Amending Executive Order 12989, as Amended, 33285-33287 [08-1348]

Agencies

• Executive Office of the President
• Presidential Documents

[Federal Register Volume 73, Number 113 (Wednesday, June 11, 2008)]
[Presidential Documents]
[Pages 33285-33287]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1348]



[[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 



Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / 
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