issue-2009-02-11•Federal Register executive orders — 2009-02-11
Federal Register executive orders — 2009-02-11
issue-2009-02-11Federal Register executive orders — 2009-02-11Executive Order
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FR Doc. E9-3113 Use of Project Labor Agreements for Federal Construction Projects
[Federal Register Volume 74, Number 27 (Wednesday, February 11, 2009)]
[Presidential Documents]
[Pages 6985-6987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3113]
Presidential Documents
Federal Register / Vol. 74, No. 27 / Wednesday, February 11, 2009 /
Presidential Documents
[[Page 6985]]
Executive Order 13502 of February 6, 2009
Use of Project Labor Agreements for Federal
Construction Projects
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 promote the efficient administration and
completion of Federal construction projects, it is
hereby ordered that:
Section 1. Policy. (a) Large-scale construction
projects pose special challenges to efficient and
timely procurement by the Federal Government.
Construction employers typically do not have a
permanent workforce, which makes it difficult for them
to predict labor costs when bidding on contracts and to
ensure a steady supply of labor on contracts being
performed. Challenges also arise due to the fact that
construction projects typically involve multiple
employers at a single location. A labor dispute
involving one employer can delay the entire project. A
lack of coordination among various employers, or
uncertainty about the terms and conditions of
employment of various groups of workers, can create
frictions and disputes in the absence of an agreed-upon
resolution mechanism. These problems threaten the
efficient and timely completion of construction
projects undertaken by Federal contractors. On larger
projects, which are generally more complex and of
longer duration, these problems tend to be more
pronounced.
(b) The use of a project labor agreement may
prevent these problems from developing by providing
structure and stability to large-scale construction
projects, thereby promoting the efficient and
expeditious completion of Federal construction
contracts. Accordingly, it is the policy of the Federal
Government to encourage executive agencies to consider
requiring the use of project labor agreements in
connection with large-scale construction projects in
order to promote economy and efficiency in Federal
procurement.
Sec. 2. Definitions.
(a) The term ``labor organization'' as used in this
order means a labor organization as defined in 29
U.S.C. 152(5).
(b) The term ``construction'' as used in this order
means construction, rehabilitation, alteration,
conversion, extension, repair, or improvement of
buildings, highways, or other real property.
(c) The term ``large-scale construction project''
as used in this order means a construction project
where the total cost to the Federal Government is $25
million or more.
(d) The term ``executive agency'' as used in this
order has the same meaning as in 5 U.S.C. 105, but
excludes the Government Accountability Office.
(e) The term ``project labor agreement'' as used in
this order means a pre-hire collective bargaining
agreement with one or more labor organizations that
establishes the terms and conditions of employment for
a specific construction project and is an agreement
described in 29 U.S.C. 158(f).
Sec. 3. (a) In awarding any contract in connection with
a large-scale construction project, or obligating funds
pursuant to such a contract, executive agencies may, on
a project-by-project basis, require the use of a
project labor agreement by a contractor where use of
such an agreement will (i)
[[Page 6986]]
advance the Federal Government's interest in achieving
economy and efficiency in Federal procurement,
producing labor-management stability, and ensuring
compliance with laws and regulations governing safety
and health, equal employment opportunity, labor and
employment standards, and other matters, and (ii) be
consistent with law.
(b) If an executive agency determines under
subsection (a) that the use of a project labor
agreement will satisfy the criteria in clauses (i) and
(ii) of that subsection, the agency may, if
appropriate, require that every contractor or
subcontractor on the project agree, for that project,
to negotiate or become a party to a project labor
agreement with one or more appropriate labor
organizations.
Sec. 4. Any project labor agreement reached pursuant to
this order shall:
(a) bind all contractors and subcontractors on the
Construction project through the inclusion of
appropriate specifications in all relevant solicitation
provisions and contract documents;
(b) allow all contractors and subcontractors to
compete for contracts and subcontracts without regard
to whether they are otherwise parties to collective
bargaining agreements;
(c) contain guarantees against strikes, lockouts,
and similar job disruptions;
(d) set forth effective, prompt, and mutually
binding procedures for resolving labor disputes arising
during the project labor agreement;
(e) provide other mechanisms for labor-management
cooperation on matters of mutual interest and concern,
including productivity, quality of work, safety, and
health;and
(f) fully conform to all statutes, regulations, and
Executive Orders.
