[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3638 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3638

   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 HOUSE OF REPRESENTATIVES

                              May 24, 2023

   Mr. Gooden of Texas (for himself, Mr. Tiffany, Mr. Rosendale, Mr. 
 Donalds, Mr. Gosar, Mr. Babin, Mr. Weber of Texas, Mr. Sessions, Mr. 
    Moore of Alabama, Mr. Santos, and Mr. Brecheen) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committees on Oversight and Accountability, and 
   Ways and Means, 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 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 2023''.

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 non-profit entity unless such entity 
        submits to the Director of the Office of Management and Budget 
        a certification that the entity is in compliance with Federal 
        law with respect to human trafficking, alien smuggling, fraud, 
        bribery, or gratuity and 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.--Not later than 60 days 
        after the date of the enactment of this Act, each non-profit 
        entity that is in receipt of awarded Federal funds as of the 
        date of the enactment of this Act, or was awarded Federal funds 
        prior to January 1, 2021, shall submit to the Director of the 
        Office of Management and Budget a certification that the entity 
        is in compliance with Federal law with respect to human 
        trafficking, alien smuggling, fraud, bribery, or gratuity and 
        has not been convicted of an offense under section 274 of the 
        Immigration and Nationality Act (8 U.S.C. 1324). If the entity 
        does not submit the certification, or is determined by the 
        Director of the Office of Management and Budget to have 
        violated section 274 of the Immigration and Nationality Act (8 
        U.S.C. 1324), the entity shall repay any such funds awarded.
    (b) Denial of Tax Exemption.--Section 503 of the Internal Revenue 
Code of 1986 is amended by adding at the end the following new 
subsection:
    ``(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 such organization does not submit the certification required 
        pursuant to section 2(a) of the `Protecting Federal Funds from 
        Human Trafficking and Smuggling Act of 2023', or is determined 
        by the Director of the Office of Management and Budget to have 
        violated section 274 of the Immigration and Nationality Act (8 
        U.S.C. 1324).
            ``(2) Re-application for exemption.--Not sooner than one 
        year after the date on which an organization described in 
        section 501(c) is not exempt pursuant to 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 
        non-profit entities to ensure they are in compliance with 
        Federal law, including how to detect, deter, and report human 
        trafficking and alien smuggling;
            (2) publish on the internet website of the Department of 
        Homeland Security information on violations of any non-profit 
        entity as it pertains to compliance with State and Federal laws 
        with respect to human trafficking, and alien smuggling; and
            (3) develop a written strategy to improve cooperation with 
        non-profit entities, State, and Federal 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 report to Congress on 
each violation by a non-profit entity to certify under subsection (a).
    (e) Applicability.--The requirement under subsection (a) shall 
apply to any non-profit entity awarded Federal funding, including a 
non-profit entity who has an agreement, contract, award, or 
relationship with the Federal Government on the date of the enactment 
of this Act.

SEC. 3. VERIFICATION REQUIREMENT FOR NONPROFIT CHARITABLE 
              ORGANIZATIONS.

    Section 432 of the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1642) is amended by striking 
subsection (d).
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