[Federal Register Volume 61, Number 32 (Thursday, February 15, 1996)]
[Presidential Documents]
[Pages 6091-6093]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 96-3646]
[[Page 6089]]
_______________________________________________________________________
Part IV
The President
_______________________________________________________________________
Executive Order 12989--Economy and Efficiency in Government Procurement
Through Compliance With Certain Immigration and Naturalization Act
Provisions
                        Presidential Documents
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