I 

117TH CONGRESS 

1ST SESSION H. R. 3268 

To prevent fraud in COVID unemployment programs, recover fraudulently 

paid benefits, provide relief for taxpayers and victims of unemployment 

fraud, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 17, 2021 

Mr. BRADY (for himself, Mr. REED, Mrs. WALORSKI, Mr. KELLY of Pennsylvania, Mr. RICE of South Carolina, Mr. SMUCKER, Mrs. MILLER of West 

Virginia, Mr. WENSTRUP, Mr. SCHWEIKERT, Mr. LAHOOD, Mr. FERGUSON, Mrs. STEEL, Mr. NUNES, Mr. HERN, Mr. ESTES, Mr. SMITH of 

Nebraska, and Mr. MCCARTHY) introduced the following bill; which was 

referred to the Committee on Ways and Means 

A BILL 

To prevent fraud in COVID unemployment programs, recover 

fraudulently paid benefits, provide relief for taxpayers 

and victims of unemployment fraud, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Combatting COVID 

5 Unemployment Fraud Act of 2021’’. 


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1 SEC. 2. PREVENTING FRAUD IN PANDEMIC UNEMPLOY2 MENT ASSISTANCE. 

3 (a) VERIFICATION OF ELIGIBILITY FOR PANDEMIC

4 UNEMPLOYMENT ASSISTANCE PRIOR TO AUTHORIZING

5 BENEFITS.— 

6 (1) IN GENERAL.—Section 2102 of the CARES 

7 Act (15 U.S.C. 9021) is amended— 

8 (A) in subsection (a)(3)(A)— 

9 (i) in clause (ii)— 

10 (I) in the matter preceding sub11 clause (I), by striking ‘‘provides self12 certification’’ and inserting ‘‘provides, 

13 not later than 30 days after the date 

14 of application, such documentation as 

15 the State may require, dem16 onstrating’’; 

17 (II) in subclause (I), in the mat18 ter preceding item (aa), by inserting 

19 ‘‘in the employment or service de20 scribed in clause (iv)’’ after ‘‘unavail21 able to work’’; and 

22 (III) in subclause (II), by strik23 ing ‘‘and’’ at the end; 

24 (ii) by amending clause (iii) to read as 

25 follows: 


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1 ‘‘(iii)(I) provides, not later than 30 

2 days after the date of application and prior 

3 to the authorization of pandemic unem4 ployment assistance, such documentation 

5 as the State agency may require (in ac6 cordance with section 625.6(e) of title 20, 

7 Code of Federal Regulations, or any suc8 cessor thereto, except with respect to the 

9 deadline for submission) to substantiate 

10 prior employment or self-employment or 

11 the planned commencement of employment 

12 and earnings, as applicable, except that the 

13 deadline for submission may be extended if 

14 the individual has shown good cause under 

15 applicable State law that justifies a delay 

16 in submitting such documentation; and 

17 ‘‘(II) provides documentation to the 

18 satisfaction of the State agency, or the en19 tity verifying identify on behalf of the 

20 State agency, verifying the individual’s 

21 identity prior to authorizing benefits; and’’; 

22 and 

23 (iii) by adding at the end the fol24 lowing: 


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1 ‘‘(iv) provides self-certification that 

2 the principal source of income and liveli3 hood of the individual are dependent upon 

4 the individual’s employment for wages or 

5 the individual’s performance of service in 

6 self-employment; and’’. 

7 (B) in subsection (f)(1), by inserting 

8 ‘‘prior to authorizing benefits’’ after ‘‘valida9 tion’’; and 

10 (C) in subsection (f)(2)(B), by striking the 

11 period at the end and inserting at the end the 

12 following: ‘‘: Provided, That such expenses shall 

13 be claimed by States on a reimbursable basis 

14 and shall not be subject to restrictions imposed 

15 by the Department of Labor’s resource jus16 tification model.’’. 

