II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Temporary Extension 

5 Act of 2010’’. 


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1 SEC. 2. EXTENSION OF UNEMPLOYMENT INSURANCE PRO2 VISIONS. 

3 (a) IN GENERAL.—(1) Section 4007 of the Supple4 mental Appropriations Act, 2008 (Public Law 110–252; 

5 26 U.S.C. 3304 note) is amended— 

6 (A) by striking ‘‘February 28, 2010’’ each place 

7 it appears and inserting ‘‘April 5, 2010’’; 

8 (B) in the heading for subsection (b)(2), by 

9 striking ‘‘FEBRUARY 28, 2010’’ and inserting ‘‘APRIL

10 5, 2010’’; and 

11 (C) in subsection (b)(3), by striking ‘‘July 31, 

12 2010’’ and inserting ‘‘September 4, 2010’’. 

13 (2) Section 2002(e) of the Assistance for Unemployed 

14 Workers and Struggling Families Act, as contained in 

15 Public Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 438), 

16 is amended— 

17 (A) in paragraph (1)(B), by striking ‘‘February 

18 28, 2010’’ and inserting ‘‘April 5, 2010’’; 

19 (B) in the heading for paragraph (2), by strik20 ing ‘‘FEBRUARY 28, 2010’’ and inserting ‘‘APRIL 5, 

21 2010’’; and 

22 (C) in paragraph (3), by striking ‘‘August 31, 

23 2010’’ and inserting ‘‘October 5, 2010’’. 

24 (3) Section 2005 of the Assistance for Unemployed 

25 Workers and Struggling Families Act, as contained in 


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1 Public Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 444), 

2 is amended— 

3 (A) by striking ‘‘February 28, 2010’’ each place 

4 it appears and inserting ‘‘April 5, 2010’’; and 

5 (B) in subsection (c), by striking ‘‘July 31, 

6 2010’’ and inserting ‘‘September 4, 2010’’. 

7 (4) Section 5 of the Unemployment Compensation 

8 Extension Act of 2008 (Public Law 110–449; 26 U.S.C. 

9 3304 note) is amended by striking ‘‘July 31, 2010’’ and 

10 inserting ‘‘September 4, 2010’’. 

11 (b) FUNDING.—Section 4004(e)(1) of the Supple12 mental Appropriations Act, 2008 (Public Law 110–252; 

13 26 U.S.C. 3304 note) is amended— 

14 (1) in subparagraph (B), by striking ‘‘and’’ at 

15 the end; 

16 (2) in subparagraph (C), by striking ‘‘1009’’ 

17 and inserting ‘‘1009(a)(1)’’; and 

18 (3) by inserting after subparagraph (C) the fol19 lowing new subparagraph: 

20 ‘‘(D) the amendments made by section 

21 2(a)(1) of the Temporary Extension Act of 

22 2010; and’’. 


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1 SEC. 3. EXTENSION AND IMPROVEMENT OF PREMIUM AS2 SISTANCE FOR COBRA BENEFITS. 

3 (a) EXTENSION OF ELIGIBILITY PERIOD.—Sub4 section (a)(3)(A) of section 3001 of division B of the 

5 American Recovery and Reinvestment Act of 2009 (Public 

6 Law 111–5) is amended by striking ‘‘February 28, 2010’’ 

7 and inserting ‘‘March 31, 2010’’. 

8 (b) CLARIFICATIONS RELATING TO SECTION 3001 OF

9 ARRA.— 

10 (1) CLARIFICATION REGARDING COBRA CON11 TINUATION RESULTING FROM REDUCTIONS IN

12 HOURS.—Subsection (a) of section 3001 of division 

13 B of the American Recovery and Reinvestment Act 

14 of 2009 (Public Law 111–5) is amended— 

15 (A) in paragraph (3)(C), by inserting be16 fore the period at the end the following: ‘‘or 

17 consists of a reduction of hours followed by 

18 such an involuntary termination of employment 

19 during such period (as described in paragraph 

20 (17)(C))’’; and 

21 (B) by adding at the end the following: 

22 ‘‘(17) SPECIAL RULES IN CASE OF INDIVIDUALS

23 LOSING COVERAGE BECAUSE OF A REDUCTION OF

24 HOURS.— 

25 ‘‘(A) NEW ELECTION PERIOD.— 


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1 ‘‘(i) IN GENERAL.—For the purposes 

2 of the COBRA continuation provisions, in 

3 the case of an individual described in sub4 paragraph (C) who did not make (or who 

5 made and discontinued) an election of 

6 COBRA continuation coverage on the basis 

7 of the reduction of hours of employment, 

8 the involuntary termination of employment 

9 of such individual on or after the date of 

10 the enactment of this paragraph shall be 

11 treated as a qualifying event. 

