S.Amdt. 3469

This amendment, submitted by Mr. Lankford, proposes to add a new subtitle called the Secure And Fair Employment in Federal Contracting Act (or the SAFE Contracting Act) to bill S. 2296.

The purpose of this amendment is to require entities and their subcontractors that want to provide goods or services to the U.S. Government to comply with the E-Verify Program.

Key Changes and Additions

• Contractor Requirements: Any entity bidding for a contract with an executive agency must certify that they and their subcontractors are enrolled in and complying with the E-Verify Program. Executive agencies are prohibited from awarding contracts to entities that do not provide this certification.

• Agency Oversight: Executive agencies must confirm E-Verify enrollment before awarding contracts and monitor compliance afterward. Agencies are required to post their compliance findings on a public website annually.

• Penalties for Noncompliance: If an entity or subcontractor is found to be noncompliant, they receive a written notice. If they fail to return to full compliance within 30 days, they will be referred for suspension and debarment proceedings.

• Implementation and Reporting:

  • The Federal Acquisition Regulatory Council and the Administrator of the Office of Federal Procurement Policy must implement these rules within 180 days.
  • U.S. Citizenship and Immigration Services must develop data collection measures to monitor contractor compliance within one year.
  • The Administrator must submit an annual report to congressional committees summarizing public findings and identifying the number of entities referred for suspension or debarment.