PlainBillCongress, translated.Legislation. Context. Public interest.Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 780 under authority of the order of the Senate of 06/12/2008.
Congressional Research Service
Version 36 · Passed House amended · Jun 12, 2008
Emergency Extended Unemployment Compensation Act of 2008 - (Sec. 2) Authorizes a state to enter into an agreement with the Secretary of Labor under which the state agency will make emergency unemployment compensation payments to individuals who: (1) have exhausted all rights to regular compensation under state or federal law with respect to a benefit year ending on or after May 1, 2007; (2) have no rights to regular compensation or extended compensation with respect to a week under such law or any other state or federal unemployment compensation law; and (3) are not receiving compensation for such week under the unemployment compensation law of Canada.
Authorizes a state's governor in an extended benefit period, if state law permits, to provide for the payment of emergency unemployment compensation before extended compensation to individuals who otherwise meet the requirements of this Act.
Requires a state to require, as a condition of eligibility for such emergency unemployment compensation, that aliens who receive it be legally authorized to work in the United States.
Showing the opening paragraphs of the official summary.
(Sec. 3) Requires such agreements to require states to establish an emergency unemployment compensation account for an applicant's benefit year.
Prescribes a formula for crediting amounts to such accounts.
Makes a special rule to augment the compensation amount if such an account is exhausted while the state is in an extended benefit period. Revises the definition of "extended benefit period" to include states with a total unemployment rate (TUR) of at least 6.0% and states with an insured unemployment rate (IUR) of at least 4.0% (regardless of certain other ordinary requirements).
(Sec. 4) Requires federal payments to states that have entered into such agreements to cover 100% of emergency unemployment compensation payments.
Prohibits such payments from being made to any state if it is entitled to reimbursement in respect of such compensation under any federal law other than this Act or federal law relating to unemployment compensation for federal employees and ex-servicemen.
Denies a state entitlement to any reimbursement under the latter law if the state is entitled to reimbursement under this Act.
(Sec. 5) Requires funds in the extended unemployment compensation account of the Unemployment Trust Fund to be used for payments to states having such agreements.
Appropriates out of the employment security administration account of such Fund, without fiscal year limitation, the funds necessary to assist states in meeting the costs of administration of such agreements.
Appropriates from the general fund of the Treasury, without fiscal year limitation, to the extended unemployment compensation account of the Unemployment Trust Fund such sums as the Secretary estimates are necessary to make payments for: (1) compensation payable to federal employees and ex-servicemen; and (2) compensation payable on the basis of certain services performed for nonprofit organizations or governmental entities. Declares that none of these appropriations shall be required to be repaid.
(Sec. 6) Makes an individual ineligible for further emergency unemployment compensation, and subjects him or her to fines and imprisonment of up to five years, or both, if the individual knowingly has made, or caused another to make, 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 actions the individual has received such emergency unemployment compensation to which he or she was not entitled.
Directs the state to require such an individual to repay the compensation to the state agency unless the state determines that: (1) the overpayment was without fault on the individual's part; and (2) such repayment would be contrary to equity and good conscience.
(Sec. 8) Requires any agreement entered into under this Act to apply only to weeks of unemployment: (1) beginning after the agreement is entered into; and (2) ending on or before February 1, 2009.
People & committees
Rep. McDermott, Jim [D-WA-7] · D–WA
Legislative record
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Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 780 under authority of the order of the Senate of 06/12/2008.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
On passage Passed by the Yeas and Nays: 274 - 137 (Roll no. 412). (text: CR H5348-5349)
House roll call 412 · Individual votesMotion to reconsider laid on the table Agreed to without objection.
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 274 - 137 (Roll no. 412).(text: CR H5348-5349)
House roll call 412 · Individual votesOn motion to recommit with instructions Failed by the Yeas and Nays: 170 - 243 (Roll no. 411).
House roll call 411 · Individual votesThe previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5360)
DEBATE - The House proceeded with 10 minutes of debate on the Weller motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House to target extended benefits to high unemployment States, restoring long-standing 20-week work requirement for Federal extended benefits, and providing relief from high gas prices for unemployed individuals who return to work.
Mr. Weller moved to recommit with instructions to Ways and Means. (consideration: CR H5359-5361; text: CR H5359)
DEBATE - The House proceeded with one hour of debate on H.R. 5749.
Rule provides for consideration of H.R. 5749 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill are waived except those arising under clause 9 of rule XXI. In lieu of the amendment in the nature of a substitute recommended by the Committee on Ways and Means now printed in the bill, the amendment in the nature of a substitute printed in the report of the Committee on Rules accompanying this resolution shall be considered as adopted.
On motion to table the motion to appeal the ruling of the chair Agreed to by the Yeas and Nays: 217 - 185 (Roll no. 410).
House roll call 410 · Individual votesMr. Rangel moved to table the motion to appeal the ruling of the chair (consideration: CR H5347-5348)
Mr. Weller appealed the ruling of the chair. The question was then put on sustaining the ruling of the chair. (consideration: CR H5347)
POINT OF ORDER AGAINST CONSIDERATION - Mr. Weller raised a point of order against consideration of H.R. 5749 by stating that the bill violated the PAYGO provisions of the Congressional Budget Act. Subsequently, the Chair ruled that the provisions of H.Res. 1265 which provide for the consideration of H.R. 5749, waive all points of order against consideration of the bill.
Considered under the provisions of rule H. Res. 1265. (consideration: CR H5345-5361; text of measure as reported in House: CR H5345-5347)
Rule H. Res. 1265 passed House.
Rules Committee Resolution H. Res. 1265 Reported to House. Rule provides for consideration of H.R. 5749 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. All points of order against consideration of the bill are waived except those arising under clause 9 of rule XXI. In lieu of the amendment in the nature of a substitute recommended by the Committee on Ways and Means now printed in the bill, the amendment in the nature of a substitute printed in the report of the Committee on Rules accompanying this resolution shall be considered as adopted.
Motion to reconsider laid on the table Agreed to without objection.
On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 279 - 144 (Roll no. 403).
House roll call 403 · Individual votesFailed of passage/not agreed to in House: On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 279 - 144 (Roll no. 403).
House roll call 403 · Individual votesConsidered as unfinished business. (consideration: CR H5279)
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
DEBATE - The House proceeded with forty minutes of debate on H.R. 5749.
Considered under suspension of the rules. (consideration: CR H5267-5276; text of measure as reported in House: CR H5267-5268)
Mr. Rangel moved to suspend the rules and pass the bill, as amended.
Placed on the Union Calendar, Calendar No. 378.
Reported (Amended) by the Committee on Ways and Means. H. Rept. 110-607.
Reported (Amended) by the Committee on Ways and Means. H. Rept. 110-607.
Ordered to be Reported (Amended) by the Yeas and Nays: 23 - 13.
Committee Consideration and Mark-up Session Held.
Referred to the House Committee on Ways and Means.
Introduced in House
Introduced in House
Primary sources
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Source last updated: Dec 6, 2025. Consult Congress.gov for the current record.
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