Pandemic Unemployment Fraud Enforcement Act
Officially: “Pandemic Unemployment Fraud Enforcement Act” Read the full text
What it does
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1Short title
This section would let the Act be officially called the Pandemic Unemployment Fraud Enforcement Act.
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1. Short title This Act may be cited as the Pandemic Unemployment Fraud Enforcement Act .
2Extension of the statute of limitations for fraud by individuals under certain unemployment programs
This section would add a 10-year statute of limitations for fraud connected to pandemic unemployment programs, inserted into the CARES Act in three parallel places. First, for pandemic unemployment assistance under CARES Act section 2102, the section would add a new subsection stating that, notwithstanding any other law, a criminal prosecution or civil enforcement action for a violation of, or conspiracy to violate, any of a specified list of federal offenses (including mail fraud, wire fraud, bank fraud, aggravated identity theft, access device fraud, theft of government property, conspiracy to defraud the United States, money laundering, engaging in transactions in criminally derived property, attempted or conspiracy fraud offenses under 18 U.S.C. 1349, the False Claims Act, and the Program Fraud Civil Remedies Act) must be brought within 10 years after the violation or conspiracy occurred, whenever the unemployment compensation claim involved was funded in whole or in part by pandemic unemployment assistance. This 10-year deadline would not apply to a prosecution or civil enforcement action whose previously applicable statute of limitations had already run out before this Act's enactment date. To make room for this new subsection, the section would renumber the CARES Act's existing subsection (h) of section 2102 as subsection (i). Second, the section would add the identical 10-year statute of limitations, covering the same list of offenses and the same expiration exception, to CARES Act section 2104(f), applying it to unemployment compensation claims funded in whole or in part by Federal Pandemic Unemployment Compensation or Mixed Earner Unemployment Compensation. Third, the section would add the same 10-year statute of limitations, covering the same list of offenses and the same expiration exception, to CARES Act section 2107(e), applying it to unemployment compensation claims funded in whole or in part by pandemic emergency unemployment compensation.
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2. Extension of the statute of limitations for fraud by individuals under certain unemployment programs (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 . .
3Budget offset
This section would rescind $5,000,000 from the unobligated balance of funds made available under section 2118(a) of title II of division A of Public Law 116-136, as added by section 9032 of Public Law 117-2.
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3. Budget offset Out of the unobligated balances of amounts made available by section 2118(a) of title II of division A of Public Law 116–136 , as added by section 9032 of Public Law 117–2 , $5,000,000 are hereby rescinded.
4Effective date
This section states that the amendments made by this Act would take effect on the date the Act is enacted.
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4. Effective date This amendments made by this Act shall take effect on the date of enactment of this Act.
Where it is
In the House.