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S. 2742, Recovering Fraudulent Claims Act

Summary

S. 2742, the Recovering Fraudulent Claims Act, is a Senate bill introduced September 14, 2021 by Thune, for himself and Crapo, to establish the COVID–19 Unemployment Insurance Fraud Task Force, and for other purposes. It was referred to the Committee on Finance. Section 2 provides for identification of and investigation into fraudulent payment of COVID–19 unemployment insurance benefits to any individual, entity, or organization that was not eligible, and into attempts to steal the identity of any United States citizen to obtain those benefits, including synthetic identity theft. The Task Force submits its findings to the Attorney General.

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Congressional materials
Document type
Bills Bills 117S2742Is Bills 117S2742Is
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Bills Bills 117S2742Is Bills 117S2742Is

Cite this document

“S. 2742, Recovering Fraudulent Claims Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s2742is-bills-117s2742is/, SHA-256 804c85a20fc0e9f42b872599969346211f5348bfd311120a00c4ba6c85bcb052.

Full text

                                                                                                                                                                          II




                                                                       117TH CONGRESS
                                                                          1ST SESSION
                                                                                                              S. 2742
                                                                          To establish the COVID–19 Unemployment Insurance Fraud Task Force,
                                                                                                 and for other purposes.




                                                                                   IN THE SENATE OF THE UNITED STATES
                                                                                                 SEPTEMBER 14, 2021
                                                                        Mr. THUNE (for himself and Mr. CRAPO) introduced the following bill; which
                                                                               was read twice and referred to the Committee on Finance




                                                                                                                 A BILL
                                                                       To establish the COVID–19 Unemployment Insurance Fraud
                                                                                    Task Force, and for other purposes.

                                                                         1              Be it enacted by the Senate and House of Representa-
                                                                         2 tives of the United States of America in Congress assembled,
                                                                         3     SECTION 1. SHORT TITLE.

                                                                         4              This Act may be cited as the ‘‘Recovering Fraudulent
                                                                         5 Claims Act’’.
                                                                         6     SEC. 2. COVID–19 UNEMPLOYMENT INSURANCE FRAUD

                                                                         7                             TASK FORCE.

                                                                         8              (a) IN GENERAL.—




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                                                                         9                       (1) ESTABLISHMENT.—Not later than 60 days
                                                                       10               after the date of enactment of this section, the At-



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                                                                         1              torney General, in consultation with the Secretary,
                                                                         2              shall establish the COVID–19 Unemployment Insur-
                                                                         3              ance Fraud Task Force (in this section referred to
                                                                         4              as the ‘‘Task Force’’).
                                                                         5                       (2) DUTIES.—
                                                                         6                                 (A) INVESTIGATION.—The Task Force
                                                                         7                       shall investigate fraud with respect to COVID–
                                                                         8                       19 unemployment insurance benefits, including
                                                                         9                       an identification of and investigation into—
                                                                       10                                         (i) subject to paragraph (3), any al-
                                                                       11                                  leged instance of fraudulent payment of
                                                                       12                                  COVID–19 unemployment insurance bene-
                                                                       13                                  fits to any individual, entity, or organiza-
                                                                       14                                  tion (either foreign or domestic) that was
                                                                       15                                  not eligible to receive such benefits; and
                                                                       16                                         (ii) any alleged instance in which an
                                                                       17                                  individual, entity, or organization (either
                                                                       18                                  foreign or domestic) stole or attempted to
                                                                       19                                  steal the identity or personally identifiable
                                                                       20                                  information of any United States citizen in
                                                                       21                                  an effort to obtain COVID–19 unemploy-
                                                                       22                                  ment insurance benefits, including any in-
                                                                       23                                  stance of synthetic identity theft.
                                                                       24                                  (B) SUBMISSION OF FINDINGS TO ATTOR-



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                                                                       25                        NEY GENERAL.—The Task Force shall submit



