I 
110TH CONGRESS 
2D SESSION 
H. R. 5688 
To provide for a program of targeted extended unemployment compensation, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 3, 2008 
Mr. WELLER of Illinois (for himself and Mr. TIBERI) introduced the following 
bill; which was referred to the Committee on Ways and Means 
A BILL 
To provide for a program of targeted extended unemployment 
compensation, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Targeted Assistance to Restore Growth in Employment 
Throughout 2008 Act’’ or the ‘‘TARGET Act’’. 
(b) TABLE OF CONTENTS.—The table of contents is 
as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Federal-State agreements. 
Sec. 3. Targeted extended unemployment compensation account. 
Sec. 4. Payments to States having agreements for the payment of targeted ex-
tended unemployment compensation. 
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Sec. 5. Financing provisions. 
Sec. 6. Fraud and overpayments. 
Sec. 7. Definitions. 
SEC. 2. FEDERAL-STATE AGREEMENTS. 
(a) IN GENERAL.—Any State which desires to do so 
may enter into and participate in an agreement under this 
Act with the Secretary of Labor (hereinafter in this Act 
referred to as the ‘‘Secretary’’). Any State which is a party 
to an agreement under this Act 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 targeted extended un-
employment compensation— 
(1) to individuals who— 
(A) have exhausted all rights to regular 
compensation under the State law, 
(B) have no rights to compensation (in-
cluding both regular compensation and ex-
tended compensation) with respect to a week 
under such law or any other State unemploy-
ment compensation law or to compensation 
under any other Federal law (and are not paid 
or entitled to be paid any additional compensa-
tion under any State or Federal law), and 
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(C) are not receiving compensation with 
respect to such week under the unemployment 
compensation law of Canada, and 
(2) for any week of unemployment which begins 
in the individual’s period of eligibility (as defined in 
section 7(2)). 
(c) EXHAUSTION OF BENEFITS.—For purposes of 
subsection (b)(1)(A), an individual shall be deemed to 
have exhausted such individual’s rights to regular com-
pensation 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 
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) TARGETED EXTENDED UNEMPLOYMENT COM-
PENSATION PAYMENT.—For purposes of any agreement 
under this Act— 
(1) the amount of targeted extended unemploy-
ment compensation which shall be payable to any in-
dividual for any week of total unemployment shall be 
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equal to the amount of regular compensation (in-
cluding dependents’ allowances) payable to such in-
dividual during such individual’s benefit year under 
the State law for a week of total unemployment, 
(2) the terms and conditions of the State law 
which apply to claims for extended compensation 
and to the payment thereof shall apply to claims for 
targeted extended unemployment compensation and 
the payment thereof, except where inconsistent with 
the provisions of this Act or with the regulations or 
operating instructions of the Secretary promulgated 
to carry out this Act, and 
(3) the maximum amount of targeted extended 
unemployment compensation payable to any indi-
vidual for whom an account is established under sec-
tion 3 shall not exceed the amount credited to such 
account for such individual. 
(e) ELECTION TO TRIGGER OFF EXTENDED BEN-
EFIT PROGRAM.—Notwithstanding any other provision of 
Federal law (and if State law permits), the Governor of 
a State in a Tier-1, Tier-2, or Tier-3 period, as defined 
in section 3, is authorized to and may elect to trigger off 
an extended benefit period in order to provide payment 
of targeted extended unemployment compensation to indi-
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viduals who have exhausted their rights to regular com-
pensation under State law. 
(f) ELECTION TO PROVIDE BENEFITS UNDER ONE 
OR MORE TIERS.—A State may specify in its agreement 
that it elects to make payments under this Act for one 
or more Tier periods. 
SEC. 3. TARGETED EXTENDED UNEMPLOYMENT COM-
PENSATION ACCOUNT. 
(a) IN GENERAL.—Any agreement under this Act 
shall provide that the State will establish, for each eligible 
individual who files an application for targeted extended 
unemployment compensation, a targeted extended unem-
ployment compensation account with respect to such indi-
vidual’s benefit year. 
