Overview
Title
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.
ELI5 AI
The bill says that if someone wants to get money from the government, they have to promise they haven't done certain bad things related to helping people enter the country illegally in the last ten years and won't do those things while using the money. If they break the rules, the government can stop giving them money.
Summary AI
H.R. 8334, known as the “Grant Integrity and Border Security Act,” requires individuals applying for Federal grants to certify that they have not violated section 274(a) of the Immigration and Nationality Act, which pertains to the illegal bringing in and harboring of certain aliens, in the past ten years and will not do so during the grant term. If a grantee is found in violation, the agency head can withhold funds based on information from Homeland Security or credible sources. The Attorney General must provide details on any convictions or reasonable suspicions of violations concerning this section. The bill aims to ensure that applicants involved in such acts do not receive federal funds.
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AnalysisAI
General Summary of the Bill
The "Grant Integrity and Border Security Act" is a bill introduced to the United States Congress that aims to tighten regulations concerning federal grant applicants regarding U.S. immigration laws. Specifically, the bill mandates that any applicant for a federal grant submits a certification confirming they have not, do not, and will not violate section 274(a) of the Immigration and Nationality Act. This section of the law addresses the illegal act of bringing in or harboring certain unauthorized immigrants.
If a grant recipient or their employees are found to be in violation, federal agencies are empowered to withhold grant funds based on credible information of such violations. The bill also outlines the role of the Attorney General in reporting any convictions or credible suspicions of violations related to this section to the Director of the Office of Management and Budget.
Summary of Significant Issues
Several key issues arise from the provisions in this bill:
Administrative Burden: The certification requirement might impose a significant administrative burden, particularly on smaller organizations seeking federal grants. These entities may face increased costs and complexity in compliance, potentially dissuading them from applying for needed support.
Ambiguity of 'Credible Information': The bill allows agencies to withhold funds based on 'credible information' of a violation, yet this term is not clearly defined. This may result in varied interpretations and inconsistent enforcement across different agencies.
Employee Accusations and Misuse: The potential for grant funds to be withheld based on violations reported by employees or former employees could lead to situations where personal grievances or misaligned motivations result in false accusations impacting organizations unfairly.
Lack of Appeal Process: The bill does not establish a clear mechanism for grant applicants or recipients to appeal or review decisions if funds are withheld, leaving them potentially vulnerable to bureaucratic overreach without recourse.
Subjectivity in Reporting Standards: The phrase 'reasonable basis to conclude' used by the Attorney General for reporting potential violations can be interpreted subjectively, leading to possible inconsistencies in enforcement or reporting standards.
Impact on the Public and Specific Stakeholders
Broadly, this bill could impact a wide range of entities that apply for federal grants, including nonprofit organizations, educational institutions, and municipal bodies. By imposing additional certification requirements, it could potentially raise barriers to entry for federal funding and affect the ability of organizations to carry out projects benefiting the public.
Specific stakeholders such as smaller nonprofits might feel the most significant adverse impact due to limited resources to manage compliance. This could lead to a reduction in innovative community programs that rely on federal support. Conversely, proponents might argue that the bill strengthens national security by ensuring federal funds are not indirectly supporting activities that violate immigration laws.
Agencies tasked with administering federal grants will also see an increased burden as they must assess compliance and manage potential withholding of funds. This could divert resources from the primary purpose of managing and distributing federal assistance.
In summary, while the bill seeks to enforce immigration laws through grant certifications, the implications in terms of administrative complexity, potential for inconsistencies, and the risk of unfair penalties could pose significant challenges for certain stakeholders.
Issues
The requirement for a certification regarding violations of section 274(a) of the Immigration and Nationality Act may be overly burdensome, especially for smaller organizations applying for Federal grants, potentially leading to increased administrative costs. (Section 2(a))
There is potential for ambiguity in what constitutes 'credible information' that allows the head of an agency to withhold grant funds, which may lead to inconsistent application across agencies. (Section 2(b)(3))
The determination of grant violation based on information from employees or former employees could lead to misuse or false accusations affecting grant holders unfairly. (Section 2(b)(2))
There is no clear appeal or review process outlined for applicants or grantees who have their funds withheld due to a determination made under this section. (Section 2(b))
The term 'reasonable basis to conclude' used by the Attorney General for reporting violations is subjective and may result in inconsistent enforcement or reporting standards. (Section 2(c))
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the Act specifies that it will be known as the "Grant Integrity and Border Security Act."
2. Federal grant requirement related to the bringing in and harboring of certain aliens Read Opens in new tab
Summary AI
The section establishes a rule that agencies must require grant applicants to certify they have not and will not violate laws against harboring certain unauthorized immigrants. If a grantee is found to have violated these laws, the agency can withhold grant funds based on credible information, and the Attorney General must provide relevant conviction information to the Office of Management and Budget Director.