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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>
```