163 
agreement under this title may, upon providing 30 days’ 
written notice to the Secretary, terminate such agreement. 
(b) PROVISIONS OF AGREEMENT.—Any agreement 
under subsection (a) shall provide that the State agency 
of the State will make payments of temporary extended 
unemployment compensation to individuals who— 
(1) exhaust all rights to regular compensation 
under the State law or under Federal law after Au-
gust 27, 2005; 
(2) have no rights to regular compensation or 
extended compensation with respect to a week under 
such law or any other State unemployment com-
pensation law or to compensation under any other 
Federal law; and 
(3) are not receiving compensation with respect 
to such week under the unemployment compensation 
law of Canada. 
(c) EXHAUSTION OF BENEFITS.—For purposes of 
subsection (b)(1), an individual shall be deemed to have 
exhausted such individual’s rights to regular compensation 
under a State law when— 
(1) no payments of regular compensation can 
be made under such law because such individual has 
received all regular compensation available to such
164 
individual based on employment or wages during 
such individual’s base period; or 
(2) such individual’s rights to such compensa-
tion have been terminated by reason of the expira-
tion of the benefit year with respect to which such 
rights existed. 
(d) WEEKLY BENEFIT AMOUNT, ETC.—For purposes 
of any agreement under this title— 
(1) the amount of temporary extended unem-
ployment compensation which shall be payable to 
any individual for any week of total unemployment 
shall be equal to the amount of the regular com-
pensation (including dependents’ allowances) payable 
to such individual during such individual’s benefit 
year under the State law for a week of total unem-
ployment; 
(2) the terms and conditions of the State law 
which apply to claims for regular compensation and 
to the payment thereof shall apply to claims for tem-
porary extended unemployment compensation and 
the payment thereof, except— 
(A) that an individual shall not be eligible 
for temporary extended unemployment com-
pensation under this title unless, in the base pe-
riod with respect to which the individual ex-
165 
hausted all rights to regular compensation 
under the State law, the individual had 20 
weeks of full-time insured employment or the 
equivalent in insured wages, as determined 
under the provisions of the State law imple-
menting section 202(a)(5) of the Federal-State 
Extended Unemployment Compensation Act of 
1970 (26 U.S.C. 3304 note); and 
(B) where otherwise inconsistent with the 
provisions of this title or with the regulations or 
operating instructions of the Secretary promul-
gated to carry out this title; and 
(3) the maximum amount of temporary ex-
tended unemployment compensation payable to any 
individual for whom a temporary extended unem-
ployment compensation account is established under 
section 342 shall not exceed the amount established 
in such account for such individual. 
(e) ELECTION
BY STATES.—Notwithstanding any 
other provision of Federal law (and if State law permits), 
the Governor of a State that is in an extended benefit pe-
riod may provide for the payment of temporary extended 
unemployment compensation in lieu of extended com-
pensation to individuals who otherwise meet the require-
166 
ments of this section. Such an election shall not require 
a State to trigger off an extended benefit period. 
SEC. 342. TEMPORARY EXTENDED UNEMPLOYMENT COM-
PENSATION ACCOUNT. 
(a) IN GENERAL.—Any agreement under this title 
shall provide that the State will establish, for each eligible 
individual who files an application for temporary extended 
unemployment compensation, a temporary extended un-
employment compensation account with respect to such in-
dividual’s benefit year. 
(b) AMOUNT IN ACCOUNT.— 
(1) IN GENERAL.—The amount established in 
an account under subsection (a) shall be equal to the 
lesser of— 
(A) 100 percent of the total amount of 
regular compensation (including dependents’ al-
lowances) payable to the individual during the 
individual’s benefit year under such law; or 
(B) 13 times the individual’s average week-
ly benefit amount for the benefit year. 
(2) WEEKLY BENEFIT AMOUNT.—For purposes 
of this subsection, an individual’s weekly benefit 
amount for any week is the amount of regular com-
pensation (including dependents’ allowances) under
167 
the State law payable to such individual for such 
week for total unemployment. 
SEC. 343. PAYMENTS TO STATES HAVING AGREEMENTS FOR 
THE PAYMENT OF TEMPORARY EXTENDED 
UNEMPLOYMENT COMPENSATION. 
(a) GENERAL RULE.—There shall be paid to each 
State that has entered into an agreement under this title 
an amount equal to 100 percent of the temporary extended 
unemployment 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 title 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 title 
in respect of such compensation. 
(c) DETERMINATION OF AMOUNT.—Sums payable to 
any State by reason of such State having an agreement 
under this title 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
168 
State will be entitled to receive under this title 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. 344. 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 section 
904(a) of such Act (42 U.S.C. 1104(a)) shall be used for 
the making of payments to States having agreements en-
tered into under this title. 
(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 title. 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-
169 
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 title. 
(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.
