I 

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. 

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 ‘‘Federal Contract Ac5 countability Act’’. 

6 SEC. 2. CONTRACTING PROVISIONS RELATING TO UNLAW7 FUL EMPLOYMENT OF ALIENS. 

8 Section 274A of the Immigration and Nationality Act 

9 (8 U.S.C. 1324a) is amended by adding at the end the 

10 following new subsections: 


ccoleman on PROD1PC71 with BILLS
2 

•HR 5505 IH

1 ‘‘(i) GOVERNMENT CONTRACTS.— 

2 ‘‘(1) EMPLOYERS.—Whenever an employer who 

3 does not hold Federal contracts, grants, or coopera4 tive agreements is determined by the Secretary of 

5 Homeland Security to be a repeat violator of this 

6 section, or is convicted of a crime under this section, 

7 the employer shall be debarred from the receipt of 

8 Federal contracts, grants, or cooperative agreements 

9 for a period of two years. The Secretary of Home10 land Security or the Attorney General shall advise 

11 the Administrator of General Services of such a de12 barment, and the Administrator of General Services 

13 shall list the employer on the List of Parties Ex14 cluded from Federal Procurement and Nonprocure15 ment Programs for a period of two years. The Ad16 ministrator of General Services, in consultation with 

17 the Secretary of Homeland Security and the Attor18 ney General, may waive operation of this subsection 

19 or may limit the duration or scope of the debarment. 

20 ‘‘(2) CONTRACTORS AND RECIPIENTS.—Prior to 

21 debarring an employer under paragraph (1), the 

22 Secretary of Homeland Security, in cooperation with 

23 the Administrator of General Services, shall advise 

24 all agencies holding contracts, grants, or cooperative 

25 agreements with the employer of the Government’s 


ccoleman on PROD1PC71 with BILLS
3 

•HR 5505 IH

1 intention to debar the employer from the receipt of 

2 new Federal contracts, grants, or cooperative agree3 ments for a period of 2 years. After consideration of 

4 the views of agencies holding contracts, grants or co5 operative agreements with the employer, the Sec6 retary of Homeland Security may, in lieu of debar7 ring the employer from the receipt of new Federal 

8 contracts, grants, or cooperative agreements for a 

9 period of 2 years, waive operation of this subsection, 

10 limit the duration or scope of the debarment, or 

11 refer to an appropriate lead agency the decision of 

12 whether to debar the employer, for what duration, 

13 and under what scope in accordance with the proce14 dures and standards prescribed by the Federal Ac15 quisition Regulation. Any proposed debarment predi16 cated on an administrative determination of liability 

17 for civil penalty by the Secretary of Homeland Secu18 rity or the Attorney General shall not be reviewable 

19 in any debarment proceeding. The decision of wheth20 er to debar or take alternative action shall not be ju21 dicially reviewed. 

22 ‘‘(3) SUSPENSIONS.—Indictments for violations 

23 of this section or adequate evidence of actions that 

24 could form the basis for debarment under this sub25 section shall be considered a cause for suspension 


ccoleman on PROD1PC71 with BILLS
4 

•HR 5505 IH

1 under the procedures and standards for suspension 

2 prescribed by the Federal Acquisition Regulation.’’. 

3 ‘‘(j) LOSS OF FEDERAL SHARE.—Any entity, includ4 ing a State or local government, carrying out a project 

5 for which a Federal share of finding is provided may not 

6 receive the Federal share, or shall be required to return 

7 the Federal share of funding to the Federal Government, 

8 if it is determined by the Secretary of Homeland Security 

9 that the entity is in violation of this section.’’. 

Æ 


ccoleman on PROD1PC71 with BILLS