H. R IN THE SENATE OF THE UNITED STATES. FEBRUARY 25, 2010 Received. FEBRUARY 26, 2010 Read the first time

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1 II TH CONGRESS D SESSION H. R. Calendar No. IN THE SENATE OF THE UNITED STATES FEBRUARY, 00 Received FEBRUARY, 00 Read the first time MARCH, 00 Read the second time and placed on the calendar 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. SHORT TITLE. This Act may be cited as the Temporary Extension Act of 00. jlentini on DSKJSOYBPROD with BILLS VerDate Nov 00 : Mar 0, 00 Jkt 000 PO Frm 0000 Fmt Sfmt 0 E:\BILLS\H.PCS H

2 jlentini on DSKJSOYBPROD with BILLS 0 0 HR PCS VerDate Nov 00 : Mar 0, 00 Jkt 000 PO Frm 0000 Fmt Sfmt 0 E:\BILLS\H.PCS H SEC.. EXTENSION OF UNEMPLOYMENT INSURANCE PRO- VISIONS. (a) IN GENERAL. () Section 00 of the Supplemental Appropriations Act, 00 (Public Law 0 ; U.S.C. 0 note) is amended (A) by striking February, 00 each place it appears and inserting April, 00 ; (B) in the heading for subsection (b)(), by striking FEBRUARY, 00 and inserting APRIL, 00 ; and (C) in subsection (b)(), by striking July, 00 and inserting September, 00. () Section 00(e) of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law ( U.S.C. 0 note; Stat. ), is amended (A) in paragraph ()(B), by striking February, 00 and inserting April, 00 ; (B) in the heading for paragraph (), by striking FEBRUARY, 00 and inserting APRIL, 00 ; and (C) in paragraph (), by striking August, 00 and inserting October, 00. () Section 00 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in

3 0 0 Public Law ( U.S.C. 0 note; Stat. ), is amended (A) by striking February, 00 each place it appears and inserting April, 00 ; and (B) in subsection (c), by striking July, 00 and inserting September, 00. () Section of the Unemployment Compensation Extension Act of 00 (Public Law 0 ; U.S.C. 0 note) is amended by striking July, 00 and inserting September, 00. (b) FUNDING. Section 00(e)() of the Supplemental Appropriations Act, 00 (Public Law 0 ; U.S.C. 0 note) is amended () in subparagraph (B), by striking and at the end; () in subparagraph (C), by striking 00 and inserting 00(a)() ; and () by inserting after subparagraph (C) the following new subparagraph: (D) the amendments made by section (a)() of the Temporary Extension Act of 00; and. jlentini on DSKJSOYBPROD with BILLS HR PCS VerDate Nov 00 : Mar 0, 00 Jkt 000 PO Frm 0000 Fmt Sfmt 0 E:\BILLS\H.PCS H

4 jlentini on DSKJSOYBPROD with BILLS 0 0 HR PCS VerDate Nov 00 : Mar 0, 00 Jkt 000 PO Frm 0000 Fmt Sfmt 0 E:\BILLS\H.PCS H SEC.. EXTENSION AND IMPROVEMENT OF PREMIUM AS- SISTANCE FOR COBRA BENEFITS. (a) EXTENSION OF ELIGIBILITY PERIOD. Subsection (a)()(a) of section 00 of division B of the American Recovery and Reinvestment Act of 00 (Public Law ) is amended by striking February, 00 and inserting March, 00. (b) CLARIFICATIONS RELATING TO SECTION 00 OF ARRA. () CLARIFICATION REGARDING COBRA CON- TINUATION RESULTING FROM REDUCTIONS IN HOURS. Subsection (a) of section 00 of division B of the American Recovery and Reinvestment Act of 00 (Public Law ) is amended (A) in paragraph ()(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 ()(C)) ; and (B) by adding at the end the following: () SPECIAL RULES IN CASE OF INDIVIDUALS LOSING COVERAGE BECAUSE OF A REDUCTION OF HOURS. (A) NEW ELECTION PERIOD.

5 jlentini on DSKJSOYBPROD with BILLS (i) IN GENERAL. For the purposes of the COBRA continuation provisions, in the case of an individual described in sub- paragraph (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 0 the enactment of this paragraph shall be treated as a qualifying event. 0 (ii) COUNTING COBRA DURATION PE- RIOD 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 HR PCS VerDate Nov 00 : Mar 0, 00 Jkt 000 PO Frm 0000 Fmt Sfmt 0 E:\BILLS\H.PCS H

6 jlentini on DSKJSOYBPROD with BILLS of hours and the involuntary termination of employment. 0 0 (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 ()(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 0-day period beginning on the date of such individual s involuntary termination of employment, an additional notification described in paragraph ()(A), including information on the provisions of this paragraph. Rules similar to the rules of paragraph () shall apply with respect to such notification. (C) INDIVIDUALS DESCRIBED. Individ- uals 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 ()(A) followed by an HR PCS VerDate Nov 00 : Mar 0, 00 Jkt 000 PO Frm 0000 Fmt Sfmt 0 E:\BILLS\H.PCS H

