H.R. 1156
Pandemic Unemployment Fraud Enforcement Act
Sponsor: Jason Smith
25 cosponsors
- Aaron Bean
- Adrian Smith
- Beth Van Duyne
- Blake D. Moore
- Brian K. Fitzpatrick
- Carol D. Miller
- Claudia Tenney
- Darin LaHood
- David Kustoff
- David Schweikert
- Gregory F. Murphy
- Jodey C. Arrington
- Kevin Hern
- Lloyd Smucker
- Max L. Miller
- Michelle Fischbach
- Mike Carey
- Mike Kelly
- Nathaniel Moran
- Nicole Malliotakis
- Randy Feenstra
- Ron Estes
- Rudy Yakym III
- Vern Buchanan
- W. Gregory Steube
Official summary
Written by the Congressional Research Service.
Pandemic Unemployment Fraud Enforcement Act
This bill extends from 5 to 10 years the statute of limitations for federal criminal charges or civil enforcement actions for fraud related to several unemployment insurance programs that were established during the COVID-19 pandemic.
The extension applies to Pandemic Unemployment Assistance, Federal Pandemic Unemployment Compensation, Mixed Earners Unemployment Compensation, and Pandemic Emergency Unemployment Compensation. The bill extends the statute of limitations for (1) criminal charges related to fraud, including aggravated identity theft, wire fraud, and conspiracy to commit fraud; and (2) civil actions involving false claims. However, the bill does not apply to a criminal prosecution or civil enforcement action if the applicable statute of limitations expired before the date of the bill's enactment.
Additionally, the bill rescinds specified unobligated funds that were provided in the American Rescue Plan Act of 2021 to the Department of Labor for anti-fraud and program integrity activities.
Text of the bill
(a) Pandemic unemployment assistance. Section 2102 of the CARES Act (15 U.S.C. 9021) is amended—
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new subsection:
(h) Statute of Limitations
(1) In general. Notwithstanding any other provision of law and subject to paragraph (2), any criminal prosecution or civil enforcement action for a violation of, or conspiracy to violate, section 371, 641, 1028A, 1029, 1341, 1343, 1344, 1349, 1956, or 1957 of title 18, United States Code, or section 3729 or 3801 of title 31, United States Code, with respect to any unemployment compensation claim funded in whole or in part by pandemic unemployment assistance under this section shall be brought not later than 10 years after the date of the violation or conspiracy.
(2) Exception. Paragraph (1) shall not apply with respect to a criminal prosecution or civil enforcement action if the statute of limitations applicable to such criminal prosecution or civil enforcement action expired prior to the date of enactment of the Pandemic Unemployment Fraud Enforcement Act.
(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 by adding at the end the following new paragraph:
(5) Statute of Limitations
(A) In general. Notwithstanding any other provision of law and subject to subparagraph (B), any criminal prosecution or civil enforcement action for a violation of, or conspiracy to violate, section 371, 641, 1028A, 1029, 1341, 1343, 1344, 1349, 1956, or 1957 of title 18, United States Code, or section 3729 or 3801 of title 31, United States Code, with respect to 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 brought not later than 10 years after the date of the violation or conspiracy.
(B) Exception. Subparagraph (A) shall not apply with respect to a criminal prosecution or civil enforcement action if the statute of limitations applicable to such criminal prosecution or civil enforcement action expired prior to the date of enactment of the Pandemic Unemployment Fraud Enforcement Act.
(c) Pandemic emergency unemployment compensation. Section 2107(e) of the CARES Act (15 U.S.C. 9025(e)) is amended by adding at the end the following new paragraph:
(5) Statute of Limitations
(A) In general. Notwithstanding any other provision of law and subject to subparagraph (B), any criminal prosecution or civil enforcement action for a violation of, or conspiracy to violate, section 371, 641, 1028A, 1029, 1341, 1343, 1344, 1349, 1956, or 1957 of title 18, United States Code, or section 3729 or 3801 of title 31, United States Code, with respect to any unemployment compensation claim funded in whole or in part by Pandemic Emergency Unemployment Compensation under this section shall be brought not later than 10 years after the date of the violation or conspiracy.
(B) Exception. Subparagraph (A) shall not apply with respect to a criminal prosecution or civil enforcement action if the statute of limitations applicable to such criminal prosecution or civil enforcement action expired prior to the date of enactment of the Pandemic Unemployment Fraud Enforcement Act.