H. R. 4691 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

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 
H. R. 4691—5 

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-YouGo Act of 2010 (Public Law 111–139; 2 U.S.C. 933(g)). 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.