[Federal Register Volume 61, Number 32 (Thursday, February 15, 1996)]
[Presidential Documents]
[Pages 6091-6093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3646]



      

[[Page 6089]]

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Part IV





The President





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Executive Order 12989--Economy and Efficiency in Government Procurement 
Through Compliance With Certain Immigration and Naturalization Act 
Provisions
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                         Presidential Documents 
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  Federal Register / Vol. 61, No. 32 / Thursday, February 15, 1996 / 
Presidential Documents  

 ___________________________________________________________________

 Title 3--
 The President

[[Page 6091]]

                Executive Order 12989 of February 13, 1996

                
Economy and Efficiency in Government Procurement 
                Through Compliance With Certain Immigration and
                Naturalization Act Provisions

                This order is designed to promote economy and 
                efficiency in Government procurement. Stability and 
                dependability are important elements of economy and 
                efficiency. A contractor whose work force is less 
                stable will be less likely to produce goods and 
                services economically and efficiently than a contractor 
                whose work force is more stable. It remains the policy 
                of this Administration to enforce the immigration laws 
                to the fullest extent, including the detection and 
                deportation of illegal aliens. In these circumstances, 
                contractors cannot rely on the continuing availability 
                and service of illegal aliens, and contractors that 
                choose to employ unauthorized aliens inevitably will 
                have a less stable and less dependable work force than 
                contractors that do not employ such persons. Because of 
                this Administration's vigorous enforcement policy, 
                contractors that employ unauthorized alien workers are 
                necessarily less stable and dependable procurement 
                sources than contractors that do not hire such persons. 
                I find, therefore, that adherence to the general policy 
                of not contracting with providers that knowingly employ 
                unauthorized alien workers will promote economy and 
                efficiency in Federal procurement.

                NOW, THEREFORE, to ensure the economical and efficient 
                administration and completion of Federal Government 
                contracts, and by the authority vested in me as 
                President by the Constitution and the laws of the 
                United States of America, including 40 U.S.C. 486(a) 
                and 3 U.S.C. 301, it is hereby ordered as follows:

                Section 1. (a) It is the policy of the executive branch 
                in procuring goods and services that, to ensure the 
                economical and efficient administration and completion 
                of Federal Government contracts, contracting agencies 
                should not contract with employers that have not 
                complied with section 274A(a)(1)(A) and 274A(a)(2) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1324a(a)(1)(A), 1324a(a)(2)) (the ``INA employment 
                provisions'') prohibiting the unlawful employment of 
                aliens. All discretion under this Executive order shall 
                be exercised consistent with this policy.

                    (b) It remains the policy of this Administration to 
                fully and aggressively enforce the antidiscrimination 
                provisions of the Immigration and Nationality Act to 
                the fullest extent. Nothing in this order relieves 
                employers from their obligation to avoid unfair 
                immigration-related employment practices as required by 
                the antidiscrimination provisions of section 1324(b) of 
                the INA (8 U.S.C. 1324b) and all other 
                antidiscrimination requirements of applicable law, 
                including the requirements of 8 U.S.C. 1324b(a)(6) 
                concerning the treatment of certain documentary 
                practices as unfair immigration-related employment 
                practices.

                Sec. 2. Contractor, as used in this Executive order, 
                shall have the same meaning as defined in subpart 9.4 
                of the Federal Acquisition Regulation.

                Sec. 3. Using the procedures established pursuant to 8 
                U.S.C. 1324a(e), the Attorney General: (a) may 
                investigate to determine whether a contractor or an 
                organizational unit thereof is not in compliance with 
                the INA employment provisions;

                    (b) shall receive and may investigate complaints by 
                employees of any entity covered under section 3(a) of 
                this order where such complaints allege noncompliance 
                with the INA employment provisions; and 
                
[[Page 6092]]

                    (c) shall hold such hearings as are required under 
                8 U.S.C. 1324a(e) to determine whether an entity 
                covered under section 3(a) is not in compliance with 
                the INA employment provisions.

                Sec. 4. (a) Whenever the Attorney General determines 
                that a contractor or an organizational unit thereof is 
                not in compliance with the INA employment provisions, 
                the Attorney General shall transmit that determination 
                to the appropriate contracting agency and such other 
                Federal agencies as the Attorney General may determine. 
                Upon receipt of such determination from the Attorney 
                General, the head of the appropriate contracting agency 
                shall consider the contractor or an organizational unit 
                thereof for debarment as well as for such other action 
                as may be appropriate in accordance with the procedures 
                and standards prescribed by the Federal Acquisition 
                Regulation.

                    (b) The head of the contracting agency may debar 
                the contractor or an organizational unit thereof based 
                on the determination of the Attorney General that it is 
                not in compliance with the INA employment provisions. 
                The Attorney General's determination shall not be 
                reviewable in the debarment proceedings.
                    (c) The scope of the debarment generally should be 
                limited to those organizational units of a Federal 
                contractor that the Attorney General finds are not in 
                compliance with the INA employment provisions.
                    (d) The period of the debarment shall be for 1 year 
                and may be extended for additional periods of 1 year 
                if, using the procedures established pursuant to 8 
                U.S.C. 1324a(e), the Attorney General determines that 
                the organizational unit of the Federal contractor 
                continues to be in violation of the INA employment 
                provisions.
                    (e) The Administrator of General Services shall 
                list a debarred contractor or an organizational unit 
                thereof on the List of Parties Excluded from Federal 
                Procurement and Nonprocurement Programs and the 
                contractor or an organizational unit thereof shall be 
                ineligible to participate in any procurement or 
                nonprocurement activities.

                Sec. 5. (a) The Attorney General shall be responsible 
                for the administration and enforcement of this order, 
                except for the debarment procedures. The Attorney 
                General may adopt such additional rules and regulations 
                and issue such orders as may be deemed necessary and 
                appropriate to carry out the responsibilities of the 
                Attorney General under this order. If the Attorney 
                General proposes to issue rules, regulations, or orders 
                that affect the contracting departments and 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 such other agencies 
                as may be appropriate.

                    (b) 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 and other related responsibilities 
                assigned to heads of contracting departments and 
                agencies under this order.

                Sec. 6. Each contracting department and agency shall 
                cooperate with and provide such information and 
                assistance to the Attorney General as may be required 
                in the performance of the Attorney General's functions 
                under this order.

                Sec. 7. The Attorney General, the Secretary of Defense, 
                the Administrator of General Services, the 
                Administrator of the National Aeronautics and Space 
                Administration, and the heads of contracting 
                departments and agencies may delegate any of their 
                functions or duties under this order to any officer or 
                employee of their respective agencies. 
                
[[Page 6093]]


                Sec. 8. This order shall be implemented in a manner 
                intended to least burden the procurement process. This 
                order neither authorizes nor requires any additional 
                certification provision, clause, or requirement to be 
                included in any contract or contract solicitation.

                Sec. 9. This order is not intended, and should not be 
                construed, to create any right or benefit, substantive 
                or procedural, enforceable at law by a party against 
                the United States, its agencies, its officers, or its 
                employees. This order is not intended, however, to 
                preclude judicial review of final agency decisions in 
                accordance with the Administrative Procedure Act, 5 
                U.S.C. 701 et seq.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    February 13, 1996.

[FR Doc. 96-3646
Filed 2-14-96; 8:45 am]
Billing code 3195-01-P