[Weekly Compilation of Presidential Documents Volume 37, Number 8 (Monday, February 26, 2001)]
[Pages 309-311]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13202--Preservation of Open Competition and Government 
Neutrality Towards Government Contractors' Labor Relations on Federal 
and Federally Funded Construction Projects

February 17, 2001

    By the authority vested in me as President by the Constitution and 
laws of the United States of America, including the Federal

[[Page 310]]

Property and Administrative Services Act, 40 U.S.C. 471 et seq., and in 
order to (1) promote and ensure open competition on Federal and 
federally funded or assisted construction projects; (2) maintain 
Government neutrality towards Government contractors' labor relations on 
Federal and federally funded or assisted construction projects; (3) 
reduce construction costs to the Federal Government and to the 
taxpayers; (4) expand job opportunities, especially for small and 
disadvantaged businesses; and (5) prevent discrimination against 
Government contractors or their employees based upon labor affiliation 
or lack thereof; thereby promoting the economical, nondiscriminatory, 
and efficient administration and completion of Federal and federally 
funded or assisted construction projects, it is hereby ordered that:
    Section 1. To the extent permitted by law, any executive agency 
awarding any construction contract after the date of this order, or 
obligating funds pursuant to such a contract, shall ensure that neither 
the awarding Government authority nor any construction manager acting on 
behalf of the Government shall, in its bid specifications, project 
agreements, or other controlling documents:
    (a) Require or prohibit bidders, offerors, contractors, or 
subcontractors to enter into or adhere to agreements with one or more 
labor organizations, on the same or other related construction 
project(s); or
    (b) Otherwise discriminate against bidders, offerors, contractors, 
or subcontractors for becoming or refusing to become or remain 
signatories or otherwise to adhere to agreements with one or more labor 
organizations, on the same or other related construction project(s).
    (c) Nothing in this section shall prohibit contractors or 
subcontractors from voluntarily entering into agreements described in 
subsection (a).
    Sec. 2. Contracts awarded before the date of this order, and 
subcontracts awarded pursuant to such contracts, whenever awarded, shall 
not be governed by this order.
    Sec. 3. To the extent permitted by law, any executive agency issuing 
grants, providing financial assistance, or entering into cooperative 
agreements for construction projects, shall ensure that neither the bid 
specifications, project agreements, nor other controlling documents for 
construction contracts awarded after the date of this order by 
recipients of grants or financial assistance or by parties to 
cooperative agreements, nor those of any construction manager acting on 
their behalf, shall contain any of the requirements or prohibitions set 
forth in section 1(a) or (b) of this order.
    Sec. 4. In the event that an awarding authority, a recipient of 
grants or financial assistance, a party to a cooperative agreement, or a 
construction manager acting on behalf of the foregoing, performs in a 
manner contrary to the provisions of sections 1 or 3 of this order, the 
executive agency awarding the contract, grant, or assistance shall take 
such action, consistent with law and regulation, as the agency 
determines may be appropriate.
    Sec. 5. (a) The head of an executive agency may exempt a particular 
project, contract, subcontract, grant, or cooperative agreement from the 
requirements of any or all of the provisions of sections 1 and 3 of this 
order, if the agency head finds that special circumstances require an 
exemption in order to avert an imminent threat to public health or 
safety or to serve the national security.
    (b) A finding of ``special circumstances'' under section 5(a) may 
not be based on the possibility or presence of a labor dispute 
concerning the use of contractors or subcontractors who are 
nonsignatories to, or otherwise do not adhere to, agreements with one or 
more labor organizations, or concerning employees on the project who are 
not members of or affiliated with a labor organization.
    Sec. 6. (a) The term ``construction contract'' as used in this order 
means any contract for the construction, rehabilitation, alteration, 
conversion, extension, or repair of buildings, highways, or other 
improvements to real property.
    (b) The term ``executive agency'' as used in this order shall have 
the same meaning it has in 5 U.S.C. 105, excluding the General 
Accounting Office.
    (c) The term ``labor organization'' as used in this order shall have 
the same meaning it has in 42 U.S.C. 2000e(d).
    Sec. 7. With respect to Federal contracts, within 60 days of the 
issuance of this order, the Federal Acquisition Regulatory Council

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shall take whatever action is required to amend the Federal Acquisition 
Regulation in order to implement the provisions of this order.
    Sec. 8. As it relates to project agreements, Executive Order 12836 
of February 1, 1993, which, among other things, revoked Executive Order 
12818 of October 23, 1992, is revoked.
    Sec. 9. The Presidential Memorandum of June 5, 1997, entitled ``Use 
of Project Labor Agreements for Federal Construction Projects'' (the 
``Memorandum''), is also revoked.
    Sec. 10. The heads of executive departments and agencies shall 
revoke expeditiously any orders, rules, regulations, guidelines, or 
policies implementing or enforcing the Memorandum or Executive Order 
12836 of February 1, 1993, as it relates to project agreements, to the 
extent consistent with law.
    Sec. 11. This order is intended only to improve the internal 
management of the executive branch and is not intended to, nor does it, 
create any right to administrative or judicial review, or any right, 
whether substantive or procedural, enforce able by any party against the 
United States, its agencies or instrumentalities, its officers or 
employees, or any other person.
                                                George W. Bush
The White House,
February 17, 2001.

[Filed with the Office of the Federal Register, 11:16 a.m., February 21, 
2001]

Note: This Executive order was published in the Federal Register on 
February 22.