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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5618 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5618

               To continue Federal unemployment programs.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2010

  Mr. McDermott (for himself and Mr. Levin) introduced the following 
  bill; which was referred to the Committee on Ways and Means, and in 
      addition to the Committee on the Budget, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL

 
               To continue Federal unemployment programs.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restoration of Emergency 
Unemployment Compensation Act of 2010''.

SEC. 2. EXTENSION OF UNEMPLOYMENT INSURANCE PROVISIONS.

    (a) In General.--(1) Section 4007 of the Supplemental 
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is 
amended--
            (A) by striking ``June 2, 2010'' each place it appears and 
        inserting ``November 30, 2010'';
            (B) in the heading for subsection (b)(2), by striking 
        ``june 2, 2010'' and inserting ``november 30, 2010''; and
            (C) in subsection (b)(3), by striking ``November 6, 2010'' 
        and inserting ``April 30, 2011''.
    (2) Section 2005 of the Assistance for Unemployed Workers and 
Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 
3304 note; 123 Stat. 444), is amended--
            (A) by striking ``June 2, 2010'' each place it appears and 
        inserting ``December 1, 2010''; and
            (B) in subsection (c), by striking ``November 6, 2010'' and 
        inserting ``May 1, 2011''.
    (3) Section 5 of the Unemployment Compensation Extension Act of 
2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking 
``November 6, 2010'' and inserting ``April 30, 2011''.
    (b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations 
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
            (1) in subparagraph (D), by striking ``and'' at the end; 
        and
            (2) by inserting after subparagraph (E) the following:
                    ``(F) the amendments made by section 2(a)(1) of the 
                Restoration of Emergency Unemployment Compensation Act 
                of 2010; and''.
    (c) Conditions for Receiving Emergency Unemployment Compensation.--
Section 4001(d)(2) of the Supplemental Appropriations Act, 2008 (Public 
Law 110-252; 26 U.S.C. 3304 note) is amended, in the matter preceding 
subparagraph (A), by inserting before ``shall apply'' the following: 
``(including terms and conditions relating to availability for work, 
active search for work, and refusal to accept work)''.
    (d) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of the Continuing Extension Act 
of 2010 (Public Law 111-157).

SEC. 3. COORDINATION OF EMERGENCY UNEMPLOYMENT COMPENSATION WITH 
              REGULAR COMPENSATION.

    (a) Certain Individuals Not Ineligible by Reason of New Entitlement 
to Regular Benefits.--Section 4002 of the Supplemental Appropriations 
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by 
adding at the end the following:
    ``(g) Coordination of Emergency Unemployment Compensation With 
Regular Compensation.--
            ``(1) If--
                    ``(A) an individual has been determined to be 
                entitled to emergency unemployment compensation with 
                respect to a benefit year,
                    ``(B) that benefit year has expired,
                    ``(C) that individual has remaining entitlement to 
                emergency unemployment compensation with respect to 
                that benefit year, and
                    ``(D) that individual would qualify for a new 
                benefit year in which the weekly benefit amount of 
                regular compensation is at least either $100 or 25 
                percent less than the individual's weekly benefit 
                amount in the benefit year referred to in subparagraph 
                (A),
        then the State shall determine eligibility for compensation as 
        provided in paragraph (2).
            ``(2) For individuals described in paragraph (1), the State 
        shall determine whether the individual is to be paid emergency 
        unemployment compensation or regular compensation for a week of 
        unemployment using one of the following methods:
                    ``(A) The State shall, if permitted by State law, 
                establish a new benefit year, but defer the payment of 
                regular compensation with respect to that new benefit 
                year until exhaustion of all emergency unemployment 
                compensation payable with respect to the benefit year 
                referred to in paragraph (1)(A);
                    ``(B) The State shall, if permitted by State law, 
                defer the establishment of a new benefit year (which 
                uses all the wages and employment which would have been 
                used to establish a benefit year but for the 
                application of this paragraph), until exhaustion of all 
                emergency unemployment compensation payable with 
                respect to the benefit year referred to in paragraph 
                (1)(A);
                    ``(C) The State shall pay, if permitted by State 
                law--
                            ``(i) regular compensation equal to the 
                        weekly benefit amount established under the new 
                        benefit year, and
                            ``(ii) emergency unemployment compensation 
                        equal to the difference between that weekly 
                        benefit amount and the weekly benefit amount 
                        for the expired benefit year; or
                    ``(D) The State shall determine rights to emergency 
                unemployment compensation without regard to any rights 
                to regular compensation if the individual elects to not 
                file a claim for regular compensation under the new 
                benefit year.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to individuals whose benefit years, as described in section 
4002(g)(1)(B) the Supplemental Appropriations Act, 2008 (Public Law 
110-252; 26 U.S.C. 3304 note), as amended by this section, expire after 
the date of enactment of this Act.

SEC. 4. REQUIRING STATES TO NOT REDUCE REGULAR COMPENSATION IN ORDER TO 
              BE ELIGIBLE FOR FUNDS UNDER THE EMERGENCY UNEMPLOYMENT 
              COMPENSATION PROGRAM.

    Section 4001 of the Supplemental Appropriations Act, 2008 (Public 
Law 110-252; 26 U.S.C. 3304 note) is amended by adding at the end the 
following new subsection:
    ``(g) Nonreduction Rule.--An agreement under this section shall not 
apply (or shall cease to apply) with respect to a State upon a 
determination by the Secretary that the method governing the 
computation of regular compensation under the State law of that State 
has been modified in a manner such that--
            ``(1) the average weekly benefit amount of regular 
        compensation which will be payable during the period of the 
        agreement occurring on or after June 2, 2010 (determined 
        disregarding any additional amounts attributable to the 
        modification described in section 2002(b)(1) of the Assistance 
        for Unemployed Workers and Struggling Families Act, as 
        contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 
        438)), will be less than
            ``(2) the average weekly benefit amount of regular 
        compensation which would otherwise have been payable during 
        such period under the State law, as in effect on June 2, 
        2010.''.

SEC. 5. BUDGETARY PROVISIONS.

    (a) Statutory PAYGO.--The budgetary effects of this Act, for the 
purpose of complying with the Statutory Pay-As-You-Go Act of 2010, 
shall be determined by reference to the latest statement titled 
`Budgetary Effects of PAYGO Legislation' for this Act, submitted for 
printing in the Congressional Record by the Chairman of the House 
Budget Committee, provided that such statement has been submitted prior 
to the vote on passage.
    (b) Emergency Designations.--Sections 2 and 3--
            (1) are designated as an emergency requirement pursuant to 
        section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public 
        Law 111-139; 2 U.S.C. 933(g));
            (2) in the House of Representatives, are designated as an 
        emergency for purposes of pay-as-you-go principles; and
            (3) in the Senate, are designated as an emergency 
        requirement pursuant to section 403(a) of S. Con. Res. 13 
        (111th Congress), the concurrent resolution on the budget for 
        fiscal year 2010.
                                 <all>
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