[Congressional Record (Bound Edition), Volume 157 (2011), Part 14]
[House]
[Pages 19860-19926]
[From the U.S. Government Publishing Office, www.gpo.gov]




          MIDDLE CLASS TAX RELIEF AND JOB CREATION ACT OF 2011

  Mr. CAMP. Mr. Speaker, pursuant to House Resolution 491, I call up 
the bill (H.R. 3630) to provide incentives for the creation of jobs, 
and for other purposes, and ask for its immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 491, the 
amendment printed in House Report 112-328 is considered adopted, and 
the bill, as amended, is considered read.
  The text of the bill, as amended, is as follows:

                               H.R. 3630

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

     SECTION 1. SHORT TITLE.

       (a) Short Title.--This Act may be cited as the ``Middle 
     Class Tax Relief and Job Creation Act of 2011''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title.

                    TITLE I--JOB CREATION INCENTIVES

                Subtitle A--North American Energy Access

Sec. 1001. Short title.
Sec. 1002. Permit for Keystone XL Pipeline.

                   Subtitle B--EPA Regulatory Relief

Sec. 1101. Short title.
Sec. 1102. Legislative stay.
Sec. 1103. Compliance dates.
Sec. 1104. Energy recovery and conservation.
Sec. 1105. Other provisions.

             Subtitle C--Extension of 100 Percent Expensing

Sec. 1201. Extension of allowance for bonus depreciation for certain 
              business assets.

TITLE II--EXTENSION OF CERTAIN EXPIRING PROVISIONS AND RELATED MEASURES

             Subtitle A--Extension of Payroll Tax Reduction

Sec. 2001. Extension of temporary employee payroll tax reduction 
              through end of 2012.

                 Subtitle B--Unemployment Compensation

Sec. 2101. Short title.

 Part 1--Reforms of Unemployment Compensation to Promote Work and Job 
                                Creation

Sec. 2121. Consistent job search requirements.
Sec. 2122. Participation in reemployment services made a condition of 
              benefit receipt.
Sec. 2123. State flexibility to promote the reemployment of unemployed 
              workers.
Sec. 2124. Assistance and guidance in implementing self-employment 
              assistance programs.
Sec. 2125. Improving program integrity by better recovery of 
              overpayments.
Sec. 2126. Data standardization for improved data matching.
Sec. 2127. Drug testing of applicants.

            Part 2--Provisions Relating To Extended Benefits

Sec. 2141. Short title.
Sec. 2142. Extension and modification of emergency unemployment 
              compensation program.
Sec. 2143. Temporary extension of extended benefit provisions.
Sec. 2144. Additional extended unemployment benefits under the Railroad 
              Unemployment Insurance Act.

     Part 3--Improving Reemployment Strategies Under the Emergency 
                   Unemployment Compensation Program

Sec. 2161. Improved work search for the long-term unemployed.
Sec. 2162. Reemployment services and reemployment and eligibility 
              assessment activities.
Sec. 2163. State flexibility to support long-term unemployed workers 
              with improved reemployment services.
Sec. 2164. Promoting program integrity through better recovery of 
              overpayments.
Sec. 2165. Restore State flexibility to improve unemployment program 
              solvency.

        Subtitle C--Medicare Extensions; Other Health Provisions

                      Part 1--Medicare Extensions

Sec. 2201. Physician payment update.
Sec. 2202. Ambulance add-ons.
Sec. 2203. Medicare payment for outpatient therapy services.
Sec. 2204. Work geographic adjustment.

                    Part 2--Other Health Provisions

Sec. 2211. Qualifying individual (QI) program.
Sec. 2212. Extension of Transitional Medical Assistance (TMA).
Sec. 2213. Modification to requirements for qualifying for exception to 
              Medicare prohibition on certain physician referrals for 
              hospitals.

                            Part 3--Offsets

Sec. 2221. Adjustments to maximum thresholds for recapturing 
              overpayments resulting from certain Federally-subsidized 
              health insurance.
Sec. 2222. Prevention and Public Health Fund.
Sec. 2223. Parity in Medicare payments for hospital outpatient 
              department evaluation and management office visit 
              services.
Sec. 2224. Reduction of bad debt treated as an allowable cost.
Sec. 2225. Rebasing of State DSH allotments for fiscal year 2021.

                       Subtitle D--TANF Extension

Sec. 2301. Short title.
Sec. 2302. Extension of program.
Sec. 2303. Data standardization.
Sec. 2304. Spending policies for assistance under State TANF programs.
Sec. 2305. Technical corrections.

                   TITLE III--FLOOD INSURANCE REFORM

Sec. 3001. Short title.
Sec. 3002. Extensions.
Sec. 3003. Mandatory purchase.
Sec. 3004. Reforms of coverage terms.
Sec. 3005. Reforms of premium rates.
Sec. 3006. Technical Mapping Advisory Council.
Sec. 3007. FEMA incorporation of new mapping protocols.
Sec. 3008. Treatment of levees.
Sec. 3009. Privatization initiatives.
Sec. 3010. FEMA annual report on insurance program.
Sec. 3011. Mitigation assistance.
Sec. 3012. Notification to homeowners regarding mandatory purchase 
              requirement applicability and rate phase-ins.
Sec. 3013. Notification to members of congress of flood map revisions 
              and updates.
Sec. 3014. Notification and appeal of map changes; notification to 
              communities of establishment of flood elevations.
Sec. 3015. Notification to tenants of availability of contents 
              insurance.
Sec. 3016. Notification to policy holders regarding direct management 
              of policy by FEMA.
Sec. 3017. Notice of availability of flood insurance and escrow in 
              RESPA good faith estimate.
Sec. 3018. Reimbursement for costs incurred by homeowners and 
              communities obtaining letters of map amendment or 
              revision.
Sec. 3019. Enhanced communication with certain communities during map 
              updating process.
Sec. 3020. Notification to residents newly included in flood hazard 
              areas.
Sec. 3021. Treatment of swimming pool enclosures outside of hurricane 
              season.
Sec. 3022. Information regarding multiple perils claims.
Sec. 3023. FEMA authority to reject transfer of policies.
Sec. 3024. Appeals.
Sec. 3025. Reserve fund.
Sec. 3026. CDBG eligibility for flood insurance outreach activities and 
              community building code administration grants.
Sec. 3027. Technical corrections.
Sec. 3028. Requiring competition for national flood insurance program 
              policies.
Sec. 3029. Studies of voluntary community-based flood insurance 
              options.
Sec. 3030. Report on inclusion of building codes in floodplain 
              management criteria.
Sec. 3031. Study on graduated risk.
Sec. 3032. Report on flood-in-progress determination.
Sec. 3033. Study on repaying flood insurance debt.
Sec. 3034. No cause of action.

[[Page 19861]]

Sec. 3035. Authority for the corps of engineers to provide specialized 
              or technical services.

 TITLE IV--JUMPSTARTING OPPORTUNITY WITH BROADBAND SPECTRUM ACT OF 2011

Sec. 4001. Short title.
Sec. 4002. Definitions.
Sec. 4003. Rule of construction.
Sec. 4004. Enforcement.
Sec. 4005. National security restrictions on use of funds and auction 
              participation.

                 Subtitle A--Spectrum Auction Authority

Sec. 4101. Deadlines for auction of certain spectrum.
Sec. 4102. 700 MHz public safety narrowband spectrum and guard band 
              spectrum.
Sec. 4103. General authority for incentive auctions.
Sec. 4104. Special requirements for incentive auction of broadcast TV 
              spectrum.
Sec. 4105. Administration of auctions by Commission.
Sec. 4106. Extension of auction authority.
Sec. 4107. Unlicensed use in the 5 GHz band.

           Subtitle B--Advanced Public Safety Communications

                    Part 1--National Implementation

Sec. 4201. Licensing of spectrum to Administrator.
Sec. 4202. National Public Safety Communications Plan.
Sec. 4203. Plan administration.
Sec. 4204. Initial funding for Administrator.
Sec. 4205. Study on emergency communications by amateur radio and 
              impediments to amateur radio communications.

                      Part 2--State Implementation

Sec. 4221. Negotiation and approval of contracts.
Sec. 4222. State implementation grant program.
Sec. 4223. State Implementation Fund.
Sec. 4224. Grants to States for network buildout.
Sec. 4225. Wireless facilities deployment.

                    Part 3--Public Safety Trust Fund

Sec. 4241. Public Safety Trust Fund.

         Part 4--Next Generation 9-1-1 Advancement Act of 2011

Sec. 4261. Short title.
Sec. 4262. Findings.
Sec. 4263. Purposes.
Sec. 4264. Definitions.
Sec. 4265. Coordination of 9-1-1 implementation.
Sec. 4266. Requirements for multi-line telephone systems.
Sec. 4267. GAO study of State and local use of 9-1-1 service charges.
Sec. 4268. Parity of protection for provision or use of Next Generation 
              9-1-1 services.
Sec. 4269. Commission proceeding on autodialing.
Sec. 4270. NHTSA report on costs for requirements and specifications of 
              Next Generation 9-1-1 services.
Sec. 4271. FCC recommendations for legal and statutory framework for 
              Next Generation 9-1-1 services.

                Subtitle C--Federal Spectrum Relocation

Sec. 4301. Relocation of and spectrum sharing by Federal Government 
              stations.
Sec. 4302. Spectrum Relocation Fund.
Sec. 4303. National security and other sensitive information.

            Subtitle D--Telecommunications Development Fund

Sec. 4401. No additional Federal funds.
Sec. 4402. Independence of the Fund.

                            TITLE V--OFFSETS

                       Subtitle A--Guarantee Fees

Sec. 5001. Guarantee Fees.

                 Subtitle B--Social Security Provisions

Sec. 5101. Information for administration of Social Security provisions 
              related to noncovered employment.

                      Subtitle C--Child Tax Credit

Sec. 5201. Social Security number required to claim the refundable 
              portion of the child tax credit.

       Subtitle D--Eliminating Taxpayer Benefits for Millionaires

Sec. 5301. Ending unemployment and supplemental nutrition assistance 
              program benefits for millionaires.

                 Subtitle E--Federal Civilian Employees

                      Part 1--Retirement Annuities

Sec. 5401. Short title.
Sec. 5402. Retirement contributions.
Sec. 5403. Amendments relating to secure annuity employees.
Sec. 5404. Annuity supplement.

                       Part 2--Federal Workforce

Sec. 5421. Extension of pay limitation for Federal employees.
Sec. 5422. Reduction of discretionary spending limits to achieve 
              savings from Federal employee provisions.
Sec. 5423. Reduction of revised discretionary spending limits to 
              achieve savings from Federal employee provisions.

                   Subtitle F--Health Care Provisions

Sec. 5501. Increase in applicable percentage used to calculate Medicare 
              part B and part D premiums for high-income beneficiaries.
Sec. 5502. Temporary adjustment to the calculation of Medicare part B 
              and part D premiums.

                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 6001. Repeal of certain shifts in the timing of corporate 
              estimated tax payments.
Sec. 6002. Repeal of requirement relating to time for remitting certain 
              merchandise processing fees.
Sec. 6003. Points of order in the Senate.
Sec. 6004. PAYGO scorecard estimates.

                    TITLE I--JOB CREATION INCENTIVES

                Subtitle A--North American Energy Access

     SEC. 1001. SHORT TITLE.

       This subtitle may be cited as the ``North American Energy 
     Security Act''.

     SEC. 1002. PERMIT FOR KEYSTONE XL PIPELINE.

       (a) In General.--Except as provided in subsection (b), not 
     later than 60 days after the date of enactment of this Act, 
     the President, acting through the Secretary of State, shall 
     grant a permit under Executive Order 13337 (3 U.S.C. 301 
     note; relating to issuance of permits with respect to certain 
     energy-related facilities and land transportation crossings 
     on the international boundaries of the United States) for the 
     Keystone XL pipeline project application filed on September 
     19, 2008 (including amendments).
       (b) Exception.--
       (1) In general.--The President shall not be required to 
     grant the permit under subsection (a) if the President 
     determines that the Keystone XL pipeline would not serve the 
     national interest.
       (2) Report.--If the President determines that the Keystone 
     XL pipeline is not in the national interest under paragraph 
     (1), the President shall, not later than 15 days after the 
     date of the determination, submit to the Committee on Foreign 
     Relations of the Senate, the Committee on Foreign Affairs of 
     the House of Representatives, the majority leader of the 
     Senate, the minority leader of the Senate, the Speaker of the 
     House of Representatives, and the minority leader of the 
     House of Representatives a report that provides a 
     justification for determination, including consideration of 
     economic, employment, energy security, foreign policy, trade, 
     and environmental factors.
       (3) Effect of no finding or action.--If a determination is 
     not made under paragraph (1) and no action is taken by the 
     President under subsection (a) not later than 60 days after 
     the date of enactment of this Act, the permit for the 
     Keystone XL pipeline described in subsection (a) that meets 
     the requirements of subsections (c) and (d) shall be in 
     effect by operation of law.
       (c) Requirements.--The permit granted under subsection (a) 
     shall require the following:
       (1) The permittee shall comply with all applicable Federal 
     and State laws (including regulations) and all applicable 
     industrial codes regarding the construction, connection, 
     operation, and maintenance of the United States facilities.
       (2) The permittee shall obtain all requisite permits from 
     Canadian authorities and relevant Federal, State, and local 
     governmental agencies.
       (3) The permittee shall take all appropriate measures to 
     prevent or mitigate any adverse environmental impact or 
     disruption of historic properties in connection with the 
     construction, operation, and maintenance of the United States 
     facilities.
       (4) For the purpose of the permit issued under subsection 
     (a) (regardless of any modifications under subsection (d))--
       (A) the final environmental impact statement issued by the 
     Secretary of State on August 26, 2011, satisfies all 
     requirements of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) and section 106 of the National 
     Historic Preservation Act (16 U.S.C. 470f);
       (B) any modification required by the Secretary of State to 
     the Plan described in paragraph (5)(A) shall not require 
     supplementation of the final environmental impact statement 
     described in that paragraph; and
       (C) no further Federal environmental review shall be 
     required.
       (5) The construction, operation, and maintenance of the 
     facilities shall be in all material respects similar to that 
     described in the application described in subsection (a) and 
     in accordance with--
       (A) the construction, mitigation, and reclamation measures 
     agreed to by the permittee in the Construction Mitigation and 
     Reclamation Plan found in appendix B of the final 
     environmental impact statement issued by the Secretary of 
     State on August 26, 2011, subject to the modification 
     described in subsection (d);
       (B) the special conditions agreed to between the permittee 
     and the Administrator of the Pipeline Hazardous Materials 
     Safety Administration of the Department of Transportation 
     found in appendix U of the final environmental impact 
     statement described in subparagraph (A);
       (C) if the modified route submitted by the Governor of 
     Nebraska under subsection (d)(3)(B) crosses the Sand Hills 
     region, the measures agreed to by the permittee for the Sand 
     Hills region found in appendix H of the final environmental 
     impact statement described in subparagraph (A); and
       (D) the stipulations identified in appendix S of the final 
     environmental impact statement described in subparagraph (A).
       (6) Other requirements that are standard industry practice 
     or commonly included in Federal permits that are similar to a 
     permit issued under subsection (a).
       (d) Modification.--The permit issued under subsection (a) 
     shall require--
       (1) the reconsideration of routing of the Keystone XL 
     pipeline within the State of Nebraska;

[[Page 19862]]

       (2) a review period during which routing within the State 
     of Nebraska may be reconsidered and the route of the Keystone 
     XL pipeline through the State altered with any accompanying 
     modification to the Plan described in subsection (c)(5)(A); 
     and
       (3) the President--
       (A) to coordinate review with the State of Nebraska and 
     provide any necessary data and reasonable technical 
     assistance material to the review process required under this 
     subsection; and
       (B) to approve the route within the State of Nebraska that 
     has been submitted to the Secretary of State by the Governor 
     of Nebraska.
       (e) Effect of No Approval.--If the President does not 
     approve the route within the State of Nebraska submitted by 
     the Governor of Nebraska under subsection (d)(3)(B) not later 
     than 10 days after the date of submission, the route 
     submitted by the Governor of Nebraska under subsection 
     (d)(3)(B) shall be considered approved, pursuant to the terms 
     of the permit described in subsection (a) that meets the 
     requirements of subsection (c) and this subsection, by 
     operation of law.

                   Subtitle B--EPA Regulatory Relief

     SEC. 1101. SHORT TITLE.

       This subtitle may be cited as the ``EPA Regulatory Relief 
     Act of 2011''.

     SEC. 1102. LEGISLATIVE STAY.

       (a) Establishment of Standards.--In place of the rules 
     specified in subsection (b), and notwithstanding the date by 
     which such rules would otherwise be required to be 
     promulgated, the Administrator of the Environmental 
     Protection Agency (in this subtitle referred to as the 
     ``Administrator'') shall--
       (1) propose regulations for industrial, commercial, and 
     institutional boilers and process heaters, and commercial and 
     industrial solid waste incinerator units, subject to any of 
     the rules specified in subsection (b)--
       (A) establishing maximum achievable control technology 
     standards, performance standards, and other requirements 
     under sections 112 and 129, as applicable, of the Clean Air 
     Act (42 U.S.C. 7412, 7429); and
       (B) identifying non-hazardous secondary materials that, 
     when used as fuels or ingredients in combustion units of such 
     boilers, process heaters, or incinerator units are solid 
     waste under the Solid Waste Disposal Act (42 U.S.C. 6901 et 
     seq.; commonly referred to as the ``Resource Conservation and 
     Recovery Act'') for purposes of determining the extent to 
     which such combustion units are required to meet the 
     emissions standards under section 112 of the Clean Air Act 
     (42 U.S.C. 7412) or the emission standards under section 129 
     of such Act (42 U.S.C. 7429); and
       (2) finalize the regulations on the date that is 15 months 
     after the date of the enactment of this Act.
       (b) Stay of Earlier Rules.--The following rules are of no 
     force or effect, shall be treated as though such rules had 
     never taken effect, and shall be replaced as described in 
     subsection (a):
       (1) ``National Emission Standards for Hazardous Air 
     Pollutants for Major Sources: Industrial, Commercial, and 
     Institutional Boilers and Process Heaters'', published at 76 
     Fed. Reg. 15608 (March 21, 2011).
       (2) ``National Emission Standards for Hazardous Air 
     Pollutants for Area Sources: Industrial, Commercial, and 
     Institutional Boilers'', published at 76 Fed. Reg. 15554 
     (March 21, 2011).
       (3) ``Standards of Performance for New Stationary Sources 
     and Emission Guidelines for Existing Sources: Commercial and 
     Industrial Solid Waste Incineration Units'', published at 76 
     Fed. Reg. 15704 (March 21, 2011).
       (4) ``Identification of Non-Hazardous Secondary Materials 
     That Are Solid Waste'', published at 76 Fed. Reg. 15456 
     (March 21, 2011).
       (c) Inapplicability of Certain Provisions.--With respect to 
     any standard required by subsection (a) to be promulgated in 
     regulations under section 112 of the Clean Air Act (42 U.S.C. 
     7412), the provisions of subsections (g)(2) and (j) of such 
     section 112 shall not apply prior to the effective date of 
     the standard specified in such regulations.

     SEC. 1103. COMPLIANCE DATES.

       (a) Establishment of Compliance Dates.--For each regulation 
     promulgated pursuant to section 1012, the Administrator--
       (1) shall establish a date for compliance with standards 
     and requirements under such regulation that is, 
     notwithstanding any other provision of law, not earlier than 
     5 years after the effective date of the regulation; and
       (2) in proposing a date for such compliance, shall take 
     into consideration--
       (A) the costs of achieving emissions reductions;
       (B) any non-air quality health and environmental impact and 
     energy requirements of the standards and requirements;
       (C) the feasibility of implementing the standards and 
     requirements, including the time needed to--
       (i) obtain necessary permit approvals; and
       (ii) procure, install, and test control equipment;
       (D) the availability of equipment, suppliers, and labor, 
     given the requirements of the regulation and other proposed 
     or finalized regulations of the Environmental Protection 
     Agency; and
       (E) potential net employment impacts.
       (b) New Sources.--The date on which the Administrator 
     proposes a regulation pursuant to section 1012(a)(1) 
     establishing an emission standard under section 112 or 129 of 
     the Clean Air Act (42 U.S.C. 7412, 7429) shall be treated as 
     the date on which the Administrator first proposes such a 
     regulation for purposes of applying the definition of a new 
     source under section 112(a)(4) of such Act (42 U.S.C. 
     7412(a)(4)) or the definition of a new solid waste 
     incineration unit under section 129(g)(2) of such Act (42 
     U.S.C. 7429(g)(2)).
       (c) Rule of Construction.--Nothing in this subtitle shall 
     be construed to restrict or otherwise affect the provisions 
     of paragraphs (3)(B) and (4) of section 112(i) of the Clean 
     Air Act (42 U.S.C. 7412(i)).

     SEC. 1104. ENERGY RECOVERY AND CONSERVATION.

       Notwithstanding any other provision of law, and to ensure 
     the recovery and conservation of energy consistent with the 
     Solid Waste Disposal Act (42 U.S.C. 6901 et seq.; commonly 
     referred to as the ``Resource Conservation and Recovery 
     Act''), in promulgating rules under section 1012(a) 
     addressing the subject matter of the rules specified in 
     paragraphs (3) and (4) of section 1012(b), the 
     Administrator--
       (1) shall adopt the definitions of the terms ``commercial 
     and industrial solid waste incineration unit'', ``commercial 
     and industrial waste'', and ``contained gaseous material'' in 
     the rule entitled ``Standards of Performance for New 
     Stationary Sources and Emission Guidelines for Existing 
     Sources: Commercial and Industrial Solid Waste Incineration 
     Units'', published at 65 Fed. Reg. 75338 (December 1, 2000); 
     and
       (2) shall identify non-hazardous secondary material to be 
     solid waste only if--
       (A) the material meets such definition of commercial and 
     industrial waste; or
       (B) if the material is a gas, it meets such definition of 
     contained gaseous material.

