I 111th CONGRESS 1st Session H. R. 1555 IN THE HOUSE OF REPRESENTATIVES March 17, 2009 Ms. Ginny Brown-Waite of Florida introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To debar or suspend contractors from Federal contracting for unlawful employment of aliens, and for other purposes.

1.

Short title

This Act may be cited as the Border Control and Contractor Accountability Act of 2009.

2.

Debarment or suspension from Federal contracting for employment of illegal aliens

(a)

Requirement

In the case of a contract awarded by an Executive agency, if the head of the agency determines, by a preponderance of the evidence, that the contractor performing the contract directly employed, or had knowledge of a subcontractor’s employment of, any alien whose immigration status does not authorize the alien to be so employed, the head of the agency shall— (1)debar or suspend the contractor in accordance with the Federal Acquisition Regulation; and (2)terminate the contract in accordance with the Federal Acquisition Regulation, unless the contractor or subcontractor, as the case may be, agrees to terminate the employment of any such alien. (b)

Period of debarment or suspension

The period of debarment or suspension under subsection (a) shall be 3 years. (c)

Annual report

The head of each Executive agency shall submit to Congress each year a report describing— (1)the contractors that the agency has debarred or suspended pursuant to this section; (2)the contracts that the agency has terminated pursuant to this section; and (3)any cost implications of debarments, suspensions, or terminations of contracts referred to in paragraphs (1) and (2). (d)

Definition

In this section, the term Executive agency has the meaning provided in section 105 of title 5, United States Code.

3.

Small Business Administration Liaison

(a)

Establishment

The Secretary of Homeland Security shall establish the position of Small Business Administration Liaison within United States Immigration and Customs Enforcement. (b)

Functions

The Liaison shall, in consultation with the Administrator of the Small Business Administration, ensure that the Small Business Administration does not make or guarantee a loan to an alien who is unlawfully present in the United States.

4.

Transport of aliens unlawfully present in the United States

(a)

Transport

The Secretary of Homeland Security is authorized to enter into contracts with private entities for the purpose of providing secure domestic transport of aliens who are apprehended at or along the international land or maritime borders of the United States from the custody of the Border Patrol to detention facilities. (b)

Criteria for selection

To enter into a contract under subsection (a), a private entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The Secretary shall select from such applications those entities which offer, in the determination of the Secretary, the best combination of quality, lowest cost, and security.

5.

Prohibition on Department of Homeland Security from contracting with companies not participating in basic pilot program

No contract may be awarded by the Department of Homeland Security to an entity that employs individuals unless the entity agrees to elect to participate in the basic pilot program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).