II 

111TH CONGRESS 

2D SESSION S. 3173 

To fully offset the cost of the extension of unemployment benefits and other 

Federal aid. 

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

3 SECTION 1. RESCISSION OF UNSPENT AND UNCOMMITTED 

4 FEDERAL FUNDS. 

5 (a) IN GENERAL.—Notwithstanding any other provi6 sion of law, of all available unobligated Federal funds, 

7 $9,200,000,000 in discretionary, unexpired funds are re8 scinded. 


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1 (b) IMPLEMENTATION.—Not later than 60 days after 

2 the date of enactment of this Act, the Director of the Of3 fice of Management and Budget shall— 

4 (1) identify the accounts and amounts rescinded 

5 to implement subsection (a); and 

6 (2) submit a report to the Secretary of the 

7 Treasury and Congress of the accounts and amounts 

8 identified under paragraph (1) for rescission. 

9 SEC. 2. SHORT TITLE. 

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

11 Act of 2010’’. 

12 SEC. 3. EXTENSION OF UNEMPLOYMENT INSURANCE PRO13 VISIONS. 

14 (a) IN GENERAL.—(1) Section 4007 of the Supple15 mental Appropriations Act, 2008 (Public Law 110–252; 

16 26 U.S.C. 3304 note) is amended— 

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

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

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

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

21 2010’’; and 

22 (C) in subsection (b)(3), by striking ‘‘Sep23 tember 4, 2010’’ and inserting ‘‘October 2, 2010’’. 

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

25 Workers and Struggling Families Act, as contained in 


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

2 is amended— 

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

4 2010’’ and inserting ‘‘May 5, 2010’’; 

5 (B) in the heading for paragraph (2), by strik6 ing ‘‘APRIL 5, 2010’’ and inserting ‘‘MAY 5, 2010’’; 

7 and 

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

9 2010’’ and inserting ‘‘November 5, 2010’’. 

10 (3) Section 2005 of the Assistance for Unemployed 

11 Workers and Struggling Families Act, as contained in 

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

13 is amended— 

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

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

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

17 2010’’ and inserting ‘‘October 2, 2010’’. 

18 (4) Section 5 of the Unemployment Compensation 

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

20 3304 note) is amended by striking ‘‘September 4, 2010’’ 

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

22 (b) FUNDING.—Section 4004(e)(1) of the Supple23 mental Appropriations Act, 2008 (Public Law 110–252; 

24 26 U.S.C. 3304 note) is amended— 


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

2 the end; and 

3 (2) by inserting after subparagraph (D) the fol4 lowing new subparagraph: 

5 ‘‘(E) the amendments made by section 

6 2(a)(1) of the Continuing Extension Act of 

7 2010; and’’. 

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

9 this section shall take effect as if included in the amend10 ments made by section 2 of the Temporary Extension Act 

11 of 2010 (Public Law 111–144). 

12 SEC. 4. EXTENSION AND IMPROVEMENT OF PREMIUM AS13 SISTANCE FOR COBRA BENEFITS. 

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

15 the American Recovery and Reinvestment Act of 2009 

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

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

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

19 ‘‘April 30, 2010’’. 

20 SEC. 5. INCREASE IN THE MEDICARE PHYSICIAN PAYMENT 

21 UPDATE. 

22 Paragraph (10) of section 1848(d) of the Social Secu23 rity Act, as added by section 1011(a) of the Department 

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


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1 118) and as amended by section 5 of the Temporary Ex2 tension Act of 2010 (Public Law 111–144), is amended— 

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

4 31, 2010’’ and inserting ‘‘April 30, 2010’’; and 

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

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

7 SEC. 6. EXTENSION OF MEDICARE THERAPY CAPS EXCEP8 TIONS PROCESS. 

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

10 U.S.C. 1395l(g)(5)), as amended by section 6 of the Tem11 porary Extension Act of 2010 (Public Law 111–144), is 

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

13 ‘‘April 30, 2010’’. 

14 SEC. 7. EHR CLARIFICATION. 

15 (a) QUALIFICATION FOR CLINIC-BASED PHYSI16 CIANS.— 

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

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

19 4(o)(1)(C)(ii)) is amended by striking ‘‘setting 

20 (whether inpatient or outpatient)’’ and inserting ‘‘in21 patient or emergency room setting’’. 

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

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

24 amended by striking ‘‘setting (whether inpatient or 


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

2 room setting’’. 

