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Created: Thu Jun 12 04:15:54 2008
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33374 Federal Register / Vol. 73, No. 114 / Thursday, June 12, 2008 / Proposed Rules
* Elevation in feet (NGVD)
+ Elevation in feet (NAVD)
Location of referenced # Depth in feet above
Flooding source(s) Communities affected
elevation ** ground
Effective Modified
Approximately .85 mile upstream of Main Street ......... None +1023
Trout Brook ........................... At Town of Solon Corporate Limits, approximately None +1204 Town of Solon.
1.280 miles upstream of Hollow Road.
Approximately 1.288 miles upstream of Hollow Road None +1204
Tully Lake .............................. Entire shoreline within community ................................ None +1195 Town of Preble.
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref-
erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for
exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management
Agency, 500 C Street, SW., Washington, DC 20472.
ADDRESSES
City of Cortland
Maps are available for inspection at Cortland City Hall, 25 Court Street, Cortland, NY.
Town of Cincinnatus
Maps are available for inspection at Cincinnatus Town Hall, 2770 Lower Cincinnatus Road, Cincinnatus, NY.
Town of Cortlandville
Maps are available for inspection at Cortlandvile Town Hall, Raymond G. Thorpe Municipal Building, 3577 Terrace Road, Cortland, NY.
Town of Marathon
Maps are available for inspection at Town of Marathon Highway Department, 16 Brink Street, Marathon, NY.
Town of Preble
Maps are available for inspection at Preble Town Hall, 1968 Preble Road, Preble, NY.
Town of Scott
Maps are available for inspection at Scott Town Hall, 6689 NYS Route 41, Homer, NY.
Town of Solon
Maps are available for inspection at Solon Town Hall, 4012 North Tower Road, East Freetown, NY.
Town of Virgil
Maps are available for inspection at Virgil Town Hall, 1176 Church Street, Cortland, NY.
Village of Marathon
Maps are available for inspection at Marathon Village Hall, 18 Tannery Street, Marathon, NY.
Village of Mcgraw
Maps are available for inspection at McGraw Village Hall, 1 Cemetery Street, McGraw, NY.
(Catalog of Federal Domestic Assistance No. DEPARTMENT OF DEFENSE require certain contractors and
97.022, ``Flood Insurance.'') subcontractors to use the U.S.
Dated: May 28, 2008. GENERAL SERVICES Citizenship and Immigration Services'
ADMINISTRATION (USCIS) E-Verify system as the means of
David I. Maurstad,
verifying that certain of their employees
Federal Insurance Administrator of the NATIONAL AERONAUTICS AND are eligible to work in the United States.
National Flood Insurance Program, SPACE ADMINISTRATION
Department of Homeland Security, Federal DATES: Interested parties should submit
Emergency Management Agency. written comments to the FAR
48 CFR Parts 2, 12, 22, and 52 Secretariat on or before August 11, 2008
[FR Doc. E813208 Filed 61108; 8:45 am]
[FAR Case 2007013; Docket 20080001; to be considered in the formulation of
BILLING CODE 911012P
Sequence 1] a final rule.
RIN 9000AK91 ADDRESSES: Submit comments
identified by FAR case 2007013 by any
Federal Acquisition Regulation; FAR of the following methods:
Case 2007013, Employment Eligibility · Regulations.gov: http://
Verification www.regulations.gov. Submit comments
AGENCIES: Department of Defense (DoD), via the Federal eRulemaking portal by
General Services Administration (GSA), inputting ``FAR Case 2007013'' under
and National Aeronautics and Space the heading ``Comment or Submission''.
Administration (NASA). Select the link ``Send a Comment or
mstockstill on PROD1PC66 with PROPOSALS
ACTION: Proposed rule. Submission'' that corresponds with FAR
Case 2007013. Follow the instructions
SUMMARY: The Civilian Agency provided to complete the ``Public
Acquisition Council and the Defense Comment and Submission Form''.
Acquisition Regulations Council Please include your name, company
(Councils) are proposing to amend the name (if any), and ``FAR Case 2007
Federal Acquisition Regulation (FAR) to 013'' on your attached document.