7 jlentini on DSKJSOYBPROD with BILLS involuntary termination of employment insofar as such involuntary termination of employment occurred on or after the date of the enactment of this paragraph () CODIFICATION OF CURRENT INTERPRETA- TION. Subsection (a)() 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 ()(A), by the latest of (I) 0 days after the date of the enactment of this paragraph, (II) 0 days after the date of provision of the notification required under subparagraph (D)(ii), or (III) the end of the period described in section 0B(f)()(B)(iii) of the Internal Revenue Code of. ; and (B) by striking subclause (I) of subparagraph (C)(i), and inserting the following: (I) such assistance eligible individual experienced an involuntary ter- HR PCS VerDate Nov 00 : Mar 0, 00 Jkt 000 PO Frm 0000 Fmt Sfmt 0 E:\BILLS\H.PCS H

8 jlentini on DSKJSOYBPROD with BILLS mination that was a qualifying event prior to the date of enactment of the Department of Defense Appropria- tions Act, 00; and. 0 0 () CLARIFICATION OF PERIOD OF ASSIST- ANCE. Subsection (a)()(a)(ii)(i) of such section is amended by striking of the first month. () ENFORCEMENT. Subsection (a)() 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 $0 per day for each failure to comply with such determination of such Secretary after 0 days after the date of the plan sponsor s or issuer s receipt of the determination.. () AMENDMENTS RELATING TO SECTION 00 OF ARRA. (A) Subsection (g)() of section of the Internal Revenue Code of is amended by striking section 00(a) of the Health Insur- HR PCS VerDate Nov 00 : Mar 0, 00 Jkt 000 PO Frm 0000 Fmt Sfmt 0 E:\BILLS\H.PCS H

9 jlentini on DSKJSOYBPROD with BILLS ance Assistance for the Unemployed Act of 00 and inserting section 00(a) of title III of division B of the American Recovery and Reinvestment Act of 00. (B) Section C of such Code is amended by striking section 00 of the Health Insur- ance Assistance for the Unemployed Act of 00 and inserting section 00 of title III of division B of the American Recovery and Re- 0 investment Act of 00. (C) Section of such Code is amend- ed (i) in subsection (a), by striking sec- tion 00(a) of the Health Insurance As- sistance for the Unemployed Act of 00 and inserting section 00(a) of title III of division B of the American Recovery and Reinvestment Act of 00 ; (ii) in subsection (c)(), by striking 0 section 00(a)()(A) of such Act and inserting section 00(a)()(A) of title III of division B of the American Recovery and Reinvestment Act of 00 ; and (iii) by redesignating subsections (e) and (f) as subsections (f) and (g), respec- HR PCS VerDate Nov 00 : Mar 0, 00 Jkt 000 PO Frm 0000 Fmt Sfmt 0 E:\BILLS\H.PCS H

10 jlentini on DSKJSOYBPROD with BILLS 0 tively, and inserting after subsection (d) the following new subsection: 0 0 (e) EMPLOYER DETERMINATION OF QUALIFYING EVENT AS INVOLUNTARY TERMINATION. For purposes of this section, in any case in which () based on a reasonable interpretation of section 00(a)()(C) of division B of the American Recovery and Reinvestment Act of 00 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 () 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 0C of such Code is amended by striking section 00(a)()(C) of the Health Insurance Assistance for the Unemployed Act of 00 and inserting section 00(a)()(C) of title III of di- HR PCS VerDate Nov 00 : Mar 0, 00 Jkt 000 PO Frm 0000 Fmt Sfmt 0 E:\BILLS\H.PCS H

11 jlentini on DSKJSOYBPROD with BILLS vision B of the American Recovery and Rein- vestment Act of 00. (c) EFFECTIVE DATE. The amendments made by this section shall take effect as if included in the provisions of section 00 of division B of the American Recovery and Reinvestment Act of 00 to which they relate, except that () the amendments made by subsection (b)() shall apply to periods of coverage beginning after the 0 date of the enactment of this Act; () the amendments made by subsection (b)() shall take effect as if included in the amendments made by section 00 of division B of the Depart- ment of Defense Appropriations Act, 00; and () the amendments made by subsections (b)() and (b)() shall take effect on the date of the enact- ment of this Act. 0 SEC.. EXTENSION OF SURFACE TRANSPORTATION PRO- GRAMS. (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 through of the Continuing Appropriations Resolution, 00 (Public Law ; HR PCS VerDate Nov 00 : Mar 0, 00 Jkt 000 PO Frm 000 Fmt Sfmt 0 E:\BILLS\H.PCS H