Sec. 5. This order does not require an executive agency
to use a project labor agreement on any construction
project, nor does it preclude the use of a project
labor agreement in circumstances not covered by this
order, including leasehold arrangements and projects
receiving Federal financial assistance. This order also
does not require contractors or subcontractors to enter
into a project labor agreement with any particular
labor organization.
Sec. 6. Within 120 days of the date of this order, the
Federal Acquisition Regulatory Council (FAR Council),
to the extent permitted by law, shall take whatever
action is required to amend the Federal Acquisition
Regulation to implement the provisions of this order.
Sec. 7. The Director of OMB, in consultation with the
Secretary of Labor and with other officials as
appropriate, shall provide the President within 180
days of this order, recommendations about whether
broader use of project labor agreements, with respect
to both construction projects undertaken under Federal
contracts and construction projects receiving Federal
financial assistance, would help to promote the
economical, efficient, and timely completion of such
projects.
Sec. 8. Revocation of Prior Orders, Rules, and
Regulations. Executive Order 13202 of February 17,
2001, and Executive Order 13208 of April 6, 2001, are
revoked. The heads of executive agencies shall, to the
extent permitted by law, revoke expeditiously any
orders, rules, or regulations implementing Executive
Orders 13202 and 13208.
Sec. 9. 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 circumstance shall not be
affected thereby.
Sec. 10. General. (a) Nothing in this order shall be
construed to impair or otherwise affect:
(i) authority granted by law to an executive 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.
[[Page 6987]]
(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. 11. Effective Date. This order shall be effective
immediately and shall apply to all solicitations for
contracts issued on or after the effective date of the
action taken by the FAR Council under section 6 of this
order.
(Presidential Sig.)
THE WHITE HOUSE,
February 6, 2009.
[FR Doc. E9-3113
Filed 2-10-09; 1:00 pm]
Billing code 3195-W9-P
Complete official Federal Register PDF
FR Doc. E9-3112 Establishment of the President's Economic Recovery Advisory Board
[Federal Register Volume 74, Number 27 (Wednesday, February 11, 2009)]
[Presidential Documents]
[Pages 6983-6984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3112]
Presidential Documents
Federal Register / Vol. 74, No. 27 / Wednesday, February 11, 2009 /
Presidential Documents
[[Page 6983]]
Executive Order 13501 of February 6, 2009
Establishment of the President's Economic
Recovery Advisory Board
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to enhance the strength and
competitiveness of the Nation's economy and the
prosperity of the American people by ensuring the
availability of independent, nonpartisan information,
analysis, and advice to the President as he formulates
and implements his plans for economic recovery, it is
hereby ordered as follows:
Section 1. There is hereby established within the
Department of the Treasury the President's Economic
Recovery Advisory Board (PERAB). The PERAB shall
consist of not more than 17 members, who shall be
appointed by the President from among distinguished
citizens from outside the Government who are qualified
on the basis of achievement, experience, independence,
and integrity. The overall membership of the PERAB
shall reflect a diverse set of perspectives from across
the country and from various sectors of the economy.
The President shall designate a Chair from among the
members. The Chair shall appoint a Staff Director, who
shall supervise the staff of the PERAB.
Sec. 2. The functions of the PERAB are advisory only.
The PERAB shall meet regularly and shall:
(a) solicit information and ideas from across the
country and from all sectors of our economy about the
functioning of the economy, the condition of the
financial and banking system, and the prosperity of the
American people and of American industry that can serve
to inform the decisionmaking of the President, and,
with respect to matters deemed appropriate by the
President, provide information and recommendations to
any other agency with responsibilities related to the
economy or financial markets or to the National
Economic Council;
(b) report directly to the President on the design,
implementation, and evaluation of policies to promote
the growth of the American economy, establish a stable
and sound financial and banking system, create jobs,
and improve the long-term prosperity of the American
people; and
(c) provide analysis and information with respect
to the operation, regulation, and healthy functioning
of the economy and of the financial and banking system.
As deemed appropriate by the President, this analysis
and information shall be provided to the Chairman of
the Board of Governors of the Federal Reserve System,
to any other agency with responsibilities related to
the economy or financial markets, or to the National
Economic Council.
Sec. 3. Administration of the PERAB. (a) All executive
departments and agencies and all entities within the
Executive Office of the President shall cooperate with
the PERAB and provide such information and assistance
to the PERAB as the PERAB may request, to the extent
permitted by law.
(b) The Department of the Treasury shall provide
funding and administrative support for the PERAB to the
extent permitted by law and within existing
appropriations.
