    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-144
    111th Congress

    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

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    (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

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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 <>  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

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    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

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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) <> , 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,

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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 <>  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.