[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4691 Placed on Calendar Senate (PCS)]
Calendar No. 278
111th CONGRESS
2d Session
H. R. 4691
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 25, 2010
Received
February 26, 2010
Read the first time
March 1, 2010
Read the second time and placed on the calendar
_______________________________________________________________________
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)).
Passed the House of Representatives February 25, 2010.
Attest:
LORRAINE C. MILLER,
Clerk.
Calendar No. 278
111th CONGRESS
2d Session
H. R. 4691
_______________________________________________________________________
AN ACT
To provide a temporary extension of certain programs, and for other
purposes.
_______________________________________________________________________
March 1, 2010
Read the second time and placed on the calendar