(b) AMOUNT IN ACCOUNT.— 
(1) IN GENERAL.—The amount credited to an 
account under subsection (a) shall— 
(A) in the case of a Tier-1 period, be equal 
to the lesser of— 
(i) 19.3 percent of the total amount of 
regular compensation (including depend-
ents’ allowances) payable to the individual 
with respect to the benefit year (as deter-
mined under the State law) on the basis of 
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which the individual most recently received 
regular compensation, or 
(ii) 5 times the individual’s average 
weekly benefit amount for the benefit year, 
(B) in the case of a Tier-2 period be equal 
to the lesser of— 
(i) 30.9 percent of the total amount of 
regular compensation (including depend-
ents’ allowances) payable to the individual 
with respect to the benefit year (as deter-
mined under the State law) on the basis of 
which the individual most recently received 
regular compensation, or 
(ii) 8 times the individual’s average 
weekly benefit amount for the benefit year, 
and 
(C) in the case of a Tier-3 period be equal 
to the lesser of— 
(i) 50 percent of the total amount of 
regular compensation (including depend-
ents’ allowances) payable to the individual 
with respect to the benefit year (as deter-
mined under the State law) on the basis of 
which the individual most recently received 
regular compensation, or 
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(ii) 13 times the individual’s average 
weekly benefit amount for the benefit year. 
(2) ACCUMULATED
CREDITS.—The amount 
credited to an individual’s account under paragraph 
(1) shall— 
(A) if so credited based on a Tier-2 period, 
include (in addition to the amount provided for 
by paragraph (1)(B)) the amount that would 
have been creditable to the account under para-
graph (1)(A) (determined as if a Tier-1 period 
was the only one in effect), except that this sub-
paragraph shall apply only if the State agree-
ment under section 2(a) provides for targeted 
extended unemployment compensation based on 
a Tier-1 period; and 
(B) if so credited based on a Tier-3 period, 
include (in addition to the amount provided for 
by paragraph (1)(C)) the amount that would 
have been creditable to the account under the 
provisions of paragraph (1)(A) or (1)(B) 
(whichever satisfies clause (i), and determined 
as if the Tier to which such provisions relate 
was the only one in effect), except that— 
(i) this subparagraph shall apply only 
if the State agreement under section 2(a) 
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provides for targeted extended unemploy-
ment compensation based on a Tier-1 or a 
Tier-2 period, as the case may be; and 
(ii) if the State agreement provides 
for targeted extended unemployment com-
pensation based on both Tier-1 and Tier- 
2, then— 
(I) the preceding provisions of 
this subparagraph shall be applied 
based only on the Tier-2 period; and 
(II) the provisions of subpara-
graph (A) shall also apply as if the 
State were then in a Tier-2 (and not 
a Tier-3) period. 
(3) ADDITIONAL CREDITS.—Additional amounts 
as appropriate will be credited to an individual’s ac-
count if, after an account is first established for the 
individual, the State comes to satisfy the require-
ments for a Tier period associated with higher rates 
of unemployment and elects in its agreement to pro-
vide benefits to individuals under such higher Tier 
period. 
(4) WEEKLY BENEFIT AMOUNT.—For purposes 
of this subsection, an individual’s weekly benefit 
amount for any week is the amount of regular com-
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pensation (including dependents’ allowances) under 
the State law payable to such individual for such 
week of total unemployment. 
(c) TIER-1 PERIOD.—For purposes of this Act— 
(1) IN GENERAL.—The term ‘‘Tier-1 period’’ 
means, with respect to any State, the period 
which— 
(A) begins with the third week after the 
first week for which the requirements of para-
graph (2) are satisfied, and 
(B) ends with the third week after the first 
week for which the requirements of paragraph 
(2) are not satisfied. 
