S 121

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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. <all>