February 10, 2025
Mr. Smith of Missouri (for himself, Mr. LaHood, Mr. Yakym, Mr. Bean of Florida, Mr. Moran, Ms. Van Duyne, Mr. Feenstra, Mr. Carey, Mr. Miller of Ohio, Mr. Steube, Mr. Buchanan, Ms. Tenney, Mr. Smith of Nebraska, Mrs. Miller of West Virginia, Mr. Smucker, Mr. Kustoff, Ms. Malliotakis, Mr. Murphy, Mr. Moore of Utah, Mr. Estes, Mr. Kelly of Pennsylvania, Mr. Hern of Oklahoma, Mr. Arrington, Mr. Fitzpatrick, Mrs. Fischbach, and Mr. Schweikert) introduced the following bill; which was referred to the Committee on Ways and Means
To amend the CARES Act to extend the statute of limitations for fraud under certain unemployment programs, and for other purposes.
Section 1. Short title
This Act may be cited as the Pandemic Unemployment Fraud Enforcement Act
.
Sec. 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.
Sec. 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.
Sec. 4. Effective date
This amendments made by this Act shall take effect on the date of enactment of this Act.