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‘‘(1) If— 
‘‘(A) an individual has been determined to 
be entitled to emergency unemployment com-
pensation with respect to a benefit year, 
‘‘(B) that benefit year has expired, 
‘‘(C) that individual has remaining entitle-
ment 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 re-
ferred to in subparagraph (A), 
then the State shall determine eligibility for com-
pensation 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
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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 com-
pensation 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 com-
pensation 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
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the individual elects to not file a claim for reg-
ular 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 Appro-
priations 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 UNEM-
PLOYMENT COMPENSATION PROGRAM. 
Section 4001 of the Supplemental Appropriations Act, 
2008 (Public Law 110–252; 26 U.S.C. 3304 note) is amend-
ed 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 reg-
ular compensation which will be payable during the 
period of the agreement occurring on or after June 2, 
2010 
(determined 
disregarding 
any 
additional
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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 reg-
ular 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, jointly submitted for printing in 
the Congressional Record by the Chairmen of the House and 
Senate Budget Committees, provided that such statement 
has been submitted prior to the vote on passage in the House 
acting first on this conference report or amendment between 
the Houses. 
(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));
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(2) in the House of Representatives, are des-
ignated as an emergency for purposes of pay-as-you- 
go principles; and 
(3) in the Senate, are designated as an emer-
gency requirement pursuant to section 403(a) of S. 
Con. Res. 13 (111th Congress), the concurrent resolu-
tion on the budget for fiscal year 2010. 
Attest: 
Secretary.
111TH CONGRESS 
2D SESSION 
H.R. 4213 
SENATE AMENDMENT TO 
HOUSE AMENDMENT TO 
SENATE AMENDMENT