17 (2) EFFECTIVE DATE.—The amendments made 

18 by paragraph (1) shall apply to individuals who 

19 apply for pandemic unemployment assistance on or 

20 after the date that is 30 days after the date of en21 actment of this Act 

22 (b) LIMITATION ON BACKDATING CLAIMS FOR PAN23 DEMIC UNEMPLOYMENT ASSISTANCE.—In the case of a 

24 covered individual whose first application for pandemic 

25 unemployment assistance under section 2102 of the 


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1 CARES Act is filed after the date of enactment of this 

2 Act, subsection (c)(1)(A)(i) of such section 2102 of the 

3 CARES Act shall be applied by substituting ‘‘April 1, 

4 2021’’ for ‘‘January 27, 2020’’. 

5 (c) APPLICATION DEADLINE FOR PANDEMIC UNEM6 PLOYMENT ASSISTANCE.—Subsection (c) of section 2102 

7 of the CARES Act (15 U.S.C. 9021) is amended by add8 ing at the end the following: 

9 ‘‘(7) APPLICATION DEADLINE.—Notwith10 standing any other provision of this subsection, no 

11 application for pandemic unemployment assistance 

12 may be filed after the date that is 14 days after the 

13 date specified in paragraph (1)(A)(ii) unless the in14 dividual has shown good cause under the applicable 

15 State law for failing to file before such date.’’. 

16 (d) ISSUANCE OF GUIDANCE.—Section 2102 of the 

17 CARES Act (15 U.S.C. 9021) is amended by adding at 

18 the end the following: 

19 ‘‘(i) DEPARTMENT OF LABOR GUIDANCE ON

20 VERIFICATION OF ELIGIBILITY FOR PANDEMIC UNEM21 PLOYMENT ASSISTANCE PRIOR TO AUTHORIZING BENE22 FITS.—Not later than 60 days after the enactment of this 

23 subsection, the Secretary of Labor, in consultation with 

24 the Director of the National Institute of Standards and 

25 Technology, shall issue guidance to State workforce agenVerDate Sep 11 2014 04:42 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3268.IH H3268

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1 cies outlining the latest industry practices with regard to 

2 cybersecurity, digital identity proofing services, standards 

3 for privacy, and procedures for verifying and validating 

4 the identity of individuals, pursuant to subsection (f)(1), 

5 and the availability of third-party income verification tech6 nology to prevent fraud in the pandemic unemployment 

7 assistance program.’’. 

8 SEC. 3. LIMITATION ON PAYMENTS OF FEDERAL PANDEMIC 

9 UNEMPLOYMENT COMPENSATION. 

10 Subsection (b) of 2104 of the CARES Act (15 U.S.C. 

11 9023) is amended by adding at the end the following: 

12 ‘‘(5) LIMITATION.—Notwithstanding any other 

13 provision of this subsection, no Federal pandemic 

14 unemployment compensation may be paid retro15 actively for a week of unemployment to claimants 

16 who apply for regular compensation for such week 

17 more than 14 days after the dates specified in 

18 clauses (i) and (ii) of subsection (b)(3)(A) with re19 spect to such week.’’. 

20 SEC. 4. PREVENTING UNEMPLOYMENT COMPENSATION 

21 FRAUD AND IMPROPER PAYMENTS THROUGH 

22 DATA MATCHING. 

23 (a) UNEMPLOYMENT COMPENSATION DATA INTEG24 RITY HUB.— 


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1 (1) IN GENERAL.—Section 303(a) of the Social 

2 Security Act (42 U.S.C. 503(a)) is amended by add3 ing at the end the following: 

4 ‘‘(13) The State agency charged with adminis5 tration of the State law shall use the system des6 ignated by the Secretary of Labor for cross-match7 ing claimants of unemployment compensation under 

8 State law against any databases in the system to 

9 prevent and detect fraud and improper payments.’’. 

10 (b) USE OF UNEMPLOYMENT CLAIMS DATA TO PRE11 VENT AND DETECT FRAUD.—Section 303 of the Social 

12 Security Act (42 U.S.C. 503) is amended by adding at 

13 the end the following: 

14 ‘‘(n) USE OF UNEMPLOYMENT CLAIMS DATA TO

15 PREVENT AND DETECT FRAUD.—The Inspector General 

16 of the Department of Labor shall, for the purpose of con17 ducting audits, investigations, and other oversight activi18 ties authorized under the Inspector General Act of 1978 

19 (5 U.S.C. App.) relating to unemployment compensation 

20 programs, have direct access to each of the following sys21 tems: 

22 ‘‘(1) The system designated by the Secretary of 

23 Labor for the electronic transmission of requests for 

24 information relating to interstate claims for unem25 ployment compensation. 


