HR 3496
110th CONGRESS
1st Session
H. R. 3496
To debar or suspend contractors from Federal contracting for unlawful
employment of aliens, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
September 7, 2007
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.
Be it enacted by the Senate and House of Representatives 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 2007'.
SEC. 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.
SEC. 3. SMALL BUSINESS ADMINISTRATION LIAISON.
(a) Establishment- The Secretary of Homeland Security shall establish the
position of Small Business Administration Liaison within U.S. 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.
SEC. 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 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.
SEC. 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).
END