12 ‘‘(ii) COUNTING COBRA DURATION PE13 RIOD FROM PREVIOUS QUALIFYING

14 EVENT.—In any case of an individual re15 ferred to in clause (i), the period of such 

16 individual’s continuation coverage shall be 

17 determined as though the qualifying event 

18 were the reduction of hours of employ19 ment. 

20 ‘‘(iii) CONSTRUCTION.—Nothing in 

21 this paragraph shall be construed as re22 quiring an individual referred to in clause 

23 (i) to make a payment for COBRA con24 tinuation coverage between the reduction 


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1 of hours and the involuntary termination 

2 of employment. 

3 ‘‘(iv) PREEXISTING CONDITIONS.— 

4 With respect to an individual referred to in 

5 clause (i) who elects COBRA continuation 

6 coverage pursuant to such clause, rules 

7 similar to the rules in paragraph (4)(C) 

8 shall apply. 

9 ‘‘(B) NOTICES.—In the case of an indi10 vidual described in subparagraph (C), the ad11 ministrator of the group health plan (or other 

12 entity) involved shall provide, during the 60-day 

13 period beginning on the date of such individ14 ual’s involuntary termination of employment, an 

15 additional notification described in paragraph 

16 (7)(A), including information on the provisions 

17 of this paragraph. Rules similar to the rules of 

18 paragraph (7) shall apply with respect to such 

19 notification. 

20 ‘‘(C) INDIVIDUALS DESCRIBED.—Individ21 uals described in this subparagraph are individ22 uals who are assistance eligible individuals on 

23 the basis of a qualifying event consisting of a 

24 reduction of hours occurring during the period 

25 described in paragraph (3)(A) followed by an 


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1 involuntary termination of employment insofar 

2 as such involuntary termination of employment 

3 occurred on or after the date of the enactment 

4 of this paragraph.’’. 

5 (2) CODIFICATION OF CURRENT INTERPRETA6 TION.—Subsection (a)(16) of such section is amend7 ed— 

8 (A) by striking clause (ii) of subparagraph 

9 (A) and inserting the following: 

10 ‘‘(ii) such individual pays, the amount 

11 of such premium, after the application of 

12 paragraph (1)(A), by the latest of— 

13 ‘‘(I) 60 days after the date of the 

14 enactment of this paragraph, 

15 ‘‘(II) 30 days after the date of 

16 provision of the notification required 

17 under subparagraph (D)(ii), or 

18 ‘‘(III) the end of the period de19 scribed in section 4980B(f)(2)(B)(iii) 

20 of the Internal Revenue Code of 

21 1986.’’; and 

22 (B) by striking subclause (I) of subpara23 graph (C)(i), and inserting the following: 

24 ‘‘(I) such assistance eligible indi25 vidual experienced an involuntary terVerDate Nov 24 2008 22:34 Mar 01, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4691.PCS H4691

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1 mination that was a qualifying event 

2 prior to the date of enactment of the 

3 Department of Defense Appropria4 tions Act, 2010; and’’. 

5 (3) CLARIFICATION OF PERIOD OF ASSIST6 ANCE.—Subsection (a)(2)(A)(ii)(I) of such section is 

7 amended by striking ‘‘of the first month’’. 

8 (4) ENFORCEMENT.—Subsection (a)(5) of such 

9 section is amended by adding at the end the fol10 lowing: ‘‘In addition to civil actions that may be 

11 brought to enforce applicable provisions of such Act 

12 or other laws, the appropriate Secretary or an af13 fected individual may bring a civil action to enforce 

14 such determinations and for appropriate relief. In 

15 addition, such Secretary may assess a penalty 

16 against a plan sponsor or health insurance issuer of 

17 not more than $110 per day for each failure to com18 ply with such determination of such Secretary after 

19 10 days after the date of the plan sponsor’s or 

20 issuer’s receipt of the determination.’’. 

21 (5) AMENDMENTS RELATING TO SECTION 3001

22 OF ARRA.— 

23 (A) Subsection (g)(9) of section 35 of the 

24 Internal Revenue Code of 1986 is amended by 

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1 ance Assistance for the Unemployed Act of 

2 2009’’ and inserting ‘‘section 3001(a) of title 

3 III of division B of the American Recovery and 

4 Reinvestment Act of 2009’’. 

5 (B) Section 139C of such Code is amended 

6 by striking ‘‘section 3002 of the Health Insur7 ance Assistance for the Unemployed Act of 

8 2009’’ and inserting ‘‘section 3001 of title III 

9 of division B of the American Recovery and Re10 investment Act of 2009’’. 