170 
SEC. 345. 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 temporary extended unemployment compensa-
tion under this title to which he was not entitled, such 
individual— 
(1) shall be ineligible for further temporary ex-
tended unemployment compensation under this title 
in accordance with the provisions of the applicable 
State unemployment compensation law relating to 
fraud in connection with a claim for unemployment 
compensation; 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 temporary extended unemploy-
ment compensation under this title to which they were not 
entitled, the State shall require such individuals to repay 
the amounts of such temporary extended unemployment 
compensation to the State agency, except that the State 
agency may waive such repayment if it determines that—
171 
(1) the payment of such temporary extended 
unemployment 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 temporary extended unem-
ployment compensation payable to such individual 
under this title or from any unemployment com-
pensation payable to such individual under any Fed-
eral unemployment compensation law administered 
by the State agency or under any other Federal law 
administered 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 temporary extended unemploy-
ment compensation to which they were not entitled, 
except that no single deduction may exceed 50 per-
cent of the weekly benefit amount from which such 
deduction is made. 
(2) OPPORTUNITY FOR HEARING.—No repay-
ment shall be required, and no deduction shall be
172 
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. 346. DEFINITIONS. 
(a) IN GENERAL.—In this title, the terms ‘‘com-
pensation’’, ‘‘regular compensation’’, ‘‘extended compensa-
tion’’, ‘‘additional 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). 
(b) STATE.—In this title, the term State means Lou-
isiana. 
SEC. 347. APPLICABILITY. 
An agreement entered into under this title shall apply 
to weeks of unemployment— 
(1) beginning after August 27, 2005; and 
(2) ending before August 27, 2006.
173 
Subtitle F—Special Reed Act 
Transfer 
SEC. 351. SPECIAL REED ACT TRANSFER. 
(a) SPECIAL TRANSFER.—Section 903 of the Social 
Security Act (42 U.S.C. 1103) is amended by adding at 
the end the following: 
‘‘Special Transfer 
‘‘(e)(1) The Secretary of the Treasury may transfer 
(as of the date determined under paragraph (4)) from the 
Federal unemployment account to the account of the State 
in the Unemployment Trust Fund an amount that the 
Secretary of the Treasury, in consultation with the Sec-
retary of Labor, determines is appropriate to ensure that 
the State account is not insolvent. In no case may the 
amount transferred to the State account under the pre-
ceding sentence exceed $1,000,000,000. 
‘‘(2)(A) Except as provided in paragraph (3), the 
amount transferred to the State account pursuant to this 
subsection may be used only in the payment of cash bene-
fits— 
‘‘(i) to individuals with respect to their unem-
ployment; and 
‘‘(ii) which are allowable under subparagraph 
(B) or (C).
174 
‘‘(B)(i) At the option of the State, cash benefits 
under this paragraph may include amounts which shall be 
payable as— 
‘‘(I) regular compensation; or 
‘‘(II) additional compensation, upon the exhaus-
tion of any temporary extended unemployment com-
pensation (if the State has entered into an agree-
ment under part I of subtitle E of title III of the 
Hurricane Katrina Disaster Relief and Economic 
Recovery Act of 2005), for individuals eligible for 
regular compensation under the unemployment com-
pensation law of the State. 
‘‘(ii) Any additional compensation under clause (i) 
may not be taken into account for purposes of any deter-
mination relating to the amount of any extended com-
pensation for which an individual might be eligible. 
‘‘(C)(i) At the option of the State, cash benefits 
under this paragraph may include amounts which shall be 
payable to 1 or more categories of individuals not other-
wise eligible for regular compensation under the unem-
ployment compensation law of the State, including those 
described in clause (iii). 
‘‘(ii) The benefits paid under this subparagraph to 
any individual may not, for any period of unemployment, 
exceed the maximum amount of regular compensation au-
175 
thorized under the unemployment compensation law of the 
State for that same period, plus any additional compensa-
tion (described in subparagraph (B)(i)) which could have 
been paid with respect to that amount. 
‘‘(iii) The categories of individuals described in this 
clause include the following: 
‘‘(I) Individuals who are seeking, or available 
for, only part-time (and not full-time) work. 
‘‘(II) Individuals who would be eligible for reg-
ular compensation under the unemployment com-
pensation law of such State under an alternative 
base period. 
‘‘(D) Amounts transferred to a State account under 
this subsection may be used in the payment of cash bene-
fits to individuals only for weeks of unemployment begin-
ning after the date of enactment of this subsection. 
‘‘(3) Amounts transferred to a State account under 
this subsection may be used for the administration of its 
unemployment compensation law and public employment 
offices (including in connection with benefits described in 
paragraph (2) and any recipients thereof), subject to the 
same conditions as set forth in subsection (c)(2) (exclud-
ing subparagraph (B) thereof, and deeming the reference 
to ‘subsections (a) and (b)’ in subparagraph (D) thereof 
to include this subsection).