II 

Calendar No. 459 

111TH CONGRESS 

2D SESSION H. R. 5618 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2010 

Received and read the first time 

JULY 14, 2010 

Read the second time and placed on the calendar 

AN ACT 

To continue Federal unemployment programs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Restoration of Emer5 gency Unemployment Compensation Act of 2010’’. 

6 SEC. 2. EXTENSION OF UNEMPLOYMENT INSURANCE PRO7 VISIONS. 

8 (a) IN GENERAL.—(1) Section 4007 of the Supple9 mental Appropriations Act, 2008 (Public Law 110–252; 

10 26 U.S.C. 3304 note) is amended— 


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1 (A) by striking ‘‘June 2, 2010’’ each place it 

2 appears and inserting ‘‘November 30, 2010’’; 

3 (B) in the heading for subsection (b)(2), by 

4 striking ‘‘JUNE 2, 2010’’ and inserting ‘‘NOVEMBER

5 30, 2010’’; and 

6 (C) in subsection (b)(3), by striking ‘‘November 

7 6, 2010’’ and inserting ‘‘April 30, 2011’’. 

8 (2) Section 2005 of the Assistance for Unemployed 

9 Workers and Struggling Families Act, as contained in 

10 Public Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 444), 

11 is amended— 

12 (A) by striking ‘‘June 2, 2010’’ each place it 

13 appears and inserting ‘‘December 1, 2010’’; and 

14 (B) in subsection (c), by striking ‘‘November 6, 

15 2010’’ and inserting ‘‘May 1, 2011’’. 

16 (3) Section 5 of the Unemployment Compensation 

17 Extension Act of 2008 (Public Law 110–449; 26 U.S.C. 

18 3304 note) is amended by striking ‘‘November 6, 2010’’ 

19 and inserting ‘‘April 30, 2011’’. 

20 (b) FUNDING.—Section 4004(e)(1) of the Supple21 mental Appropriations Act, 2008 (Public Law 110–252; 

22 26 U.S.C. 3304 note) is amended— 

23 (1) in subparagraph (D), by striking ‘‘and’’ at 

24 the end; and 


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1 (2) by inserting after subparagraph (E) the fol2 lowing: 

3 ‘‘(F) the amendments made by section 

4 2(a)(1) of the Restoration of Emergency Unem5 ployment Compensation Act of 2010; and’’. 

6 (c) CONDITIONS FOR RECEIVING EMERGENCY UNEM7 PLOYMENT COMPENSATION.—Section 4001(d)(2) of the 

8 Supplemental Appropriations Act, 2008 (Public Law 110– 

9 252; 26 U.S.C. 3304 note) is amended, in the matter pre10 ceding subparagraph (A), by inserting before ‘‘shall 

11 apply’’ the following: ‘‘(including terms and conditions re12 lating to availability for work, active search for work, and 

13 refusal to accept work)’’. 

14 (d) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect as if included in the enact16 ment of the Continuing Extension Act of 2010 (Public 

17 Law 111–157). 

18 SEC. 3. COORDINATION OF EMERGENCY UNEMPLOYMENT 

19 COMPENSATION WITH REGULAR COMPENSA20 TION. 

21 (a) CERTAIN INDIVIDUALS NOT INELIGIBLE BY REA22 SON OF NEW ENTITLEMENT TO REGULAR BENEFITS.— 

23 Section 4002 of the Supplemental Appropriations Act, 

24 2008 (Public Law 110–252; 26 U.S.C. 3304 note) is 

25 amended by adding at the end the following: 


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1 ‘‘(g) COORDINATION OF EMERGENCY UNEMPLOY2 MENT COMPENSATION WITH REGULAR COMPENSA3 TION.— 

4 ‘‘(1) If— 

5 ‘‘(A) an individual has been determined to 

6 be entitled to emergency unemployment com7 pensation with respect to a benefit year, 

8 ‘‘(B) that benefit year has expired, 

9 ‘‘(C) that individual has remaining entitle10 ment to emergency unemployment compensa11 tion with respect to that benefit year, and 

12 ‘‘(D) that individual would qualify for a 

13 new benefit year in which the weekly benefit 

14 amount of regular compensation is at least ei15 ther $100 or 25 percent less than the individ16 ual’s weekly benefit amount in the benefit year 

17 referred to in subparagraph (A), 

18 then the State shall determine eligibility for com19 pensation as provided in paragraph (2). 

