Page:United States Statutes at Large Volume 89.djvu/301

 PUBLIC LAW 94-45—JUNE 30, 1975

89 STAT. 241

"(2) such individual has a contract to perform services in any such capacity for any educational institution or agency for the later of such academic years or terms.". TECHNICAL AND CLARIFYING

AMENDMENTS

SEC. 203. (a) Section 210 of the Emergency Jobs and Unemployment Assistance Act of 1974 is amended by adding at the end thereof 26 USC 3304 note. the following new section: "(c) Employment and wages which are not covered by the State law may be treated, under sections 203(a)(1), 205(a), and 206(a), as Ante, p. 240. 26 USC 3304 though they were covered only if the employment— "(1) is performed by an employee (as defined in section 3121 note. Post, p. 242. (d) of the Internal Revenue Code of 1954), and "(2) constitutes employment as determined under section 3306 26 USC 3121. (c) of such Code without regard to paragraphs (1) through (9), (10)(B)(ii), (14), (15), and (17) of such section. For purposes of paragraph (2), section 3306(c) of such Code shall be applied as if the term 'United States' includes the Virgin Islands.". (b)(1) Section 205 of such Act is amended— (A) by striking out the last sentence of subsection (b); and (B) by adding at the end thereof the following new subsections: "(c) If an individual knowingly has made, or caused to be made by Fraud. 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 assistance under this title to which he was not entitled, such individual— "(1) shall be ineligible for further assistance 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 subject to prosecution under section 1001 of tit^e 18, United States Code. "(d)(1) In the case of individuals who have received amounts of Repayment of assistance under this title to which they were not entitled, the State is unentitled authorized to require such individuals to repay the amounts of such assistance. assistance to the State agency, except that the State agency may waive such repayment if it determines that— "(A) the payment of such assistance was without fault on the part of any such individual, and "(B) such repayment would be contrary to equity and good conscience. "(2) The State agency may recover the amount to be repaid, or any part thereof, by deductions from any assistance payable under this title or from any unemployment compensation payable to such individual under any Federal unemployment 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 threeyear period after the date such individuals received the payment of the assistance 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. "(3) No repayment shall be required, and no deduction shall be Notice and made, until a determination has been made, notice thereof and an hearing. opportunity for a fair hearing has been given to the individual, and the determination has become final.

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