,,ii #aahth ,,congress #ast ,session ,s4 #ajah ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bh1 #bjbc,mr4 ,marshall 7for himself1 ,mrs4 ,blackburn1 ,mr4 ,braun1 ,ms4 ,ernst1 ,mr4 ,cramer1 and ,mr4 ,scott of ,florida7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to extend the statute of limitations for fraud by individuals under the ,,covid-#ai unemployment programs4 #a4 ,short title ,this ,act may be cited as the ,pandemic ,unemployment ,fraud ,recoupment ,act4 #b4 ,extension of the statute of limitations for fraud by individuals under the ,,covid-#ai unemployment programs 7a7 ,pandemic unemployment assistance ,section #bajb of the ,,cares ,act 7#ae ,u4,s4,c4 #ijba7 is amended-- 7#a7 in subsection 7d71 by striking paragraph 7#d72 7#b7 by redesignating subsection 7h7 as subsection 7i72 and 7#c7 by inserting after subsection 7g7 the following new subsection3 7h7 ,fraud and overpayments 7#a7 ,in general ,if an individual knowingly has made1 or caused to be made by another1 a false statement or representation of a material fact1 or knowingly has failed1 or caused another to fail1 to disclose a material fact1 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 entitled1 such individual shall be ineligible for further pandemic unemployment assistance under this section in accordance with the provisions of the applicable ,state unemployment compensation law relating to fraud in connection with a claim for unemployment compensation4 7#b7 ,repayment ,in the case of individuals who have received amounts of pandemic unemployment assistance under this section to which they were not entitled1 the ,state shall require such individuals to repay the amounts of such pandemic unemployment assistance to the ,state agency1 except that the ,state agency may waive such repayment if it determines that-- 7,a7 the payment of such pandemic unemployment assistance was without fault on the part of any such individual2 and 7,b7 such repayment would be contrary to equity and good conscience4 7#c7 ,recovery by ,state agency 7,a7 ,in general ,the ,state agency shall recover the amount to be repaid1 or any part thereof1 by deductions from any unemployment compensation payable to such individual under any ,state or ,federal unemployment compensation law administered by the ,state agency or under any other ,state or ,federal law administered by the ,state agency which provides for the payment of any assistance or allowance with respect to any week of unemployment1 during the #aj-year period after the date such individuals received the payment of the pandemic unemployment assistance to which they were not entitled1 in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the ,state4 7,b7 ,opportunity for hearing ,no repayment shall be required1 and no deduction shall be made1 until a determination has been made1 notice thereof and an opportunity for a fair hearing has been given to the individual1 and the determination has become final4 7#d7 ,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 determinations under the ,state unemployment compensation law1 and only in that manner and to that extent4 7#e7 ,statute of ,limitations ,notwithstanding any other provision of law1 any criminal charge or civil enforcement action alleging that an individual engaged in fraud with respect to the payment of any unemployment compensation claim funded in whole or in part by pandemic unemployment assistance under this section shall be filed not later than #aj years after the date on which the conduct that constitutes the fraud was committed4 4 7b7 ,federal ,pandemic ,unemployment ,compensation and ,mixed ,earner ,unemployment compensation ,section #bajd7;f7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbc7;f77 is amended-- 7#a7 in paragraph 7#c77;,a71 by striking #c-year and inserting #aj-year2 and 7#b7 by adding at the end the following new paragraph3 7#e7 ,statute of ,limitations ,notwithstanding any other provision of law1 any criminal charge or civil enforcement action alleging that an individual engaged in fraud with respect to the payment of 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 filed not later than #aj years after the date on which the conduct that constitutes the fraud was committed4 4 7c7 ,pandemic emergency unemployment compensation ,section #bajg7;e7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbe7;e77 is amended-- 7#a7 in paragraph 7#c77;,a71 by striking #c-year and inserting #aj-year2 and 7#b7 by adding at the end the following new paragraph3 7#e7 ,statute of ,limitations ,notwithstanding any other provision of law1 any criminal charge or civil enforcement action alleging that an individual engaged in fraud with respect to the payment 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 #aj years after the date on which the conduct that constitutes the fraud was committed4 4 7d7 ,lost wages assistance 7#a7 ,fraud and overpayments ,if an individual knowingly has made1 or caused to be made by another1 a false statement or representation of a material fact1 or knowingly has failed1 or caused another to fail1 to disclose a material fact1 and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of lost wages assistance to which such individual was not entitled1 such individual shall be ineligible for further lost wages assistance in accordance with the provisions of the applicable ,state unemployment compensation law relating to fraud in connection with a claim for unemployment compensation4 7#b7 ,repayment ,in the case of individuals who have received amounts of lost wages assistance to which they were not entitled1 the ,state shall require such individuals to repay the amounts of such lost wages assistance to the ,state agency1 except that the ,state agency may waive such repayment if it determines that-- 7,a7 the payment of such lost wages assistance was without fault on the part of any such individual2 and 7,b7 such repayment would be contrary to equity and good conscience4 7#c7 ,recovery by ,state agency 7,a7 ,in general ,the ,state agency shall recover the amount to be repaid1 or any part thereof1 by deductions from any unemployment compensation payable to such individual under any ,state or ,federal unemployment compensation law administered by the ,state agency or under any other ,state or ,federal law administered by the ,state agency which provides for the payment of any assistance or allowance with respect to any week of unemployment1 during the #aj-year period after the date such individuals received the payment of the lost wages assistance to which they were not entitled1 in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the ,state4 7,b7 ,opportunity for hearing ,no repayment shall be required1 and no deduction shall be made1 until a determination has been made1 notice thereof and an opportunity for a fair hearing has been given to the individual1 and the determination has become final4 7#d7 ,review ,any determination by a ,state agency with respect to payments of lost wages assistance shall be subject to review in the same manner and to the same extent as determinations under the ,state unemployment compensation law1 and only in that manner and to that extent4 7#e7 ,statute of ,limitations ,notwithstanding any other provision of law1 any criminal charge or civil enforcement action alleging that an individual engaged in fraud with respect to the payment of any unemployment compensation claim funded in whole or in part by lost wages assistance shall be filed not later than #aj years after the date on which the conduct that constitutes the fraud was committed4 7#f7 ,definitions ,in this subsection3 7,a7 ,lost wages assistance ,in this subsection1 the term lost wages assistance means financial assistance provided by the ,federal ,emergency ,management ,agency pursuant to the memorandum of the ,president entitled ,memorandum on ,authorizing the ,other ,needs ,assistance ,program for ,major ,disaster ,declarations ,related to ,coronavirus ,disease #bjai and dated ,august #h1 #bjbj4 7,b7 ,state agency1 ,state law1 and week ,the terms ,state agency1 ,state law1 and week have the meaning given such terms in section #bje of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note74