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Federal Register / Vol. 73, No. 114 / Thursday, June 12, 2008 / Proposed Rules 33375
· Fax: 2025014067. (INS) launched the Telephone United States Citizenship and
· Mail: General Services Verification System (TVS) pilot Immigration Service (USCIS) E-Verify
Administration, Regulatory Secretariat program--an early form of what is now System to verify that all of the
(VPR), 1800 F Street, NW., Room 4035, the E-Verify system--as a demonstration contractors' new hires, and all
ATTN: Laurieann Duarte, Washington, project. 69 Interpreter Releases 702 employees (existing and new) directly
DC 20405. (June 8, 1992); 515 (Apr. 27, 1992). In engaged in the performance of work
Instructions: Please submit comments 1996, Congress established the Basic under Federal contracts, are authorized
only and cite FAR case 2007013 in all Pilot program (now E-Verify) as part of to work in the United States. The
correspondence related to this case. All the Illegal Immigration Reform and E-Verify System is expected to help
comments received will be posted Immigrant Responsibility Act (IIRIRA). contractors avoid employment of
without change to http:// Public Law No. 104208, §§ 401405, unauthorized aliens and will assist
www.regulations.gov, including any 110 Stat. 3009655--3009665 (1996) (8 Federal agencies to avoid contracting
personal and/or business confidential U.S.C. 1324a note). The Basic Pilot with companies that knowingly hire
information provided. statute instructs all departments of the unauthorized aliens. This enhances the
FOR FURTHER INFORMATION CONTACT: Executive Branch to participate in E- Government's ability to protect national
Meredith Murphy, Procurement Verify as part of their hiring process. security and ensure compliance with
Analyst, at (202) 2086925 for IIRIRA § 402(e)(1). the nation's immigration laws--core
clarification of content. For information This rule is authorized by an exercise aspects of the Government's mission
pertaining to status or publication of the President's authority under the that otherwise could be compromised
schedules, contact the FAR Secretariat Federal Property and Administrative by the presence of unauthorized aliens
at (202) 5014755. Please cite FAR case Services Act of 1949 (FPASA), to in Government facilities or by the
2007013. ``prescribe policies and directives'' employment of unauthorized aliens in
governing procurement policy ``that the the Government's supply chain. It also
SUPPLEMENTARY INFORMATION:
President considers necessary to carry protects U.S. workers by creating
A. Background out'' that Act and that are ``consistent'' another disincentive for companies to
with the Act's aim of ``provid[ing] the hire unauthorized aliens who may
This rule proposes to amend the
Federal Government with an command lower wages.
Federal Acquisition Regulation (FAR) to economical and efficient'' procurement In summary, the proposed rule--
require that certain contracts contain a system. 40 U.S.C. 121, 101. The 1. Requires insertion of a clause into
clause requiring that the contractor and ``economy and efficiency'' benefits to Government prime contracts that
certain subcontractors utilize the E- Federal contracting that flow from include work in the United States, other
Verify System to verify employment ensuring that the Federal Government than those that do not exceed the micro-
eligibility of all newly hired employees does not do business with contractors purchase threshold (generally $3,000),
of the contractor or subcontractor and that hire or employ unauthorized aliens or that are for commercially available
all employees directly engaged in the were first set forth in Executive Order off-the-shelf (COTS) items or items that
performance of work in the United 12989 (see 61 FR 6091, February 15, would be COTS items but for minor
States under those contracts. 1996). That order, which pre-dated modifications (the rule adopts the
The Government awards numerous Congress's creation of the Basic Pilot statutory definition of COTS).
contracts each fiscal year worth program (now E-Verify), noted that the 2. Requires inclusion of the clause in
hundreds of billions of dollars. At the presence of unauthorized aliens on a subcontracts over $3,000 for services or
same time, one of the Government's contractor's workforce rendered that for construction.
primary responsibilities is the contractor's workforce less stable and 3. Requires a contractor or
enforcement of the immigration laws of reliable than the workforces of subcontractor to enroll in the E-Verify
the United States. It is appropriate to contractors who do not employ program within 30 days of contract
ensure that Government contractors and unauthorized aliens. The executive award, begin verifying the employment
subcontractors abide by the immigration order entitled ``Economy and Efficiency eligibility of all new employees of the
laws that the Government enforces. In in Government Procurement Through contractor or subcontractor that are
1986, Congress amended the Compliance with Certain Immigration hired after enrollment in E-Verify, and
Immigration and Nationality Act (INA) and Nationality Act Provisions and Use continue to use the E-Verify program for
to prohibit the hiring or continued of an Electronic Employment Eligibility the life of the contract.
