NEW: President Bush Signs Order Mandating E-Verify for Fed Contractors

President Bush signed an executive order today mandating what his administration has long promised: E-Verify mandated for all federal contractors.
The Nutshell: All agencies and departments of the Executive branch of the federal government must require their contractors to use an electronic employment verification system.

Executive
Order: 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.

“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.”.

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.