     SEC. 1105. OTHER PROVISIONS.

       (a) Establishment of Standards Achievable in Practice.--In 
     promulgating rules under section 1012(a), the Administrator 
     shall ensure that emissions standards for existing and new 
     sources established under section 112 or 129 of the Clean Air 
     Act (42 U.S.C. 7412, 7429), as applicable, can be met under 
     actual operating conditions consistently and concurrently 
     with emission standards for all other air pollutants 
     regulated by the rule for the source category, taking into 
     account variability in actual source performance, source 
     design, fuels, inputs, controls, ability to measure the 
     pollutant emissions, and operating conditions.
       (b) Regulatory Alternatives.--For each regulation 
     promulgated pursuant to section 1012(a), from among the range 
     of regulatory alternatives authorized under the Clean Air Act 
     (42 U.S.C. 7401 et seq.) including work practice standards 
     under section 112(h) of such Act (42 U.S.C. 7412(h)), the 
     Administrator shall impose the least burdensome, consistent 
     with the purposes of such Act and Executive Order No. 13563 
     published at 76 Fed. Reg. 3821 (January 21, 2011).

             Subtitle C--Extension of 100 Percent Expensing

     SEC. 1201. EXTENSION OF ALLOWANCE FOR BONUS DEPRECIATION FOR 
                   CERTAIN BUSINESS ASSETS.

       (a) Extension of 100 Percent Bonus Depreciation.--
       (1) In general.--Paragraph (5) of section 168(k) of the 
     Internal Revenue Code of 1986 is amended--
       (A) by striking ``January 1, 2012'' each place it appears 
     and inserting ``January 1, 2013'', and
       (B) by striking ``January 1, 2013'' and inserting ``January 
     1, 2014''.
       (2) Conforming amendments.--
       (A) The heading for paragraph (5) of section 168(k) of such 
     Code is amended by striking ``Pre-2012 periods'' and 
     inserting ``Pre-2013 periods''.
       (B) Clause (ii) of section 460(c)(6)(B) of such Code is 
     amended to read as follows:
       ``(ii) is placed in service--

       ``(I) after December 31, 2009, and before January 1, 2011 
     (January 1, 2012, in the case of property described in 
     section 168(k)(2)(B)), or
       ``(II) after December 31, 2011, and before January 1, 2013 
     (January 1, 2014, in the case of property described in 
     section 168(k)(2)(B)).''.

       (3) Effective date.--The amendments made by this subsection 
     shall apply to property placed in service after December 31, 
     2011.
       (b) Expansion of Election To Accelerate AMT Credits in Lieu 
     of Bonus Depreciation.--
       (1) In general.--Paragraph (4) of section 168(k) of such 
     Code is amended to read as follows:
       ``(4) Election to accelerate amt credits in lieu of bonus 
     depreciation.--
       ``(A) In general.--If a corporation elects to have this 
     paragraph apply for any taxable year--
       ``(i) paragraph (1) shall not apply to any eligible 
     qualified property placed in service by the taxpayer in such 
     taxable year,
       ``(ii) the applicable depreciation method used under this 
     section with respect to such property shall be the straight 
     line method, and
       ``(iii) the limitation imposed by section 53(c) for such 
     taxable year shall be increased by the bonus depreciation 
     amount which is determined for such taxable year under 
     subparagraph (B).
       ``(B) Bonus depreciation amount.--For purposes of this 
     paragraph--
       ``(i) In general.--The bonus depreciation amount for any 
     taxable year is an amount equal to 20 percent of the excess 
     (if any) of--

       ``(I) the aggregate amount of depreciation which would be 
     allowed under this section for eligible qualified property 
     placed in service by the taxpayer during such taxable year if 
     paragraph (1) applied to all such property, over
       ``(II) the aggregate amount of depreciation which would be 
     allowed under this section for eligible qualified property 
     placed in service by the taxpayer during such taxable year if 
     paragraph (1) did not apply to any such property.


[[Page 19863]]



     The aggregate amounts determined under subclauses (I) and 
     (II) shall be determined without regard to any election made 
     under subsection (b)(2)(D), (b)(3)(D), or (g)(7) and without 
     regard to subparagraph (A)(ii).
       ``(ii) Limitation.--The bonus depreciation amount for any 
     taxable year shall not exceed the lesser of--

       ``(I) the minimum tax credit under section 53(b) for such 
     taxable year determined by taking into account only the 
     adjusted minimum tax for taxable years ending before January 
     1, 2012 (determined by treating credits as allowed on a 
     first-in, first-out basis), or
       ``(II) 50 percent of the minimum tax credit under section 
     53(b) for the first taxable year ending after December 31, 
     2011.

       ``(iii) Aggregation rule.--All corporations which are 
     treated as a single employer under section 52(a) shall be 
     treated--

       ``(I) as 1 taxpayer for purposes of this paragraph, and
       ``(II) as having elected the application of this paragraph 
     if any such corporation so elects.

       ``(C) Eligible qualified property.--For purposes of this 
     paragraph, the term `eligible qualified property' means 
     qualified property under paragraph (2), except that in 
     applying paragraph (2) for purposes of this paragraph--
       ``(i) `March 31, 2008' shall be substituted for `December 
     31, 2007' each place it appears in subparagraph (A) and 
     clauses (i) and (ii) of subparagraph (E) thereof,
       ``(ii) `April 1, 2008' shall be substituted for `January 1, 
     2008' in subparagraph (A)(iii)(I) thereof, and
       ``(iii) only adjusted basis attributable to manufacture, 
     construction, or production--

       ``(I) after March 31, 2008, and before January 1, 2010, and
       ``(II) after December 31, 2010, and before January 1, 2013, 
     shall be taken into account under subparagraph (B)(ii) 
     thereof.

       ``(D) Credit refundable.--For purposes of section 6401(b), 
     the aggregate increase in the credits allowable under part IV 
     of subchapter A for any taxable year resulting from the 
     application of this paragraph shall be treated as allowed 
     under subpart C of such part (and not any other subpart).
       ``(E) Other rules.--
       ``(i) Election.--Any election under this paragraph may be 
     revoked only with the consent of the Secretary.
       ``(ii) Partnerships with electing partners.--In the case of 
     a corporation making an election under subparagraph (A) and 
     which is a partner in a partnership, for purposes of 
     determining such corporation's distributive share of 
     partnership items under section 702--

       ``(I) paragraph (1) shall not apply to any eligible 
     qualified property, and
       ``(II) the applicable depreciation method used under this 
     section with respect to such property shall be the straight 
     line method.

       ``(iii) Certain partnerships.--In the case of a partnership 
     in which more than 50 percent of the capital and profits 
     interests are owned (directly or indirectly) at all times 
     during the taxable year by one corporation (or by 
     corporations treated as 1 taxpayer under subparagraph 
     (B)(iii)), each partner shall be treated as having an amount 
     equal to such partner's allocable share of the eligible 
     property for such taxable year (as determined under 
     regulations prescribed by the Secretary).
       ``(iv) Special rule for passenger aircraft.--In the case of 
     any passenger aircraft, the written binding contract 
     limitation under paragraph (2)(A)(iii)(I) shall not apply for 
     purposes of subparagraphs (B)(i)(I) and (C).''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to taxable years ending after December 31, 2011.
       (3) Transitional rule.--In the case of a taxable year 
     beginning before January 1, 2012, and ending after December 
     31, 2011, the bonus depreciation amount determined under 
     paragraph (4) of section 168(k) of Internal Revenue Code of 
     1986 for such year shall be the sum of--
       (A) such amount determined under such paragraph as in 
     effect on the date before the date of enactment of this Act 
     taking into account only property placed in service before 
     January 1, 2012, and
       (B) such amount determined under such paragraph as amended 
     by this Act taking into account only property placed in 
     service after December 31, 2011.

TITLE II--EXTENSION OF CERTAIN EXPIRING PROVISIONS AND RELATED MEASURES

             Subtitle A--Extension of Payroll Tax Reduction

     SEC. 2001. EXTENSION OF TEMPORARY EMPLOYEE PAYROLL TAX 
                   REDUCTION THROUGH END OF 2012.

       Subsection (c) of section 601 of the Tax Relief, 
     Unemployment Insurance Reauthorization, and Job Creation Act 
     of 2010 is amended by striking ``calendar year 2011'' and 
     inserting ``calendar years 2011 and 2012''.

                 Subtitle B--Unemployment Compensation

     SEC. 2101. SHORT TITLE.

       This subtitle may be cited as the ``Extended Benefits, 
     Reemployment, and Program Integrity Improvement Act''.

 PART 1--REFORMS OF UNEMPLOYMENT COMPENSATION TO PROMOTE WORK AND JOB 
                                CREATION

     SEC. 2121. CONSISTENT JOB SEARCH REQUIREMENTS.

       (a) In General.--Section 303(a) of the Social Security Act 
     is amended by adding at the end the following:
       ``(11)(A) A requirement that, as a condition of eligibility 
     for regular compensation for any week, a claimant must be 
     able to work, available to work, and actively seeking work.
       ``(B) For purposes of this paragraph, the term `actively 
     seeking work' means, with respect to an individual, that such 
     individual is actively engaged in a systematic and sustained 
     effort to obtain work, as determined based on evidence 
     (whether in electronic format or otherwise) satisfactory to 
     the State agency charged with the administration of the State 
     law.
       ``(C) The specific requirements that must be met in order 
     to satisfy this paragraph shall be established by the State 
     agency, and shall include at least the following:
       ``(i) Registration for employment services within 10 days 
     after making initial application for regular compensation.
       ``(ii) Posting a resume, record, or other application for 
     employment on such database as the State agency may require.
       ``(iii) Applying for work in such manner as the State 
     agency may require.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to weeks beginning after the end of the first 
     session of the State legislature which begins after the date 
     of enactment of this Act.

     SEC. 2122. PARTICIPATION IN REEMPLOYMENT SERVICES MADE A 
                   CONDITION OF BENEFIT RECEIPT.

       (a) Social Security Act.--Paragraph (10) of section 303(a) 
     of the Social Security Act is amended to read as follows:
       ``(10)(A) A requirement that, as a condition of eligibility 
     for regular compensation for any week and in addition to 
     State work search requirements--
       ``(i) a claimant shall meet the minimum educational 
     requirements set forth in subparagraph (B); and
       ``(ii) any claimant who has been referred to reemployment 
     services shall participate in such services.
       ``(B) For purposes of this paragraph, an individual shall 
     not be considered to have met the minimum educational 
     requirements of this subparagraph unless such individual--
       ``(i) has earned a high school diploma;
       ``(ii) has earned the General Educational Development (GED) 
     credential or other State-recognized equivalent (including by 
     meeting recognized alternative standards for individuals with 
     disabilities); or
       ``(iii) is enrolled and making satisfactory progress in 
     classes leading to satisfaction of clause (i) or (ii).
       ``(C) The requirements of subparagraph (B) may be waived 
     for an individual to the extent that the State agency charged 
     with the administration of the State law deems such 
     requirements to be unduly burdensome.''.
       (b) Internal Revenue Code of 1986.--Paragraph (8) of 
     section 3304(a) of the Internal Revenue Code of 1986 is 
     amended to read as follows:
       ``(8) compensation shall not be denied to an individual for 
     any week in which the individual is enrolled and making 
     satisfactory progress in education or training which has been 
     previously approved by the State agency;''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to weeks beginning after the end of the first 
     session of the State legislature which begins after the date 
     of enactment of this Act.

     SEC. 2123. STATE FLEXIBILITY TO PROMOTE THE REEMPLOYMENT OF 
                   UNEMPLOYED WORKERS.

       Title III of the Social Security Act (42 U.S.C. 501 and 
     following) is amended by adding at the end the following:


                        ``demonstration projects

       ``Sec. 305.  (a) The Secretary of Labor may enter into 
     agreements, with up to 10 States per year that submit an 
     application described in subsection (b), for the purpose of 
     allowing such States to conduct demonstration projects to 
     test and evaluate measures designed--
       ``(1) to expedite the reemployment of individuals who have 
     established a benefit year and are otherwise eligible to 
     claim unemployment compensation under the State law of such 
     State; or
       ``(2) to improve the effectiveness of a State in carrying 
     out its State law with respect to reemployment.
       ``(b) The Governor of any State desiring to conduct a 
     demonstration project under this section shall submit an 
     application to the Secretary of Labor. Any such application 
     shall include--
       ``(1) a general description of the proposed demonstration 
     project, including the authority (under the laws of the 
     State) for the measures to be tested, as well as the period 
     of time during which such demonstration project would be 
     conducted;
       ``(2) if a waiver under subsection (c) is requested, a 
     statement describing the specific aspects of the project to 
     which the waiver would apply and the reasons why such waiver 
     is needed;
       ``(3) a description of the goals and the expected 
     programmatic outcomes of the demonstration project, including 
     how the project would contribute to the objective described 
     in subsection (a)(1), subsection (a)(2), or both;
       ``(4) assurances (accompanied by supporting analysis) that 
     the demonstration project would operate for a period of at 
     least 1 calendar year and not result in any increased net 
     costs to the State's account in the Unemployment Trust Fund;
       ``(5) a description of the manner in which the State--
       ``(A) will conduct an impact evaluation, using a 
     methodology appropriate to determine the effects of the 
     demonstration project; and

[[Page 19864]]

       ``(B) will determine the extent to which the goals and 
     outcomes described in paragraph (3) were achieved; and
       ``(6) assurances that the State will provide any reports 
     relating to the demonstration project, after its approval, as 
     the Secretary of Labor may require.
       ``(c) The Secretary of Labor may waive any of the 
     requirements of section 3304(a)(4) of the Internal Revenue 
     Code of 1986 or of paragraph (1) or (5) of section 303(a), to 
     the extent and for the period the Secretary of Labor 
     considers necessary to enable the State to carry out a 
     demonstration project under this section.
       ``(d) A demonstration project under this section--
       ``(1) may be commenced any time after the date of enactment 
     of this section;
       ``(2) may not be approved for a period of time greater than 
     3 years, subject to extension upon request of the Governor of 
     the State involved for such additional period as the 
     Secretary of Labor may agree to, except that in no event may 
     a demonstration project under this section be conducted after 
     the end of the 5-year period beginning on the date of 
     enactment of this section; and
       ``(3) may not be extended without sufficient data to show 
     that the project--
       ``(A) did not increase the net cost to the State's account 
     in the Unemployment Trust Fund during the initial 
     demonstration period; and
       ``(B) may be reasonably projected not to increase the net 
     cost to the State's account in the Unemployment Trust Fund 
     during the extended period requested.
       ``(e) The Secretary of Labor shall, in the case of any 
     State for which an application is submitted under subsection 
     (b)--
       ``(1) notify the State as to whether such application has 
     been approved or denied within 30 days after receipt of a 
     complete application; and
       ``(2) provide public notice of the decision within 10 days 
     after providing notification to the State in accordance with 
     paragraph (1).

     Public notice under paragraph (2) may be provided through the 
     Internet or other appropriate means. Any application under 
     this section that has not been denied within the 30-day 
     period described in paragraph (1) shall be deemed approved, 
     and public notice of any approval under this sentence shall 
     be provided within 10 days thereafter.
       ``(f) The Secretary of Labor may terminate a demonstration 
     project under this section if the Secretary determines that 
     the State has violated the substantive terms or conditions of 
     the project.
       ``(g) Funding certified under section 302(a) may be used 
     for an approved demonstration project.''.

     SEC. 2124. ASSISTANCE AND GUIDANCE IN IMPLEMENTING SELF-
                   EMPLOYMENT ASSISTANCE PROGRAMS.

       (a) In General.--For purposes of assisting States in 
     establishing, improving, and administering self-employment 
     assistance programs, the Secretary shall--
       (1) develop model language that may be used by States in 
     enacting such programs, as well as periodically review and 
     revise such model language;
       (2) provide technical assistance and guidance in 
     establishing, improving, and administering such programs; and
       (3) establish reporting requirements for States in regard 
     to such programs, including reporting on--
       (A) the number of businesses and jobs created, both 
     directly and indirectly, by self-employment assistance 
     programs; and
       (B) the estimated Federal and State tax revenues collected 
     from such businesses and their employees.
       (b) Model Language and Guidance.--The model language, 
     guidance, and reporting requirements developed by the 
     Secretary pursuant to subsection (a) shall--
       (1) allow sufficient flexibility for States and 
     participating individuals; and
       (2) ensure accountability and program integrity.
       (c) Consultation.--In developing the model language, 
     guidance, and reporting requirements pursuant to subsection 
     (a), the Secretary shall consult with employers, labor 
     organizations, State agencies, and other relevant program 
     experts.
       (d) Entrepreneurial Training Programs.--The Secretary shall 
     coordinate with the Administrator of the Small Business 
     Administration to ensure that adequate funding is reserved 
     and made available for the provision of entrepreneurial 
     training to individuals participating in self-employment 
     assistance programs.

     SEC. 2125. IMPROVING PROGRAM INTEGRITY BY BETTER RECOVERY OF 
                   OVERPAYMENTS.

       (a) Use of Unemployment Compensation To Repay 
     Overpayments.--Section 3304(a)(4)(D) of the Internal Revenue 
     Code of 1986 and section 303(g)(1) of the Social Security Act 
     are amended by striking ``may'' and inserting ``shall''.
       (b) Use of Unemployment Compensation To Repay Federal 
     Additional Compensation Overpayments.--Section 303(g)(3) of 
     the Social Security Act is amended by inserting ``Federal 
     additional compensation,'' after ``trade adjustment 
     allowances,''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to weeks beginning after the end of the first 
     session of the State legislature which begins after the date 
     of enactment of this Act.

     SEC. 2126. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING.

       (a) In General.--Title IX of the Social Security Act is 
     amended by adding at the end the following:


           ``DATA STANDARDIZATION FOR IMPROVED DATA MATCHING

                        ``Standard Data Elements

       ``Sec. 911. (a)(1) The Secretary of Labor, in consultation 
     with an interagency work group which shall be established by 
     the Office of Management and Budget, and considering State 
     and employer perspectives, shall, by rule, designate standard 
     data elements for any category of information required under 
     title III or this title.
       ``(2) The standard data elements designated under paragraph 
     (1) shall, to the extent practicable, be nonproprietary and 
     interoperable.
       ``(3) In designating standard data elements under this 
     subsection, the Secretary of Labor shall, to the extent 
     practicable, incorporate--
       ``(A) interoperable standards developed and maintained by 
     an international voluntary consensus standards body, as 
     defined by the Office of Management and Budget, such as the 
     International Organization for Standardization;
       ``(B) interoperable standards developed and maintained by 
     intergovernmental partnerships, such as the National 
     Information Exchange Model; and
       ``(C) interoperable standards developed and maintained by 
     Federal entities with authority over contracting and 
     financial assistance, such as the Federal Acquisition 
     Regulations Council.

                     ``Data Standards for Reporting

       ``(b)(1) The Secretary of Labor, in consultation with an 
     interagency work group established by the Office of 
     Management and Budget, and considering State and employer 
     perspectives, shall, by rule, designate data reporting 
     standards to govern the reporting required under title III or 
     this title.
       ``(2) The data reporting standards required by paragraph 
     (1) shall, to the extent practicable--
       ``(A) incorporate a widely-accepted, nonproprietary, 
     searchable, computer-readable format;
       ``(B) be consistent with and implement applicable 
     accounting principles; and
       ``(C) be capable of being continually upgraded as 
     necessary.
       ``(3) In designating reporting standards under this 
     subsection, the Secretary of Labor shall, to the extent 
     practicable, incorporate existing nonproprietary standards, 
     such as the eXtensible Business Reporting Language.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply after September 30, 2012.

     SEC. 2127. DRUG TESTING OF APPLICANTS.

       Section 303 of the Social Security Act is amended by adding 
     at the end the following:
       ``(k)(1) Nothing in this Act or any other provision of 
     Federal law shall be considered to prevent a State from--
       ``(A) testing an applicant for unemployment compensation 
     for the unlawful use of controlled substances as a condition 
     for receiving such compensation; or
       ``(B) denying such compensation to such applicant on the 
     basis of the result of such testing.
       ``(2) For purposes of this subsection--
       ``(A) the term `unemployment compensation' has the meaning 
     given such term in subsection (d)(2)(A); and
       ``(B) the term `controlled substance' has the meaning given 
     such term in section 102 of the Controlled Substances Act (21 
     U.S.C. 802).''.

            PART 2--PROVISIONS RELATING TO EXTENDED BENEFITS

     SEC. 2141. SHORT TITLE.

       This part may be cited as the ``Unemployment Benefits 
     Extension Act of 2011''.

     SEC. 2142. EXTENSION AND MODIFICATION OF EMERGENCY 
                   UNEMPLOYMENT COMPENSATION PROGRAM.

