[Congressional Record Volume 156, Number 53 (Thursday, April 15, 2010)]
[Senate]
[Pages S2363-S2367]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              CONTINUING EXTENSION ACT OF 2010--Continued

  Mr. DURBIN. Madam President, for those who are following the Senate 
activities today, we are considering the extension of unemployment 
benefits. It is a debate which has gone on repeatedly. I see the 
chairman of the Senate Finance Committee has come to the Chamber and 
has been sitting patiently on the floor trying to work this through, 
and I think we may be close to a vote on this matter very shortly.
  If I am not mistaken, if we are successful in passing this extension, 
it will extend unemployment benefits to the end of May. I hope we do 
not face this again between now and then because not only does it tie 
up the Senate for a lengthy period of time, but it creates real 
uncertainty across America.
  Madam President, 212,000 people had their unemployment benefits cut 
off in the United States last week because we were gone and the 
benefits expired; so this week another 212,000 people. In my home State 
of Illinois, 16,000 people a week lose their unemployment benefits 
because of the decision by the Senate not to move forward and extend 
those unemployment checks.
  An unemployment check in my home State is about $300 a week. Some 
have come to the floor and argued we should not give unemployment 
benefits because it makes people lazy. If they are getting $300 a week, 
they will not go looking for jobs. I wonder when it was, if ever, that 
a Senator tried to live on $300 a week. I think it would be very 
difficult, in most cases impossible, for those who are used to a 
lifestyle that is much more expensive.
  So extending these benefits, in my estimation, is not only humane, it 
is good economic judgment. The money given to people out of work is 
money that is spent immediately for the necessities of life. It is not 
saved or invested. They go out and spend it on what they need, whether 
it is on utility bills or rent or food or clothing--whatever it might 
be. So it is money that is injected straight into the economy.
  When Republicans come to the floor, they say: Wait a minute. At some 
point, with our national debt, we have to pay for this. I say to them: 
How would you pay for it? They say: We pay for it by cutting spending 
on projects that create jobs. Wait a minute. If you cut spending on 
projects that create jobs, there are more people unemployed. More 
people unemployed need more benefits. We cannot end the recession until 
we focus on getting people back to work.
  One of the key areas Senator Baucus on the Senate Finance Committee 
has worked on is putting money into small businesses across America. 
Many of us believe small businesses are going to be the engine that 
brings us out of this recession. So when Senator Baucus and the Finance 
Committee create tax credits for businesses that hire the unemployed or 
reduce their payroll taxes for those who hire the unemployed or have 
new deductions for expensing and the purchase of capital equipment, we 
are doing everything we can to put money into those small businesses. 
The argument that we should stop spending on those things will mean the 
recession goes on longer.
  I hope we can reach a point soon where we put the question of 
unemployment behind us. There should be a debate on the national debt, 
and there will be. I do not know if it is a great honor, but Senator 
Reid, the majority leader, has appointed me to the Deficit Commission. 
I met today with Erskine Bowles, who was the head of the Small Business 
Administration under President Clinton, as well as Alan Simpson, a 
former U.S. Senator from Wyoming, who chair this commission.
  We are going to start, in a couple weeks, our inquiry and debate on 
what to do about our national debt. It is one that is long overdue. But 
I think if we are honest about this, we realize it will take some 
thoughtful consideration and some time to come up with an approach that 
really deals with the debt in a humane and sensible way, but does not 
stop our recovery in this recession. So we are tasked with doing that.
  Senator Baucus is a member of that commission as well. We will spend 
some time together talking about it, I am sure. We have to report by 
the end of the year. In the meantime, we will be watching the 
appropriations bills that come through here to cut the waste out of the 
spending if there is

