Focus

As one of its final acts before leaving office, the Bush administration issued an Executive Order Nov. 14, 2008, mandating the use of the E-Verify program for federal contracts.

Taking effect Jan. 15, the rule requires contractors working on federal projects to confirm the employment status of all employees—new and existing—who work on federal projects.

The Executive Order specifically directs the U.S. Department of Defense, General Services Administration and NASA to implement the policy. Federal agencies are to insert a clause into federal contracts committing government contractors to use the E-Verify program. The clause must be included in all prime federal contracts above the simplified acquisition threshold ($100,000) and subcontracts of more than $3,000 for services or construction.

Exceptions to the rule include work that is for commercially available off-the-shelf items, items that would be commercially off-the-shelf but are for minor modifications, prime contracts with terms less than 120 days, employees who hold active security clearance and certain administrative staff.

Although there has been speculation that President-elect Obama could overturn the rule, the scenario seems unlikely given the rule's popularity with Congress. Right now, it is unclear what the new Congress and incoming administration will do in the long-term.

Duane Musser, NRCA's vice president of government relations, says: "NRCA believes the final rule mandating the use of E-Verify for federal contractors could result in serious work force disruptions and additional costs for many roofing contractors. NRCA also believes the rule goes beyond the intent of Congress, which recently reauthorized the E-Verify program on a voluntary basis. NRCA is working with other business groups to explore options on this issue, and litigation may be the best strategy for blocking the rule's implementation."

To learn more about the rule or to read it in its entirety, log on to www.nrca.net. Detailed information also is available at www.uscis.gov.

Ambika Puniani Bailey is editor of Professional Roofing and NRCA's senior director of communications.