       (a) Extension.--Section 4007 of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended--
       (1) in subsection (a)--
       (A) by striking ``Except as provided in subsection (b), 
     an'' and inserting ``An''; and
       (B) by striking ``January 3, 2012'' and inserting ``January 
     31, 2013''; and
       (2) by amending subsection (b) to read as follows:
       ``(b) Termination.--No compensation under this title shall 
     be payable for any week subsequent to the last week described 
     in subsection (a).''.
       (b) Modified Tiers of Emergency Unemployment 
     Compensation.--
       (1) In general.--Section 4002 of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended by striking subsections (b) through (e) and 
     inserting the following:
       ``(b) First-Tier Emergency Unemployment Compensation.--
       ``(1) In general.--The amount established in an account 
     under subsection (a) shall be an amount (in this title 
     referred to as `first-tier emergency unemployment 
     compensation') equal to the lesser of--
       ``(A) 80 percent of the total amount of regular 
     compensation (including dependents' allowances) payable to 
     the individual during the individual's benefit year under the 
     State law; or
       ``(B) 20 times the individual's average weekly benefit 
     amount for the benefit year.
       ``(2) Weekly benefit amount.--For purposes of this 
     subsection, an individual's weekly benefit amount for any 
     week is the amount of regular compensation (including 
     dependents' allowances) under the State law payable to such 
     individual for such week for total unemployment.
       ``(c) Second-Tier Emergency Unemployment Compensation.--

[[Page 19865]]

       ``(1) In general.--If, at the time that the amount 
     established in an individual's account under subsection 
     (b)(1) is exhausted or at any time thereafter, such 
     individual's State is in an extended benefit period (as 
     determined under paragraph (2)), such account shall be 
     augmented by an amount (in this title referred to as `second-
     tier emergency unemployment compensation') equal to the 
     lesser of--
       ``(A) 50 percent of the total amount of regular 
     compensation (including dependents' allowances) payable to 
     the individual during the individual's benefit year under the 
     State law; or
       ``(B) 13 times the individual's average weekly benefit 
     amount (as determined under subsection (b)(2)) for the 
     benefit year.
       ``(2) Extended benefit period.--For purposes of paragraph 
     (1), a State shall be considered to be in an extended benefit 
     period, as of any given time, if--
       ``(A) such a period would then be in effect for such State, 
     under the Federal-State Extended Unemployment Compensation 
     Act of 1970, if section 203(d) of such Act--
       ``(i) were applied by substituting `4' for `5' each place 
     it appears; and
       ``(ii) did not include the requirement under paragraph 
     (1)(A) thereof; or
       ``(B) such a period would then be in effect for such State, 
     under the Federal-State Extended Unemployment Compensation 
     Act of 1970, if--
       ``(i) section 203(f) of such Act were applied to such State 
     (regardless of whether or not the State by law had provided 
     for such application); and
       ``(ii) such section 203(f)--

       ``(I) were applied by substituting `6.0' for `6.5' in 
     paragraph (1)(A)(i) thereof; and
       ``(II) did not include the requirement under paragraph 
     (1)(A)(ii) thereof.

       ``(3) Limitation.--The account of an individual may be 
     augmented not more than once under this subsection.''.
       (2) Technical and conforming amendments.--Section 4002 of 
     the Supplemental Appropriations Act, 2008 (Public Law 110-
     252; 26 U.S.C. 3304 note), as amended by paragraph (1), is 
     further amended--
       (A) by striking subsection (f); and
       (B) by redesignating subsection (g) as subsection (d).
       (c) Order of Payments Requirement.--
       (1) In general.--Section 4001(e) of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended to read as follows:
       ``(e) Coordination Rule.--An agreement under this section 
     shall not apply (or shall cease to apply) with respect to a 
     State upon a determination by the Secretary that, under the 
     State law or other applicable rules of such State, the 
     payment of extended compensation for which an individual is 
     otherwise eligible may or must be deferred until after the 
     payment of any emergency unemployment compensation under 
     section 4002, as amended by the Unemployment Benefits 
     Extension Act of 2011, for which the individual is 
     concurrently eligible.''.
       (2) Technical and conforming amendments.--Section 
     4001(b)(2) of such Act is amended--
       (A) by striking ``or extended compensation''; and
       (B) by striking ``(except as provided under subsection 
     (e))''.
       (d) 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 (F), by striking ``and'' at the end; 
     and
       (2) by inserting after subparagraph (G) the following:
       ``(H) the amendments made by section 2302 of the 
     Unemployment Benefits Extension Act of 2011; and''.
       (e) Effective Dates; Transition Rules Relating to 
     Subsection (b).--
       (1) In general.--The amendments made by--
       (A) subsection (a) shall take effect as if included in the 
     enactment of the Tax Relief, Unemployment Insurance 
     Reauthorization, and Job Creation Act of 2010 (Public Law 
     111-312);
       (B) subsections (b) and (c) shall take effect on December 
     28, 2011, and shall apply with respect to weeks of 
     unemployment beginning after that date; and
       (C) subsection (d) shall take effect on the date of 
     enactment of this Act.
       (2) Transition rules for the application of the amendments 
     made by subsection (b) in the case of individuals having 
     residual amounts in their account.--
       (A) Exhaustion of residual amounts.--In the case of an 
     individual who, as of any time during the last week ending 
     before January 3, 2012, has amounts remaining in an account 
     established under section 4002 of the Supplemental 
     Appropriations Act, 2008, emergency unemployment compensation 
     shall continue to be payable to such individual from the 
     amounts so remaining, subject to section 4007(b) of such Act, 
     as amended by this subtitle.
       (B) Non-augmentation rule.--
       (i) In general.--Except as provided in clause (ii), after 
     exhausting the amounts remaining in the individual's account 
     under subparagraph (A), no augmentation (or further 
     augmentation) to such account may be made.
       (ii) Exception.--In the case of an individual whose 
     residual amounts (as described in subparagraph (A)) represent 
     amounts that were established in such individual's account 
     under section 4002(b) of the Supplemental Appropriations Act, 
     2008, as in effect before the date of enactment of this Act, 
     no augmentation to such account may be made except in 
     accordance with section 4002(c) of such Act, as amended by 
     this subtitle.
       (3) Transition rules for the application of the amendments 
     made by subsection (b) in the case of individuals between 
     tiers.--
       (A) In general.--In the case of an individual for whom an 
     emergency unemployment compensation account has been 
     established under section 4002 of the Supplemental 
     Appropriations Act, 2008, as in effect before the date of 
     enactment of this Act, but who is not covered by paragraph 
     (2), no augmentation (or further augmentation) to such 
     account shall be allowable, except as provided in 
     subparagraph (B).
       (B) Exception.--
       (i) Rule.--In the case of a first-tier exhaustee, 
     augmentation shall be allowable in a manner similar to that 
     described in paragraph (2)(B)(ii).
       (ii) Definition.--For purposes of this subparagraph, the 
     term ``first-tier exhaustee'' means an individual--

       (I) who is described in subparagraph (A); and
       (II) whose emergency unemployment compensation account--

       (aa) has been exhausted of amounts described in section 
     4002(b) of the Supplemental Appropriations Act, 2008, as in 
     effect before the enactment of this Act; but
       (bb) has never been augmented.
       (4) Week defined.--For purposes of this subsection, the 
     term ``week'' has the meaning given such term under section 
     4006 of the Supplemental Appropriations Act, 2008.

     SEC. 2143. TEMPORARY EXTENSION OF EXTENDED BENEFIT 
                   PROVISIONS.

       (a) In General.--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), is amended--
       (1) by striking ``January 4, 2012'' each place it appears 
     and inserting ``January 31, 2013''; and
       (2) in subsection (c), by striking ``June 11, 2012'' and 
     inserting ``January 31, 2013''.
       (b) Extension of Matching for States With No Waiting 
     Week.--Section 5 of the Unemployment Compensation Extension 
     Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is 
     amended by striking ``June 10, 2012'' and inserting ``January 
     31, 2013''.
       (c) Extension of Modification of Indicators Under the 
     Extended Benefit Program.--Section 203 of the Federal-State 
     Extended Unemployment Compensation Act of 1970 (26 U.S.C. 
     3304 note) is amended--
       (1) in subsection (d), by striking ``December 31, 2011'' 
     and inserting ``January 31, 2013''; and
       (2) in subsection (f)(2), by striking ``December 31, 2011'' 
     and inserting ``January 31, 2013''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010 (Public Law 111-312; 26 U.S.C. 3304 
     note).

     SEC. 2144. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER 
                   THE RAILROAD UNEMPLOYMENT INSURANCE ACT.

       (a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad 
     Unemployment Insurance Act, as added by section 2006 of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 96 
     111-5) and as amended by section 9 of the Worker, 
     Homeownership, and Business Assistance Act of 2009 (Public 
     Law 111-92) and section 505 of the Tax Relief, Unemployment 
     Insurance Reauthorization, and Job Creation Act of 2010 
     (Public Law 111-312), is amended--
       (1) by striking ``June 30, 2011'' and inserting ``June 30, 
     2012''; and
       (2) by striking ``December 31, 2011'' and inserting 
     ``January 31, 2013''.
       (b) Clarification on Authority to Use Funds.--Funds 
     appropriated under either the first or second sentence of 
     clause (iv) of section 2(c)(2)(D) of the Railroad 
     Unemployment Insurance Act shall be available to cover the 
     cost of additional extended unemployment benefits provided 
     under such section 2(c)(2)(D) by reason of the amendments 
     made by subsection (a) as well as to cover the cost of such 
     benefits provided under such section 2(c)(2)(D), as in effect 
     on the day before the date of enactment of this Act.

     PART 3--IMPROVING REEMPLOYMENT STRATEGIES UNDER THE EMERGENCY 
                   UNEMPLOYMENT COMPENSATION PROGRAM

     SEC. 2161. IMPROVED WORK SEARCH FOR THE LONG-TERM UNEMPLOYED.

       (a) In General.--Section 4001(b) of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3) and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(4) are able to work, available to work, and actively 
     seeking work.''.
       (b) Actively Seeking Work.--Section 4001 of such Act is 
     amended by adding at the end the following:
       ``(h) Actively Seeking Work.--
       ``(1) In general.--For purposes of subsection (b)(4), the 
     term `actively seeking work' means, with respect to any 
     individual, that such individual is actively engaged in a 
     systematic and sustained effort to obtain work, as determined 
     based on evidence (whether in electronic format or otherwise) 
     satisfactory to the State agency charged with the 
     administration of the State law.
       ``(2) Specific requirements.--The specific requirements 
     that must be met in order to satisfy subsection (b)(4), to 
     the extent that it relates to actively seeking work, shall be 
     established by the State agency, and shall include the 
     following:

[[Page 19866]]

       ``(A) Registration for employment services within 30 days 
     after the date on which occurs whichever of the following 
     events occurs first, in the case of the individual referred 
     to in paragraph (1):
       ``(i) The submission of the claim on the basis of which 
     amounts described in section 4002(b) (as amended by the 
     Unemployment Benefits Extension Act of 2011) first become 
     payable to such individual.
       ``(ii) The submission of the claim on the basis of which 
     amounts described in section 4002(c) (as amended by the 
     Unemployment Benefits Extension Act of 2011) first become 
     payable to such individual.
       ``(B) Posting a resume, record, or other application for 
     employment on such database as the State agency may require.
       ``(C) Applying, in such manner as the State agency may 
     require, for work.''.

     SEC. 2162. REEMPLOYMENT SERVICES AND REEMPLOYMENT AND 
                   ELIGIBILITY ASSESSMENT ACTIVITIES.

       (a) In General.--
       (1) Provision of services and activities.--Section 4001 of 
     the Supplemental Appropriations Act, 2008 (Public Law 110-
     252; 26 U.S.C. 3304 note) is amended by inserting after 
     subsection (h) (as added by section 2161) the following:
       ``(i) Provision of Services and Activities.--
       ``(1) In general.--An agreement under this section shall 
     require the following:
       ``(A) The State which is party to such agreement shall 
     provide reemployment services and reemployment and 
     eligibility assessment activities to each individual--
       ``(i) who, on or after the 30th day after the date of 
     enactment of the Extended Benefits, Reemployment, and Program 
     Integrity Improvement Act, begins receiving amounts described 
     in subsection (b) and (c) of 4002 of the Supplemental 
     Appropriations Act of 2008, as amended by the Extended 
     Benefits, Reemployment, and Program Integrity Improvement 
     Act; and
       ``(ii) while such individual continues to receive emergency 
     unemployment compensation under this title.
       ``(B) As a condition of eligibility for emergency 
     unemployment compensation for any week--
       ``(i) a claimant shall meet the minimum educational 
     requirements set forth in section 303(a)(10)(B) of the Social 
     Security Act;
       ``(ii) a claimant who has been duly referred to 
     reemployment services shall participate in such services; and
       ``(iii) a claimant shall be actively seeking work 
     (determined applying subsection (h)).
       ``(2) Description of services and activities.--The 
     reemployment services and in-person reemployment and 
     eligibility assessment activities provided to individuals 
     receiving emergency unemployment compensation described in 
     paragraph (1)--
       ``(A) shall include--
       ``(i) the provision of labor market and career information;
       ``(ii) an assessment of the skills of the individual;
       ``(iii) orientation to the services available through the 
     one-stop centers established under title I of the Workforce 
     Investment Act of 1998; and
       ``(iv) review of the eligibility of the individual for 
     emergency unemployment compensation relating to the job 
     search activities of the individual; and
       ``(B) may include the provision of--
       ``(i) comprehensive and specialized assessments;
       ``(ii) individual and group career counseling;
       ``(iii) training services;
       ``(iv) additional reemployment services; and
       ``(v) job search counseling and the development or review 
     of an individual reemployment plan that includes 
     participation in job search activities and appropriate 
     workshops.
       ``(3) Participation requirement.--As a condition of 
     continuing eligibility for emergency unemployment 
     compensation for any week, an individual who has been 
     referred to reemployment services or reemployment and 
     eligibility assessment activities under this subsection shall 
     participate in such services or activities, unless the State 
     agency responsible for the administration of State 
     unemployment compensation law determines that--
       ``(A) such individual has completed participating in such 
     services or activities; or
       ``(B) there is justifiable cause for failure to participate 
     or to complete participating in such services or activities, 
     as determined in accordance with guidance to be issued by the 
     Secretary.''.
       (2) Issuance of guidance.--Not later than 30 days after the 
     date of enactment of this Act, the Secretary shall issue 
     guidance on the implementation of the reemployment services 
     and reemployment and eligibility assessment activities 
     required to be provided under the amendment made by paragraph 
     (1).
       (b) Funding.--Section 4002 of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note), as amended by section 2142(b), is further amended by 
     adding at the end the following:
       ``(e) Optional Funding for Reemployment Services and 
     Reemployment and Eligibility Assessment Activities.--In order 
     to carry out section 4001(i)(2), a State may withhold up to 
     $5 from any amount otherwise payable to an individual under 
     this title for any week.''.

     SEC. 2163. STATE FLEXIBILITY TO SUPPORT LONG-TERM UNEMPLOYED 
                   WORKERS WITH IMPROVED REEMPLOYMENT SERVICES.

       Title IV of the Supplemental Appropriations Act, 2008 
     (Public Law 110-252; 26 U.S.C. 3304 note) is amended by 
     adding at the end the following:


                        ``demonstration projects

       ``Sec. 4008.  (a) The Secretary may enter into an agreement 
     under this section, with any State which has an agreement 
     with the Secretary under section 4001 and which submits an 
     application under subsection (b), for the purpose of allowing 
     such State to divert, in any month, a number of emergency 
     unemployment compensation beneficiaries not to exceed 20 
     percent of the total number of beneficiaries, attributable to 
     such State and receiving emergency unemployment compensation 
     for the first week of such month, to conduct demonstration 
     projects to test and evaluate measures designed--
       ``(1) to expedite the reemployment of individuals who 
     establish initial eligibility for unemployment compensation 
     under the State law of such State; or
       ``(2) to improve the effectiveness of a State in carrying 
     out its State law with respect to reemployment.
       ``(b) The Governor of any State desiring to conduct a 
     demonstration project under this section shall submit an 
     application to the Secretary. Any such application shall 
     include--
       ``(1) a description of the activities to be carried out by 
     the State to assist in the reemployment of eligible 
     individuals to be served in accordance with this part, 
     including activities the State intends to carry out and an 
     estimate of the amounts the State intends to allocate to 
     those respective activities;
       ``(2) a description of the performance outcomes to be 
     achieved by the State through the activities carried out 
     under this part, including the employment outcomes to be 
     achieved by participants and the processes the State will use 
     to track performance, consistent with guidance provided by 
     the Secretary regarding such outcomes and processes;
       ``(3) the timelines for implementation of the activities 
     described in the application and the number of emergency 
     unemployment compensation claimants expected to be enrolled 
     in such activities for each quarter;
       ``(4) assurances that the State will participate in the 
     evaluation activities carried out by the Secretary under this 
     section;
       ``(5) assurances that the State will provide appropriate 
     reemployment services to individuals participating in the 
     demonstration project;
       ``(6) assurances that the State will report such 
     information as the Secretary may require relating to fiscal, 
     performance and other matters, including employment outcomes;
       ``(7) the specific aspects of the project to which the 
     waiver would apply and the reasons why such waiver is needed;
       ``(8) a description of the goals and the expected 
     programmatic outcomes of the demonstration project, including 
     how the project would contribute to the objective described 
     in subsection (a)(1), subsection (a)(2), or both;
       ``(9) assurances (accompanied by supporting analysis) that 
     the demonstration project would not result in any increased 
     net costs to the emergency unemployment compensation program;
       ``(10) a description of the manner in which the State--
       ``(A) will conduct an impact evaluation, using a control or 
     comparison group or other valid methodology, of the 
     demonstration project; and
       ``(B) will determine the extent to which the goals and 
     outcomes described in paragraph (8) were achieved; and
       ``(11) assurances that the State will provide any reports 
     relating to the demonstration project, after its approval, as 
     the Secretary may require.
       ``(c) Activities that may be pursued under a demonstration 
     project under this section, including--
       ``(1) subsidies for employer-provided training, such as 
     wage subsidies;
       ``(2) work sharing or short-time compensation; and
       ``(3) enhanced employment strategies, which may include 
     services such as--
       ``(A) assessments, counseling, and other intensive services 
     that are provided by staff on a one-to-one basis and may be 
     customized to meet the reemployment needs of emergency 
     unemployment compensation claimants and individuals;
       ``(B) comprehensive assessments designed to identify 
     alternative career paths;
       ``(C) case management;
       ``(D) reemployment services that are provided more 
     frequently and more intensively than such reemployment 
     services have previously been provided by the State;
       ``(E) self-employment assistance programs;
       ``(F) services that are designed to enhance communication 
     skills, interviewing skills, and other skills that would 
     assist in obtaining reemployment;
       ``(G) direct disbursements to employers who hire 
     individuals receiving emergency unemployment compensation to 
     cover part of the cost of wages that exceed the unemployed 
     individual's prior benefit level; and
       ``(H) other innovative activities which use a strategy that 
     is different from the reemployment strategies described above 
     and which are designed to facilitate the reemployment of 
     individuals receiving emergency unemployment compensation.
       ``(d) The Secretary shall, in the case of any State for 
     which an application is submitted under subsection (b)--
       ``(1) notify the State as to whether such application has 
     been approved or denied within 30 days after receipt of a 
     complete application; and
       ``(2) provide public notice of the decision within 10 days 
     after providing notification to the State in accordance with 
     paragraph (1).


[[Page 19867]]


     Public notice under paragraph (2) may be provided through the 
     Internet or other appropriate means. Any application under 
     this section that has not been denied within such 30 days 
     shall be deemed approved, and public notice of any approval 
     under this sentence shall be provided within 10 days 
     thereafter.
       ``(e) The Secretary may terminate a demonstration project 
     under this section if the Secretary determines that the State 
     has violated the substantive terms or conditions of the 
     project.
       ``(f) Authority to carry out a demonstration project under 
     this section shall terminate with respect to any State after 
     compensation under this title ceases to be payable with 
     respect to such State.''.

     SEC. 2164. PROMOTING PROGRAM INTEGRITY THROUGH BETTER 
                   RECOVERY OF OVERPAYMENTS.

       Section 4005(c)(1) of the Supplemental Appropriations Act, 
     2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
       (1) by striking ``may'' and inserting ``shall'';
       (2) by striking ``exceed'' and inserting ``be less than''; 
     and
       (3) by striking ``made.'' and inserting ``made, unless the 
     amount to be repaid is less than 50 percent of the weekly 
     benefit amount.''.

     SEC. 2165. RESTORE STATE FLEXIBILITY TO IMPROVE UNEMPLOYMENT 
                   PROGRAM SOLVENCY.

       Subsection (g) of section 4001 of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is repealed.

        Subtitle C--Medicare Extensions; Other Health Provisions

                      PART 1--MEDICARE EXTENSIONS

     SEC. 2201. PHYSICIAN PAYMENT UPDATE.

