Executive Order 13465—amending Executive Order 12989, as Amended

Weekly Compilation of Presidential Documents, June 16, 2008 by George W. Bush

"(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.