employment of aliens, knowing that the Verification System'' of June 6, 2008, 4. Requires contractors and
aliens are unauthorized to work in the amends Executive Order 12989 and, subcontractors to use E-Verify to
United States. Public Law 99603, Title together with the Designation by the confirm the employment eligibility of
I, § 101(a)(1), 100 Stat. 3360, codified at Secretary of Homeland Security, directs all existing employees who are directly
8 U.S.C. 1324a(a). Congress also Federal agencies, in light of the recent engaged in the performance of work
established an employment verification advances in the reliability, convenience, under the covered contract.
system in 8 U.S.C. 1324a(b), and and accuracy of the E-Verify system, to 5. Applies to solicitations issued and
directed the President to evaluate that use this powerful tool to avoid both the contracts awarded after the effective
system's security and efficacy and general inefficiencies that flow from date of the final rule in accordance with
implement necessary changes, subject to contracting with employers burdened FAR 1.108(d). Under the final rule,
congressional oversight. 8 U.S.C. with unstable workforces as well as the Departments and agencies should, in
1324a(d). To assist in the development direct costs of disruptions to Federal accordance with FAR 1.108(d)(3),
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of such changes and additions to the contract performance that result when amend existing indefinite-delivery/
system, Congress also authorized the unauthorized aliens are found in, and indefinite-quantity contracts to include
President to establish demonstration must be subsequently removed from, the the clause for future orders if the
projects designed to strengthen the Federal contract workforce. remaining period of performance
employment verification system. 8 This proposed rule inserts a clause extends at least six months after the
U.S.C. 1324a(d)(4). In 1992 the into Federal contracts committing effective date of the final rule and the
Immigration and Naturalization Service Government contractors to use the amount of work or number of orders
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33376 Federal Register / Vol. 73, No. 114 / Thursday, June 12, 2008 / Proposed Rules
expected under the remaining grounds for immediate termination of its the source of the tentative
performance period is substantial. participation in the program. Employers nonconfirmation. The worker then has
6. In exceptional circumstances, participating in E-Verify must still eight Federal Government work days to
allows a head of the contracting activity complete an Employment Eligibility visit an SSA office or call USCIS to try
to waive the requirement to include the Verification Form (Form I9) for each to resolve the discrepancy. Under the E-
clause. This authority is not delegable. newly hired employee, as required Verify MOU, if the worker contests the
The proposed rule applies only to under current law. Following tentative nonconfirmation, the employer
employment in the United States as completion of the Form I9, the is prohibited from terminating or
defined at section 101(a)(38) of the employer must enter the worker's otherwise taking adverse action against
Immigration and Nationality Act (INA), information into the E-Verify website, the worker while he or she awaits a final
8 U.S.C. 1101 et seq. ``United States'' and that information is then checked resolution from the Federal Government
includes the fifty States and the District against information contained in SSA agency. If the worker fails to contest the
of Columbia, Guam, Puerto Rico, and and USCIS databases. tentative nonconfirmation, or if SSA or
the United States Virgin Islands. It does SSA first verifies that the name, SSN, USCIS was unable to resolve the
not currently include the United States and date of birth are correct and, if the discrepancy the employer will receive a
territories of American Samoa and the employee has stated that he or she is a notice of final nonconfirmation and the
Commonwealth of the Northern Mariana U.S. citizen, confirms whether this is in employee may be terminated.
