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 sub-
sequently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Border Control and 
Contractor Accountability Act of 2009’’. 
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SEC. 2. DEBARMENT OR SUSPENSION FROM FEDERAL CON-
TRACTING FOR EMPLOYMENT OF ILLEGAL 
ALIENS. 
(a) REQUIREMENT.—In the case of a contract award-
ed by an Executive agency, if the head of the agency deter-
mines, by a preponderance of the evidence, that the con-
tractor 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 accord-
ance with the Federal Acquisition Regulation; and 
(2) terminate the contract in accordance with 
the Federal Acquisition Regulation, unless the con-
tractor 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 de-
scribing— 
(1) the contractors that the agency has 
debarred or suspended pursuant to this section; 
(2) the contracts that the agency has termi-
nated pursuant to this section; and 
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(3) any cost implications of debarments, sus-
pensions, or terminations of contracts referred to in 
paragraphs (1) and (2). 
(d) DEFINITION.—In this section, the term ‘‘Execu-
tive agency’’ has the meaning provided in section 105 of 
title 5, United States Code. 
SEC. 3. SMALL BUSINESS ADMINISTRATION LIAISON. 
(a) ESTABLISHMENT.—The Secretary of Homeland 
Security shall establish the position of Small Business Ad-
ministration Liaison within United States Immigration 
and Customs Enforcement. 
(b) FUNCTIONS.—The Liaison shall, in consultation 
with the Administrator of the Small Business Administra-
tion, ensure that the Small Business Administration does 
not make or guarantee a loan to an alien who is unlawfully 
present in the United States. 
SEC. 4. TRANSPORT OF ALIENS UNLAWFULLY PRESENT IN 
THE UNITED STATES. 
(a) TRANSPORT.—The Secretary of Homeland Secu-
rity is authorized to enter into contracts with private enti-
ties for the purpose of providing secure domestic transport 
of aliens who are apprehended at or along the inter-
national land or maritime borders of the United States 
from the custody of the Border Patrol to detention facili-
ties. 
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(b) CRITERIA FOR SELECTION.—To enter into a con-
tract under subsection (a), a private entity shall submit 
an application to the Secretary at such time, in such man-
ner, 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 Sec-
retary, the best combination of quality, lowest cost, and 
security. 
SEC. 5. PROHIBITION ON DEPARTMENT OF HOMELAND SE-
CURITY FROM CONTRACTING WITH COMPA-
NIES 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 has elected 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; commonly known as the E- 
verify program). 
Æ 
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