,,ii  #aaith ,,congress  #b;d ,session  
,s4 #cfeb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,january #ae1  
#bjbf,mr4 ,cotton introduced the        
following bill2 which was read twice and
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to enhance      
criminal penalties for welfare fraud1 to
 provide adequate immigration           
consequences for fraud convictions1 to  
establish a welfare fraud recovery task 
force1 and for other purposes4  #a4     
,short title ,this ,act may be cited as 
the ,welfare ,fraud ,deterrence and     
,recovery ,act of #bjbf4  #b4 ,enhanced 
criminal penalties for welfare fraud    
,section #ajja of title #ah1 ,united    
,states ,code1 is amended by adding at  
the end the following3  7d7 7#a7 ,in    
this subsection1 the terms ,federal     
welfare program and noncitizen have the 
meanings given such terms in section #d 
of the ,welfare ,fraud ,deterrence and  
,recovery ,act of #bjbf4  7#b7 ,if a    
person violates subsection 7a7 with     

respect to a matter that relates to a   
,federal welfare program--  7,a7 the    
term of imprisonment imposed under this 
section shall be not more than #ae      
years2  7,b7 if the defendant is a      
noncitizen or a naturalized citizen of  
the ,united ,states1 the term of        
imprisonment imposed under this section 
shall be not less than #b years2 and    
7,c7 if the defendant obtained not less 
than #ajj1jjj as a result of the conduct
 in violation of this section1 the term 
of imprisonment imposed under this      
section shall be not less than #e years4
  4  #c4 ,immigration consequences for  
fraud conviction  7a7 ,reentry bar      
,section #bab7;a77#aj7 of the           
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aahb7;a77#aj77 is amended by 
adding at the end the following3  7,f7  
,former naturalized citizens who were   
removed due to a conviction for welfare 
fraud ,any alien who has been           
denaturalized under section #cdj7;f7 and
 seeks readmission to the ,united       

,states within #bj years of the date of 
such denaturalization is inadmissible4  
4  7b7 ,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 and  7#b7 by inserting after     
clause 7v7 the following3  7vi7 ,fraud  
,any alien who is convicted of an       
offense prohibited under chapter #dg of 
title #ah1 ,united ,states ,code1 or of 
any offense involving fraud by any court
 in the ,united ,states is deportable4  
4  7c7 ,expedited removal ,section #bch 
of the ,immigration and ,nationality    
,act 7#h ,u4,s4,c4 #abbh7 is amended--  
7#a7 by striking the section header and 
inserting the following3 ,expedited     
removal of any noncitizen convicted of  
an aggravated felony or any offense     
involving fraud42 and  7#b7 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,d71 of section #bcg7;a77#b71 
or any offense described in section     
#bcg7;a77#b77;,a77ii7 for which both    
predicate offenses are1 without regard  
to the date on which they were          
committed1 otherwise described in       
section #bcg7;a77#b77;,a77i72  7,b7 in  
paragraph 7#b7-- 7i7 by inserting or an 
offense described in section            
#bcg7;a77#b77;,a77vi7 after an          
aggravated felony2 and  7ii7 by striking
 felon and inserting alien2 and  7,c7 in
 paragraph 7#c77;,a71 by striking an    
aggravated felony before the alien's    
release from incarceration for the      
underlying aggravated felony and        

inserting an aggravated felony or an    
offense described in section            
#bcg7;a77#b77;,a77vi7 before the alien's
 release from incarceration for the     
underlying crime4  7d7 ,denaturalization
 for welfare fraud ,section #cdj of the 
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #adea7 is amended-- 7#a7 by   
redesignating subsections 7f71 7g71 and 
7h7 as subsections 7g71 7h71 and 7i71   
respectively2 and  7#b7 by inserting    
after subsection 7e7 the following3  7f7
 ,welfare fraud ,if a person who has    
been naturalized under this chapter is  
convicted of defrauding the ,united     
,states ,government of a ,federal public
 benefit 7as defined in section #dja of 
the ,personal ,responsibility and ,work 
,opportunity ,reconciliation ,act of    
#aiif 7#h ,u4,s4,c4 #afaa7;c777 or      
defrauding a ,state or local government 
of a ,state or local public benefit 7as 
defined in section #daa7;c7 of such ,act
 7#h ,u4,s4,c4 #afba7;c7771 and any act 
or acts leading to such conviction or   

