II 

Calendar No. 323 

111TH CONGRESS 

2D SESSION H. R. 4851 

IN THE SENATE OF THE UNITED STATES 

MARCH 17, 2010 

Received 

MARCH 18, 2010 

Read the first time 

MARCH 19, 2010 

Read the second time and placed on the calendar 

AN ACT 

To provide a temporary extension of certain programs, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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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; 

8 26 U.S.C. 3304 note) is amended— 

9 (A) by striking ‘‘April 5, 2010’’ each place it 

10 appears and inserting ‘‘May 5, 2010’’; 

11 (B) in the heading for subsection (b)(2), by 

12 striking ‘‘APRIL 5, 2010’’ and inserting ‘‘MAY 5, 

13 2010’’; and 

14 (C) in subsection (b)(3), by striking ‘‘Sep15 tember 4, 2010’’ and inserting ‘‘October 2, 2010’’. 

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

17 Workers and Struggling Families Act, as contained in 

18 Public Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 438), 

19 is amended— 

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

21 2010’’ and inserting ‘‘May 5, 2010’’; 

22 (B) in the heading for paragraph (2), by strik23 ing ‘‘APRIL 5, 2010’’ and inserting ‘‘MAY 5, 2010’’; 

24 and 

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

26 2010’’ and inserting ‘‘November 5, 2010’’. 


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1 (3) Section 2005 of the Assistance for Unemployed 

2 Workers and Struggling Families Act, as contained in 

3 Public Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 444), 

4 is amended— 

5 (A) by striking ‘‘April 5, 2010’’ each place it 

6 appears and inserting ‘‘May 5, 2010’’; and 

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

8 2010’’ and inserting ‘‘October 2, 2010’’. 

9 (4) Section 5 of the Unemployment Compensation 

10 Extension Act of 2008 (Public Law 110–449; 26 U.S.C. 

11 3304 note) is amended by striking ‘‘September 4, 2010’’ 

12 and inserting ‘‘October 2, 2010’’. 

13 (b) FUNDING.—Section 4004(e)(1) of the Supple14 mental Appropriations Act, 2008 (Public Law 110–252; 

15 26 U.S.C. 3304 note) is amended— 

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

17 the end; 

18 (2) by inserting after subparagraph (D) the fol19 lowing new subparagraph: 

20 ‘‘(E) the amendments made by section 

21 2(a)(1) of the Continuing Extension Act of 

22 2010; and’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect as if included in the amendVerDate Nov 24 2008 21:25 Mar 19, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4851.PCS H4851

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1 ments made by section 2 of the Temporary Extension Act 

2 of 2010 (Public Law 111–144). 

3 SEC. 3. EXTENSION AND IMPROVEMENT OF PREMIUM AS4 SISTANCE FOR COBRA BENEFITS. 

5 Subsection (a)(3)(A) of section 3001 of division B of 

6 the American Recovery and Reinvestment Act of 2009 

7 (Public Law 111–5), as amended by section 3(a) of the 

8 Temporary Extension Act of 2010 (Public Law 111–144), 

9 is amended by striking ‘‘March 31, 2010’’ and inserting 

10 ‘‘April 30, 2010’’. 

11 SEC. 4. INCREASE IN THE MEDICARE PHYSICIAN PAYMENT 

12 UPDATE. 

13 Paragraph (10) of section 1848(d) of the Social Secu14 rity Act, as added by section 1011(a) of the Department 

15 of Defense Appropriations Act, 2010 (Public Law 111– 

16 118) and as amended by section 5 of the Temporary Ex17 tension Act of 2010 (Public Law 111–144), is amended— 

18 (1) in subparagraph (A), by striking ‘‘March 

19 31, 2010’’ and inserting ‘‘April 30, 2010’’; and 

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

21 2010’’ and inserting ‘‘May 1, 2010’’. 

22 SEC. 5. EXTENSION OF MEDICARE THERAPY CAPS EXCEP23 TIONS PROCESS. 

24 Section 1833(g)(5) of the Social Security Act (42 

25 U.S.C. 1395l(g)(5)), as amended by section 6 of the TemVerDate Nov 24 2008 21:25 Mar 19, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4851.PCS H4851

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1 porary Extension Act of 2010 (Public Law 111–144), is 

2 amended by striking ‘‘March 31, 2009’’ and inserting 

3 ‘‘April 30, 2010’’. 

4 SEC. 6. EHR CLARIFICATION. 

5 (a) QUALIFICATION FOR CLINIC-BASED PHYSI6 CIANS.— 

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

8 the Social Security Act (42 U.S.C. 1395w– 

9 4(o)(1)(C)(ii)) is amended by striking ‘‘setting 

10 (whether inpatient or outpatient)’’ and inserting ‘‘in11 patient or emergency room setting’’. 

12 (2) MEDICAID.—Section 1903(t)(3)(D) of the 

13 Social Security Act (42 U.S.C. 1396b(t)(3)(D)) is 

14 amended by striking ‘‘setting (whether inpatient or 

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

16 room setting’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 subsection (a) shall be effective as if included in the enact19 ment of the HITECH Act (included in the American Re20 covery and Reinvestment Act of 2009 (Public Law 111– 

21 5)). 

22 (c) IMPLEMENTATION.—Notwithstanding any other 

23 provision of law, the Secretary of Health and Human 

24 Services may implement the amendments made by this 

25 section by program instruction or otherwise. 


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1 SEC. 7. EXTENSION OF USE OF 2009 POVERTY GUIDELINES. 

