Emergency Unemployment Compensation Act of 1991
PL 102-107 (H.R.3201), enacted 08/17/1991

PUBLIC LAW 102-107—AUG. 17, 1991 
105 STAT. 541 
Public Law 102-107 
102d Congress 
An Act 
To provide emergency unemployment compensation, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Emergency Unemployment Com-
pensation Act of 1991". 
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 (hereafter 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 emergency unemployment compensation— 
(1) to individuals who— 
(A) have exhausted all rights to regular compensation 
under the State law; 
(B) have no rights to compensation (including both regu-
lar compensation and extended compensation) with respect 
to a week under such law or any other State unemployment 
compensation law or to compensation under any other 
Federal law (and are not paid or entitled to be paid any 
additional compensation under any State or Federal law); 
and 
(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 03)(1)(A), 
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 com-
pensation available to such individual based on employment or 
wages during such individual's base period; or 
(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 existed. 
(d) WEEKLY BENEFIT AMOUNT.—For purposes of any agreement 
under this Act— 
(1) the amount of emergency unemployment compensation 
which shall be payable to any individual for any week of total 
unemployment shall be equal to the amount of the regular 
Aug. 17, 1991 
[H.R. 3201] 
Emergency 
Unemployment 
Compensation 
Act of 1991. 
Inter-
governmental 
relations. . 
26 u s e 3304 
note. 
26 u s e 3304 
note. 
105 STAT. 542 
PUBLIC LAW 102-107—AUG. 17, 1991 
compensation (including dependent's allowances) payable to 
such individual 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 emergency unemployment compensa-
tion 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 emergency unemployment com-
pensation payable to any individual for whom an account is 
established under section 3 shall not exceed the amount estab-
lished in such account for such individual. 
(e) ELECTION.—Notwithstanding any other provision of Federal 
law (and if State law permits), the Governor of a State in a 7-percent 
period or an 8-percent period, as defined in section 3(c), is authorized 
to and may elect to trigger off an extended compensation period in 
order to provide payment of emergency unemplo5rment compensa-
tion to individuals who have exhausted their rights to regular 
compensation under State law. 
26 u s e 3304 
SEC. 3. EMERGENCY UNEMPLOYMENT COMPENSATION 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 emergency unemployment compensation, an emer-
gency unemployment compensation 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 lesser of— 
(A) 100 percent of the total amount of regular compensa-
tion (including dependents' allowances) payable to the 
individual with respect to the benefit year (as determined 
under the State law) on the basis of which the individual 
most recently received regular compensation, or 
(B) the applicable limit times the individual's average 
weekly benefit amount for the benefit year. 
(2) APPLICABLE LIMIT.—For purposes of this section— 
(A) IN GENERAL.—Except as provided in this paragraph, 
the applicable limit shall be determined under the follow-
ing table: 
In the case of weeks beginning 
The applicable 
during a: 
limit is: 
8-percent period 
20 
7-percent period. 
13 
6-percent period 
7 
Other period 
4. 
(B) APPUCABLE LIMIT NOT REDUCED.—An individual's ap-
plicable limit for any week shall in no event be less than 
the highest applicable limit in effect for any prior week for 
which emergency unemployment compensation was pay-
able to the individual from the account involved. 
(C) INCREASE IN APPLICABLE LIMIT.—If the applicable limit 
in effect for any week is higher than the applicable limit for 
any prior week, the applicable limit shall be the higher 
applicable limit, reduced (but not below zero) by the 
number of prior weeks for which emergency unemployment 
PUBLIC LAW 102-107—AUG. 17, 1991 
105 STAT. 543 
compensation was paid to the individual from the account 
involved. 
(3) REDUCTION FOR EXTENDED BENEFITS.—The amount in an -
account under paragraph (1) shall be reduced (but not below 
«ero) by the aggregate amount of extended compensation (if any) 
received by such individual relating to the same benefit year 
, 
under the Federal-State Extended Unemplojnnent Compensa-
tion Act of 1970. 
(4) WEEKLY BENEFIT AMOUNT.—For purposes of this subsec-
tion, an individual's weekly benefit amount for any week is the 
amount of regular compensation (including dependents' allow-
ances) under the State law payable to such individual for such 
week for total unemployment. 