admission began or occurred after the   
date of his or her naturalization1 the  
court in which such conviction occurs   
shall immediately--  7#a7 revoke1 set   
aside1 and declare void the final order 
admitting such person to citizenship2   
and  7#b7 declare certificate of        
naturalization of such person to be     
canceled4  4  #d4 ,welfare fraud        
recovery task force and civil actions   
for welfare fraud  7a7 ,definitions ,in 
this section-- 7#a7 the term ,federal   
welfare program-- 7,a7 means a program  
providing a ,federal public benefit 7as 
defined in section #dja of the ,personal
 ,responsibility and ,work ,opportunity 
,reconciliation ,act of #aiif 7#h       
,u4,s4,c4 #afaa7;c7772 and  7,b7        
includes grants under the ,child ,care  
and ,development ,block ,grant ,act of  
#aiij 7#db ,u4,s4,c4 #iheg et seq47 and 
the ,child and ,adult ,care ,food       
,program under section #ag of the       
,richard ,b4 ,russell ,national ,school 
,lunch ,act 7#db ,u4,s4,c4 #agff72  7#b7

 the term ,fund means the ,welfare      
,fraud ,recovery ,fund established under
 subsection 7d77#a72  7#c7 the term     
noncitizen has the meaning given the    
term alien in section #aja7;a7 of the   
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaja7;a772 and  7#d7 the term
 ,task ,force means the ,fraud ,recovery
 ,task ,force established under         
subsection 7b74  7b7 ,establishment of  
,fraud ,recovery ,task ,force ,the      
,attorney ,general1 in consultation with
 the ,secretary of ,health and ,human   
,services1 shall establish within the   
,department of ,justice a ,welfare      
,fraud ,recovery ,task ,force to        
investigate1 prosecute1 and recover     
funds lost to fraud in ,federal welfare 
programs4  7c7 ,civil suits authorized  
7#a7 ,in general ,the ,task ,force may  
bring a civil action in the name of the 
,united ,states against any person who  
knowingly-- 7,a7 submits or causes to be
 submitted a false or fraudulent claim  
for payment or approval under a ,federal

 welfare program2  7,b7 uses or causes  
to be used a false record or statement  
material to a false or fraudulent claim 
for payment or approval under a ,federal
 welfare program2  7,c7 conspires to    
commit a violation described in         
subparagraph 7,a7 or 7,b72 or  7,d7     
knowingly conceals or improperly avoids 
or decreases an obligation to pay or    
transmit money or property to the       
,government relating to such a claim4   
7#b7 ,damages and penalties  7,a7 ,in   
general ,subject to subparagraph 7,b71 a
 person engaging in a violation         
described in paragraph 7#a7 is liable to
 the ,united ,states ,government for--  
7i7 a civil penalty of not less than    
#aj1jjj and not more than #bj1jjj1 which
 shall be adjusted in accordance with   
the ,federal ,civil ,penalties          
,inflation ,adjustment ,act of #aiij    
7#bh ,u4,s4,c4 #bdfa note72  7ii7 #c    
times the amount of damages sustained by
 the ,united ,states ,government because
 of the violation by that person2 and   

7iii7 the costs of the civil action1    
including reasonable attorney fees4     
7,b7 ,enhanced penalties for noncitizens
 ,if the person engaging in conduct     
described in paragraph 7#a7 is a        
noncitizen1 in addition to the amount   
imposed under subparagraph 7,a71 the    
court shall impose a civil penalty equal
 to #b times the amount of damages      
sustained by the ,united ,states        
,government because of the violation by 
that person1 plus interest at the rate  
specified in section #cgag of title #ca1
 ,united ,states ,code4  7#c7 ,statute  
of limitations ,an action under this    
subsection may be brought not later than
 the later of-- 7,a7 #ae years after the
 date on which the conduct described in 
paragraph 7#a7 is committed2 or  7,b7 #c
 years after the date when facts        
material to the cause of action are     
known or reasonably should have been    
known by the official of the ,united    
,states charged with responsibility to  
act in the circumstances4  7#d7 ,burden 

of proof ,in any action brought under   
this subsection1 the ,united ,states    
shall be required to prove all essential
 elements of the cause of action1       
including damages1 by a preponderance of
 the evidence4  7#e7 ,whistleblower     
protections and rewards ,any individual 
who provides information leading to a   
successful recovery under this          
subsection shall be entitled to-- 7,a7  
the protections under section #cgcj7;h7 
of title #ca1 ,united ,states ,code1    
that apply with respect to actions to   
stop a violation of chapter #cg of such 
title2 and  7,b7 a reward of not less   
than #ae percent and not more than #cj  
percent of the amount recovered1 as     
determined by the ,task ,force4  7d7    
,use of recovered funds  7#a7 ,in       
general ,there is established in the    
,treasury of the ,united ,states a fund1
 to be known as the ,welfare ,fraud     
,recovery ,fund4  7#b7 ,crediting and   
use of amounts ,amounts recovered under 
this section-- 7,a7 shall be deposited  

