[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2281 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2281
To require all Federal contractors and grantees to enroll in, and
maintain compliance with, the E-Verify Program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2021
Mr. Lankford introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To require all Federal contractors and grantees to enroll in, and
maintain compliance with, the E-Verify Program.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLES.
This Act may be cited as the ``Secure and Fair Employment in
federal Contracting Act'' or the ``SAFE Contracting Act''.
SEC. 2. DEFINITIONS.
(a) In General.--Subchapter I of chapter 1 of subtitle I of title
41, United States Code, is amended--
(1) by inserting after section 105 the following:
``Sec. 105A. E-Verify Program
``The term `E-Verify Program' means the program described in
section 403(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note).''; and
(2) in section 113--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) in paragraph (7), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(8) is enrolled in, and maintains compliance with all
statutes, regulations, and policies regarding, the E-Verify
Program.''.
(b) Clerical Amendment.--The chapter analysis for chapter 1 of
subtitle I of title 41, United States Code, is amended by inserting
after the item relating to section 105 the following:
``105A. E-Verify Program.''.
SEC. 3. CONTRACTORS AND SUBCONTRACTORS.
Section 1121(c) of title 41, United States Code, is amended by
adding at the end the following:
``(4) E-verify enrollment and compliance.--
``(A) Contractors.--Executive agencies shall
certify a contractor's enrollment in, and compliance
with all statutes, regulations, and policies regarding,
the E-Verify Program.
``(B) Subcontractors.--Not later than 90 days after
the date of the enactment of this paragraph, the
Administrator shall issue a regulation establishing
procedures for ensuring that all subcontractors on a
Federal contract enroll in, and maintain compliance
with all statutes, regulations, and policies regarding,
the E-Verify Program before receiving an award as a
subcontractor on a Federal contract.''.
SEC. 4. E-VERIFY COMPLIANCE REQUIREMENT.
Section 1125 of title 41, United States Code, is amended by adding
at the end the following:
``(c) E-Verify Compliance.--
``(1) In general.--An entity may not receive a Federal
grant or Federal assistance unless the entity certifies to the
Administrator that the entity has enrolled in, and maintained
compliance with all statutes, regulations, and policies
regarding, the E-Verify Program.
``(2) Subcontractors.--Any entity that contracts with a
recipient of a Federal grant or Federal assistance, and any
entity that serves as a subcontractor to any such entity shall
be enrolled in, and maintain compliance with all statutes,
regulations, and policies regarding, the E-Verify Program.
``(3) Noncompliance.--Any entity described in paragraph (1)
or (2) that does not enroll in, or maintain compliance with,
the E-Verify Program shall be barred from receiving any Federal
grant or Federal assistance, or otherwise qualifying for a
Federal contract or serving as a subcontractor on a Federal
contract until such entity restores and maintains compliance
with all statutes, regulations, and policy guidance regarding
the E-Verify Program.''.
SEC. 5. CONSIDERATION OF CONTRACTOR PAST PERFORMANCE.
Section 1126 of title 41, United States Code, is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (A), by striking ``and'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) all offerors certify enrollment in, and
compliance with all statutes, regulations, and policies
regarding, the E-Verify Program before being considered
as an offeror.''; and
(2) by adding at the end the following:
``(c) E-Verify Enrollment.--
``(1) In general.--All past contract performance of an
offeror may not be evaluated unless, at the commencement of the
evaluation, the offeror includes certification of enrollment
in, and compliance with all statutes, regulations, and policies
regarding, the E-Verify Program.
``(2) No past contract performance.--If there is no past
contract performance available, the offeror shall be evaluated
unfavorably unless the offeror provides certification of
enrollment in, and compliance with all statutes, regulations,
and policies regarding, the E-Verify Program.
``(3) Safe harbor.--No offeror shall be penalized for
nonenrollment or noncompliance in the E-Verify Program that
occurred before the date of the enactment of this
subsection.''.
SEC. 6. ANNUAL REPORT.
Section 1131 of title 41, United States Code, is amended by adding
at the end the following: ``The Administrator shall include in such
assessment information regarding the compliance or noncompliance of
executive agencies in awarding contracts, grants, and assistance to
entities that are enrolled in, and maintain compliance with all
statutes, regulations, and policies regarding, the E-Verify Program.''.
SEC. 7. IMPLEMENTATION.
(a) In General.--Except as provided in subsection (b), not later
than 180 days after the date of the enactment of this Act, the
Administrator of the Office of Federal Procurement Policy shall develop
and implement all regulations, policies, and procedures necessary to
implement the amendments made by this Act.
(b) Limitations on Regulations, Policies, and Procedures.--
Regulations, policies, and procedures issued pursuant to subsection (a)
may not reduce or limit, or authorize waivers for, any of the
requirements under the amendments made by this Act.
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