Emergency Unemployment Compensation Extension Act
PL 95-19 (H.R.4800), enacted 04/12/1977

PUBLIC LAW 95-19—APR. 12, 1977 
91 STAT. 39 
Public Law 95-19 
95th Congress 
An Act 
To extend the Emergency Unemployment Compensation Act of 1974, and for 
other purposes. 
Be it enacted hy 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 Compen-
sation Extension Act of 1977". 
TITLE I—AMENDMENTS TO THE EMER-
GENCY UNEMPLOYMENT COMPENSA-
TION PROGRAM 
Apr. 12, 1977 
[H.R. 4800] 
Emergency 
Unemployment 
Compensation 
Extension Act of 
1977. 
26 u s e 3304 
note. 
SEC. 101. EXTENSION OF PROGRAM. 
(a) GENERAL KULE.—Section 102(f) (2) of the Emergency Unem-
ployment Compensation Act of 1974 is amended to read as follows: 
" (2) No emergency compensation shall be payable to any indi-
vidual under an agreement entered into under this Act— 
g- 
" ( A ) for any week ending after October 31,1977, or 
" ( B ) in the case of an individual who (for a week ending 
after the beginning of his most recent benefit year and before 
October 31, 1977) had a week with respect to which emer-
gency compensation was payable under such agreement, for 
any week ending after January 31,1978." 
(b) EiTECTivE DATE,—The amendment made by subsection (a) shall 
apply to weeks of unemployment ending after March 31,1977. 
SEC. 102. 13-WEEK MAXIMUM FOR THE EMERGENCY BENEFITS AND 
EMERGENCY BENEFIT PERIOD. 
(a) 
52-WEEK DURATION PERIOD TOR EMERGENCY BENEFITS.—Sub-
section (e) of section 102 of the Emergency Unemployment Compen-
sation Act of 1974 is amended— 
(1) by striking out paragraphs (2) and (3) and inserting in 
lieu thereof the following: 
"(2) The amount established in such account for any individual 
shall be equal to the lesser of— 
" ( A ) 50 per centum of the total amount of regular compensa-
tion (including dependents' allowances) payable to him with 
respect to the benefit year (as determined under the State law) on 
the basis of which he most recently received regular compensa-
tion; or 
" ( B ) 13 times his average weekly benefit amount (as deter-
mined for purposes of section 202(b) (1) (C) of the Federal-State 
Extended Unemployment Compensation Act of 1970) for his 
benefit year."; 
(2^ by redesignating paragraph (4) as paragraph ( 3 ) ; and 
(3) by striking out "amounts determined under paragraphs (2) 
' 
and (3) with respect to any individual shall each" in paragraph 
(3) (as so redesignated) and inserting in lieu thereof "amount 
26 use 3304 
note. 
26 use 3304 
note. 
91 STAT. 40 
PUBLIC LAW 95-19—APR. 12, 1977 
26 use 3304 
note. 
26 use 3304 
note. 
26 use 3304 
note. 
42 use 1105. 
26 use 3304 
note. 
determined under paragraph (2) with respect to any individual 
shall". 
(b) EMERGENCY BENEFIT PERIOD.—Section 102(c) (3) (A) (ii) of 
such Act is amended by striking out "26 consecutive weeks" and insert-
ing in lieu thereof "13 consecutive weeks". 
(c) 
CONFORMING AMENDMENTS.— 
(1) Section 105 of such Act is amended by striking out para-
graph (5) and by redesignating paragraphs (6), (7), and (8) 
as paragraphs (5), (6), and (7), respectively. 
(2) Paragraph (2) of section 102(b) of such Act is amended— 
(A) by striking out "section 105(2)" and inserting in lieu 
^ 
thereof "section 105 (a) (2)"; and 
(B) by striking out "section 105(4)" and inserting in lieu 
thereof "section 105(a)(4)". 
(d) EFFECTIVE DATE.—The amendments made by this section shall 
apply to weeks of unemployment ending after April 30, 1977. For 
purposes of determining an individual's entitlement to emergency 
compensation for weeks ending after April 30, 1977, there shall be 
taken into account any emergency compensation paid to such individ-
ual for weeks which end after the beginning of the individual's most 
recent benefit year and before May 1, 1977. 
SEC. 103. FINANCING OF EMERGENCY UNEMPLOYMENT COMPENSA-
TION FROM GENERAL FUNDS. 