(c) DETERMINATION OF PERIODS.— 
(1) IN GENERAL,—For purposes of this section, the terms "8-
percent period", "7-percent period", "6-percent period", and 
"other period" mean, with respect to any State, the period 
which— 
(A) begins with the second Sunday of the month after the 
first month during which the applicable trigger for such 
period is on, and 
(B) ends with the Saturday immediately preceding the 
second Sunday of the month after the first month during 
which the applicable trigger for such period is off. 
(2) APPUCABLE TRIGGER.—In the case of an 8-percent period, 7-
percent period, 6-percent period, or other period, as the case 
may be, the applicable trigger is on for any week with respect to 
any such period if the average rate of total unemployment in 
the State for the period consisting of the most recent 6-calendar 
month period for which data are available— 
(A) equals or exceeds 6 percent, and 
(B) falls within the applicable range (as defined in para-
graph (3)). 
Subparagraph (A) shall only apply in the case of an 8-percent 
period, 7-percent period, or 6-percent period. 
(3) APPUCABLE RANGE.—For purposes of this subsection, the 
applicable range is as follows: 
In the case of a: 
The applicable range is: 
8-percent period 
A rate equal to or exceeding 8 percent. 
7-percent period 
A rate equal to or exceeding 7 percent 
but less than 8 percent. 
6-percent period 
A rate equal to or exceeding 6 percent 
but less than 7 percent. 
Other period 
A rate less than 6 percent. 
(4) SPECIAL RULES FOR DETERMINING PERIODS.— 
(A) MINIMUM PERIOD.—Except as provided in subpara-
graph (B), if for any week beginning after August 31, 1991, 
an 8-percent period, 7-percent period, 6-percent period, or 
other period, as the case may be, is triggered on with 
respect to such State, such period shall last for not less than 
13 weeks. 
(B) EXCEPTION IF APPUCABLE RANGE INCREASES.—If, but 
for subparagraph (A), another period with a higher ap-
plicable range would be in effect for such State, such other 
period shall take effect without regard to subparagraph (A). 
(5) NOTIFICATION BY SECRETARY.—Wlien a determination has 
Federal 
been made that an 8-percent period, 7-percent period, 6-percent 
^^^*®^.' 
105 STAT. 544 
PUBLIC LAW 102-107—AUG. 17, 1991 
period, or other period is beginning or ending with respect to a 
State, the Secretary shall cause notice of such determination to 
be published in the Federal Register, 
(d) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in paragraphs (2) and 
(3), no emergency unemployment compensation shall be payable 
to any individual under this Act for any week— 
(A) beginning before the later of— 
(i) September 1,1991, or 
(ii) the first week following the week in which an 
z 
agreement under this Act is entered into, or 
(B) beginning after July 4,1992. 
(2) TRANSITION.—In the case of an individual who is receiving 
emergency unemployment compensation for a week which in-
cludes July 4, 1992, such compensation shall continue to be 
payable to such individual in accordance with subsection (b) for 
any week beginning in a period of consecutive weeks for each of 
which the individual meets the eligibility requirements of this 
Act. 
(3) REACHBACK PROVISIONS.—(A) IN GENERAL.—If— 
(i) any individual exhausted such individual's rights to 
regular compensation (or extended compensation) under 
the State law after March 31, 1991, and before the first 
week following August 31, 1991 (or, if later, the week 
following the week in which the agreement under this Act 
is entered into), and 
(ii) a period described in subsection (c)(2)(A) is in effect 
with respect to the State for the first week following August 
31,1991, 
such individual shall be entitled to emergency unemplo)anent 
compensation under this Act in the same manner as if such 
individual's benefit year ended no earlier than the last day of 
such following week. 
(B) LIMITATION OF BENEFITS.—In the case of an individual who 
has exhausted such individual's rights to both regular and 
extended compensation, any emergency unemployment com-
pensation payable under subparagraph (A) shall be reduced in 
accordance with subsection (bX3). 
26 u s e 3304 
SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT 
note. 
OF EMERGENCY UNEMPLOYMENT COMPENSATION. 
(a) GENERAL RULE.—There shall be paid to each State which has 
entered into an agreement under this Act an amount equal to 100 
percent of the emergency unemployment compensation paid to 
individuals by the State pursuant to such agreeirient. 
. 
(b) TREATMENT OF REIMBURSABLE COMPENSATION.—No pajmient 
- shall be made to any State under this section in respect of com-
- 
' 
pensation to the extent the State is entitled to reimbursement in 
respect of such compensation 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 com-
pensation. 
