118 HR 5107 IH: Pandemic Unemployment Fraud Recoupment Act
U.S. House of Representatives
2023-08-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
1st Session
H. R. 5107
IN THE HOUSE OF REPRESENTATIVES
August 1, 2023
Mr. Finstad (for himself, Ms. Mace, Mr. Lamborn, Mr. Baird, Mr. Biggs, Mrs. Steel, Mr. Rutherford, Mr. Bean of Florida, Mr. Zinke, Mr. Carter of Georgia, Mr. Austin Scott of Georgia, Mr. Norman, Mr. Babin, Mr. Moolenaar, Mr. Posey, Ms. Hageman, and Mr. McCormick) introduced the following bill; which was referred to the Committee on Ways and Means
A BILL
To extend the statute of limitations for fraud by individuals under the COVID–19 unemployment programs.
1.

Short title
This Act may be cited as the “Pandemic Unemployment Fraud Recoupment Act”.
2.

Extension of the statute of limitations for fraud by individuals under the COVID–19 unemployment programs
(a)

Pandemic unemployment assistance
Section 2102 of the CARES Act (15 U.S.C. 9021) is amended—
(1)
in subsection (d), by striking paragraph (4);
(2)
by redesignating subsection (h) as subsection (i); and
(3)
by inserting after subsection (g) the following new subsection:
“(h)

Fraud and overpayments
(1)

In general
If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of pandemic unemployment assistance under this section to which such individual was not entitled, such individual shall be ineligible for further pandemic unemployment assistance under this section in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation.
(2)

Repayment
In the case of individuals who have received amounts of pandemic unemployment assistance under this section to which they were not entitled, the State shall require such individuals to repay the amounts of such pandemic unemployment assistance to the State agency, except that the State agency may waive such repayment if it determines that—
(A)
the payment of such pandemic unemployment assistance was without fault on the part of any such individual; and
(B)
such repayment would be contrary to equity and good conscience.
(3)

Recovery by State agency
(A)

In general
The State agency shall recover the amount to be repaid, or any part thereof, by deductions from any unemployment compensation payable to such individual under any State or Federal unemployment compensation law administered by the State agency or under any other State or Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the 10-year period after the date such individuals received the payment of the pandemic unemployment assistance to which they were not entitled, in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the State.
(B)

Opportunity for hearing
No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final.
(4)

Review
Any determination by a State agency under this section shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent.
(5)

Statute of Limitations
Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that an individual engaged in fraud with respect to the payment of any unemployment compensation claim funded in whole or in part by pandemic unemployment assistance under this section shall be filed not later than 10 years after the date on which the conduct that constitutes the fraud was committed.”.
(b)

Federal Pandemic Unemployment Compensation and Mixed Earner Unemployment compensation
Section 2104(f) of the CARES Act (15 U.S.C. 9023(f)) is amended—
(1)
in paragraph (3)(A), by striking “3-year” and inserting “10-year”; and
(2)
by adding at the end the following new paragraph:
“(5)

Statute of Limitations
Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that an individual engaged in fraud with respect to the payment of any unemployment compensation claim funded in whole or in part by Federal Pandemic Unemployment Compensation or Mixed Earner Unemployment Compensation under this section shall be filed not later than 10 years after the date on which the conduct that constitutes the fraud was committed.”.
(c)

Pandemic emergency unemployment compensation
Section 2107(e) of the CARES Act (15 U.S.C. 9025(e)) is amended—
(1)
in paragraph (3)(A), by striking “3-year” and inserting “10-year”; and
(2)
by adding at the end the following new paragraph:
“(5)

Statute of Limitations
Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that an individual engaged in fraud with respect to the payment of any unemployment compensation claim funded in whole or in part by pandemic emergency unemployment compensation under this section shall be filed not later than 10 years after the date on which the conduct that constitutes the fraud was committed.”.
(d)

Lost wages assistance
(1)

Fraud and overpayments
If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of lost wages assistance to which such individual was not entitled, such individual shall be ineligible for further lost wages assistance in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation.
(2)

Repayment
In the case of individuals who have received amounts of lost wages assistance to which they were not entitled, the State shall require such individuals to repay the amounts of such lost wages assistance to the State agency, except that the State agency may waive such repayment if it determines that—
(A)
the payment of such lost wages assistance was without fault on the part of any such individual; and
(B)
such repayment would be contrary to equity and good conscience.
(3)

Recovery by State agency
(A)

In general
The State agency shall recover the amount to be repaid, or any part thereof, by deductions from any unemployment compensation payable to such individual under any State or Federal unemployment compensation law administered by the State agency or under any other State or Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the 10-year period after the date such individuals received the payment of the lost wages assistance to which they were not entitled, in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the State.
(B)

Opportunity for hearing
No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final.
(4)

Review
Any determination by a State agency with respect to payments of lost wages assistance shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent.
(5)

Statute of Limitations
Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that an individual engaged in fraud with respect to the payment of any unemployment compensation claim funded in whole or in part by lost wages assistance shall be filed not later than 10 years after the date on which the conduct that constitutes the fraud was committed.
(6)

Definitions
In this subsection:
(A)

Lost wages assistance
In this subsection, the term lost wages assistance means financial assistance provided by the Federal Emergency Management Agency pursuant to the memorandum of the President entitled “Memorandum on Authorizing the Other Needs Assistance Program for Major Disaster Declarations Related to Coronavirus Disease 2019” and dated August 8, 2020.
(B)

State agency, State law, and week
The terms “State agency”, “State law”, and “week” have the meaning given such terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).