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 unau-
thorized 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 ‘‘Federal Contract Ac-
countability Act’’. 
SEC. 2. CONTRACTING PROVISIONS RELATING TO UNLAW-
FUL 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: 
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‘‘(i) GOVERNMENT CONTRACTS.— 
‘‘(1) EMPLOYERS.—Whenever an employer who 
does not hold Federal contracts, grants, or coopera-
tive 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 Home-
land Security or the Attorney General shall advise 
the Administrator of General Services of such a de-
barment, and the Administrator of General Services 
shall list the employer on the List of Parties Ex-
cluded from Federal Procurement and Nonprocure-
ment Programs for a period of two years. The Ad-
ministrator of General Services, in consultation with 
the Secretary of Homeland Security and the Attor-
ney 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 
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intention to debar the employer from the receipt of 
new Federal contracts, grants, or cooperative agree-
ments for a period of 2 years. After consideration of 
the views of agencies holding contracts, grants or co-
operative agreements with the employer, the Sec-
retary of Homeland Security may, in lieu of debar-
ring 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 proce-
dures and standards prescribed by the Federal Ac-
quisition Regulation. Any proposed debarment predi-
cated on an administrative determination of liability 
for civil penalty by the Secretary of Homeland Secu-
rity or the Attorney General shall not be reviewable 
in any debarment proceeding. The decision of wheth-
er to debar or take alternative action shall not be ju-
dicially reviewed. 
‘‘(3) SUSPENSIONS.—Indictments for violations 
of this section or adequate evidence of actions that 
could form the basis for debarment under this sub-
section shall be considered a cause for suspension 
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under the procedures and standards for suspension 
prescribed by the Federal Acquisition Regulation.’’. 
‘‘(j) LOSS OF FEDERAL SHARE.—Any entity, includ-
ing 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.’’. 
Æ 
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