12 jlentini on DSKJSOYBPROD with BILLS Stat. 00), the date specified in section 0() of that resolution (Public Law ; Stat. 0) shall be deemed to be March, 00. (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 con- tained in the Continuing Appropriations Resolution, 00 (Public Law ; Stat. 00), is enacted before the date of enactment of this Act. 0 0 SEC.. INCREASE IN THE MEDICARE PHYSICIAN PAYMENT UPDATE. Paragraph (0) of section (d) of the Social Security Act, as added by section 0(a) of the Department of Defense Appropriations Act, 00 (Public Law ), is amended () in subparagraph (A), by striking February, 00 and inserting March, 00 ; and () in subparagraph (B), by striking March, 00 and inserting April, 00. SEC.. EXTENSION OF MEDICARE THERAPY CAPS EXCEP- TIONS PROCESS. Section (g)() of the Social Security Act ( U.S.C. l(g)()) is amended by striking December, 00 and inserting March, 00. HR PCS VerDate Nov 00 : Mar 0, 00 Jkt 000 PO Frm 000 Fmt Sfmt 0 E:\BILLS\H.PCS H

13 jlentini on DSKJSOYBPROD with BILLS 0 0 HR PCS VerDate Nov 00 : Mar 0, 00 Jkt 000 PO Frm 000 Fmt Sfmt 0 E:\BILLS\H.PCS H SEC.. EXTENSION OF USE OF 00 POVERTY GUIDELINES. Section 0 of the Department of Defense Appropriations Act, 00 (Public Law ) is amended by striking March, 00 and inserting March, 00. SEC.. EXTENSION OF NATIONAL FLOOD INSURANCE PRO- GRAM. Section of the Continuing Appropriations Resolution, 00 (Public Law ), as amended by section 00 of Public Law, is further amended by striking by substituting and all that follows through the period at the end, and inserting by substituting March, 00, for the date specified in each such section.. SEC.. EXTENSION OF SMALL BUSINESS LOAN GUARANTEE PROGRAM. (a) IN GENERAL. Section 0(f) of division A of the American Recovery and Reinvestment Act of 00 (Public Law ; Stat. ) is amended by striking February, 00 and inserting March, 00. (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, $0,000,000, to remain available through March, 00, for the cost of () fee reductions and eliminations under section 0 of division A of the American Recovery and

14 0 0 Reinvestment Act of 00 (Public Law ; Stat. ) for loans guaranteed under section (a) of the Small Business Act ( U.S.C. (a)), title V of the Small Business Investment Act of ( U.S.C. et seq.), or section 0 of division A of the American Recovery and Reinvestment Act of 00 (Public Law ; Stat. ), as amended by this section; and () loan guarantees under section 0 of division A of the American Recovery and Reinvestment Act of 00 (Public Law ; Stat. ), as amended by this section, Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 0 of the Congressional Budget Act of. SEC. 0. SATELLITE TELEVISION EXTENSION. (a) AMENDMENTS TO SECTION OF TITLE, UNITED STATES CODE. () IN GENERAL. Section of title, United States Code, is amended (A) in subsection (c)()(e), by striking February, 00 and inserting March, 00 ; and jlentini on DSKJSOYBPROD with BILLS HR PCS VerDate Nov 00 : Mar 0, 00 Jkt 000 PO Frm 000 Fmt Sfmt 0 E:\BILLS\H.PCS H

15 jlentini on DSKJSOYBPROD with BILLS (B) in subsection (e), by striking Feb- ruary, 00 and inserting March, 00. () TERMINATION OF LICENSE. Section 00(a)()(A) of Public Law is amended by striking February, 00, and inserting March, (b) AMENDMENTS TO COMMUNICATIONS ACT OF. Section (b) of the Communications Act of ( U.S.C. (b)) is amended () in paragraph ()(C), by striking February, 00 and inserting March, 00 ; and () in paragraph ()(C), by striking March, 00 each place it appears in clauses (ii) and (iii) and inserting March, 00. SEC.. 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 00, 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. HR PCS VerDate Nov 00 : Mar 0, 00 Jkt 000 PO Frm 000 Fmt Sfmt 0 E:\BILLS\H.PCS H

16 0 (b) EMERGENCY DESIGNATION FOR CONGRESSIONAL ENFORCEMENT. This Act, with the exception of section, 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 0(a) of S. Con. Res. (th Congress), the concurrent reso- lution on the budget for fiscal year 00. (c) EMERGENCY DESIGNATION FOR STATUTORY PAYGO. This Act, with the exception of section, is designated as an emergency requirement pursuant to sec- tion (g) of the Statutory Pay-As-You-Go Act of 00 (Public Law ; U.S.C. (g)). Passed the House of Representatives February, 00. Attest: LORRAINE C. MILLER, Clerk. jlentini on DSKJSOYBPROD with BILLS HR PCS VerDate Nov 00 : Mar 0, 00 Jkt 000 PO Frm 000 Fmt Sfmt 0 E:\BILLS\H.PCS H

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18 Calendar No. TH CONGRESS D SESSION H. R. AN ACT To provide a temporary extension of certain programs, and for other purposes. MARCH, 00 Read the second time and placed on the calendar jlentini on DSKJSOYBPROD with BILLS VerDate Nov 00 : Mar 0, 00 Jkt 000 PO Frm 000 Fmt Sfmt E:\BILLS\H.PCS H