[[Page S2364]]

some in some of these agencies. And I am sure we can find some.
  In the meantime, let's not make the unemployed across America the 
victims of this debate. Let us give them some certainty that the 
basics, the necessities of life, which they need because they have lost 
a job through no fault of their own, are going to be provided for. We 
want to make certain if they lost their lifesavings and stand to lose 
their home, we give them at least a little bit of a helping hand while 
they look for work.
  In my home State of Illinois, the unemployment figures came out 
today, and, sadly, they have not gone down. It tells me we were late to 
the recession and we will probably be slow to the recovery. I am sorry 
to report that, but I think it may be the case. But, in the meantime, 
we have to create the climate for small business expansion, and we have 
to create the safety net for those who are out of work across America. 
The passage of this bill will help us to do that.
  Madam President, I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant editor of the Daily Digest proceeded to call the roll.
  The PRESIDING OFFICER. The majority leader.
  Mr. REID. Madam President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Madam President, first, I wish to express my appreciation 
to everyone in the Senate. This has been a good debate. Sides have been 
chosen, and I think the arguments were good on both sides. We had 
amendments on this. There were efforts made to just move forward and 
have a cloture vote on it. I thought this was the best way to go.
  So I appreciate everyone's cooperation. We didn't want to take these 
votes, but we took them, and I think it is better for the order.
  Madam President, I ask unanimous consent that at 5 p.m. today, the 
Senate proceed to vote in relation to the McCain amendment No. 3724; 
that upon disposition of the McCain amendment, no further amendments be 
in order; that the Senate then proceed to vote on the motion to invoke 
cloture on the Baucus amendment No. 3721, as modified; that if cloture 
is invoked, then all postcloture time be yielded back; the Baucus 
amendment as modified and amended, if amended, be agreed to; the bill 
then be read a third time; and following the reading of the pay-go 
letter from the chairman of the Budget Committee, the cloture motion 
with respect to the bill be withdrawn, the Senate then proceed to vote 
on passage of the bill, as amended, and that 2 minutes prior to the 
first vote be equally divided and controlled between Senators Baucus 
and McCain.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The Senator from Arizona.


                    Amendment No. 3724, as Modified

  Mr. McCAIN. Madam President, it is tax day. Americans are 
overburdened and taxed by an antiquated, complex, and oversized Tax 
Code. This year they will spend $100 billion in compliance-related 
expenses. Instead of offering proposals to reform the system, some are 
suggesting a new value-added tax which would increase taxes on average 
Americans and even further complicate our Tax Code. I believe it is an 
opportunity, with a sense-of-the-Senate resolution, for Members of 
Congress to say where they stand. This is their opportunity.
  I encourage my colleagues to support the amendment.
  The PRESIDING OFFICER. The Senator from Montana.
  Mr. BAUCUS. Madam President, the amendment by the Senator from 
Arizona would state a sense of the Senate that we should not adopt a 
value-added tax. Personally, I agree with him. I do not favor a value-
added tax. I, for one, would be happy to accept the amendment. I don't 
know if the Senator from Arizona wants a rollcall vote. I don't know if 
it is provided for. I hope we don't have to have one, but if he wants 
one, that is fine with me. The order states we will start voting at 5 
o'clock, and when we do get to the vote on the McCain amendment, I 
intend to vote for it.
  The PRESIDING OFFICER. Is all time yielded back?
  Mr. BAUCUS. I yield back my time.
  The PRESIDING OFFICER. The yeas and nays have been ordered.
  The question is on agreeing to the amendment.
  The clerk will call the roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Florida (Mr. Nelson) and 
the Senator from Virginia (Mr. Warner) are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Florida (Mr. Nelson) would vote ``yea.''
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 85, nays 13, as follows:

                      [Rollcall Vote No. 115 Leg.]

