Us Congress House Bill HB5107

Us Congress 2023-2024 Regular Session

• Introduced: 8/1/23
• Refer: 8/1/23

Caption

Pandemic Unemployment Fraud Recoupment Act

Impact

The implications of this bill are significant, particularly for state unemployment agencies tasked with the oversight of fraudulent claims. It modifies various sections of the CARES Act, explicitly emphasizing that any fraudulent activity should result in disqualification from receiving further pandemic unemployment benefits. Additionally, it establishes the requirement for individuals who have received payments without proper entitlement to repay those amounts unless specific conditions—like faultlessness—are met. This change could lead to heightened scrutiny of unemployment claims and may impact the livelihoods of those flagged for alleged fraud.

Summary

House Bill 5107, also known as the Pandemic Unemployment Fraud Recoupment Act, proposes crucial amendments to the CARES Act concerning the statute of limitations for fraud related to COVID-19 unemployment programs. The bill specifically seeks to extend the statute of limitations for filing criminal charges or civil enforcement actions against individuals accused of fraudulently obtaining pandemic unemployment assistance from the current three years to ten years. This extension aims to give authorities more time to investigate and address fraudulent claims that may have surfaced during the pandemic period.

Contention

Notable points of contention surrounding HB 5107 arise from concerns about its potential to penalize individuals wrongfully accused of fraud or those who were unaware of the stipulations surrounding their benefits. Critics argue that extending the statute of limitations could lead to significant financial burdens on individuals, especially if repayments are enforced without taking fault into account. Furthermore, the ability of state agencies to waive repayment based on equity and good conscience is seen as a necessary safeguard, but it could also introduce complexities in enforcement and lead to disparities in treatment among claimants.