Islands. Under the Consolidated Natural fact the case through its databases. If the Participation in E-Verify does not
Resources Act of 2008, Federal employee is a U.S. citizen, SSA exempt the employer from the
immigration law will begin to apply-- establishes that the employee is responsibility to complete, retain, and
through a phased process--to the employment-eligible. USCIS also make available for inspection Forms I
Commonwealth of the Northern Mariana verifies through database checks that 9 that relate to its employees, or from
Islands starting in mid-2009. At this any non-U.S. citizen employee is in an other requirements of applicable
time, however, these two territories employment-authorized immigration regulations or laws; however, the
have their own immigration laws and status. following modified requirements apply
are not covered by the employment If the information provided by the by reason of the employer's
verification requirements of INA section worker matches the information in the participation in E-Verify: (1) Identity
274A, 8 U.S.C. 1324a (see Form I9). SSA and USCIS records, no further documents used for verification
The proposed rule also does not apply action will generally be required, and purposes must have photos; (2) if an
to any employment outside the United the worker may continue employment. employer obtains confirmation of the
States, including work on United States E-Verify procedures require only that identity and employment eligibility of
embassies or military bases in foreign the employer record on the I9 form the an individual in compliance with the
countries. Finally, the proposed rule verification ID number and result terms and conditions of E-Verify, a
does not apply to any employee hired obtained from the E-Verify query, or rebuttable presumption is established
prior to November 6, 1986, as these print a copy of the transaction record that the employer has not violated
employees are not subject to and retain it with the I9 form. section 274A(a)(1)(A) of the Immigration
employment verification under INA If SSA is unable to verify information and Nationality Act (INA) with respect
section 274A, 8 U.S.C. 1324a. presented by the worker, the employer to the hiring of the individual; (3) the
The Councils are attempting to will receive an ``SSA Tentative employer must notify DHS if it
balance competing needs in drafting this Nonconfirmation'' notice. Similarly, if continues to employ any employee after
rule. It was written to apply the USCIS is unable to verify information receiving a final nonconfirmation, and
requirements in a manner to ensure presented by the worker, the employer is subject to a civil money penalty
effective compliance by the contractor will receive a ``DHS Tentative between $500 and $1,000 for each
community, but it exempts certain Nonconfirmation'' notice. Employers failure to notify DHS of continued
prime contracts and subcontracts when can receive a tentative nonconfirmation employment following a final
the cost of compliance would likely notice for a variety of reasons, including nonconfirmation; (4) if an employer
outweigh the benefits, e.g., COTS items. inaccurate entry of information into the continues to employ an employee after
Comments are solicited with regard to E-Verify Web site, name changes, or receiving a final nonconfirmation and
how well this balance has been changes in immigration status that are that employee is subsequently found to
achieved. not reflected in the database. If the be an unauthorized alien, the employer
The E-Verify program is an internet- individual's information does not match is subject to a rebuttable presumption
based system operated by USCIS, in the SSA or USCIS records, the employer that it has knowingly employed an
partnership with the Social Security must provide the employee with a unauthorized alien in violation of
Administration (SSA), and requirements written notice of the fact, called a section 274A(a); and (5) no person or
for obtaining access to E-Verify and ``Notice to Employee of Tentative entity participating in E-Verify is civilly
procedures for the use of E-Verify are Nonconfirmation.'' The worker must or criminally liable under any law for
established by the Department of then indicate on the notice whether he any action taken in good faith based on
Homeland Security (DHS), USCIS's or she contests or does not contest the information provided through the
parent agency. Before an employer can tentative nonconfirmation, and both the confirmation system.
participate in the E-Verify program, the worker and the employer must sign the Further information on registration for
employer must enter into a notice. and use of E-Verify can be obtained via
Memorandum of Understanding (MOU) If the worker chooses to contest the the internet at http://www.dhs.gov/E-
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with DHS and SSA. This MOU requires tentative nonconfirmation, the employer Verify.
employers to agree to abide by current must print a second notice, called a This proposed rule differs in one
legal hiring procedures and to ensure ``Referral Letter,'' which contains significant respect from the
that no employee will be unfairly information about resolving the requirements generally applicable to
discriminated against as a result of the tentative nonconfirmation, as well as employers participating in E-Verify; that
E-Verify program. Violation of the terms the contact information for SSA or is, current employees of Federal
of this agreement by the employer is USCIS, depending on which agency was contractors that are assigned to work in
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Federal Register / Vol. 73, No. 114 / Thursday, June 12, 2008 / Proposed Rules 33377
the United States on a covered Federal will be available online at http:// opportunity cost of the time the employee
contract, as well as the contractor's new www.regulations.gov. spends for this training, as the employee's
hires in the United States, must be time could have been spent on other
B. Executive Order 12866 Regulatory activities.
verified under this rule. In the initial
Planning and Review · Employee Verification--Employers will
contract start-up phase, employees
This is a significant regulatory action incur the opportunity cost of the time spent
assigned to the contract must be verified entering data into E-Verify and, if the
within 30 days; thereafter, the proposed and, therefore, was subject to review
employee receives a tentative
rule requires newly hired and newly under section 6(b) of Executive Order
nonconfirmation, employers would inform
assigned employees to be verified 12866, Regulatory Planning and Review, the employee and spend time closing out the
within 3 days. Requiring employment dated September 30, 1993. This rule is case after resolution of the tentative
eligibility confirmation of all workers a major rule under 5 U.S.C. 804. nonconfirmation. In addition, the employer
assigned to a new Government contract A Regulatory Impact Analysis that would incur lost productivity when an
is mandated by the June 6, 2008, more thoroughly explains the employee would need to be away from work
Executive Order amending Executive assumptions used to estimate the cost of to visit SSA to correct his/her information.
