111TH CONGRESS 

2D SESSION H. R. 5618 

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, 
2 

•HR 5618 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Restoration of Emer3 gency Unemployment Compensation Act of 2010’’. 

4 SEC. 2. EXTENSION OF UNEMPLOYMENT INSURANCE PRO5 VISIONS. 

6 (a) IN GENERAL.—(1) Section 4007 of the Supple7 mental Appropriations Act, 2008 (Public Law 110–252; 

8 26 U.S.C. 3304 note) is amended— 

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

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

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

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

13 30, 2010’’; and 

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

15 6, 2010’’ and inserting ‘‘April 30, 2011’’. 

16 (2) Section 2005 of the Assistance for Unemployed 

17 Workers and Struggling Families Act, as contained in 

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

19 is amended— 

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

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

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

23 2010’’ and inserting ‘‘May 1, 2011’’. 

24 (3) Section 5 of the Unemployment Compensation 

25 Extension Act of 2008 (Public Law 110–449; 26 U.S.C. 
3 

•HR 5618 EH

1 3304 note) is amended by striking ‘‘November 6, 2010’’ 

2 and inserting ‘‘April 30, 2011’’. 

3 (b) FUNDING.—Section 4004(e)(1) of the Supple4 mental Appropriations Act, 2008 (Public Law 110–252; 

5 26 U.S.C. 3304 note) is amended— 

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

7 the end; and 

8 (2) by inserting after subparagraph (E) the fol9 lowing: 

10 ‘‘(F) the amendments made by section 

11 2(a)(1) of the Restoration of Emergency Unem12 ployment Compensation Act of 2010; and’’. 

13 (c) CONDITIONS FOR RECEIVING EMERGENCY UNEM14 PLOYMENT COMPENSATION.—Section 4001(d)(2) of the 

15 Supplemental Appropriations Act, 2008 (Public Law 110– 

16 252; 26 U.S.C. 3304 note) is amended, in the matter pre17 ceding subparagraph (A), by inserting before ‘‘shall 

18 apply’’ the following: ‘‘(including terms and conditions re19 lating to availability for work, active search for work, and 

20 refusal to accept work)’’. 

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

22 this section shall take effect as if included in the enact23 ment of the Continuing Extension Act of 2010 (Public 

24 Law 111–157). 
4 

•HR 5618 EH

1 SEC. 3. COORDINATION OF EMERGENCY UNEMPLOYMENT 

2 COMPENSATION WITH REGULAR COMPENSA3 TION. 

4 (a) CERTAIN INDIVIDUALS NOT INELIGIBLE BY REA5 SON OF NEW ENTITLEMENT TO REGULAR BENEFITS.— 

6 Section 4002 of the Supplemental Appropriations Act, 

7 2008 (Public Law 110–252; 26 U.S.C. 3304 note) is 

8 amended by adding at the end the following: 

9 ‘‘(g) COORDINATION OF EMERGENCY UNEMPLOY10 MENT COMPENSATION WITH REGULAR COMPENSA11 TION.— 

12 ‘‘(1) If— 

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

14 be entitled to emergency unemployment com15 pensation with respect to a benefit year, 

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

17 ‘‘(C) that individual has remaining entitle18 ment to emergency unemployment compensa19 tion with respect to that benefit year, and 

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

21 new benefit year in which the weekly benefit 

22 amount of regular compensation is at least ei23 ther $100 or 25 percent less than the individ24 ual’s weekly benefit amount in the benefit year 

25 referred to in subparagraph (A), 
5 

•HR 5618 EH

1 then the State shall determine eligibility for com2 pensation as provided in paragraph (2). 