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1 ‘‘(2) The system designated by the Secretary of 

2 Labor for cross-matching claimants of unemploy3 ment compensation under State law against data4 bases to prevent and detect fraud and improper pay5 ments (as described in subsection (a)(13)).’’. 

6 (c) USE OF FRAUD PREVENTION AND DETECTION

7 SYSTEMS IN ADMINISTRATION OF UNEMPLOYMENT COM8 PENSATION PROGRAMS.— 

9 (1) IN GENERAL.—Section 303 of the Social 

10 Security Act (42 U.S.C. 503), as amended by sub11 section (b), is further amended by adding at the end 

12 the following: 

13 ‘‘(o) STATE USE OF FRAUD PREVENTION AND DE14 TECTION SYSTEMS.— 

15 ‘‘(1) IN GENERAL.—The State agency charged 

16 with administration of the State law shall establish 

17 procedures to do the following: 

18 ‘‘(A) NATIONAL DIRECTORY OF NEW

19 HIRES.—Use the National Directory of New 

20 Hires established under section 453(i)— 

21 ‘‘(i) to compare information in such 

22 Directory against information about indi23 viduals claiming unemployment compensa24 tion to identify any such individuals who 

25 may have become employed, in accordance 


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1 with any regulations that the Secretary of 

2 Health and Human Services may issue and 

3 consistent with the computer matching 

4 provisions of the Privacy Act of 1974; 

5 ‘‘(ii) to take timely action to verify 

6 whether the individuals identified pursuant 

7 to clause (i) are employed; and 

8 ‘‘(iii) upon verification pursuant to 

9 clause (ii), to take appropriate action to 

10 suspend or modify unemployment com11 pensation payments, and to initiate recov12 ery of any improper unemployment com13 pensation payments that have been made. 

14 ‘‘(B) STATE INFORMATION DATA EX15 CHANGE SYSTEM.—Use the Department of La16 bor’s State Information Data Exchange System 

17 to facilitate employer responses to requests for 

18 information from State workforce agencies. 

19 ‘‘(C) INCARCERATED INDIVIDUALS.—Seek 

20 information from the Commissioner of Social 

21 Security under sections 202(x)(3)(B)(iv) and 

22 1611(e)(1)(I)(iii), and from such other sources 

23 as the State agency determines appropriate, to 

24 obtain the information necessary to carry out 

25 the provisions of a State law under which an inVerDate Sep 11 2014 04:42 Jun 15, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3268.IH H3268

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1 dividual who is confined in a jail, prison, or 

2 other penal institution or correctional facility is 

3 ineligible for unemployment compensation on 

4 account of such individuals inability to satisfy 

5 the requirement under subsection (a)(12). 

6 ‘‘(D) DECEASED INDIVIDUALS.—Compare 

7 information of individuals claiming unemploy8 ment compensation against the information re9 garding deceased individuals furnished to or 

10 maintained by the Commissioner of Social Se11 curity under section 205(r). 

12 ‘‘(2) ENFORCEMENT.—Whenever the Secretary 

13 of Labor, after reasonable notice and opportunity for 

14 hearing to the State agency charged with the admin15 istration of the State law, finds that the State agen16 cy fails to comply substantially with the require17 ments of paragraph (1), the Secretary of Labor shall 

18 notify such State agency that further payments will 

19 not be made to the State until the Secretary of 

20 Labor is satisfied that there is no longer any such 

21 failure. Until the Secretary of Labor is so satisfied, 

22 such Secretary shall make no future certification to 

23 the Secretary of the Treasury with respect to such 

24 State. 


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1 ‘‘(3) UNEMPLOYMENT COMPENSATION.—For 

2 the purposes of this subsection, any reference to un3 employment compensation described in this para4 graph shall be considered to refer to— 

