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Extends the time federal prosecutors, civil relators, and customs officials have to bring certain cases tied to defined “pandemic-era” program violations. It defines what counts as a pandemic-era law violation and generally sets a 10-year window for criminal prosecutions and most False Claims Act suits and notices, with specified 10- and 3-year windows for certain customs forfeiture actions. The change effectively overrides shorter limitation periods in existing statutes for cases that meet the pandemic-era definition, giving the government and private relators more time to investigate and file claims related to misuse of pandemic-era programs and funds.
Defines the term “pandemic-era law” to include specified statutes and any amendments made by them (Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020; Families First Coronavirus Response Act; CARES Act; Paycheck Protection Program and Health Care Enhancement Act; divisions M and N of the Consolidated Appropriations Act, 2021; and the American Rescue Plan Act of 2021).
Defines “pandemic-era program violation” as an offense or other violation of law that (A) relates to or involves a program, project, or activity authorized, established, or carried out under a pandemic-era law, or (B) involves funding provided under a pandemic-era law.
For pandemic-era program violations that are criminal offenses, the statute of limitations is extended so that no prosecution may be brought unless the indictment or information is filed within 10 years after the offense was committed, notwithstanding 18 U.S.C. 3282(a), or within any longer period provided by other law.
For customs forfeiture actions related to a pandemic-era program violation, no civil action for forfeiture under U.S. customs laws may be commenced unless it is started within 10 years after the time the alleged violation was discovered, or within 3 years after the time when the property’s involvement in the alleged violation was discovered, whichever is later; time when the owner or the property is absent from the United States or the property is concealed is not counted within the 10-year limit. This provision operates notwithstanding section 621 of the Tariff Act of 1930 (19 U.S.C. 1621).
For civil actions under the False Claims Act alleging a pandemic-era program violation, the civil suit may not be brought more than 10 years after the date the violation was committed, notwithstanding 31 U.S.C. 3731(b)(1).
Who is affected and how:
Federal prosecutors and enforcement agencies: Gain longer windows to investigate, assemble evidence, and bring criminal charges, civil forfeitures, or False Claims Act suits tied to pandemic-era programs. This can improve chances of successful enforcement where investigations are complex or evidence is slow to surface.
Private relators / whistleblowers: Benefit from extended filing and notice periods for FCA cases arising from alleged pandemic-era fraud, increasing opportunities to pursue qui tam actions.
Individuals and entities that received or administered pandemic-era funds (contractors, health care providers, suppliers, grantees, loan/benefit recipients, and importers subject to customs rules): Face a longer period of legal exposure—potential criminal prosecution, civil FCA liability, and customs forfeiture—because the usual shorter statutes of limitation are suspended for covered pandemic-era claims.
Defense counsel and courts: Will see more pandemic-era matters filed later in time, creating litigation and evidentiary challenges (witness memory, document retention). Courts must apply the statute’s pandemic-era definitions and the overridden limitation rules when assessing timeliness and defenses.
Recordkeeping and compliance officers: Organizations that managed pandemic-era programs may need to reassess document-retention and compliance monitoring practices because alleged violations can be pursued for a longer period.
No direct fiscal impact on federal appropriations: The change affects timing of enforcement, not federal spending. It does not impose additional funded obligations on states/localities.
Overall, the legislation broadens the window for accountability for misuse of pandemic-related programs and funds while increasing legal risk and potential liability exposure for recipients and administrators of those programs.
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Read twice and referred to the Committee on the Judiciary.
Introduced January 16, 2025 by James Lankford · Last progress January 16, 2025
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate