Weekly Compilation of Presidential Documents Volume 32 Issue 7 (Monday, February 19, 1996)

[Weekly Compilation of Presidential Documents Volume 32, Number 7 (Monday, February 19, 1996)]
[Pages 281-283]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 12989--Economy and Efficiency in Government Procurement
Through Compliance With Certain Immigration and Naturalization Act
Provisions

February 13, 1996

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'') prohibit-

[[Page 282]]

ing 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
(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

[[Page 283]]

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.
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.
William J. Clinton
The White House,
February 13, 1996.

[Filed with the Office of the Federal Register, 8:45 a.m., February 14,
1996]

Note: This Executive order was published in the Federal Register on
February 15.