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S. 2281: SAFE Contracting Act


The text of the bill below is as of Jun 24, 2021 (Introduced).


II

117th CONGRESS

1st Session

S. 2281

IN THE SENATE OF THE UNITED STATES

June 24, 2021

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.

Short titles

This Act may be cited as the Secure and Fair Employment in federal Contracting Act or the SAFE Contracting Act.

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:

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.

.

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.

.

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.

.

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.

.

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..

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.