II

104TH CONGRESS

2D SESSION S. 1692

To bar Federal agencies from procuring goods and services from employers

of illegal aliens.

IN THE SENATE OF THE UNITED STATES

APRIL 22, 1996

Mr. HARKIN introduced the following bill; which was read twice and referred

to the Committee on Governmental Affairs

A BILL

To bar Federal agencies from procuring goods and services

from employers of illegal aliens.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Illegal Worker Preven5 tion Act.’’

6 SEC. 2. DEBARMENT OF FEDERAL CONTRACTORS NOT IN

7 COMPLIANCE WITH IMMIGRATION AND NA8 TIONALITY ACT EMPLOYMENT PROVISIONS.

9 (a) POLICY.—It is the policy of the United States

10 that—
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1 (1) the heads of executive agencies in procuring

2 goods and services should not contract with an em3 ployer that has not complied with paragraphs (1)(A)

4 and (2) of section 274A(a) of the Immigration and

5 Nationality Act (8 U.S.C. 1324a(a)) (hereafter in

6 this section referred to as the ‘‘INA employment

7 provisions’’), which prohibit unlawful employment of

8 aliens; and

9 (2) the Attorney General should fully and ag10 gressively enforce the antidiscrimination provisions

11 of the Immigration and Nationality Act.

12 (b) ENFORCEMENT.—

13 (1) AUTHORITY.—

14 (A) IN GENERAL.— Using the procedures

15 established pursuant to section 274A(e) of the

16 Immigration and Nationality Act (8 U.S.C.

17 1324a(e)), the Attorney General may conduct

18 such investigations as are necessary to deter19 mine whether a contractor or an organizational

20 unit of a contractor is not complying with the

21 INA employment provisions.

22 (B) COMPLAINTS AND HEARINGS.—The

23 Attorney General—

24 (i) shall receive and may investigate

25 any complaint by an employee of any such
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1 entity that alleges noncompliance by such

2 entity with the INA employment provi3 sions; and

4 (ii) in conducting the investigation,

5 shall hold such hearings as are necessary

6 to determine whether that entity is not in

7 compliance with the INA employment pro8 visions.

9 (2) ACTIONS ON DETERMINATIONS OF NON10 COMPLIANCE.—

11 (A) ATTORNEY GENERAL.—Whenever the

12 Attorney General determines that a contractor

13 or an organizational unit of a contractor is not

14 in compliance with the INA employment provi15 sions, the Attorney General shall transmit that

16 determination to the head of each executive

17 agency that contracts with the contractor and

18 the heads of other executive agencies that the

19 Attorney General determines it appropriate to

20 notify.

21 (B) HEAD OF CONTRACTING AGENCY.—

22 Upon receipt of the determination, the head of

23 a contracting executive agency shall consider

24 the contractor or an organizational unit of the

25 contractor for debarment, and shall take such
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1 other action as may be appropriate, in accord2 ance with applicable procedures and standards

3 set forth in the Federal Acquisition Regulation.

4 (C) NONREVIEWABILITY OF DETERMINA5 TION.—The Attorney General’s determination is

6 not reviewable in debarment proceedings.

7 (c) DEBARMENT.—

8 (1) AUTHORITY.—The head of an executive

9 agency may debar a contractor or an organizational

10 unit of a contractor on the basis of a determination

11 of the Attorney General that it is not in compliance

12 with the INA employment provisions.

13 (2) SCOPE.—The scope of the debarment gen14 erally should be limited to those organizational units

15 of a contractor that the Attorney General determines

16 are not in compliance with the INA employment pro17 visions.

18 (3) PERIOD.—The period of a debarment under

19 this subsection shall be one year, except that the

20 head of the executive agency may extend the debar21 ment for additional periods of one year each if,

22 using the procedures established pursuant to section

23 274A(e) of the Immigration and Nationality Act (8

24 U.S.C. 1324a(e)), the Attorney General determines

25 that the organizational unit of the contractor con-
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1 cerned continues not to comply with the INA em2 ployment provisions.

