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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5309 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5309
To require all Federal contractors and subcontractors to enroll in, and
maintain compliance with, the E-Verify Program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 13, 2024
Mr. Lankford (for himself and Ms. Sinema) 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 subcontractors 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. E-VERIFY COMPLIANCE REQUIREMENT.
(a) In General.--Chapter 47 of title 41, United States Code, is
amended by adding at the end the following:
``Sec. 4715. E-Verify compliance requirement
``(a) Definitions.--
``(1) Entity.--The term `entity' means any organization
seeking to provide goods or services to the United States
Government, including any parent company, subsidiary, or
affiliate of such organization.
``(2) 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).
``(3) Executive agency.--The term `executive agency'
means--
``(A) an Executive department, a military
department, or an independent establishment (as such
terms are defined in sections 101, 102, and 104(1) of
title 5, United States Code); and
``(B) any wholly owned Government corporation (as
defined in section 9101(3) of title 31, United States
Code).
``(b) Contractor Certification.--Each entity submitting a bid or
proposal for a contract with an executive agency shall include, in such
bid or proposal, a certification that such entity, and each
subcontractor such entity will use to carry out its duties under such
contract--
``(1) is currently enrolled in the E-Verify Program; and
``(2) is fully complying with all statutes, regulations,
and policies governing the E-Verify Program.
``(c) Prohibition.--An executive agency may not award a contract to
an entity that has not made the certification required under subsection
(b).
``(d) Extension or Renewal of Contracts.--Not later than 1 year
after the date of the enactment of the SAFE Contracting Act, each
executive agency shall incorporate the procedures described in
subsections (b) and (c) into their contract extension and renewal
procedures.
``(e) Agency Determination of Contractor Compliance.--Each
executive agency shall--
``(1) evaluate each certification submitted pursuant to
subsection (b) by any entity with which such executive agency
seeks to enter into a contract and any other information
relevant to the entity's enrollment in the E-Verify Program and
its compliance with all statutes, regulations, and policies
governing the E-Verify Program;
``(2) before awarding such contract, confirm that such
entity--
``(A) is enrolled in the E-Verify Program; and
``(B) is fully complying with all statutes,
regulations, and policies governing the E-Verify
Program; and
``(3) after awarding such contract--
``(A) monitor such entity's continued compliance
with all statutes, regulations, and policies governing
the E-Verify Program; and
``(B) annually post, on a publicly available
website, such executive agency's findings regarding
such compliance.
``(f) Procedures for Noncompliance.--
``(1) Notice.--Not later than 14 days after an executive
agency determines that an entity currently contracting with
such executive agency is not in full compliance with all
statutes, regulations, and policies governing the E-Verify
Program, such executive agency shall submit written notice to
such entity describing such noncompliance and any actions such
entity must complete to return to full compliance.
``(2) Consequence for continued noncompliance.--If an
entity fails to return to full compliance during the 30-day
period beginning on the date on which such entity receives
notice pursuant to paragraph (1), such entity shall be referred
to the Administrator of General Services for suspension and
debarment proceedings in accordance with subpart 9.4 of the
Federal Acquisition Regulation.
``(g) Subcontractor Compliance.--
``(1) In general.--Before any subcontract is awarded under
any contract awarded by an executive agency, such executive
agency shall ensure that the entity selected for such
subcontract--
``(A) is enrolled in the E-Verify Program; and
``(B) maintains continuous compliance with all
statutes, regulations, and policies governing the E-
Verify Program.
``(2) Procedures for noncompliance.--
``(A) Notice.--Not later than 14 days after an
executive agency determines that an subcontractor of an
entity currently contracting with such executive agency
is not in full compliance with all statutes,
regulations, and policies governing the E-Verify
Program, such executive agency shall submit written
notice to such subcontractor describing such
noncompliance and any actions such subcontractor must
complete to return to full compliance.
``(B) Consequence for continued noncompliance.--If
a subcontractor fails to return to full compliance
during the 30-day period beginning on the date on which
such subcontractor receives notice pursuant to
subparagraph (A), such subcontractor shall be referred
to the Administrator of General Services for suspension
and debarment proceedings in accordance with subpart
9.4 of the Federal Acquisition Regulation.''.
(b) Clerical Amendment.--The table of sections for chapter 47 of
title 41, United States Code, is amended by adding at the end the
following:
``4715. E-Verify compliance requirement.''.
SEC. 3. IMPLEMENTATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act--
(1) the Federal Acquisition Regulatory Council shall amend
the Federal Acquisition Regulation to implement and the
amendments made by section 2; and
(2) the Administrator of the Office of Federal Procurement
Policy shall develop and implement all policies and procedures
necessary to implement such amendments, which, after
consultation with the Director of the Office of Management and
Budget, shall include clarification of the responsibilities and
expectations of Executive agencies in monitoring contractor
enrollment in, and compliance with, the E-Verify Program.
(b) Data Collection.--Not later than 1 year after the date of the
enactment of this Act, to help ensure the accuracy of Federal
procurement data and to better monitor contractor compliance with the
E-Verify Program, U.S. Citizenship and Immigration Services shall--
(1) develop and implement information collection measures
detailing Federal contractors enrolled in the E-Verify program;
and
(2) notify Executive agencies of such information
collection measures once such measures have been developed and
implemented.
(c) 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 described in of the amendments made by section 2.
SEC. 4. ANNUAL REPORT.
(a) In General.--Section 1131 of title 41, United States Code, is
amended--
(1) in the section heading, by striking ``report'' and
inserting ``reports'';
(2) by striking ``The Administrator'' and inserting the
following:
``(a) In General.--The Administrator''; and
(3) by adding at the end the following:
``(b) E-Verify Compliance Report.--The Administrator, in
consultation with the Director of U.S. Citizenship and Immigration
Services, shall annually submit a report to the appropriate
congressional committees that--
``(1) summarizes the information posted on each executive
agency's public website pursuant to section 4715(e)(3)(B); and
``(2) identifies the number of entities that have been
referred to the Administrator of General Services during the
reporting period pursuant to section 4715(f)(2) due to
continued noncompliance with the E-Verify Program.''.
(b) Clerical Amendment.--The table of sections for chapter 11 of
title 41, United States Code, is amended by striking the item relating
to section 1131 and inserting the following:
1131. Annual reports.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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