[Congressional Record Volume 156, Number 51 (Tuesday, April 13, 2010)]
[Senate]
[Pages S2246-S2247]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3720. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4851, to provide a temporary extension of certain 
programs, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place insert the following:

     SEC. ___. POINT OF ORDER ON LEGISLATION THAT IMPOSES A VALUE-
                   ADDED TAX.

       (a) In General.--It shall not be in order in the Senate to 
     consider any bill, resolution, amendment between Houses, 
     motion, or conference report that would cause the imposition 
     of a value-added tax.
       (b) Supermajority Waiver and Appeal.--
       (1) Waiver.--This section may be waived or suspended in the 
     Senate only by an affirmative vote of three-fifths of the 
     Members, duly chosen and sworn.
       (2) Appeal.--An affirmative vote of three-fifths of the 
     Members, duly chosen and sworn, shall be required in the 
     Senate to sustain an appeal of the ruling of the Chair on a 
     point of order raised under this section.
                                 ______
                                 
  SA 3721. Mr. BAUCUS proposed an amendment to the bill H.R. 4851, 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 ``Continuing 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 ``April 5, 2010'' each place it appears and 
     inserting ``June 2, 2010'';
       (B) in the heading for subsection (b)(2), by striking 
     ``april 5, 2010'' and inserting ``june 2, 2010''; and
       (C) in subsection (b)(3), by striking ``September 4, 2010'' 
     and inserting ``November 6, 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 ``April 5, 2010'' and 
     inserting ``June 2, 2010'';
       (B) in the heading for paragraph (2), by striking ``april 
     5, 2010'' and inserting ``june 2, 2010''; and
       (C) in paragraph (3), by striking ``October 5, 2010'' and 
     inserting ``December 7, 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 ``April 5, 2010'' each place it appears and 
     inserting ``June 2, 2010''; and
       (B) in subsection (c), by striking ``September 4, 2010'' 
     and inserting ``November 6, 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 ``September 4, 2010'' and inserting 
     ``November 6, 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 (C), by striking ``and'' at the end;
       (2) by inserting after subparagraph (D) the following new 
     subparagraph:
       ``(E) the amendments made by section 101(a)(1) of the 
     Continuing Extension Act of 2010; and''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Temporary Extension Act of 2010 (Public Law 111-144).

     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), as amended by 
     section 3(a) of the Temporary Extension Act of 2010 (Public 
     Law 111-144), is amended by striking ``March 31, 2010'' and 
     inserting ``May 31, 2010''.
       (b) Rules Relating to 2010 Extension.--Subsection (a) of 
     section 3001 of division B of the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5), as amended by 
     section 3(b) of the Temporary Extension Act of 2010 (Public 
     Law 111-144), is amended by adding at the end the following:
       ``(18) Rules related to april and may 2010 extension.--In 
     the case of an individual who, with regard to coverage 
     described in paragraph (10)(B), experiences a qualifying 
     event related to a termination of employment on or after 
     April 1, 2010 and prior to the date of the enactment of this 
     paragraph, rules similar to those in paragraphs (4)(A) and 
     (7)(C) shall apply with respect to all continuation coverage, 
     including State continuation coverage programs.''.
       (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.

     SEC. 4. 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) and as amended 
     by section 5 of the Temporary Extension Act of 2010 (Public 
     Law 111-144), is amended--
       (1) in subparagraph (A), by striking ``March 31, 2010'' and 
     inserting ``May 31, 2010''; and
       (2) in subparagraph (B), by striking ``April 1, 2010'' and 
     inserting ``June 1, 2010''.

     SEC. 5. EHR CLARIFICATION.

       (a) Qualification for Clinic-Based Physicians.--

[[Page S2247]]

       (1) Medicare.--Section 1848(o)(1)(C)(ii) of the Social 
     Security Act (42 U.S.C. 1395w-4(o)(1)(C)(ii)) is amended by 
     striking ``setting (whether inpatient or outpatient)'' and 
     inserting ``inpatient or emergency room setting''.
       (2) Medicaid.--Section 1903(t)(3)(D) of the Social Security 
     Act (42 U.S.C. 1396b(t)(3)(D)) is amended by striking 
     ``setting (whether inpatient or outpatient)'' and inserting 
     ``inpatient or emergency room setting''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall be effective as if included in the enactment of the 
     HITECH Act (included in the American Recovery and 
     Reinvestment Act of 2009 (Public Law 111-5)).
       (c) Implementation.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services may implement 
     the amendments made by this section by program instruction or 
     otherwise.

     SEC. 6. EXTENSION OF USE OF 2009 POVERTY GUIDELINES.

