Government operations and workforce

Executive Order 13738: Amendment to Executive Order 13673

President: Barack Obama

Adjusted implementation timing and responsibilities for the Fair Pay and Safe Workplaces contractor program.

Status: Revoked — by EO 13782.

Is Executive Order 13738 still in effect? No. EO 13782 revoked it.

What does Executive Order 13738 do?

EO 13738 amended EO 13673 shortly before the final procurement rule was due to take effect. It refined the disclosure phase-in and agency responsibilities. Litigation blocked major portions; Congress disapproved the rule under the Congressional Review Act, and EO 13782 expressly revoked EO 13738 and the underlying EO 13673 in March 2017. Agencies then rescinded the rule and Labor guidance.

Administration position: The amendment did not create new labor-law violations; it changed how existing violations would be considered in federal contracting.
SignedAugust 23, 2016
Base orderEO 13673
RevokedMarch 27, 2017 by EO 13782

Before and after

Before the order

EO 13673 and proposed rules contained the original timing and implementation design.

After the order

The final phase-in was revised, then the entire framework was enjoined, disapproved and revoked.

Who had to do what

Agency / officeActionTiming / position
Contracting agenciesApply revised phase-inEnded
Labor DepartmentSupport disclosure assessmentsGuidance rescinded
ContractorsMake program disclosuresEnded

What happened next

EO 13738 amended the program.

Congress disapproved the rule and EO 13782 revoked the orders.

Reviewed court position

Court status

No court opinion, filing or docket is linked in this guide’s current source set.