       (a) In General.--Section 1848(d) of the Social Security Act 
     (42 U.S.C. 1395w-4(d)) is amended by adding at the end the 
     following new paragraph:
       ``(13) Update for 2012 and 2013.--
       ``(A) In general.--Subject to paragraphs (7)(B), (8)(B), 
     (9)(B), (10)(B), (11)(B), and (12)(B), in lieu of the update 
     to the single conversion factor established in paragraph 
     (1)(C) that would otherwise apply for 2012 and for 2013, the 
     update to the single conversion factor shall be 1.0 percent 
     for the year.
       ``(B) No effect on computation of conversion factor for 
     2014 and subsequent years.--The conversion factor under this 
     subsection shall be computed under paragraph (1)(A) for 2014 
     and subsequent years as if subparagraph (A) had never 
     applied.''.
       (b) Mandated Studies on Physician Payment Reform.--
       (1) Study by secretary on options for bundled or episode-
     based payment.--
       (A) In general.--The Secretary of Health and Human Services 
     shall conduct a study that examines options for bundled or 
     episode-based payments, to cover physicians' services 
     currently paid under the physician fee schedule under section 
     1848 of the Social Security Act (42 U.S.C. 1395w-4), for one 
     or more prevalent chronic conditions (such as cancer, 
     diabetes, and congestive heart failure) or episodes of care 
     for one or more major procedures (such as medical device 
     implantation). In conducting the study the Secretary shall 
     consult with medical professional societies and other 
     relevant stakeholders. The study shall include an examination 
     of related private payer payment initiatives.
       (B) Report.--Not later than January 1, 2013, the Secretary 
     shall submit to the Committees on Ways and Means and Energy 
     and Commerce of the House of Representatives and the 
     Committee on Finance in the Senate a report on the study 
     conducted under this paragraph. The Secretary shall include 
     in the report recommendations on suitable alternative payment 
     options for services paid under such fee schedule and on 
     associated implementation requirements (such as timelines, 
     operational issues, and interactions with other payment 
     reform initiatives).
       (2) GAO study of private payer initiatives.--
       (A) In general.--The Comptroller General of the United 
     States shall conduct a study that examines initiatives of 
     private entities offering or administering health insurance 
     coverage, group health plans, or other private health benefit 
     plans to base or adjust physician payment rates under such 
     coverage or plans for performance on quality and efficiency 
     as well as demonstration of care delivery improvement 
     activities (such as adherence to evidence based guidelines 
     and patient shared decision making programs). In conducting 
     such study, the Comptroller General shall consult, to the 
     extent appropriate, with medical professional societies and 
     other relevant stakeholders.
       (B) Report.--Not later than January 1, 2013, the 
     Comptroller General shall submit to the Committees on Ways 
     and Means and Energy and Commerce of the House of 
     Representatives and the Committee on Finance in the Senate a 
     report on the study conducted under this paragraph. Such 
     report shall include an assessment of applicability of the 
     payer initiatives described in subparagraph (A) to the 
     Medicare program and recommendations on modifications to 
     existing Medicare performance-based payment initiatives.
       (3) MedPAC study of aligning payment incentives.--Not later 
     than March 1, 2013, the Medicare Payment Advisory Commission 
     shall conduct a study, and submit to the Committees on Ways 
     and Means and Energy and Commerce of the House of 
     Representatives and the Committee on Finance in the Senate a 
     report, that examines the feasibility of aligning private 
     payer quality and efficiency programs with those in the 
     Medicare program. In conducting such study, the Medicare 
     Payment Advisory Commission shall consult with medical 
     professional societies and other relevant stakeholders. Such 
     report shall include recommendations on how to achieve such 
     alignment.
       (4) Collaboration.--The Secretary, Comptroller General, and 
     Commission may collaborate to the extent beneficial in 
     conducting their respective studies and submitting their 
     respective reports under this subsection.
       (c) Study and Review of Measures To Improve Physician 
     Payments, Health Outcomes, and Efficiency.--During the 112th 
     Congress, the Committees on Energy and Commerce and Ways and 
     Means of the House of Representatives and the Committee on 
     Finance in the Senate shall each study and review value-based 
     measures and practice arrangements which may improve health 
     outcomes and efficiency in the Medicare program to the end of 
     replacing the Medicare sustainable growth rate in a fiscally 
     responsible manner and establishing a sustainable payment 
     system. In conducting such study and review, the committees 
     shall solicit comments from stakeholder physician groups, 
     including State medical associations.

     SEC. 2202. AMBULANCE ADD-ONS.

       (a) Ground Ambulance.--Section 1834(l)(13)(A) of the Social 
     Security Act (42 U.S.C. 1395m(l)(13)(A)), as amended by 
     section 106(a) of the Medicare and Medicaid Extenders Act of 
     2010 (Public Law 111-309), is amended--
       (1) in the matter preceding clause (i), by striking 
     ``2012'' and inserting ``2013''; and
       (2) in each of clauses (i) and (ii), by striking ``2012'' 
     and inserting ``2013'' each place it appears.
       (b) Super Rural Ambulance.--Section 1834(l)(12)(A) of the 
     Social Security Act (42 U.S.C. 1395m(l)(12)(A)), as amended 
     by section 106(c) of the Medicare and Medicaid Extenders Act 
     of 2010 (Public Law 111-309), is amended in the first 
     sentence by striking ``2012'' and inserting ``2013''.
       (c) GAO Report Update.--Not later than October 1, 2012, the 
     Comptroller General of the United States shall update the GAO 
     report GAO-07-383 (relating to Ambulance Providers: Costs and 
     Expected Medicare Margins Vary Greatly) to reflect current 
     costs for ambulance providers.
       (d) MedPAC Report.--The Medicare Payment Advisory 
     Commission shall conduct a study of--
       (1) the appropriateness of the add-on payments for 
     ambulance providers under paragraphs (12)(A) and (13)(A) of 
     section 1834(l) of the Social Security Act (42 U.S.C. 
     1395m(l));
       (2) the effect these additional payments have on the 
     Medicare margins of ambulance providers; and
       (3) whether there is a need to reform the Medicare 
     ambulance fee schedule under such section and, if so, what 
     should such reforms be, including rolling the add-on payments 
     into the base rate.

     Not later than July 1, 2012, the Commission shall submit to 
     the Committees on Ways and Means and Energy and Commerce of 
     the House of Representatives and the Committee on Finance of 
     the Senate a report on such study and shall include in the 
     report such recommendations as the Commission deems 
     appropriate.
       (e) Effective Date.--The amendments made by subsections (a) 
     and (b) shall apply to ambulance services furnished on or 
     after January 1, 2012.

     SEC. 2203. MEDICARE PAYMENT FOR OUTPATIENT THERAPY SERVICES.

       (a) Application of Additional Requirements.--Section 
     1833(g)(5) of the Social Security Act (42 U.S.C. 1395l(g)(5)) 
     is amended--
       (1) by inserting ``(A)'' after ``(5)'';
       (2) by striking ``December 31, 2011'' and inserting 
     ``December 31, 2013'';
       (3) in the first sentence, by inserting ``and if the 
     requirement of subparagraph (B) is met'' after ``medically 
     necessary'';
       (4) in the second sentence, by inserting ``made in 
     accordance with such requirement'' after ``receipt of the 
     request''; and
       (5) by adding at the end the following new subparagraphs:
       ``(B) In the case of outpatient therapy services for which 
     an exception is requested under the first sentence of 
     subparagraph (A), the claim for such services contains an 
     appropriate modifier (such as the KX modifier used as of the 
     date of the enactment of this subparagraph) indicating that 
     such services are medically necessary as justified by 
     appropriate documentation in the medical record involved.
       ``(C)(i) In applying this paragraph with respect to a 
     request for an exception with respect to expenses that would 
     be incurred for outpatient therapy services (including 
     services described in subsection (a)(8)(B)) that would exceed 
     the threshold described in clause (ii) for a year, the 
     request for such an exception, for services furnished on or 
     after July 1, 2012, shall be subject to a manual medical 
     review process that is similar to the manual medical review 
     process used for certain exceptions under this paragraph in 
     2006.
       ``(ii) The threshold under this clause for a year is 
     $3,700. Such threshold shall be applied separately--
       ``(I) for physical therapy services and speech-language 
     pathology services; and
       ``(II) for occupational therapy services.''.
       (b) Application of Therapy Cap to Therapy Furnished as Part 
     of Hospital Outpatient Services.--Paragraphs (1) and (3) of 
     section 1833(g) of such Act are each amended by striking 
     ``but not described in section 1833(a)(8)(B)'' and inserting 
     ``but (with respect to services furnished before July 1, 
     2012) not described in subsection (a)(8)(B)''.

[[Page 19868]]

       (c) Requirement for Inclusion on Claims of NPI of Physician 
     Who Reviews Therapy Plan.--Section 1842(t) of such Act (42 
     U.S.C. 1395u(t)) is amended--
       (1) by inserting ``(1)'' after ``(t)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Each request for payment, or bill submitted, for 
     therapy services described in paragraph (1) or (3) of section 
     1833(g) furnished on or after July 1, 2012, for which payment 
     may be made under this part shall include the national 
     provider identifier of the physician who periodically reviews 
     the plan for such services under section 1861(p)(2).''.
       (d) Implementation.--The Secretary of Health and Human 
     Services shall implement such claims processing edits and 
     issue such guidance as may be necessary to implement the 
     amendments made by this section in a timely manner. 
     Notwithstanding any other provision of law, the Secretary may 
     implement the amendments made by this section by program 
     instruction. Of the amount of funds made available to the 
     Secretary for fiscal year 2012 for program management for the 
     Centers for Medicare & Medicaid Services, not to exceed 
     $7,500,000 shall be available for such fiscal year to carry 
     out section 1833(g)(5)(C) of the Social Security Act 
     (relating to manual medical review), as added by subsection 
     (a). Of the amount of funds made available to the Secretary 
     for fiscal year 2013 for such program management, not to 
     exceed $7,500,000 shall be available for such fiscal year to 
     carry out such section.
       (e) Effective Date.--The amendments made by subsection (a) 
     shall apply to services furnished on or after January 1, 
     2012.
       (f) MedPAC Report on Improved Medicare Therapy Benefits.--
     Not later than March 1, 2013, the Medicare Payment Advisory 
     Commission shall submit to the Committees on Energy and 
     Commerce and Ways and Means of the House of Representatives 
     and to the Committee on Finance of the Senate a report making 
     recommendations on how to improve the outpatient therapy 
     benefit under part B of title XVIII of the Social Security 
     Act. The report shall include recommendations on how to 
     reform the payment system for such outpatient therapy 
     services under such part so that the benefit is better 
     designed to reflect individual acuity, condition, and therapy 
     needs of the patient. Such report shall include an 
     examination of private sector initiatives relating to 
     outpatient therapy benefits.
       (g) Collection of Additional Data.--
       (1) Strategy.--The Secretary of Health and Human Services 
     shall implement, beginning on January 1, 2013, a claims-based 
     data collection strategy that is designed to assist in 
     reforming the Medicare payment system for outpatient therapy 
     services subject to the limitations of section 1833(g) of the 
     Social Security Act. Such strategy shall be designed to 
     provide for the collection of data on patient function during 
     the course of therapy services in order to better understand 
     patient condition and outcomes.
       (2) Consultation.--In proposing and implementing such 
     strategy, the Secretary shall consult with relevant 
     stakeholders.
       (h) GAO Report on Manual Medical Review Process 
     Implementation.--Not later than May 1, 2013, the Comptroller 
     General of the United States shall submit to the Committees 
     on Energy and Commerce and Ways and Means of the House of 
     Representatives and to the Committee on Finance of the Senate 
     a report on the implementation of the manual medical review 
     process referred to in section 1833(g)(5)(C) of the Social 
     Security Act. Such report shall include aggregate data on the 
     number of individuals and claims subject to such process, the 
     number of reviews conducted under such process, and the 
     outcome of such reviews.

     SEC. 2204. WORK GEOGRAPHIC ADJUSTMENT.

       (a) In General.--Section 1848(e)(1)(E) of the Social 
     Security Act (42 U.S.C. 1395w-4(e)(1)(E)) is amended by 
     striking ``January 1, 2012'' and inserting ``January 1, 
     2013''.
       (b) Report.--Not later than June 1, 2012, the Medicare 
     Payment Advisory Commission shall submit to the Committees on 
     Ways and Means and Energy and Commerce of the House of 
     Representatives and the Committee on Finance of the Senate a 
     report that assesses whether any geographic adjustment is 
     needed under section 1848 of the Social Security Act (42 
     U.S.C. 1395w-4) to distinguish the difference in work effort 
     by geographic area and, if so, what that level should be and 
     where it should be applied. The report shall also assess the 
     impact of the work geographic adjustment under such section, 
     including the extent to which the floor impacts access to 
     care.

                    PART 2--OTHER HEALTH PROVISIONS

     SEC. 2211. QUALIFYING INDIVIDUAL (QI) PROGRAM.

       (a) Extension.--Section 1902(a)(10)(E)(iv) of the Social 
     Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by 
     striking ``December 2011'' and inserting ``December 2012''.
       (b) Extending Total Amount Available for Allocation.--
     Section 1933(g) of such Act (42 U.S.C. 1396u-3(g)) is 
     amended--
       (1) in paragraph (2)--
       (A) by striking ``and'' at the end of subparagraph (O);
       (B) in subparagraph (P), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following new subparagraphs:
       ``(Q) for the period that begins on January 1, 2012, and 
     ends on September 30, 2012, the total allocation amount is 
     $450,000,000; and
       ``(R) for the period that begins on October 1, 2012, and 
     ends on December 31, 2012, the total allocation amount is 
     $280,000,000.''; and
       (2) in paragraph (3), in the matter preceding subparagraph 
     (A), by striking ``or (P)'' and inserting ``(P), or (R)''.

     SEC. 2212. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE 
                   (TMA).

       (a) Extension.--Sections 1902(e)(1)(B) and 1925(f) of the 
     Social Security Act (42 U.S.C. 1396a(e)(1)(B), 1396r-6(f)) 
     are each amended by striking ``December 31, 2011'' and 
     inserting ``December 31, 2012''.
       (b) Extending Application of Termination of Eligibility 
     Based on Income to Initial Extension Period.--
       (1) Income reporting requirements.--Subsection (b)(2)(B)(i) 
     of section 1925 of such Act (42 U.S.C. 1396r-6) is amended--
       (A) by striking ``additional extended assistance under this 
     subsection'' and inserting ``continued extended assistance 
     under subsection (a)''; and
       (B) by inserting ``(and, in the case of a State that makes 
     an election under subsection (a)(5), the 7th month and the 
     11th month)'' after ``4th month''.
       (2) Termination.--Subsection (a)(3) of such section is 
     amended--
       (A) in subparagraph (B)--
       (i) by inserting ``or (D)'' after ``subparagraph (A)''; and
       (ii) by striking the period at the end and inserting the 
     following: ``, which notice shall include (in the case of 
     termination under subparagraph (D)(ii), relating to no 
     continued earnings) a description of how the family may 
     reestablish eligibility for medical assistance under the 
     State plan. No termination shall be effective under 
     subparagraph (D) earlier than 10 days after the date of 
     mailing of such notice.'';
       (B) in subparagraph (C)--
       (i) by designating the matter beginning with ``With respect 
     to'' as a clause (i) with the heading ``Dependent children.--
     '' and appropriate indentation; and
       (ii) by adding at the end the following new clause:
       ``(ii) Medically needy.--With respect to an individual who 
     would cease to receive medical assistance because of 
     subparagraph (D) but who may be eligible for assistance under 
     the State plan because the individual is within a category of 
     person for which medical assistance under the State plan is 
     available under section 1902(a)(10)(C) (relating to medically 
     needy individuals), the State may not discontinue such 
     assistance under such subparagraph until the State has 
     determined that the individual is not eligible for assistance 
     under the plan.''; and
       (C) by adding at the end the following new subparagraph:
       ``(D) Quarterly income reporting and test.--Subject to 
     subparagraphs (B) and (C), extension of assistance during the 
     6-month period described in paragraph (1) to a family shall 
     terminate (during the period) at the close of the 4th month 
     of the 6-month period (or 4th, 7th, or 11th month in case of 
     a State that makes an election under paragraph (5)) if--
       ``(i) the family fails to report to the State, by the 21st 
     day of such month, the information required under subsection 
     (b)(2)(B)(i), unless the family has established, to the 
     satisfaction of the State, good cause for the failure to 
     report on a timely basis;
       ``(ii) the caretaker relative had no earnings in one or 
     more of the previous 3 months, unless such lack of any 
     earnings was due to an involuntary loss of employment, 
     illness, or other good cause, established to the satisfaction 
     of the State; or
       ``(iii) the State determines that the family's average 
     gross monthly earnings (less such costs for such child care 
     as is necessary for the employment of the caretaker relative) 
     during the immediately preceding 3-month period exceed 185 
     percent of the official poverty line (as defined by the 
     Office of Management and Budget, and revised annually in 
     accordance with section 673(2) of the Omnibus Budget 
     Reconciliation Act of 1981) applicable to a family of the 
     size involved.

     Information described in clause (i) shall be subject to the 
     restrictions on use and disclosure of information provided 
     under section 402(a)(9). Instead of terminating a family's 
     extension under clause (i), a State, at its option, may 
     provide for suspension of the extension until the month after 
     the month in which the family reports information required 
     under subsection (b)(2)(B)(i), but only if the family's 
     extension has not otherwise been terminated under clause (ii) 
     or (iii). The State shall make determinations under clause 
     (iii) for a family each time a report under subsection 
     (b)(2)(B)(i) for the family is received.''.
       (3) Effective date.--
       (A) In general.--The amendments made by this subsection 
     shall, subject to subparagraph (B), apply to assistance 
     furnished for months beginning with January 2012.
       (B) Transition for current beneficiaries.--
       (i) In general.--Subject to clause (ii), such amendments 
     shall not apply to any individual who is receiving extended 
     assistance under subsection (a) of section 1925 of the Social 
     Security Act for December 2011 during the period of 
     assistance that includes such month.
       (ii) Special rule for individuals eligible for 12 months 
     extended assistance.--In the case of a State that makes an 
     election under paragraph (5) of such section, such amendments 
     shall apply to an individual who is receiving such extended 
     assistance for such month if such month is within the first 6 
     months of the 12-month period referred to in such paragraph 
     but

[[Page 19869]]

     only with respect to the second 6 months of such 12-month 
     period.

     SEC. 2213. MODIFICATION TO REQUIREMENTS FOR QUALIFYING FOR 
                   EXCEPTION TO MEDICARE PROHIBITION ON CERTAIN 
                   PHYSICIAN REFERRALS FOR HOSPITALS.

       (a) In General.--Section 1877(i) of the Social Security Act 
     (42 U.S.C. 1395nn(i)) is amended--
       (1) in paragraph (1)(A)--
       (A) in the matter preceding clause (i), by striking 
     ``had'';
       (B) in clause (i), by inserting ``had'' before ``physician 
     ownership''; and
       (C) by amending clause (ii) to read as follows:
       ``(ii) either--

       ``(I) had a provider agreement under section 1866 in effect 
     on such date; or
       ``(II) was under construction on such date.''; and

       (2) in paragraph (3)--
       (A) by amending subparagraph (E) to read as follows:
       ``(E) Applicable hospital.--In this paragraph, the term 
     `applicable hospital' means a hospital that does not 
     discriminate against beneficiaries of Federal health care 
     programs and does not permit physicians practicing at the 
     hospital to discriminate against such beneficiaries.''; and
       (B) in subparagraph (F)(iii), by striking ``subparagraph 
     (E)(iii)'' and inserting ``subparagraph (E)''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall be effective as if as if included in the enactment of 
     subsection (i) of section 1877 of the Social Security Act (42 
     U.S.C. 1395nn).

                            PART 3--OFFSETS

     SEC. 2221. ADJUSTMENTS TO MAXIMUM THRESHOLDS FOR RECAPTURING 
                   OVERPAYMENTS RESULTING FROM CERTAIN FEDERALLY-
                   SUBSIDIZED HEALTH INSURANCE.

       The table specified in clause (i) of section 36B(f)(2)(B) 
     of the Internal Revenue Code of 1986 is amended to read as 
     follows:


----------------------------------------------------------------------------------------------------------------
  ``If the household income (expressed as a percent of
                   poverty line) is:                                 The applicable dollar amount is:
----------------------------------------------------------------------------------------------------------------
Less than 100 percent                                    $600
At least 100 percent and less than 150 percent           $800
At least 150 percent but less than 200 percent           $1,000
At least 200 percent but less than 250 percent           $1,500
At least 250 percent but less than 300 percent           $2,200
At least 300 percent but less than 350 percent           $2,500
At least 350 percent but less than 400 percent           $3,200.''.
----------------------------------------------------------------------------------------------------------------

     SEC. 2222. PREVENTION AND PUBLIC HEALTH FUND.

       Section 4002(b) of the Patient Protection and Affordable 
     Care Act (42 U.S.C. 300u-11(b)) is amended--
       (1) in paragraph (3), by adding at the end ``and''; and
       (2) by striking each of paragraphs (4) through (6) and 
     inserting the following:
       ``(4) for fiscal year 2013 and each subsequent fiscal year, 
     $640,000,000.''.

     SEC. 2223. PARITY IN MEDICARE PAYMENTS FOR HOSPITAL 
                   OUTPATIENT DEPARTMENT EVALUATION AND MANAGEMENT 
                   OFFICE VISIT SERVICES.

       Section 1833(t) of the Social Security Act (42 U.S.C. 
     1395l(t)) is amended--
       (1) in paragraph (3)--
       (A) in subparagraph (D), by striking ``The Secretary'' and 
     inserting ``Subject to subparagraph (H), the Secretary''; and
       (B) by adding at the end the following new subparagraph:
       ``(H) Parity in fee schedule amount for specified 
     evaluation and management services.--
       ``(i) In general.--In the case of covered OPD services that 
     are specified evaluation and management services furnished 
     during 2012 or a subsequent year, there shall be substituted 
     for the medicare OPD fee schedule amount established under 
     subparagraph (D) for such services and year, before 
     application of any geographic or other adjustment, an amount 
     equal to the product of the conversion factor established 
     under section 1848(d) for such year and the amount by which--

       ``(I) the non-facility practice expense relative value 
     units under the fee schedule under section 1848 for such year 
     for physicians' services that are such specified evaluation 
     and management services; exceeds
       ``(II) the facility practice expense relative value unit 
     under such fee schedule for such year and services.

       ``(ii) Budget neutrality.--In determining the adjustments 
     under paragraph (9)(B) for 2012 or a subsequent year, the 
     Secretary shall not take into account under such paragraph or 
     paragraph (2)(E) any changes in expenditures that result from 
     the application of this subparagraph.
       ``(iii) Specified evaluation and management services 
     defined.--For the purposes of this subparagraph, the term 
     `specified evaluation and management services' means the 
     HCPCS codes in the range 99201 through 99215 as of January 1, 
     2011 (and such codes as subsequently modified by the 
     Secretary).''; and
       (2) in paragraph (9)(B), by striking ``If the Secretary'' 
     and inserting ``Subject to paragraph (3)(H)(ii), if the 
     Secretary''.

