Sec. 102. Recovery of overpayments attributable to fraud
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/bill/117/hr/4190/ih/section-102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 2102(f)(3) of the CARES Act ( 15 U.S.C. 9021(f)(3) ) is amended by adding at the end the following: In any case in which a State agency makes an overpayment of assistance to any individual under an agreement under this section, the State shall make restitution to the Secretary for the amount of such overpayment. . The amendments made by paragraph
(1)shall take effect as if included in the enactment of the CARES Act ( Public Law 116–136 ). Section 3304(a) of the Internal Revenue Code of 1986 is amended— in paragraph (4), by striking and at the end of subparagraph (F), by inserting and at the end of subparagraph (G), and by adding at the end the following: amounts may be withdrawn for the payment of fees in accordance with paragraph (19); ; and by striking and at the end of paragraph (18), by redesignating paragraph
(19)as paragraph (20), and by inserting after paragraph
(18)the following: in the case of any State that fails to recover at least 75 percent of amounts of pandemic unemployment assistance paid to individuals who fraudulently obtained such assistance under section 2102 of the CARES Act prior to December 31, 2022, the payment of a processing fee to the Secretary of the Treasury, for each withdrawal made from the unemployment fund of the State, in a total amount equal to the amounts of such assistance unrecovered as of such date, to be amortized, as determined by the Secretary of Labor, over a 5-year period beginning on January 1, 2023, except that in no case may the method governing the computation of regular compensation (as defined in section 205(2) of the Federal-State Extended Unemployment Compensation Act of 1970) under the State law be modified in a manner such that the number of weeks, or the average weekly benefit amount, of regular compensation (as so defined) which will be payable after any such withdrawal be less than the number of weeks, or the average weekly benefit amount, of the average weekly benefit amount of regular compensation (as so defined) which would otherwise have been payable at such time under the State law, as in effect on January 1, 2020; and . Section 303(a)(5) of the Social Security Act ( 42 U.S.C. 503(a)(5) ) is amended by striking ; and at the end and inserting : . Provided further ; That amounts may be withdrawn for the payment of fees in accordance with paragraph
(19)of section 3304(a) of the Internal Revenue Code of 1986
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Sec. 102
Recovery of overpayments attributable to fraud
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