,i #aaith ,,congress #b;d ,session ,h4 ,r4 #gibc ,,in ,,the ,,house ,,of ,,representatives ,march #ab1 #bjbf,mr4 ,stauber introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,education and ,workforce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,child ,care and ,development ,block ,grant ,act of #aiij to debar child care providers who commit fraud from receiving certain financial assistance1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,fraud by ,strengthening ,oversight and ,more ,accountability for ,lying and ,illegal ,activity ,act or the ,stop ,fraud by ,,somalia ,act4 #b4 ,noncompliance due to fraud ,section #feh;,i7b7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;g7b77 is amended-- 7#a7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 ,noncompliance due to fraud 7,a7 ,definition ,in this paragraph1 the term final determination of fraud means a judicial decision or administrative order1 for which all rights to appeal have been exhausted or waived1 that determines that a child care provider-- 7i7 knowingly submitted a false statement or documentation to obtain funds appropriated under any authority and available under this subchapter2 7ii7 misrepresented ownership of1 enrollment at1 attendance at1 or services provided through a program of child care services1 or the eligibility of the provider to provide such a program1 to obtain such funds2 7iii7 to obtain such funds1 operated without ,state licensing that is required under section #feh;,e7c77#b77;,f72 7iv7 made a knowing and improper expenditure of such funds2 or 7v7 engaged in any other conduct related to such funds that constituted fraud under ,federal or ,state law4 7,b7 ,reimbursement ,if the ,secretary finds that there has been a final determination of fraud by a child care provider that received funds described in subparagraph 7,a77i7 from a ,state1 the ,secretary shall notify the ,state of the finding and shall require that the ,state reimburse the ,secretary for the financial assistance that was the subject of the determination of fraud 7referred to in this paragraph as financial assistance obtained through fraud71 that the ,secretary deduct from the administrative portion of the ,state allotment for the following fiscal year an amount that is less than or equal to the financial assistance obtained through fraud1 or a combination of such options4 7,c7 ,additional sanctions ,if the ,secretary makes a finding described in subparagraph 7,b71 the ,secretary may1 in addition to imposing the sanctions described in such subparagraph1 impose other appropriate sanctions1 including recoupment of money improperly expended for purposes prohibited or not authorized by this subchapter1 and disqualification from the receipt of financial assistance under this subchapter4 7,d7 ,mandatory permanent debarment 7i7 ,debarment ,if the ,secretary makes a finding described in subparagraph 7,b71 the ,secretary shall permanently debar the provider from participating in1 or receiving financial assistance under1 any ,federal child care assistance program funded in whole or in part by the ,department of ,health and ,human ,services4 7ii7 ,no reinstatement ,no person may waive1 reverse1 or reduce the period or scope of a debarment made under clause 7i74 ,no child care provider1 subject to such a debarment1 may regain eligibility to participate in or receive financial assistance under a program described in clause 7i7 by changing the name of the provider or the program offered by the provider1 by reorganizing1 by merging with another entity1 or by repaying the financial assistance that is the subject of the final determination of fraud4 7iii7 ,state compliance ,a ,state that receives funds described in subparagraph 7,a77i7 shall deny such participation1 and such financial assistance1 to any child care provider debarred under clause 7i74 7,e7 ,mandatory referral for ,federal criminal investigation and prosecution ,if a debarment made under subparagraph 7,d7 is based on an administrative order1 the ,secretary shall refer the matter1 including the administrative record containing the final determination of fraud1 the order1 and any supporting documentation1 to the ,attorney ,general to initiate a ,federal criminal investigation and1 if warranted1 prosecution for fraud under chapter #dg of title #ah1 ,united ,states ,code4 4 #c4 ,inadmissibility for alien child care providers who commit fraud ,section #bab7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77 is amended-- 7#a7 by redesignating subparagraph 7,f7 as subparagraph 7,j71 and moving the redesignated subparagraph so it appears after subparagraph 7,i72 and 7#b7 by inserting after subparagraph 7,e7 the following3 7,f7 ,fraud ,any alien child care provider who has been permanently debarred as a child care provider1 based on a final determination of fraud1 under section #feh;,i7b77#c77;,d7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;g7b77#c77;,d774 4 #d4 ,inadmissibility for alien child care providers who provide support to terrorists ,section #bab7;a77#c77;,b77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,b77i77 