(2) REQUIREMENTS.—For purposes of para-
graph (1), the requirements of this paragraph are 
satisfied for any week if— 
(A) the average rate of total unemploy-
ment in such State (seasonally adjusted) for the 
period consisting of the most recent 3 months 
for which data for all States are published be-
fore the close of such week equals or exceeds— 
(i) 6 percent, and 
(ii) 110 percent of such average rate 
for either (or both) of the corresponding 3- 
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month periods ending in the 2 preceding 
calendar years, or 
(B) the rate of insured unemployment in 
the State for the period consisting of such week 
and the immediately preceding 12 weeks equals 
or exceeds— 
(i) 4 percent, and 
(ii) 120 percent of the average of such 
rates for the corresponding 13-week period 
ending in each of the preceding 2 calendar 
years. 
(d) TIER-2 PERIOD.—For purposes of this Act— 
(1) IN GENERAL.—The term ‘‘Tier-2 period’’ 
means, with respect to any State, the period 
which— 
(A) begins with the third week after the 
first week for which the requirements of para-
graph (2) are satisfied, and 
(B) ends with the third week after the first 
week for which the requirements of paragraph 
(2) are not satisfied. 
(2) REQUIREMENTS.—For purposes of para-
graph (1), the requirements of this paragraph are 
satisfied for any week if— 
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(A) the average rate of total unemploy-
ment in such State (seasonally adjusted) for the 
period consisting of the most recent 3 months 
for which data for all States are published be-
fore the close of such week equals or exceeds— 
(i) 6.3 percent, and 
(ii) 110 percent of such average rate 
for either (or both) of the corresponding 3- 
month periods ending in the 2 preceding 
calendar years, or 
(B) the rate of insured unemployment in 
the State for the period consisting of such week 
and the immediately preceding 12 weeks equals 
or exceeds— 
(i) 4.5 percent, and 
(ii) 120 percent of the average of such 
rates for the corresponding 13-week period 
ending in each of the preceding 2 calendar 
years. 
(e) TIER-3 PERIOD.—For purposes of this Act— 
(1) IN GENERAL.—The term ‘‘Tier-3 period’’ 
means, with respect to any State, the period 
which— 
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(A) begins with the third week after the 
first week for which the requirements of para-
graph (2) are satisfied, and 
(B) ends with the third week after the first 
week for which the requirements of paragraph 
(2) are not satisfied. 
(2) REQUIREMENTS.—For purposes of para-
graph (1), the requirements of this paragraph are 
satisfied for any week if— 
(A) the average rate of total unemploy-
ment in such State (seasonally adjusted) for the 
period consisting of the most recent 3 months 
for which data for all States are published be-
fore the close of such week equals or exceeds— 
(i) 6.5 percent, and 
(ii) 110 percent of such average rate 
for either (or both) of the corresponding 3- 
month periods ending in the 2 preceding 
calendar years, or 
(B) the rate of insured unemployment in 
the State for the period consisting of such week 
and the immediately preceding 12 weeks equals 
or exceeds— 
(i)(I) 5 percent, and 
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(II) 120 percent of the average of 
such rates for the corresponding 13-week 
period ending in each of the preceding 2 
calendar years, or 
(ii) 6 percent. 
(f) SPECIAL RULES.— 
(1) COORDINATION
BETWEEN
PERIODS.—For 
any week, only one type of period (either Tier-1, 
Tier-2, or Tier-3) may be in effect for any State. 
(2) HIGHEST RELEVANT TIER APPLIES.—For 
any week, the highest Tier period for which the 
State satisfies the requirements of this section and 
with respect to which the State has agreed to make 
payments under an agreement entered into under 
section 2 applies. 
(3) DURATION OF PERIODS.—A State will be 
considered to be in a Tier-1, Tier-2, or Tier-3 period 
only as long as the State satisfies the requirements 
for such period. 
(4) NONDUPLICATION OF BENEFITS.—An indi-
vidual may not have such individual’s account cred-
ited more than once based on the same Tier under 
the agreement. 
(5) NOTIFICATION
BY
SECRETARY.—When a 
determination has been made that a Tier-1, Tier-2, 
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or Tier-3 period is beginning or ending with respect 
to a State, the Secretary shall cause notice of such 
determination to be published in the Federal Reg-
ister. 
