[Federal Register: February 4, 2009 (Volume 74, Number 22)]
[Presidential Documents]
[Page 6107-6111]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04fe09-109]
Presidential Documents
[[Page 6107]]
Executive Order 13496 of January 30, 2009
Notification of Employee Rights Under Federal
Labor Laws
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Federal Property and
Administrative Services Act, 40 U.S.C. 101 et seq., and
in order to ensure the economical and efficient
administration and completion of Government contracts,
it is hereby ordered that:
Section 1. Policy. This order is designed to promote
economy and efficiency in Government procurement. When
the Federal Government contracts for goods or services,
it has a proprietary interest in ensuring that those
contracts will be performed by contractors whose work
will not be interrupted by labor unrest. The attainment
of industrial peace is most easily achieved and
workers' productivity is enhanced when workers are well
informed of their rights under Federal labor laws,
including the National Labor Relations Act (Act), 29
U.S.C. 151 et seq. As the Act recognizes, ``encouraging
the practice and procedure of collective bargaining and
. . . protecting the exercise by workers of full
freedom of association, self-organization, and
designation of representatives of their own choosing,
for the purpose of negotiating the terms and conditions
of their employment or other mutual aid or protection''
will ``eliminate the causes of certain substantial
obstructions to the free flow of commerce'' and
``mitigate and eliminate these obstructions when they
have occurred.'' 29 U.S.C. 151. Relying on contractors
whose employees are informed of such rights under
Federal labor laws facilitates the efficient and
economical completion of the Federal Government's
contracts.
Sec. 2. Contract Clause. Except in contracts exempted
in accordance with section 3 of this order, all
Government contracting departments and agencies shall,
to the extent consistent with law, include the
following provisions in every Government contract,
other than collective bargaining agreements as defined
in 5 U.S.C. 7103(a)(8) and purchases under the
simplified acquisition threshold as defined in the
Office of Federal Procurement Policy Act, 41 U.S.C.
403.
``1. During the term of this contract, the contractor
agrees to post a notice, of such size and in such form,
and containing such content as the Secretary of Labor
shall prescribe, in conspicuous places in and about its
plants and offices where employees covered by the
National Labor Relations Act engage in activities
relating to the performance of the contract, including
all places where notices to employees are customarily
posted both physically and electronically. The notice
shall include the information contained in the notice
published by the Secretary of Labor in the Federal
Register (Secretary's Notice).
``2. The contractor will comply with all provisions
of the Secretary's Notice, and related rules,
regulations, and orders of the Secretary of Labor.
``3. In the event that the contractor does not
comply with any of the requirements set forth in
paragraphs (1) or (2) above, this contract may be
cancelled, terminated, or suspended in whole or in
part, and the contractor may be declared ineligible for
further Government contracts in accordance with
procedures authorized in or adopted pursuant to
Executive Order [number as provided by the Federal
Register] of [insert new date]. Such other sanctions or
remedies may be imposed as are provided in Executive
Order [number as provided by the Federal Register] of
[insert new date], or by
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rule, regulation, or order of the Secretary of Labor,
or as are otherwise provided by law.
``4. The contractor will include the provisions of
paragraphs (1) through (3) above in every subcontract
entered into in connection with this contract (unless
exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 3 of
Executive Order [number as provided by the Federal
Register] of [insert new date]) so that such provisions
will be binding upon each subcontractor. The contractor
will take such action with respect to any such
subcontract as may be directed by the Secretary of
Labor as a means of enforcing such provisions,
including the imposition of sanctions for non-
compliance: Provided, however, that if the contractor
becomes involved in litigation with a subcontractor, or
is threatened with such involvement, as a result of
such direction, the contractor may request the United
States to enter into such litigation to protect the
interests of the United States.''
Sec. 3. Administration.
(a) The Secretary of Labor (Secretary) shall be
responsible for the administration and enforcement of
this order. The Secretary shall adopt such rules and
regulations and issue such orders as are necessary and
appropriate to achieve the purposes of this order.
(b) Within 120 days of the effective date of this
order, the Secretary shall initiate a rulemaking to
prescribe the size, form, and content of the notice to
be posted by a contractor under paragraph 1 of the
contract clause described in section 2 of this order.
Such notice shall describe the rights of employees
under Federal labor laws, consistent with the policy
set forth in section 1 of this order.
(c) Whenever the Secretary finds that an act of
Congress, clarification of existing law by the courts
or the National Labor Relations Board, or other
circumstances make modification of the contractual
provisions set out in subsection (a) of this section
necessary to achieve the purposes of this order, the
Secretary promptly shall issue such rules, regulations,
or orders as are needed to cause the substitution or
addition of appropriate contractual provisions in
Government contracts thereafter entered into.
Sec. 4. Exemptions. (a) If the Secretary finds that the
application of any of the requirements of this order
would not serve the purposes of this order or would
impair the ability of the Government to procure goods
or services on an economical and efficient basis, the
Secretary may exempt a contracting department or agency
or group of departments or agencies from the
requirements of any or all of the provisions of this
order with respect to a particular contract or
subcontract or any class of contracts or subcontracts.
(b) The Secretary may, if the Secretary finds that
special circumstances require an exemption in order to
serve the national interest, exempt a contracting
department or agency from the requirements of any or
all of the provisions of section 2 of this order with
respect to a particular contract or subcontract or
class of contracts or subcontracts.
Sec. 5. Investigation.