(a) GENERAL RULE.—Section 104(b) of the Emergency Unemploy-
ment Compensation Act of 1974 is amended— 
(1) in the first sentence thereof, by striking out "as repayable 
advances (without interest),"; and 
(2) by amending the second sentence thereof to read as follows: 
"Amounts appropriated and paid to the States under section 103 
with respect to weeks of unemployment ending prior to April 1, 
1977, shall be repaid, without interest, as provided in section 
905 (d) of the Social Security Act". 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 
shall be effective on April 1,1977. 
SEC 104. DENIAL OF EMERGENCY COMPENSATION TO INDIVIDUALS 
WHO REFUSE OFFERS OF SUITABLE WORK OR WHO ARE 
NOT ACTIVELY SEEKING WORK. 
(a) GENERAL RULE.—Section 102 of the Emergency Unemployment 
Compensation Act of 1974 is amended by adding at the end thereof 
the following new subsection: 
" (h) (1) In addition to any eligibility requirement of the applicable 
State law, emergency compensation shall not be payable for any week 
to any individual otherwise eligible to receive such compensation if 
during such week such individual— 
"(A) fails to accept any offer of suitable work or to apply for 
any suitable work to which he was referred by the State agency, or 
"(B) fails to actively engage in seeking work. 
"(2) If any individual is ineligible for emergency compensation for 
any week by reason of a failure described in subparagraph (A) or (B) 
of paragraph (1), the individual shall be ineligible to receive emer-
gency compensation for any week which begins during a period 
which— 
"(A) begins with the week following the week in which such 
, 
failure occurs, and 
"(B) does not end until such individual has been employed 
during at least 4 weeks which begin after such failure and the 
total of the remuneration earned by the individual for being so 
employed is not less than the product of 4 multiplied by the in-
PUBLIC LAW 95-19—APR. 12, 1977 
91 STAT. 41 
dividual's average weekly benefit amount (as determined for 
purposes of section 202(b) (1) (C) of the Federal-State Extended 
Unemployment Compensation Act of 1970) for his benefit year. 
26 USC 3304 
"(3) Emergency compensation shall not be denied under paragraph 
°ot«-
(1) to any individual for any week by reason of a failure to accept an 
offer of, or apply for, suitable work— 
" ( A ) if the gross average weekly remuneration payable to such 
individual for the position does not exceed the sum of— 
"(i) the individual's average weekly benefit amount (as 
determined for purposes of section 202(b) (1) (C) of the Fed-
eral-State Extended Unemployment Compensation Act of 
*o 
1970) for his benefit year, plus 
•'- 
-
"(ii) the amount (if any) of supplemental unemploy-
ment compensation benefits (as defined in section 501(c) (17) 
(D) of the Internal Revenue Code of 1954) payable to such 26 USC 501. 
individual for such week; 
" ( B ) if the position was not offered to such individual in 
writing and was not listed with the State employment service; 
"(C) if such failure would not result in a denial of compensa-
tion under the provisions of the applicable State law to the extent 
that such provisions are not inconsistent with the provisions of 
paragraph (4); or 
" ( D ) if the position pays wages less than the higher of— 
"(i) the minimum wage provided by section 6(a)(1) of 
the Fair Labor Standards Act of 1938, without regard to any 
29 USC 206. 
exemption; or 
"(ii) any applicable State or local minimum wage. 
. " (4) For purposes of this subsection— 
" (A) The term 'suitable work' means, with respect to any indi- "Suitable work." 
vidual, any work which is within such individual's capabilities; 
except that, if the individual furnishes evidence satisfactory to 
the State agency that such individual's prospects for obtaining 
work in his customary occupation within a reasonably short period 
are good, the determination of whether any work is suitable work 
with respect to such individual shall be made in accordance with 
the applicable State law. 
"(B) An individual shall be treated as actively engaged in 
seeking work during any week if— 
;• 
f 
"(i) the individual has engaged in a systematic and sus-
tained effort to obtain work during such week, and 
"(ii) the individual provides tangible evidence to the State 
|j ;- 
agency that he has engaged in such an effort during such 
week. 
"(5) Any agreement under subsection (a) shall provide that, in the 
••• . . . 
administration of this Act, States shall make provision for referring 
applicants for benefits under this Act to any suitable work to which 
subparagraphs (A), (B), (C), and (D) of paragraph (3) would not 
apply." 
.,F.- * .A 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
-t, ,i 
shall apply to weeks of unemployment beginning after the date of 
the enactment of this Act. 
SEC. 105. RECOVERY OF OVERPAYMENTS. 
