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Code · BILL · 118th Congress · S. 4663 (Introduced in Senate) — To improve administration of the unemployment insurance program by expanding program integrity and anti-fraud activit... · Sec. 101

Sec. 101. Extension of the statute of limitations for fraud by individuals under certain unemployment programs

680 words·~3 min read·/bill/118/s/4663/is/section-101

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Section 2102 of the CARES Act ( 15 U.S.C. 9021 ) is amended— by redesignating subsection
(h)as subsection (i); and by inserting after subsection
(g)the following new subsection: 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, 1028A, 1029, 1341, 1343, or 1349 of title 18, United States Code, or section 3729 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. 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 Unemployment Insurance Integrity and Accessibility Act . . Section 2104(f) of the CARES Act ( 15 U.S.C. 9023(f) ) is amended by adding at the end the following new paragraph: 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, 1028A, 1029, 1341, 1343, or 1349 of title 18, United States Code, or section 3729 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. 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 Unemployment Insurance Integrity and Accessibility Act . . Section 2107(e) of the CARES Act ( 15 U.S.C. 9025(e) ) is amended by adding at the end the following new paragraph: 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, 1028A, 1029, 1341, 1343, or 1349 of title 18, United States Code, or section 3729 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. 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 Unemployment Insurance Integrity and Accessibility Act . . 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, 1028A, 1029, 1341, 1343, or 1349 of title 18, United States Code, or section 3729 of title 31, United States Code, with respect to other needs assistance for lost wages to supplement unemployment assistance available under programs administered by the Department of Labor shall be brought not later than 10 years after the date of the violation or conspiracy. 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 this section. In paragraph (1), the term other needs assistance for lost wages to supplement unemployment assistance means any supplementary payment funded in whole or in part by financial assistance under section 408(e)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174(e)(2) ) relating to a major disaster declared by the President under section 401 of such Act ( 42 U.S.C. 5170 ) to supplement recovery efforts in areas affected by the Coronavirus Disease 2019 (COVID–19).
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