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

4 subsection (a) shall be effective as if included in the enact5 ment of the HITECH Act (included in the American Re6 covery and Reinvestment Act of 2009 (Public Law 111– 

7 5)). 

8 (c) IMPLEMENTATION.—Notwithstanding any other 

9 provision of law, the Secretary of Health and Human 

10 Services may implement the amendments made by this 

11 section by program instruction or otherwise. 

12 SEC. 8. EXTENSION OF USE OF 2009 POVERTY GUIDELINES. 

13 Section 1012 of the Department of Defense Appro14 priations Act, 2010 (Public Law 111–118), as amended 

15 by section 7 of the Temporary Extension Act of 2010 

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

17 2010’’ and inserting ‘‘April 30, 2010’’. 

18 SEC. 9. EXTENSION OF NATIONAL FLOOD INSURANCE PRO19 GRAM. 

20 (a) EXTENSION.—Section 129 of the Continuing Ap21 propriations Resolution, 2010 (Public Law 111–68), as 

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

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

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

25 30, 2010, for the date specified in each such section.’’. 


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

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

3 February 28, 2010. 

4 SEC. 10. 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 ‘‘March 28, 2010’’ and inserting ‘‘April 30, 

11 2010’’; and 

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

13 28, 2010’’ and inserting ‘‘April 30, 2010’’. 

14 (2) TERMINATION OF LICENSE.—Section 

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

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

17 30, 2010’’. 

18 (b) AMENDMENTS TO COMMUNICATIONS ACT OF

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

20 1934 (47 U.S.C. 325(b)) is amended— 

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

22 2010’’ and inserting ‘‘April 30, 2010’’; and 

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

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

25 and inserting ‘‘May 1, 2010’’. 


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1 SEC. 11. COMPENSATION AND RATIFICATION OF AUTHOR2 ITY RELATED TO LAPSE IN HIGHWAY PRO3 GRAMS. 

4 (a) COMPENSATION FOR FEDERAL EMPLOYEES.— 

5 Any Federal employees furloughed as a result of the lapse 

6 in expenditure authority from the Highway Trust Fund 

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

8 2, 2010, shall be compensated for the period of that lapse 

9 at their standard rates of compensation, as determined 

10 under policies established by the Secretary of Transpor11 tation. 

12 (b) RATIFICATION OF ESSENTIAL ACTIONS.—All ac13 tions taken by Federal employees, contractors, and grant14 ees for the purposes of maintaining the essential level of 

15 Government operations, services, and activities to protect 

16 life and property and to bring about orderly termination 

17 of Government functions during the lapse in expenditure 

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

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

20 ratified and approved if otherwise in accord with the provi21 sions of the Continuing Appropriations Resolution, 2010 

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

23 (c) FUNDING.—Funds used by the Secretary to com24 pensate employees described in subsection (a) shall be de25 rived from funds previously authorized out of the Highway 

26 Trust Fund and made available or limited to the DepartVerDate Nov 24 2008 23:57 Mar 26, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3173.IS S3173

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1 ment of Transportation by the Consolidated Appropria2 tions Act, 2010 (Public Law 111–117) and shall be sub3 ject to the obligation limitations established in such Act. 

4 (d) EXPENDITURES FROM HIGHWAY TRUST

5 FUND.—To permit expenditures from the Highway Trust 

6 Fund to effectuate the purposes of this section, this sec7 tion shall be deemed to be a section of the Continuing Ap8 propriations Resolution, 2010 (division B of Public Law 

9 111–68), as in effect on the date of the enactment of the 

10 last amendment to such Resolution. 

11 SEC. 12. DETERMINATION OF BUDGETARY EFFECTS. 

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

13 for the purpose of complying with the Statutory Pay-As14 You-Go Act of 2010, shall be determined by reference to 

15 the latest statement titled ‘‘Budgetary Effects of PAYGO 

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

17 Congressional Record by the Chairman of the Committee 

18 on the Budget of the House of Representatives, provided 

19 that such statement has been submitted prior to the vote 

20 on passage. 

21 (b) EMERGENCY DESIGNATION FOR CONGRESSIONAL

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

23 4, is designated as an emergency for purposes of pay-as24 you-go principles. In the Senate, this Act is designated 

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


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1 of S. Con. Res. 13 (111th Congress), the concurrent reso2 lution on the budget for fiscal year 2010. 

3 (c) EMERGENCY DESIGNATION FOR STATUTORY

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

5 designated as an emergency requirement pursuant to sec6 tion 4(g) of the Statutory Pay-As-You-Go Act of 2010 

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

Æ 


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