IB 
Union Calendar No. 378 
110TH CONGRESS 
2D SESSION 
H. R. 5749 
[Report No. 110–607] 
To provide for a program of emergency unemployment compensation. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 9, 2008 
Mr. MCDERMOTT (for himself and Mr. ENGLISH of Pennsylvania) introduced 
the following bill; which was referred to the Committee on Ways and Means 
APRIL 24, 2008 
Additional sponsors: Mr. RANGEL, Mr. PORTER, Mr. STARK, Mr. YOUNG of 
Alaska, Mr. LEVIN, Mrs. MILLER of Michigan, Mr. LEWIS of Georgia, 
Mr. MCCOTTER, Mrs. JONES of Ohio, Ms. BERKLEY, Mr. VAN HOLLEN, 
Mr. NADLER, Mr. SCOTT of Georgia, Mr. FARR, Mr. ELLISON, Mr. KIND, 
Mr. GORDON of Tennessee, Mr. BLUMENAUER, Mr. POMEROY, Mr. DIN-
GELL, Mr. WILSON of Ohio, Mr. STUPAK, Mr. KILDEE, Mr. LOBIONDO, 
Mr. CROWLEY, Mr. DAVIS of Alabama, Mr. ROGERS of Michigan, Mr. 
SHERMAN, Ms. SCHAKOWSKY, Mr. WALBERG, Mr. TIM MURPHY of Penn-
sylvania, Ms. WATSON, Mr. AL GREEN of Texas, Mr. ANDREWS, and Ms. 
LEE 
APRIL 24, 2008 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
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[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on April 9, 2008] 
A BILL 
To provide for a program of emergency unemployment 
compensation. 
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 
‘‘Emergency Extended Unemployment Compensation Act of 
2008’’. 
(b) TABLE OF CONTENTS.—The table of contents of this 
Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Federal-State agreements. 
Sec. 3. Emergency unemployment compensation account. 
Sec. 4. Payments to States having agreements for the payment of emergency un-
employment compensation. 
Sec. 5. Financing provisions. 
Sec. 6. Fraud and overpayments. 
Sec. 7. Definitions. 
Sec. 8. Applicability. 
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 (in this Act referred to as 
the ‘‘Secretary’’). Any State which is a party to an agree-
ment under this Act may, upon providing 30 days’ written 
notice to the Secretary, terminate such agreement. 
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(b) PROVISIONS
OF AGREEMENT.—Any agreement 
under subsection (a) shall provide that the State agency of 
the State will make payments of emergency unemployment 
compensation to individuals who— 
(1) have exhausted all rights to regular com-
pensation under the State law or under Federal law 
with respect to a benefit year (excluding any benefit 
year that ended before May 1, 2007); 
(2) have no rights to regular compensation or ex-
tended compensation with respect to a week under 
such law or any other State unemployment compensa-
tion law or to compensation under any other Federal 
law (except as provided under subsection (e)); 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 sub-
section (b)(1), an individual shall be deemed to have ex-
hausted 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 re-
ceived all regular compensation available to such in-
dividual based on employment or wages during such 
individual’s base period; or 
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(2) such individual’s rights to such compensation 
have been terminated by reason of the expiration of 
the benefit year with respect to which such rights ex-
isted. 
(d) WEEKLY BENEFIT AMOUNT, ETC.—For purposes 
of any agreement under this Act— 
(1) the amount of emergency unemployment 
compensation which shall be payable to any indi-
vidual for any week of total unemployment shall be 
equal to the amount of the regular compensation (in-
cluding dependents’ allowances) payable to such indi-
vidual 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 regular compensation and 
to the payment thereof shall apply to claims for emer-
gency unemployment compensation and the payment 
thereof, except where otherwise inconsistent with the 
provisions of this Act or with the regulations or oper-
ating instructions of the Secretary promulgated to 
carry out this Act; and 
(3) the maximum amount of emergency unem-
ployment compensation payable to any individual for 
whom an emergency unemployment compensation ac-
count is established under section 3 shall not exceed 
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the amount established in such account for such indi-
vidual. 
