Recover Fraudulent COVID Funds Act

Recover Fraudulent COVID Funds Act

This bill extends the statute of limitations (i.e., time limit for bringing a legal action) to 10 years for criminal and civil violations involving specified COVID-19 pandemic relief programs, such as violations involving fraudulent activity. Under current law, the statute of limitations is generally five years for violations concerning these pandemic-era programs. The Paycheck Protection Program and the Economic Injury Disaster Loan Program currently have 10-year statutes of limitations relating to program fraud.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 121 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                 S. 121

    To extend the statute of limitations for violations relating to 
                 pandemic-era programs to be 10 years.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2025

  Mr. Lankford (for himself, Ms. Ernst, and Mr. Coons) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To extend the statute of limitations for violations relating to 
                 pandemic-era programs to be 10 years.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Recover Fraudulent COVID Funds 
Act''.

SEC. 2. STATUTE OF LIMITATIONS FOR VIOLATIONS RELATING TO PANDEMIC-ERA 
              PROGRAMS.

    (a) Definitions.--In this section--
            (1) the term ``pandemic-era law'' means--
                    (A) the Coronavirus Preparedness and Response 
                Supplemental Appropriations Act, 2020 (Public Law 116-
                123; 134 Stat. 146);
                    (B) the Families First Coronavirus Response Act 
                (Public Law 116-127; 134 Stat. 177);
                    (C) the CARES Act (Public Law 116-136; 134 Stat. 
                281);
                    (D) the Paycheck Protection Program and Health Care 
                Enhancement Act (Public Law 116-139; 134 Stat. 620);
                    (E) divisions M and N of the Consolidated 
                Appropriations Act, 2021 (Public Law 116-260; 134 Stat. 
                1182);
                    (F) the American Rescue Plan Act of 2021 (Public 
                Law 117-2; 135 Stat. 4); or
                    (G) an amendment made by a law described in 
                subparagraphs (A) through (F); and
            (2) the term ``pandemic-era program violation'' means an 
        offense or other violation of law involving conduct that 
        relates to or involves--
                    (A) a program, project, or activity that was 
                authorized or established by, or was carried out under, 
                a pandemic-era law; or
                    (B) funding provided under a pandemic-era law.
    (b) Extension of Statute of Limitations.--
            (1) Crimes.--No person shall be prosecuted, tried, or 
        punished for any pandemic-era program violation that is a 
        criminal offense unless the indictment is found or the 
        information is instituted--
                    (A) notwithstanding section 3282(a) of title 18, 
                United States Code, within 10 years after such offense 
                shall have been committed; or
                    (B) within such longer period of years after such 
                offense shall have been committed as is otherwise 
                provided by law.
            (2) Tariff act of 1930.--Notwithstanding section 621 of the 
        Tariff Act of 1930 (19 U.S.C. 1621), no civil action, suit, or 
        proceeding for the forfeiture of property accruing under the 
        customs laws of the United States related to a pandemic-era 
        program violation shall be instituted unless such civil action, 
        suit, or proceeding is commenced within 10 years after the time 
        when the alleged pandemic-era program violation was discovered, 
        or within 3 years after the time when the involvement of the 
        property in the alleged pandemic-era program violation was 
        discovered, whichever was later, except that the time of the 
        absence from the United States of the person whose property is 
        subject to forfeiture, or of any concealment or absence of the 
        property, shall not be reckoned within the 10-year period of 
        limitation.
            (3) False claims.--
                    (A) In general.--Notwithstanding section 3731(b)(1) 
                of title 31, United States Code, a civil action under 
                section 3730 of such title alleging a violation of 
                section 3729 of such title that is a pandemic-era 
                program violation may not be brought more than 10 years 
                after the date on which the violation was committed.
                    (B) Notice.--Notwithstanding section 3808 of title 
                31, United States Code, a notice to the person alleged 
                to be liable with respect to a claim or statement that 
                involves a pandemic-era violation shall be mailed or 
                delivered in accordance with section 3803(d)(1) of such 
                title not later than 10 years after the date on which 
                the violation of section 3802 of such title is 
                committed.
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