[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3653 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 3653
To direct the Director of the Office of Management and Budget to
require the disclosure of violations of Federal law with respect to
human trafficking or alien smuggling, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 15, 2022
Mr. Kennedy introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To direct the Director of the Office of Management and Budget to
require the disclosure of violations of Federal law with respect to
human trafficking or alien smuggling, 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 ``Protecting Federal Funds from Human
Trafficking and Smuggling Act of 2022''.
SEC. 2. MANDATORY DISCLOSURES OF HUMAN TRAFFICKING AND ALIEN SMUGGLING.
(a) Limitation on Award of Federal Funds.--
(1) Future recipients.--Beginning not later than 120 days
after the date of the enactment of this Act, no Federal funds
may be awarded to a nonprofit entity unless such entity submits
to the Director of the Office of Management and Budget a
certification that the entity--
(A) is in compliance with Federal law with respect
to human trafficking, alien smuggling, fraud, bribery,
and gratuity; and
(B) has not been convicted of an offense under
section 274 of the Immigration and Nationality Act (8
U.S.C. 1324).
(2) Current and prior recipients.--
(A) In general.--Not later than 60 days after the
date of the enactment of this Act, each nonprofit
entity that is in receipt of awarded Federal funds as
of the date of the enactment of this Act, or was
awarded Federal funds before January 1, 2021, and
remains engaged in the activities for which such
Federal funds were awarded, shall submit to the
Director of the Office of Management and Budget a
certification that the entity--
(i) is in compliance with Federal law with
respect to human trafficking, alien smuggling,
fraud, bribery, and gratuity; and
(ii) has not been convicted of an offense
under section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324).
(B) Effect of noncompliance.--If an entity referred
to in subparagraph (A) does not submit the
certification required under such subparagraph before
the date referred to in such subparagraph, or the
Director of the Office of Management and Budget
determines that the entity has violated section
274(a)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1324(a)(1)(A)), the entity shall reimburse the
Federal Government for any Federal funds the entity
received for the fiscal year in which such
noncompliance occurred.
(b) Denial of Tax Exemption.--Section 503 of the Internal Revenue
Code of 1986 is amended by adding at the end the following:
``(g) Denial of Exemption for Not Meeting Certain Certification
Requirement.--
``(1) In general.--An organization described in section
501(c) shall not be exempt from taxation under section 501(a)
if--
``(A) such organization does not submit the
certification required under section 2(a) of the
Protecting Federal Funds from Human Trafficking and
Smuggling Act of 2022; or
``(B) the Director of the Office of Management and
Budget determines that such organization has violated
section 274 of the Immigration and Nationality Act (8
U.S.C. 1324).
``(2) Re-application for exemption.--Beginning on the date
that is one year after the date on which an organization
described in section 501(c) is determined not to be exempt
under paragraph (1), such organization may reapply to be exempt
from taxation under section 501(a).''.
(c) Reporting Requirement.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Homeland Security
shall--
(1) develop a written strategy and best practices guide for
nonprofit entities to ensure the entities comply with Federal
law, including how to detect, deter, and report human
trafficking and alien smuggling;
(2) publish, on an internet website of the Department of
Homeland Security, information regarding violations of any
nonprofit entity that pertains to compliance with Federal and
State laws involving human trafficking and alien smuggling; and
(3) develop a written strategy to improve cooperation with
nonprofit entities and Federal and State law enforcement
agencies with respect to improving cooperation on deterring,
detecting, reporting, and removing aliens.
(d) Report by Comptroller General.--Not later than 180 days after
the date of the enactment of this Act, and annually thereafter, the
Comptroller General of the United States shall submit a report to
Congress that identifies each failure by a nonprofit entity to comply
with the certification requirement under subsection (a) during the
reporting period.
(e) Applicability.--The requirement under subsection (a) shall
apply to any nonprofit entity awarded Federal funding, including any
nonprofit entity that has an agreement, contract, award, or
relationship with the Federal Government on the date of the enactment
of this Act.
<all>