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

4 the State shall determine whether the individual is 

5 to be paid emergency unemployment compensation 

6 or regular compensation for a week of unemploy7 ment using one of the following methods: 

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

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

10 payment of regular compensation with respect 

11 to that new benefit year until exhaustion of all 

12 emergency unemployment compensation payable 

13 with respect to the benefit year referred to in 

14 paragraph (1)(A); 

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

16 law, defer the establishment of a new benefit 

17 year (which uses all the wages and employment 

18 which would have been used to establish a ben19 efit year but for the application of this para20 graph), until exhaustion of all emergency unem21 ployment compensation payable with respect to 

22 the benefit year referred to in paragraph 

23 (1)(A); 

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

25 State law— 
6 

•HR 5618 EH

1 ‘‘(i) regular compensation equal to the 

2 weekly benefit amount established under 

3 the new benefit year, and 

4 ‘‘(ii) emergency unemployment com5 pensation equal to the difference between 

6 that weekly benefit amount and the weekly 

7 benefit amount for the expired benefit 

8 year; or 

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

10 emergency unemployment compensation without 

11 regard to any rights to regular compensation if 

12 the individual elects to not file a claim for reg13 ular compensation under the new benefit year.’’. 

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

15 this section shall apply to individuals whose benefit years, 

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

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

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

19 after the date of enactment of this Act. 

20 SEC. 4. REQUIRING STATES TO NOT REDUCE REGULAR 

21 COMPENSATION IN ORDER TO BE ELIGIBLE 

22 FOR FUNDS UNDER THE EMERGENCY UNEM23 PLOYMENT COMPENSATION PROGRAM. 

24 Section 4001 of the Supplemental Appropriations 

25 Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) 
7 

•HR 5618 EH

1 is amended by adding at the end the following new sub2 section: 

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

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

5 respect to a State upon a determination by the Secretary 

6 that the method governing the computation of regular 

7 compensation under the State law of that State has been 

8 modified in a manner such that— 

9 ‘‘(1) the average weekly benefit amount of reg10 ular compensation which will be payable during the 

11 period of the agreement occurring on or after June 

12 2, 2010 (determined disregarding any additional 

13 amounts attributable to the modification described 

14 in section 2002(b)(1) of the Assistance for Unem15 ployed Workers and Struggling Families Act, as con16 tained in Public Law 111–5 (26 U.S.C. 3304 note; 

17 123 Stat. 438)), will be less than 

18 ‘‘(2) the average weekly benefit amount of reg19 ular compensation which would otherwise have been 

20 payable during such period under the State law, as 

21 in effect on June 2, 2010.’’. 

22 SEC. 5. PROCEDURES. 

23 Section 4001 of the Supplemental Appropriations 

24 Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note), 
8 

•HR 5618 EH

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

2 end the following new subsection: 

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

4 under this Act shall implement reasonable procedures to— 

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

6 provided to any person who appears on any current 

7 list of known or suspected terrorists provided to the 

8 State by any government agency; 

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

10 provided to any individual convicted of a sex offense 

11 against a minor (as such terms are defined in sec12 tion 111 of the Sex Offender Registration and Noti13 fication Act (42 U.S.C. 16911)); and 

14 ‘‘(3) ensure that the State is enforcing require15 ments under subsection (f) of this section to bar un16 authorized aliens from receiving emergency unem17 ployment compensation under this Act.’’. 

18 SEC. 6. BUDGETARY PROVISIONS. 

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

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

21 Pay-As-You-Go Act of 2010, shall be determined by ref22 erence to the latest statement titled ‘Budgetary Effects 

23 of PAYGO Legislation’ for this Act, submitted for print24 ing in the Congressional Record by the Chairman of the 
9 

•HR 5618 EH

1 House Budget Committee, provided that such statement 

2 has been submitted prior to the vote on passage. 

3 (b) EMERGENCY DESIGNATIONS.—Sections 2 and 

4 3— 

5 (1) are designated as an emergency require6 ment pursuant to section 4(g) of the Statutory Pay7 As-You-Go Act of 2010 (Public Law 111–139; 2 

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

9 (2) in the House of Representatives, are des10 ignated as an emergency for purposes of pay-as-you11 go principles; and 

12 (3) in the Senate, are designated as an emer13 gency requirement pursuant to section 403(a) of S. 

14 Con. Res. 13 (111th Congress), the concurrent reso15 lution on the budget for fiscal year 2010. 

Passed the House of Representatives July 1, 2010. 

Attest: 

Clerk. 
111TH CONGRESS 

2D SESSION H. R. 5618 

AN ACT 

To continue Federal unemployment programs.