,,ii #aaith ,,congress #b;d ,session ,s4 #ebgb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #e1 #bjbf,mr4 ,lankford introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to recover unclaimed pandemic-era unemployment compensation funds held by financial institutions or escheated to ,state unclaimed property administrators1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,recover ,,covid ,unemployment ,fraud in ,banks ,act4 #b4 ,national recovery coordinator and task force 7a7 ,in general 7#a7 ,designation of national recovery coordinator ,the ,secretary of ,labor1 in consultation with the ,secretary of the ,treasury1 the ,inspector ,general of the ,department of ,labor1 and the ,attorney ,general1 shall designate an official to serve as ,national ,recovery ,coordinator to oversee and coordinate the activities and responsibilities of the task force described in paragraph 7#b74 7#b7 ,task force establishment ,not later than #cj days after the date of enactment of this ,act1 the ,national ,recovery ,coordinator shall convene a task force to be named the ,recover ,pandemic ,unemployment ,funds in ,banks ,task ,force 7in this section referred to as the ,task ,force74 7#c7 ,members ,the ,task ,force shall include-- 7,a7 the ,attorney ,general1 or their designee2 7,b7 the ,secretary of ,labor1 or their designee2 7,c7 the ,inspector ,general of the ,department of ,labor1 or their designee2 7,d7 the ,secretary of the ,treasury1 or their designee2 7,e7 the ,chairman of the ,federal ,deposit ,insurance ,corporation1 or their designee2 and 7,f7 the ,director of the ,consumer ,financial ,protection ,bureau1 or their designee4 7b7 ,task force responsibilities ,it shall be the responsibility of the ,task ,force to-- 7#a7 coordinate with applicable ,state agencies to identify ,federal pandemic unemployment compensation payments issued on prepaid debit cards that-- 7,a7 are held by financial institutions1 and other entities identified by the ,inspector ,general of the ,department of ,labor1 contracted by a ,state agency to transfer such payments to unemployment claimants2 or 7,b7 were transferred by such an entity to1 and are currently held by1 a ,state agency responsible for unclaimed property2 7#b7 coordinate with appropriate ,federal agencies to develop model processes which comply with relevant ,federal and ,state laws and result in cost-effective recovery of the payments identified under paragraph 7#a71 including issuing guidance1 in coordination with the ,secretary of ,labor1 to administrators of ,state agencies responsible for administering ,federal unemployment compensation payments or determining fraud in such programs1 including-- 7,a7 guidelines for-- 7i7 reviewing such payments and determining if such a payment was an improper payment2 7ii7 determining whether cost-effective recovery of an improper payment is possible1 including a threshold1 or a methodology for calculating a dollar threshold1 for cost-effective recovery2 and 7iii7 actions1 consistent with ,state law1 to be taken by the ,state agency if an improper payment is determined to be the result of fraud2 7,b7 assurances that1 subject to section #cjc7;g7 of the ,social ,security ,act 7#db ,u4,s4,c4 #ejc7;g771 any action taken in relation to a determination that a payment identified under paragraph 7#a7 is an improper payment shall be taken under ,state law2 7,c7 a model notice and information1 developed in coordination with the ,consumer ,financial ,protection ,bureau1 about resources available to individuals whose identity information is determined to have been fraudulently used to obtain ,federal pandemic unemployment compensation2 7,d7 information on the legal pathways described under paragraphs 7#c7 and 7#d7 for recovery of payments that are improper payments held by financial institutions and agencies described in paragraph 7#a72 and 7,e7 procedural requirements for ,state agencies to follow when funds are returned by such institutions that provides a standardized methodology to return funds to the ,federal ,government2 7#c7 issue guidance1 in coordination with the ,comptroller of the ,currency and ,chairman of the ,federal ,deposit ,insurance ,corporation1 to financial institutions described in paragraph 7#a7 that are holding payments that are improper payments that provides information on a legal pathway1 consistent with banking regulations and applicable contracts with ,state agencies1 for returning such payments to the appropriate ,state agency2 and 7#d7 issue guidance1 in coordination with the ,secretary of ,treasury1 to administrators of ,state agencies