5 ‘‘(A) regular or extended compensation (as 

6 defined by section 205 of the Federal-State Ex7 tended Unemployment Compensation Act of 

8 1970); 

9 ‘‘(B) regular compensation (as defined by 

10 section 85(b) of the Internal Revenue Code of 

11 1986) provided under any program adminis12 tered by a State under an agreement with the 

13 Secretary; 

14 ‘‘(C) pandemic unemployment assistance 

15 under section 2102 of the Relief for Workers 

16 Affected by Coronavirus Act (15 U.S.C. 9021); 

17 ‘‘(D) pandemic emergency unemployment 

18 compensation under section 2107 of the Relief 

19 for Workers Affected by Coronavirus Act (15 

20 U.S.C. 2025); and 

21 ‘‘(E) short-time compensation under a 

22 short-time compensation program (as defined in 

23 section 3306(v) of the Internal Revenue Code of 

24 1986).’’. 


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1 (d) EFFECTIVE DATE.—The amendments made by 

2 subsections (a) and (c) shall take effect with respect to 

3 each State to weeks of unemployment beginning on or 

4 after the earlier of— 

5 (1) the date the State changes its statutes, reg6 ulations, or policies in order to comply with such 

7 amendment; or 

8 (2) October 1, 2022. 

9 SEC. 5. RECOVERING FRAUDULENT COVID UNEMPLOY10 MENT COMPENSATION BENEFIT PAYMENTS. 

11 (a) STATE UNEMPLOYMENT FRAUD RECOUPMENT

12 PLANS.— 

13 (1) IN GENERAL.—Section 2118(b)(3) of the 

14 CARES Act (15 U.S.C. 9034(b)(3)) is amended to 

15 read as follows: 

16 ‘‘(3) to make grants to States or territories ad17 ministering unemployment compensation programs 

18 described in subsection (a) (including territories ad19 ministering the Pandemic Unemployment Assistance 

20 program under section 2102) for such purposes, in21 cluding for— 

22 ‘‘(A) building State capacity to prevent 

23 and reduce unemployment fraud through— 

24 ‘‘(i) the procurement of technology ca25 pabilities and building of infrastructure to 


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1 verify and validate identity and earnings of 

2 unemployment compensation claimants; 

3 ‘‘(ii) the establishment of procedures 

4 to implement Federal guidance regarding 

5 prevention of overpayments and fraud de6 tection and prevention; and 

7 ‘‘(iii) improving the efficiency and in8 tegrity of claims administration or proc9 essing of claims backlogs due to the pan10 demic; and 

11 ‘‘(B) the development and implementation 

12 of State unemployment fraud recoupment plans, 

13 which shall include— 

14 ‘‘(i) an assessment of the amount and 

15 extent of fraudulently paid unemployment 

16 benefits in 2020 and 2021, as applicable; 

17 ‘‘(ii) an explanation of the causes of 

18 fraudulent payments, including any weak19 nesses in the State’s internal control proce20 dures; 

21 ‘‘(iii) a description of State efforts to 

22 recover fraudulent unemployment pay23 ments; 


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1 ‘‘(iv) a description of State actions 

2 taken to reduce and prevent fraudulent 

3 payments; and 

4 ‘‘(v) the identification of additional re5 sources or authority needed to facilitate re6 covery of fraudulently paid benefits; and 

7 ‘‘(C) targeted funding to support State ef8 forts to claw back fraudulent payments, which 

9 may be done by an independent third party con10 tracted by the State, through State prosecution 

11 of criminal unemployment fraud schemes in co12 ordination with Federal law enforcement offi13 cials, as applicable.’’. 

14 (2) RESERVATION OF FUNDS.—Section 2118(a) 

15 of the CARES Act (15 U.S.C. 9034(a)) is amended 

16 by adding at the end the following: ‘‘Of the amount 

17 made available under this subsection, not less than 

18 $200,000,000 shall be used for grants to States or 

19 territories as described in subsection (b)(3)’’. 

