[111th Congress Public Law 144]
[From the U.S. Government Printing Office]



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                     TEMPORARY EXTENSION ACT OF 2010

[[Page 124 STAT. 42]]

Public Law 111-144
111th Congress

                                 An Act


 
  To provide a temporary extension of certain programs, and for other 
            purposes. <<NOTE: Mar. 2, 2010 -  [H.R. 4691]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Temporary 
Extension Act of 2010.>> 
SECTION 1. <<NOTE: 26 USC 1 note.>> 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

[[Page 124 STAT. 43]]

            (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) <<NOTE: 26 USC 6432 note.>> 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) <<NOTE: Applicability.>>  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) <<NOTE: Time period.>>  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. <<NOTE: Applicability.>>  Rules

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                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 <<NOTE: 26 USC 35.>>  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 <<NOTE: 26 USC 
                139C.>> is amended by striking ``section 3002 of the 
                Health Insurance Assistance for the Unemployed Act of 
                2009'' and inserting ``section 3001 of

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                title III of division B of the American Recovery and 
                Reinvestment Act of 2009''.
                    (C) Section 6432 of such Code <<NOTE: 26 USC 
                6432.>>  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 <<NOTE: 26 USC 6720C.>>  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) <<NOTE: 26 USC 6432 note.>>  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) <<NOTE: Applicability.>>  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

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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) <<NOTE: 42 USC 1395w-4.>> , 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)) <<NOTE: 42 USC 1395l.>>  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) <<NOTE: 123 Stat. 3474.>>  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, <<NOTE: 123 Stat. 2047.>>  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,

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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 <<NOTE: 17 USC 119 note.>>  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

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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)).

    Approved March 2, 2010.

LEGISLATIVE HISTORY--H.R. 4691:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 156 (2010):
            Feb. 25, considered and passed House.
            Mar. 2, considered and passed Senate.

                                  <all>