Order Text:
By the authority vested in me as President by the Constitution and thelaws of the United States of America, including subsection 121(a) oftitle 40 and section 301 of title 3, United States Code, and in order totake further steps to promote economy and efficiency in FederalGovernment 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 "Economyand Efficiency in Government Procurement Through Compliance with CertainImmigration and Nationality Act Provisions and Use of an ElectronicEmployment Eligibility Verification System"; and
(b) by striking the material that follows the title and precedessection 1 of the order and inserting in lieu thereof the following:
"This order is designed to promote economy and efficiency inFederal Government procurement. Stability and dependability areimportant elements of economy and efficiency. A contractor whoseworkforce is less stable will be less likely to produce goods andservices economically and efficiently than a contractor whose workforceis more stable. It is the policy of the executive branch to enforcefully the immigration laws of the United States, including the detectionand removal of illegal aliens and the imposition of legal sanctionsagainst employers that hire illegal aliens. Because of the worksiteenforcement policy of the United States and the underlying obligation ofthe executive branch to enforce the immigration laws, contractors thatemploy illegal aliens cannot rely on the continuing availability andservice of those illegal workers, and such contractors inevitably willhave a less stable and less dependable workforce than contractors thatdo not employ such persons. Where a contractor assigns illegal aliensto work on Federal contracts, the enforcement of Federal immigrationlaws imposes a direct risk of disruption, delay, and increased expensein Federal contracting. Such contractors are less dependableprocurement sources, even if they do not knowingly hire or knowinglycontinue to employ unauthorized workers.
"Contractors that adopt rigorous employment eligibilityconfirmation policies are much less likely to face immigrationenforcement actions, because they are less likely to employ unauthorizedworkers, and they are therefore generally more efficient and dependableprocurement sources than contractors that do not employ the bestavailable measures to verify the work eligibility of their workforce.It is the policy of the executive branch to use an electronic employmentverification system because, among other reasons, it provides the bestavailable means to confirm the identity and work eligibility of allemployees that join the Federal workforce. Private employers thatchoose to contract with the Federal Government should meet the samestandard.
"I find, therefore, that adherence to the general policy ofcontracting only with providers that do not knowingly employunauthorized alien workers and that have agreed to utilize an electronicemployment verification system designated by the Secretary of HomelandSecurity to confirm the employment eligibility of their workforce willpromote economy and efficiency in Federal procurement.
"NOW, THEREFORE, to ensure the economical and efficientadministration and completion of Federal Government contracts, and bythe authority vested in me as President by the Constitution and the lawsof the United States of America, including subsection 121(a) of title 40and section 301 of title 3, United States Code, it is hereby ordered asfollows:".
Sec. 2. Section 1 of Executive Order 12989, as amended, is furtheramended by:
(a) striking the last sentence in subsection 1(a); and
(b) striking subsection (b) and inserting in lieu thereof thefollowing new subsections:
"(b) It is the policy of the executive branch in procuring goods andservices that, to ensure the economical and efficient administration andcompletion of Federal Government contracts, contracting agencies may notenter into contracts with employers that do not use the best availablemeans to confirm the work authorization of their workforce.
"(c) It is the policy of the executive branch to enforce fully theantidiscrimination provisions of the INA. Nothing in this orderrelieves employers of antidiscrimination obligations under section 274Bof the INA (8 U.S.C. 1324b) or any other law.
"(d) All discretion under this order shall be exercised consistent withthe policies set forth in this section.".
Sec. 3. Section 5 of Executive Order 12989, as amended, isfurther amended to read as follows:
"Sec. 5. (a) Executive departments and agencies that enter intocontracts shall require, as a condition of each contract, that thecontractor agree to use an electronic employment eligibilityverification system designated by the Secretary of Homeland Security toverify the employment eligibility of: (i) all persons hired during thecontract term by the contractor to perform employment duties within theUnited States; and (ii) all persons assigned by the contractor toperform work within the United States on the Federal contract.
"(b) The Secretary of Homeland Security:
"(i) shall administer, maintain, and modify as necessary andappropriate the electronic employment eligibility verification systemdesignated by the Secretary under subsection (a) of this section; and
"(ii) may establish with respect to such electronic employmentverification system:
"(A) terms and conditions for use of the system; and
"(B) procedures for monitoring the use, failure to use, orimproper use of the system.
"(c) The Secretary of Defense, the Administrator of GeneralServices, and the Administrator of the National Aeronautics and SpaceAdministration shall amend the Federal Acquisition Regulation to theextent necessary and appropriate to implement the debarmentresponsibility, the employment eligibility verification responsibility,and other related responsibilities assigned to heads of departments andagencies under this order.
"(d) Except to the extent otherwise specified by law or thisorder, 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 theSecretary of Defense, the Secretary of Labor, the Administrator ofGeneral Services, the Administrator of the National Aeronautics andSpace Administration, the Administrator for Federal Procurement Policy,and the heads of such other departments or agencies as may beappropriate, issue such rules, regulations, or orders, or establish suchrequirements, as may be necessary and appropriate to implement thisorder.".
Sec. 4. Section 7 of Executive Order 12989, as amended, is amendedby striking "respective agencies" and inserting in lieu thereof"respective departments or agencies".
Sec. 5. Section 8 of Executive Order 12989, as amended, is amended toread as follows:
"Sec. 8. (a) This order shall be implemented in a manner intendedto minimize the burden on participants in the Federal procurementprocess.
"(b) This order shall be implemented in a manner consistent withthe protection of intelligence and law enforcement sources, methods, andactivities from unauthorized disclosure.".
Sec. 6. Section 9 of Executive Order 12989, as amended, is amendedto read as follows:
"Sec. 9. (a) Nothing in this order shall be construed to impairor otherwise affect:
(i) authority granted by law to a department or agency or the headthereof; or
(ii) functions of the Director of the Office of Management andBudget relating to budget, administrative, or legislative proposals.
"(b) This order shall be implemented consistent with applicablelaw and subject to the availability of appropriations.
"(c) This order is not intended to, and does not, create any rightor benefit, substantive or procedural, enforceable at law or in equity,by any party against the United States, its departments, agencies orentities, its officers, employees, or agents, or any other person.".
Sec. 7. This order is not intended to, and does not, create anyright or benefit, substantive or procedural, enforceable at law or inequity, by any party against the United States, its departments,agencies or entities, its officers, employees, or agents, or any otherperson.
GEORGE W. BUSH
