In the Senate of the United States, 

April 15, 2010. 

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: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Continuing Extension 

3 Act of 2010’’. 

4 SEC. 2. EXTENSION OF UNEMPLOYMENT INSURANCE PRO5 VISIONS. 

6 (a) IN GENERAL.—(1) Section 4007 of the Supple7 mental Appropriations Act, 2008 (Public Law 110–252; 26 

8 U.S.C. 3304 note) is amended— 

9 (A) by striking ‘‘April 5, 2010’’ each place it ap10 pears and inserting ‘‘June 2, 2010’’; 
2 

† HR 4851 EAS 

1 (B) in the heading for subsection (b)(2), by strik2 ing ‘‘APRIL 5, 2010’’ and inserting ‘‘JUNE 2, 2010’’; and 

3 (C) in subsection (b)(3), by striking ‘‘September 

4 4, 2010’’ and inserting ‘‘November 6, 2010’’. 

5 (2) Section 2002(e) of the Assistance for Unemployed 

6 Workers and Struggling Families Act, as contained in Pub7 lic Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 438), is 

8 amended— 

9 (A) in paragraph (1)(B), by striking ‘‘April 5, 

10 2010’’ and inserting ‘‘June 2, 2010’’; 

11 (B) in the heading for paragraph (2), by strik12 ing ‘‘APRIL 5, 2010’’ and inserting ‘‘JUNE 2, 2010’’; and 

13 (C) in paragraph (3), by striking ‘‘October 5, 

14 2010’’ and inserting ‘‘December 7, 2010’’. 

15 (3) Section 2005 of the Assistance for Unemployed 

16 Workers and Struggling Families Act, as contained in Pub17 lic Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 444), is 

18 amended— 

19 (A) by striking ‘‘April 5, 2010’’ each place it ap20 pears and inserting ‘‘June 2, 2010’’; and 

21 (B) in subsection (c), by striking ‘‘September 4, 

22 2010’’ and inserting ‘‘November 6, 2010’’. 

23 (4) Section 5 of the Unemployment Compensation Ex24 tension Act of 2008 (Public Law 110–449; 26 U.S.C. 3304 
3 

† HR 4851 EAS 

1 note) is amended by striking ‘‘September 4, 2010’’ and in2 serting ‘‘November 6, 2010’’. 

3 (b) FUNDING.—Section 4004(e)(1) of the Supplemental 

4 Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 

5 3304 note) is amended— 

6 (1) in subparagraph (C), by striking ‘‘and’’ at 

7 the end; 

8 (2) by inserting after subparagraph (D) the fol9 lowing new subparagraph: 

10 ‘‘(E) the amendments made by section 

11 2(a)(1) of the Continuing Extension Act of 2010; 

12 and’’. 

13 (c) EFFECTIVE DATE.—The amendments made by this 

14 section shall take effect as if included in the enactment of 

15 the Temporary Extension Act of 2010 (Public Law 111– 

16 144). 

17 SEC. 3. EXTENSION AND IMPROVEMENT OF PREMIUM AS18 SISTANCE FOR COBRA BENEFITS. 

19 (a) EXTENSION OF ELIGIBILITY PERIOD.—Subsection 

20 (a)(3)(A) of section 3001 of division B of the American Re21 covery and Reinvestment Act of 2009 (Public Law 111–5), 

22 as amended by section 3(a) of the Temporary Extension Act 

23 of 2010 (Public Law 111–144), is amended by striking 

24 ‘‘March 31, 2010’’ and inserting ‘‘May 31, 2010’’. 
4 

† HR 4851 EAS 

1 (b) RULES RELATING TO 2010 EXTENSION.—Sub2 section (a) of section 3001 of division B of the American 

3 Recovery and Reinvestment Act of 2009 (Public Law 111– 

4 5), as amended by section 3(b) of the Temporary Extension 

5 Act of 2010 (Public Law 111–144), is amended by adding 

6 at the end the following: 

7 ‘‘(18) RULES RELATED TO APRIL AND MAY 2010

8 EXTENSION.—In the case of an individual who, with 

9 regard to coverage described in paragraph (10)(B), 

10 experiences a qualifying event related to a termi11 nation of employment on or after April 1, 2010 and 

12 prior to the date of the enactment of this paragraph, 

13 rules similar to those in paragraphs (4)(A) and 

14 (7)(C) shall apply with respect to all continuation 

15 coverage, including State continuation coverage pro16 grams.’’. 