11 (C) Section 6432 of such Code is amend12 ed— 

13 (i) in subsection (a), by striking ‘‘sec14 tion 3002(a) of the Health Insurance As15 sistance for the Unemployed Act of 2009’’ 

16 and inserting ‘‘section 3001(a) of title III 

17 of division B of the American Recovery 

18 and Reinvestment Act of 2009’’; 

19 (ii) in subsection (c)(3), by striking 

20 ‘‘section 3002(a)(1)(A) of such Act’’ and 

21 inserting ‘‘section 3001(a)(1)(A) of title 

22 III of division B of the American Recovery 

23 and Reinvestment Act of 2009’’; and 

24 (iii) by redesignating subsections (e) 

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1 tively, and inserting after subsection (d) 

2 the following new subsection: 

3 ‘‘(e) EMPLOYER DETERMINATION OF QUALIFYING

4 EVENT AS INVOLUNTARY TERMINATION.—For purposes 

5 of this section, in any case in which— 

6 ‘‘(1) based on a reasonable interpretation of 

7 section 3001(a)(3)(C) of division B of the American 

8 Recovery and Reinvestment Act of 2009 and admin9 istrative guidance thereunder, an employer deter10 mines that the qualifying event with respect to 

11 COBRA continuation coverage for an individual was 

12 involuntary termination of a covered employee’s em13 ployment, and 

14 ‘‘(2) the employer maintains supporting docu15 mentation of the determination, including an attes16 tation by the employer of involuntary termination 

17 with respect to the covered employee, 

18 the qualifying event for the individual shall be deemed to 

19 be involuntary termination of the covered employee’s em20 ployment.’’. 

21 (D) Subsection (a) of section 6720C of 

22 such Code is amended by striking ‘‘section 

23 3002(a)(2)(C) of the Health Insurance Assist24 ance for the Unemployed Act of 2009’’ and in25 serting ‘‘section 3001(a)(2)(C) of title III of diVerDate Nov 24 2008 22:34 Mar 01, 2010 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4691.PCS H4691

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1 vision B of the American Recovery and Rein2 vestment Act of 2009’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect as if included in the provisions 

5 of section 3001 of division B of the American Recovery 

6 and Reinvestment Act of 2009 to which they relate, except 

7 that— 

8 (1) the amendments made by subsection (b)(1) 

9 shall apply to periods of coverage beginning after the 

10 date of the enactment of this Act; 

11 (2) the amendments made by subsection (b)(2) 

12 shall take effect as if included in the amendments 

13 made by section 1010 of division B of the Depart14 ment of Defense Appropriations Act, 2010; and 

15 (3) the amendments made by subsections (b)(3) 

16 and (b)(4) shall take effect on the date of the enact17 ment of this Act. 

18 SEC. 4. EXTENSION OF SURFACE TRANSPORTATION PRO19 GRAMS. 

20 (a) IN GENERAL.—Except as provided in subsection 

21 (b), for purposes of the continued extension of surface 

22 transportation programs and related authority to make ex23 penditures from the Highway Trust Fund and other trust 

24 funds under sections 157 through 162 of the Continuing 

25 Appropriations Resolution, 2010 (Public Law 111–68; 


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1 123 Stat. 2050), the date specified in section 106(3) of 

2 that resolution (Public Law 111–68; 123 Stat. 2045) shall 

3 be deemed to be March 28, 2010. 

4 (b) EXCEPTION.—Subsection (a) shall not apply if an 

5 extension of the programs and authorities described in 

6 that subsection for a longer term than the extension con7 tained in the Continuing Appropriations Resolution, 2010 

8 (Public Law 111–68; 123 Stat. 2050), is enacted before 

9 the date of enactment of this Act. 

10 SEC. 5. INCREASE IN THE MEDICARE PHYSICIAN PAYMENT 

11 UPDATE. 

12 Paragraph (10) of section 1848(d) of the Social Secu13 rity Act, as added by section 1011(a) of the Department 

14 of Defense Appropriations Act, 2010 (Public Law 111– 

15 118), is amended— 

16 (1) in subparagraph (A), by striking ‘‘February 

17 28, 2010’’ and inserting ‘‘March 31, 2010’’; and 

18 (2) in subparagraph (B), by striking ‘‘March 1, 

19 2010’’ and inserting ‘‘April 1, 2010’’. 

20 SEC. 6. EXTENSION OF MEDICARE THERAPY CAPS EXCEP21 TIONS PROCESS. 

22 Section 1833(g)(5) of the Social Security Act (42 

23 U.S.C. 1395l(g)(5)) is amended by striking ‘‘December 

24 31, 2009’’ and inserting ‘‘March 31, 2010’’. 


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1 SEC. 7. EXTENSION OF USE OF 2009 POVERTY GUIDELINES. 

2 Section 1012 of the Department of Defense Appro3 priations Act, 2010 (Public Law 111–118) is amended by 

4 striking ‘‘March 1, 2010’’ and inserting ‘‘March 31, 

5 2010’’. 

