Bill Summary
This bill, known as the "Protecting Federal Funds from Human Trafficking and Smuggling Act of 2025," aims to ensure that non-profit entities receiving federal funds are in compliance with federal law regarding human trafficking and alien smuggling. It requires these entities to submit certifications to the Director of the Office of Management and Budget, stating that they have not been convicted of any offenses related to these crimes. Non-profit entities that do not submit the certification or are found to be in violation of the law will be required to repay any awarded funds. The bill also mandates that the Department of Homeland Security develop a strategy and best practices guide for non-profit entities to prevent and report human trafficking and alien smuggling, and improve cooperation with law enforcement agencies. The Comptroller General is also required to report any violations by non-profit entities to Congress. This bill applies to all non-profit entities that receive federal funding, including those with existing agreements or contracts with the government. It also removes a verification requirement for non-profit charitable organizations.
Possible Impacts
1. Non-profit organizations that receive federal funding will be required to certify that they are in compliance with federal law regarding human trafficking and alien smuggling. This could affect their ability to receive funding and potentially impact their operations and services.
2. Non-profit organizations that are found to be in violation of federal law regarding human trafficking and alien smuggling will be required to repay any federal funds they received. This could have financial repercussions for the organization and potentially hinder their ability to continue their work.
3. The Department of Homeland Security will develop a strategy and best practices guide for non-profit organizations to detect, deter, and report instances of human trafficking and alien smuggling. This could increase the burden on non-profit organizations to actively monitor and report any relevant activities, potentially taking time and resources away from their main mission and services.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1168 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 1168
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
February 10, 2025
Mr. Gooden (for himself, Mr. Biggs of Arizona, Mr. Gill of Texas, Ms.
Mace, Mr. Weber of Texas, Mr. Gosar, Mr. Ellzey, Mr. Ogles, Mr. Rose,
and Mr. Haridopolos) introduced the following bill; which was referred
to the Committee on the Judiciary, and in addition to the Committees on
Oversight and Government Reform, 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 2025''.
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, 2025, 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 2025', 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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