into the ,fund2  7,b7 shall remain      
available until expended2 and  7,c7     
shall be available to the ,secretary of 
,health and ,human ,services without    
further appropriation-- 7i7 to reimburse
 a ,federal welfare program for losses  
due to fraud2 and  7ii7 for the cost of 
investigations and prevention measures  
by the ,task ,force4  7e7 ,interstate   
and cross-,border cooperation for fraud 
schemes  7#a7 ,interstate cooperation   
7,a7 ,in general ,the ,task ,force shall
 facilitate cooperation among ,states   
for the investigation1 prosecution1 and 
recovery of funds related to fraud in   
,federal welfare programs that involve  
activities crossing ,state lines1       
including the submission of false       
claims1 the operation of fraudulent     
entities1 or the transfer of funds      
across ,state boundaries4  7,b7         
,information sharing  ,the ,task ,force 
may enter into memoranda of             
understanding with ,state attorneys     
general1 ,state welfare agencies1 and   

other relevant ,state entities to share 
information1 including beneficiary      
records1 audit findings1 and financial  
transaction data1 subject to applicable 
privacy protections under section #eeb;a
 of title #e1 ,united ,states ,code     
7commonly known as the ,privacy ,act of 
#aigd71 and other ,federal laws4  7,c7  
,joint investigations and enforcement   
,the ,task ,force may coordinate joint  
investigations with ,states1 including  
the issuance of joint subpoenas1 search 
warrants1 and asset freezes4 ,a ,state  
participating in a joint investigation  
shall be entitled to a share of funds in
 connection with the joint              
investigation1 not to exceed #bj percent
 of the total amount recovered1 as      
determined by the ,task ,force based on 
the level of cooperation provided4  7,d7
  ,compliance requirement  7i7  ,in     
general  ,a ,state receiving ,federal   
funds under a ,federal welfare program  
shall cooperate with a request for      
information or assistance from the ,task

 ,force4  7ii7  ,failure to comply  ,if 
a ,state fails to comply with a request 
for information or assistance from the  
,task ,force1 the head of each agency   
administering a ,federal welfare program
 may withhold not more than #aj percent 
of the amounts that would otherwise be  
provided to the ,state under the        
,federal welfare program until the      
,state complies with the request4  7#b7 
,cross-border cooperation  7,a7  ,in    
general  ,the ,task ,force1 in          
coordination with the ,attorney ,general
 and the ,secretary of ,state1 shall    
pursue investigations and recoveries for
 fraud schemes involving international  
elements1 including the transfer of     
funds to foreign jurisdictions1         
participation by foreign nationals1 or  
the use of international financial      
networks4  7,b7  ,use of international  
agreements  ,the ,task ,force may       
utilize mutual legal assistance         
treaties1 extradition treaties1 and     
other international agreements to       

request assistance from foreign         
governments and international           
organizations1 such as the ,financial   
,action ,task ,force and the            
,international ,criminal ,police        
,organization 7commonly known as        
,,interpol71 including the freezing and 
seizure of assets1 the extradition of   
individuals1 and the sharing of         
financial records4  7,c7  ,asset        
recovery  ,in cases where fraudulent    
proceeds are transferred to foreign     
accounts or entities1 the ,task ,force  
may initiate civil forfeiture           
proceedings under section #iha of title 
#ah1 ,united ,states ,code1 or seek     
repatriation of assets through          
diplomatic channels4 ,amounts recovered 
under this subparagraph shall be        
deposited into the ,fund4  7,d7         
,reporting  ,the ,task ,force shall     
submit to ,congress an annual report on 
investigations and recoveries described 
in subparagraph 7,a71 including the     
number of requests made to foreign      

governments and the amounts recovered4  
7,e7  ,incentives  ,the ,secretary of   
,state1 in consultation with the ,task  
,force1 may incentivize cooperation by  
foreign governments through conditions  
on foreign assistance from the ,united  
,states4  7#c7  ,authorization of       
appropriations  ,there are authorized to
 be appropriated such sums as are       
necessary to carry out this subsection1 
including for personnel1 technology1 and
 international liaison activities4