20 (3) EFFECTIVE DATE.—Not later than 60 days 

21 after the date of enactment of this Act, each State 

22 with an agreement under section 2102 of the 

23 CARES Act shall, as a condition of such agreement, 

24 submit to the Secretary of Labor and make publicly 

25 available a State unemployment fraud recoupment 


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1 plan as described in section 2118(b)(3)(B) of such 

2 Act. 

3 (b) ESTABLISHMENT OF THE COVID UNEMPLOY4 MENT FRAUD TASKFORCE.—Section 2118 of the CARES 

5 Act (15 U.S.C. 9034) is amended by adding at the end 

6 the following: 

7 ‘‘(d) ESTABLISHMENT OF THE COVID UNEMPLOY8 MENT FRAUD TASKFORCE.— 

9 ‘‘(1) IN GENERAL.—Not later than 30 days 

10 after the date of enactment of this paragraph, the 

11 Secretary of Labor, the Attorney General, and the 

12 Secretary of Homeland Security shall establish a 

13 joint taskforce, to be known as the ‘COVID Unem14 ployment Fraud Taskforce’, to combat fraud in un15 employment compensation programs. The taskforce 

16 shall— 

17 ‘‘(A) coordinate and support State and 

18 Federal unemployment insurance fraud detec19 tion; 

20 ‘‘(B) identify fraud prevention tools and 

21 make them available to States at no cost or 

22 substantially reduced cost; 

23 ‘‘(C) take the lead with respect to viola24 tions of Federal law on prosecution of individ25 uals suspected of unemployment fraud; 


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1 ‘‘(D) facilitate information sharing regard2 ing unemployment fraud, particularly with re3 gard to international and multi-State organized 

4 crime rings; 

5 ‘‘(E) coordinate with State workforce agen6 cies to develop State unemployment fraud 

7 recoupment plans as described in subsection 

8 (b)(3)(B); and 

9 ‘‘(F) coordinate with the Internal Revenue 

10 Service to assist taxpayers who were victims of 

11 unemployment fraud. 

12 ‘‘(2) STATE DASHBOARD.—Not later than 60 

13 days after the date of enactment of this paragraph, 

14 the COVID Unemployment Fraud Taskforce shall 

15 make available on a public website, and shall update 

16 on a regular basis, a dashboard that shows the sta17 tus of each State’s efforts to prevent fraud and re18 cover fraudulently paid funds, including the amount 

19 of overpayments, prosecutions of unemployment 

20 fraud, and information provided by each State pur21 suant to (b)(3)(B). 

22 ‘‘(3) RESERVATION OF FUNDS.—Of the amount 

23 made available under subsection (a), not less than 

24 $20,000,000 shall be used for the administration 

25 and operations of the COVID Unemployment Fraud 


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1 Taskforce established under paragraph (1), includ2 ing for hiring of personnel to identify and combat 

3 fraud schemes targeting State unemployment com4 pensation systems.’’. 

5 (c) ALLOWING STATES TO RETAIN PERCENTAGE OF

6 OVERPAYMENTS FOR ADMINISTRATION AND PROGRAM IN7 TEGRITY.—The Department of Labor shall issue guidance 

8 to States that allows State workforce agencies to retain 

9 5 percent of any amounts recovered in fraudulent or im10 properly paid State or Federal unemployment benefits 

11 made in 2020 or 2021 for use in administration of the 

12 State’s unemployment compensation program, including 

13 for hiring fraud investigators and for other program integ14 rity purposes. Recovered amounts retained by a State and 

15 used for the purposes described in this subsection shall 

16 not be considered to violate the withdrawal requirements 

17 of section 303(a)(5) of the Social Security Act or section 

18 3304(a)(4) of the Internal Revenue Code of 1986. 

19 SEC. 6. PROTECTIONS FOR TAXPAYERS AND VICTIMS OF 

20 UNEMPLOYMENT FRAUD. 

21 (a) ASSISTANCE FOR VICTIMS OF UNEMPLOYMENT

22 FRAUD.—Section 2118 of the CARES Act (15 U.S.C. 

23 9034), as amended by section 5(b), is further amended 

24 by adding at the end the following: 


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1 ‘‘(e) ASSISTANCE FOR VICTIMS OF UNEMPLOYMENT

2 FRAUD.— 

3 ‘‘(1) IN GENERAL.—The Department of Labor 

4 shall establish an agreement with the Federal Trade 

5 Commission and other identity theft victim resource 

6 centers, as applicable, to assist victims of identity 

7 theft and unemployment fraud, including assistance 

8 with individual case mitigation and victim assist9 ance. 

