[Federal Register: June 11, 2008 (Volume 73, Number 113)]
[Presidential Documents]
[Page 33283-33287]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn08-126]
[[Page 33283]]
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Part VI
The President
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Executive Order 13465--Amending Executive Order 12989, as Amended
Presidential Determination No. 2008-20 of June 4, 2008--Suspension of
Limitations Under the Jerusalem Embassy Act
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 33285]]
Executive Order 13465 of June 6, 2008
Amending Executive Order 12989, as Amended
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including subsection 121(a) of title 40 and
section 301 of title 3, United States Code, and in
order to take further steps to promote economy and
efficiency in Federal Government procurement, it is
hereby ordered as follows:
Section 1. Executive Order 12989 of February 13, 1996,
as amended, is further amended:
(a) by striking the title and inserting in lieu thereof
``Economy and Efficiency in Government Procurement
Through Compliance with Certain Immigration and
Nationality Act Provisions and Use of an Electronic
Employment Eligibility Verification System''; and
(b) by striking the material that follows the title and
precedes section 1 of the order and inserting in lieu
thereof the following:
``This order is designed to promote economy and
efficiency in Federal Government procurement. Stability
and dependability are important elements of economy and
efficiency. A contractor whose workforce is less stable
will be less likely to produce goods and services
economically and efficiently than a contractor whose
workforce is more stable. It is the policy of the
executive branch to enforce fully the immigration laws
of the United States, including the detection and
removal of illegal aliens and the imposition of legal
sanctions against employers that hire illegal aliens.
Because of the worksite enforcement policy of the
United States and the underlying obligation of the
executive branch to enforce the immigration laws,
contractors that employ illegal aliens cannot rely on
the continuing availability and service of those
illegal workers, and such contractors inevitably will
have a less stable and less dependable workforce than
contractors that do not employ such persons. Where a
contractor assigns illegal aliens to work on Federal
contracts, the enforcement of Federal immigration laws
imposes a direct risk of disruption, delay, and
increased expense in Federal contracting. Such
contractors are less dependable procurement sources,
even if they do not knowingly hire or knowingly
continue to employ unauthorized workers.
``Contractors that adopt rigorous employment
eligibility confirmation policies are much less likely
to face immigration enforcement actions, because they
are less likely to employ unauthorized workers, and
they are therefore generally more efficient and
dependable procurement sources than contractors that do
not employ the best available measures to verify the
work eligibility of their workforce. It is the policy
of the executive branch to use an electronic employment
verification system because, among other reasons, it
provides the best available means to confirm the
identity and work eligibility of all employees that
join the Federal workforce. Private employers that
choose to contract with the Federal Government should
meet the same standard.
``I find, therefore, that adherence to the general
policy of contracting only with providers that do not
knowingly employ unauthorized alien workers and that
have agreed to utilize an electronic employment
verification system designated by the Secretary of
Homeland Security to confirm the employment eligibility
of their workforce will promote economy and efficiency
in Federal procurement.
[[Page 33286]]
``NOW, THEREFORE, to ensure the economical and
efficient administration and completion of Federal
Government contracts, and by the authority vested in me
as President by the Constitution and the laws of the
United States of America, including subsection 121(a)
of title 40 and section 301 of title 3, United States
Code, it is hereby ordered as follows:''.
Sec. 2. Section 1 of Executive Order 12989, as amended,
is further amended by:
(a) striking the last sentence in subsection 1(a); and
(b) striking subsection (b) and inserting in lieu
thereof the following new subsections:
``(b) It is the policy of the executive branch in procuring goods and
services that, to ensure the economical and efficient administration and
completion of Federal Government contracts, contracting agencies may not
enter into contracts with employers that do not use the best available
means to confirm the work authorization of their workforce.
``(c) It is the policy of the executive branch to enforce fully the
antidiscrimination provisions of the INA. Nothing in this order relieves
employers of antidiscrimination obligations under section 274B of the INA
(8 U.S.C. 1324b) or any other law.
``(d) All discretion under this order shall be exercised consistent with
the policies set forth in this section.''.
Sec. 3. Section 5 of Executive Order 12989, as amended,
is further amended to read as follows:
``Sec. 5. (a) Executive departments and agencies that enter into contracts
shall require, as a condition of each contract, that the contractor agree
to use an electronic employment eligibility verification system designated
by the Secretary of Homeland Security to verify the employment eligibility
of: (i) all persons hired during the contract term by the contractor to
perform employment duties within the United States; and (ii) all persons
assigned by the contractor to perform work within the United States on the
Federal contract.
``(b) The Secretary of Homeland Security:
``(i) shall administer, maintain, and modify as necessary and appropriate
the electronic employment eligibility verification system designated by the
Secretary under subsection (a) of this section; and
``(ii) may establish with respect to such electronic employment
verification system:
``(A) terms and conditions for use of the system; and
``(B) procedures for monitoring the use, failure to use, or improper use of
the system.
``(c) The Secretary of Defense, the Administrator of General Services, and
the Administrator of the National Aeronautics and Space Administration
shall amend the Federal Acquisition Regulation to the extent necessary and
appropriate to implement the debarment responsibility, the employment
eligibility verification responsibility, and other related responsibilities
assigned to heads of departments and agencies under this order.
``(d) Except to the extent otherwise specified by law or this order, the
Secretary of Homeland Security and the Attorney General:
``(i) shall administer and enforce this order; and
``(ii) may, after consultation to the extent appropriate with the Secretary
of Defense, the Secretary of Labor, the Administrator of General Services,
the Administrator of the National Aeronautics and Space Administration, the
Administrator for Federal Procurement Policy, and the heads of such other
departments or agencies as may be appropriate, issue such rules,
regulations, or orders, or establish such requirements, as may be necessary
and appropriate to implement this order.''.
[[Page 33287]]
Sec. 4. Section 7 of Executive Order 12989, as amended,
is amended by striking ``respective agencies'' and
inserting in lieu thereof ``respective departments or
agencies''.
Sec. 5. Section 8 of Executive Order 12989, as amended,
is amended to read as follows:
``Sec. 8. (a) This order shall be implemented in a manner intended to
minimize the burden on participants in the Federal procurement process.
``(b) This order shall be implemented in a manner consistent with the
protection of intelligence and law enforcement sources, methods, and
activities from unauthorized disclosure.''.
Sec. 6. Section 9 of Executive Order 12989, as amended,
is amended to read as follows:
``Sec. 9. (a) Nothing in this order shall be construed to impair or
otherwise affect:
(i) authority granted by law to a department or agency or the head thereof;
or
(ii) functions of the Director of the Office of Management and Budget
relating to budget, 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. 7. 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.
(Presidential Sig.)
THE WHITE HOUSE,
June 6, 2008.
[FR Doc. 08-1348
Filed 6-10-08; 11:02 am]
Billing code 3195-01-P