(2) EXTENDED
BENEFIT
PERIOD.—For pur-
poses of paragraph (1), a State shall be considered 
to be in an extended benefit period, as of any given 
time, if— 
(A) such a period is then in effect for such 
State under the Federal-State Extended Unem-
ployment Compensation Act of 1970; 
(B) such a period would then be in effect 
for such State under such Act if section 203(d) 
of such Act— 
(i) were applied by substituting ‘‘4’’ 
for ‘‘5’’ each place it appears; and 
(ii) did not include the requirement 
under paragraph (1)(A); or 
(C) such a period would then be in effect 
for such State under such Act if— 
(i) section 203(f) of such Act were ap-
plied to such State (regardless of whether 
the State by law had provided for such ap-
plication); and 
(ii) such section 203(f)— 
(I) were applied by substituting 
‘‘6.0’’ 
for 
‘‘6.5’’ 
in 
paragraph 
(1)(A)(i); and
(II) did not include the require-
ment under paragraph (1)(A)(ii). 
SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR 
THE PAYMENT OF EMERGENCY UNEMPLOY-
MENT COMPENSATION. 
(a) GENERAL RULE.—There shall be paid to each 
State that has entered into an agreement under this Act 
an amount equal to 100 percent of the emergency unem-
ployment compensation paid to individuals by the State 
pursuant to such agreement. 
(b) TREATMENT
OF REIMBURSABLE COMPENSA-
TION.—No payment shall be made to any State under this 
section in respect of any compensation to the extent the 
State is entitled to reimbursement in respect of such com-
pensation under the provisions of any Federal law other 
than this Act or chapter 85 of title 5, United States Code. 
A State shall not be entitled to any reimbursement under 
such chapter 85 in respect of any compensation to the ex-
tent the State is entitled to reimbursement under this Act 
in respect of such compensation. 
(c) DETERMINATION OF AMOUNT.—Sums payable to 
any State by reason of such State having an agreement 
under this Act shall be payable, either in advance or by 
way of reimbursement (as may be determined by the Sec-
retary), in such amounts as the Secretary estimates the
State will be entitled to receive under this Act for each 
calendar month, reduced or increased, as the case may be, 
by any amount by which the Secretary finds that the Sec-
retary’s estimates for any prior calendar month were 
greater or less than the amounts which should have been 
paid to the State. Such estimates may be made on the 
basis of such statistical, sampling, or other method as may 
be agreed upon by the Secretary and the State agency of 
the State involved. 
SEC. 5. FINANCING PROVISIONS. 
(a) IN GENERAL.—Funds in the extended unemploy-
ment compensation account (as established by section 
905(a) of the Social Security Act (42 U.S.C. 1105(a))) 
of the Unemployment Trust Fund (as established by sec-
tion 904(a) of such Act (42 U.S.C. 1104(a))) shall be used 
for the making of payments to States having agreements 
entered into under this Act. 
(b) CERTIFICATION.—The Secretary shall from time 
to time certify to the Secretary of the Treasury for pay-
ment to each State the sums payable to such State under 
this Act. The Secretary of the Treasury, prior to audit 
or settlement by the Government Accountability Office, 
shall make payments to the State in accordance with such 
certification, by transfers from the extended unemploy-
ment compensation account (as so established) to the ac-
count of such State in the Unemployment Trust Fund (as 
so established). 
(c) ASSISTANCE
TO STATES.—There are appro-
priated out of the employment security administration ac-
count (as established by section 901(a) of the Social Secu-
rity Act (42 U.S.C. 1101(a))) of the Unemployment Trust 
Fund, without fiscal year limitation, such funds as may 
be necessary for purposes of assisting States (as provided 
in title III of the Social Security Act (42 U.S.C. 501 et 
seq.)) in meeting the costs of administration of agree-
ments under this Act. 
(d) APPROPRIATIONS
FOR CERTAIN PAYMENTS.— 
There are appropriated from the general fund of the 
Treasury, without fiscal year limitation, to the extended 
unemployment compensation account (as so established) 
of the Unemployment Trust Fund (as so established) such 
sums as the Secretary estimates to be necessary to make 
the payments under this section in respect of— 
(1) compensation payable under chapter 85 of 
title 5, United States Code; and 
(2) compensation payable on the basis of serv-
ices to which section 3309(a)(1) of the Internal Rev-
enue Code of 1986 applies. 
