Economy and Efficiency in Government Procurement Through Compliance With Certain Immigration and Naturalization Act Provisions

This executive order directs federal contracting agencies to avoid doing business with contractors that knowingly employ unauthorized workers, and establishes a debarment process where the Attorney General can investigate and recommend exclusion of non-compliant contractors from federal procurement for one-year periods. It mandates amendments to the Federal Acquisition Regulation to implement these procedures while explicitly prohibiting additional contract certification requirements.

Federal Register Open PDF 61 FR 6091

Impact dates

May 13, 1996
FAR amendments by Secretary of Defense, GSA Administrator, and NASA Administrator
May 13, 1996
Attorney General may adopt additional rules and regulations for EO administration

Key directives

Contracting agencies shall not contract with employers not complying with INA sections 274A(a)(1)(A) and 274A(a)(2) (8 U.S.C. 1324a)
Attorney General shall investigate contractor compliance using 8 U.S.C. 1324a(e) procedures
Attorney General shall transmit non-compliance determinations to contracting agencies for debarment consideration
Contracting agency heads may debar contractors based on Attorney General determination; determination not reviewable in debarment proceedings
Debarment period shall be 1 year, extendable for additional 1-year periods upon continued violation finding
GSA Administrator shall list debarred contractors on excluded parties list
Secretary of Defense, GSA Administrator, and NASA Administrator shall amend FAR to implement debarment responsibilities
Attorney General shall consult with specified agencies before issuing rules affecting contracting departments
No additional certification provisions or clauses to be added to contracts or solicitations

Who is ordered

Timeline

Immediate

EO takes effect upon signing; policy declaration active
contracting agencies directed not to contract with non-compliant employers

Near term (90d)

FAR amendments required from Secretary of Defense, GSA Administrator, and NASA Administrator
Attorney General may adopt rules and regulations for administration/enforcement

Long term

ongoing debarment proceedings and Attorney General investigations
potential successive one-year debarment extensions for continued violations
institutionalized compliance monitoring in federal procurement process

Risks & tensions

Attorney General determination is non-reviewable in debarment proceedings—raises due process concerns
'Least burden' implementation mandate (Section 8) may conflict with effective enforcement
Vague scope: 'organizational unit thereof' allows targeted debarment but creates boundary uncertainty
No judicial review for parties under Section 9, yet final agency decisions remain reviewable under APA—tension in enforceability
Anti-discrimination safeguard (Section 1(b)) attempts to prevent document abuse but may be undermined by enforcement pressure