Page:United States Statutes at Large Volume 105 Part 2.djvu/102

 105 STAT. 1054 PUBLIC LAW 102-164—NOV. 15, 1991 (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 settlement by the General Accounting Office, shall make payments to the State in accordance with such certification, 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) ASSISTANCE TO STATES.— T here 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. (d) AUTHORIZATION OF APPROPRIATIONS FOR CERTAIN PAYMENTS. — There are authorized to be appropriated from the general fund of the Treasury, without fiscal year limitation, to the extended unemployment compensation 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 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. 105. 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 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 emergency unemployment compensation under this Act to which they were not entitled, the State shall require such individuals to repay the amounts of such emergency unemployment compensation to the State agency, except that the State agency may waive such repayment if it determines that— (1) the payment of such emergency 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 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 unemployment compensation payable to such individual under any Federal unemploy-

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