is amended-- 7#a7 in subclause 7,,viii71 by striking or at the end2 7#b7 by redesignating subclause 7,,ix7 as subclause 7,,xi72 7#c7 by inserting after subclause 7,,viii7 the following3 7,,ix7 7aa7 has been permanently debarred as a child care provider1 based on a final determination of fraud1 under section #feh;,i7b77#c77;,d7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;g7b77#c77;,d772 and 7bb7 the ,attorney ,general1 the ,secretary of ,state1 or the ,secretary of ,homeland ,security has determined has received funds as a child care provider that were used to support any terrorist organization1 including ,al-,shabaab1 or any individual engaged in terrorist activity2 7,x7 is an officer1 official1 representative1 spokesperson1 or member of1 or is in any way associated with-- 7aa7 the ,palestine ,liberation ,organization2 or 7bb7 al-,shabaab 7including any other alias for al-,shabaab72 or 2 and 7#d7 by striking the undesignated matter at the end4 #e4 ,removability1 and ineligibility for asylum and adjustment of status1 for alien child care providers who commit fraud 7a7 ,deportability ,section #bcg7;a77#b77;,a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#b77;,a77 is amended-- 7#a7 by redesignating clause 7vi7 as clause 7vii72 7#b7 by inserting after clause 7v7 the following3 7vi7 ,any alien who has been permanently debarred as a child care provider1 based on a final determination of fraud1 under section #feh;,i7b77#c77;,d7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;g7b77#c77;,d771 is deportable4 2 and 7#c7 in clause 7vii71 as redesignated1 by striking and 7iv7 and inserting 7iv71 and 7vi74 7b7 ,ineligibility for asylum 7#a7 ,in general ,section #bjh of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeh71 is amended-- 7,a7 in subsection 7a77#b7-- 7i7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 and 7ii7 by inserting after subparagraph 7,d7 the following3 7,e7 ,paragraph 7#a7 shall not apply to an alien who has been permanently debarred as a child care provider1 based on a final determination of fraud1 under section #feh;,i7b77#c77;,d7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;g7b77#c77;,d774 2 and 7,b7 in subsection 7b77#b77;,a7-- 7i7 in clause 7v71 by striking or at the end2 7ii7 by redesignating clause 7vi7 as clause 7vii72 and 7iii7 by inserting after clause 7v7 the following3 7vi7 the alien has been permanently debarred as a child care provider1 based on a final determination of fraud1 under section #feh;,i7b77#c77;,d7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;g7b77#c77;,d774 4 7#b7 ,conforming amendment ,section #caf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #adbg7;f77#a77 is amended1 in the second proviso1 by striking clauses 7i7 through 7v7 and inserting clauses 7i7 through 7vi74 7c7 ,ineligibility for adjustment of status ,section #bde7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abee7;c771 is amended-- 7#a7 in paragraph 7#g71 by striking 2 or and inserting a semicolon2 and 7#b7 by striking the period at the end and inserting 2 or 7#i7 any alien who has been permanently debarred as a child care provider1 based on a final determination of fraud1 under section #feh;,i7b77#c77;,d7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;g7b77#c77;,d7744 7d7 ,exclusion from finding of good moral character ,section #aja7;f7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;f77 is amended by inserting after paragraph 7#a7 the following3 7#b7 a person who has been permanently debarred as a child care provider1 based on a final determination of fraud1 under section #feh;,i7b77#c77;,d7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;g7b77#c77;,d772 4 #f4 ,mandatory detention and expedited removal 7a7 ,expedited removal of inadmissible alien child care providers ,section #bce of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe71 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e72 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,removal of aliens inadmissible due to child care provider fraud 7#a7 ,removal without further hearing ,if an immigration officer or an immigration judge suspects that an arriving alien or an applicant for admission may be inadmissible under section #bab7;a77#b77;,f71 the officer or judge shall-- 7,a7 order the alien removed1 subject to review under paragraph 7#b72 7,b7 report the order of removal to the ,secretary of ,state1 the ,attorney ,general1 or a designee of the ,secretary or ,attorney ,general2 and 7,c7 refrain from conducting any further inquiry or hearing with respect to such alien until ordered to do so by the ,secretary1 the ,attorney ,general1 or a designated senior official4 7#b7 ,review of order 7,a7 ,in general ,the ,secretary of ,homeland ,security1 the ,attorney ,general1 or a designee of the ,secretary or ,attorney ,general shall review each order issued pursuant to paragraph 7#a77;,a74 7,b7 ,expedited removal ,if the ,secretary1 the ,attorney ,general1 or a designee determines that the alien who is the subject of such order is inadmissible under