[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1018 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1018
To extend the statute of limitations for fraud by individuals under the
COVID-19 unemployment programs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 28, 2023
Mr. Marshall (for himself, Mrs. Blackburn, Mr. Braun, Ms. Ernst, Mr.
Cramer, and Mr. Scott of Florida) introduced the following bill; which
was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To extend the statute of limitations for fraud by individuals under the
COVID-19 unemployment programs.
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 ``Pandemic Unemployment Fraud
Recoupment Act''.
SEC. 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).
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