[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4663 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4663
To improve administration of the unemployment insurance program by
expanding program integrity and anti-fraud activities and improving
access to benefits, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 10, 2024
Mr. Wyden (for himself, Mr. Crapo, Mr. Bennet, Mr. Lankford, Mr. Brown,
Mr. Barrasso, Mr. Peters, Mr. Young, Mr. Whitehouse, Mr. Risch, Mr.
Cardin, and Mr. Tillis) introduced the following bill; which was read
twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To improve administration of the unemployment insurance program by
expanding program integrity and anti-fraud activities and improving
access to benefits, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Unemployment
Insurance Integrity and Accessibility Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--UNEMPLOYMENT INSURANCE FRAUD AND OVERPAYMENT RECOVERY
Sec. 101. Extension of the statute of limitations for fraud by
individuals under certain unemployment
programs.
Sec. 102. Waiver of recovery of nonfraud pandemic overpayments.
Sec. 103. Permissible use of unemployment fund money for program
administration.
TITLE II--UNEMPLOYMENT INSURANCE PROGRAM INTEGRITY
Sec. 201. Use of National Directory of New Hires in administration of
unemployment compensation programs.
Sec. 202. Electronic transmission of unemployment compensation
information.
Sec. 203. Unemployment compensation data cross-matching.
Sec. 204. Incarcerated individuals.
Sec. 205. Regulations.
TITLE III--UNEMPLOYMENT INSURANCE ADMINISTRATION AND TECHNOLOGY
Sec. 301. Access to benefits.
Sec. 302. GAO study and report on the use of funding for unemployment
fraud prevention, equitable access, and
timely payments.
TITLE I--UNEMPLOYMENT INSURANCE FRAUD AND OVERPAYMENT RECOVERY
SEC. 101. 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, 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.
``(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 Unemployment Insurance Integrity and
Accessibility 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,
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.
``(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 Unemployment Insurance Integrity and
Accessibility 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,
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.
``(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 Unemployment Insurance Integrity and
Accessibility Act.''.
(d) FEMA Other Needs Assistance.--
(1) 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,
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.
(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 this section.
(2) Definition.--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).
SEC. 102. WAIVER OF RECOVERY OF NONFRAUD PANDEMIC OVERPAYMENTS.
(a) Pandemic Unemployment Assistance.--Section 2102(d)(4) of the
CARES Act (15 U.S.C. 9021(d)(4)) is amended to read as follows:
``(4) Repayment and waivers of overpayments.--
``(A) Repayment.--Subject to subparagraph (B), in
the case of individuals who have received amounts of
pandemic unemployment assistance to which they were not
entitled, the State shall require such individuals to
repay the amounts of such pandemic unemployment
assistance to the State agency.
``(B) Waivers.--
``(i) General authority.--In the case of an
overpayment of amounts of pandemic unemployment
assistance--
``(I) established on or before
December 31, 2025, a State agency may
waive repayment of such amounts under
subparagraph (A) if the State agency
determines that--
``(aa) the payment of such
pandemic unemployment
assistance was without fault on
the part of any such
individual; and
``(bb) such repayment would
be contrary to equity and good
conscience; and
``(II) established after December
31, 2025, a State agency shall waive
repayment of such amounts under
subparagraph (A) if the State agency
determines that--
``(aa) the payment of such
pandemic unemployment
assistance was not based on
fraud on the part of the
individual; and
``(bb) such repayment would
be contrary to equity and good
conscience.
``(ii) Additional authority.--
``(I) In general.--In addition to
the waiver authority provided under
clause (i) and subject to subclause
(II) of this clause, in the case of an
overpayment of amounts of pandemic
unemployment assistance established on
or before December 31, 2025, if the
State agency has not recovered such
amounts as of the date of enactment of
the Unemployment Insurance Integrity
and Accessibility Act, the State agency
may waive repayment of such amounts to
the State agency if it determines
that--
``(aa) the payment of such
pandemic unemployment
assistance was not based on
fraud on the part of the
individual; and
``(bb) such repayment would
be contrary to equity and good
conscience.
``(II) Rule for amounts previously
recovered.--In the case of an
overpayment of amounts of pandemic
unemployment assistance established on
or before December 31, 2025, that has
been completely or partially recovered
by the State agency prior to the date
of enactment of the Unemployment
Insurance Integrity and Accessibility
Act, with respect to such amount that
has been so recovered--
``(aa) the waiver authority
under subclause (I) of this
clause shall not apply; and
``(bb) the State agency may
waive repayment of such
recovered amounts under the
authority under clause (i)(I).
``(C) Contrary to equity and good conscience.--For
purposes of this paragraph, a repayment shall be
considered contrary to equity and good conscience if--
``(i) recovery would cause financial
hardship to the person from whom it is sought;
``(ii) the recipient of the overpayment can
show (regardless of their financial situation)
that due to the notice that such payment would
be made or because of the incorrect payment,
either they have relinquished a valuable right
or changed positions for the worse;
``(iii) recovery would be unconscionable
under the circumstances; or
``(iv) recovery would be contrary to equity
and good conscience under the State law.''.
(b) Federal Pandemic Unemployment Compensation and Mixed Earner
Unemployment Compensation.--Section 2104(f)(2) of the CARES Act (15
U.S.C. 9023(f)(2)) is amended to read as follows:
``(2) Repayment and waivers of overpayments.--
``(A) Repayment.--Subject to subparagraph (B), in
the case of individuals who have received amounts of
Federal Pandemic Unemployment Compensation or Mixed
Earner Unemployment Compensation to which they were not
entitled, the State shall require such individuals to
repay the amounts of such Federal Pandemic Unemployment
Compensation or Mixed Earner Unemployment Compensation
to the State agency.
``(B) Waivers.--
``(i) General authority.--In the case of an
overpayment of amounts of Federal Pandemic
Unemployment Compensation or Mixed Earner
Unemployment Compensation--
``(I) established on or before
December 31, 2025, a State agency may
waive repayment of such amounts under
subparagraph (A) if the State agency
determines that--
``(aa) the payment of such
Federal Pandemic Unemployment
Compensation or Mixed Earner
Unemployment Compensation was
without fault on the part of
any such individual; and
``(bb) such repayment would
be contrary to equity and good
conscience; and
``(II) established after December
31, 2025, a State agency shall waive
repayment of such amounts under
subparagraph (A) if the State agency
determines that--
``(aa) the payment of such
Federal Pandemic Unemployment
Compensation or Mixed Earner
Unemployment Compensation was
not based on fraud on the part
of the individual; and
``(bb) such repayment would
be contrary to equity and good
conscience.
``(ii) Additional authority.--
``(I) In general.--In addition to
the waiver authority provided under
clause (i) and subject to subclause
(II) of this clause, in the case of an
overpayment of amounts of Federal
Pandemic Unemployment Compensation or
Mixed Earner Unemployment Compensation
established on or before December 31,
2025, if the State agency has not
recovered such amounts as of the date
of enactment of the Unemployment
Insurance Integrity and Accessibility
Act, the State agency may waive
repayment of such amounts to the State
agency if it determines that--
``(aa) the payment of such
Federal Pandemic Unemployment
Compensation or Mixed Earner
Unemployment Compensation was
not based on fraud on the part
of the individual; and
``(bb) such repayment would
be contrary to equity and good
conscience.