(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 
PUBLIC LAW 102-107—AUG. 17, 1991 
105 STAT. 545 
determined by the Secretary), in such amounts as the Secretary 
estimates the State will be entitled to receive under this Act for 
each calendar month, reduced or increased, £is the case may be, by 
any amount by which the Secretary finds that his 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 unemployment com-
pensation account (as established by section 905 of the Social Secu-
rity Act) of the Unemployment Trust Fund shall be used for the 
making of pa5ntnents to States having agreements entered into under 
this Act. 
OJ) 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 settlement by the General Accounting Office, shall 
make pa3nnents to the State in accordance with such certification, 
by transfers from the extended unemployment compensation ac-
count (as established by section 905 of the Social Security Act) to the 
account of such State in the Unemployment Trust Fund. 
(c) ASSISTANCE TO STATES.—There are hereby authorized to be 
appropriated 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) in meeting the costs of administration of 
agreements 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 emergency unemployment compensation under this 
Act to which he was not entitled, such individual— 
(1) shall be ineligible for further emergency unemployment 
compensation under this Act in accordance with the provisions 
of the applicable State unemplo3mient compensation law relat-
ing 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 C!ode. 
(b) REPAYMENT.—In the case of individuals who have received 
amounts of emergency unemplo3anent compensation under this Act 
to which they were not entitled, the State shall require such individ-
uals to repay the amounts of such emergency unemployment com-
pensation to the State agency, except that the State agency may 
waive such repa5mient if it determines that— 
(1) the pajnnent of such emergency unemployment compensa-
tion was without fault on the part of any such individu^d, and 
(2) such repa3anent would be contrary to equity and good 
conscience. 
26 u s e 3304 
note. 
Appropriation 
authorization. 
26 use 3304 
note. 
105 STAT. 546 
PUBLIC LAW 102-107—AUG. 17, 1991 
(c) RECOVERY BY STATE AGENCY.— 
(1) IN GENERAL.—The State agency may recover 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 unemplojnnent compensa-
tion payable to such individual under any Federal unemploy-
ment 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 respect to any week of unemployment, during the 3-year 
period after the date such individuals received the payment of 
the emergency 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 repayment shall be re-
quired, 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 com-
pensation law, and only in that manner and to that extent. 
26 use 3304 
SEC. 7. DEFINITIONS. 
For purposes of this Act: 
(1) IN GENERAL.—The terms "compensation", "regular com-
pensation", "extended compensation", "additional compensa-
tion", "benefit year", "base period", "State", "State agency", 
"State law", and "week" have the meanings given such terms 
under section 205 of the Federal-State Extended Unemployment 
Compensation Act of 1970. 
(2) ELIGIBIUTY PERIOD.—An individual's eligibility period shall 
consist of the weeks in the individual's benefit year which begin 
in an 8-percent period, 7-percent period, 6-percent period, or 
other period under this Act and, if the individual's benefit year 
ends on or after August 31, 1991, any weeks thereafter which 
begin in any such period. In no event shall an individual's 
period of eligibility include any weeks after the 39th week after 
the end of the benefit year for which the individual exhausted 
his rights to regular compensation or extended compensation. 
(3) RATE OF TOTAL UNEMPLOYMENT.—The term "rate of total 
unemplojmient" means the average unadjusted total rate of 
unemplojnnent (as determined by the Secretary) for a State for 
the period consisting of the most recent 6-calendar month 
period for which data are available. 
26 use 3304 
SEC. 8. PAYMENTS OF UNEMPLOYMENT COMPENSATION TO FORMER 
note. 
MEMBERS OF THE ARMED FORCES. 
(a) REPEAL OF CERTAIN LIMITATIONS.—Subsection (c) of section 
8521 of title 5, United States Code, is hereby repealed. 
0?) REDUCTION IN LENGTH OF REQUIRED ACTIVE DUTY BY RE-
SERVES.—Pargigraph (1) of section 8521(a) of such title 5 is amended 
by striking "180 days" and inserting "90 days". 
5 use 8521 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
^
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*
*
®
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apply to weeks of unemployment beginning on or after the date of 
the enactment of this Act. 
PUBLIC LAW 102-107—AUG. 17, 1991 
105 STAT. 547 
SEC. 9. ADVISORY COUNCIL ON UNEMPLOYMENT COMPENSATION. 
