HR 5618 EHPCSCommentsClose CommentsPermalink

To continue Federal unemployment programs.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Restoration of Emergency Unemployment Compensation Act of 2010’.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(A) by striking ‘June 2, 2010’ each place it appears and inserting ‘November 30, 2010’;CommentsClose CommentsPermalink





(B) in the heading for subsection (b)(2), by striking ‘JUNE 2, 2010’ and inserting ‘NOVEMBER 30, 2010’; andCommentsClose CommentsPermalink





(C) in subsection (b)(3), by striking ‘November 6, 2010’ and inserting ‘April 30, 2011’.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) by striking ‘June 2, 2010’ each place it appears and inserting ‘December 1, 2010’; andCommentsClose CommentsPermalink





(B) in subsection (c), by striking ‘November 6, 2010’ and inserting ‘May 1, 2011’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(b) Funding- Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (D), by striking ‘and’ at the end; andCommentsClose CommentsPermalink





(2) by inserting after subparagraph (E) the following:CommentsClose CommentsPermalink





‘(F) the amendments made by section 2(a)(1) of the Restoration of Emergency Unemployment Compensation Act of 2010; and’.CommentsClose CommentsPermalink





(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)’.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(g) Coordination of Emergency Unemployment Compensation With Regular Compensation-CommentsClose CommentsPermalink





‘(1) If--CommentsClose CommentsPermalink





‘(A) an individual has been determined to be entitled to emergency unemployment compensation with respect to a benefit year,CommentsClose CommentsPermalink





‘(B) that benefit year has expired,CommentsClose CommentsPermalink





‘(C) that individual has remaining entitlement to emergency unemployment compensation with respect to that benefit year, andCommentsClose CommentsPermalink





‘(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),CommentsClose CommentsPermalink





then the State shall determine eligibility for compensation as provided in paragraph (2).CommentsClose CommentsPermalink





‘(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:CommentsClose CommentsPermalink





‘(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);CommentsClose CommentsPermalink





‘(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);CommentsClose CommentsPermalink





‘(C) The State shall pay, if permitted by State law--CommentsClose CommentsPermalink





‘(i) regular compensation equal to the weekly benefit amount established under the new benefit year, andCommentsClose CommentsPermalink





‘(ii) emergency unemployment compensation equal to the difference between that weekly benefit amount and the weekly benefit amount for the expired benefit year; orCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(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 thanCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 5. PROCEDURES.

Section 4001 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by section 4, is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(h) Procedures- Any State with an agreement under this Act shall implement reasonable procedures to--CommentsClose CommentsPermalink





‘(1) ensure that benefits under this Act are not provided to any person who appears on any current list of known or suspected terrorists provided to the State by any government agency;CommentsClose CommentsPermalink





‘(2) ensure that benefits under this Act are not provided to any individual convicted of a sex offense against a minor (as such terms are defined in section 111 of the Sex Offender Registration and Notification Act (42 U.S.C. 16911)); andCommentsClose CommentsPermalink





‘(3) ensure that the State is enforcing requirements under subsection (f) of this section to bar unauthorized aliens from receiving emergency unemployment compensation under this Act.’.CommentsClose CommentsPermalink

SEC. 6. 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.CommentsClose CommentsPermalink





(b) Emergency Designations- Sections 2 and 3--CommentsClose CommentsPermalink





(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));CommentsClose CommentsPermalink





(2) in the House of Representatives, are designated as an emergency for purposes of pay-as-you-go principles; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

Passed the House of Representatives July 1, 2010.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

To continue Federal unemployment programs.CommentsClose CommentsPermalink