(a) GENERAL RULE.—Section 105 of the Emergency Unemploy-
ment Compensation Act of 1974 is amended by inserting " ( a ) " after 
26 USC 3304 
"Sec. 105." and by adding at the end thereof the following new "
^
o
*
®
-
subsection: 
"(b)(1) If an individual knowingly has made, or caused to be made 
by another, a false statement or representation of a material fact, or 
91 STAT. 42 
PUBLIC LAW 95-19—APR. 12, 1977 
Repayment. 
JfJl 
Notice and 
hearing. 
Review. 
26 use 3304 
note. 
26 use 3304 
note. 
Termination of 
agreement. 
26 use 3304 
note. 
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 emer-
gency compensation under this Act to which he was not entitled, such 
individual— 
"(A) shall be ineligible for further emergency compensation 
under this Act in accordance with the provisions of the applicable 
State unemployment compensation law relating to fraud in con-
nection with a claim for unemployment compensation; and 
"(B) shall be subject to prosecution under section 1001 of title 
18, IJnited States Code. 
"(2) (A) In the case of individuals who have received amounts of 
emergency compensation under this Act to which they were not 
entitled, the State is authorized to require such individuals to repay 
the amounts of such emergency compensation to the State agency, 
except that the State agency may waive such repayment if it deter-
mines that— 
"(i) the payment of such emergency compensation was with-
out fault on the part of any such individual, and 
"(ii) such repayment would be contrary to equity and good 
conscience. 
" ( B ) The State agency may recover the amount to be repaid, or 
any part thereof, by deductions from any emergency compensation 
payable to such individual under this Act or from any unemp'oyment 
compensation payable to such individual under any Federal unem-
ployment compensation law administered by the State agency or under 
any other Federal law administered by the State agency which pro-
vides for the payment of any assistance or allowance with respect to 
any w^eek of unemployment, during the three-year period after the 
date such individuals received the payment of the emergency compen-
sation to which they were not entitled, except that no single deduction 
may exceed 50 per centum of the weekly benefit amount from which 
such deduction is made. 
"(C) No repayment 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. 
"(3) Any determination by a State agency under paragraph (1) 
or (2) 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." 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act. 
SEC. 106. MODIFICATION OF AGREEMENTS. 
The Secretary of Labor shall, at the earliest practicable date after 
the date of the enactment of this Act, propose to each State with 
•which he has in effect an agreement under section 102 of the Emer-
gency Unemployment Compensation Act of 1974 a modification of 
such agreement designed to provide for the payment of emergency 
compensation under such Act in accordance with the amendments 
made by this title. Notwithstanding any other provision of law, if any 
State fails or refuses, within the 3-week period beginning on the date 
the Secretary of Labor proposes such a modification to such State, to 
enter into such a modification of such agreement, the Secretary of 
Labor shall terminate such agreement effective with the end of the 
last week which ends on or before the last day of such 3-Aveek period. 
SEC. 107. TERMINATION OF INDIVIDUAL ENTITLEMENT. 
(a) GENERAL RULE.—Section 102(b) (2) of the Emergency Unem-
ployment Compensation Act of 1974 is amended— 
X v _ . 
PUBLIC LAW 95-19—APR. 12, 1977 
91 STAT. 43 
(1) by striking out the period at the end thereof and inserting 
in lieu thereof a semicolon; and 
(2) by adding after subparagraph (B) thereof the following: 
"except that no payment of emergency compensation shall be 
made to any individual for any week of unemployment which 
begins more than two years after the end of the benefit year for 
,. . 
which he exhausted his rights to regular compensation.", 
(b) 
EFFECTIVE DATE.—The amendment made by subsection 
(a) 
shall apply to weeks of unemployment ending after the date of enact-
ment of this Act. 
TITLE II—REPAYMENT OF STATE LOANS 
SEC. 201. REPAYMENT OF STATE LOANS. 
(a) GENERAL RULE.—The last sentence of section 3302(c) (2) of the 
Internal Revenue Code of 1954 (relating to reduction in credits against 
26 USC 3302. 
unemployment tax) is amended by striking out "January 1,1978" each 
place it appears and inserting in lieu thereof "January 1, 1980". 
(b) STATE REQUIREMENTS.—The amendment made by subsection (a) 26 USC 3302 
shall not apply in the case of any State unless the Secretary of Labor 
"ote. 
finds that such State meets the requirements of section 110(b) of the 
Emergency Compensation and Special Unemployment Assistance 
Extension Act of 1975. 
26 USC 3302 
note. 
TITLE III—OTHER UNEMPLOYMENT 
COMPENSATION AMENDMENTS 
SEC. 301. DELAY IN EFFECTIVE DATES WHERE STATE LEGISLATURE 
DOES NOT MEET IN 1977. 
