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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3644 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3644
To amend the Child Care and Development Block Grant Act of 1990 to
debar child care providers who commit fraud from receiving certain
financial assistance, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 14, 2026
Mr. Cornyn (for himself, Mr. Kennedy, Mr. Scott of Florida, Mr.
Tuberville, and Mrs. Blackburn) introduced the following bill; which
was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Child Care and Development Block Grant Act of 1990 to
debar child care providers who commit fraud from receiving certain
financial assistance, 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 ``Stop Fraud by Strengthening
Oversight and More Accountability for Lying and Illegal Activity Act''
or the ``Stop Fraud by SOMALIA Act''.
SEC. 2. NONCOMPLIANCE DUE TO FRAUD.
Section 658I(b) of the Child Care and Development Block Grant Act
of 1990 (42 U.S.C. 9858g(b)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Noncompliance due to fraud.--
``(A) Definition.--In this paragraph, the term
`final determination of fraud' means a judicial
decision or administrative order, for which all rights
to appeal have been exhausted or waived, that
determines that a child care provider--
``(i) knowingly submitted a false statement
or documentation to obtain funds appropriated
under any authority and available under this
subchapter;
``(ii) misrepresented ownership of,
enrollment at, attendance at, or services
provided through a program of child care
services, or the eligibility of the provider to
provide such a program, to obtain such funds;
``(iii) to obtain such funds, operated
without State licensing that is required under
section 658E(c)(2)(F);
``(iv) made a knowing and improper
expenditure of such funds; or
``(v) engaged in any other conduct related
to such funds that constituted fraud under
Federal or State law.
``(B) 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 (A)(i) from a State, 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 (referred to in this paragraph as `financial
assistance obtained through fraud'), 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 fraud, or a combination of such
options.
``(C) Additional sanctions.--If the Secretary makes
a finding described in subparagraph (B), the Secretary
may, in addition to imposing the sanctions described in
such subparagraph, impose other appropriate sanctions,
including recoupment of money improperly expended for
purposes prohibited or not authorized by this
subchapter, and disqualification from the receipt of
financial assistance under this subchapter.
``(D) Mandatory permanent debarment.--
``(i) Debarment.--If the Secretary makes a
finding described in subparagraph (B), the
Secretary shall permanently debar the provider
from participating in, or receiving financial
assistance under, any Federal child care
assistance program funded in whole or in part
by the Department of Health and Human Services.
``(ii) No reinstatement.--No person may
waive, reverse, or reduce the period or scope
of a debarment made under clause (i). No child
care provider, subject to such a debarment, may
regain eligibility to participate in or receive
financial assistance under a program described
in clause (i) by changing the name of the
provider or the program offered by the
provider, by reorganizing, by merging with
another entity, or by repaying the financial
assistance that is the subject of the final
determination of fraud.
``(iii) State compliance.--A State that
receives funds described in subparagraph (A)(i)
shall deny such participation, and such
financial assistance, to any child care
provider debarred under clause (i).
``(E) Mandatory referral for federal criminal
investigation and prosecution.--If a debarment made
under subparagraph (D) is based on an administrative
order, the Secretary shall refer the matter, including
the administrative record containing the final
determination of fraud, the order, and any supporting
documentation, to the Attorney General to initiate a
Federal criminal investigation and, if warranted,
prosecution for fraud under chapter 47 of title 18,
United States Code.''.
SEC. 3. INADMISSIBILITY FOR ALIEN CHILD CARE PROVIDERS WHO COMMIT
FRAUD.
Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(2)) is amended--
(1) by redesignating subparagraph (F) as subparagraph (J),
and moving the redesignated subparagraph so it appears after
subparagraph (I); and
(2) by inserting after subparagraph (E) the following:
``(F) Fraud.--Any alien child care provider who has
been permanently debarred as a child care provider,
based on a final determination of fraud, under section
658I(b)(3)(D) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858g(b)(3)(D)).''.
SEC. 4. INADMISSIBILITY FOR ALIEN CHILD CARE PROVIDERS WHO PROVIDE
SUPPORT TO TERRORISTS.
Section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(i)) is amended--
(1) in subclause (VIII), by striking ``or'' at the end;
(2) by redesignating subclause (IX) as subclause (XI);
(3) by inserting after subclause (VIII) the following:
``(IX)(aa) has been permanently
debarred as a child care provider,
based on a final determination of
fraud, under section 658I(b)(3)(D) of
the Child Care and Development Block
Grant Act of 1990 (42 U.S.C.