Amounts appropriated pursuant to the preceding sentence 
shall not be required to be repaid.
SEC. 6. FRAUD AND OVERPAYMENTS. 
(a) IN GENERAL.—If an individual knowingly has 
made, or caused to be made by another, a false statement 
or representation of a material fact, or knowingly has 
failed, or caused another to fail, to disclose a material fact, 
and as a result of such false statement or representation 
or of such nondisclosure such individual has received an 
amount of emergency unemployment compensation under 
this Act to which he was not entitled, such individual— 
(1) shall be ineligible for further emergency un-
employment compensation under this Act in accord-
ance with the provisions of the applicable State un-
employment compensation law relating to fraud in 
connection with a claim for unemployment com-
pensation; and 
(2) shall be subject to prosecution under section 
1001 of title 18, United States Code. 
(b) REPAYMENT.—In the case of individuals who 
have received amounts of emergency unemployment com-
pensation under this Act to which they were not entitled, 
the State shall require such individuals to repay the 
amounts of such emergency unemployment compensation 
to the State agency, except that the State agency may 
waive such repayment if it determines that—
(1) the payment of such emergency unemploy-
ment compensation was without fault on the part of 
any such individual; and 
(2) such repayment would be contrary to equity 
and good conscience. 
(c) RECOVERY BY STATE AGENCY.— 
(1) IN GENERAL.—The State agency may re-
cover the amount to be repaid, or any part thereof, 
by deductions from any emergency unemployment 
compensation payable to such individual under this 
Act or from any unemployment compensation pay-
able to such individual under any State or Federal 
unemployment compensation law administered by 
the State agency or under any other Federal law ad-
ministered by the State agency which provides for 
the payment of any assistance or allowance with re-
spect to any week of unemployment, during the 3- 
year period after the date such individuals received 
the payment of the emergency unemployment com-
pensation to which they were not entitled, except 
that no single deduction may exceed 50 percent of 
the weekly benefit amount from which such deduc-
tion is made. 
(2) OPPORTUNITY FOR HEARING.—No repay-
ment shall be required, and no deduction shall be
made, until a determination has been made, notice 
thereof and an opportunity for a fair hearing has 
been given to the individual, and the determination 
has become final. 
(d) REVIEW.—Any determination by a State agency 
under this section shall be subject to review in the same 
manner and to the same extent as determinations under 
the State unemployment compensation law, and only in 
that manner and to that extent. 
SEC. 7. DEFINITIONS. 
In this Act, the terms ‘‘compensation’’, ‘‘regular com-
pensation’’, ‘‘extended compensation’’, ‘‘benefit year’’, 
‘‘base period’’, ‘‘State’’, ‘‘State agency’’, ‘‘State law’’, and 
‘‘week’’ have the respective meanings given such terms 
under section 205 of the Federal-State Extended Unem-
ployment Compensation Act of 1970 (26 U.S.C. 3304 
note). 
SEC. 8. APPLICABILITY. 
(a) IN GENERAL.—Except as provided in subsection 
(b), an agreement entered into under this Act shall apply 
to weeks of unemployment— 
(1) beginning after the date on which such 
agreement is entered into; and 
(2) ending on or before March 31, 2009.
(b) TRANSITION FOR AMOUNT REMAINING IN AC-
COUNT.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), in the case of an individual who has 
amounts remaining in an account established under 
section 3 as of the last day of the last week (as de-
termined in accordance with the applicable State 
law) ending on or before March 31, 2009, emergency 
unemployment compensation shall continue to be 
payable to such individual from such amounts for 
any week beginning after such last day for which the 
individual meets the eligibility requirements of this 
Act. 
(2) LIMIT ON AUGMENTATION.—If the account 
of an individual is exhausted after the last day of 
such last week (as so determined), then section 3(c) 
shall not apply and such account shall not be aug-
mented under such section, regardless of whether 
such individual’s State is in an extended benefit pe-
riod (as determined under paragraph (2) of such 
section).
(3) LIMIT ON COMPENSATION.—No compensa-
tion shall be payable by reason of paragraph (1) for 
any week beginning after June 30, 2009. 
Passed the House of Representatives June 12, 2008. 
Attest: 
Clerk.
110TH CONGRESS 
2D SESSION 
H. R. 5749 
AN ACT 
To provide for a program of emergency 
unemployment compensation.