     SEC. 2224. REDUCTION OF BAD DEBT TREATED AS AN ALLOWABLE 
                   COST.

       (a) Hospitals.--Section 1861(v)(1)(T) of the Social 
     Security Act (42 U.S.C. 1395x(v)(1)(T)) is amended--
       (1) in clause (iii), by striking ``and'' at the end;
       (2) in clause (iv)--
       (A) by striking ``a subsequent fiscal year'' and inserting 
     ``fiscal years 2001 through 2012''; and
       (B) by striking the period at the end and inserting ``, 
     and''; and
       (3) by adding at the end the following:
       ``(v) for cost reporting periods beginning during fiscal 
     year 2013, by 35 percent of such amount otherwise allowable,
       ``(vi) for cost reporting periods beginning during fiscal 
     year 2014, by 40 percent of such amount otherwise allowable, 
     and
       ``(vii) for cost reporting periods beginning during a 
     subsequent fiscal year, by 45 percent of such amount 
     otherwise allowable.''.
       (b) Skilled Nursing Facilities.--Section 1861(v)(1)(V) of 
     such Act (42 U.S.C. 1395x(v)(1)(V)) is amended--
       (1) in the matter preceding clause (i), by striking ``with 
     respect to cost reporting periods beginning on or after 
     October 1, 2005'' and inserting ``and (beginning with respect 
     to cost reporting periods beginning during fiscal year 2013) 
     for covered skilled nursing services described in section 
     1888(e)(2)(A) furnished by hospital providers of extended 
     care services (as described in section 1883)'';
       (2) in clause (i), by striking ``reduced by'' and all that 
     follows through ``allowable; and'' and inserting the 
     following: ``reduced by--

       ``(I) for cost reporting periods beginning on or after 
     October 1, 2005, but before fiscal year 2013, 30 percent of 
     such amount otherwise allowable;
       ``(II) for cost reporting periods beginning during fiscal 
     year 2013, by 35 percent of such amount otherwise allowable;
       ``(III) for cost reporting periods beginning during fiscal 
     year 2014, by 40 percent of such amount otherwise allowable; 
     and
       ``(IV) for cost reporting periods beginning during a 
     subsequent fiscal year, by 45 percent of such amount 
     otherwise allowable; and''; and

       (3) in clause (ii), by striking ``such section shall not be 
     reduced.'' and inserting ``such section--

       ``(I) for cost reporting periods beginning on or after 
     October 1, 2005, but before fiscal year 2013, shall not be 
     reduced;
       ``(II) for cost reporting periods beginning during fiscal 
     year 2013, shall be reduced by 15 percent of such amount 
     otherwise allowable;
       ``(III) for cost reporting periods beginning during fiscal 
     year 2014, shall be reduced by 30 percent of such amount 
     otherwise allowable; and
       ``(IV) for cost reporting periods beginning during a 
     subsequent fiscal year, shall be reduced by 45 percent of 
     such amount otherwise allowable.''.

       (c) Certain Other Providers.--Section 1861(v)(1) of such 
     Act (42 U.S.C. 1395x(v)(1)) is amended by adding at the end 
     the following new subparagraph:
       ``(W)(i) In determining such reasonable costs for providers 
     described in clause (ii), the amount of bad debts otherwise 
     treated as allowable costs which are attributable to 
     deductibles and coinsurance amounts under this title shall be 
     reduced--
       ``(I) for cost reporting periods beginning during fiscal 
     year 2013, by 15 percent of such amount otherwise allowable;
       ``(II) for cost reporting periods beginning during fiscal 
     year 2014, by 30 percent of such amount otherwise allowable; 
     and
       ``(III) for cost reporting periods beginning during a 
     subsequent fiscal year, by 45 percent of such amount 
     otherwise allowable.
       ``(ii) A provider described in this clause is a provider of 
     services not described in subparagraph (T) or (V), a 
     supplier, or any other type of entity that receives payment 
     for bad debts under the authority under subparagraph (A).''.
       (d) Conforming Amendment for Hospital Services.--Section 
     4008(c) of the Omnibus Budget Reconciliation Act of 1987, as 
     amended by section 8402 of the Technical and Miscellaneous 
     Revenue Act of 1988 and section 6023 of the Omnibus Budget 
     Reconciliation Act of 1989, is amended by adding at the end 
     the following new sentence: ``Effective for cost reporting 
     periods beginning on or after October 1, 2012, the provisions 
     of the previous two sentences shall not apply.''.

     SEC. 2225. REBASING OF STATE DSH ALLOTMENTS FOR FISCAL YEAR 
                   2021.

       Section 1923(f) of the Social Security Act (42 U.S.C. 
     1396r-4(f)) is amended--
       (1) by redesignating paragraph (8) as paragraph (9);

[[Page 19870]]

       (2) in paragraph (3)(A) by striking ``paragraphs (6) and 
     (7)'' and inserting ``paragraphs (6), (7), and (8)''; and
       (3) by inserting after paragraph (7) the following new 
     paragraph:
       ``(8) Rebasing of state dsh allotments for fiscal year 
     2021.--With respect to fiscal 2021 and each subsequent fiscal 
     year, for purposes of applying paragraph (3)(A) to determine 
     the DSH allotment for a State, the amount of the DSH 
     allotment for the State under paragraph (3) for fiscal year 
     2020 shall be treated as if it were such amount as reduced 
     under paragraph (7).''.

                       Subtitle D--TANF Extension

     SEC. 2301. SHORT TITLE.

       This subtitle may be cited as the ``Welfare Integrity and 
     Data Improvement Act''.

     SEC. 2302. EXTENSION OF PROGRAM.

       (a) Family Assistance Grants.--Section 403(a)(1) of the 
     Social Security Act (42 U.S.C. 603(a)(1)) is amended--
       (1) in subparagraph (A), by striking ``each of fiscal years 
     1996'' and all that follows through ``2003'' and inserting 
     ``fiscal year 2012'';
       (2) in subparagraph (B)--
       (A) by inserting ``(as in effect just before the enactment 
     of the Welfare Integrity and Data Improvement Act)'' after 
     ``this paragraph'' the 1st place it appears; and
       (B) by inserting ``(as so in effect)'' after ``this 
     paragraph'' the 2nd place it appears; and
       (3) in subparagraph (C), by striking ``2003'' and inserting 
     ``2012''.
       (b) Healthy Marriage Promotion and Responsible Fatherhood 
     Grants.--Section 403(a)(2)(D) of such Act (42 U.S.C. 
     603(a)(2)(D)) is amended by striking ``2011'' and inserting 
     ``2012''.
       (c) Maintenance of Effort Requirement.--Section 409(a)(7) 
     of such Act (42 U.S.C. 609(a)(7)) is amended--
       (1) in subparagraph (A), by striking ``fiscal year'' and 
     all that follows through ``2012'' and inserting ``a fiscal 
     year''; and
       (2) in subparagraph (B)(ii)--
       (A) by striking ``for fiscal years 1997 through 2011,''; 
     and
       (B) by striking ``407(a) for the fiscal year,'' and 
     inserting ``407(a),''.
       (d) Tribal Grants.--Section 412(a) of such Act (42 U.S.C. 
     612(a)) is amended in each of paragraphs (1)(A) and (2)(A) by 
     striking ``each of fiscal years 1997'' and all that follows 
     through ``2003'' and inserting ``fiscal year 2012''.
       (e) Studies and Demonstrations.--Section 413(h)(1) of such 
     Act (42 U.S.C. 613(h)(1)) is amended by striking ``each of 
     fiscal years 1997 through 2002'' and inserting ``fiscal year 
     2012''.
       (f) Census Bureau Study.--Section 414(b) of such Act (42 
     U.S.C. 614(b)) is amended by striking ``each of fiscal years 
     1996'' and all that follows through ``2003'' and inserting 
     ``fiscal year 2012''.
       (g) Child Care Entitlement.--Section 418(a)(3) of such Act 
     (42 U.S.C. 618(a)(3)) is amended by striking ``appropriated'' 
     and all that follows and inserting ``appropriated 
     $2,917,000,000 for fiscal year 2012.''.
       (h) Grants to Territories.--Section 1108(b)(2) of such Act 
     (42 U.S.C. 1308(b)(2)) is amended by striking ``for fiscal 
     years 1997 through 2003'' and inserting ``fiscal year 2012''.
       (i) Prevention of Duplicate Appropriations for Fiscal Year 
     2012.--Expenditures made pursuant to the Short-Term TANF 
     Extension Act (Public Law 112-35) or section 403(b) of the 
     Social Security Act for fiscal year 2012 shall be charged to 
     the applicable appropriation or authorization provided by the 
     amendments made by this section for such fiscal year.
       (j) Effective Date.--This section and the amendments made 
     by this section shall take effect on the date of the 
     enactment of this Act.

     SEC. 2303. DATA STANDARDIZATION.

       (a) In General.--Section 411 of the Social Security Act (42 
     U.S.C. 611) is amended by adding at the end the following:
       ``(d) Data Standardization.--
       ``(1) Standard data elements.--
       ``(A) Designation.--The Secretary, in consultation with an 
     interagency work group which shall be established by the 
     Office of Management and Budget, and considering State and 
     tribal perspectives, shall, by rule, designate standard data 
     elements for any category of information required to be 
     reported under this part.
       ``(B) Requirements.--In designating the standard data 
     elements, the Secretary shall, to the extent practicable--
       ``(i) ensure that the data elements are nonproprietary and 
     interoperable;
       ``(ii) incorporate interoperable standards developed and 
     maintained by an international voluntary consensus standards 
     body, as defined by the Office of Management and Budget, such 
     as the International Organization for Standardization;
       ``(iii) incorporate interoperable standards developed and 
     maintained by intergovernmental partnerships, such as the 
     National Information Exchange Model; and
       ``(iv) incorporate interoperable standards developed and 
     maintained by Federal entities with authority over 
     contracting and financial assistance, such as the Federal 
     Acquisition Regulatory Council.
       ``(2) Data reporting standards.--
       ``(A) Designation.--The Secretary, in consultation with an 
     interagency work group established by the Office of 
     Management and Budget, and considering State and tribal 
     perspectives, shall, by rule, designate standards to govern 
     the data reporting required under this part.
       ``(B) Requirements.--In designating the data reporting 
     standards, the Secretary shall, to the extent practicable, 
     incorporate existing nonproprietary standards, such as the 
     eXtensible Business Reporting Language. Such standards shall, 
     to the extent practicable--
       ``(i) incorporate a widely-accepted, nonproprietary, 
     searchable, computer-readable format;
       ``(ii) be consistent with and implement applicable 
     accounting principles; and
       ``(iii) be capable of being continually upgraded as 
     necessary.''.
       (b) Applicability.--The amendments made by this subsection 
     shall apply with respect to information required to be 
     reported on or after October 1, 2012.

     SEC. 2304. SPENDING POLICIES FOR ASSISTANCE UNDER STATE TANF 
                   PROGRAMS.

       (a) State Requirement.--Section 408(a) of the Social 
     Security Act (42 U.S.C. 608(a)) is amended by adding at the 
     end the following:
       ``(12) State requirement to prevent unauthorized spending 
     of benefits.--
       ``(A) In general.--A State to which a grant is made under 
     section 403 shall maintain policies and practices as 
     necessary to prevent assistance provided under the State 
     program funded under this part from being used in any 
     transaction in--
       ``(i) any liquor store;
       ``(ii) any casino, gambling casino, or gaming 
     establishment; or
       ``(iii) any retail establishment which provides adult-
     oriented entertainment in which performers disrobe or perform 
     in an unclothed state for entertainment.
       ``(B) Definitions.--For purposes of subparagraph (A)--
       ``(i) Liquor store.--The term `liquor store' means any 
     retail establishment which sells exclusively or primarily 
     intoxicating liquor. Such term does not include a grocery 
     store which sells both intoxicating liquor and groceries 
     including staple foods (within the meaning of section 3(r) of 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2012(r))).
       ``(ii) Casino, gambling casino, or gaming establishment.--
     The terms `casino', `gambling casino', and `gaming 
     establishment' do not include a grocery store which sells 
     groceries including such staple foods and which also offers, 
     or is located within the same building or complex as, casino, 
     gambling, or gaming activities.''.
       (b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)) 
     is amended by adding at the end the following:
       ``(16) Penalty for failure to enforce spending policies.--
       ``(A) In general.--If, within 2 years after the date of the 
     enactment of this paragraph, any State has not reported to 
     the Secretary on such State's implementation of the policies 
     and practices required by section 408(a)(12), or the 
     Secretary determines that any State has not implemented and 
     maintained such policies and practices, the Secretary shall 
     reduce, by an amount equal to 5 percent of the State family 
     assistance grant, the grant payable to such State under 
     section 403(a)(1) for--
       ``(i) the fiscal year immediately succeeding the year in 
     which such 2-year period ends; and
       ``(ii) each succeeding fiscal year in which the State does 
     not demonstrate that such State has implemented and 
     maintained such policies and practices.
       ``(B) Reduction of applicable penalty.--The Secretary may 
     reduce the amount of the reduction required under 
     subparagraph (A) based on the degree of noncompliance of the 
     State.
       ``(C) State not responsible for individual violations.--
     Fraudulent activity by any individual in an attempt to 
     circumvent the policies and practices required by section 
     408(a)(12) shall not trigger a State penalty under 
     subparagraph (A).''.
       (c) Conforming Amendment.--Section 409(c)(4) of such Act 
     (42 U.S.C. 609(c)(4)) is amended by striking ``or (13)'' and 
     inserting ``(13), or (16)''.

     SEC. 2305. TECHNICAL CORRECTIONS.

       (a) Section 404(d)(1)(A) of the Social Security Act (42 
     U.S.C. 604(d)(1)(A)) is amended by striking ``subtitle 1 of 
     Title'' and inserting ``Subtitle A of title''.
       (b) Sections 407(c)(2)(A)(i) and 409(a)(3)(C) of such Act 
     (42 U.S.C. 607(c)(2)(A)(i) and 609(a)(3)(C)) are each amended 
     by striking ``403(b)(6)'' and inserting ``403(b)(5)''.
       (c) Section 409(a)(2)(A) of such Act (42 U.S.C. 
     609(a)(2)(A)) is amended by moving clauses (i) and (ii) 2 ems 
     to the right.
       (d) Section 409(c)(2) of such Act (42 U.S.C. 609(c)(2)) is 
     amended by inserting a comma after ``appropriate''.
       (e) Section 411(a)(1)(A)(ii)(III) of such Act (42 U.S.C. 
     611(a)(1)(A)(ii)(III)) is amended by striking the last close 
     parenthesis.

                   TITLE III--FLOOD INSURANCE REFORM

     SEC. 3001. SHORT TITLE.

       This title may be cited as the ``Flood Insurance Reform Act 
     of 2011''.

     SEC. 3002. EXTENSIONS.

       (a) Extension of Program.--Section 1319 of the National 
     Flood Insurance Act of 1968 (42 U.S.C. 4026) is amended by 
     striking ``September 30, 2011'' and inserting ``September 30, 
     2016''.
       (b) Extension of Financing.--Section 1309(a) of such Act 
     (42 U.S.C. 4016(a)) is amended by striking ``September 30, 
     2011'' and inserting ``September 30, 2016''.

     SEC. 3003. MANDATORY PURCHASE.

       (a) Authority To Temporarily Suspend Mandatory Purchase 
     Requirement.--
       (1) In general.--Section 102 of the Flood Disaster 
     Protection Act of 1973 (42 U.S.C. 4012a) is amended by adding 
     at the end the following new subsection:

[[Page 19871]]

       ``(i) Authority To Temporarily Suspend Mandatory Purchase 
     Requirement.--
       ``(1) Finding by administrator that area is an eligible 
     area.--For any area, upon a request submitted to the 
     Administrator by a local government authority having 
     jurisdiction over any portion of the area, the Administrator 
     shall make a finding of whether the area is an eligible area 
     under paragraph (3). If the Administrator finds that such 
     area is an eligible area, the Administrator shall, in the 
     discretion of the Administrator, designate a period during 
     which such finding shall be effective, which shall not be 
     longer in duration than 12 months.
       ``(2) Suspension of mandatory purchase requirement.--If the 
     Administrator makes a finding under paragraph (1) that an 
     area is an eligible area under paragraph (3), during the 
     period specified in the finding, the designation of such 
     eligible area as an area having special flood hazards shall 
     not be effective for purposes of subsections (a), (b), and 
     (e) of this section, and section 202(a) of this Act. Nothing 
     in this paragraph may be construed to prevent any lender, 
     servicer, regulated lending institution, Federal agency 
     lender, the Federal National Mortgage Association, or the 
     Federal Home Loan Mortgage Corporation, at the discretion of 
     such entity, from requiring the purchase of flood insurance 
     coverage in connection with the making, increasing, 
     extending, or renewing of a loan secured by improved real 
     estate or a mobile home located or to be located in such 
     eligible area during such period or a lender or servicer from 
     purchasing coverage on behalf of a borrower pursuant to 
     subsection (e).
       ``(3) Eligible areas.--An eligible area under this 
     paragraph is an area that is designated or will, pursuant to 
     any issuance, revision, updating, or other change in flood 
     insurance maps that takes effect on or after the date of the 
     enactment of the Flood Insurance Reform Act of 2011, become 
     designated as an area having special flood hazards and that 
     meets any one of the following 3 requirements:
       ``(A) Areas with no history of special flood hazards.--The 
     area does not include any area that has ever previously been 
     designated as an area having special flood hazards.
       ``(B) Areas with flood protection systems under 
     improvements.--The area was intended to be protected by a 
     flood protection system--
       ``(i) that has been decertified, or is required to be 
     certified, as providing protection for the 100-year frequency 
     flood standard;
       ``(ii) that is being improved, constructed, or 
     reconstructed; and
       ``(iii) for which the Administrator has determined 
     measurable progress toward completion of such improvement, 
     construction, reconstruction is being made and toward 
     securing financial commitments sufficient to fund such 
     completion.
       ``(C) Areas for which appeal has been filed.--An area for 
     which a community has appealed designation of the area as 
     having special flood hazards in a timely manner under section 
     1363.
       ``(4) Extension of delay.--Upon a request submitted by a 
     local government authority having jurisdiction over any 
     portion of the eligible area, the Administrator may extend 
     the period during which a finding under paragraph (1) shall 
     be effective, except that--
       ``(A) each such extension under this paragraph shall not be 
     for a period exceeding 12 months; and
       ``(B) for any area, the cumulative number of such 
     extensions may not exceed 2.
       ``(5) Additional extension for communities making more than 
     adequate progress on flood protection system.--
       ``(A) Extension.--
       ``(i) Authority.--Except as provided in subparagraph (B), 
     in the case of an eligible area for which the Administrator 
     has, pursuant to paragraph (4), extended the period of 
     effectiveness of the finding under paragraph (1) for the 
     area, upon a request submitted by a local government 
     authority having jurisdiction over any portion of the 
     eligible area, if the Administrator finds that more than 
     adequate progress has been made on the construction of a 
     flood protection system for such area, as determined in 
     accordance with the last sentence of section 1307(e) of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4014(e)), the 
     Administrator may, in the discretion of the Administrator, 
     further extend the period during which the finding under 
     paragraph (1) shall be effective for such area for an 
     additional 12 months.
       ``(ii) Limit.--For any eligible area, the cumulative number 
     of extensions under this subparagraph may not exceed 2.
       ``(B) Exclusion for new mortgages.--
       ``(i) Exclusion.--Any extension under subparagraph (A) of 
     this paragraph of a finding under paragraph (1) shall not be 
     effective with respect to any excluded property after the 
     origination, increase, extension, or renewal of the loan 
     referred to in clause (ii)(II) for the property.
       ``(ii) Excluded properties.--For purposes of this 
     subparagraph, the term `excluded property' means any improved 
     real estate or mobile home--

       ``(I) that is located in an eligible area; and
       ``(II) for which, during the period that any extension 
     under subparagraph (A) of this paragraph of a finding under 
     paragraph (1) is otherwise in effect for the eligible area in 
     which such property is located--

       ``(aa) a loan that is secured by the property is 
     originated; or
       ``(bb) any existing loan that is secured by the property is 
     increased, extended, or renewed.
       ``(6) Rule of construction.--Nothing in this subsection may 
     be construed to affect the applicability of a designation of 
     any area as an area having special flood hazards for purposes 
     of the availability of flood insurance coverage, criteria for 
     land management and use, notification of flood hazards, 
     eligibility for mitigation assistance, or any other purpose 
     or provision not specifically referred to in paragraph (2).
       ``(7) Reports.--The Administrator shall, in each annual 
     report submitted pursuant to section 1320, include 
     information identifying each finding under paragraph (1) by 
     the Administrator during the preceding year that an area is 
     an area having special flood hazards, the basis for each such 
     finding, any extensions pursuant to paragraph (4) of the 
     periods of effectiveness of such findings, and the reasons 
     for such extensions.''.
       (2) No refunds.--Nothing in this subsection or the 
     amendments made by this subsection may be construed to 
     authorize or require any payment or refund for flood 
     insurance coverage purchased for any property that covered 
     any period during which such coverage is not required for the 
     property pursuant to the applicability of the amendment made 
     by paragraph (1).
       (b) Termination of Force-Placed Insurance.--Section 102(e) 
     of the Flood Disaster Protection Act of 1973 (42 U.S.C. 
     4012a(e)) is amended--
       (1) in paragraph (2), by striking ``insurance.'' and 
     inserting ``insurance, including premiums or fees incurred 
     for coverage beginning on the date on which flood insurance 
     coverage lapsed or did not provide a sufficient coverage 
     amount.'';
       (2) by redesignating paragraphs (3) and (4) as paragraphs 
     (5) and 6), respectively; and
       (3) by inserting after paragraph (2) the following new 
     paragraphs:
       ``(3) Termination of force-placed insurance.--Within 30 
     days of receipt by the lender or servicer of a confirmation 
     of a borrower's existing flood insurance coverage, the lender 
     or servicer shall--
       ``(A) terminate the force-placed insurance; and
       ``(B) refund to the borrower all force-placed insurance 
     premiums paid by the borrower during any period during which 
     the borrower's flood insurance coverage and the force-placed 
     flood insurance coverage were each in effect, and any related 
     fees charged to the borrower with respect to the force-placed 
     insurance during such period.
       ``(4) Sufficiency of demonstration.--For purposes of 
     confirming a borrower's existing flood insurance coverage, a 
     lender or servicer for a loan shall accept from the borrower 
     an insurance policy declarations page that includes the 
     existing flood insurance policy number and the identity of, 
     and contact information for, the insurance company or 
     agent.''.
       (c) Use of Private Insurance To Satisfy Mandatory Purchase 
     Requirement.--Section 102(b) of the Flood Disaster Protection 
     Act of 1973 (42 U.S.C. 4012a(b)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``lending institutions not to make'' and 
     inserting ``lending institutions--
       ``(A) not to make'';
       (B) in subparagraph (A), as designated by subparagraph (A) 
     of this paragraph, by striking ``less.'' and inserting 
     ``less; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(B) to accept private flood insurance as satisfaction of 
     the flood insurance coverage requirement under subparagraph 
     (A) if the coverage provided by such private flood insurance 
     meets the requirements for coverage under such 
     subparagraph.'';
       (2) in paragraph (2), by inserting after ``provided in 
     paragraph (1).'' the following new sentence: ``Each Federal 
     agency lender shall accept private flood insurance as 
     satisfaction of the flood insurance coverage requirement 
     under the preceding sentence if the flood insurance coverage 
     provided by such private flood insurance meets the 
     requirements for coverage under such sentence.'';
       (3) in paragraph (3), in the matter following subparagraph 
     (B), by adding at the end the following new sentence: ``The 
     Federal National Mortgage Association and the Federal Home 
     Loan Mortgage Corporation shall accept private flood 
     insurance as satisfaction of the flood insurance coverage 
     requirement under the preceding sentence if the flood 
     insurance coverage provided by such private flood insurance 
     meets the requirements for coverage under such sentence.''; 
     and
       (4) by adding at the end the following new paragraph:
       ``(5) Private flood insurance defined.--In this subsection, 
     the term `private flood insurance' means a contract for flood 
     insurance coverage allowed for sale under the laws of any 
     State.''.

