I 
118TH CONGRESS 
1ST SESSION H. R. 5107 
To extend the statute of limitations for fraud by individuals under the 
COVID–19 unemployment programs. 
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. MCCOR-
MICK) 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Pandemic Unemploy-
ment Fraud Recoupment Act’’. 
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SEC. 2. EXTENSION OF THE STATUTE OF LIMITATIONS FOR 
FRAUD BY INDIVIDUALS UNDER THE COVID– 
19 UNEMPLOYMENT PROGRAMS. 
(a) PANDEMIC UNEMPLOYMENT ASSISTANCE.—Sec-
tion 2102 of the CARES Act (15 U.S.C. 9021) is amend-
ed— 
(1) in subsection (d), by striking paragraph (4); 
(2) by redesignating subsection (h) as sub-
section (i); and 
(3) by inserting after subsection (g) the fol-
lowing 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 unemploy-
ment assistance under this section in accordance 
with the provisions of the applicable State unemploy-
ment compensation law relating to fraud in connec-
tion with a claim for unemployment compensation. 
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‘‘(2) REPAYMENT.—In the case of individuals 
who have received amounts of pandemic unemploy-
ment assistance under this section to which they 
were not entitled, the State shall require such indi-
viduals to repay the amounts of such pandemic un-
employment assistance to the State agency, except 
that the State agency may waive such repayment if 
it determines that— 
‘‘(A) the payment of such pandemic unem-
ployment 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 unemploy-
ment compensation payable to such individual 
under any State or Federal unemployment com-
pensation law administered by the State agency 
or under any other State or Federal law admin-
istered 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 individ-
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uals received the payment of the pandemic un-
employment assistance to which they were not 
entitled, in accordance with the same proce-
dures 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 deter-
minations under the State unemployment compensa-
tion law, and only in that manner and to that ex-
tent. 
‘‘(5) STATUTE
OF
LIMITATIONS.—Notwith-
standing any other provision of law, any criminal 
charge or civil enforcement action alleging that an 
individual engaged in fraud with respect to the pay-
ment of any unemployment compensation claim 
funded in whole or in part by pandemic unemploy-
ment assistance under this section shall be filed not 
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later than 10 years after the date on which the con-
duct that constitutes the fraud was committed.’’. 
(b) FEDERAL PANDEMIC UNEMPLOYMENT COM-
PENSATION AND MIXED EARNER UNEMPLOYMENT COM-
PENSATION.—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.—Notwith-
standing any other provision of law, any criminal 
charge or civil enforcement action alleging that an 
individual engaged in fraud with respect to the pay-
ment of any unemployment compensation claim 
funded in whole or in part by Federal Pandemic Un-
employment Compensation or Mixed Earner Unem-
ployment Compensation under this section shall be 
filed not later than 10 years after the date on which 
the conduct that constitutes the fraud was com-
mitted.’’. 
(c) PANDEMIC EMERGENCY UNEMPLOYMENT COM-
PENSATION.—Section 2107(e) of the CARES Act (15 
U.S.C. 9025(e)) is amended— 
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(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.—Notwith-
standing any other provision of law, any criminal 
charge or civil enforcement action alleging that an 
individual engaged in fraud with respect to the pay-
ment 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 indi-
vidual knowingly has made, or caused to be made by 
another, a false statement or representation of a ma-
terial fact, or knowingly has failed, or caused an-
other to fail, to disclose a material fact, and as a re-
sult of such false statement or representation or of 
such nondisclosure such individual has received an 
amount of lost wages assistance to which such indi-
vidual was not entitled, such individual shall be ineli-
gible for further lost wages assistance in accordance 
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with the provisions of the applicable State unemploy-
ment compensation law relating to fraud in connec-
tion 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 re-
quire 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 assist-
ance 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 compensa-
tion law administered by the State agency or 
under any other State or Federal law adminis-
tered by the State agency which provides for 
the payment of any assistance or allowance with 
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respect to any week of unemployment, during 
the 10-year period after the date such individ-
uals received the payment of the lost wages as-
sistance to which they were not entitled, in ac-
cordance with the same procedures as apply to 
the recovery of overpayments of regular unem-
ployment benefits paid by the State. 
(B) OPPORTUNITY FOR HEARING.—No re-
payment 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 as-
sistance shall be subject to review in the same man-
ner 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.—Notwith-
standing any other provision of law, any criminal 
charge or civil enforcement action alleging that an 
individual engaged in fraud with respect to the pay-
ment of any unemployment compensation claim 
funded in whole or in part by lost wages assistance 
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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 Fed-
eral Emergency Management Agency pursuant 
to the memorandum of the President entitled 
‘‘Memorandum on Authorizing the Other Needs 
Assistance Program for Major Disaster Dec-
larations 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 Ex-
tended Unemployment Compensation Act of 
1970 (26 U.S.C. 3304 note). 
Æ 
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