6 SEC. 8. EXTENSION OF NATIONAL FLOOD INSURANCE PRO7 GRAM. 

8 Section 129 of the Continuing Appropriations Reso9 lution, 2010 (Public Law 111–68), as amended by section 

10 1005 of Public Law 111–118, is further amended by strik11 ing ‘‘by substituting’’ and all that follows through the pe12 riod at the end, and inserting ‘‘by substituting March 28, 

13 2010, for the date specified in each such section.’’. 

14 SEC. 9. EXTENSION OF SMALL BUSINESS LOAN GUARANTEE 

15 PROGRAM. 

16 (a) IN GENERAL.—Section 502(f) of division A of the 

17 American Recovery and Reinvestment Act of 2009 (Public 

18 Law 111–5; 123 Stat. 153) is amended by striking ‘‘Feb19 ruary 28, 2010’’ and inserting ‘‘March 28, 2010’’. 

20 (b) APPROPRIATION.—There is appropriated, out of 

21 any funds in the Treasury not otherwise appropriated, for 

22 an additional amount for ‘‘Small Business Administration 

23 – Business Loans Program Account’’, $60,000,000, to re24 main available through March 28, 2010, for the cost of— 

25 (1) fee reductions and eliminations under sec26 tion 501 of division A of the American Recovery and 


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1 Reinvestment Act of 2009 (Public Law 111–5; 123 

2 Stat. 151) for loans guaranteed under section 7(a) 

3 of the Small Business Act (15 U.S.C. 636(a)), title 

4 V of the Small Business Investment Act of 1958 (15 

5 U.S.C. 695 et seq.), or section 502 of division A of 

6 the American Recovery and Reinvestment Act of 

7 2009 (Public Law 111–5; 123 Stat. 152), as amend8 ed by this section; and 

9 (2) loan guarantees under section 502 of divi10 sion A of the American Recovery and Reinvestment 

11 Act of 2009 (Public Law 111–5; 123 Stat. 152), as 

12 amended by this section, 

13 Provided, That such costs, including the cost of modifying 

14 such loans, shall be as defined in section 502 of the Con15 gressional Budget Act of 1974. 

16 SEC. 10. SATELLITE TELEVISION EXTENSION. 

17 (a) AMENDMENTS TO SECTION 119 OF TITLE 17, 

18 UNITED STATES CODE.— 

19 (1) IN GENERAL.—Section 119 of title 17, 

20 United States Code, is amended— 

21 (A) in subsection (c)(1)(E), by striking 

22 ‘‘February 28, 2010’’ and inserting ‘‘March 28, 

23 2010’’; and 


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1 (B) in subsection (e), by striking ‘‘Feb2 ruary 28, 2010’’ and inserting ‘‘March 28, 

3 2010’’. 

4 (2) TERMINATION OF LICENSE.—Section 

5 1003(a)(2)(A) of Public Law 111–118 is amended 

6 by striking ‘‘February 28, 2010’’, and inserting 

7 ‘‘March 28, 2010’’. 

8 (b) AMENDMENTS TO COMMUNICATIONS ACT OF

9 1934.—Section 325(b) of the Communications Act of 

10 1934 (47 U.S.C. 325(b)) is amended— 

11 (1) in paragraph (2)(C), by striking ‘‘February 

12 28, 2010’’ and inserting ‘‘March 28, 2010’’; and 

13 (2) in paragraph (3)(C), by striking ‘‘March 1, 

14 2010’’ each place it appears in clauses (ii) and (iii) 

15 and inserting ‘‘March 29, 2010’’. 

16 SEC. 11. DETERMINATION OF BUDGETARY EFFECTS. 

17 (a) IN GENERAL.—The budgetary effects of this Act, 

18 for the purpose of complying with the Statutory Pay-As19 You-Go-Act of 2010, shall be determined by reference to 

20 the latest statement titled ‘‘Budgetary Effects of PAYGO 

21 Legislation’’ for this Act, submitted for printing in the 

22 Congressional Record by the Chairman of the Committee 

23 on the Budget of the House of Representatives, provided 

24 that such statement has been submitted prior to the vote 

25 on passage. 


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1 (b) EMERGENCY DESIGNATION FOR CONGRESSIONAL

2 ENFORCEMENT.—This Act, with the exception of section 

3 5, is designated as an emergency for purposes of pay-as4 you-go principles. In the Senate, this Act is designated 

5 as an emergency requirement pursuant to section 403(a) 

6 of S. Con. Res. 13 (111th Congress), the concurrent reso7 lution on the budget for fiscal year 2010. 

8 (c) EMERGENCY DESIGNATION FOR STATUTORY

9 PAYGO.—This Act, with the exception of section 5, is 

10 designated as an emergency requirement pursuant to sec11 tion 4(g) of the Statutory Pay-As-You-Go Act of 2010 

12 (Public Law 111–139; 2 U.S.C. 933(g)). 

Passed the House of Representatives February 25, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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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 


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