                                YEAS--85

     Alexander
     Barrasso
     Baucus
     Bayh
     Begich
     Bennet
     Bennett
     Bond
     Boxer
     Brown (MA)
     Brownback
     Bunning
     Burr
     Burris
     Cantwell
     Carper
     Casey
     Chambliss
     Coburn
     Cochran
     Collins
     Conrad
     Corker
     Cornyn
     Crapo
     DeMint
     Dodd
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Franken
     Gillibrand
     Graham
     Grassley
     Gregg
     Hagan
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Johanns
     Johnson
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     LeMieux
     Lieberman
     Lincoln
     Lugar
     McCain
     McCaskill
     McConnell
     Menendez
     Merkley
     Mikulski
     Murkowski
     Murray
     Nelson (NE)
     Pryor
     Reid
     Risch
     Roberts
     Rockefeller
     Sanders
     Schumer
     Sessions
     Shaheen
     Shelby
     Snowe
     Specter
     Stabenow
     Tester
     Thune
     Udall (CO)
     Vitter
     Wicker
     Wyden

                                NAYS--13

     Akaka
     Bingaman
     Brown (OH)
     Byrd
     Cardin
     Dorgan
     Kaufman
     Levin
     Reed
     Udall (NM)
     Voinovich
     Webb
     Whitehouse

                             NOT VOTING--2

     Nelson (FL)
     Warner
       
  The amendment (No. 3724), as modified, was agreed to.
  Mr. BAUCUS. I move to reconsider the vote, and I move to lay that 
motion on the table.
  The motion to lay on the table was agreed to.
  Mr. BAUCUS. Madam President, I ask consent that the next two votes be 
10-minute votes.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                             Cloture Motion

  The PRESIDING OFFICER. By unanimous consent, pursuant to rule XXII, 
the Chair lays before the Senate the pending cloture motion, which the 
clerk will report.
  The legislative clerk read as follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on the Baucus 
     substitute amendment No. 3721 to H.R. 4851, a bill to provide 
     a temporary extension of certain programs, and for other 
     purposes:
         John D. Rockefeller IV, Benjamin L. Cardin, Jeanne 
           Shaheen, Al Franken, Daniel K. Akaka, Kent Conrad, 
           Sheldon Whitehouse, Patty Murray, Tom Udall, Bernard 
           Sanders, Richard Durbin, Ron Wyden, Robert P. Casey, 
           Jr., Edward E. Kaufman, Patrick J. Leahy, Mark L. 
           Pryor, Byron L. Dorgan.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call has been waived.
  The question is, Is it the sense of the Senate that debate on 
amendment No. 3721, as modified, offered by the Senator from Montana, 
Mr. Baucus, to H.R. 4851, an act to provide a temporary extension of 
certain programs, and for other purposes, shall be brought to a close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Florida (Mr. Nelson) and 
the Senator from Virginia (Mr. Warner) are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Florida (Mr. Nelson) would vote ``yea.''
  The yeas and nays resulted--yeas 60, nays 38, as follows:

[[Page S2365]]

                      [Rollcall Vote No. 116 Leg.]

                                YEAS--60

     Akaka
     Baucus
     Bayh
     Begich
     Bennet
     Bingaman
     Boxer
     Brown (OH)
     Burris
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Conrad
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Inouye
     Johnson
     Kaufman
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (NE)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Snowe
     Specter
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Voinovich
     Webb
     Whitehouse
     Wyden

                                NAYS--38

     Alexander
     Barrasso
     Bennett
     Bond
     Brown (MA)
     Brownback
     Bunning
     Burr
     Chambliss
     Coburn
     Cochran
     Corker
     Cornyn
     Crapo
     DeMint
     Ensign
     Enzi
     Graham
     Grassley
     Gregg
     Hatch
     Hutchison
     Inhofe
     Isakson
     Johanns
     Kyl
     LeMieux
     Lugar
     McCain
     McConnell
     Murkowski
     Risch
     Roberts
     Sessions
     Shelby
     Thune
     Vitter
     Wicker

                             NOT VOTING--2

     Nelson (FL)
     Warner
  The PRESIDING OFFICER. On this vote, the yeas are 60, the nays are 
38. Three-fifths of the Senators duly chosen and sworn having voted in 
the affirmative, the motion is agreed to.
  Under the previous order, the amendment, as modified, is agreed to.
  The amendment was ordered to be engrossed, and the bill to be read a 
third time.
  The bill was read the third time.
  The PRESIDING OFFICER. The clerk will read the letter from the 
chairman of the Budget Committee.
  The legislative clerk read the following letter:
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

