109 HR 5505 IH: Federal Contract Accountability U.S. House of Representatives 2006-05-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 5505 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.

1.

Short title

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

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. .