Order 12989, is most consistent with the this proposed rule is available in the We believe the employee would bear the cost
docket. For access to the docket to read of driving to SSA.
Federal Government's own obligation to
background documents or comments · Employee Replacement (Turnover)
use E-Verify when hiring Federal Cost--There may be a small percentage of
employees, and will most effectively received, go to http://
workers who are authorized to work in the
ensure that the Federal Government www.regulations.gov. A summary of the
U.S. and receive a tentative nonconfirmation,
does not indirectly exploit an illegal cost and benefits of the proposed rule but choose not to take the steps necessary to
labor force. follows: resolve the tentative nonconfirmation
USCIS is in the process of revising its In the initial fiscal year, the rule is (despite the strong economic incentives to
MOU, program manual, training expected to be effective (2009), we estimate resolve the issue). To the extent that the
materials, Web site, and other E-Verify that there will be approximately 168,324 accompanying E-Verify rulemaking results in
contractors and subcontractors that will be the termination of a worker authorized to
System materials to reflect the duties required to enroll in E-Verify due to this rule work in the U.S., those costs could be
that Federal contractors will take on and there will be an additional 3.8 million considered to be a cost of the rule. However,
when they sign a contract containing the employees vetted through E-Verify. In the the termination and replacement costs of
clause promulgated by this proposed initial year, the cost of the proposed rule at unauthorized workers are not counted as a
rule. Those E-Verify System 7% net present value is approximately direct cost of this rule since current
accommodations will make this $107.0 million and, over the ten-year period immigration law prohibits employers from
proposed FAR amendment and the E- of analysis (20092018), the cost of the hiring or continuing to employ aliens whom
proposed rule is approximately $550.3 they know are not authorized to work in the
Verify System consistent for Federal million. In the initial year, the cost of the
contractors, but will not apply to E- U.S. The termination and replacement of
proposed rule at 3% net present value is unauthorized employees will impose a
Verify users who are not required to approximately $111.2 million and, over the burden on employers, but INA section
comply with the contract clause ten-year period of analysis (20092018), the 274A(a)(1), (2), 8 U.S.C. 1324a(a)(1), (2),
promulgated by this rule. Federal cost of the proposed rule is $668.9 million.
expressly prohibits employers from hiring or
contractors' compliance with that Compliance costs from participating in the E-
continuing to employ an alien whom they
revised MOU will be a performance Verify program fall into the following general
categories and Table 1 below provides a know is not authorized to work in the United
requirement under the terms of the summary of the costs: States. Accordingly, costs that result from
Federal contract or subcontract, and the · Startup Costs--Employers must register employers' knowledge of their workers'
contractor must consent to the release of to use the E-verify system and sign a illegal status are attributable to the
information relating to compliance with Memorandum of Understanding with USCIS Immigration and Nationality Act, not to the
its verification responsibilities to and SSA. A very small number of employers Federal Acquisition Regulation requiring
contracting officers or other officials may need to purchase a computer and Employment Eligibility Verification for
internet connection for their hiring site if that certain federal contractors and
authorized to review the Employer's
hiring site does not already have internet subcontractors.
compliance with Federal contracting · Federal Government Cost--The
access.
requirements. A revised MOU reflecting · Training--Employees that use the E- Government will incur operating costs from
the program participation requirements Verify system are required to take an on-line each query that an employer executes and
for Federal contractors has been placed tutorial. While USCIS does not charge a fee will also incur costs from resolving tentative
in the docket for this rulemaking and for this training, employers will incur the nonconfirmations.