(c) Members of the PERAB shall serve without
compensation but may receive transportation expenses,
including per diem in lieu of subsistence,
[[Page 6984]]
as authorized by law for persons serving intermittently
in the Government (5 U.S.C. 5701-5707), consistent with
the availability of funds.
Sec. 4. Termination. The PERAB shall terminate 2 years
after the date of this order unless extended by the
President.
Sec. 5. General Provisions. (a) Insofar as the Federal
Advisory Committee Act, as amended (5 U.S.C. App.) (the
``Act''), may apply to the PERAB, any functions of the
President under the Act, except for those in section 6
of the Act, shall be performed by the Secretary of the
Treasury in accordance with the guidelines that have
been issued by the Administrator of General Services.
(b) 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 budgetary, administrative, or legislative proposals.
(c) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(d) 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.
(Presidential Sig.)
THE WHITE HOUSE,
February 6, 2009.
[FR Doc. E9-3112
Filed 2-10-09; 1:00 pm]
Billing code 3195-W9-P
Complete official Federal Register PDF
FR Doc. E9-3108 Further Amendments to Executive Order 12859, Establishment of the Domestic Policy Council
[Federal Register Volume 74, Number 27 (Wednesday, February 11, 2009)]
[Presidential Documents]
[Page 6981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3108]
Presidential Documents
Federal Register / Vol. 74, No. 27 / Wednesday, February 11, 2009 /
Presidential Documents
[[Page 6981]]
Executive Order 13500 of February 5, 2009
Further Amendments to Executive Order 12859,
Establishment of the Domestic Policy Council
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Executive Order 12859 of August 16, 1993, as amended,
is further amended by making the following revisions in
section 2:
(a) striking ``(u) Assistant to the President and
Director of the Office of National Service;'' and
inserting in lieu thereof ``(u) Senior Advisor and
Assistant to the President for Intergovernmental
Affairs and Public Liaison;'';
(b) striking ``(v) Senior Advisor to the President for
Policy Development;'' and inserting in lieu thereof
``(v) Assistant to the President for Energy and Climate
Change;'';
(c) striking ``(x) AIDS Policy Coordinator; and'' and
inserting in lieu thereof ``(x) Assistant to the
President and Chief Technology Officer;'';
(d) inserting ``(y) Chief Executive Officer,
Corporation for National and Community Service'' and
``(z) Director of the Office of Science and Technology
Policy; and''; and
(e) relettering the subsequent subsection in section 2
as ``(aa)''.
(Presidential Sig.)
THE WHITE HOUSE,
February 5, 2009.
[FR Doc. E9-3108
Filed 2-10-09; 1:00 pm]
Billing code 3195-W9-P
Complete official Federal Register PDF
FR Doc. E9-3106 Further Amendments to Executive Order 12835, Establishment of the National Economic Council
[Federal Register Volume 74, Number 27 (Wednesday, February 11, 2009)]
[Presidential Documents]
[Page 6979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3106]
[[Page 6977]]
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Part III
The President
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Executive Order 13499--Further Amendments to Executive Order 12835,
Establishment of the National Economic Council
Executive Order 13500--Further Amendments to Executive Order 12859,
Establishment of the Domestic Policy Council
Executive Order 13501--Establishment of the President's Economic
Recovery Advisory Board
Executive Order 13502--Use of Project Labor Agreements for Federal
Construction Projects
Presidential Documents
Federal Register / Vol. 74, No. 27 / Wednesday, February 11, 2009 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 6979]]
Executive Order 13499 of February 5, 2009
Further Amendments to Executive Order 12835,
Establishment of the National Economic Council
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Executive Order 12835 of January 25, 1993, as amended,
is further amended by:
(a) inserting ``(l) Secretary of Health and Human
Services; (m) Secretary of Education; (n) Senior
Advisor and Assistant to the President for
Intergovernmental Affairs and Public Liaison; (o)
Assistant to the President for Energy and Climate
Change; (p) Assistant to the President and Chief
Technology Officer; (q) Administrator of the Small
Business Administration'' after ``(k) Secretary of
Homeland Security;'' in section 2; and
(b) relettering the subsequent subsections in section 2
appropriately.
(Presidential Sig.)
THE WHITE HOUSE,
February 5, 2009.
[FR Doc. E9-3106
Filed 2-10-09; 1:00 pm]
Billing code 3195-W9-P
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