(g) EFFECTIVE DATE.—No targeted extended unem-
ployment compensation shall be payable to any individual 
under this Act for any week— 
(1) beginning before the later of— 
(A) April 1, 2008, or 
(B) the first week following the week in 
which an agreement under this Act is entered 
into, or 
(2) beginning after March 31, 2009. 
(h) TRANSITIONAL RULE.—For purposes of deter-
mining whether a Tier-1, Tier-2, or Tier-3 period is in 
effect with respect to any State for the 1st week for which 
targeted extended unemployment compensation may be 
payable under this Act in such State, this Act shall be 
treated as having been in effect for all weeks ending on 
or after March 18, 2008. 
SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR 
THE PAYMENT OF TARGETED EXTENDED UN-
EMPLOYMENT COMPENSATION. 
(a) GENERAL RULE.—There shall be paid to each 
State which has entered into an agreement under this Act 
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an amount equal to the applicable percentage of the tar-
geted extended unemployment compensation paid to indi-
viduals by the State pursuant to such agreement. 
(b) APPLICABLE PERCENTAGE.—For purposes of 
this section, the term ‘‘applicable percentage’’ means, with 
respect to targeted extended unemployment compensation 
paid— 
(1) with respect to a week based on a Tier-1 
period, 50 percent, 
(2) with respect to a week based on a Tier-2 
period, 75 percent, and 
(3) with respect to a week based on a Tier-3 
period, 100 percent. 
(c) PAYMENT PRIORITY.—For purposes of this sec-
tion, targeted extended unemployment compensation is 
presumed to be paid to any individual— 
(1) first, from any amounts credited to their ac-
count based on a Tier-1 period; 
(2) then, from any amounts credited to their 
account based a Tier-2 period; and 
(3) then, from any amounts credited to their 
account based on a Tier-3 period. 
(d) 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 
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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. 
(e) 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 
of the Social Security Act) of the Unemployment Trust 
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Fund 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 General Accounting Office, shall 
make payments to the State in accordance with such cer-
tification, by transfers from the extended unemployment 
compensation account (as established by section 905 of the 
Social Security Act) to the account of such State in the 
Unemployment Trust Fund. 
(c) AUTHORIZATION OF APPROPRIATIONS FOR CER-
TAIN PAYMENTS.—There are authorized to be appro-
priated from the general fund of the Treasury, without 
fiscal year limitation, to the extended unemployment com-
pensation account (as established by section 905 of the 
Social Security Act) such sums as may 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. 
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Amounts appropriated pursuant to the preceding sentence 
shall not be required to be repaid. 
(d) ADMINISTRATIVE
COSTS.—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. 
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 targeted extended unemployment compensation 
under this Act to which he was not entitled, such indi-
vidual— 
(1) shall be ineligible for further targeted ex-
tended unemployment compensation under this Act 
in accordance with the provisions of the applicable 
State unemployment compensation law relating to 
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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 targeted extended unemploy-
ment compensation under this Act to which they were not 
entitled, the State shall require such individuals to repay 
the amounts of such targeted extended unemployment 
compensation to the State agency, except that the State 
agency may waive such repayment if it determines that— 
(1) the payment of such targeted extended un-
employment 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 targeted extended unemploy-
ment compensation payable to such individual under 
this Act or from any unemployment compensation 
payable to such individual under any State or Fed-
eral unemployment compensation law administered 
by the State agency or under any other Federal law 
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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 targeted extended unemployment 
compensation 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. 
For purposes of this Act— 
(1) the terms ‘‘compensation’’, ‘‘regular com-
pensation’’, ‘‘extended compensation’’, ‘‘additional 
compensation’’, ‘‘benefit year’’, ‘‘base period’’, 
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‘‘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; and 
(2) an individual’s period of eligibility consists 
of any week which begins on or after April 1, 2008, 
and which begins before March 31, 2009; except 
that an individual shall not have any period of eligi-
bility unless his benefit year ends on or after July 
1, 2007. 
Æ 
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