section #bab7;a77#b77;,f71 the ,secretary or the ,attorney ,general may order the alien removed without further inquiry or hearing4 7,c7 ,further inquiry ,if the ,secretary or the ,attorney ,general does not order the removal of the alien pursuant to subparagraph 7,b71 the ,secretary1 the ,attorney ,general1 or a designee may determine the scope of further administrative inquiry or hearing that may be conducted with respect to such alien4 7#c7 ,submission of statement and information ,each alien who is the subject of a removal order under this subsection1 or the alien's representative1 may submit a written statement and additional information for consideration by the ,secretary of ,homeland ,security1 the ,attorney ,general1 or a designee of the ,secretary or the ,attorney ,general4 4 7b7 ,mandatory detention for convicted alien child-,care providers ,section #bcf7;c77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;c77#a77;,b771 is amended by striking offense covered in section #bcg7;a77#b77;,a77ii71 7,a77iii71 7,b71 7,c71 or 7,d71 and inserting described in subparagraph 7,a77ii71 7,a77iii71 7,a77vi71 7,b71 7,c71 or 7,d7 of section #bcg7;a77#b724 7c7 ,expedited removal for incarcerated alien child-,care providers ,section #bch of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbh7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking any criminal offense covered in section #bda7;a77#b77;,a77iii71 7,b71 7,c71 or 7,d71 or any offense covered by section #bda7;a77#b77;,a77ii7 for which both predicate offenses are1 without regard to the date of their commission1 otherwise covered by section #bda7;a77#b77;,a77i7 and inserting any criminal offense described in subparagraph 7,a77iii71 7,a77vi71 7,b71 7,c71 or 7,d7 of section #bcg1 or any offense described in section #bcg7;a77#b77;,a77ii7 for which both predicate offenses are1 without regard to the date of their commission1 otherwise described in section #bcg7;a77#b77;,a77i72 and 7,b7 in paragraph 7#b71 by inserting 1 or an alien who has been permanently debarred as a child care provider1 based on a final determination of fraud1 under section #feh;,i7b77#c77;,b7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;g7b77#c77;,b771 after aggravated felony2 7#b7 in subsection 7b71 by inserting or under section #bcg7;a77#b77;,a77vi7 7relating to a conviction for child-care provider fraud7 after aggravated felony72 and 7#c7 by redesignating the second subsection 7c7 7previously so designated by section #fga7;b77#ac7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh77 as subsection 7d74 #g4 ,exemption from ,paperwork ,reduction ,act and the ,administrative ,procedure ,act 7a7 ,paperwork ,reduction ,act ,nothing in this ,act may be construed to require the ,secretary of ,health and ,human ,services1 ,secretary of ,homeland ,security1 or ,attorney ,general to comply with the requirements of chapter #ce of title #dd1 ,united ,states ,code 7commonly referred to as the ,paperwork ,reduction ,act7 to implement the provisions of sections #c through #f of this ,act1 if the ,secretary of ,health and ,human ,services1 ,secretary of ,homeland ,security1 or ,attorney ,general1 respectively1 determines that compliance would impede the immediate implementation of this ,act or the amendments made by this ,act4 7b7 ,administrative ,procedure ,act ,nothing in this ,act may be construed to require the ,secretary of ,health and ,human ,services1 ,secretary of ,homeland ,security1 or ,attorney ,general to promulgate regulations under subchapter ,,ii of chapter #e of title #e1 ,united ,states ,code 7commonly referred to as the ,administrative ,procedure ,act71 if the ,secretary of ,health and ,human ,services1 ,secretary of ,homeland ,security1 or ,attorney ,general1 respectively1 determines that promulgation would impede the immediate implementation of this ,act or the amendments made by this ,act4 #h4 ,construction2 severability ,any provision of this ,act or an amendment made by this ,act held to be invalid or unenforceable by its terms1 or as applied to any person or circumstance1 shall be construed so as to give it the maximum effect permitted by law1 unless such holding shall be utterly invalid or unenforceable1 in which event such provision shall be deemed severable from this ,act or the ,act amended1 respectively and shall not affect the remainder of this ,act or the ,act amended1 respectively1 or the application of such provision to other persons not similarly situated or to other1 dissimilar circumstances4 #i4 ,effective date2 applicability 7a7 ,in general ,except as provided in subsection 7b71 this ,act and the amendments made by this ,act shall take effect on the date of enactment of this ,act4 7b7 ,applicability ,the amendments made by sections #c through #f of this ,act shall apply to any conduct by an alien that constituted fraud and was committed on or after ,september #cj1 #aiif1 against any private individual1 fund1 corporation1 or government entity1 for which the alien has not yet been arrested1 charged1 or indicted as of the date of the enactment of this ,act4