Presidential Documents

33285 

Federal Register 

Vol. 73, No. 113 

Wednesday, June 11, 2008 

Title 3— 

The President 

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. 


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33286 Federal Register / Vol. 73, No. 113 / Wednesday, June 11, 2008 / Presidential Documents 

‘‘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.’’. 


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

THE WHITE HOUSE, 

June 6, 2008. 

[FR Doc. 08–1348 

Filed 6–10–08; 11:02 am] 

Billing code 3195–01–P 


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