I 

111TH CONGRESS 

1ST SESSION H. R. 1668 

To debar or suspend contractors from Federal contracting for unlawful 

employment of aliens, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 23, 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Border Control and 

5 Contractor Accountability Act of 2009’’. 


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1 SEC. 2. DEBARMENT OR SUSPENSION FROM FEDERAL CON2 TRACTING FOR EMPLOYMENT OF ILLEGAL 

3 ALIENS. 

4 (a) REQUIREMENT.—In the case of a contract award5 ed by an Executive agency, if the head of the agency deter6 mines, by a preponderance of the evidence, that the con7 tractor performing the contract directly employed, or had 

8 knowledge of a subcontractor’s employment of, any alien 

9 whose immigration status does not authorize the alien to 

10 be so employed, the head of the agency shall— 

11 (1) debar or suspend the contractor in accord12 ance with the Federal Acquisition Regulation; and 

13 (2) terminate the contract in accordance with 

14 the Federal Acquisition Regulation, unless the con15 tractor or subcontractor, as the case may be, agrees 

16 to terminate the employment of any such alien. 

17 (b) PERIOD OF DEBARMENT OR SUSPENSION.—The 

18 period of debarment or suspension under subsection (a) 

19 shall be 3 years. 

20 (c) ANNUAL REPORT.—The head of each Executive 

21 agency shall submit to Congress each year a report de22 scribing— 

23 (1) the contractors that the agency has 

24 debarred or suspended pursuant to this section; 

25 (2) the contracts that the agency has termi26 nated pursuant to this section; and 


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1 (3) any cost implications of debarments, sus2 pensions, or terminations of contracts referred to in 

3 paragraphs (1) and (2). 

4 (d) DEFINITION.—In this section, the term ‘‘Execu5 tive agency’’ has the meaning provided in section 105 of 

6 title 5, United States Code. 

7 SEC. 3. SMALL BUSINESS ADMINISTRATION LIAISON. 

8 (a) ESTABLISHMENT.—The Secretary of Homeland 

9 Security shall establish the position of Small Business Ad10 ministration Liaison within United States Immigration 

11 and Customs Enforcement. 

12 (b) FUNCTIONS.—The Liaison shall, in consultation 

13 with the Administrator of the Small Business Administra14 tion, ensure that the Small Business Administration does 

15 not make or guarantee a loan to an alien who is unlawfully 

16 present in the United States. 

17 SEC. 4. TRANSPORT OF ALIENS UNLAWFULLY PRESENT IN 

18 THE UNITED STATES. 

19 (a) TRANSPORT.—The Secretary of Homeland Secu20 rity is authorized to enter into contracts with private enti21 ties for the purpose of providing secure domestic transport 

22 of aliens who are apprehended at or along the inter23 national land or maritime borders of the United States 

24 from the custody of the Border Patrol to detention facili25 ties. 


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1 (b) CRITERIA FOR SELECTION.—To enter into a con2 tract under subsection (a), a private entity shall submit 

3 an application to the Secretary at such time, in such man4 ner, and containing such information as the Secretary may 

5 require. The Secretary shall select from such applications 

6 those entities which offer, in the determination of the Sec7 retary, the best combination of quality, lowest cost, and 

8 security. 

9 SEC. 5. PROHIBITION ON DEPARTMENT OF HOMELAND SE10 CURITY FROM CONTRACTING WITH COMPA11 NIES NOT PARTICIPATING IN BASIC PILOT 

12 PROGRAM. 

13 No contract may be awarded by the Department of 

14 Homeland Security to an entity that employs individuals 

15 unless the entity has elected to participate in the basic 

16 pilot program described in section 403(a) of the Illegal 

17 Immigration Reform and Immigrant Responsibility Act of 

18 1996 (8 U.S.C. 1324a note; commonly known as the E19 verify program). 

Æ 


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