     SEC. 3004. REFORMS OF COVERAGE TERMS.

       (a) Minimum Deductibles for Claims.--Section 1312 of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4019) is 
     amended--
       (1) by striking ``The Director is'' and inserting the 
     following: ``(a) In General.--The Administrator is''; and
       (2) by adding at the end the following:
       ``(b) Minimum Annual Deductibles.--
       ``(1) Subsidized rate properties.--For any structure that 
     is covered by flood insurance under this title, and for which 
     the chargeable rate for such coverage is less than the 
     applicable estimated risk premium rate under section 
     1307(a)(1) for the area (or subdivision thereof) in which 
     such structure is located, the minimum annual deductible for 
     damage to or loss of such structure shall be $2,000.

[[Page 19872]]

       ``(2) Actuarial rate properties.--For any structure that is 
     covered by flood insurance under this title, for which the 
     chargeable rate for such coverage is not less than the 
     applicable estimated risk premium rate under section 
     1307(a)(1) for the area (or subdivision thereof) in which 
     such structure is located, the minimum annual deductible for 
     damage to or loss of such structure shall be $1,000.''.
       (b) Clarification of Residential and Commercial Coverage 
     Limits.--Section 1306(b) of the National Flood Insurance Act 
     of 1968 (42 U.S.C. 4013(b)) is amended--
       (1) in paragraph (2)--
       (A) by striking ``in the case of any residential property'' 
     and inserting ``in the case of any residential building 
     designed for the occupancy of from one to four families''; 
     and
       (B) by striking ``shall be made available to every insured 
     upon renewal and every applicant for insurance so as to 
     enable such insured or applicant to receive coverage up to a 
     total amount (including such limits specified in paragraph 
     (1)(A)(i)) of $250,000'' and inserting ``shall be made 
     available, with respect to any single such building, up to an 
     aggregate liability (including such limits specified in 
     paragraph (1)(A)(i)) of $250,000''; and
       (2) in paragraph (4)--
       (A) by striking ``in the case of any nonresidential 
     property, including churches,'' and inserting ``in the case 
     of any nonresidential building, including a church,''; and
       (B) by striking ``shall be made available to every insured 
     upon renewal and every applicant for insurance, in respect to 
     any single structure, up to a total amount (including such 
     limit specified in subparagraph (B) or (C) of paragraph (1), 
     as applicable) of $500,000 for each structure and $500,000 
     for any contents related to each structure'' and inserting 
     ``shall be made available with respect to any single such 
     building, up to an aggregate liability (including such limits 
     specified in subparagraph (B) or (C) of paragraph (1), as 
     applicable) of $500,000, and coverage shall be made available 
     up to a total of $500,000 aggregate liability for contents 
     owned by the building owner and $500,000 aggregate liability 
     for each unit within the building for contents owned by the 
     tenant''.
       (c) Indexing of Maximum Coverage Limits.--Subsection (b) of 
     section 1306 of the National Flood Insurance Act of 1968 (42 
     U.S.C. 4013(b)) is amended--
       (1) in paragraph (4), by striking ``and'' at the end;
       (2) in paragraph (5), by striking the period at the end and 
     inserting ``; and'';
       (3) by redesignating paragraph (5) as paragraph (7); and
       (4) by adding at the end the following new paragraph:
       ``(8) each of the dollar amount limitations under 
     paragraphs (2), (3), (4), (5), and (6) shall be adjusted 
     effective on the date of the enactment of the Flood Insurance 
     Reform Act of 2011, such adjustments shall be calculated 
     using the percentage change, over the period beginning on 
     September 30, 1994, and ending on such date of enactment, in 
     such inflationary index as the Administrator shall, by 
     regulation, specify, and the dollar amount of such adjustment 
     shall be rounded to the next lower dollar; and the 
     Administrator shall cause to be published in the Federal 
     Register the adjustments under this paragraph to such dollar 
     amount limitations; except that in the case of coverage for a 
     property that is made available, pursuant to this paragraph, 
     in an amount that exceeds the limitation otherwise applicable 
     to such coverage as specified in paragraph (2), (3), (4), 
     (5), or (6), the total of such coverage shall be made 
     available only at chargeable rates that are not less than the 
     estimated premium rates for such coverage determined in 
     accordance with section 1307(a)(1).''.
       (d) Optional Coverage for Loss of Use of Personal Residence 
     and Business Interruption.--Subsection (b) of section 1306 of 
     the National Flood Insurance Act of 1968 (42 U.S.C. 4013(b)), 
     as amended by the preceding provisions of this section, is 
     further amended by inserting after paragraph (4) the 
     following new paragraphs:
       ``(5) the Administrator may provide that, in the case of 
     any residential property, each renewal or new contract for 
     flood insurance coverage may provide not more than $5,000 
     aggregate liability per dwelling unit for any necessary 
     increases in living expenses incurred by the insured when 
     losses from a flood make the residence unfit to live in, 
     except that--
       ``(A) purchase of such coverage shall be at the option of 
     the insured;
       ``(B) any such coverage shall be made available only at 
     chargeable rates that are not less than the estimated premium 
     rates for such coverage determined in accordance with section 
     1307(a)(1); and
       ``(C) the Administrator may make such coverage available 
     only if the Administrator makes a determination and causes 
     notice of such determination to be published in the Federal 
     Register that--
       ``(i) a competitive private insurance market for such 
     coverage does not exist; and
       ``(ii) the national flood insurance program has the 
     capacity to make such coverage available without borrowing 
     funds from the Secretary of the Treasury under section 1309 
     or otherwise;
       ``(6) the Administrator may provide that, in the case of 
     any commercial property or other residential property, 
     including multifamily rental property, coverage for losses 
     resulting from any partial or total interruption of the 
     insured's business caused by damage to, or loss of, such 
     property from a flood may be made available to every insured 
     upon renewal and every applicant, up to a total amount of 
     $20,000 per property, except that--
       ``(A) purchase of such coverage shall be at the option of 
     the insured;
       ``(B) any such coverage shall be made available only at 
     chargeable rates that are not less than the estimated premium 
     rates for such coverage determined in accordance with section 
     1307(a)(1); and
       ``(C) the Administrator may make such coverage available 
     only if the Administrator makes a determination and causes 
     notice of such determination to be published in the Federal 
     Register that--
       ``(i) a competitive private insurance market for such 
     coverage does not exist; and
       ``(ii) the national flood insurance program has the 
     capacity to make such coverage available without borrowing 
     funds from the Secretary of the Treasury under section 1309 
     or otherwise;''.
       (e) Payment of Premiums in Installments for Residential 
     Properties.--Section 1306 of the National Flood Insurance Act 
     of 1968 (42 U.S.C. 4013) is amended by adding at the end the 
     following new subsection:
       ``(d) Payment of Premiums in Installments for Residential 
     Properties.--
       ``(1) Authority.--In addition to any other terms and 
     conditions under subsection (a), such regulations shall 
     provide that, in the case of any residential property, 
     premiums for flood insurance coverage made available under 
     this title for such property may be paid in installments.
       ``(2) Limitations.--In implementing the authority under 
     paragraph (1), the Administrator may establish increased 
     chargeable premium rates and surcharges, and deny coverage 
     and establish such other sanctions, as the Administrator 
     considers necessary to ensure that insureds purchase, pay 
     for, and maintain coverage for the full term of a contract 
     for flood insurance coverage or to prevent insureds from 
     purchasing coverage only for periods during a year when risk 
     of flooding is comparatively higher or canceling coverage for 
     periods when such risk is comparatively lower.''.
       (f) Effective Date of Policies Covering Properties Affected 
     by Floods in Progress.--Paragraph (1) of section 1306(c) of 
     the National Flood Insurance Act of 1968 (42 U.S.C. 4013(c)) 
     is amended by adding after the period at the end the 
     following: ``With respect to any flood that has commenced or 
     is in progress before the expiration of such 30-day period, 
     such flood insurance coverage for a property shall take 
     effect upon the expiration of such 30- day period and shall 
     cover damage to such property occurring after the expiration 
     of such period that results from such flood, but only if the 
     property has not suffered damage or loss as a result of such 
     flood before the expiration of such 30-day period.''.

     SEC. 3005. REFORMS OF PREMIUM RATES.

       (a) Increase in Annual Limitation on Premium Increases.--
     Section 1308(e) of the National Flood Insurance Act of 1968 
     (42 U.S.C. 4015(e)) is amended by striking ``10 percent'' and 
     inserting ``20 percent''.
       (b) Phase-In of Rates for Certain Properties in Newly 
     Mapped Areas.--
       (1) In general.--Section 1308 of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4015) is amended--
       (A) in subsection (a), in the matter preceding paragraph 
     (1), by inserting ``or notice'' after ``prescribe by 
     regulation'';
       (B) in subsection (c), by inserting ``and subsection (g)'' 
     before the first comma; and
       (C) by adding at the end the following new subsection:
       ``(g) 5-Year Phase-In of Flood Insurance Rates for Certain 
     Properties in Newly Mapped Areas.--
       ``(1) 5-year phase-in period.--Notwithstanding subsection 
     (c) or any other provision of law relating to chargeable risk 
     premium rates for flood insurance coverage under this title, 
     in the case of any area that was not previously designated as 
     an area having special flood hazards and that, pursuant to 
     any issuance, revision, updating, or other change in flood 
     insurance maps, becomes designated as such an area, during 
     the 5-year period that begins, except as provided in 
     paragraph (2), upon the date that such maps, as issued, 
     revised, updated, or otherwise changed, become effective, the 
     chargeable premium rate for flood insurance under this title 
     with respect to any covered property that is located within 
     such area shall be the rate described in paragraph (3).
       ``(2) Applicability to preferred risk rate areas.--In the 
     case of any area described in paragraph (1) that consists of 
     or includes an area that, as of date of the effectiveness of 
     the flood insurance maps for such area referred to in 
     paragraph (1) as so issued, revised, updated, or changed, is 
     eligible for any reason for preferred risk rate method 
     premiums for flood insurance coverage and was eligible for 
     such premiums as of the enactment of the Flood Insurance 
     Reform Act of 2011, the 5-year period referred to in 
     paragraph (1) for such area eligible for preferred risk rate 
     method premiums shall begin upon the expiration of the period 
     during which such area is eligible for such preferred risk 
     rate method premiums.
       ``(3) Phase-in of full actuarial rates.--With respect to 
     any area described in paragraph (1), the chargeable risk 
     premium rate for flood insurance under this title for a 
     covered property that is located in such area shall be--
       ``(A) for the first year of the 5-year period referred to 
     in paragraph (1), the greater of--
       ``(i) 20 percent of the chargeable risk premium rate 
     otherwise applicable under this title to the property; and

[[Page 19873]]

       ``(ii) in the case of any property that, as of the 
     beginning of such first year, is eligible for preferred risk 
     rate method premiums for flood insurance coverage, such 
     preferred risk rate method premium for the property;
       ``(B) for the second year of such 5-year period, 40 percent 
     of the chargeable risk premium rate otherwise applicable 
     under this title to the property;
       ``(C) for the third year of such 5-year period, 60 percent 
     of the chargeable risk premium rate otherwise applicable 
     under this title to the property;
       ``(D) for the fourth year of such 5-year period, 80 percent 
     of the chargeable risk premium rate otherwise applicable 
     under this title to the property; and
       ``(E) for the fifth year of such 5-year period, 100 percent 
     of the chargeable risk premium rate otherwise applicable 
     under this title to the property.
       ``(4) Covered properties.--For purposes of the subsection, 
     the term `covered property' means any residential property 
     occupied by its owner or a bona fide tenant as a primary 
     residence.''.
       (2) Regulation or notice.--The Administrator of the Federal 
     Emergency Management Agency shall issue an interim final rule 
     or notice to implement this subsection and the amendments 
     made by this subsection as soon as practicable after the date 
     of the enactment of this Act.
       (c) Phase-In of Actuarial Rates for Certain Properties.--
       (1) In general.--Section 1308(c) of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4015(c)) is amended--
       (A) by redesignating paragraph (2) as paragraph (7); and
       (B) by inserting after paragraph (1) the following new 
     paragraphs:
       ``(2) Commercial properties.--Any nonresidential property.
       ``(3) Second homes and vacation homes.--Any residential 
     property that is not the primary residence of any individual.
       ``(4) Homes sold to new owners.--Any single family property 
     that--
       ``(A) has been constructed or substantially improved and 
     for which such construction or improvement was started, as 
     determined by the Administrator, before December 31, 1974, or 
     before the effective date of the initial rate map published 
     by the Administrator under paragraph (2) of section 1360(a) 
     for the area in which such property is located, whichever is 
     later; and
       ``(B) is purchased after the effective date of this 
     paragraph, pursuant to section 3005(c)(3)(A) of the Flood 
     Insurance Reform Act of 2011.
       ``(5) Homes damaged or improved.--Any property that, on or 
     after the date of the enactment of the Flood Insurance Reform 
     Act of 2011, has experienced or sustained--
       ``(A) substantial flood damage exceeding 50 percent of the 
     fair market value of such property; or
       ``(B) substantial improvement exceeding 30 percent of the 
     fair market value of such property.
       ``(6) Homes with multiple claims.--Any severe repetitive 
     loss property (as such term is defined in section 
     1366(j)).''.
       (2) Technical amendments.--Section 1308 of the National 
     Flood Insurance Act of 1968 (42 U.S.C. 4015) is amended--
       (A) in subsection (c)--
       (i) in the matter preceding paragraph (1), by striking 
     ``the limitations provided under paragraphs (1) and (2)'' and 
     inserting ``subsection (e)''; and
       (ii) in paragraph (1), by striking ``, except'' and all 
     that follows through ``subsection (e)''; and
       (B) in subsection (e), by striking ``paragraph (2) or (3)'' 
     and inserting ``paragraph (7)''.
       (3) Effective date and transition.--
       (A) Effective date.--The amendments made by paragraphs (1) 
     and (2) shall apply beginning upon the expiration of the 12-
     month period that begins on the date of the enactment of this 
     Act, except as provided in subparagraph (B) of this 
     paragraph.
       (B) Transition for properties covered by flood insurance 
     upon effective date.--
       (i) Increase of rates over time.--In the case of any 
     property described in paragraph (2), (3), (4), (5), or (6) of 
     section 1308(c) of the National Flood Insurance Act of 1968, 
     as amended by paragraph (1) of this subsection, that, as of 
     the effective date under subparagraph (A) of this paragraph, 
     is covered under a policy for flood insurance made available 
     under the national flood insurance program for which the 
     chargeable premium rates are less than the applicable 
     estimated risk premium rate under section 1307(a)(1) of such 
     Act for the area in which the property is located, the 
     Administrator of the Federal Emergency Management Agency 
     shall increase the chargeable premium rates for such property 
     over time to such applicable estimated risk premium rate 
     under section 1307(a)(1).
       (ii) Amount of annual increase.--Such increase shall be 
     made by increasing the chargeable premium rates for the 
     property (after application of any increase in the premium 
     rates otherwise applicable to such property), once during the 
     12-month period that begins upon the effective date under 
     subparagraph (A) of this paragraph and once every 12 months 
     thereafter until such increase is accomplished, by 20 percent 
     (or such lesser amount as may be necessary so that the 
     chargeable rate does not exceed such applicable estimated 
     risk premium rate or to comply with clause (iii)).
       (iii) Properties subject to phase-in and annual 
     increases.--In the case of any pre-FIRM property (as such 
     term is defined in section 578(b) of the National Flood 
     Insurance Reform Act of 1974), the aggregate increase, during 
     any 12-month period, in the chargeable premium rate for the 
     property that is attributable to this subparagraph or to an 
     increase described in section 1308(e) of the National Flood 
     Insurance Act of 1968 may not exceed 20 percent.
       (iv) Full actuarial rates.--The provisions of paragraphs 
     (2), (3), (4), (5), and (6) of such section 1308(c) shall 
     apply to such a property upon the accomplishment of the 
     increase under this subparagraph and thereafter.
       (d) Prohibition of Extension of Subsidized Rates to Lapsed 
     Policies.--Section 1308 of the National Flood Insurance Act 
     of 1968 (42 U.S.C. 4015), as amended by the preceding 
     provisions of this title, is further amended--
       (1) in subsection (e), by inserting ``or subsection (h)'' 
     after ``subsection (c)''; and
       (2) by adding at the end the following new subsection:
       ``(h) Prohibition of Extension of Subsidized Rates to 
     Lapsed Policies.--Notwithstanding any other provision of law 
     relating to chargeable risk premium rates for flood insurance 
     coverage under this title, the Administrator shall not 
     provide flood insurance coverage under this title for any 
     property for which a policy for such coverage for the 
     property has previously lapsed in coverage as a result of the 
     deliberate choice of the holder of such policy, at a rate 
     less than the applicable estimated risk premium rates for the 
     area (or subdivision thereof) in which such property is 
     located.''.
       (e) Recognition of State and Local Funding for 
     Construction, Reconstruction, and Improvement of Flood 
     Protection Systems in Determination of Rates.--
       (1) In general.--Section 1307 of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4014) is amended--
       (A) in subsection (e)--
       (i) in the first sentence, by striking ``construction of a 
     flood protection system'' and inserting ``construction, 
     reconstruction, or improvement of a flood protection system 
     (without respect to the level of Federal investment or 
     participation)''; and
       (ii) in the second sentence--

       (I) by striking ``construction of a flood protection 
     system'' and inserting ``construction, reconstruction, or 
     improvement of a flood protection system''; and
       (II) by inserting ``based on the present value of the 
     completed system'' after ``has been expended''; and

       (B) in subsection (f)--
       (i) in the first sentence in the matter preceding paragraph 
     (1), by inserting ``(without respect to the level of Federal 
     investment or participation)'' before the period at the end;
       (ii) in the third sentence in the matter preceding 
     paragraph (1), by inserting ``, whether coastal or 
     riverine,'' after ``special flood hazard''; and
       (iii) in paragraph (1), by striking ``a Federal agency in 
     consultation with the local project sponsor'' and inserting 
     ``the entity or entities that own, operate, maintain, or 
     repair such system''.
       (2) Regulations.--The Administrator of the Federal 
     Emergency Management Agency shall promulgate regulations to 
     implement this subsection and the amendments made by this 
     subsection as soon as practicable, but not more than 18 
     months after the date of the enactment of this Act. Paragraph 
     (3) may not be construed to annul, alter, affect, authorize 
     any waiver of, or establish any exception to, the requirement 
     under the preceding sentence.

     SEC. 3006. TECHNICAL MAPPING ADVISORY COUNCIL.