(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 period 
may provide for the payment of emergency unemployment 
compensation prior to extended compensation to individ-
uals who otherwise meet the requirements of this section. 
SEC. 3. EMERGENCY UNEMPLOYMENT COMPENSATION AC-
COUNT. 
(a) IN GENERAL.—Any agreement under this Act shall 
provide that the State will establish, for each eligible indi-
vidual who files an application for emergency unemploy-
ment compensation, an emergency unemployment com-
pensation account with respect to such individual’s benefit 
year. 
(b) AMOUNT IN ACCOUNT.— 
(1) IN GENERAL.—The amount established in an 
account under subsection (a) shall be equal to the less-
er of— 
(A) 50 percent of the total amount of reg-
ular compensation (including dependents’ allow-
ances) payable to the individual during the indi-
vidual’s benefit year under such law, or 
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(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 compensation 
(including dependents’ allowances) under the State 
law payable to such individual for such week for total 
unemployment. 
(c) SPECIAL RULE.— 
(1) IN
GENERAL.—Notwithstanding any other 
provision of this section, if, at the time that the indi-
vidual’s account is exhausted or at any time there-
after, such individual’s State is in an extended benefit 
period (as determined under paragraph (2)), then, 
such account shall be augmented by an amount equal 
to the amount originally established in such account 
(as determined under subsection (b)(1)). 
(2) EXTENDED BENEFIT PERIOD.—For purposes 
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; 
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(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’’ or ‘‘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 unemploy-
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ment compensation paid to individuals by the State pursu-
ant 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 extent 
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 cal-
endar 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 great-
er 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 
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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 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 Act. 
(b) CERTIFICATION.—The Secretary shall from time to 
time certify to the Secretary of the Treasury for payment 
to each State the sums payable to such State under this 
Act. The Secretary of the Treasury, prior to audit or settle-
ment by the Government Accountability Office, shall make 
payments to the State in accordance with such certification, 
by transfers from the extended unemployment compensation 
account (as so established) to the account of such State in 
the Unemployment Trust Fund (as so established). 
(c) ASSISTANCE TO STATES.—There are appropriated 
out of the employment security administration account (as 
established by section 901(a) of the Social Security Act (42 
U.S.C. 1101(a))) of the Unemployment Trust Fund, with-
out fiscal year limitation, such funds as may be necessary 
for purposes of assisting States (as provided in title III of 
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the Social Security Act (42 U.S.C. 501 et seq.)) in meeting 
the costs of administration of agreements under this Act. 
(d) APPROPRIATIONS
FOR
CERTAIN
PAYMENTS.— 
There are appropriated from the general fund of the Treas-
ury, without fiscal year limitation, to the extended unem-
ployment 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 pay-
ments 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 services 
to which section 3309(a)(1) of the Internal Revenue 
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— 
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SEC. 7. DEFINITIONS. 
In this Act, the terms ‘‘compensation’’, ‘‘regular com-
pensation’’, ‘‘extended compensation’’, ‘‘additional com-
pensation’’, ‘‘benefit year’’, ‘‘base period’’, ‘‘State’’, ‘‘State 
agency’’, ‘‘State law’’, and ‘‘week’’ have the respective mean-
ings given such terms under section 205 of the Federal-State 
Extended Unemployment 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 agree-
ment is entered into; and 
(2) ending on or before February 1, 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 re-
maining in an account established under section 3 as 
of the last day of the last week (as determined in ac-
cordance with the applicable State law) ending on or 
before February 1, 2009, emergency unemployment 
compensation shall continue to be payable to such in-
dividual from such amounts for any week beginning 
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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 augmented 
under such section, regardless of whether such indi-
vidual’s State is in an extended benefit period (as de-
termined under paragraph (2) of such section). 
(3) LIMIT ON COMPENSATION.—No compensation 
shall be payable by reason of paragraph (1) for any 
week beginning after April 30, 2009. 
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Union Calendar No. 378 
110TH CONGRESS 
2D SESSION 
H. R. 5749 
[Report No. 110–607] 
A BILL 
To provide for a program of emergency 
unemployment compensation. 
APRIL 24, 2008 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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