10 ‘‘(2) RESERVATION OF FUNDS.—Of the amount 

11 made available under subsection (a), not less than 

12 $2,000,000 shall be used for the purposes described 

13 under paragraph (1).’’. 

14 (b) RELIEF FOR TAXPAYERS THAT WERE VICTIMS

15 OF IDENTITY THEFT TO COMMIT UNEMPLOYMENT

16 FRAUD.—The Commissioner of the Internal Revenue 

17 Service, in collaboration with the Secretary of Labor, shall 

18 implement a process to hold harmless taxpayers who are 

19 flagged for unreported income related to Form 1099-G, 

20 Certain Government Payments, in taxable years 2020 and 

21 2021, if such taxpayer claims they are victims of identity 

22 theft, or that fraudulent unemployment benefits were 

23 claimed in their name, such that no penalties or interest 

24 shall accrue against the taxpayer, while the matter is 

25 being investigated and resolved. 


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1 (c) REPORTING UNEMPLOYMENT COMPENSATION

2 OVERPAYMENTS.— 

3 (1) IN GENERAL.—The Secretary of Labor, 

4 through the Office of Unemployment Insurance in 

5 the Employment and Training Administration, shall 

6 collect data from each State on the amounts of over7 payments waived in unemployment compensation 

8 programs, including a breakdown of overpayments 

9 waived and excluded by each State from Form 

10 1099–G, Certain Government Payment during tax11 able years 2020 and 2021, due to suspected or con12 firmed fraud. 

13 (2) REPORT TO CONGRESS.—Not later than 

14 120 days after the date of enactment of this Act, the 

15 Secretary of Labor shall submit a report to the 

16 Committee on Ways and Means of the House of 

17 Representatives and the Committee on Finance of 

18 the Senate that describes the aggregate amount of 

19 overpayments nationally, including the subset of 

20 overpayments made specifically due to fraud, and 

21 detailed by program as applicable, including a sepa22 rate accounting for the pandemic unemployment as23 sistance program. 

24 (3) EXPEDITED COLLECTION.—The Secretary 

25 of Labor may waive the requirements of subchapter 


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1 I of chapter 35 of title 44, United States Code (com2 monly referred to as the ‘‘Paperwork Reduction 

3 Act’’) with respect to the provisions in the amend4 ments made by this Act. 

5 (4) APPLICABILITY.—For purposes of this sec6 tion, the term ‘‘unemployment compensation’’ shall 

7 be considered to refer to— 

8 (A) regular compensation and extended 

9 compensation (as such terms are defined by 

10 section 205 of the Federal-State Extended Un11 employment Compensation Act of 1970); 

12 (B) unemployment compensation (as de13 fined by section 85(b) of the Internal Revenue 

14 Code of 1986) provided under any program ad15 ministered by a State under an agreement with 

16 the Secretary; 

17 (C) pandemic unemployment assistance 

18 under section 2102 of the CARES Act; 

19 (D) pandemic emergency unemployment 

20 compensation under section 2107 of the 

21 CARES Act; and 

22 (E) short-time compensation under a 

23 short-time compensation program (as defined in 

24 section 3306(v) of the Internal Revenue Code of 

25 1986). 


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1 SEC. 7. REINSTATING FEDERAL WORK SEARCH REQUIRE2 MENT. 

3 (a) IN GENERAL.—Section 4102(b) of the Families 

4 First Coronavirus Relief Act (26 U.S.C. 3304 note) is 

5 amended by striking ‘‘work search,’’ after ‘‘with respect 

6 to’’. 

7 (b) EFFECTIVE DATE.—The amendment made under 

8 subsection (a) shall take effect on the date that is 30 days 

9 after the date of enactment of this Act. 

Æ 


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