       (a) Establishment.--There is established a council to be 
     known as the Technical Mapping Advisory Council (in this 
     section referred to as the ``Council'').
       (b) Membership.--
       (1) In general.--The Council shall consist of--
       (A) the Administrator of the Federal Emergency Management 
     Agency (in this section referred to as the 
     ``Administrator''), or the designee thereof;
       (B) the Director of the United States Geological Survey of 
     the Department of the Interior, or the designee thereof;
       (C) the Under Secretary of Commerce for Oceans and 
     Atmosphere, or the designee thereof;
       (D) the commanding officer of the United States Army Corps 
     of Engineers, or the designee thereof;
       (E) the chief of the Natural Resources Conservation Service 
     of the Department of Agriculture, or the designee thereof;
       (F) the Director of the United States Fish and Wildlife 
     Service of the Department of the Interior, or the designee 
     thereof;
       (G) the Assistant Administrator for Fisheries of the 
     National Oceanic and Atmospheric Administration of the 
     Department of Commerce, or the designee thereof; and
       (H) 14 additional members to be appointed by the 
     Administrator of the Federal Emergency Management Agency, who 
     shall be--
       (i) an expert in data management;
       (ii) an expert in real estate;
       (iii) an expert in insurance;
       (iv) a member of a recognized regional flood and storm 
     water management organization;
       (v) a representative of a State emergency management agency 
     or association or organization for such agencies;
       (vi) a member of a recognized professional surveying 
     association or organization;

[[Page 19874]]

       (vii) a member of a recognized professional mapping 
     association or organization;
       (viii) a member of a recognized professional engineering 
     association or organization;
       (ix) a member of a recognized professional association or 
     organization representing flood hazard determination firms;
       (x) a representative of State national flood insurance 
     coordination offices;
       (xi) representatives of two local governments, at least one 
     of whom is a local levee flood manager or executive, 
     designated by the Federal Emergency Management Agency as 
     Cooperating Technical Partners; and
       (xii) representatives of two State governments designated 
     by the Federal Emergency Management Agency as Cooperating 
     Technical States.
       (2) Qualifications.--Members of the Council shall be 
     appointed based on their demonstrated knowledge and 
     competence regarding surveying, cartography, remote sensing, 
     geographic information systems, or the technical aspects of 
     preparing and using flood insurance rate maps. In appointing 
     members under paragraph (1)(H), the Administrator shall 
     ensure that the membership of the Council has a balance of 
     Federal, State, local, and private members, and includes an 
     adequate number of representatives from the States with 
     coastline on the Gulf of Mexico and other States containing 
     areas identified by the Administrator of the Federal 
     Emergency Management Agency as at high-risk for flooding or 
     special flood hazard areas.
       (c) Duties.--
       (1) New mapping standards.--Not later than the expiration 
     of the 12-month period beginning upon the date of the 
     enactment of this Act, the Council shall develop and submit 
     to the Administrator and the Congress proposed new mapping 
     standards for 100-year flood insurance rate maps used under 
     the national flood insurance program under the National Flood 
     Insurance Act of 1968. In developing such proposed standards 
     the Council shall--
       (A) ensure that the flood insurance rate maps reflect true 
     risk, including graduated risk that better reflects the 
     financial risk to each property; such reflection of risk 
     should be at the smallest geographic level possible (but not 
     necessarily property-by-property) to ensure that communities 
     are mapped in a manner that takes into consideration 
     different risk levels within the community;
       (B) ensure the most efficient generation, display, and 
     distribution of flood risk data, models, and maps where 
     practicable through dynamic digital environments using 
     spatial database technology and the Internet;
       (C) ensure that flood insurance rate maps reflect current 
     hydrologic and hydraulic data, current land use, and 
     topography, incorporating the most current and accurate 
     ground and bathymetric elevation data;
       (D) determine the best ways to include in such flood 
     insurance rate maps levees, decertified levees, and areas 
     located below dams, including determining a methodology for 
     ensuring that decertified levees and other protections are 
     included in flood insurance rate maps and their corresponding 
     flood zones reflect the level of protection conferred;
       (E) consider how to incorporate restored wetlands and other 
     natural buffers into flood insurance rate maps, which may 
     include wetlands, groundwater recharge areas, erosion zones, 
     meander belts, endangered species habitat, barrier islands 
     and shoreline buffer features, riparian forests, and other 
     features;
       (F) consider whether to use vertical positioning (as 
     defined by the Administrator) for flood insurance rate maps;
       (G) ensure that flood insurance rate maps differentiate 
     between a property that is located in a flood zone and a 
     structure located on such property that is not at the same 
     risk level for flooding as such property due to the elevation 
     of the structure;
       (H) ensure that flood insurance rate maps take into 
     consideration the best scientific data and potential future 
     conditions (including projections for sea level rise); and
       (I) consider how to incorporate the new standards proposed 
     pursuant to this paragraph in existing mapping efforts.
       (2) Ongoing duties.--The Council shall, on an ongoing 
     basis, review the mapping protocols developed pursuant to 
     paragraph (1), and make recommendations to the Administrator 
     when the Council determines that mapping protocols should be 
     altered.
       (3) Meetings.--In carrying out its duties under this 
     section, the Council shall consult with stakeholders through 
     at least 4 public meetings annually, and shall seek input of 
     all stakeholder interests including State and local 
     representatives, environmental and conservation 
     organizations, insurance industry representatives, advocacy 
     groups, planning organizations, and mapping organizations.
       (d) Prohibition on Compensation.--Members of the Council 
     shall receive no additional compensation by reason of their 
     service on the Council.
       (e) Chairperson.--The Administrator shall serve as the 
     Chairperson of the Council.
       (f) Staff.--
       (1) FEMA.--Upon the request of the Council, the 
     Administrator may detail, on a nonreimbursable basis, 
     personnel of the Federal Emergency Management Agency to 
     assist the Council in carrying out its duties.
       (2) Other federal agencies.--Upon request of the Council, 
     any other Federal agency that is a member of the Council may 
     detail, on a non-reimbursable basis, personnel to assist the 
     Council in carrying out its duties.
       (g) Powers.--In carrying out this section, the Council may 
     hold hearings, receive evidence and assistance, provide 
     information, and conduct research, as the Council considers 
     appropriate.
       (h) Termination.--The Council shall terminate upon the 
     expiration of the 5-year period beginning on the date of the 
     enactment of this Act.
       (i) Moratorium on Flood Map Changes.--
       (1) Moratorium.--Except as provided in paragraph (2) and 
     notwithstanding any other provision of this title, the 
     National Flood Insurance Act of 1968, or the Flood Disaster 
     Protection Act of 1973, during the period beginning upon the 
     date of the enactment of this Act and ending upon the 
     submission by the Council to the Administrator and the 
     Congress of the proposed new mapping standards required under 
     subsection (c)(1), the Administrator may not make effective 
     any new or updated rate maps for flood insurance coverage 
     under the national flood insurance program that were not in 
     effect for such program as of such date of enactment, or 
     otherwise revise, update, or change the flood insurance rate 
     maps in effect for such program as of such date.
       (2) Letters of map change.--During the period described in 
     paragraph (1), the Administrator may revise, update, and 
     change the flood insurance rate maps in effect for the 
     national flood insurance program only pursuant to a letter of 
     map change (including a letter of map amendment, letter of 
     map revision, and letter of map revision based on fill).

     SEC. 3007. FEMA INCORPORATION OF NEW MAPPING PROTOCOLS.

       (a) New Rate Mapping Standards.--Not later than the 
     expiration of the 6-month period beginning upon submission by 
     the Technical Mapping Advisory Council under section 3006 of 
     the proposed new mapping standards for flood insurance rate 
     maps used under the national flood insurance program 
     developed by the Council pursuant to section 3006(c), the 
     Administrator of the Federal Emergency Management Agency (in 
     this section referred to as the ``Administrator'') shall 
     establish new standards for such rate maps based on such 
     proposed new standards and the recommendations of the 
     Council.
       (b) Requirements.--The new standards for flood insurance 
     rate maps established by the Administrator pursuant to 
     subsection (a) shall--
       (1) delineate and include in any such rate maps--
       (A) all areas located within the 100-year flood plain; and
       (B) areas subject to graduated and other risk levels, to 
     the maximum extent possible;
       (2) ensure that any such rate maps--
       (A) include levees, including decertified levees, and the 
     level of protection they confer;
       (B) reflect current land use and topography and incorporate 
     the most current and accurate ground level data;
       (C) take into consideration the impacts and use of fill and 
     the flood risks associated with altered hydrology;
       (D) differentiate between a property that is located in a 
     flood zone and a structure located on such property that is 
     not at the same risk level for flooding as such property due 
     to the elevation of the structure;
       (E) identify and incorporate natural features and their 
     associated flood protection benefits into mapping and rates; 
     and
       (F) identify, analyze, and incorporate the impact of 
     significant changes to building and development throughout 
     any river or costal water system, including all tributaries, 
     which may impact flooding in areas downstream; and
       (3) provide that such rate maps are developed on a 
     watershed basis.
       (c) Report.--If, in establishing new standards for flood 
     insurance rate maps pursuant to subsection (a) of this 
     section, the Administrator does not implement all of the 
     recommendations of the Council made under the proposed new 
     mapping standards developed by the Council pursuant to 
     section 3006(c), upon establishment of the new standards the 
     Administrator shall submit a report to the Committee on 
     Financial Services of the House of Representatives and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate specifying which such recommendations were not adopted 
     and explaining the reasons such recommendations were not 
     adopted.
       (d) Implementation.--The Administrator shall, not later 
     than the expiration of the 6-month period beginning upon 
     establishment of the new standards for flood insurance rate 
     maps pursuant to subsection (a) of this section, commence use 
     of the new standards and updating of flood insurance rate 
     maps in accordance with the new standards. Not later than the 
     expiration of the 10-year period beginning upon the 
     establishment of such new standards, the Administrator shall 
     complete updating of all flood insurance rate maps in 
     accordance with the new standards, subject to the 
     availability of sufficient amounts for such activities 
     provided in appropriation Acts.
       (e) Temporary Suspension of Mandatory Purchase Requirement 
     for Certain Properties.--
       (1) Submission of elevation certificate.--Subject to 
     paragraphs (2) and (3) of this subsection, subsections (a), 
     (b), and (e) of section 102 of the Flood Disaster Protection 
     Act of 1973 (42 U.S.C. 4012a), and section 202(a) of such 
     Act, shall not apply to a property located in an area 
     designated as having a special flood hazard if the owner of 
     such property submits to the Administrator an elevation 
     certificate for such property showing that the lowest level 
     of the

[[Page 19875]]

     primary residence on such property is at an elevation that is 
     at least three feet higher than the elevation of the 100-year 
     flood plain.
       (2) Review of certificate.--The Administrator shall accept 
     as conclusive each elevation certificate submitted under 
     paragraph (1) unless the Administrator conducts a subsequent 
     elevation survey and determines that the lowest level of the 
     primary residence on the property in question is not at an 
     elevation that is at least three feet higher than the 
     elevation of the 100-year flood plain. The Administrator 
     shall provide any such subsequent elevation survey to the 
     owner of such property.
       (3) Determinations for properties on borders of special 
     flood hazard areas.--
       (A) Expedited determination.--In the case of any survey for 
     a property submitted to the Administrator pursuant to 
     paragraph (1) showing that a portion of the property is 
     located within an area having special flood hazards and that 
     a structure located on the property is not located within 
     such area having special flood hazards, the Administrator 
     shall expeditiously process any request made by an owner of 
     the property for a determination pursuant to paragraph (2) or 
     a determination of whether the structure is located within 
     the area having special flood hazards.
       (B) Prohibition of fee.--If the Administrator determines 
     pursuant to subparagraph (A) that the structure on the 
     property is not located within the area having special flood 
     hazards, the Administrator shall not charge a fee for 
     reviewing the flood hazard data and shall not require the 
     owner to provide any additional elevation data.
       (C) Simplification of review process.--The Administrator 
     shall collaborate with private sector flood insurers to 
     simplify the review process for properties described in 
     subparagraph (A) and to ensure that the review process 
     provides for accurate determinations.
       (4) Termination of authority.--This subsection shall cease 
     to apply to a property on the date on which the Administrator 
     updates the flood insurance rate map that applies to such 
     property in accordance with the requirements of subsection 
     (d).

     SEC. 3008. TREATMENT OF LEVEES.

       Section 1360 of the National Flood Insurance Act of 1968 
     (42 U.S.C. 4101) is amended by adding at the end the 
     following new subsection:
       ``(k) Treatment of Levees.--The Administrator may not issue 
     flood insurance maps, or make effective updated flood 
     insurance maps, that omit or disregard the actual protection 
     afforded by an existing levee, floodwall, pump or other flood 
     protection feature, regardless of the accreditation status of 
     such feature.''.

     SEC. 3009. PRIVATIZATION INITIATIVES.

       (a) FEMA and GAO Reports.--Not later than the expiration of 
     the 18-month period beginning on the date of the enactment of 
     this Act, the Administrator of the Federal Emergency 
     Management Agency and the Comptroller General of the United 
     States shall each conduct a separate study to assess a broad 
     range of options, methods, and strategies for privatizing the 
     national flood insurance program and shall each submit a 
     report to the Committee on Financial Services of the House of 
     Representatives and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate with recommendations for the best 
     manner to accomplish such privatization.
       (b) Private Risk-Management Initiatives.--
       (1) Authority.--The Administrator of the Federal Emergency 
     Management Agency may carry out such private risk-management 
     initiatives under the national flood insurance program as the 
     Administrator considers appropriate to determine the capacity 
     of private insurers, reinsurers, and financial markets to 
     assist communities, on a voluntary basis only, in managing 
     the full range of financial risks associated with flooding.
       (2) Assessment.--Not later than the expiration of the 12-
     month period beginning on the date of the enactment of this 
     Act, the Administrator shall assess the capacity of the 
     private reinsurance, capital, and financial markets by 
     seeking proposals to assume a portion of the program's 
     insurance risk and submit to the Congress a report describing 
     the response to such request for proposals and the results of 
     such assessment.
       (3) Protocol for release of data.--The Administrator shall 
     develop a protocol to provide for the release of data 
     sufficient to conduct the assessment required under paragraph 
     (2).
       (c) Reinsurance.--The National Flood Insurance Act of 1968 
     is amended--
       (1) in section 1331(a)(2) (42 U.S.C. 4051(a)(2)), by 
     inserting ``, including as reinsurance of insurance coverage 
     provided by the flood insurance program'' before ``, on such 
     terms'';
       (2) in section 1332(c)(2) (42 U.S.C. 4052(c)(2)), by 
     inserting ``or reinsurance'' after ``flood insurance 
     coverage'';
       (3) in section 1335(a) (42 U.S.C. 4055(a))--
       (A) by inserting ``(1)'' after ``(a)''; and
       (B) by adding at the end the following new paragraph:
       ``(2) The Administrator is authorized to secure reinsurance 
     coverage of coverage provided by the flood insurance program 
     from private market insurance, reinsurance, and capital 
     market sources at rates and on terms determined by the 
     Administrator to be reasonable and appropriate in an amount 
     sufficient to maintain the ability of the program to pay 
     claims and that minimizes the likelihood that the program 
     will utilize the borrowing authority provided under section 
     1309.'';
       (4) in section 1346(a) (12 U.S.C. 4082(a))--
       (A) in the matter preceding paragraph (1), by inserting ``, 
     or for purposes of securing reinsurance of insurance coverage 
     provided by the program,'' before ``of any or all of'';
       (B) in paragraph (1)--
       (i) by striking ``estimating'' and inserting 
     ``Estimating''; and
       (ii) by striking the semicolon at the end and inserting a 
     period;
       (C) in paragraph (2)--
       (i) by striking ``receiving'' and inserting ``Receiving''; 
     and
       (ii) by striking the semicolon at the end and inserting a 
     period;
       (D) in paragraph (3)--
       (i) by striking ``making'' and inserting ``Making''; and
       (ii) by striking ``; and'' and inserting a period;
       (E) in paragraph (4)--
       (i) by striking ``otherwise'' and inserting ``Otherwise''; 
     and
       (ii) by redesignating such paragraph as paragraph (5); and
       (F) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) Placing reinsurance coverage on insurance provided by 
     such program.''; and
       (5) in section 1370(a)(3) (42 U.S.C. 4121(a)(3)), by 
     inserting before the semicolon at the end the following: ``, 
     is subject to the reporting requirements of the Securities 
     Exchange Act of 1934, pursuant to section 13(a) or 15(d) of 
     such Act (15 U.S.C. 78m(a), 78o(d)), or is authorized by the 
     Administrator to assume reinsurance on risks insured by the 
     flood insurance program''.
       (d) Assessment of Claims-Paying Ability.--
       (1) Assessment.--Not later than September 30 of each year, 
     the Administrator of the Federal Emergency Management Agency 
     shall conduct an assessment of the claims-paying ability of 
     the national flood insurance program, including the program's 
     utilization of private sector reinsurance and reinsurance 
     equivalents, with and without reliance on borrowing authority 
     under section 1309 of the National Flood Insurance Act of 
     1968 (42 U.S.C. 4016). In conducting the assessment, the 
     Administrator shall take into consideration regional 
     concentrations of coverage written by the program, peak flood 
     zones, and relevant mitigation measures.
       (2) Report.--The Administrator shall submit a report to the 
     Congress of the results of each such assessment, and make 
     such report available to the public, not later than 30 days 
     after completion of the assessment.

     SEC. 3010. FEMA ANNUAL REPORT ON INSURANCE PROGRAM.

       Section 1320 of the National Flood Insurance Act of 1968 
     (42 U.S.C. 4027) is amended--
       (1) in the section heading, by striking ``report to the 
     president'' and inserting ``annual report to congress'';
       (2) in subsection (a)--
       (A) by striking ``biennially'';
       (B) by striking ``the President for submission to''; and
       (C) by inserting ``not later than June 30 of each year'' 
     before the period at the end;
       (3) in subsection (b), by striking ``biennial'' and 
     inserting ``annual''; and
       (4) by adding at the end the following new subsection:
       ``(c) Financial Status of Program.--The report under this 
     section for each year shall include information regarding the 
     financial status of the national flood insurance program 
     under this title, including a description of the financial 
     status of the National Flood Insurance Fund and current and 
     projected levels of claims, premium receipts, expenses, and 
     borrowing under the program.''.

     SEC. 3011. MITIGATION ASSISTANCE.

       (a) Mitigation Assistance Grants.--Section 1366 of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4104c) is 
     amended--
       (1) in subsection (a), by striking the last sentence and 
     inserting the following: ``Such financial assistance shall be 
     made available--
       ``(1) to States and communities in the form of grants under 
     this section for carrying out mitigation activities;
       ``(2) to States and communities in the form of grants under 
     this section for carrying out mitigation activities that 
     reduce flood damage to severe repetitive loss structures; and
       ``(3) to property owners in the form of direct grants under 
     this section for carrying out mitigation activities that 
     reduce flood damage to individual structures for which 2 or 
     more claim payments for losses have been made under flood 
     insurance coverage under this title if the Administrator, 
     after consultation with the State and community, determines 
     that neither the State nor community in which such a 
     structure is located has the capacity to manage such 
     grants.'';
       (2) by striking subsection (b);
       (3) in subsection (c)--
       (A) by striking ``flood risk'' and inserting ``multi-
     hazard'';
       (B) by striking ``provides protection against'' and 
     inserting ``examines reduction of''; and
       (C) by redesignating such subsection as subsection (b);
       (4) by striking subsection (d);
       (5) in subsection (e)--
       (A) in paragraph (1), by striking the paragraph designation 
     and all that follows through the end of the first sentence 
     and inserting the following:
       ``(1) Requirement of consistency with approved mitigation 
     plan.--Amounts provided under this section may be used only 
     for mitigation activities that are consistent with mitigation 
     plans that are approved by the Administrator and identified 
     under subparagraph (4).'';
       (B) by striking paragraphs (2), (3), and (4) and inserting 
     the following new paragraphs:

[[Page 19876]]

