[Federal Register Volume 85, Number 152 (Thursday, August 6, 2020)]
[Presidential Documents]
[Pages 47879-47880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17363]



[[Page 47877]]

Vol. 85

Thursday,

No. 152

August 6, 2020

Part II





The President





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Executive Order 13940--Aligning Federal Contracting and Hiring 
Practices With the Interests of American Workers



Executive Order 13941--Improving Rural Health and Telehealth Access



Memorandum of August 3, 2020--Extension of the Use of the National 
Guard To Respond to COVID-19 and To Facilitate Economic Recovery



Memorandum of August 3, 2020--Extension of the Use of the National 
Guard To Respond to COVID-19 and To Facilitate Economic Recovery



Memorandum of August 3, 2020--Extension of the Use of the National 
Guard To Respond to COVID-19 and To Facilitate Economic Recovery
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  Federal Register / Vol. 85, No. 152 / Thursday, August 6, 2020 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 47879]]

                Executive Order 13940 of August 3, 2020

                
Aligning Federal Contracting and Hiring Practices 
                With the Interests of American Workers

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Policy. It is the policy of the executive 
                branch to create opportunities for United States 
                workers to compete for jobs, including jobs created 
                through Federal contracts. These opportunities, 
                particularly in regions where the Federal Government 
                remains the largest employer, are especially critical 
                during the economic dislocation caused by the 2019 
                novel coronavirus (COVID-19) pandemic. When employers 
                trade American jobs for temporary foreign labor, for 
                example, it reduces opportunities for United States 
                workers in a manner inconsistent with the role guest-
                worker programs are meant to play in the Nation's 
                economy.

                Sec. 2. Review of Contracting and Hiring Practices. (a) 
                The head of each executive department and agency 
                (agency) that enters into contracts shall review, to 
                the extent practicable, performance of contracts 
                (including subcontracts) awarded by the agency in 
                fiscal years 2018 and 2019 to assess:

(i) whether contractors (including subcontractors) used temporary foreign 
labor for contracts performed in the United States, and, if so, the nature 
of the work performed by temporary foreign labor on such contracts; whether 
opportunities for United States workers were affected by such hiring; and 
any potential effects on the national security caused by such hiring; and

(ii) whether contractors (including subcontractors) performed in foreign 
countries services previously performed in the United States, and, if so, 
whether opportunities for United States workers were affected by such 
offshoring; whether affected United States workers were eligible for 
assistance under the Trade Adjustment Assistance program authorized by the 
Trade Act of 1974; and any potential effects on the national security 
caused by such offshoring.

                    (b) The head of each agency that enters into 
                contracts shall assess any negative impact of 
                contractors' and subcontractors' temporary foreign 
                labor hiring practices or offshoring practices on the 
                economy and efficiency of Federal procurement and on 
                the national security, and propose action, if necessary 
                and as appropriate and consistent with applicable law, 
                to improve the economy and efficiency of Federal 
                procurement and protect the national security.
                    (c) The head of each agency shall, in coordination 
                with the Director of the Office of Personnel 
                Management, review the employment policies of the 
                agency to assess the agency's compliance with Executive 
                Order 11935 of September 2, 1976 (Citizenship 
                Requirements for Federal Employment), and section 704 
                of the Consolidated Appropriations Act, 2020, Public 
                Law 116-93.
                    (d) Within 120 days of the date of this order, the 
                head of each agency shall submit a report to the 
                Director of the Office of Management and Budget 
                summarizing the results of the reviews required by 
                subsections (a) through (c) of this section; 
                recommending, if necessary, corrective actions that may 
                be taken by the agency and timeframes to implement such 
                actions; and proposing any Presidential actions that 
                may be appropriate.

[[Page 47880]]

                Sec. 3. Measures to Prevent Adverse Effects on United 
                States Workers. Within 45 days of the date of this 
                order, the Secretaries of Labor and Homeland Security 
                shall take action, as appropriate and consistent with 
                applicable law, to protect United States workers from 
                any adverse effects on wages and working conditions 
                caused by the employment of H-1B visa holders at job 
                sites (including third-party job sites), including 
                measures to ensure that all employers of H-1B visa 
                holders, including secondary employers, adhere to the 
                requirements of section 212(n)(1) of the Immigration 
                and Nationality Act (8 U.S.C. 1182(n)(1)).

                Sec. 4. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or 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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    August 3, 2020.

[FR Doc. 2020-17363
Filed 8-5-20; 11:15 am]
Billing code 3295-F0-P