[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Pages S3403-S3404]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6237. Mr. LANKFORD submitted an amendment intended to be proposed
by him to the bill S. 4784, to authorize appropriations for fiscal year
2027 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--E-Verify for Federal Contractors
SEC. 1091. SHORT TITLES.
This subtitle may be cited as the ``Secure And Fair
Employment in Federal Contracting Act'' or the ``SAFE
Contracting Act''.
SEC. 1092. E-VERIFY COMPLIANCE REQUIREMENT.
(a) In General.--Chapter 47 of title 41, United States
Code, is amended by adding at the end the following:
``Sec. 4715. E-Verify compliance requirement
``(a) Definitions.--
``(1) Entity.--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.
``(2) 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).
``(3) Executive agency.--The 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 Certification.--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--
``(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) Prohibition.--An 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 Contracts.--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.
``(e) Agency Determination of Contractor Compliance.--Each
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) Notice.--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.
[[Page S3404]]
``(2) Consequence for continued noncompliance.--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.
``(g) Subcontractor Compliance.--
``(1) In general.--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--
``(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) Notice.--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.
``(B) Consequence for continued noncompliance.--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.''.
(b) Clerical Amendment.--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.''.
SEC. 1093. IMPLEMENTATION.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act--
(1) the Federal Acquisition Regulatory Council shall amend
the Federal Acquisition Regulation to implement and the
amendments made by section 1092; and
(2) 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.
(b) Data Collection.--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--
(1) develop and implement information collection measures
detailing Federal contractors enrolled in the E-Verify
program; and
(2) notify Executive agencies of such information
collection measures once such measures have been developed
and implemented.
(c) 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 described in of the amendments
made by section 1092.
SEC. 1094. ANNUAL REPORTS.
(a) In General.--Section 1131 of title 41, United States
Code, is amended--
(1) in the section heading, by striking ``report'' and
inserting ``reports'';
(2) by striking ``The Administrator'' and inserting the
following:
``(a) In General.--The Administrator''; and
(3) by adding at the end the following:
``(b) E-Verify Compliance Report.--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--
``(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.''.
(b) Clerical Amendment.--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:
1131. Annual reports.
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