Grant Integrity and Border Security Act

#245 | HR Congress #119

Policy Area: Immigration
Subjects:

Last Action: Referred to the House Committee on Oversight and Government Reform. (1/9/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Grant Integrity and Border Security Act" is a piece of proposed legislation that mandates applicants for federal grants to certify that they are not in violation of certain immigration laws, specifically Section 274(a) of the Immigration and Nationality Act, which pertains to the illegal bringing in and harboring of aliens.

Key provisions of the legislation include:

1. **Certification Requirement**: All applicants for federal grants must provide a certification confirming that they have not violated the specified immigration law in the past ten years, are not currently in violation, and will not violate it during the grant term.

2. **Withholding of Funds**: Federal agencies are authorized to withhold grant funds if they determine that a grantee has violated this requirement. This determination can be based on information from the Department of Homeland Security, admissions or convictions of employees related to immigration violations, or other credible information.

3. **Reporting Obligations**: The Attorney General is required to report to the Director of the Office of Management and Budget information regarding any individuals convicted of or admitting to violations of the relevant immigration law within 90 days.

Overall, the legislation aims to enhance the integrity of federal grant programs by ensuring that grantees comply with specific immigration laws, thereby reinforcing border security efforts.

Possible Impacts

Here are three examples of how the "Grant Integrity and Border Security Act" could affect people:

1. **Impact on Nonprofits and Community Organizations**: Many nonprofits and community organizations that rely on federal grants for funding may face increased scrutiny regarding their hiring practices and compliance with immigration laws. If any employees or board members have been found in violation of section 274(a) of the Immigration and Nationality Act, the organization may be disqualified from receiving federal grants, which could lead to decreased funding and resources for community services, such as education, healthcare, or housing assistance.

2. **Increased Compliance Burdens**: Individuals and organizations applying for federal grants will need to ensure stringent compliance with immigration regulations regarding the hiring and employment of aliens. This could lead to added administrative burdens as applicants must gather documentation and certifications to prove their compliance, potentially diverting time and resources away from their primary missions or projects.

3. **Potential for Increased Legal Consequences**: The legislation creates a framework for withholding federal grant funds if any violation of immigration laws is established. This could create a chilling effect, where organizations become overly cautious and may avoid hiring individuals with immigrant backgrounds or those who might be perceived as a risk of violating immigration laws. This could lead to discrimination against certain groups and limit employment opportunities for qualified individuals based on their immigration status or perceived risk.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 245 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 245

To require any applicant for a Federal grant to submit a certification 
   that such applicant is not in violation of section 274(a) of the 
        Immigration and Nationality Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 9, 2025

   Ms. Foxx (for herself, Mr. Sessions, Mr. Moolenaar, Mr. Green of 
  Tennessee, and Mr. McCaul) introduced the following bill; which was 
      referred to the Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL


 
To require any applicant for a Federal grant to submit a certification 
   that such applicant is not in violation of section 274(a) of the 
        Immigration and Nationality Act, 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 ``Grant Integrity and Border Security 
Act''.

SEC. 2. FEDERAL GRANT REQUIREMENT RELATED TO THE BRINGING IN AND 
              HARBORING OF CERTAIN ALIENS.

    (a) Requirement.--The head of each agency shall require that any 
applicant for a Federal grant submit a certification that such 
applicant has not violated in the previous 10 years, is not in 
violation of, and will not violate during the term of the grant section 
274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)).
    (b) Authority To Withhold Funds.--The head of the relevant agency 
shall withhold any funds from a grantee determined by the head of an 
agency to be in violation of this section for a Federal grant. Such 
determination may be made based on the following:
            (1) Any information provided by the Secretary of Homeland 
        Security and the Director to the head of the agency.
            (2) Any employee or former employee of the recipient of a 
        Federal grant who is convicted of or admits to having committed 
        a violation of section 274(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1324(a)) while performing official 
        duties for that grantee.
            (3) Any other credible information received by the head of 
        the agency.
    (c) Information on Conviction.--Not later than 90 days after the 
date of conviction, admission to a violation, or completion of an 
investigation under section 274(a) of the Immigration and Nationality 
Act (8 U.S.C. 1324(a)), the Attorney General shall submit to the 
Director information relating to any individual who was convicted or 
admitted to a violation under such section, or regarding whom the 
Attorney General otherwise believes there to be a reasonable basis to 
conclude that a violation of such section occurred.
    (d) Definitions.--In this section:
            (1) Agency.--The term ``agency'' has the meaning given that 
        term in section 551 of title 5, United States Code.
            (2) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (3) Federal grant.--The term ``Federal grant'' has the 
        meaning given the term ``Federal award'' in section 6401 of 
        title 31, United States Code.
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