(a) The Secretary may investigate any Government
contractor, subcontractor, or vendor to determine
whether the contractual provisions required by section
2 of this order have been violated.
Such investigations shall be conducted in
accordance with procedures established by the
Secretary.
(b) The Secretary shall receive and investigate
complaints by employees of a Government contractor or
subcontractor, where such complaints allege a failure
to perform or a violation of the contractual provisions
required by section 2 of this order.
Sec. 6. Compliance.
(a) The Secretary, or any agency or officer in the
executive branch lawfully designated by rule,
regulation, or order of the Secretary, may hold such
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hearings, public or private, regarding compliance with
this order as the Secretary may deem advisable.
(b) The Secretary may hold hearings, or cause
hearings to be held, in accordance with subsection (a)
of this section, prior to imposing, ordering, or
recommending the imposition of sanctions under this
order. Neither an order for cancellation, termination,
or suspension of any contract or debarment of any
contractor from further Government contracts under
section 7(b) of this order nor the inclusion of a
contractor on a published list of noncomplying
contractors under section 7(c) of this order shall be
carried out without affording the contractor an
opportunity for a hearing.
Sec. 7. Remedies. In accordance with such rules,
regulations, or orders as the Secretary may issue or
adopt, the Secretary may:
(a) after consulting with the contracting
department or agency, direct that department or agency
to cancel, terminate, suspend, or cause to be
cancelled, terminated, or suspended, any contract, or
any portion or portions thereof, for failure of the
contractor to comply with the contractual provisions
required by section 2 of this order; contracts may be
cancelled, terminated, or suspended absolutely, or
continuance of contracts may be conditioned upon future
compliance: Provided, that before issuing a directive
under this subsection, the Secretary shall provide the
head of the contracting department or agency an
opportunity to offer written objections to the issuance
of such a directive, which objections shall include a
complete statement of reasons for the objections, among
which reasons shall be a finding that completion of the
contract is essential to the agency's mission: And
provided further, that no directive shall be issued by
the Secretary under this subsection so long as the head
of the contracting department or agency, or his or her
designee, continues to object to the issuance of such
directive;
(b) after consulting with each affected contracting
department or agency, provide that one or more
contracting departments or agencies shall refrain from
entering into further contracts, or extensions or other
modifications of existing contracts, with any
noncomplying contractor, until such contractor has
satisfied the Secretary that such contractor has
complied with and will carry out the provisions of this
order: Provided, that before issuing a directive under
this subsection, the Secretary shall provide the head
of each contracting department or agency an opportunity
to offer written objections to the issuance of such a
directive, which objections shall include a complete
statement of reasons for the objections, among which
reasons shall be a finding that further contracts or
extensions or other modifications of existing contracts
with the noncomplying contractor are essential to the
agency's mission: And provided further, that no
directive shall be issued by the Secretary under this
subsection so long as the head of a contracting
department or agency, or his or her designee, continues
to object to the issuance of such directive; and
(c) publish, or cause to be published, the names of
contractors that have, in the judgment of the
Secretary, failed to comply with the provisions of this
order or of related rules, regulations, and orders of
the Secretary.
Sec. 8. Reports. Whenever the Secretary invokes section
7(a) or 7(b) of this order, the contracting department
or agency shall report to the Secretary the results of
the action it has taken within such time as the
Secretary shall specify.
Sec. 9. Cooperation. Each contracting department and
agency shall cooperate with the Secretary and provide
such information and assistance as the Secretary may
require in the performance of the Secretary's functions
under this order.
Sec. 10. Sufficiency of Remedies. If the Secretary
finds that the authority vested in the Secretary by
sections 5 through 9 of this order is not sufficient to
effectuate the purposes of this order, the Secretary
shall develop recommendations on how better to
effectuate those purposes.
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Sec. 11. Delegation. The Secretary may, in accordance
with law, delegate any function or duty of the
Secretary under this order to any officer in the
Department of Labor or to any other officer in the
executive branch of the Government, with the consent of
the head of the department or agency in which that
officer serves.
Sec. 12. Implementation. To the extent permitted by
law, the Federal Acquisition Regulatory Council (FAR
Council) shall take whatever action is required to
implement in the Federal Acquisition Regulation (FAR)
the provisions of this order and any related rules,
regulations, or orders issued by the Secretary under
this order and shall amend the FAR to require each
solicitation of offers for a contract to include a
provision that implements section 2 of this order.
Sec. 13. Revocation of Prior Order and Actions.
Executive Order 13201 of February 17, 2001, is revoked.
The heads of executive departments and agencies shall,
to the extent permitted by law, revoke expeditiously
any orders, rules, regulations, guidelines, or policies
implementing or enforcing Executive Order 13201.
Sec. 14. Severability. If any provision of this order,
or the application of such provision to any person or
circumstance, is held to be invalid, the remainder of
this order and the application of the provisions of
such to any person or circumstances shall not be
affected thereby.
Sec. 15. General Provisions.
(a) Nothing in this order shall be construed to
impair or otherwise affect:
(i) authority granted by law to a department, agency, or the head
thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budgetary, 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.
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Sec. 16. Effective Date. This order shall become
effective immediately, and shall apply to contracts
resulting from solicitations issued on or after the
effective date of the rule promulgated by the Secretary
pursuant to section 3(b) of this order.
(Presidential Sig.)
THE WHITE HOUSE,
January 30, 2009.
[FR Doc. E9-2485
Filed 2-3-09; 8:45 am]
Billing code 3195-W9-P