Page:United States Statutes at Large Volume 122.djvu/2379

 12 2 STA T . 2 356PUBLIC LA W 11 0– 252 —J U NE 30, 200 8ac c ount o fs uc hS tat ei n the U ne mpl o y ment Tr ust F un d( as so esta b lished ). (c) AS S I S TANCE T O STATES. — There are appropriated out of the employment security administration account (as established by sec - tion 901 (a) of the Social Security Act ( 42 U.S. C. 1101(a)) of the Unemployment Trust Fund ,w ithout fiscal year limitation, such funds as may be necessary for purposes of assistin g States (as pro v ided in title I II of the Social Security Act (42 U.S.C. 5 01 et se q .)) in meeting the costs of administration of agreements under this title. (d) A P P R OPRIATIONS F OR CERTAIN P A YM ENTS.—There are appro- priated from the general fund of the Treasury, without fiscal year limitation, to the e x tended unemployment compensation account (as so established) of the Unemployment Trust Fund (as so estab- lished) such sums as the Secretary estimates to be necessary to ma k e the payments under this section in respect of— (1) compensation payable under chapter 8 5 of title 5, United States Code and (2) compensation payable on the basis of services to which section 3 309(a)(1) of the Internal R evenue Code of 198 6 applies. Amounts appropriated pursuant to the preceding sentence shall not be required to be repaid. FRA UD AND O V ERPAYMENTS SEC. 4005. (a) IN G ENERA L .—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 unemploy- ment compensation under this title to which such individual was not entitled, such individual— (1) shall be ineligible for further emergency unemployment compensation under this title 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 sub j ect 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 title 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 repayment if it determines that— (1) the payment of such emergency unemployment com- pensation was without fault on the part of any such individual; and (2) such repayment would be contrary to equity and good conscience. (c) RECOVERY B Y STATE A G ENCY.— (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 indi- vidual under this title or from any unemployment compensation payable to such individual under any State or Federal unemployment compensation law administered by the State Waiver a utho rit y.26USC3 3 04n ote.

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