; and (ii) after soliciting and considering the views of all such agencies and departments, may refer the matter to the appropriate lead agency to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs, and if so, for what duration and under what scope. (D) Review Any decision to debar a person or entity in accordance with this subsection shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation. (10) Preemption This section preempts any State or local law, ordinance, policy, or rule, including any criminal or civil fine or penalty structure, relating to the hiring, continued employment, or status verification for employment eligibility purposes, of unauthorized aliens, except that a State, locality, municipality, or political subdivision may exercise its authority over business licensing and similar laws as a penalty for failure to use the System as required under this section. (g) Unfair immigration-Related employment practices and the System (1) In general In addition to the prohibitions on discrimination set forth in section 274B, it is an unfair immigration-related employment practice for a person or entity, in the course of utilizing the System— (A) to use the System for screening an applicant before the date of hire; (B) to terminate the employment of an individual or take any adverse employment action with respect to that individual due to a tentative nonconfirmation issued by the System; (C) to use the System to screen any individual for any purpose other than confirmation of identity and employment authorization in accordance with this section; (D) to use the System to verify the identity and employment authorization of a current employee, including an employee continuing in employment, other than for purposes of reverification authorized under subsection (c); (E) to use the System to discriminate based on national origin or citizenship status