[Congressional Record Volume 156, Number 53 (Thursday, April 15, 2010)]
[Senate]
[Pages S2391-S2392]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3728. Mr. BUNNING submitted an amendment intended to be proposed 
to amendment SA 3721 proposed by Mr. Baucus 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:

       Strike all after the first word 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 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''.

[[Page S2392]]

     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. 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)).

     SEC. 12. SEQUESTRATION IF NET INCREASE TO DEFICIT IS NOT 
                   OFFSET WITHIN 90 DAYS.

       (a) Sequestration Order.--Not later than 90 days after the 
     date of the enactment of the Act, the Office of Management 
     and Budget shall prepare and the President shall issue a 
     sequestration order that, upon issuance, shall reduce 
     budgetary resources of direct spending programs by enough to 
     offset the net increase in the Federal budget deficit from 
     fiscal years 2010 through 2020 caused by the enactment of 
     this Act and any subsequent amendments to this Act enacted 
     within 90 days of the date of the enactment of this Act. The 
     Office of Management and Budget shall transmit the order and 
     a report on the order to the House of Representatives and the 
     Senate. If the President issues a sequestration order, the 
     report accompanying the order shall contain, for each budget 
     account to be sequestered, estimates of the baseline level of 
     budgetary resources to be sequestered, and the outlay 
     reductions that will occur in the budget year and the 
     subsequent fiscal year because of that sequestration.
       (b) Reducing Nonexempt Budgetary Resources by a Uniform 
     Percentage.--
       (1) In general.--The Office of Management and Budget shall 
     calculate the uniform percentage by which the budgetary 
     resources of nonexempt direct spending programs are to be 
     sequestered such that the outlay savings resulting from that 
     sequestration, as calculated under subsection (c), shall 
     offset the increase in the deficit, if any, caused by the 
     enactment of this Act and subsequent amendments to this Act 
     enacted within 90 days of the date of the enactment of this 
     Act.
       (2) Programs and activities in unified budget only.--
     Subject to an exception for Medicare and the exemptions set 
     forth in section 255 of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, the Office of Management and 
     Budget shall determine the uniform percentage required under 
     paragraph (1) with respect to programs and activities 
     contained in the unified budget only.
       (c) Outlay Savings.--In determining the amount by which a 
     sequestration offsets the impact of this Act on the Federal 
     budget deficit, the Office of Management and Budget shall 
     count--
       (1) the amount by which the sequestration in a crop year of 
     crop support payments, pursuant to section 256(j) of Balanced 
     Budget and Emergency Deficit Control Act of 1985, reduces 
     outlays in the budget year and the subsequent fiscal year; 
     and
       (2) the amount by which the sequestration in the budget 
     year of the budgetary resources of other nonexempt mandatory 
     programs reduces outlays in the budget year and in the 
     subsequent fiscal year.

     SEC. 13. UNEMPLOYMENT INSURANCE PROGRAM INTEGRITY.

       (a) Reporting of First Day of Earnings to Directory of New 
     Hires.--
       (1) In general.--Section 453A(b)(1)(A) of the Social 
     Security Act (42 U.S.C. 653a(b)(1)(A)) is amended by 
     inserting ``the date services for remuneration were first 
     performed by the employee,'' after ``of the employee,''.
       (2) Reporting format and method.--Section 453A(c) of the 
     Social Security Act (42 U.S.C. 653a(c)) is amended by 
     inserting ``, to the extent practicable,'' after ``Each 
     report required by subsection (b) shall''.
       (3) Effective date.--
       (A) In general.--Subject to subparagraph (B), the 
     amendments made by this subsection shall take effect 6 months 
     after the date of enactment of this Act.
       (B) Compliance transition period.--If the Secretary of 
     Health and Human Services determines that State legislation 
     (other than legislation appropriating funds) is required in 
     order for a State plan under part D of title IV of the Social 
     Security Act to meet the additional requirements imposed by 
     the amendment made by paragraph (1), the plan shall not be 
     regarded as failing to meet such requirements before the 
     first day of the second calendar quarter beginning after the 
     close of the first regular session of the State legislature 
     that begins after the effective date of such amendment. If 
     the State has a 2-year legislative session, each year of the 
     session is deemed to be a separate regular session of the 
     State legislature.
       (b) Extension and Modification of Collection of Past-Due 
     Debt for Erroneous Payment of Unemployment Compensation.--
       (1) Permanent extension.--Subsection (f) of section 6402 of 
     the Internal Revenue Code of 1986 is amended by striking 
     paragraph (8).
       (2) Collection in all states.--Subsection (f) of section 
     6402 of the Internal Revenue Code of 1986, as amended by 
     paragraph (1), is amended by striking paragraph (3) and 
     redesignating paragraphs (4) through (7) as paragraphs (3) 
     through (6), respectively.
       (3) Collection for reasons other than fraud.--
       (A) In general.--Paragraph (4) of section 6402(f) of such 
     Code, as redesignated by paragraph (2), is amended by 
     striking ``due to fraud'' each place it appears.
       (B) Conforming amendments.--Section 6402(f) of such Code is 
     amended--
       (i) in paragraph (3), as redesignated by paragraph (2)--

       (I) by striking ``or due to fraud'' in subparagraph (B), 
     and
       (II) by striking ``and due to fraud'' in subparagraph (C), 
     and

       (ii) in the heading, by striking ``Resulting From Fraud''.
       (4) Effective date.--The amendments made by this subsection 
     shall apply to refunds payable on or after the date of the 
     enactment of this Act.

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