[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5505 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5505

To require the debarment from Federal contracts, grants, or cooperative 
  agreements of employers who hire unauthorized aliens, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2006

 Mrs. Myrick introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To require the debarment from Federal contracts, grants, or cooperative 
  agreements of employers who hire unauthorized aliens, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Contract Accountability 
Act''.

SEC. 2. CONTRACTING PROVISIONS RELATING TO UNLAWFUL EMPLOYMENT OF 
              ALIENS.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended by adding at the end the following new subsections:
    ``(i) Government Contracts.--
            ``(1) Employers.--Whenever an employer who does not hold 
        Federal contracts, grants, or cooperative agreements is 
        determined by the Secretary of Homeland Security to be a repeat 
        violator of this section, or is convicted of a crime under this 
        section, the employer shall be debarred from the receipt of 
        Federal contracts, grants, or cooperative agreements for a 
        period of two years. The Secretary of Homeland Security or the 
        Attorney General shall advise the Administrator of General 
        Services of such a debarment, and the Administrator of General 
        Services shall list the employer on the List of Parties 
        Excluded from Federal Procurement and Nonprocurement Programs 
        for a period of two years. The Administrator of General 
        Services, in consultation with the Secretary of Homeland 
        Security and the Attorney General, may waive operation of this 
        subsection or may limit the duration or scope of the debarment.
            ``(2) Contractors and recipients.--Prior to debarring an 
        employer under paragraph (1), the Secretary of Homeland 
        Security, in cooperation with the Administrator of General 
        Services, shall advise all agencies holding contracts, grants, 
        or cooperative agreements with the employer of the Government's 
        intention to debar the employer from the receipt of new Federal 
        contracts, grants, or cooperative agreements for a period of 2 
        years. After consideration of the views of agencies holding 
        contracts, grants or cooperative agreements with the employer, 
        the Secretary of Homeland Security may, in lieu of debarring 
        the employer from the receipt of new Federal contracts, grants, 
        or cooperative agreements for a period of 2 years, waive 
        operation of this subsection, limit the duration or scope of 
        the debarment, or refer to an appropriate lead agency the 
        decision of whether to debar the employer, for what duration, 
        and under what scope in accordance with the procedures and 
        standards prescribed by the Federal Acquisition Regulation. Any 
        proposed debarment predicated on an administrative 
        determination of liability for civil penalty by the Secretary 
        of Homeland Security or the Attorney General shall not be 
        reviewable in any debarment proceeding. The decision of whether 
        to debar or take alternative action shall not be judicially 
        reviewed.
            ``(3) Suspensions.--Indictments for violations of this 
        section or adequate evidence of actions that could form the 
        basis for debarment under this subsection shall be considered a 
        cause for suspension under the procedures and standards for 
        suspension prescribed by the Federal Acquisition Regulation.''.
    ``(j) Loss of Federal Share.--Any entity, including a State or 
local government, carrying out a project for which a Federal share of 
finding is provided may not receive the Federal share, or shall be 
required to return the Federal share of funding to the Federal 
Government, if it is determined by the Secretary of Homeland Security 
that the entity is in violation of this section.''.
                                 <all>