(a) COVERAGE or CERTAIN SERVICE PERFORMED FOR NONPROFIT ORGA-
NIZATIONS AND FOR STATE AND LOCAL GOVERNMENTS.—Subsection (d) 
of section 115 of the Unemployment Compensation Amendments of 
1976 is amended to read as follows: 
26 USC 3304 
"(d) EFFECTIVE DATE.— 
"ot^-
"(1) Except as provided in paragraph (2), the amendments 
, 
made by this section shall apply with respect to certifications 
of States for 1978 and subsequent years; except that— 
3 
" ( A ) the amendments made by subsections (a) and (b) 
' 
shall only apply with respect to services performed after 
,,_?•.,• ; _
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' 
Decembei- 31,1977; and 
"(B) the amendments made by subsection (c) shall only 
apply with respect to weeks of unemployment which begin 
i
^ 
' 
after December 31, 1977. 
. 
"(2) In the case of any State the legislature of which does 
not meet in a regular session which closes during the calendar 
'"' 
year 1977, the amendments made by subsection (c) shall only 
apply with respect to weeks of unemployment which begin after 
December 31,1978 (or if earlier, the date provided by State law)." 
(b) PREGNANCY DISQUALIFICATIONS.—Subsection (c) of section 312 
of the Unemployment Compensation Amendments of 1976 is amended 26 USC 3304 
to read as follows: 
note. 
"(c) EFFECTIVE DATE.— 
"(1) Except as provided in paragraph (2), the amendments 
made by this section shall apply with respect to certifications of 
States for 1978 and subsequent years. 
"(2) In the case of any State the legislature of which does 
91 STAT. 44 
PUBLIC LAW 95-19—APR. 12, 1977 
not meet in a regular session which closes during the calendar 
year 1977, the amendments made by this section shall apply with 
respect to the certification of such State for 1979 and subsequent 
years." 
(c) 
ELECTION OF LOCAL GOVERNMENTS To U S E REIMBURSEMENT 
METHOD,—Subsection (c) of section 506 of the Unemployment Com-
26 use 3304 
pensation Amendments of 1976 is amended to read as follows: 
note. 
"(c) EFFECTIVE DATE.— 
"(1) Except as provided in paragraph (2), the amendments 
made by this section shall apply with respect to certifications of 
States for 1978 and subsequent years, but only with respect to 
services performed after December 31,1977. 
"(2) In the case of any State the legislature of which does not 
meet in a regular session which closes during the calendar year 
1977, the amendments made by this section shall apply with 
" 
respect to the certification of such State for 1979 and subsequent 
'
= 
years, but only with respect to services performed after Decem-
ber 31,1978." • 
(d) EFFECTIVE DATE.—The amendments made by this section shall 
' 
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''- 
take effect on October 20,1976. 
'" 
SEC. 302. ADDITIONAL AMENDMENTS. 
(a) ILLEGAL ALIENS.—Subparagraph (A) of section 3304(a) (14) 
26 use 3304. 
of the Internal Revenue Code of 1954 (relating to denial of unem-
.,tfir< 
ployment compensation to illegal aliens) is amended to read as 
follows: 
" (A) compensation shall not be payable on the basis of services per-
formed by an alien unless such alien is an individual who was lawfully 
admitted for permanent residence at the time such services were per-
formed, was lawfully present for purposes of performing such serv-
ices, or was permanently residing in the United States under color 
of law at the time such services were performed (including an alien 
who was lawfully present in the United States as a result of the 
application of the provisions of section 203(a) (7) or section 212(d) 
8 use 1153, 
(5) of the Immigration and Nationality Act),". 
1182. 
(b) REIMBURSEMENT METHOD OF FINANCING FOR LOCAL GOVERN-
26 use 3309. 
MENTS.—Paragraph (2) of section 3309(a) of such Code (relating 
to State law requirements) is amended by striking out "or group of 
organizations" and inserting in lieu thereof "or group of governmental 
entities or other organizations". 
