S5309-118

1. Short titles This Act may be cited as the Secure And Fair Employment in Federal Contracting Act or the SAFE Contracting Act.

2. E-Verify compliance requirement Chapter 47 of title 41, United States Code, is amended by adding at the end the following: 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. 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). The term executive agency means— 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 any wholly owned Government corporation (as defined in section 9101(3) of title 31, United States Code). 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— is currently enrolled in the E-Verify Program; and is fully complying with all statutes, regulations, and policies governing the E–Verify Program. An executive agency may not award a contract to an entity that has not made the certification required under subsection (b). 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. Each executive agency shall— 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; before awarding such contract, confirm that such entity— is enrolled in the E–Verify Program; and is fully complying with all statutes, regulations, and policies governing the E–Verify Program; and after awarding such contract— monitor such entity's continued compliance with all statutes, regulations, and policies governing the E–Verify Program; and annually post, on a publicly available website, such executive agency's findings regarding such compliance. 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. 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. 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— is enrolled in the E-Verify Program; and maintains continuous compliance with all statutes, regulations, and policies governing the E–Verify Program. 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. 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. 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(a)Definitions(1)EntityThe 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 programThe 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 agencyThe 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 certificationEach 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)ProhibitionAn 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 contractsNot 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 complianceEach 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)NoticeNot 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 noncomplianceIf 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 generalBefore 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)NoticeNot 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 noncomplianceIf 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.. 4715. E–Verify compliance requirement..

4715. E–Verify compliance requirement 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. 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). The term executive agency means— 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 any wholly owned Government corporation (as defined in section 9101(3) of title 31, United States Code). 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— is currently enrolled in the E-Verify Program; and is fully complying with all statutes, regulations, and policies governing the E–Verify Program. An executive agency may not award a contract to an entity that has not made the certification required under subsection (b). 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. Each executive agency shall— 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; before awarding such contract, confirm that such entity— is enrolled in the E–Verify Program; and is fully complying with all statutes, regulations, and policies governing the E–Verify Program; and after awarding such contract— monitor such entity's continued compliance with all statutes, regulations, and policies governing the E–Verify Program; and annually post, on a publicly available website, such executive agency's findings regarding such compliance. 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. 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. 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— is enrolled in the E-Verify Program; and maintains continuous compliance with all statutes, regulations, and policies governing the E–Verify Program. 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. 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.

3. Implementation Not later than 180 days after the date of the enactment of this Act— the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to implement and the amendments made by section 2; and 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. 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— develop and implement information collection measures detailing Federal contractors enrolled in the E-Verify program; and notify Executive agencies of such information collection measures once such measures have been developed and implemented. 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.

4. Annual report Section 1131 of title 41, United States Code, is amended— in the section heading, by striking report and inserting reports; by striking The Administrator and inserting the following: The Administrator by adding at the end the following: 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— summarizes the information posted on each executive agency’s public website pursuant to section 4715(e)(3)(B); and 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. 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: (a)In generalThe Administrator; and (b)E–Verify compliance reportThe 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..