119-s121

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

    (IS) ]

<DOC>

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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