S. 3173

Continuing Extension Act of 2010

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II

111th CONGRESS

2d Session

S. 3173

IN THE SENATE OF THE UNITED STATES

March 25, 2010

Mr. Coburn introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To fully offset the cost of the extension of unemployment benefits and other Federal aid.

1.

Rescission of unspent and uncommitted Federal funds

(a)

In general

Notwithstanding any other provision of law, of all available unobligated Federal funds, $9,200,000,000 in discretionary, unexpired funds are rescinded.

(b)

Implementation

Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall—

(1)

identify the accounts and amounts rescinded to implement subsection (a); and

(2)

submit a report to the Secretary of the Treasury and Congress of the accounts and amounts identified under paragraph (1) for rescission.

2.

Short title

This Act may be cited as the Continuing Extension Act of 2010.

3.

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 May 5, 2010;

(B)

in the heading for subsection (b)(2), by striking april 5, 2010 and inserting may 5, 2010; and

(C)

in subsection (b)(3), by striking September 4, 2010 and inserting October 2, 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 May 5, 2010;

(B)

in the heading for paragraph (2), by striking april 5, 2010 and inserting may 5, 2010; and

(C)

in paragraph (3), by striking October 5, 2010 and inserting November 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 April 5, 2010 each place it appears and inserting May 5, 2010; and

(B)

in subsection (c), by striking September 4, 2010 and inserting October 2, 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 October 2, 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; and

(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 amendments made by section 2 of the Temporary Extension Act of 2010 (Public Law 111–144).

4.

Extension and improvement of premium assistance for COBRA benefits

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 April 30, 2010.

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) 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 April 30, 2010; and

(2)

in subparagraph (B), by striking April 1, 2010 and inserting May 1, 2010.

6.

Extension of Medicare therapy caps exceptions process

Section 1833(g)(5) of the Social Security Act (42 U.S.C. 1395l(g)(5)), as amended by section 6 of the Temporary Extension Act of 2010 (Public Law 111–144), is amended by striking March 31, 2009 and inserting April 30, 2010.

7.

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.

8.

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 April 30, 2010.

9.

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 April 30, 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.

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 March 28, 2010 and inserting April 30, 2010; and

(B)

in subsection (e), by striking March 28, 2010 and inserting April 30, 2010.

(2)

Termination of license

Section 1003(a)(2)(A) of Public Law 111–118 is amended by striking March 28, 2010, and inserting April 30, 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 March 28, 2010 and inserting April 30, 2010; and

(2)

in paragraph (3)(C), by striking March 29, 2010 each place it appears in clauses (ii) and (iii) and inserting May 1, 2010.

11.

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.

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 Committee on the Budget of the House of Representatives, 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)).