[111th Congress Public Law 144]
[From the U.S. Government Printing Office]
[[Page 41]]
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
[[Page 124 STAT. 44]]
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
[[Page 124 STAT. 45]]
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
[[Page 124 STAT. 46]]
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,
[[Page 124 STAT. 47]]
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
[[Page 124 STAT. 48]]
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:
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CONGRESSIONAL RECORD, Vol. 156 (2010):
Feb. 25, considered and passed House.
Mar. 2, considered and passed Senate.
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