3 (4) LISTING.—The Administrator of General

4 Services shall list each debarred contractor and each

5 debarred organizational unit of a contractor on the

6 List of Parties Excluded from Federal Procurement

7 and Nonprocurement Programs that is maintained

8 by the Administrator. No debarred contractor and

9 no debarred organizational unit of a contractor shall

10 be eligible to participate in any procurement, nor in

11 any nonprocurement activities, of the Federal Gov12 ernment.

13 (d) REGULATIONS AND ORDERS.—

14 (1) ATTORNEY GENERAL.—

15 (A) AUTHORITY.—The Attorney General

16 may prescribe such regulations and issue such

17 orders as the Attorney General considers nec18 essary to carry out the responsibilities of the

19 Attorney General under this section.

20 (B) CONSULTATION.—In proposing regula21 tions or orders that affect the executive agen22 cies, the Attorney General shall consult with the

23 Secretary of Defense, the Secretary of Labor,

24 the Administrator of General Services, the Ad25 ministrator of the National Aeronautics and
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1 Space Administration, the Administrator for

2 Federal Procurement Policy, and the heads of

3 any other executive agencies that the Attorney

4 General considers appropriate.

5 (2) FEDERAL ACQUISITION REGULATION.—The

6 Federal Acquisition Regulatory Council shall amend

7 the Federal Acquisition Regulation to the extent

8 necessary to provide for implementation of the de9 barment responsibility and other related responsibil10 ities assigned to heads of executive agencies under

11 this section.

12 (e) INTERAGENCY COOPERATION.—The head of each

13 executive agency shall cooperate with, and provide such

14 information and assistance to, the Attorney General as is

15 necessary for the Attorney General to perform the duties

16 of the Attorney General under this section.

17 (f) DELEGATION.—The Attorney General, the Sec18 retary of Defense, the Administrator of General Services,

19 the Administrator of the National Aeronautics and Space

20 Administration, and the head of any other executive agen21 cy may delegate the performance of any of the functions

22 or duties of that official under this section to any officer

23 or employee of the executive agency under the jurisdiction

24 of that official.
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1 (g) IMPLEMENTATION NOT TO BURDEN PROCURE2 MENT PROCESS EXCESSIVELY.—This section shall be im3 plemented in a manner that least burdens the procure4 ment process of the Federal Government.

5 (h) CONSTRUCTION.—

6 (1) ANTIDISCRIMINATION.—Nothing in this sec7 tion relieves employers of the obligation to avoid un8 fair immigration-related employment practices as re9 quired by—

10 (A) the antidiscrimination provisions of

11 section 274B of the Immigration and National12 ity Act (8 U.S.C. 1324b), including the provi13 sions of subsection (a)(6) of that section con14 cerning the treatment of certain documentary

15 practices as unfair immigration-related employ16 ment practices; and

17 (B) all other antidiscrimination require18 ments of applicable law.

19 (2) CONTRACT TERMS.—This section neither

20 authorizes nor requires any additional certification

21 provision, clause, or requirement to be included in

22 any contract or contract solicitation.

23 (3) NO NEW RIGHTS AND BENEFITS.—This sec24 tion may not be construed to create any right or

25 benefit, substantive or procedural, enforceable at law
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1 by a party against the United States, including any

2 department or agency, officer, or employee of the

3 United States.

4 (4) JUDICIAL REVIEW.—This section does not

5 preclude judicial review of a final agency decision in

6 accordance with chapter 7 of title 5, United States

7 Code.

8 (i) DEFINITIONS.—In this section:

9 (1) EXECUTIVE AGENCY.—The term ‘‘executive

10 agency’’ has the meaning given that term in section

11 4 of the Office of Federal Procurement Policy Act

12 (41 U.S.C. 403).

13 (2) CONTRACTOR.—The term ‘‘contractor’’

14 means any individual or other legal entity that—

15 (A) directly or indirectly (through an affili16 ate or otherwise), submits offers for or is

17 awarded, or reasonably may be expected to sub18 mit offers for or be awarded, a Federal Govern19 ment contract, including a contract for carriage

20 under Federal Government or commercial bills

21 of lading, or a subcontract under a Federal

22 Government contract; or

23 (B) conducts business, or reasonably may

24 be expected to conduct business, with the Fed-
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1 eral Government as an agent or representative

2 of another contractor.

Æ