technical and clarifying amendments

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 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 though they were covered only if the employment— “(1) is performed by an employee (as defined in section 3121 (d) of the Internal Revenue Code of 1954), and “(2) constitutes employment as determined under section 3306 (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 Ire 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 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 title 18, United States Code. “(d) (1) In the ease of individuals who have received amounts of assistance under this title to which they were not entitled, the State is authorized to require such individuals to repay the amounts of such 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 three-year 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 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. 89 STAT. 242 “(e) Any determination by a State agency under subsection (c) or (d) 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.”. (2) Section 210(a) of such Act is amended by striking out “and” at the end of paragraph (3), by striking out the period at the end of paragraph (4) and inserting in lieu thereof a semicolon, and by adding at the end thereof the following new paragraphs: “(5) ‘State agency’ means the agency of t he State which administers the program established by this title; and “(6) ‘special unemployment assistance benefit year’ means the fifty-two week period beginning with the first week for which an individual files a valid claim for special unemployment assistance.”. (c) Section 206 of such Act is amended by inserting “(a)” after “Sec. 206.” and by adding at the end thereof the following new subsection: “(b) In the case of any individual who files a claim for assistance under this title during a benefit year which such individual has established under any State unemployment compensation law, the maximum amount of assistance under this title which such individual shall be entitled to receive during the special unemployment assistance benefit year established pursuant to such claim (as determined under subsection (a) without regard to this subsection) shall be reduced by the amount of any unemployment compensation received during the benefit year established under the State unemployment compensation law.”. (d) Paragraph (4) of section 203(a) of such Act (as amended by section 202 of this Act) is amended by striking out “subsection (b)” and inserting in lieu thereof “paragraph (2)”.