(c) DISQUALIFICATION OF TEACHERS.—Section 3304(a)(6)(A) of 
26 use 3304. 
the Internal Revenue Code of 1954 (relating to approval of State 
unemployment laws) is amended— 
(1) in clause (i) — 
(A) by striking out "instructional research" and inserting 
in lieu thereof "instructional, research"; and 
''"' 
(B) by striking out "two successive academic years" and 
inserting in lieu thereof "two successive academic years or 
terms"; 
(2) by striking out "and" at the end of cause (i) ; and 
(3) by adding at the end thereof the following new clause: 
. .., , 
"(iii) with respect to any services described in clause 
''•'" '" . "j; 
(i) or (ii), compensation payable on the basis of such 
services may be denied to any individual for any week 
which commences during an established and customary 
vacation period or holiday recess if such individual per-
forms such services in the period immediately before 
^ 
such vacation period or holiday recess, and there is a 
PUBLIC LAW 95-19—APR. 12, 1977 
91 STAT. 45 
'^ ' 
reasonable assurance that such individual will perform 
, _ _ 
such services in the period immediately following such 
vacation period or holiday recess, and". 
(d) EFFEcrrivE DATES.— 
(1) The amendment made by subsection (a) shall take effect 
as if included in the amendment made by section 314 of the Unem-
ployment Compensation Amendments of 1976. 
(2) The amendment made by subsection (b) shall take effect as 
if included in the amendments made by section 506 of the Unem-
ployment Compensation Amendments of 1976. 
(3) The amendments made by subsection (c) shall take effect 
as if included in the amendments made by section 115(c) of the 
Unemployment Compensation Amendments of 1976. 
(e) 
RECIPIENTS OF RETIREMENT BENEFITS.—Paragraph (15) of sec-
tion 3304(a) of the Internal Revenue Code of 1954 (relating to the 
denial of unemployment compensation to recipients of retirement bene-
fits) is amended by striking "September 30, 1979" and inserting in 
lieu thereof "March 31,1980". 
SEC. 303. DELAY IN REPORTING DATES FOR NATIONAL COMMISSION 
ON UNEMPLOYMENT COMPENSATION. 
(a) INTERIM REPORT.—Subsection (f) of section 411 of the Unem-
ployment Compensation Amendments of 1976 (relating to interim 
report of National Commission on Unemployment Compensation) is 
amended by striking out "March 31,1978" and inserting in lieu thereof 
"September 30,1978". 
(b) FINAL REPORT.—Subsection (g) of such section 411 (relating to 
final report) is amended by striking out "January 1,1979" and insert-
ing in lieu thereof "July 1,1979". 
TITLE IV—FEDERAL SALARY ACT 
AMENDMENTS OF 1977 
26 use 
note. 
90 Stat. 
26 use 
note. 
90 Stat. 
26 use 
note. 
90 Stat. 
3304 
2680. 
3309 
2687. 
3304 
2670. 
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26 use 3304 
note. 
SEC. 401. EFFECTIVE DATE OF AND CONGRESSIONAL APPROVAL OF 
RECOMMENDATIONS OF THE PRESIDENT. 
(a) Section 225(i) of Public Law 90-206 is amended to read as 
follows: 
"(i) Effective date of and congressional approval of recommenda-
tions of the President— 
" (1) Within sixty calendar days of the submission of the Presi-
dent's recommendations to the Congress, each House shall conduct 
a separate vote on each of the recommendations of the President 
with respect to the offices and positions described in subparagraphs 
(A), (B), (C), and (D) of subsection (f) of this section, and 
shall thereby approve or disapprove the recommendations of the 
President regarding each such subparagraph. Such votes shall 
be recorded so as to reflect the votes of each individual Member 
thereon. If both Houses approve by majority vote the recommen-
dations pertaining to the offices and positions described in any 
such subparagraph, the recommendations shall become effective 
for the offices and positions covered by such subparagraph at the 
beginning of the first pay period which begins after the thirtieth 
day following the approval of the recommendation by the second 
House to approve the recommendation. 
"(2) Any part of the recommendations of the President may, 
in accordance with express provisions of such recommendations, 
2 use 359. 
91 STAT. 46 
PUBLIC LAW 95-19—APR. 12, 1977 
be made operative on a date later than the date on which such 
recommendations otherwise are to take effect.". 
2 use 360. 
(b) Section 225(j) of Public Law 90-206 is amended by inserting 
immediately after "subsection (b) (2) and (3) of this section shall" 
the language ", if approved by the Congress as provided in subsection 
(i),". 
Approved April 12, 1977. 
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LEGISLATIVE HISTORY: 
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' I • « y - ' 
,'.M.*' 
HOUSE REPORTS: No. 95-82 (Coram, on Ways and Means) and No. 95-158 (Coram, of 
Conference). 
SENATE REPORT No. 95-67 (Corara. on Finance). 
CONGRESSIONAL RECORD, Vol. 123 (1977): 
Mar. 21, considered and passed House. 
Mar. 30, considered and passed Senate, araended. 
Apr. 4, House and Senate agreed to conference report.