Title: Secure and Fair Employment in federal Contracting Act
Policy area: Government Operations and Politics

Summary:
Secure and Fair Employment in federal Contracting Act or the SAFE Contracting Act
This bill expands the E-Verify program. E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States.
Specifically, the bill requires federal contractors, subcontractors, grantees, and assistance recipients to enroll in the E-Verify program and maintain compliance with all related statutes, regulations, and policies.
The bill sets forth requirements regarding compliance certification and consideration of past contract performance.
The Office of the Administrator for Federal Procurement Policy must report annually on agency compliance with statutes, regulations, and policies regarding the E-Verify program.

[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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