1.This Act may be cited as the
Temporary Extension Act of
2010
.
2.Extension of
unemployment insurance provisions
(a)(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)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
.
3.Extension and
improvement of premium assistance for COBRA benefits
(a)Extension of
eligibility periodSubsection (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
hoursSubsection (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)
(i)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 eventIn 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)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)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)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 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 interpretationSubsection (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 assistanceSubsection (a)(2)(A)(ii)(I) of such section
is amended by striking of the first month
.
(4)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 terminationFor 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)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.
4.Extension of
surface transportation programs
(a)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)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.
5.Increase in the
Medicare physician payment updateParagraph (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
.
6.Extension of
Medicare therapy caps exceptions processSection 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
.
7.Extension of use
of 2009 poverty guidelinesSection 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
.
8.Extension of
national flood insurance programSection 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.
.
9.Extension of
small business loan guarantee program
(a)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)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 1974.10.Satellite Television
Extension
(a)Amendments to
section 119 of title 17, United States Code
(1)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)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 1934Section 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
.
11.Determination of
budgetary effects
(a)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 EnforcementThis 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 PAYGOThis 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.
Lorraine C. Miller,
Clerk
March 1, 2010
Read the second time and placed on the
calendar