    [Weekly Compilation of Presidential Documents Volume 44, Number 23 (Monday, June 16, 2008)]
    [Pages 805-807]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Executive Order 13465--Amending Executive Order 12989, as Amended

    June 6, 2008

        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,

    [[Page 806]]

    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.
        ``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

    [[Page 807]]

          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.''.
        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.
                                                    George W. Bush
     The White House,
     June 6, 2008.

     [Filed with the Office of the Federal Register, 11:02 a.m., June 10,
    2008]

    Note: This Executive order was released by the Office of the Press
    Secretary on June 9, and it was published in the Federal Register on
    June 11.