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                                                                         1                       to the Attorney General the Task Force’s find-
                                                                         2                       ings with respect to the investigation conducted
                                                                         3                       under subparagraph (A) to assist the Attorney
                                                                         4                       General in the prosecution of fraud concerning
                                                                         5                       COVID–19 unemployment insurance benefits.
                                                                         6                       (3) CLARIFICATION.—The investigation con-
                                                                         7              ducted under paragraph (2)(A) shall not include an
                                                                         8              identification of or investigation into any improper
                                                                         9              payment of COVID–19 unemployment insurance
                                                                       10               benefits to any individual that was eligible to receive
                                                                       11               such benefits.
                                                                       12               (b) MEMBERSHIP.—
                                                                       13                        (1) IN GENERAL.—The Attorney General, in
                                                                       14               consultation with the Secretary, shall appoint to the
                                                                       15               Task Force a representative from each of the fol-
                                                                       16               lowing:
                                                                       17                                  (A) The Office of the Inspector General of
                                                                       18                        the Department of Labor.
                                                                       19                                  (B) The Federal Bureau of Investigation.
                                                                       20                                  (C) The Department of Homeland Secu-
                                                                       21                        rity.
                                                                       22                                  (D) The Internal Revenue Service.
                                                                       23                                  (E) The United States Postal Service.
                                                                       24                                  (F) The Office of the Inspector General of



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                                                                       25                        the Social Security Administration.


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                                                                         1                                 (G) The Office of the Inspector General of
                                                                         2                       the Department of Homeland Security.
                                                                         3                                 (H) A nonprofit organization representing
                                                                         4                       State workforce agencies.
                                                                         5                                 (I) A national law enforcement organiza-
                                                                         6                       tion.
                                                                         7                                 (J) Any other organization the Attorney
                                                                         8                       General, in consultation with the Secretary, de-
                                                                         9                       termines to be appropriate.
                                                                       10                        (2) PROHIBITION                       ON        COMPENSATION.—The

                                                                       11               members of the Task Force shall not receive any
                                                                       12               compensation from the Federal Government by rea-
                                                                       13               son of their service on the Task Force.
                                                                       14               (c) REPORT TO CONGRESS.—
                                                                       15                        (1) PRELIMINARY REPORT.—Subject to para-
                                                                       16               graph (3), not later than 1 year after the date on
                                                                       17               which the Task Force is established under sub-
                                                                       18               section (a)(1), the Task Force shall submit to the
                                                                       19               appropriate committees of Congress a report that
                                                                       20               contains a detailed description of the following:
                                                                       21                                  (A) The Task Force’s findings with respect
                                                                       22                        to the investigation conducted under subsection
                                                                       23                        (a)(2)(A), including the following:
                                                                       24                                         (i) The total number of individuals



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                                                                       25                                  and an itemized list of entities and organi-


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                                                                         1                                 zations (either foreign or domestic) that
                                                                         2                                 were identified by the Task Force as hav-
                                                                         3                                 ing allegedly obtained or attempted to ob-
                                                                         4                                 tain fraudulent payments of COVID–19
                                                                         5                                 unemployment insurance benefits, includ-
                                                                         6                                 ing the amount of such benefits that were
                                                                         7                                 identified by the Task Force as having
                                                                         8                                 been obtained.
                                                                         9                                        (ii) The total number of individuals
                                                                       10                                  and an itemized list of entities and organi-
                                                                       11                                  zations (either foreign or domestic) that
                                                                       12                                  were identified by the Task Force as hav-
                                                                       13                                  ing allegedly stolen or attempted to steal
                                                                       14                                  the identity or personally identifiable infor-
                                                                       15                                  mation of any United States citizen in an
                                                                       16                                  effort to obtain COVID–19 unemployment
                                                                       17                                  insurance benefits, including any instance
                                                                       18                                  of synthetic identity theft.
                                                                       19                                         (iii) The total number of individuals
                                                                       20                                  and an itemized list of entities and organi-
                                                                       21                                  zations (either foreign or domestic) that
                                                                       22                                  were identified by the Attorney General
                                                                       23                                  during the period beginning on the date of
                                                                       24                                  enactment of the CARES Act (Public Law



