In the nature of a substitute.

SA 3355. Mr. BUNNING proposed an amendment to the bill H.R. 4691, to
provide a temporary extension of certain programs, and for other
purposes; as follows:

Strike all after the enacting clause and insert the
following:

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--

[[Page S968]]

(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''.

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 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.

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 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.

[[Page S969]]

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,
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. EXCLUSION OF UNPROCESSED FUELS FROM THE CELLULOSIC
BIOFUEL PRODUCER CREDIT.

(a) In General.--Subparagraph (E) of section 40(b)(6) of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new clause:
``(iii) Exclusion of unprocessed fuels.--The term
`cellulosic biofuel' shall not include any fuel if--

``(I) more than 4 percent of such fuel (determined by
weight) is any combination of water and sediment, or
``(II) the ash content of such fuel is more than 1 percent
(determined by weight).''.

(b) Effective Date.--The amendment made by this section
shall apply to fuels sold or used after the date of the
enactment of this Act.

SEC. 12. DETERMINATION OF BUDGETARY EFFECTS.

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.
______