Stop Fraud by SOMALIA Act
Sponsored By: Representative Stauber
Introduced
Summary
Permanent debarment of fraudulent child care providers would bar any provider found to have knowingly committed fraud from participating in HHS-funded child care programs with no chance of reinstatement. The bill would also tie fraud and the use of child care funds to support terrorist groups to immigration inadmissibility, deportability, asylum bars, mandatory detention, and expedited removal.
Show full summary
- Child care providers found, by judicial decision or administrative order, to have committed fraud would face permanent debarment from federal child care assistance and could not evade the ban through name changes, mergers, or repayment.
- State agencies would have to reimburse the Secretary for fraudulently obtained funds, could face recoupment, and the Secretary may deduct amounts from a State's next year's administrative allotment; States must deny participation and future funding to debarred providers.
- Alien child care providers permanently debarred for fraud would be made inadmissible, could be declared deportable, would be ineligible for asylum or adjustment of status, and could be excluded from findings of good moral character.
- The bill adds that funds used to support terrorist organizations, including Al-Shabaab, or associations with groups like the Palestine Liberation Organization, are grounds for inadmissibility and other immigration penalties.
- Debarments based on administrative orders must be referred to the Attorney General for criminal investigation. The bill would create mandatory detention and expedited removal procedures for aliens suspected of child care fraud and exempts certain implementation steps from the Paperwork Reduction Act and the Administrative Procedure Act.
- The fraud-and-immigration changes would apply to conduct constituting fraud committed on or after September 30, 1996 when no arrest, charge, or indictment existed as of enactment.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 2 costs, 1 mixed.
Permanent debarment for child care providers
If enacted, a child care provider with a final finding of fraud would be permanently barred from receiving any federal child care funds. The ban could not be waived, reduced, or avoided by changing name, merging, or repaying money. States that get CCDBG funds would have to deny payment and participation to debarred providers. The HHS Secretary could require a State to reimburse fraudulently obtained funds or deduct that amount from the State's next fiscal year's administrative CCDBG funds. If the debarment came from an administrative order, the Secretary would refer the case to the Attorney General for possible criminal investigation.
Immigration bars for debarred providers
If enacted, an alien permanently debarred for child care fraud would be inadmissible to the United States and could be deported. The bill would bar such aliens from asylum and from adjusting status to lawful permanent residence. It would add expedited removal and mandatory detention rules for these debarred child care providers. These rules would apply to fraud committed on or after September 30, 1996 if the person had not been arrested, charged, or indicted by enactment. The bill would also add an inadmissibility ground if officials determine the provider's funds were used to support a terrorist organization, including al-Shabaab.
Faster agency action on enforcement
If enacted, the HHS Secretary, the DHS Secretary, or the Attorney General could skip the Paperwork Reduction Act and the Administrative Procedure Act when implementing parts of this bill. They could do this only if they determine those rules would impede immediate implementation of sections 3 through 6. This would let agencies act faster to put enforcement and immigration changes in place. It would reduce normal notice-and-comment and paperwork steps for those sections.
Sponsors & CoSponsors
Sponsor
Stauber
MN • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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