          Budgetary Effects of PAYGO Legislation for H.R. 4851

                   Senator Kent Conrad, Apr. 15, 2010

       Mr. CONRAD: This is the Statement of Budgetary Effects of 
     PAYGO Legislation for H.R. 4851, as amended by S.A. 3721, as 
     modified. This statement has been prepared pursuant to 
     Section 4 of the Statutory Pay-As-You-Go Act of 2010 (Public 
     Law 111-139), and is being submitted for printing in the 
     Congressional Record prior to passage of H.R. 4851, as 
     amended, by the Senate.

       Total Budgetary Effects of H.R. 4851:
       2010-2015--net increase in deficit of $18.192 billion.
       2010-2020--net increase in deficit of $18.229 billion.
       Reduction of Total Budgetary Effects for Current Policy 
     under Section 7:
       2010-2015--$2.115 billion pursuant to section 7(c).
       2010-2020--$2.115 billion pursuant to section 7(c).
       Reduction of Total Budgetary Effects for Provisions 
     Designated as an Emergency under Section 4(g):
       2010-2015--$16.077 billion.
       2010-2020--$16.114 billion.
       Total Budgetary Effects of H.R. 4851 for the 5-year 
     Statutory PAYGO Scorecard: $0.
       Total Budgetary Effects of H.R. 4851 for the 10-year 
     Statutory PAYGO Scorecard: $0.

       Also submitted for the Record as part of this statement is 
     a table prepared by the Congressional Budget Office, which 
     provides additional information on the budgetary effects of 
     this Act.

                                  AMENDMENT NO. 3721, AS MODIFIED, TO H.R. 4851, THE CONTINUING EXTENSION ACT OF 2010, AS PROPOSED BY SENATOR BAUCUS (MAT10352)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              By fiscal year, in millions of dollars--
                                                                   -----------------------------------------------------------------------------------------------------------------------------
                                                                       2010       2011     2012     2013     2014     2015     2016     2017     2018     2019     2020    2015-2015   2010-2020
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           NET INCREASE OR DECREASE (-) IN THE DEFICIT
 
Total Changes.....................................................      15,629    1,870      262      225      143       61       52      -10       -5        0        0      18,192      18,229
Less:
    Designated as Emergency Requirements a........................      13,514    1,870      262      225      143       61       52      -10       -5        0        0      16,077      16,114
    Current-Policy Adjustment b...................................       2,115        0        0        0        0        0        0        0        0        0        0       2,115       2,115
Statutory Pay-As-You-Go Impact....................................           0        0        0        0        0        0        0        0        0        0        0           0           0
Memorandum: Components of the Emergency Designations:
    Change in Outlays.............................................      12,222    1,069       26        5        0        0        0        0        0        0        0      13,324      13,324
    Changes in Revenues...........................................      -1,292     -801     -236     -220     -143      -61      -52       10        5        0        0      -2,753      -2,790
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: Components may not sum to totals because of rounding.
a Section 11(c) of the Continuing Extension Act of 2010 would designate all sections of the Act, except section 4, as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-
  You-Go-Act of 2010.
bSection 7(c) of the Statutory Pay-As-You-Go Act of 2010 provides for current-policy adjustments related to Medicare payments to physicians.
Sources: Congressional Budget Office and Joint Committee on Taxation.

  Mr. BAUCUS. Madam President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There appears to 
be a sufficient second.
  Under the previous order, the cloture motion on the bill is 
withdrawn.
  The bill having been read the third time, the question is, Shall the 
bill pass? The yeas and nays have been ordered. The clerk will call the 
roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Indiana (Mr. Bayh), the 
Senator from Florida (Mr. Nelson), and the Senator from Virginia (Mr. 
Warner) are necessarily absent.
  I further announce that, if present and voting, the Senator from 
Florida (Mr. Nelson) would vote ``aye.''
  The PRESIDING OFFICER (Mr. Burris). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 59, nays 38, as follows:

                      [Rollcall Vote No. 117 Leg.]