2 Section 1012 of the Department of Defense Appro3 priations Act, 2010 (Public Law 111–118), as amended 

4 by section 7 of the Temporary Extension Act of 2010 

5 (Public Law 111–144), is amended by striking ‘‘March 31, 

6 2010’’ and inserting ‘‘April 30, 2010’’. 

7 SEC. 8. EXTENSION OF NATIONAL FLOOD INSURANCE PRO8 GRAM. 

9 (a) EXTENSION.—Section 129 of the Continuing Ap10 propriations Resolution, 2010 (Public Law 111–68), as 

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

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

13 the period at the end and inserting ‘‘by substituting April 

14 30, 2010, for the date specified in each such section.’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 subsection (a) shall be considered to have taken effect on 

17 February 28, 2010. 

18 SEC. 9. SATELLITE TELEVISION EXTENSION. 

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

20 UNITED STATES CODE.— 

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

22 United States Code, is amended— 

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

24 ‘‘March 28, 2010’’ and inserting ‘‘April 30, 

25 2010’’; and 


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1 (B) in subsection (e), by striking ‘‘March 

2 28, 2010’’ and inserting ‘‘April 30, 2010’’. 

3 (2) TERMINATION OF LICENSE.—Section 

4 1003(a)(2)(A) of Public Law 111–118 is amended 

5 by striking ‘‘March 28, 2010’’, and inserting ‘‘April 

6 30, 2010’’. 

7 (b) AMENDMENTS TO COMMUNICATIONS ACT OF

8 1934.—Section 325(b) of the Communications Act of 

9 1934 (47 U.S.C. 325(b)) is amended— 

10 (1) in paragraph (2)(C), by striking ‘‘March 28, 

11 2010’’ and inserting ‘‘April 30, 2010’’; and 

12 (2) in paragraph (3)(C), by striking ‘‘March 29, 

13 2010’’ each place it appears in clauses (ii) and (iii) 

14 and inserting ‘‘May 1, 2010’’. 

15 SEC. 10. COMPENSATION AND RATIFICATION OF AUTHOR16 ITY RELATED TO LAPSE IN HIGHWAY PRO17 GRAMS. 

18 (a) COMPENSATION FOR FEDERAL EMPLOYEES.— 

19 Any Federal employees furloughed as a result of the lapse 

20 in expenditure authority from the Highway Trust Fund 

21 after 11:59 p.m. on February 28, 2010, through March 

22 2, 2010, shall be compensated for the period of that lapse 

23 at their standard rates of compensation, as determined 

24 under policies established by the Secretary of Transpor25 tation. 


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1 (b) RATIFICATION OF ESSENTIAL ACTIONS.—All ac2 tions taken by Federal employees, contractors, and grant3 ees for the purposes of maintaining the essential level of 

4 Government operations, services, and activities to protect 

5 life and property and to bring about orderly termination 

6 of Government functions during the lapse in expenditure 

7 authority from the Highway Trust Fund after 11:59 p.m. 

8 on February 28, 2010, through March 2, 2010, are hereby 

9 ratified and approved if otherwise in accord with the provi10 sions of the Continuing Appropriations Resolution, 2010 

11 (division B of Public Law 111–68). 

12 (c) FUNDING.—Funds used by the Secretary to com13 pensate employees described in subsection (a) shall be de14 rived from funds previously authorized out of the Highway 

15 Trust Fund and made available or limited to the Depart16 ment of Transportation by the Consolidated Appropria17 tions Act, 2010 (Public Law 111–117) and shall be sub18 ject to the obligation limitations established in such Act. 

19 (d) EXPENDITURES FROM HIGHWAY TRUST

20 FUND.—To permit expenditures from the Highway Trust 

21 Fund to effectuate the purposes of this section, this sec22 tion shall be deemed to be a section of the Continuing Ap23 propriations Resolution, 2010 (division B of Public Law 

24 111–68), as in effect on the date of the enactment of the 

25 last amendment to such Resolution. 


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1 SEC. 11. 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 

5 the latest statement titled ‘‘Budgetary Effects of PAYGO 

6 Legislation’’ for this Act, submitted for printing in the 

7 Congressional Record by the Chairman of the Committee 

8 on the Budget of the House of Representatives, provided 

9 that such statement has been submitted prior to the vote 

10 on passage. 

11 (b) EMERGENCY DESIGNATION FOR CONGRESSIONAL

12 ENFORCEMENT.—This Act, with the exception of section 

13 4, is designated as an emergency for purposes of pay-as14 you-go principles. In the Senate, this Act is designated 

15 as an emergency requirement pursuant to section 403(a) 

16 of S. Con. Res. 13 (111th Congress), the concurrent reso17 lution on the budget for fiscal year 2010. 

18 (c) EMERGENCY DESIGNATION FOR STATUTORY

19 PAYGO.—This Act, with the exception of section 4, is 

20 designated as an emergency requirement pursuant to secVerDate Nov 24 2008 21:25 Mar 19, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4851.PCS H4851

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1 tion 4(g) of the Statutory Pay-As-You-Go Act of 2010 

2 (Public Law 111–139; 2 U.S.C. 933(g)). 

Passed the House of Representatives March 17, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 323 

111TH CONGRESS 

2D SESSION H. R. 4851 

AN ACT 

To provide a temporary extension of certain 

programs, and for other purposes. 

MARCH 19, 2010 

Read the second time and placed on the calendar 


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