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Federal Acquisition Regulation E-Verify TimelineFiled Under: E-Verify

I’ve been following the FAR regulation since President Bush’s exec order on June 6, 2008, waiting, wondering, fearing, and expecting that federal contractors and subcontractors would very shortly have to comply.  I’ve outlined a brief timeline of the legistlation which can be pretty helpful to understand where we are now and how we got here.  By the way, the FAR Reg implementation is delayed until May 21, 2009.

I.   EVOLUTION/UPDATES IN FAR REGULATION FOR E-VERIFY

1.      On June 6, 2008 President George W. Bush signed an amendment 13465 to Executive Order 12989 requiring (200k) federal contractors to use E-Verify.   

2.      September 30, 2008, President George W. Bush signed a resolution (H.R. 2638) to extend the E-Verify program which was set to expire on November 29, 2008, through March 6, 2009, and inject $100 million in new funding for the program.  The new congress will take it from here, but President Obama has expressed support for the program so it is not expected to disappear with the new administration.

3.      November 14, 2008:  After issuing a proposed rule, soliciting comments, on 11/14 the final rule mandating use of the E-Verify program by all federal contractors was published in the Federal Register, originally to take effect on January 19, 2009.

4.      January 08, 2008:  USCIS issued a press release stating that 100,000 employers are currently enrolled in the program, and from October 2008 to January 2009, over two million queries were run through E-Verify.

5.      January 14, 2009: A coalition of business organizations (U.S. Chamber of Commerce, the American Council on International Personnel, the Society for Human Resources, the H.R. Policy Association, and the Associated Builders and Contractors) challenge the E-Verify amendment to the FAR in federal court arguing that it exceeds the authority of the executive branch and violates IIRIRA. 

6.      As a result of pending litigation, the parties came to an agreement to delay the final rule which was set to take effect on February 20, 2009. 

7.      January 20, 2009:  White House Chief of Staff Rahm Emanuel ordered Regulatory Review by the Obama administration of proposed and final regulations that have not been published in the federal register, and delay by 60 days the effective dates of published regulations that have not yet taken effect.

8.      January 27, 2009:  the US Chamber of Commerce announced that the litigants agreed to extend the applicability to May 21, 2009 and agreed to ask the court to stay the proceedings to allow President Obama’s administration the opportunity to review the rule. We will have to wait to see how this review affects the rule.  Federal acquisition officers will not include the E-Verify clause in any federal contract awarded prior to May 21, 2009.