Border Control and Contractor Accountability Act of 2009

Border Control and Contractor Accountability Act of 2009 - Requires a federal contractor who employs directly or through a subcontractor an alien who is not authorized to work to: (1) be debarred or suspended from federal contracting for three years; and (2) have the contract terminated unless the contractor or subcontractor agrees to terminate the employment of any such alien.

Directs the Secretary of Homeland Security to establish the position of Small Business Administration Liaison within United States Immigration and Customs Enforcement to ensure that the Small Business Administration (SBA) does not make or guarantee a loan to an alien who is unlawfully present in the United States.

Authorizes the Secretary to contract with private entities for domestic transport from Border Patrol custody to detention facilities of aliens apprehended at or along U.S. international land or maritime borders.

Prohibits the Department of Homeland Security (DHS) from contracting with a company that employs individuals unless the company has elected to participate in the basic pilot employment confirmation program (the E-verify program).

[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 1668 Introduced in House (IH)]

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.

    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 2009''.

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 
United States 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 of the United States 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 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).
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