       Section 1012 of the Department of Defense Appropriations 
     Act, 2010 (Public Law 111-118), as amended by section 7 of 
     the Temporary Extension Act of 2010 (Public Law 111-144), is 
     amended by striking ``March 31, 2010'' and inserting ``May 
     31, 2010''.

     SEC. 7. EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM.

       (a) Extension.--Section 129 of the Continuing 
     Appropriations Resolution, 2010 (Public Law 111-68), as 
     amended by section 8 of Public Law 111-144, is amended by 
     striking ``by substituting'' and all that follows through the 
     period at the end and inserting ``by substituting May 31, 
     2010, for the date specified in each such section.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall be considered to have taken effect on February 28, 
     2010.

     SEC. 8. COMPENSATION AND RATIFICATION OF AUTHORITY RELATED TO 
                   LAPSE IN HIGHWAY PROGRAMS.

       (a) Compensation for Federal Employees.--Any Federal 
     employees furloughed as a result of the lapse in expenditure 
     authority from the Highway Trust Fund after 11:59 p.m. on 
     February 28, 2010, through March 2, 2010, shall be 
     compensated for the period of that lapse at their standard 
     rates of compensation, as determined under policies 
     established by the Secretary of Transportation.
       (b) Ratification of Essential Actions.--All actions taken 
     by Federal employees, contractors, and grantees for the 
     purposes of maintaining the essential level of Government 
     operations, services, and activities to protect life and 
     property and to bring about orderly termination of Government 
     functions during the lapse in expenditure authority from the 
     Highway Trust Fund after 11:59 p.m. on February 28, 2010, 
     through March 2, 2010, are hereby ratified and approved if 
     otherwise in accord with the provisions of the Continuing 
     Appropriations Resolution, 2010 (division B of Public Law 
     111-68).
       (c) Funding.--Funds used by the Secretary to compensate 
     employees described in subsection (a) shall be derived from 
     funds previously authorized out of the Highway Trust Fund and 
     made available or limited to the Department of Transportation 
     by the Consolidated Appropriations Act, 2010 (Public Law 111-
     117) and shall be subject to the obligation limitations 
     established in such Act.
       (d) Expenditures From Highway Trust Fund.--To permit 
     expenditures from the Highway Trust Fund to effectuate the 
     purposes of this section, this section shall be deemed to be 
     a section of the Continuing Appropriations Resolution, 2010 
     (division B of Public Law 111-68), as in effect on the date 
     of the enactment of the last amendment to such Resolution.

     SEC. 9. 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 ``April 30, 2010'' 
     and inserting ``May 31, 2010''; and
       (B) in subsection (e), by striking ``April 30, 2010'' and 
     inserting ``May 31, 2010''.
       (2) Termination of license.--Section 1003(a)(2)(A) of 
     Public Law 111-118 is amended by striking ``April 30, 2010'', 
     and inserting ``May 31, 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 ``April 30, 2010'' and 
     inserting ``May 31, 2010''; and
       (2) in paragraph (3)(C), by striking ``May 1, 2010'' each 
     place it appears in clauses (ii) and (iii) and inserting 
     ``June 1, 2010''.

     SEC. 10. 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 Senate Budget Committee, 
     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 4, 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 4, 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)).
                                 ______
                                 
  SA 3722. Mr. BROWN of Ohio (for Mrs. Feinstein) proposed an amendment 
to the bill S. 1749, to amend title 18, United States Code, to prohibit 
the possession or use of cell phones and similar wireless devices by 
Federal prisoners; as follows:

       At the end of the bill, insert the following:

     SEC. ___. GAO STUDY.

       Not later than 90 days after the date of enactment of this 
     Act, the Comptroller General shall submit a report to 
     Congress with research and findings on the following issues:
       (1) A study of telephone rates within State and Federal 
     prisons and jails to include information on interstate, 
     intrastate and collect calls made by prisoners, including--
       (A) the costs of operating inmate telephone services;
       (B) the revenue obtained from inmate telephone systems;
       (C) how the revenue from these systems is used by State 
     governments and the Bureau of Prisons; and
       (D) recommendations to lower telephone costs to inmates and 
     their families, while still maintaining sufficient security.
       (2) A study of State and Federal efforts to prevent the 
     smuggling of cell phones and other wireless devices into 
     prisons and jails, including efforts that State and Federal 
     authorities are making to minimize trafficking of cell phones 
     by guards and other prison officials and recommendations to 
     reduce the number of cell phones that are trafficked into 
     prisons and jails.
       (3) A study of cell phone use by inmates in State and 
     Federal prisons and jails, including--
       (A) the cost that inmates pay for cell phones trafficked 
     into prisons;
       (B) the quantity of cell phones that are located in State 
     and Federal prisons and jails; and
       (C) the quantity of illegal activity that is conducted or 
     facilitated as a result of inmate cell phone use.

                          ____________________