[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4691 Enrolled Bill (ENR)]

        H.R.4691

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 An Act


 
  To provide a temporary extension of certain programs, and for other 
                                purposes.

    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 ``Temporary Extension 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 ``February 28, 2010'' each place it appears and 
    inserting ``April 5, 2010'';
        (B) in the heading for subsection (b)(2), by striking 
    ``february 28, 2010'' and inserting ``april 5, 2010''; and
        (C) in subsection (b)(3), by striking ``July 31, 2010'' and 
    inserting ``September 4, 2010''.
    (2) Section 2002(e) 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), is amended--
        (A) in paragraph (1)(B), by striking ``February 28, 2010'' and 
    inserting ``April 5, 2010'';
        (B) in the heading for paragraph (2), by striking ``february 
    28, 2010'' and inserting ``april 5, 2010''; and
        (C) in paragraph (3), by striking ``August 31, 2010'' and 
    inserting ``October 5, 2010''.
    (3) 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 ``February 28, 2010'' each place it appears and 
    inserting ``April 5, 2010''; and
        (B) in subsection (c), by striking ``July 31, 2010'' and 
    inserting ``September 4, 2010''.
    (4) Section 5 of the Unemployment Compensation Extension Act of 
2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking 
``July 31, 2010'' and inserting ``September 4, 2010''.
    (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 (B), by striking ``and'' at the end;
        (2) in subparagraph (C), by striking ``1009'' and inserting 
    ``1009(a)(1)''; and
        (3) by inserting after subparagraph (C) the following new 
    subparagraph:
            ``(D) the amendments made by section 2(a)(1) of the 
        Temporary Extension Act of 2010; and''.
SEC. 3. EXTENSION AND IMPROVEMENT OF PREMIUM ASSISTANCE FOR COBRA 
BENEFITS.
    (a) Extension of Eligibility Period.--Subsection (a)(3)(A) of 
section 3001 of division B of the American Recovery and Reinvestment 
Act of 2009 (Public Law 111-5) is amended by striking ``February 28, 
2010'' and inserting ``March 31, 2010''.
    (b) Clarifications Relating to Section 3001 of ARRA.--
        (1) Clarification regarding cobra continuation resulting from 
    reductions in hours.--Subsection (a) of section 3001 of division B 
    of the American Recovery and Reinvestment Act of 2009 (Public Law 
    111-5) is amended--
            (A) in paragraph (3)(C), by inserting before the period at 
        the end the following: ``or consists of a reduction of hours 
        followed by such an involuntary termination of employment 
        during such period (as described in paragraph (17)(C))''; and
            (B) by adding at the end the following:
        ``(17) Special rules in case of individuals losing coverage 
    because of a reduction of hours.--
            ``(A) New election period.--
                ``(i) In general.--For the purposes of the COBRA 
            continuation provisions, in the case of an individual 
            described in subparagraph (C) who did not make (or who made 
            and discontinued) an election of COBRA continuation 
            coverage on the basis of the reduction of hours of 
            employment, the involuntary termination of employment of 
            such individual on or after the date of the enactment of 
            this paragraph shall be treated as a qualifying event.
                ``(ii) Counting cobra duration period from previous 
            qualifying event.--In any case of an individual referred to 
            in clause (i), the period of such individual's continuation 
            coverage shall be determined as though the qualifying event 
            were the reduction of hours of employment.
                ``(iii) Construction.--Nothing in this paragraph shall 
            be construed as requiring an individual referred to in 
            clause (i) to make a payment for COBRA continuation 
            coverage between the reduction of hours and the involuntary 
            termination of employment.
                ``(iv) Preexisting conditions.--With respect to an 
            individual referred to in clause (i) who elects COBRA 
            continuation coverage pursuant to such clause, rules 
            similar to the rules in paragraph (4)(C) shall apply.
            ``(B) Notices.--In the case of an individual described in 
        subparagraph (C), the administrator of the group health plan 
        (or other entity) involved shall provide, during the 60-day 
        period beginning on the date of such individual's involuntary 
        termination of employment, an additional notification described 
        in paragraph (7)(A), including information on the provisions of 
        this paragraph. Rules similar to the rules of paragraph (7) 
        shall apply with respect to such notification.
            ``(C) Individuals described.--Individuals described in this 
        subparagraph are individuals who are assistance eligible 
        individuals on the basis of a qualifying event consisting of a 
        reduction of hours occurring during the period described in 
        paragraph (3)(A) followed by an involuntary termination of 
        employment insofar as such involuntary termination of 
        employment occurred on or after the date of the enactment of 
        this paragraph.''.
        (2) Codification of current interpretation.--Subsection (a)(16) 
    of such section is amended--
            (A) by striking clause (ii) of subparagraph (A) and 
        inserting the following:
                ``(ii) such individual pays, the amount of such 
            premium, after the application of paragraph (1)(A), by the 
            latest of--

