    [Public Papers of the Presidents of the United States: William J. Clinton (1997, Book I)]
    [June 5, 1997]
    [Pages 705-706]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Memorandum on Use of Project Labor Agreements for Federal Construction
    Projects
    June 5, 1997

    Memorandum for the Heads of Executive Departments and Agencies

    Subject: Use of Project Labor Agreements for Federal Construction
    Projects

        The National Performance Review and other executive branch
    initiatives have sought to implement rigorous performance standards,
    minimize costs, and eliminate wasteful and burdensome requirements. This
    Presidential memorandum continues those efforts, by encouraging
    departments and agencies in this Administration to consider project
    labor agreements as another tool, one with a long history in
    governmental contracting, to achieve economy and efficiency in Federal
    construction projects.
        Therefore, by the authority vested in me as President by the
    Constitution and the laws of the United States of America and to ensure
    the economical and efficient administration and completion of Federal
    Government construction projects, it is hereby directed as follows:
        Section 1. Executive departments or agencies during this
    Administration authorized to award a contract for the construction of a
    facility to be owned by a Federal department or agency may, on a
    project-by-project basis, use a project labor agreement on a large and
    significant project, (a) where a project labor agreement will advance
    the Government's procurement interest in cost, efficiency, and quality
    and in promoting labor-management stability as well as compliance with
    applicable legal requirements governing safety and health, equal
    employment opportunity, labor and employment standards, and other
    matters, and (b) where no laws applicable to the specific construction
    project preclude the use of the proposed project labor agreement.
        Section 2. If an executive department or agency during this
    Administration determines that use of a project labor agreement will
    serve the goals set forth in section 1(a) of this memorandum on a large
    and significant project, and that no law precludes the use of a project
    labor agreement on the project, the executive department or agency may
    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. The
    executive department or agency has discretion whether to include such a
    requirement.
        Section 3. Any project labor agreement reached pursuant to this
    memorandum:
           (a)  shall bind all contractors and subcontractors on the
                construction project through the inclusion of appropriate
                clauses in all relevant solicitation provisions and contract
                documents;
           (b)  shall allow all contractors and subcontractors wishing to
                compete for contracts and subcontracts on the project to do
                so, without discrimination against contractors,
                subcontractors, or employees based on union or nonunion
                status;
           (c)  shall contain guarantees against strikes, lockouts, and
                similar work disruptions;
           (d)  shall set forth effective, prompt and mutually binding
                procedures for resolving labor disputes arising during the
                project;
           (e)  shall provide other mechanisms for labor-management
                cooperation on matters of mutual interest and concern,
                including productivity, quality of work, safety, and health;
                and
           (f)  shall fully conform to all applicable statutes, regulations,
                and Executive orders.
        Section 4. This memorandum does not require an executive department
    or agency to use a project labor agreement on any project, nor does it
    preclude use of a project labor agreement in circumstances not covered
    here, including leasehold arrangements and federally funded

    [[Page 706]]

    projects. This memorandum also does not require contractors to enter
    into a project labor agreement with any particular labor organization.
        Section 5. The heads of executive departments or agencies covered by
    this memorandum, in consultation with the Federal Acquisition Regulatory
    Council, shall establish, within 120 days of the date of this
    memorandum, appropriate written procedures and criteria for the
    determinations set forth in section 1.
        Section 6. This memorandum is not intended to create any right or
    benefit, substantive or procedural, enforceable by a nonfederal party
    against the United States, its departments, agencies or
    instrumentalities, its officers or employees, or any other person.
        Section 7. (a) ``Construction'' as used in this memorandum shall
    have the same meaning it has in section 36.102 of the Federal
    Acquisition Regulation.
        (b) ``Executive department or agency'' as used in this memorandum
    means any Federal entity within the meaning of 40 U.S.C. 472(a).
        (c) ``Labor organization'' as used in this memorandum shall have the
    same meaning it has in 42 U.S.C. 2000e(d).
        (d) ``Large and significant project'' as used in this memorandum
    shall mean a Federal construction project with a total cost to the
    Federal Government of more than $5 million.
        Section 8. This memorandum shall be effective immediately, and shall
    apply to all solicitations issued after notice of establishment of the
    procedures and criteria required under section 5 of this memorandum.

                                                          William J. Clinton

    Note: This memorandum was released by the Office of the Press Secretary
    on June 6.