17 (c) EFFECTIVE DATE.—The amendments made by this 

18 section shall take effect as if included in the provisions of 

19 section 3001 of division B of the American Recovery and 

20 Reinvestment Act of 2009. 

21 SEC. 4. INCREASE IN THE MEDICARE PHYSICIAN PAYMENT 

22 UPDATE. 

23 Paragraph (10) of section 1848(d) of the Social Secu24 rity Act, as added by section 1011(a) of the Department 

25 of Defense Appropriations Act, 2010 (Public Law 111–118) 
5 

† HR 4851 EAS 

1 and as amended by section 5 of the Temporary Extension 

2 Act of 2010 (Public Law 111–144), is amended— 

3 (1) in subparagraph (A), by striking ‘‘March 31, 

4 2010’’ and inserting ‘‘May 31, 2010’’; and 

5 (2) in subparagraph (B), by striking ‘‘April 1, 

6 2010’’ and inserting ‘‘June 1, 2010’’. 

7 SEC. 5. EHR CLARIFICATION. 

8 (a) QUALIFICATION FOR CLINIC-BASED PHYSICIANS.— 

9 (1) MEDICARE.—Section 1848(o)(1)(C)(ii) of the 

10 Social Security Act (42 U.S.C. 1395w–4(o)(1)(C)(ii)) 

11 is amended by striking ‘‘setting (whether inpatient or 

12 outpatient)’’ and inserting ‘‘inpatient or emergency 

13 room setting’’. 

14 (2) MEDICAID.—Section 1903(t)(3)(D) of the So15 cial Security Act (42 U.S.C. 1396b(t)(3)(D)) is 

16 amended by striking ‘‘setting (whether inpatient or 

17 outpatient)’’ and inserting ‘‘inpatient or emergency 

18 room setting’’. 

19 (b) EFFECTIVE DATE.—The amendments made by sub20 section (a) shall be effective as if included in the enactment 

21 of the HITECH Act (included in the American Recovery 

22 and Reinvestment Act of 2009 (Public Law 111–5)). 

23 (c) IMPLEMENTATION.—Notwithstanding any other 

24 provision of law, the Secretary of Health and Human Serv-
6 

† HR 4851 EAS 

1 ices may implement the amendments made by this section 

2 by program instruction or otherwise. 

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

4 Section 1012 of the Department of Defense Appropria5 tions Act, 2010 (Public Law 111–118), as amended by sec6 tion 7 of the Temporary Extension Act of 2010 (Public Law 

7 111–144), is amended by striking ‘‘March 31, 2010’’ and 

8 inserting ‘‘May 31, 2010’’. 

9 SEC. 7. EXTENSION OF NATIONAL FLOOD INSURANCE PRO10 GRAM. 

11 (a) EXTENSION.—Section 129 of the Continuing Ap12 propriations Resolution, 2010 (Public Law 111–68), as 

13 amended by section 8 of Public Law 111–144, is amended 

14 by striking ‘‘by substituting’’ and all that follows through 

15 the period at the end and inserting ‘‘by substituting May 

16 31, 2010, for the date specified in each such section.’’. 

17 (b) EFFECTIVE DATE.—The amendments made by sub18 section (a) shall be considered to have taken effect on Feb19 ruary 28, 2010. 

20 SEC. 8. COMPENSATION AND RATIFICATION OF AUTHORITY 

21 RELATED TO LAPSE IN HIGHWAY PROGRAMS. 

22 (a) COMPENSATION FOR FEDERAL EMPLOYEES.—Any 

23 Federal employees furloughed as a result of the lapse in ex24 penditure authority from the Highway Trust Fund after 

25 11:59 p.m. on February 28, 2010, through March 2, 2010, 
7 

† HR 4851 EAS 

1 shall be compensated for the period of that lapse at their 

2 standard rates of compensation, as determined under poli3 cies established by the Secretary of Transportation. 

4 (b) RATIFICATION OF ESSENTIAL ACTIONS.—All ac5 tions taken by Federal employees, contractors, and grantees 

6 for the purposes of maintaining the essential level of Gov7 ernment operations, services, and activities to protect life 

8 and property and to bring about orderly termination of 

9 Government functions during the lapse in expenditure au10 thority from the Highway Trust Fund after 11:59 p.m. on 

11 February 28, 2010, through March 2, 2010, are hereby rati12 fied and approved if otherwise in accord with the provisions 

13 of the Continuing Appropriations Resolution, 2010 (divi14 sion B of Public Law 111–68). 

15 (c) FUNDING.—Funds used by the Secretary to com16 pensate employees described in subsection (a) shall be de17 rived from funds previously authorized out of the Highway 

18 Trust Fund and made available or limited to the Depart19 ment of Transportation by the Consolidated Appropriations 

20 Act, 2010 (Public Law 111–117) and shall be subject to the 

21 obligation limitations established in such Act. 