                    ``(I) 60 days after the date of the enactment of 
                this paragraph,
                    ``(II) 30 days after the date of provision of the 
                notification required under subparagraph (D)(ii), or
                    ``(III) the end of the period described in section 
                4980B(f)(2)(B)(iii) of the Internal Revenue Code of 
                1986.''; and

            (B) by striking subclause (I) of subparagraph (C)(i), and 
        inserting the following:

                    ``(I) such assistance eligible individual 
                experienced an involuntary termination that was a 
                qualifying event prior to the date of enactment of the 
                Department of Defense Appropriations Act, 2010; and''.

        (3) Clarification of period of assistance.--Subsection 
    (a)(2)(A)(ii)(I) of such section is amended by striking ``of the 
    first month''.
        (4) Enforcement.--Subsection (a)(5) of such section is amended 
    by adding at the end the following: ``In addition to civil actions 
    that may be brought to enforce applicable provisions of such Act or 
    other laws, the appropriate Secretary or an affected individual may 
    bring a civil action to enforce such determinations and for 
    appropriate relief. In addition, such Secretary may assess a 
    penalty against a plan sponsor or health insurance issuer of not 
    more than $110 per day for each failure to comply with such 
    determination of such Secretary after 10 days after the date of the 
    plan sponsor's or issuer's receipt of the determination.''.
        (5) Amendments relating to section 3001 of arra.--
            (A) Subsection (g)(9) of section 35 of the Internal Revenue 
        Code of 1986 is amended by striking ``section 3002(a) of the 
        Health Insurance Assistance for the Unemployed Act of 2009'' 
        and inserting ``section 3001(a) of title III of division B of 
        the American Recovery and Reinvestment Act of 2009''.
            (B) Section 139C of such Code is amended by striking 
        ``section 3002 of the Health Insurance Assistance for the 
        Unemployed Act of 2009'' and inserting ``section 3001 of title 
        III of division B of the American Recovery and Reinvestment Act 
        of 2009''.
            (C) Section 6432 of such Code is amended--
                (i) in subsection (a), by striking ``section 3002(a) of 
            the Health Insurance Assistance for the Unemployed Act of 
            2009'' and inserting ``section 3001(a) of title III of 
            division B of the American Recovery and Reinvestment Act of 
            2009'';
                (ii) in subsection (c)(3), by striking ``section 
            3002(a)(1)(A) of such Act'' and inserting ``section 
            3001(a)(1)(A) of title III of division B of the American 
            Recovery and Reinvestment Act of 2009''; and
                (iii) by redesignating subsections (e) and (f) as 
            subsections (f) and (g), respectively, and inserting after 
            subsection (d) the following new subsection:
    ``(e) Employer Determination of Qualifying Event as Involuntary 
Termination.--For purposes of this section, in any case in which--
        ``(1) based on a reasonable interpretation of section 
    3001(a)(3)(C) of division B of the American Recovery and 
    Reinvestment Act of 2009 and administrative guidance thereunder, an 
    employer determines that the qualifying event with respect to COBRA 
    continuation coverage for an individual was involuntary termination 
    of a covered employee's employment, and
        ``(2) the employer maintains supporting documentation of the 
    determination, including an attestation by the employer of 
    involuntary termination with respect to the covered employee,
the qualifying event for the individual shall be deemed to be 
involuntary termination of the covered employee's employment.''.
            (D) Subsection (a) of section 6720C of such Code is amended 
        by striking ``section 3002(a)(2)(C) of the Health Insurance 
        Assistance for the Unemployed Act of 2009'' and inserting 
        ``section 3001(a)(2)(C) of title III of division B of the 
        American Recovery and Reinvestment Act of 2009''.
    (c) Effective Date.--The amendments made by this section shall take 
effect as if included in the provisions of section 3001 of division B 
of the American Recovery and Reinvestment Act of 2009 to which they 
relate, except that--
        (1) the amendments made by subsection (b)(1) shall apply to 
    periods of coverage beginning after the date of the enactment of 
    this Act;
        (2) the amendments made by subsection (b)(2) shall take effect 
    as if included in the amendments made by section 1010 of division B 
    of the Department of Defense Appropriations Act, 2010; and
        (3) the amendments made by subsections (b)(3) and (b)(4) shall 
    take effect on the date of the enactment of this Act.
SEC. 4. EXTENSION OF SURFACE TRANSPORTATION PROGRAMS.