                                YEAS--59

     Akaka
     Baucus
     Begich
     Bennet
     Bingaman
     Boxer
     Brown (OH)
     Burris
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Collins
     Conrad
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Inouye
     Johnson
     Kaufman
     Kerry
     Klobuchar
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (NE)
     Pryor
     Reed
     Reid
     Rockefeller
     Sanders
     Schumer
     Shaheen
     Snowe
     Specter
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Voinovich
     Webb
     Whitehouse
     Wyden

                                NAYS--38

     Alexander
     Barrasso
     Bennett
     Bond
     Brown (MA)
     Brownback
     Bunning
     Burr
     Chambliss
     Coburn
     Cochran
     Corker
     Cornyn
     Crapo
     DeMint
     Ensign
     Enzi
     Graham
     Grassley
     Gregg
     Hatch
     Hutchison
     Inhofe
     Isakson
     Johanns
     Kyl
     LeMieux
     Lugar
     McCain
     McConnell
     Murkowski
     Risch
     Roberts
     Sessions
     Shelby
     Thune
     Vitter
     Wicker

                             NOT VOTING--3

     Bayh
     Nelson (FL)
     Warner
  The bill (H.R. 4851), as amended, was passed, as follows:

                               H.R. 4851

       Resolved, That the bill from the House of Representatives 
     (H.R. 4851) entitled ``An Act to provide a temporary 
     extension of certain programs, and for other purposes.'', do 
     pass with the following amendment:
       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

[[Page S2366]]

       (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 2(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.--
       (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. EXTENSION OF SMALL BUSINESS LOAN GUARANTEE PROGRAM.

       (a) Appropriation.--There is appropriated, out of any funds 
     in the Treasury not otherwise appropriated, $80,000,000, for 
     an additional amount for ``Small Business Administration--
     Business Loans Program Account'', to remain available until 
     expended, for the cost of 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) 
     and 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 shall be as defined in section 502 of the 
     Congressional Budget Act of 1974.
       (b) Extension of Sunset Date.--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 ``April 30, 
     2010'' and inserting ``May 31, 2010''.

     SEC. 11. SENSE OF THE SENATE REGARDING A VALUE ADDED TAX.

       It is the sense of the Senate that the Value Added Tax is a 
     massive tax increase that will cripple families on fixed 
     income and only further push back America's economic recovery 
     and the Senate opposes a Value Added Tax.

     SEC. 12. 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)).

  Mr. LEVIN. Mr. President, it is unfortunate that this vote comes 
today and not 2 weeks ago. While we delayed taking action, thousands of 
people in my state, and millions across the country, worried that these 
benefits, benefits that provide a thin buffer between their families 
and disaster, would disappear. These families are suffering through the 
anxiety and frustration of job loss not because of anything they did, 
but because of a crisis spawned in Wall Street banks and unscrupulous 
mortgage companies.
  This bill takes a number of important steps to alleviate the effects 
of the financial crisis. It would extend the unemployment and COBRA 
health insurance benefits on which so many families depend until early 
June. While we have seen recent signs of improvement in employment, the 
unemployment rate in Michigan, and the Nation, remains unacceptably 
high, making these extensions all the more necessary. According to the 
governor's office, more than 125,000 Michiganians will exhaust their 
unemployment benefits.
  We should keep in mind, too, that extending these benefits not only 
helps families struggling to put food on the table and a roof overhead; 
it helps all

[[Page S2367]]

of us, by contributing to our economic recovery. There is widespread 
agreement that benefits such as unemployment payments give us the 
biggest ``bang for the buck'' in terms of economic stimulus. By 
extending these benefits, we will give continued support to an economy 
struggling to recover, an effort that benefits all Americans.
  I encourage my colleagues to place the interests of struggling 
American families, and the economic recovery, clearly before us, and to 
pass this much-needed extension.

                          ____________________