responsible for unclaimed property on the obligations of such agencies to review and return payments described in paragraph 7#a77;,b7 to the appropriate ,state agency4 7c7 ,consultation requirement ,in developing the guidance required to be issued under paragraphs 7#b71 7#c71 and 7#d7 of subsection 7b71 the ,task ,force shall consult with ,state agencies and incorporate best practices from previous attempts by any such ,states to recover payments determined to be improper payments from institutions described in paragraph 7#a77;,a7 of such subsection4 7d7 ,state administrative costs ,the ,secretary of ,labor shall reimburse ,states for all administrative costs incurred as a result of coordination with the ,task ,force by reason of an agreement under section #bajb1 #bajd1 or #bajg of the ,,cares ,act 7#ae ,u4,s4,c4 #ibja2 #ibjc2 #ibje74 7e7 ,definitions ,except as otherwise specified1 in this section3 7#a7 ,federal pandemic unemployment compensation ,the term ,federal pandemic unemployment compensation means a payment of-- 7,a7 pandemic unemployment assistance under section #bajb7;b7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijba7;b772 7,b7 ,federal ,pandemic ,unemployment ,compensation and ,mixed ,earner ,unemployment ,compensation under section #bajd7;b77#a7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbc7;b77#a772 and 7,c7 pandemic emergency unemployment compensation under section #bajg7;a77#b7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbe7;a77#b774 7#b7 ,improper payment ,the term improper payment means any amount of a pandemic unemployment payment to which the individual is not entitled4 7#c7 ,state2 ,state agency2 ,state law ,the terms ,state1 ,state agency1 and ,state law have the meanings given those terms in section #bje of the ,federal-,state ,extended ,unemployment ,compensation ,act of #aigj 7#bf ,u4,s4,c4 #ccjd note74 #c4 ,extension of the statute of limitations for pandemic unemployment fraud by individuals under certain unemployment programs 7a7 ,pandemic unemployment assistance ,section #bajb of the ,,cares ,act 7#ae ,u4,s4,c4 #ijba7 is amended-- 7#a7 by redesignating subsection 7h7 as subsection 7i72 and 7#b7 by inserting after subsection 7g7 the following new subsection3 7h7 ,statute of ,limitations 7#a7 ,in general ,notwithstanding any other provision of law and subject to paragraph 7#b71 any criminal prosecution or civil enforcement action for a violation of1 or conspiracy to violate1 section #cga1 #fda1 #ajbh;,a1 #ajbi1 #acda1 #acdc1 #acdd1 #acdi1 #aief1 or #aieg of title #ah1 ,united ,states ,code1 or section #cgbi or #chjb of title #ca1 ,united ,states ,code1 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 #aj years after the date of the violation or conspiracy4 7#b7 ,exception ,paragraph 7#a7 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 ,recover ,,covid ,unemployment ,fraud in ,banks ,act4 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 by adding at the end the following new paragraph3 7#e7 ,statute of ,limitations 7,a7 ,in general ,notwithstanding any other provision of law and subject to subparagraph 7,b71 any criminal prosecution or civil enforcement action for a violation of1 or conspiracy to violate1 section #cga1 #fda1 #ajbh;,a1 #ajbi1 #acda1 #acdc1 #acdd1 #acdi1 #aief1 or #aieg of title #ah1 ,united ,states ,code1 or section #cgbi or #chjb of title #ca1 ,united ,states ,code1 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 #aj years after the date of the violation or conspiracy4 7,b7 ,exception ,subparagraph 7,a7 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 ,recover ,,covid ,unemployment ,fraud in ,banks ,act4 4 7c7 ,pandemic emergency unemployment compensation ,section #bajg7;e7 of the ,,cares ,act 7#ae ,u4,s4,c4 #ijbe7;e77 is amended by adding at the end the following new paragraph3 7#e7 ,statute of ,limitations 7,a7 ,in general ,notwithstanding any other provision of law and subject to subparagraph 7,b71 any criminal prosecution or civil enforcement action for a violation of1 or conspiracy to violate1 section #cga1 #fda1 #ajbh;,a1 #ajbi1 #acda1 #acdc1 #acdd1 #acdi1 #aief1 or #aieg of title #ah1 ,united ,states ,code1 or section #cgbi or #chjb of title #ca1 ,united ,states ,code1 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 #aj years after the date of the violation or conspiracy4 7,b7 ,exception ,subparagraph 7,a7 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 ,recover ,,covid ,unemployment ,fraud in ,banks ,act4 4 7d7 ,effective date ,the amendments made by this section shall take effect on the date of enactment of this ,act4