26 USC 3304 
Section 908 of the Social Security Act is amended to read as 
^g use 1108 
follows: 
"ADVISORY COUNCIL ON UNEMPLOYMENT COMPENSATION 
"SEC. 908. (a) ESTABUSHMENT.—Not later than February 1, 1992, 
and every 4th year thereafter (but not before February 1 of such 4th 
year), the Secretary of Labor shall establish an advisory council to 
be known as the Advisory Council on Unemployment Compensation 
(referred to in this section as the 'Council')-
"(b) FUNCTION.—It shall be the function of each Council to evalu-
ate the unemployment compensation program, including the pur-
pose, goals, countercyclical effectiveness, coverage, benefit ade-
quacy, trust fund solvency, funding of State administrative costs, 
administrative efficiency, and any other aspects of the program and 
to make recommendations for improvement. 
"(c) MEMBERS.— 
"(1) IN GENERAL.—Each Council shall consist of 11 members 
as follows: 
"(A) 5 members appointed by the President, to include 
representatives of business, labor, State government, and 
the public. 
"(B) 3 members appointed by the President pro tempore 
of the Senate, in consultation with the Chairman and rank-
ing member of the Committee on Finance. 
'(C) 3 members appointed by the Speaker of the House, in 
consultation with the Chairman and ranking member of 
the Committee on Ways and Means. 
"(2) QUAUFICATIONS.—In appointing members under subpara-
graphs (B) and (C), the President pro tempore of the Senate and 
the Speaker of the House shall each appoint— 
"(A) 1 representative of the interests of business, 
"(B) 1 representative of the interests of labor, and 
"(C) 1 representative of the interests of State govern-
ments. 
"(3) VACANCIES.—A vacancy in any C!ouncil shall be filled in 
the manner in which the original appointment was made. 
"(4) CHAIRMAN.—The President shall appoint the Chairman. President. 
"(d) STAFF AND OTHER ASSISTANCE.— 
"(1) IN GENERAL.—Each council may engage any technical 
assistance (including actuarial services) required by the Council 
to carry out its functions under this section. 
"(2) ASSISTANCE FROM SECRETARY OF LABOR.—The Secretary of 
Labor shall provide each Council with any staff, office facilities, 
and other assistance, and any data prepared by the Department 
of Labor, required by the Council to carry out its functions 
under this section. 
"(e) COMPENSATION.—Each member of Einy Council— 
"(1) shall be entitled to receive compensation at the rate of 
pay for level V of the Executive Schedule under section 5316 of 
title 5, United States Code, for each day (including travel time) 
during which such member is engaged in the actual perform-
ance of duties vested in the Council, and 
"(2) while engaged in the performance of such duties away 
from such member's home or regular place of business, shall be 
allowed travel expenses (including per diem in lieu of subsist-
105 STAT. 548 
PUBLIC LAW 102-107—AUG. 17, 1991 
ence) as authorized by section 5703 of title 5, United States 
Code, for persons in the Government employed intermittently. 
"(f) REPORT.— 
"(1) IN GENERAL.—Not later than February 1 of the second 
year following the year in which any Council is required to be 
established under subsection (a), the Council shall submit to the 
President and the Congress a report setting forth the findings 
and recommendations of the Council as a result of its evaluation 
of the unemplojrment compensation program under this section. 
"(2) REPORT OF FIRST COUNCIL.—The Council shall include in 
its February 1, 1994, report findings and recommendations with 
respect to determining eligibility for extended unemplo3mient 
benefits on the basis of unemplojnnent statistics for regions. 
States, or subdivisions of States.". 
26 u s e 3304 
SEC. 10. EMERGENCY DESIGNATION. 
(a) EMERGENCY DESIGNATION.—Pursuant to sections 251(b)(2)(DXi) 
£ind 252(e) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, the Congress hereby designates all direct spending 
amounts provided by this Act (for all fiscal years) and all appropria-
tions authorized by this Act (for all fiscal years) as emergency 
requirements within the meaning of part C of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
(b) EFFECTIVENESS.—Notwithstanding any other provision of law 
or any other provision of this Act, none of the preceding sections of 
this Act shall take effect unless, not later than the date of the 
enactment of this Act, the President submits to the Congress a 
written designation of all direct spending amounts provided by this 
Act (for all fiscal years) and all appropriations authorized by this 
Act (for all fiscal years) as emergency requirements within the 
meaning of part C of the Balanced Budget and Emergency Deficit 
Control Act of 1985. 
Approved August 17,1991. 
LEGISLATIVE fflSTORY—H.R. 3201: 
HOUSE REPORTS: No. 102-184 (Comm. on Ways and Means). 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Aug. 2, considered and passed House and Senate.