[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1692 Introduced in Senate (IS)]







104th CONGRESS
  2d Session
                                S. 1692

    To bar Federal agencies from procuring goods and services from 
                      employers of illegal aliens.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 1996

  Mr. Harkin introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    To bar Federal agencies from procuring goods and services from 
                      employers of illegal aliens.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Illegal Worker Prevention Act.''

SEC. 2. DEBARMENT OF FEDERAL CONTRACTORS NOT IN COMPLIANCE WITH 
              IMMIGRATION AND NATIONALITY ACT EMPLOYMENT PROVISIONS.

    (a) Policy.--It is the policy of the United States that--
            (1) the heads of executive agencies in procuring goods and 
        services should not contract with an employer that has not 
        complied with paragraphs (1)(A) and (2) of section 274A(a) of 
        the Immigration and Nationality Act (8 U.S.C. 1324a(a)) 
        (hereafter in this section referred to as the ``INA employment 
        provisions''), which prohibit unlawful employment of aliens; 
        and
            (2) the Attorney General should fully and aggressively 
        enforce the antidiscrimination provisions of the Immigration 
        and Nationality Act.
    (b) Enforcement.--
            (1) Authority.--
                    (A) In general.-- Using the procedures established 
                pursuant to section 274A(e) of the Immigration and 
                Nationality Act (8 U.S.C. 1324a(e)), the Attorney 
                General may conduct such investigations as are 
                necessary to determine whether a contractor or an 
                organizational unit of a contractor is not complying 
                with the INA employment provisions.
                    (B) Complaints and hearings.--The Attorney 
                General--
                            (i) shall receive and may investigate any 
                        complaint by an employee of any such entity 
                        that alleges noncompliance by such entity with 
                        the INA employment provisions; and
                            (ii) in conducting the investigation, shall 
                        hold such hearings as are necessary to 
                        determine whether that entity is not in 
                        compliance with the INA employment provisions.
            (2) Actions on determinations of noncompliance.--
                    (A) Attorney general.--Whenever the Attorney 
                General determines that a contractor or an 
                organizational unit of a contractor is not in 
                compliance with the INA employment provisions, the 
                Attorney General shall transmit that determination to 
                the head of each executive agency that contracts with 
                the contractor and the heads of other executive 
                agencies that the Attorney General determines it 
                appropriate to notify.
                    (B) Head of contracting agency.--Upon receipt of 
                the determination, the head of a contracting executive 
                agency shall consider the contractor or an 
                organizational unit of the contractor for debarment, 
                and shall take such other action as may be appropriate, 
                in accordance with applicable procedures and standards 
                set forth in the Federal Acquisition Regulation.
                    (C) Nonreviewability of determination.--The 
                Attorney General's determination is not reviewable in 
                debarment proceedings.
    (c) Debarment.--
            (1) Authority.--The head of an executive agency may debar a 
        contractor or an organizational unit of a contractor on the 
        basis of a determination of the Attorney General that it is not 
        in compliance with the INA employment provisions.
            (2) Scope.--The scope of the debarment generally should be 
        limited to those organizational units of a contractor that the 
        Attorney General determines are not in compliance with the INA 
        employment provisions.
            (3) Period.--The period of a debarment under this 
        subsection shall be one year, except that the head of the 
        executive agency may extend the debarment for additional 
        periods of one year each if, using the procedures established 
        pursuant to section 274A(e) of the Immigration and Nationality 
        Act (8 U.S.C. 1324a(e)), the Attorney General determines that 
        the organizational unit of the contractor concerned continues 
        not to comply with the INA employment provisions.
            (4) Listing.--The Administrator of General Services shall 
        list each debarred contractor and each debarred organizational 
        unit of a contractor on the List of Parties Excluded from 
        Federal Procurement and Nonprocurement Programs that is 
        maintained by the Administrator. No debarred contractor and no 
debarred organizational unit of a contractor shall be eligible to 
participate in any procurement, nor in any nonprocurement activities, 
of the Federal Government.
    (d) Regulations and Orders.--
            (1) Attorney general.--
                    (A) Authority.--The Attorney General may prescribe 
                such regulations and issue such orders as the Attorney 
                General considers necessary to carry out the 
                responsibilities of the Attorney General under this 
                section.
                    (B) Consultation.--In proposing regulations or 
                orders that affect the executive agencies, the Attorney 
                General shall consult 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 any other 
                executive agencies that the Attorney General considers 
                appropriate.
            (2) Federal acquisition regulation.--The Federal 
        Acquisition Regulatory Council shall amend the Federal 
        Acquisition Regulation to the extent necessary to provide for 
        implementation of the debarment responsibility and other 
        related responsibilities assigned to heads of executive 
        agencies under this section.
    (e) Interagency Cooperation.--The head of each executive agency 
shall cooperate with, and provide such information and assistance to, 
the Attorney General as is necessary for the Attorney General to 
perform the duties of the Attorney General under this section.
    (f) Delegation.--The Attorney General, the Secretary of Defense, 
the Administrator of General Services, the Administrator of the 
National Aeronautics and Space Administration, and the head of any 
other executive agency may delegate the performance of any of the 
functions or duties of that official under this section to any officer 
or employee of the executive agency under the jurisdiction of that 
official.
    (g) Implementation Not To Burden Procurement Process Excessively.--
This section shall be implemented in a manner that least burdens the 
procurement process of the Federal Government.
    (h) Construction.--
            (1) Antidiscrimination.--Nothing in this section relieves 
        employers of the obligation to avoid unfair immigration-related 
        employment practices as required by--
                    (A) the antidiscrimination provisions of section 
                274B of the Immigration and Nationality Act (8 U.S.C. 
                1324b), including the provisions of subsection (a)(6) 
                of that section concerning the treatment of certain 
                documentary practices as unfair immigration-related 
                employment practices; and
                    (B) all other antidiscrimination requirements of 
                applicable law.
            (2) Contract terms.--This section neither authorizes nor 
        requires any additional certification provision, clause, or 
        requirement to be included in any contract or contract 
        solicitation.
            (3) No new rights and benefits.--This section may not be 
        construed to create any right or benefit, substantive or 
        procedural, enforceable at law by a party against the United 
        States, including any department or agency, officer, or 
        employee of the United States.
            (4) Judicial review.--This section does not preclude 
        judicial review of a final agency decision in accordance with 
        chapter 7 of title 5, United States Code.
    (i) Definitions.--In this section:
            (1) Executive agency.--The term ``executive agency'' has 
        the meaning given that term in section 4 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 403).
            (2) Contractor.--The term ``contractor'' means any 
        individual or other legal entity that--
                    (A) directly or indirectly (through an affiliate or 
                otherwise), submits offers for or is awarded, or 
                reasonably may be expected to submit offers for or be 
                awarded, a Federal Government contract, including a 
                contract for carriage under Federal Government or 
                commercial bills of lading, or a subcontract under a 
                Federal Government contract; or
                    (B) conducts business, or reasonably may be 
                expected to conduct business, with the Federal 
                Government as an agent or representative of another 
                contractor.
                                 <all>