H.R.1156 - Pandemic Unemployment Fraud Enforcement Act (119th Congress)
Summary
H.R.1156, the Pandemic Unemployment Fraud Enforcement Act, aims to amend the CARES Act by extending the statute of limitations for prosecuting fraud related to pandemic unemployment assistance programs. The bill extends the statute of limitations to 10 years for criminal and civil enforcement actions related to fraud in Pandemic Unemployment Assistance, Federal Pandemic Unemployment Compensation, and Pandemic Emergency Unemployment Compensation. It also rescinds $5 million from unobligated balances made available by section 2118(a) of title II of division A of Public Law 116-136.
Expected Effects
The primary effect of this bill, if enacted, would be to provide more time for the government to pursue cases of unemployment fraud that occurred during the pandemic. This could lead to increased prosecution of fraudulent claims and recovery of funds. The rescission of $5 million could slightly reduce the funds available for other programs authorized under the CARES Act.
Potential Benefits
- Increased Accountability: Extends the time frame to prosecute unemployment fraud, potentially deterring future abuse.
- Recovery of Funds: Allows for more time to recover fraudulently obtained unemployment benefits.
- Discourages Fraud: The extended statute of limitations may discourage individuals from attempting to defraud unemployment programs.
- Addresses Past Wrongdoing: Provides a longer window to address fraudulent activities that occurred during the pandemic.
- Potential Cost Savings: Recovered funds can be used to offset government spending or reduce the deficit.
Potential Disadvantages
- Increased Litigation Costs: Longer statute of limitations could lead to increased costs for investigations and prosecutions.
- Potential for Stale Evidence: Evidence may become less reliable over a longer period, making prosecutions more difficult.
- Retroactive Application Concerns: While the bill includes an exception for expired statutes of limitations, there could still be legal challenges related to its application.
- Rescission Impact: The $5 million rescission could slightly reduce funding for other programs authorized under the CARES Act.
- Focus on Punishment: The bill primarily focuses on punishment rather than prevention of unemployment fraud.
Constitutional Alignment
The bill appears to align with the Constitution, specifically Article I, Section 8, which grants Congress the power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States. By addressing fraud in unemployment programs, the bill aims to ensure the proper use of government funds. The extended statute of limitations does not appear to violate any specific constitutional protections, as it applies prospectively and includes an exception for expired limitations periods. The bill does not infringe upon individual liberties or rights protected by the Bill of Rights.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).