EXECUTIVE
ORDER
EO 12989
Effective Date: February 13, 1996

Responsible Office: Office of Procurement
Subject: ECONOMY AND EFFICIENCY IN GOVERNMENT PROCUREMENT THROUGH COMPLIANCE WITH CERTAIN IMMIGRATION AND NATURALIZATION ACT PROVISIONS

				TEXT

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
     (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 a 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.

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.

                         /s/William J. Clinton


THE WHITE HOUSE,
February 13, 1996.

			

Back to Main Menu