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                                                                       25                                  116–136) and ending on the date of the


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                                                                         1                                 establishment of the Task Force under
                                                                         2                                 subsection (a)(1) as having allegedly ob-
                                                                         3                                 tained or attempted to obtain fraudulent
                                                                         4                                 payments of COVID–19 unemployment in-
                                                                         5                                 surance benefits.
                                                                         6                                        (iv) The total number of individuals
                                                                         7                                 and an itemized list of entities and organi-
                                                                         8                                 zations (either foreign or domestic) that
                                                                         9                                 were identified by the Attorney General
                                                                       10                                  during the period beginning on the date of
                                                                       11                                  enactment of the CARES Act (Public Law
                                                                       12                                  116–136) and ending on the date of the
                                                                       13                                  establishment of the Task Force under
                                                                       14                                  subsection (a)(1) as having allegedly stolen
                                                                       15                                  or attempted to steal the identity or per-
                                                                       16                                  sonally identifiable information of any
                                                                       17                                  United States citizen in an effort to obtain
                                                                       18                                  COVID–19 unemployment insurance bene-
                                                                       19                                  fits, including any instance of synthetic
                                                                       20                                  identity theft.
                                                                       21                                         (v) The total number of individuals
                                                                       22                                  the Attorney General has prosecuted for
                                                                       23                                  fraud concerning COVID–19 unemploy-
                                                                       24                                  ment insurance benefits, including a list of



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                                                                       25                                  the criminal charges brought and any pris-


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                                                                         1                                 on sentences or accompanying fines im-
                                                                         2                                 posed.
                                                                         3                                 (B) The steps the Attorney General or the
                                                                         4                       head of any other relevant Federal or State
                                                                         5                       agency is taking, or is planning to take, to
                                                                         6                       prosecute or otherwise penalize the individuals,
                                                                         7                       entities, or organizations described in subpara-
                                                                         8                       graph (A).
                                                                         9                                 (C) Any challenge or impediment the At-
                                                                       10                        torney General or the head of any other rel-
                                                                       11                        evant Federal or State agency has encountered
                                                                       12                        in prosecuting or otherwise penalizing such in-
                                                                       13                        dividuals, entities, or organizations.
                                                                       14                                  (D) The efforts the Attorney General or
                                                                       15                        the head of any other relevant Federal or State
                                                                       16                        agency is taking, or is planning to take, to re-
                                                                       17                        cover any fraudulent payment of COVID–19
                                                                       18                        unemployment insurance benefits, and the chal-
                                                                       19                        lenges associated with such efforts.
                                                                       20                                  (E) The total amount of fraudulent
                                                                       21                        COVID–19 unemployment insurance benefits
                                                                       22                        that were issued by States, including a State-
                                                                       23                        by-State breakdown of such amount.
                                                                       24                                  (F) The total amount of fraudulent



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                                                                       25                        COVID–19 unemployment insurance benefits


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                                                                         1                       that the Attorney General or the head of any
                                                                         2                       other relevant Federal or State agency has been
                                                                         3                       able to recover.
                                                                         4                                 (G) The specific challenges the Task Force
                                                                         5                       encountered                in        carrying              out           subsection
                                                                         6                       (a)(2)(A).
                                                                         7                       (2) FINAL REPORT.—Subject to paragraph (3),
                                                                         8              not later than 1 year after the submission of the re-
                                                                         9              port under paragraph (1), the Task Force shall sub-
                                                                       10               mit to the appropriate Committees of Congress a
                                                                       11               final report that includes updated information re-
                                                                       12               garding subparagraphs (A) through (G) of para-
                                                                       13               graph (1).
                                                                       14                        (3) DISCLOSURE OF RETURN INFORMATION.—
                                                                       15               No return information (as defined in section 6103(b)
                                                                       16               of the Internal Revenue Code of 1986) may be in-
                                                                       17               cluded in a report submitted under paragraph (1) or
                                                                       18               (2), except as authorized by such section 6103.
                                                                       19               (d) SUNSET.—The Task Force shall terminate on the
                                                                       20 later of—
                                                                       21                        (1) the date on which the Task Force submits
                                                                       22               the final report under subsection (c)(2); or
                                                                       23                        (2) a specific date selected by the Attorney
                                                                       24               General, in consultation with the Secretary, that



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                                                                       25               falls after the date set forth in paragraph (1).