20 ‘‘(2) For individuals described in paragraph (1), 

21 the State shall determine whether the individual is 

22 to be paid emergency unemployment compensation 

23 or regular compensation for a week of unemploy24 ment using one of the following methods: 


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1 ‘‘(A) The State shall, if permitted by State 

2 law, establish a new benefit year, but defer the 

3 payment of regular compensation with respect 

4 to that new benefit year until exhaustion of all 

5 emergency unemployment compensation payable 

6 with respect to the benefit year referred to in 

7 paragraph (1)(A); 

8 ‘‘(B) The State shall, if permitted by State 

9 law, defer the establishment of a new benefit 

10 year (which uses all the wages and employment 

11 which would have been used to establish a ben12 efit year but for the application of this para13 graph), until exhaustion of all emergency unem14 ployment compensation payable with respect to 

15 the benefit year referred to in paragraph 

16 (1)(A); 

17 ‘‘(C) The State shall pay, if permitted by 

18 State law— 

19 ‘‘(i) regular compensation equal to the 

20 weekly benefit amount established under 

21 the new benefit year, and 

22 ‘‘(ii) emergency unemployment com23 pensation equal to the difference between 

24 that weekly benefit amount and the weekly 


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1 benefit amount for the expired benefit 

2 year; or 

3 ‘‘(D) The State shall determine rights to 

4 emergency unemployment compensation without 

5 regard to any rights to regular compensation if 

6 the individual elects to not file a claim for reg7 ular compensation under the new benefit year.’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 this section shall apply to individuals whose benefit years, 

10 as described in section 4002(g)(1)(B) the Supplemental 

11 Appropriations Act, 2008 (Public Law 110–252; 26 

12 U.S.C. 3304 note), as amended by this section, expire 

13 after the date of enactment of this Act. 

14 SEC. 4. REQUIRING STATES TO NOT REDUCE REGULAR 

15 COMPENSATION IN ORDER TO BE ELIGIBLE 

16 FOR FUNDS UNDER THE EMERGENCY UNEM17 PLOYMENT COMPENSATION PROGRAM. 

18 Section 4001 of the Supplemental Appropriations 

19 Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) 

20 is amended by adding at the end the following new sub21 section: 

22 ‘‘(g) NONREDUCTION RULE.—An agreement under 

23 this section shall not apply (or shall cease to apply) with 

24 respect to a State upon a determination by the Secretary 

25 that the method governing the computation of regular 


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1 compensation under the State law of that State has been 

2 modified in a manner such that— 

3 ‘‘(1) the average weekly benefit amount of reg4 ular compensation which will be payable during the 

5 period of the agreement occurring on or after June 

6 2, 2010 (determined disregarding any additional 

7 amounts attributable to the modification described 

8 in section 2002(b)(1) of the Assistance for Unem9 ployed Workers and Struggling Families Act, as con10 tained in Public Law 111–5 (26 U.S.C. 3304 note; 

11 123 Stat. 438)), will be less than 

12 ‘‘(2) the average weekly benefit amount of reg13 ular compensation which would otherwise have been 

14 payable during such period under the State law, as 

15 in effect on June 2, 2010.’’. 

16 SEC. 5. PROCEDURES. 

17 Section 4001 of the Supplemental Appropriations 

18 Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note), 

19 as amended by section 4, is amended by adding at the 

20 end the following new subsection: 

21 ‘‘(h) PROCEDURES.—Any State with an agreement 

22 under this Act shall implement reasonable procedures to— 

23 ‘‘(1) ensure that benefits under this Act are not 

24 provided to any person who appears on any current 


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1 list of known or suspected terrorists provided to the 

2 State by any government agency; 

3 ‘‘(2) ensure that benefits under this Act are not 

4 provided to any individual convicted of a sex offense 

5 against a minor (as such terms are defined in sec6 tion 111 of the Sex Offender Registration and Noti7 fication Act (42 U.S.C. 16911)); and 

8 ‘‘(3) ensure that the State is enforcing require9 ments under subsection (f) of this section to bar un10 authorized aliens from receiving emergency unem11 ployment compensation under this Act.’’. 

12 SEC. 6. BUDGETARY PROVISIONS. 

13 (a) STATUTORY PAYGO.—The budgetary effects of 

14 this Act, for the purpose of complying with the Statutory 

15 Pay-As-You-Go Act of 2010, shall be determined by ref16 erence to the latest statement titled ‘Budgetary Effects 

17 of PAYGO Legislation’ for this Act, submitted for print18 ing in the Congressional Record by the Chairman of the 

19 House Budget Committee, provided that such statement 

20 has been submitted prior to the vote on passage. 

21 (b) EMERGENCY DESIGNATIONS.—Sections 2 and 

22 3— 

23 (1) are designated as an emergency require24 ment pursuant to section 4(g) of the Statutory PayVerDate Mar 15 2010 23:33 Jul 14, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5618.PCS H5618

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1 As-You-Go Act of 2010 (Public Law 111–139; 2 

2 U.S.C. 933(g)); 

3 (2) in the House of Representatives, are des4 ignated as an emergency for purposes of pay-as-you5 go principles; and 

6 (3) in the Senate, are designated as an emer7 gency requirement pursuant to section 403(a) of S. 

8 Con. Res. 13 (111th Congress), the concurrent reso9 lution on the budget for fiscal year 2010. 

Passed the House of Representatives July 1, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 459 

111TH CONGRESS 

2D SESSION H. R. 5618 

AN ACT 

To continue Federal unemployment programs. 

JULY 14, 2010 

Read the second time and placed on the calendar 


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