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.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1156 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1156
To amend the CARES Act to extend the statute of limitations for fraud
under certain unemployment programs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
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
_______________________________________________________________________
A BILL
To amend the CARES Act to extend the statute of limitations for fraud
under certain unemployment programs, and for other purposes.
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
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Committee Consideration and Mark-up Session Held
Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 24 - 18.
Reported (Amended) by the Committee on Ways and Means. H. Rept. 119-6.
Reported (Amended) by the Committee on Ways and Means. H. Rept. 119-6.
Placed on the Union Calendar, Calendar No. 2.
Rules Committee Resolution H. Res. 211 Reported to House. Rule provides for consideration of H.J. Res. 25, H.R. 1156 and H.R. 1968. The resolution provides for consideration of H.J. Res. 25, H.R. 1156, and H.R. 1968 under a closed rule. Also, the resolution provides for one hour of general debate and one motion to recommit on each measure.
Considered under the provisions of rule H. Res. 211. (consideration: CR H1093-1099)
Rule provides for consideration of H.J. Res. 25, H.R. 1156 and H.R. 1968. The resolution provides for consideration of H.J. Res. 25, H.R. 1156, and H.R. 1968 under a closed rule. Also, the resolution provides for one hour of general debate and one motion to recommit on each measure.
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DEBATE - The House proceeded with one hour of debate on H.R. 1156.
The previous question was ordered pursuant to the rule.
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 1156, the Chair put the question on passage of the bill and by voice vote announced that the ayes had prevailed. Mr. Davis (IL) demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H1124)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 295 - 127 (Roll no. 68). (text of amendment in the nature of a substitute: CR H1093-1094)
Roll Call #68 (House)On passage Passed by the Yeas and Nays: 295 - 127 (Roll no. 68). (text of amendment in the nature of a substitute: CR H1093-1094)
Roll Call #68 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 29.