    (a) In General.--Except as provided in subsection (b), for purposes 
of the continued extension of surface transportation programs and 
related authority to make expenditures from the Highway Trust Fund and 
other trust funds under sections 157 through 162 of the Continuing 
Appropriations Resolution, 2010 (Public Law 111-68; 123 Stat. 2050), 
the date specified in section 106(3) of that resolution (Public Law 
111-68; 123 Stat. 2045) shall be deemed to be March 28, 2010.
    (b) Exception.--Subsection (a) shall not apply if an extension of 
the programs and authorities described in that subsection for a longer 
term than the extension contained in the Continuing Appropriations 
Resolution, 2010 (Public Law 111-68; 123 Stat. 2050), is enacted before 
the date of enactment of this Act.
SEC. 5. INCREASE IN THE MEDICARE PHYSICIAN PAYMENT UPDATE.
    Paragraph (10) of section 1848(d) of the Social Security Act, as 
added by section 1011(a) of the Department of Defense Appropriations 
Act, 2010 (Public Law 111-118), is amended--
        (1) in subparagraph (A), by striking ``February 28, 2010'' and 
    inserting ``March 31, 2010''; and
        (2) in subparagraph (B), by striking ``March 1, 2010'' and 
    inserting ``April 1, 2010''.
SEC. 6. EXTENSION OF MEDICARE THERAPY CAPS EXCEPTIONS PROCESS.
    Section 1833(g)(5) of the Social Security Act (42 U.S.C. 
1395l(g)(5)) is amended by striking ``December 31, 2009'' and inserting 
``March 31, 2010''.
SEC. 7. EXTENSION OF USE OF 2009 POVERTY GUIDELINES.
    Section 1012 of the Department of Defense Appropriations Act, 2010 
(Public Law 111-118) is amended by striking ``March 1, 2010'' and 
inserting ``March 31, 2010''.
SEC. 8. EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM.
    Section 129 of the Continuing Appropriations Resolution, 2010 
(Public Law 111-68), as amended by section 1005 of Public Law 111-118, 
is further amended by striking ``by substituting'' and all that follows 
through the period at the end, and inserting ``by substituting March 
28, 2010, for the date specified in each such section.''.
SEC. 9. EXTENSION OF SMALL BUSINESS LOAN GUARANTEE PROGRAM.
    (a) In General.--Section 502(f) of division A of the American 
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 153) 
is amended by striking ``February 28, 2010'' and inserting ``March 28, 
2010''.
    (b) Appropriation.--There is appropriated, out of any funds in the 
Treasury not otherwise appropriated, for an additional amount for 
``Small Business Administration - Business Loans Program Account'', 
$60,000,000, to remain available through March 28, 2010, for the cost 
of--
        (1) fee reductions and eliminations under section 501 of 
    division A of the American Recovery and Reinvestment Act of 2009 
    (Public Law 111-5; 123 Stat. 151) for loans guaranteed under 
    section 7(a) of the Small Business Act (15 U.S.C. 636(a)), title V 
    of the Small Business Investment Act of 1958 (15 U.S.C. 695 et 
    seq.), or section 502 of division A of the American Recovery and 
    Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 152), as 
    amended by this section; and
        (2) loan guarantees under section 502 of division A of the 
    American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 
    123 Stat. 152), as amended by this section,
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974.
  SEC. 10. SATELLITE TELEVISION EXTENSION.
    (a) Amendments to Section 119 of Title 17, United States Code.--
        (1) In general.--Section 119 of title 17, United States Code, 
    is amended--
            (A) in subsection (c)(1)(E), by striking ``February 28, 
        2010'' and inserting ``March 28, 2010''; and
            (B) in subsection (e), by striking ``February 28, 2010'' 
        and inserting ``March 28, 2010''.
        (2) Termination of license.--Section 1003(a)(2)(A) of Public 
    Law 111-118 is amended by striking ``February 28, 2010'', and 
    inserting ``March 28, 2010''.
    (b) Amendments to Communications Act of 1934.--Section 325(b) of 
the Communications Act of 1934 (47 U.S.C. 325(b)) is amended--
        (1) in paragraph (2)(C), by striking ``February 28, 2010'' and 
    inserting ``March 28, 2010''; and
        (2) in paragraph (3)(C), by striking ``March 1, 2010'' each 
    place it appears in clauses (ii) and (iii) and inserting ``March 
    29, 2010''.
  SEC. 11. DETERMINATION OF BUDGETARY EFFECTS.
    (a) In General.--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 Committee on the Budget 
of the House of Representatives, provided that such statement has been 
submitted prior to the vote on passage.
    (b) Emergency Designation for Congressional Enforcement.--This Act, 
with the exception of section 5, is designated as an emergency for 
purposes of pay-as-you-go principles. In the Senate, this Act is 
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.
    (c) Emergency Designation for Statutory PAYGO.--This Act, with the 
exception of section 5, is 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)).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.