S.Amdt. 3728

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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