Restoration of Emergency Unemployment Compensation Act of 2010 - (Sec. 2) Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the final date for entering a federal-state agreement under the Emergency Unemployment Compensation (EUC) program through November 30, 2010. Postpones the termination of the program until April 30, 2011.
Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until December 1, 2010, requirements that federal payments to states cover 100% of EUC.
Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and April 30, 2011, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.)
(Sec. 3) Amends the Supplemental Appropriations Act, 2008 to apply to claims for EUC payments the terms and conditions of state unemployment compensation law relating to availability of work, active search for work, and refusal to accept work.Requires a state to determine whether an individual is to be paid EUC or regular compensation for a week of unemployment by using one of four specified methods if: (1) an individual has been determined to be entitled to EUC for a benefit year; (2) that benefit year has expired; and (3) such individual has remaining entitlement to EUC for that benefit year, and would qualify for a new benefit year in which the weekly benefit amount of regular compensation is at least either $100 or 25% less than the individual's weekly benefit amount in such benefit year.
(Sec. 4) Declares that federal-state agreements under which the state agency makes EUC payments to certain individuals shall not apply (or shall cease to apply) with respect to a state whose method for computing regular compensation under such state's law has been modified in a manner that reduces the average weekly benefit amount of regular compensation payable on or after June 2, 2010, to less than the average weekly benefit amount of regular compensation otherwise payable under the state law as in effect on such date. (Thus prohibits states from reducing regular compensation in order to be eligible for federal funds under the EUC program.)
(Sec. 5) Requires any state with an EUC agreement under the Supplemental Appropriations Act, 2008 to implement reasonable procedures to ensure that: (1) EUC benefits are not provided to persons who appear on any current list of known or suspected terrorists provided to the state by any government agency; (2) such benefits are not provided to individuals convicted of a sex offense against a minor; and (3) the state is enforcing requirements under the Act to bar unauthorized aliens from receiving EUC under this Act.
(Sec. 6) Designates Sec. 2 and Sec. 3 as an emergency in the House of Representatives pursuant to the Statutory Pay-As-You-Go Act of 2010 and in the Senate as an emergency requirement.
[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>
Considered under the provisions of rule H. Res. 1495. (consideration: CR H5321-5327)
Rule provides for consideration of H.R. 5618 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments. The resolution waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI. The amendment printed in this report shall be considered as adopted. The resolution waives all points of order against the bill, as amended.
DEBATE - The House proceeded with one hour of debate on H.R. 5618.
The previous question was ordered pursuant to the rule. (consideration: CR H5327)
POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule XIX, the Chair announced that further consideration of H.R. 5618 would be postponed.
Pursuant to clause 1 of Rule XIX, the House continued with further proceedings on H.R. 5618.
Considered as unfinished business. (consideration: CR H5327-5330)
Mr. Camp moved to recommit with instructions to Ways and Means. (consideration: CR H5327-5328; text: CR H5327-5328)
DEBATE - The House proceeded with 10 minutes of debate on the motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House with an amendment to use stimulus funds to offset spending in the bill.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Mr. Levin raised a point of order against the motion to recommit with instructions. Sustained by the Chair.
Point of order sustained against the motion to recommit with instructions.
Mr. Camp appealed the ruling of the chair. The question was then put on sustaining the ruling of the chair.
Mr. Levin moved to table the motion to appeal the ruling of the chair
On motion to table the appeal of the ruling of the chair Agreed to by recorded vote: 220 - 196 (Roll no. 422).
Roll Call #422 (House)Passed/agreed to in House: On passage Passed by recorded vote: 270 - 153 (Roll no. 423).(text: CR H5321)
Roll Call #423 (House)On passage Passed by recorded vote: 270 - 153 (Roll no. 423). (text: CR H5321)
Roll Call #423 (House)Motion to reconsider laid on the table Agreed to without objection.
Under clause 10(c)(3) of rule XXI, the Chair announced that the presiding officer was supposed to have put the question of consideration on H.R. 5618 but omitted to do so. That omission has been overtaken by the subsequent actions on the bill.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 459.