9858g(b)(3)(D)); and
``(bb) the Attorney General, the
Secretary of State, or the Secretary of
Homeland Security has determined has
received funds as a child care provider
that were used to support any terrorist
organization, including Al-Shabaab, or
any individual engaged in terrorist
activity;
``(X) is an officer, official,
representative, spokesperson, or member
of, or is in any way associated with--
``(aa) the Palestine
Liberation Organization; or
``(bb) al-Shabaab
(including any other alias for
al-Shabaab); or''; and
(4) by striking the undesignated matter at the end.
SEC. 5. REMOVABILITY, AND INELIGIBILITY FOR ASYLUM AND ADJUSTMENT OF
STATUS, FOR ALIEN CHILD CARE PROVIDERS WHO COMMIT FRAUD.
(a) Deportability.--Section 237(a)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(2)(A)) is amended--
(1) by redesignating clause (vi) as clause (vii);
(2) by inserting after clause (v) the following:
``(vi) Any alien who has been permanently
debarred as a child care provider, based on a
final determination of fraud, under section
658I(b)(3)(D) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C.
9858g(b)(3)(D)), is deportable.''; and
(3) in clause (vii), as redesignated, by striking ``and
(iv)'' and inserting ``(iv), and (vi)''.
(b) Ineligibility for Asylum.--
(1) In general.--Section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158), is amended--
(A) in subsection (a)(2)--
(i) by redesignating subparagraph (E) as
subparagraph (F); and
(ii) by inserting after subparagraph (D)
the following:
``(E) Paragraph (1) shall not apply to an alien who
has been permanently debarred as a child care provider,
based on a final determination of fraud, under section
658I(b)(3)(D) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858g(b)(3)(D)).''; and
(B) in subsection (b)(2)(A)--
(i) in clause (v), by striking ``or'' at
the end;
(ii) by redesignating clause (vi) as clause
(vii); and
(iii) by inserting after clause (v) the
following:
``(vi) the alien has been permanently
debarred as a child care provider, based on a
final determination of fraud, under section
658I(b)(3)(D) of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C.
9858g(b)(3)(D)).''.
(2) Conforming amendment.--Section 316 of the Immigration
and Nationality Act (8 U.S.C. 1427(f)(1)) is amended, in the
second proviso, by striking ``clauses (i) through (v)'' and
inserting ``clauses (i) through (vi)''.
(c) Ineligibility for Adjustment of Status.--Section 245(c) of the
Immigration and Nationality Act (8 U.S.C. 1255(c)), is amended--
(1) in paragraph (7), by striking ``; or'' and inserting a
semicolon; and
(2) by striking the period at the end and inserting ``; or
(9) any alien who has been permanently debarred as a child care
provider, based on a final determination of fraud, under
section 658I(b)(3)(D) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858g(b)(3)(D)).''.
(d) Exclusion From Finding of Good Moral Character.--Section 101(f)
of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended by
inserting after paragraph (1) the following:
``(2) a person who has been permanently debarred as a child
care provider, based on a final determination of fraud, under
section 658I(b)(3)(D) of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858g(b)(3)(D));''.
SEC. 6. MANDATORY DETENTION AND EXPEDITED REMOVAL.
(a) Expedited Removal of Inadmissible Alien Child Care Providers.--
Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225), is
amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following:
``(d) Removal of Aliens Inadmissible Due to Child Care Provider
Fraud.--
``(1) 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
212(a)(2)(F), the officer or judge shall--
``(A) order the alien removed, subject to review
under paragraph (2);
``(B) report the order of removal to the Secretary
of State, the Attorney General, or a designee of the
Secretary or Attorney General; and
``(C) refrain from conducting any further inquiry
or hearing with respect to such alien until ordered to
do so by the Secretary, the Attorney General, or a
designated senior official.
``(2) Review of order.--
``(A) In general.--The Secretary of Homeland
Security, the Attorney General, or a designee of the
Secretary or Attorney General shall review each order
issued pursuant to paragraph (1)(A).
``(B) Expedited removal.--If the Secretary, the
Attorney General, or a designee determines that the
alien who is the subject of such order is inadmissible
under section 212(a)(2)(F), the Secretary or the
Attorney General may order the alien removed without
further inquiry or hearing.
