[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

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      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.