[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.