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                                                                         1              (e) DEFINITIONS.—
                                                                         2                       (1)        APPROPRIATE                   COMMITTEES                      OF   CON-

                                                                         3              GRESS.—The term ‘‘appropriate committees of Con-

                                                                         4              gress’’ means—
                                                                         5                                 (A) the Committee on Finance of the Sen-
                                                                         6                       ate;
                                                                         7                                 (B) the Committee on the Judiciary of the
                                                                         8                       Senate;
                                                                         9                                 (C) the Committee on Homeland Security
                                                                       10                        and Governmental Affairs of the Senate;
                                                                       11                                  (D) the Committee on Ways and Means of
                                                                       12                        the House of Representatives;
                                                                       13                                  (E) the Committee on the Judiciary of the
                                                                       14                        House of Representatives; and
                                                                       15                                  (F) the Committee on Homeland Security
                                                                       16                        of the House of Representatives.
                                                                       17                        (2) COVID–19                         UNEMPLOYMENT                   INSURANCE

                                                                       18               BENEFITS.—The                     term ‘‘COVID–19 unemployment
                                                                       19               insurance benefits’’ means unemployment insurance
                                                                       20               benefits provided under any of the programs under
                                                                       21               section 2102, 2104, or 2107 of the CARES Act (15
                                                                       22               U.S.C. 9021, 9023, 9025).
                                                                       23                        (3) SECRETARY.—The term ‘‘Secretary’’ means
                                                                       24               the Secretary of Labor.



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                                                                         1                       (4) SYNTHETIC IDENTITY THEFT.—The term
                                                                         2              ‘‘synthetic identity theft’’ means the use of a com-
                                                                         3              bination of personally identifiable information to fab-
                                                                         4              ricate an individual or entity in order to commit a
                                                                         5              dishonest act for personal or financial gain.
                                                                         6     SEC. 3. GAO STUDY AND REPORT.

                                                                         7              (a) STUDY.—The Comptroller General of the United
                                                                         8 States (in this section referred to as the ‘‘Comptroller
                                                                         9 General’’) shall conduct a study on unemployment insur-
                                                                       10 ance fraud with respect to COVID–19 unemployment in-
                                                                       11 surance benefits (as defined in section 2(e)). Such study
                                                                       12 shall include an analysis of—
                                                                       13                        (1) how the amounts appropriated under sec-
                                                                       14               tion 2118 of the CARES Act (15 U.S.C. 9034), as
                                                                       15               added by section 9032 of the American Rescue Plan
                                                                       16               Act of 2021 (Public Law 117–2), are being utilized
                                                                       17               by States to—
                                                                       18                                  (A) detect and prevent fraud in any such
                                                                       19                        program; and
                                                                       20                                  (B) recover any fraudulent payment of
                                                                       21                        COVID–19 unemployment insurance benefits;
                                                                       22                        (2) any reason that such appropriated amounts
                                                                       23               were not used by States to detect and prevent such
                                                                       24               fraud and to recover such fraudulent payments;



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                                                                         1                       (3) whether such appropriated amounts were
                                                                         2              successful in helping States to detect and prevent
                                                                         3              such fraud and to recover such fraudulent payments;
                                                                         4              and
                                                                         5                       (4) any other area determined appropriate by
                                                                         6              the Comptroller General.
                                                                         7              (b) REPORT.—Not later than 1 year after the date
                                                                         8 of enactment of this section, the Comptroller General shall
                                                                         9 submit to Congress a report containing the results of the
                                                                       10 study conducted under subsection (a), together with rec-
                                                                       11 ommendations for such legislation and administrative ac-
                                                                       12 tion as the Comptroller General determines appropriate.
                                                                                                                                  Æ




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