II 

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. 

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 TITLES. 

4 This Act may be cited as the ‘‘Secure and Fair Em5 ployment in federal Contracting Act’’ or the ‘‘SAFE Con6 tracting Act’’. 

7 SEC. 2. DEFINITIONS. 

8 (a) IN GENERAL.—Subchapter I of chapter 1 of sub9 title I of title 41, United States Code, is amended— 

10 (1) by inserting after section 105 the following: 


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1 ‘‘§ 105A. E-Verify Program 

2 ‘‘The term ‘E-Verify Program’ means the program 

3 described in section 403(a) of the Illegal Immigration Re4 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

5 1324a note).’’; and 

6 (2) in section 113— 

7 (A) in paragraph (6), by striking ‘‘and’’ at 

8 the end; 

9 (B) in paragraph (7), by striking the pe10 riod at the end and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(8) is enrolled in, and maintains compliance 

13 with all statutes, regulations, and policies regarding, 

14 the E-Verify Program.’’. 

15 (b) CLERICAL AMENDMENT.—The chapter analysis 

16 for chapter 1 of subtitle I of title 41, United States Code, 

17 is amended by inserting after the item relating to section 

18 105 the following: 

‘‘105A. E-Verify Program.’’. 

19 SEC. 3. CONTRACTORS AND SUBCONTRACTORS. 

20 Section 1121(c) of title 41, United States Code, is 

21 amended by adding at the end the following: 

22 ‘‘(4) E-VERIFY ENROLLMENT AND COMPLI23 ANCE.— 

24 ‘‘(A) CONTRACTORS.—Executive agencies 

25 shall certify a contractor’s enrollment in, and 


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1 compliance with all statutes, regulations, and 

2 policies regarding, the E-Verify Program. 

3 ‘‘(B) SUBCONTRACTORS.—Not later than 

4 90 days after the date of the enactment of this 

5 paragraph, the Administrator shall issue a reg6 ulation establishing procedures for ensuring 

7 that all subcontractors on a Federal contract 

8 enroll in, and maintain compliance with all stat9 utes, regulations, and policies regarding, the E10 Verify Program before receiving an award as a 

11 subcontractor on a Federal contract.’’. 

12 SEC. 4. E-VERIFY COMPLIANCE REQUIREMENT. 

13 Section 1125 of title 41, United States Code, is 

14 amended by adding at the end the following: 

15 ‘‘(c) E-VERIFY COMPLIANCE.— 

16 ‘‘(1) IN GENERAL.—An entity may not receive 

17 a Federal grant or Federal assistance unless the en18 tity certifies to the Administrator that the entity has 

19 enrolled in, and maintained compliance with all stat20 utes, regulations, and policies regarding, the E21 Verify Program. 

22 ‘‘(2) SUBCONTRACTORS.—Any entity that con23 tracts with a recipient of a Federal grant or Federal 

24 assistance, and any entity that serves as a subcon25 tractor to any such entity shall be enrolled in, and 


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1 maintain compliance with all statutes, regulations, 

2 and policies regarding, the E-Verify Program. 

3 ‘‘(3) NONCOMPLIANCE.—Any entity described 

4 in paragraph (1) or (2) that does not enroll in, or 

5 maintain compliance with, the E-Verify Program 

6 shall be barred from receiving any Federal grant or 

7 Federal assistance, or otherwise qualifying for a 

8 Federal contract or serving as a subcontractor on a 

9 Federal contract until such entity restores and 

10 maintains compliance with all statutes, regulations, 

11 and policy guidance regarding the E-Verify Pro12 gram.’’. 

13 SEC. 5. CONSIDERATION OF CONTRACTOR PAST PERFORM14 ANCE. 

15 Section 1126 of title 41, United States Code, is 

16 amended— 

17 (1) in subsection (a)(3)— 

18 (A) in subparagraph (A), by striking 

19 ‘‘and’’ at the end; 

20 (B) in subparagraph (B), by striking the 

21 period at the end and inserting ‘‘; and’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(C) all offerors certify enrollment in, and 

24 compliance with all statutes, regulations, and 


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1 policies regarding, the E-Verify Program before 

2 being considered as an offeror.’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(c) E-VERIFY ENROLLMENT.— 

5 ‘‘(1) IN GENERAL.—All past contract perform6 ance of an offeror may not be evaluated unless, at 

7 the commencement of the evaluation, the offeror in8 cludes certification of enrollment in, and compliance 

9 with all statutes, regulations, and policies regarding, 

10 the E-Verify Program. 

11 ‘‘(2) NO PAST CONTRACT PERFORMANCE.—If 

12 there is no past contract performance available, the 

13 offeror shall be evaluated unfavorably unless the of14 feror provides certification of enrollment in, and 

15 compliance with all statutes, regulations, and poli16 cies regarding, the E-Verify Program. 

17 ‘‘(3) SAFE HARBOR.—No offeror shall be penal18 ized for nonenrollment or noncompliance in the E19 Verify Program that occurred before the date of the 

20 enactment of this subsection.’’. 

21 SEC. 6. ANNUAL REPORT. 

22 Section 1131 of title 41, United States Code, is 

23 amended by adding at the end the following: ‘‘The Admin24 istrator shall include in such assessment information re25 garding the compliance or noncompliance of executive 


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1 agencies in awarding contracts, grants, and assistance to 

2 entities that are enrolled in, and maintain compliance with 

3 all statutes, regulations, and policies regarding, the E4 Verify Program.’’. 

5 SEC. 7. IMPLEMENTATION. 

6 (a) IN GENERAL.—Except as provided in subsection 

7 (b), not later than 180 days after the date of the enact8 ment of this Act, the Administrator of the Office of Fed9 eral Procurement Policy shall develop and implement all 

10 regulations, policies, and procedures necessary to imple11 ment the amendments made by this Act. 

12 (b) LIMITATIONS ON REGULATIONS, POLICIES, AND

13 PROCEDURES.—Regulations, policies, and procedures 

14 issued pursuant to subsection (a) may not reduce or limit, 

15 or authorize waivers for, any of the requirements under 

16 the amendments made by this Act. 

Æ 


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