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Executive Order 13738 Constitutional Fidelity (+0.52)

Executive Order 13738—Amendment to Executive Order 13673

Barack Obama Barack Obama
•
Tuesday, August 23, 2016
•
2 min read (365 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President Barack Obama on 2016-08-23, establishes federal administrative policy concerning "Amendment to Executive Order 13673." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: An early statesman would view this measure favorably under Article II, Section 3 (the Take Care Clause). The President operates strictly within the ambit of executing established laws and supervising departmental subordinates, respecting the supremacy of the legislative branch without fabricating novel statutory obligations.

Key Directives & Operative Actions

▪ This order shall become effective immediately and shall apply to all solicitations for contracts as set forth in any final rule issued by the Federal Acquisition Regulatory Council under this order and Executive Order 13673 of July 31, 2014.

Constitutional & Societal Entities Impacted

🏛️ Executive Departments & Federal Civil Servants
Total Words
365
2,297 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
21.6
Post-Grad reading level
Constitutional Polarity
+0.52
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 13738, Barack Obama (Aug 23, 2016). Available at https://executiveordersarchive.org/orders/app-executive-order-13738-amendment-executive-order-13673.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
By the authority vested in me as President by the Constitution and the laws of the United States of America, including 40 U.S.C. 121, and in order to promote economy and efficiency in procurement by contracting with responsible sources who comply with labor laws, it is hereby ordered as follows: Section 1 . Amendment to Executive Order 13673 . Executive Order 13673 of July 31, 2014 (Fair Pay and Safe Workplaces), is amended as follows: (1) in subsection 2(a)(iv)(A), by inserting, after the word "disclose," the following: "to the entity designated by a final rule amending the Federal Acquisition Regulation under subsection 4(a)"; (2) in subsection 2(a)(iv)(B), by striking "the information submitted by the subcontractor pursuant to subparagraph (A) of this paragraph" and replacing in lieu thereof the following: "the advice provided by the entity designated by a final rule amending the Federal Acquisition Regulation under subsection 4(a), or the information submitted to that entity"; (3) in subsection 2(a)(v), by striking "to the contractor" and inserting in lieu thereof the following: "to an entity designated by a final rule amending the Federal Acquisition Regulation under subsection 4(a)"; and (4) in subsection 4(c)(i), by striking "and (ii)". Sec. 2 . General Provisions . (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to a department, agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Sec. 3 . Effective Date . This order shall become effective immediately and shall apply to all solicitations for contracts as set forth in any final rule issued by the Federal Acquisition Regulatory Council under this order and Executive Order 13673 of July 31, 2014. BARACK OBAMA The White House, August 23, 2016.