,,ii #aagth ,,congress #ast ,session ,s4 #bbha ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bd1 #bjba ,mr4 ,lankford introduced the following bill2 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 in1 and maintain compliance with1 the ,e-,verify ,program4 #a4 ,short titles ,this ,act may be cited as the ,secure and ,fair ,employment in federal ,contracting ,act or the ,,safe ,contracting ,act4 #b4 ,definitions 7a7 ,in general ,subchapter ,i of chapter #a of subtitle ,i of title #da1 ,united ,states ,code1 is amended-- 7#a7 by inserting after section #aje the following3 #aje;,a4 ,e-,verify ,program ,the term ,e-,verify ,program means the program described in section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note74 2 and 7#b7 in section #aac-- 7,a7 in paragraph 7#f71 by striking and at the end2 7,b7 in paragraph 7#g71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#h7 is enrolled in1 and maintains compliance with all statutes1 regulations1 and policies regarding1 the ,e-,verify ,program4 4 7b7 ,clerical amendment ,the chapter analysis for chapter #a of subtitle ,i of title #da1 ,united ,states ,code1 is amended by inserting after the item relating to section #aje the following3 #aje;,a4 ,e-,verify ,program4 4 #c4 ,contractors and subcontractors ,section #aaba7;c7 of title #da1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 ,e-verify enrollment and compliance 7,a7 ,contractors ,executive agencies shall certify a contractor's enrollment in1 and compliance with all statutes1 regulations1 and policies regarding1 the ,e-,verify ,program4 7,b7 ,subcontractors ,not later than #ij days after the date of the enactment of this paragraph1 the ,administrator shall issue a regulation establishing procedures for ensuring that all subcontractors on a ,federal contract enroll in1 and maintain compliance with all statutes1 regulations1 and policies regarding1 the ,e-,verify ,program before receiving an award as a subcontractor on a ,federal contract4 4 #d4 ,e-,verify compliance requirement ,section #aabe of title #da1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,e-,verify compliance 7#a7 ,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 in1 and maintained compliance with all statutes1 regulations1 and policies regarding1 the ,e-,verify ,program4 7#b7 ,subcontractors ,any entity that contracts with a recipient of a ,federal grant or ,federal assistance1 and any entity that serves as a subcontractor to any such entity shall be enrolled in1 and maintain compliance with all statutes1 regulations1 and policies regarding1 the ,e-,verify ,program4 7#c7 ,noncompliance ,any entity described in paragraph 7#a7 or 7#b7 that does not enroll in1 or maintain compliance with1 the ,e-,verify ,program shall be barred from receiving any ,federal grant or ,federal assistance1 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 statutes1 regulations1 and policy guidance regarding the ,e-,verify ,program4 4 #e4 ,consideration of contractor past performance ,section #aabf of title #da1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#c7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 all offerors certify enrollment in1 and compliance with all statutes1 regulations1 and policies regarding1 the ,e-,verify ,program before being considered as an offeror4 2 and 7#b7 by adding at the end the following3 7c7 ,e-,verify enrollment 7#a7 ,in general ,all past contract performance of an offeror may not be evaluated unless1 at the commencement of the evaluation1 the offeror includes certification of enrollment in1 and compliance with all statutes1 regulations1 and policies regarding1 the ,e-,verify ,program4 7#b7 ,no past contract performance ,if there is no past contract performance available1 the offeror shall be evaluated unfavorably unless the offeror provides certification of enrollment in1 and compliance with all statutes1 regulations1 and policies regarding1 the ,e-,verify ,program4 7#c7 ,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 subsection4 4 #f4 ,annual report ,section #aaca of title #da1 ,united ,states ,code1 is amended by adding at the end the following3 ,the ,administrator shall include in such assessment information regarding the compliance or noncompliance of executive agencies in awarding contracts1 grants1 and assistance to entities that are enrolled in1 and maintain compliance with all statutes1 regulations1 and policies regarding1 the ,e-,verify ,program44 #g4 ,implementation 7a7 ,in general ,except as provided in subsection 7b71 not later than #ahj days after the date of the enactment of this ,act1 the ,administrator of the ,office of ,federal ,procurement ,policy shall develop and implement all regulations1 policies1 and procedures necessary to implement the amendments made by this ,act4 7b7 ,limitations on regulations1 policies1 and procedures ,regulations1 policies1 and procedures issued pursuant to subsection 7a7 may not reduce or limit1 or authorize waivers for1 any of the requirements under the amendments made by this ,act4