Executive Order 13897-Improving Federal Contractor Operations by Revoking Executive Order 13495
Issued 2019-10-31 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
Executive Order 13897, issued by President Donald J. Trump, revokes a previous order known as Executive Order 13495. The revoked order had required federal contractors, in certain situations, to offer a right of first refusal of employment to employees who worked under a previous contract. With this new order, federal agencies are directed to rescind any rules or policies that put the revoked order into practice and to stop any related investigations or compliance actions.
This action primarily affects federal contractors and their employees. Specifically, it removes the requirement for new federal contractors to offer jobs to employees from a prior contract. The President stated the goal of this order is to promote economy and efficiency in Federal Government procurement. The President has the constitutional authority to direct how the executive branch enforces laws, and this order is considered a routine exercise of executive power as long as it operates within existing legal authority and does not contradict laws passed by Congress.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
Executive Order 13897 ("Executive Order 13897-Improving Federal Contractor Operations by Revoking Executive Order 13495") directs federal agencies on implementation of existing law. The President's stated goal: "promote economy and efficiency in Federal Government procurement, it is hereby ordered as follows: Section 1 ." Under Article II's "Take Care" clause, the President has constitutional authority to direct how the executive branch enforces the laws Congress has enacted. Setting agency priorities, establishing implementation frameworks, and coordinating action across departments are core presidential functions.
As long as this order operates within existing statutory authority and does not contradict congressional mandates, it is a routine exercise of executive power. The order's legal weight depends on the specific statutes it invokes and how it directs agencies to interpret their mandates. Subordinate agencies must follow presidential direction, but only to the extent consistent with their underlying statutory authority.
Official Summary
Administration of Donald J. Trump, 2019 Executive Order 13897—Improving Federal Contractor Operations by Revoking Executive Order 13495 October 31, 2019 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Property and Administrative Services Act, 40 U.S.C. 101 et seq ., and in order to promote economy and efficiency in Federal Government procurement, it is hereby ordered as follows: Section 1 . Revocation of Prior Order . Executive Order 13495 of January 30, 2009 (Nondisplacement of Qualified Workers Under Service Contracts), which requires that successor Federal contractors in certain circumstances offer a right of first refusal of employment to employees employed under the predecessor contract, is hereby revoked. Sec. 2 . Agency Implementation . The Secretary of Labor (Secretary), the Federal Acquisition Regulatory Council, and heads of executive departments and agencies shall, consistent with law, promptly move to rescind any orders, rules, regulations, guidelines, programs, or policies implementing or enforcing Executive Order 13495. Sec. 3 . Enforcement . The Secretary shall terminate, effective immediately, any investigations or compliance acti