Page:United States Statutes at Large Volume 91.djvu/76

 9 1 STAT. 42

Repayment. JfJl

Notice and hearing.

Review.

26 USC 3304 note. 26 USC 3304 note. Termination of agreement.

26 USC 3304 note.

PUBLIC LAW 9 5 - 1 9 — A P R. 12, 1977 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 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 connection with a claim for unemployment compensation; and " (B) shall be subject to prosecution under section 1001 of title 18, United States Code. " (2)(A) I n 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 determines that— " (i) the payment of such emergency compensation was without fault on the part of any such individual, and " ( i i) 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 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 three-year period after the date such individuals received the payment of the emergency compensation 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 D A T E. — 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 Emergency 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 Unemployment Compensation Act of 1974 is amended—

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