TABLE 1.--10 YEAR COST OF PROPOSED RULE
[7% Present value]
Employer Employee Government
Year Authorized Total
Startup & training employee Verification cost Verification cost Verification cost
costs replacement cost
2009 ................................. $ 61,630,740 $18,980,895 $24,174,247 $677,403 $ 1,547,194 $107,010,479
2010 ................................. 28,859,143 9,840,872 12,533,427 351,208 802,161 52,386,811
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2011 ................................. 28,319,789 9,656,932 12,299,159 344,643 787,167 51,407,690
2012 ................................. 27,790,462 9,476,427 12,069,267 338,201 772,454 50,446,811
2013 ................................. 28,040,474 9,299,296 11,843,671 331,880 758,015 50,273,336
2014 ................................. 27,516,328 9,125,478 11,622,295 325,676 743,847 49,333,625
2015 ................................. 27,002,030 8,954,912 11,405,060 319,589 729,944 48,411,535
2016 ................................. 26,497,248 8,787,531 11,191,882 313,615 716,300 47,506,576
2017 ................................. 26,589,062 8,623,278 10,982,689 307,753 702,911 47,205,693
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33378 Federal Register / Vol. 73, No. 114 / Thursday, June 12, 2008 / Proposed Rules
TABLE 1.--10 YEAR COST OF PROPOSED RULE--Continued
[7% Present value]
Employer Employee Government
Year Authorized Total
Startup & training employee Verification cost Verification cost Verification cost
costs replacement cost
2018 ................................. 26,092,101 8,462,096 10,777,406 302,001 689,773 46,323,377
Total .......................... 308,337,378 101,207,717 128,899,103 3,611,970 8,249,766 550,305,932
Because illegal aliens are at risk of being impact on a substantial number of small United States has existed since 1996.
apprehended in immigration enforcement entities, within the meaning of the Virtually all employers in the United States,
actions, contractors who hire illegal aliens Regulatory Flexibility Act, 5 U.S.C. 601, including Federal Government contractors
will necessarily have a more unstable and subcontractors, are prohibited from
et seq. An Initial Regulatory Flexibility hiring an individual without verifying his or
workforce than contractors who do not hire
unauthorized workers. Given the Analysis has been prepared and the her identity and authorization to work and
vulnerabilities in the I9 system, many results of the analysis show that the from continuing to employ an alien whom
employers that do not knowingly employ direct cost of this rule on an average they know is not authorized to work in the
illegal aliens nevertheless have unauthorized cost per contractor basis does not appear United States (section 274A(a) of the
workers, undetected, on their workforce. to rise to the level of being economically Immigration and Nationality Act of 1952, as
This rule will promote economy and significant; however, the Councils amended (INA), 8 U.S.C. 1324a; 8 CFR part
efficiency in Government procurement. request comments on this finding. The 274A). Many aliens, including lawful
Stability and dependability are important permanent residents, refugees, asylees, and
Councils expect this rule to carry certain temporary workers petitioned by a U.S.
elements of economy and efficiency. A
benefits to employers in that it provides employer, are authorized to work in the
contractor whose workforce is less stable will
be less likely to produce goods and services an economical, Web-based method for United States (see 8 CFR 274a.12, listing
economically and efficiently than a performing verification of employment classes of work-authorized aliens).
contractor whose workforce is more stable. eligibility of employees, improving the The new contractual requirement to use
Because of the Executive Branch's obligation reliability of the employment the E-Verify System will enhance the
to enforce the immigration laws, including verification procedures employers are Government's ability to protect national
the detection and removal of illegal aliens already required to perform. Federal security and ensure compliance with the
identified through vigorous worksite contractors' participation in E-Verify is nation's immigration laws--core aspects of
enforcement, contractors that employ illegal the Government's mission that otherwise
also expected to reduce the likelihood could be compromised by the presence of
aliens cannot rely on the continuing
that contractors will discover long after unauthorized aliens in Government facilities
availability and service of those illegal
workers, and such contractors inevitably will the fact that they have hired or by the employment of unauthorized aliens
have a less stable and less dependable unauthorized aliens, thereby sparing in the Government's supply chain.
workforce than contractors that do not contractors the cost of terminating and This rule will impact nearly every small
employ such persons. Where a contractor replacing employees not authorized to entity in the Federal contractor base. Major
assigns illegal aliens to work on Federal work under Federal immigration law exceptions are contractors providing
contracts, the enforcement of Federal after resources have been expended on commercially available off-the-shelf (COTS)
immigration laws imposes a direct risk of items and COTS items with only minor
the training of those employees. An
disruption, delay, and increased expense in modifications and subcontractors that
Initial Regulatory Flexibility Analysis provide supplies, not services or
Federal contracting. Such contractors are less
dependable procurement sources, even if
has been prepared for public comment construction. In Fiscal Year 2006, there were
they do not knowingly hire or knowingly and is summarized as follows: over 100,000 small businesses that re