[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4691 Enrolled Bill (ENR)]
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,

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This Act may be cited as the ``Temporary Extension Act of 2010''.

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(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
(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''.

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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 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 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.

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(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 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.

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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''.

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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''.

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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''.

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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.''.

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(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,
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.

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(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''.

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(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 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)).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Temporary Extension Act of 2010 — HR. 4691

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