``(C) Further inquiry.--If the Secretary or the
Attorney General does not order the removal of the
alien pursuant to subparagraph (B), the Secretary, the
Attorney General, or a designee may determine the scope
of further administrative inquiry or hearing that may
be conducted with respect to such alien.
``(3) Submission of statement and information.--Each alien
who is the subject of a removal order under this subsection, or
the alien's representative, may submit a written statement and
additional information for consideration by the Secretary of
Homeland Security, the Attorney General, or a designee of the
Secretary or the Attorney General.''.
(b) Mandatory Detention for Convicted Alien Child-Care Providers.--
Section 236(c)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1226(c)(1)(B)), is amended by striking ``offense covered in section
237(a)(2)(A)(ii), (A)(iii), (B), (C), or (D),'' and inserting
``described in subparagraph (A)(ii), (A)(iii), (A)(vi), (B), (C), or
(D) of section 237(a)(2);''.
(c) Expedited Removal for Incarcerated Alien Child-Care
Providers.--Section 238 of the Immigration and Nationality Act (8
U.S.C. 1228) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``any criminal
offense covered in section 241(a)(2)(A)(iii), (B), (C),
or (D), or any offense covered by section
241(a)(2)(A)(ii) for which both predicate offenses are,
without regard to the date of their commission,
otherwise covered by section 241(a)(2)(A)(i)'' and
inserting ``any criminal offense described in
subparagraph (A)(iii), (A)(vi), (B), (C), or (D) of
section 237, or any offense described in section
237(a)(2)(A)(ii) for which both predicate offenses are,
without regard to the date of their commission,
otherwise described in section 237(a)(2)(A)(i)''; and
(B) in paragraph (2), by inserting ``, or an alien
who has been permanently debarred as a child care
provider, based on a final determination of fraud,
under section 658I(b)(3)(B) of the Child Care and
Development Block Grant Act of 1990 (42 U.S.C.
9858g(b)(3)(B)),'' after ``aggravated felony'';
(2) in subsection (b), by inserting ``or under section
237(a)(2)(A)(vi) (relating to a conviction for child-care
provider fraud)'' after ``aggravated felony)''; and
(3) by redesignating the second subsection (c) (previously
so designated by section 671(b)(13) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (division C of
Public Law 104-208)) as subsection (d).
SEC. 7. EXEMPTION FROM PAPERWORK REDUCTION ACT AND THE ADMINISTRATIVE
PROCEDURE ACT.
(a) Paperwork Reduction Act.--Nothing in this Act may be construed
to require the Secretary of Health and Human Services, Secretary of
Homeland Security, or Attorney General to comply with the requirements
of chapter 35 of title 44, United States Code (commonly referred to as
the ``Paperwork Reduction Act'') to implement the provisions of
sections 3 through 6 of this Act, if the Secretary of Health and Human
Services, Secretary of Homeland Security, or Attorney General,
respectively, determines that compliance would impede the immediate
implementation of this Act or the amendments made by this Act.
(b) Administrative Procedure Act.--Nothing in this Act may be
construed to require the Secretary of Health and Human Services,
Secretary of Homeland Security, or Attorney General to promulgate
regulations under subchapter II of chapter 5 of title 5, United States
Code (commonly referred to as the ``Administrative Procedure Act''), if
the Secretary of Health and Human Services, Secretary of Homeland
Security, or Attorney General, respectively, determines that
promulgation would impede the immediate implementation of this Act or
the amendments made by this Act.
SEC. 8. CONSTRUCTION; SEVERABILITY.
Any provision of this Act or an amendment made by this Act held to
be invalid or unenforceable by its terms, or as applied to any person
or circumstance, shall be construed so as to give it the maximum effect
permitted by law, unless such holding shall be utterly invalid or
unenforceable, in which event such provision shall be deemed severable
from this Act or the Act amended, respectively and shall not affect the
remainder of this Act or the Act amended, respectively, or the
application of such provision to other persons not similarly situated
or to other, dissimilar circumstances.
SEC. 9. EFFECTIVE DATE; APPLICABILITY.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall take effect on the date of
enactment of this Act.
(b) Applicability.--The amendments made by sections 3 through 6 of
this Act shall apply to any conduct by an alien that constituted fraud
and was committed on or after September 30, 1996, against any private
individual, fund, corporation, or government entity, for which the
alien has not yet been arrested, charged, or indicted as of the date of
the enactment of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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