22 (d) EXPENDITURES FROM HIGHWAY TRUST FUND.— 

23 To permit expenditures from the Highway Trust Fund to 

24 effectuate the purposes of this section, this section shall be 

25 deemed to be a section of the Continuing Appropriations 
8 

† HR 4851 EAS 

1 Resolution, 2010 (division B of Public Law 111–68), as in 

2 effect on the date of the enactment of the last amendment 

3 to such Resolution. 

4 SEC. 9. SATELLITE TELEVISION EXTENSION. 

5 (a) AMENDMENTS TO SECTION 119 OF TITLE 17, 

6 UNITED STATES CODE.— 

7 (1) IN GENERAL.—Section 119 of title 17, 

8 United States Code, is amended— 

9 (A) in subsection (c)(1)(E), by striking 

10 ‘‘April 30, 2010’’ and inserting ‘‘May 31, 2010’’; 

11 and 

12 (B) in subsection (e), by striking ‘‘April 30, 

13 2010’’ and inserting ‘‘May 31, 2010’’. 

14 (2) TERMINATION OF LICENSE.—Section 

15 1003(a)(2)(A) of Public Law 111–118 is amended by 

16 striking ‘‘April 30, 2010’’, and inserting ‘‘May 31, 

17 2010’’. 

18 (b) AMENDMENTS TO COMMUNICATIONS ACT OF

19 1934.—Section 325(b) of the Communications Act of 1934 

20 (47 U.S.C. 325(b)) is amended— 

21 (1) in paragraph (2)(C), by striking ‘‘April 30, 

22 2010’’ and inserting ‘‘May 31, 2010’’; and 

23 (2) in paragraph (3)(C), by striking ‘‘May 1, 

24 2010’’ each place it appears in clauses (ii) and (iii) 

25 and inserting ‘‘June 1, 2010’’. 
9 

† HR 4851 EAS 

1 SEC. 10. EXTENSION OF SMALL BUSINESS LOAN GUAR2 ANTEE PROGRAM. 

3 (a) APPROPRIATION.—There is appropriated, out of 

4 any funds in the Treasury not otherwise appropriated, 

5 $80,000,000, for an additional amount for ‘‘Small Business 

6 Administration—Business Loans Program Account’’, to re7 main available until expended, for the cost of fee reductions 

8 and eliminations under section 501 of division A of the 

9 American Recovery and Reinvestment Act of 2009 (Public 

10 Law 111–5; 123 Stat. 151) and loan guarantees under sec11 tion 502 of division A of the American Recovery and Rein12 vestment Act of 2009 (Public Law 111–5; 123 Stat. 152), 

13 as amended by this section: Provided, That such costs shall 

14 be as defined in section 502 of the Congressional Budget 

15 Act of 1974. 

16 (b) EXTENSION OF SUNSET DATE.—Section 502(f) of 

17 division A of the American Recovery and Reinvestment Act 

18 of 2009 (Public Law 111–5; 123 Stat. 153) is amended by 

19 striking ‘‘April 30, 2010’’ and inserting ‘‘May 31, 2010’’. 

20 SEC. 11. SENSE OF THE SENATE REGARDING A VALUE 

21 ADDED TAX. 

22 It is the sense of the Senate that the Value Added Tax 

23 is a massive tax increase that will cripple families on fixed 

24 income and only further push back America’s economic re25 covery and the Senate opposes a Value Added Tax. 
10 

† HR 4851 EAS 

1 SEC. 12. DETERMINATION OF BUDGETARY EFFECTS. 

2 (a) IN GENERAL.—The budgetary effects of this Act, 

3 for the purpose of complying with the Statutory Pay-As4 You-Go Act of 2010, shall be determined by reference to the 

5 latest statement titled ‘‘Budgetary Effects of PAYGO Legis6 lation’’ for this Act, submitted for printing in the Congres7 sional Record by the Chairman of the Senate Budget Com8 mittee, provided that such statement has been submitted 

9 prior to the vote on passage. 

10 (b) EMERGENCY DESIGNATION FOR CONGRESSIONAL

11 ENFORCEMENT.—This Act, with the exception of section 4, 

12 is designated as an emergency for purposes of pay-as-you13 go principles. In the Senate, this Act is designated as an 

14 emergency requirement pursuant to section 403(a) of S. 

15 Con. Res. 13 (111th Congress), the concurrent resolution on 

16 the budget for fiscal year 2010. 

17 (c) EMERGENCY DESIGNATION FOR STATUTORY

18 PAYGO.—This Act, with the exception of section 4, is des19 ignated as an emergency requirement pursuant to section 

20 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public 

21 Law 111–139; 2 U.S.C. 933(g)). 

Attest: 

Secretary. 

111TH CONGRESS 

2D SESSION H.R. 4851 

AMENDMENT