Pandemic Unemployment Fraud Recoupment Act

Subjects: Labor and Employment


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1018 Introduced in Senate (IS)]

&lt;DOC&gt;






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).
                                 &lt;all&gt;
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