[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.