       ``(2) Requirements of technical feasibility, cost 
     effectiveness, and interest of nfif.--The Administrator may 
     approve only mitigation activities that the Administrator 
     determines are technically feasible and cost-effective and in 
     the interest of, and represent savings to, the National Flood 
     Insurance Fund. In making such determinations, the 
     Administrator shall take into consideration recognized 
     benefits that are difficult to quantify.
       ``(3) Priority for mitigation assistance.--In providing 
     grants under this section for mitigation activities, the 
     Administrator shall give priority for funding to activities 
     that the Administrator determines will result in the greatest 
     savings to the National Flood Insurance Fund, including 
     activities for--
       ``(A) severe repetitive loss structures;
       ``(B) repetitive loss structures; and
       ``(C) other subsets of structures as the Administrator may 
     establish.'';
       (C) in paragraph (5)--
       (i) by striking all of the matter that precedes 
     subparagraph (A) and inserting the following:
       ``(4) Eligible activities.--Eligible activities may 
     include--'';
       (ii) by striking subparagraphs (E) and (H);
       (iii) by redesignating subparagraphs (D), (F), and (G) as 
     subparagraphs (E), (G), and (H);
       (iv) by inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D) elevation, relocation, and floodproofing of utilities 
     (including equipment that serve structures);'';
       (v) by inserting after subparagraph (E), as so redesignated 
     by clause (iii) of this subparagraph, the following new 
     subparagraph:
       ``(F) the development or update of State, local, or Indian 
     tribal mitigation plans which meet the planning criteria 
     established by the Administrator, except that the amount from 
     grants under this section that may be used under this 
     subparagraph may not exceed $50,000 for any mitigation plan 
     of a State or $25,000 for any mitigation plan of a local 
     government or Indian tribe;'';
       (vi) in subparagraph (H); as so redesignated by clause 
     (iii) of this subparagraph, by striking ``and'' at the end; 
     and
       (vii) by adding at the end the following new subparagraphs:
       ``(I) other mitigation activities not described in 
     subparagraphs (A) through (G) or the regulations issued under 
     subparagraph (H), that are described in the mitigation plan 
     of a State, community, or Indian tribe; and
       ``(J) personnel costs for State staff that provide 
     technical assistance to communities to identify eligible 
     activities, to develop grant applications, and to implement 
     grants awarded under this section, not to exceed $50,000 per 
     State in any Federal fiscal year, so long as the State 
     applied for and was awarded at least $1,000,000 in grants 
     available under this section in the prior Federal fiscal 
     year; the requirements of subsections (d)(1) and (d)(2) shall 
     not apply to the activity under this subparagraph.'';
       (D) by adding at the end the following new paragraph:
       ``(6) Eligibility of demolition and rebuilding of 
     properties.--The Administrator shall consider as an eligible 
     activity the demolition and rebuilding of properties to at 
     least base flood elevation or greater, if required by the 
     Administrator or if required by any State regulation or local 
     ordinance, and in accordance with criteria established by the 
     Administrator.''; and
       (E) by redesignating such subsection as subsection (c);
       (6) by striking subsections (f), (g), and (h) and inserting 
     the following new subsection:
       ``(d) Matching Requirement.--The Administrator may provide 
     grants for eligible mitigation activities as follows:
       ``(1) Severe repetitive loss structures.--In the case of 
     mitigation activities to severe repetitive loss structures, 
     in an amount up to 100 percent of all eligible costs.
       ``(2) Repetitive loss structures.--In the case of 
     mitigation activities to repetitive loss structures, in an 
     amount up to 90 percent of all eligible costs.
       ``(3) Other mitigation activities.--In the case of all 
     other mitigation activities, in an amount up to 75 percent of 
     all eligible costs.'';
       (7) in subsection (i)--
       (A) in paragraph (2)--
       (i) by striking ``certified under subsection (g)'' and 
     inserting ``required under subsection (d)''; and
       (ii) by striking ``3 times the amount'' and inserting ``the 
     amount''; and
       (B) by redesignating such subsection as subsection (e);
       (8) in subsection (j)--
       (A) in paragraph (1), by striking ``Riegle Community 
     Development and Regulatory Improvement Act of 1994'' and 
     inserting ``Flood Insurance Reform Act of 2011'';
       (B) by redesignating such subsection as subsection (f); and
       (9) by striking subsections (k) and (m) and inserting the 
     following new subsections:
       ``(g) Failure To Make Grant Award Within 5 Years.--For any 
     application for a grant under this section for which the 
     Administrator fails to make a grant award within 5 years of 
     the date of application, the grant application shall be 
     considered to be denied and any funding amounts allocated for 
     such grant applications shall remain in the National Flood 
     Mitigation Fund under section 1367 of this title and shall be 
     made available for grants under this section.
       ``(h) Limitation on Funding for Mitigation Activities for 
     Severe Repetitive Loss Structures.--The amount used pursuant 
     to section 1310(a)(8) in any fiscal year may not exceed 
     $40,000,000 and shall remain available until expended.
       ``(i) Definitions.--For purposes of this section, the 
     following definitions shall apply:
       ``(1) Community.--The term `community' means--
       ``(A) a political subdivision that--
       ``(i) has zoning and building code jurisdiction over a 
     particular area having special flood hazards, and
       ``(ii) is participating in the national flood insurance 
     program; or
       ``(B) a political subdivision of a State, or other 
     authority, that is designated by political subdivisions, all 
     of which meet the requirements of subparagraph (A), to 
     administer grants for mitigation activities for such 
     political subdivisions.
       ``(2) Repetitive loss structure.--The term `repetitive loss 
     structure' has the meaning given such term in section 1370.
       ``(3) Severe repetitive loss structure.--The term `severe 
     repetitive loss structure' means a structure that--
       ``(A) is covered under a contract for flood insurance made 
     available under this title; and
       ``(B) has incurred flood-related damage--
       ``(i) for which 4 or more separate claims payments have 
     been made under flood insurance coverage under this title, 
     with the amount of each such claim exceeding $15,000, and 
     with the cumulative amount of such claims payments exceeding 
     $60,000; or
       ``(ii) for which at least 2 separate claims payments have 
     been made under such coverage, with the cumulative amount of 
     such claims exceeding the value of the insured structure.''.
       (b) Elimination of Grants Program for Repetitive Insurance 
     Claims Properties.--Chapter I of the National Flood Insurance 
     Act of 1968 is amended by striking section 1323 (42 U.S.C. 
     4030).
       (c) Elimination of Pilot Program for Mitigation of Severe 
     Repetitive Loss Properties.--Chapter III of the National 
     Flood Insurance Act of 1968 is amended by striking section 
     1361A (42 U.S.C. 4102a).
       (d) National Flood Insurance Fund.--Section 1310(a) of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is 
     amended--
       (1) in paragraph (6), by inserting ``and'' after the 
     semicolon;
       (2) in paragraph (7), by striking the semicolon and 
     inserting a period; and
       (3) by striking paragraphs (8) and (9).
       (e) National Flood Mitigation Fund.--Section 1367 of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4104d) is 
     amended--
       (1) in subsection (b)--
       (A) by striking paragraph (1) and inserting the following 
     new paragraph:
       ``(1) in each fiscal year, from the National Flood 
     Insurance Fund in amounts not exceeding $90,000,000 to remain 
     available until expended, of which--
       ``(A) not more than $40,000,000 shall be available pursuant 
     to subsection (a) of this section only for assistance 
     described in section 1366(a)(1);
       ``(B) not more than $40,000,000 shall be available pursuant 
     to subsection (a) of this section only for assistance 
     described in section 1366(a)(2); and
       ``(C) not more than $10,000,000 shall be available pursuant 
     to subsection (a) of this section only for assistance 
     described in section 1366(a)(3).'';
       (B) in paragraph (3), by striking ``section 1366(i)'' and 
     inserting ``section 1366(e)'';
       (2) in subsection (c), by striking ``sections 1366 and 
     1323'' and inserting ``section 1366'';
       (3) by redesignating subsections (d) and (e) as subsections 
     (f) and (g), respectively; and
       (4) by inserting after subsection (c) the following new 
     subsections:
       ``(d) Prohibition on Offsetting Collections.--
     Notwithstanding any other provision of this title, amounts 
     made available pursuant to this section shall not be subject 
     to offsetting collections through premium rates for flood 
     insurance coverage under this title.
       ``(e) Continued Availability and Reallocation.--Any amounts 
     made available pursuant to subparagraph (A), (B), or (C) of 
     subsection (b)(1) that are not used in any fiscal year shall 
     continue to be available for the purposes specified in such 
     subparagraph of subsection (b)(1) pursuant to which such 
     amounts were made available, unless the Administrator 
     determines that reallocation of such unused amounts to meet 
     demonstrated need for other mitigation activities under 
     section 1366 is in the best interest of the National Flood 
     Insurance Fund.''.
       (f) Increased Cost of Compliance Coverage.--Section 
     1304(b)(4) of the National Flood Insurance Act of 1968 (42 
     U.S.C. 4011(b)(4)) is amended--
       (1) by striking subparagraph (B); and
       (2) by redesignating subparagraphs (C), (D), and (E) as 
     subparagraphs (B), (C), and (D), respectively.

     SEC. 3012. NOTIFICATION TO HOMEOWNERS REGARDING MANDATORY 
                   PURCHASE REQUIREMENT APPLICABILITY AND RATE 
                   PHASE-INS.

       Section 201 of the Flood Disaster Protection Act of 1973 
     (42 U.S.C. 4105) is amended by adding at the end the 
     following new subsection:
       ``(f) Annual Notification.--The Administrator, in 
     consultation with affected communities, shall establish and 
     carry out a plan to notify residents of areas having special 
     flood hazards, on an annual basis--
       ``(1) that they reside in such an area;
       ``(2) of the geographical boundaries of such area;

[[Page 19877]]

       ``(3) of whether section 1308(g) of the National Flood 
     Insurance Act of 1968 applies to properties within such area;
       ``(4) of the provisions of section 102 requiring purchase 
     of flood insurance coverage for properties located in such an 
     area, including the date on which such provisions apply with 
     respect to such area, taking into consideration section 
     102(i); and
       ``(5) of a general estimate of what similar homeowners in 
     similar areas typically pay for flood insurance coverage, 
     taking into consideration section 1308(g) of the National 
     Flood Insurance Act of 1968.''.

     SEC. 3013. NOTIFICATION TO MEMBERS OF CONGRESS OF FLOOD MAP 
                   REVISIONS AND UPDATES.

       Section 1360 of the National Flood Insurance Act of 1968 
     (42 U.S.C. 4101), as amended by the preceding provisions of 
     this title, is further amended by adding at the end the 
     following new subsection:
       ``(l) Notification to Members of Congress of Map 
     Modernization.--Upon any revision or update of any floodplain 
     area or flood-risk zone pursuant to subsection (f), any 
     decision pursuant to subsection (f)(1) that such revision or 
     update is necessary, any issuance of preliminary maps for 
     such revision or updating, or any other significant action 
     relating to any such revision or update, the Administrator 
     shall notify the Senators for each State affected, and each 
     Member of the House of Representatives for each congressional 
     district affected, by such revision or update in writing of 
     the action taken.''.

     SEC. 3014. NOTIFICATION AND APPEAL OF MAP CHANGES; 
                   NOTIFICATION TO COMMUNITIES OF ESTABLISHMENT OF 
                   FLOOD ELEVATIONS.

       Section 1363 of the National Flood Insurance Act of 1968 
     (42 U.S.C. 4104) is amended by striking the section 
     designation and all that follows through the end of 
     subsection (a) and inserting the following:
       ``Sec. 1363. (a) In establishing projected flood elevations 
     for land use purposes with respect to any community pursuant 
     to section 1361, the Director shall first propose such 
     determinations--
       ``(1) by providing the chief executive officer of each 
     community affected by the proposed elevations, by certified 
     mail, with a return receipt requested, notice of the 
     elevations, including a copy of the maps for the elevations 
     for such community and a statement explaining the process 
     under this section to appeal for changes in such elevations;
       ``(2) by causing notice of such elevations to be published 
     in the Federal Register, which notice shall include 
     information sufficient to identify the elevation 
     determinations and the communities affected, information 
     explaining how to obtain copies of the elevations, and a 
     statement explaining the process under this section to appeal 
     for changes in the elevations;
       ``(3) by publishing in a prominent local newspaper the 
     elevations, a description of the appeals process for flood 
     determinations, and the mailing address and telephone number 
     of a person the owner may contact for more information or to 
     initiate an appeal; and
       ``(4) by providing written notification, by first class 
     mail, to each owner of real property affected by the proposed 
     elevations of--
       ``(A) the status of such property, both prior to and after 
     the effective date of the proposed determination, with 
     respect to flood zone and flood insurance requirements under 
     this Act and the Flood Disaster Protection Act of 1973;
       ``(B) the process under this section to appeal a flood 
     elevation determination; and
       ``(C) the mailing address and phone number of a person the 
     owner may contact for more information or to initiate an 
     appeal.''.

     SEC. 3015. NOTIFICATION TO TENANTS OF AVAILABILITY OF 
                   CONTENTS INSURANCE.

       The National Flood Insurance Act of 1968 is amended by 
     inserting after section 1308 (42 U.S.C. 4015) the following 
     new section:

     ``SEC. 1308A. NOTIFICATION TO TENANTS OF AVAILABILITY OF 
                   CONTENTS INSURANCE.

       ``(a) In General.--The Administrator shall, upon entering 
     into a contract for flood insurance coverage under this title 
     for any property--
       ``(1) provide to the insured sufficient copies of the 
     notice developed pursuant to subsection (b); and
       ``(2) require the insured to provide a copy of the notice, 
     or otherwise provide notification of the information under 
     subsection (b) in the manner that the manager or landlord 
     deems most appropriate, to each such tenant and to each new 
     tenant upon commencement of such a tenancy.
       ``(b) Notice.--Notice to a tenant of a property in 
     accordance with this subsection is written notice that 
     clearly informs a tenant--
       ``(1) whether the property is located in an area having 
     special flood hazards;
       ``(2) that flood insurance coverage is available under the 
     national flood insurance program under this title for 
     contents of the unit or structure leased by the tenant;
       ``(3) of the maximum amount of such coverage for contents 
     available under this title at that time; and
       ``(4) of where to obtain information regarding how to 
     obtain such coverage, including a telephone number, mailing 
     address, and Internet site of the Administrator where such 
     information is available.''.

     SEC. 3016. NOTIFICATION TO POLICY HOLDERS REGARDING DIRECT 
                   MANAGEMENT OF POLICY BY FEMA.

       Part C of chapter II of the National Flood Insurance Act of 
     1968 (42 U.S.C. 4081 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 1349. NOTIFICATION TO POLICY HOLDERS REGARDING DIRECT 
                   MANAGEMENT OF POLICY BY FEMA.

       ``(a) Notification.--Not later than 60 days before the date 
     on which a transferred flood insurance policy expires, and 
     annually thereafter until such time as the Federal Emergency 
     Management Agency is no longer directly administering such 
     policy, the Administrator shall notify the holder of such 
     policy that--
       ``(1) the Federal Emergency Management Agency is directly 
     administering the policy;
       ``(2) such holder may purchase flood insurance that is 
     directly administered by an insurance company; and
       ``(3) purchasing flood insurance offered under the National 
     Flood Insurance Program that is directly administered by an 
     insurance company will not alter the coverage provided or the 
     premiums charged to such holder that otherwise would be 
     provided or charged if the policy was directly administered 
     by the Federal Emergency Management Agency.
       ``(b) Definition.--In this section, the term `transferred 
     flood insurance policy' means a flood insurance policy that--
       ``(1) was directly administered by an insurance company at 
     the time the policy was originally purchased by the policy 
     holder; and
       ``(2) at the time of renewal of the policy, direct 
     administration of the policy was or will be transferred to 
     the Federal Emergency Management Agency.''.

     SEC. 3017. NOTICE OF AVAILABILITY OF FLOOD INSURANCE AND 
                   ESCROW IN RESPA GOOD FAITH ESTIMATE.

       Subsection (c) of section 5 of the Real Estate Settlement 
     Procedures Act of 1974 (12 U.S.C. 2604(c)) is amended by 
     adding at the end the following new sentence: ``Each such 
     good faith estimate shall include the following conspicuous 
     statements and information: (1) that flood insurance coverage 
     for residential real estate is generally available under the 
     national flood insurance program whether or not the real 
     estate is located in an area having special flood hazards and 
     that, to obtain such coverage, a home owner or purchaser 
     should contact the national flood insurance program; (2) a 
     telephone number and a location on the Internet by which a 
     home owner or purchaser can contact the national flood 
     insurance program; and (3) that the escrowing of flood 
     insurance payments is required for many loans under section 
     102(d) of the Flood Disaster Protection Act of 1973, and may 
     be a convenient and available option with respect to other 
     loans.''.

     SEC. 3018. REIMBURSEMENT FOR COSTS INCURRED BY HOMEOWNERS AND 
                   COMMUNITIES OBTAINING LETTERS OF MAP AMENDMENT 
                   OR REVISION.

       (a) In General.--Section 1360 of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4101), as amended by the 
     preceding provisions of this title, is further amended by 
     adding at the end the following new subsection:
       ``(m) Reimbursement.--
       ``(1) Requirement upon bona fide error.--If an owner of any 
     property located in an area described in section 102(i)(3) of 
     the Flood Disaster Protection Act of 1973, or a community in 
     which such a property is located, obtains a letter of map 
     amendment, or a letter of map revision, due to a bona fide 
     error on the part of the Administrator of the Federal 
     Emergency Management Agency, the Administrator shall 
     reimburse such owner, or such entity or jurisdiction acting 
     on such owner's behalf, or such community, as applicable, for 
     any reasonable costs incurred in obtaining such letter.
       ``(2) Reasonable costs.--The Administrator shall, by 
     regulation or notice, determine a reasonable amount of costs 
     to be reimbursed under paragraph (1), except that such costs 
     shall not include legal or attorneys fees. In determining the 
     reasonableness of costs, the Administrator shall only 
     consider the actual costs to the owner or community, as 
     applicable, of utilizing the services of an engineer, 
     surveyor, or similar services.''.
       (b) Regulations.--Not later than 90 days after the date of 
     the enactment of this Act, the Administrator of the Federal 
     Emergency Management Agency shall issue the regulations or 
     notice required under section 1360(m)(2) of the National 
     Flood Insurance Act of 1968, as added by the amendment made 
     by subsection (a) of this section.

     SEC. 3019. ENHANCED COMMUNICATION WITH CERTAIN COMMUNITIES 
                   DURING MAP UPDATING PROCESS.

       Section 1360 of the National Flood Insurance Act of 1968 
     (42 U.S.C. 4101), as amended by the preceding provisions of 
     this title, is further amended by adding at the end the 
     following new subsection:
       ``(n) Enhanced Communication With Certain Communities 
     During Map Updating Process.--In updating flood insurance 
     maps under this section, the Administrator shall communicate 
     with communities located in areas where flood insurance rate 
     maps have not been updated in 20 years or more and the 
     appropriate State emergency agencies to resolve outstanding 
     issues, provide technical assistance, and disseminate all 
     necessary information to reduce the prevalence of outdated 
     maps in flood-prone areas.''.

     SEC. 3020. NOTIFICATION TO RESIDENTS NEWLY INCLUDED IN FLOOD 
                   HAZARD AREAS.

       Section 1360 of the National Flood Insurance Act of 1968 
     (42 U.S.C. 4101), as amended by the preceding provisions of 
     this title, is further

[[Page 19878]]

     amended by adding at the end the following new subsection:
       ``(o) Notification to Residents Newly Included in Flood 
     Hazard Area.--In revising or updating any areas having 
     special flood hazards, the Administrator shall provide to 
     each owner of a property to be newly included in such a 
     special flood hazard area, at the time of issuance of such 
     proposed revised or updated flood insurance maps, a copy of 
     the proposed revised or updated flood insurance maps together 
     with information regarding the appeals process under section 
     1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 
     4104).''.

     SEC. 3021. TREATMENT OF SWIMMING POOL ENCLOSURES OUTSIDE OF 
                   HURRICANE SEASON.

       Chapter I of the National Flood Insurance Act of 1968 (42 
     U.S.C. 4001 et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 1325. TREATMENT OF SWIMMING POOL ENCLOSURES OUTSIDE OF 
                   HURRICANE SEASON.

       ``In the case of any property that is otherwise in 
     compliance with the coverage and building requirements of the 
     national flood insurance program, the presence of an enclosed 
     swimming pool located at ground level or in the space below 
     the lowest floor of a building after November 30 and before 
     June 1 of any year shall have no effect on the terms of 
     coverage or the ability to receive coverage for such building 
     under the national flood insurance program established 
     pursuant to this title, if the pool is enclosed with non-
     supporting breakaway walls.''.

     SEC. 3022. INFORMATION REGARDING MULTIPLE PERILS CLAIMS.

       Section 1345 of the National Flood Insurance Act of 1968 
     (42 U.S.C. 4081) is amended by adding at the end the 
     following new subsection:
       ``(d) Information Regarding Multiple Perils Claims.--
       ``(1) In general.--Subject to paragraph (2), if an insured 
     having flood insurance coverage under a policy issued under 
     the program under this title by the Administrator or a 
     company, insurer, or entity offering flood insurance coverage 
     under such program (in this subsection referred to as a 
     `participating company') has wind or other homeowners 
     coverage from any company, insurer, or other entity covering 
     property covered by such flood insurance, in the case of 
     damage to such property that may have been caused by flood or 
     by wind, the Administrator and the participating company, 
     upon the request of the insured, shall provide to the 
     insured, within 30 days of such request--
       ``(A) a copy of the estimate of structure damage;
       ``(B) proofs of loss;
       ``(C) any expert or engineering reports or documents 
     commissioned by or relied upon by the Administrator or 
     participating company in determining whether the damage was 
     caused by flood or any other peril; and
       ``(D) the Administrator's or the participating company's 
     final determination on the claim.
       ``(2) Timing.--Paragraph (1) shall apply only with respect 
     to a request described in such paragraph made by an insured 
     after the Administrator or the participating company, or 
     both, as applicable, have issued a final decision on the 
     flood claim involved and resolution of all appeals with 
     respect to such claim.''.

     SEC. 3023. FEMA AUTHORITY TO REJECT TRANSFER OF POLICIES.

       Section 1345 of the National Flood Insurance Act of 1968 
     (42 U.S.C. 4081) is amended by adding at the end the 
     following new subsection:
       ``(e) FEMA Authority To Reject Transfer of Policies.--
     Notwithstanding any other provision of this Act, the 
     Administrator may, at the discretion of the Administrator, 
     refuse to accept the transfer of the administration of 
     policies for coverage under the flood insurance program under 
     this title that are written and administered by any insurance 
     company or other insurer, or any insurance agent or 
     broker.''.

     SEC. 3024. APPEALS.

       (a) Television and Radio Announcement.--Section 1363 of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4104) is 
     amended--
       (1) in subsection (a), by inserting after 
     ``determinations'' by inserting the following: ``by notifying 
     a local television and radio station,''; and
       (2) in the first sentence of subsection (b), by inserting 
     before the period at the end the following: ``and shall 
     notify a local television and radio station at least once 
     during the same 10-day period''.
       (b) Extension of Appeals Period.--Subsection (b) of section 
     1363 of the National Flood Insurance Act of 1968 (42 U.S.C. 
     4104(b)) is amended--
       (1) by striking ``(b) The Director'' and inserting ``(b)(1) 
     The Administrator''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The Administrator shall grant an extension of the 90-
     day period for appeals referred to in paragraph (1) for 90 
     additional days if an affected community certifies to the 
     Administrator, after the expiration of at least 60 days of 
     such period, that the community--
       ``(A) believes there are property owners or lessees in the 
     community who are unaware of such period for appeals; and
       ``(B) will utilize the extension under this paragraph to 
     notify property owners or lessees who are affected by the 
     proposed flood elevation determinations of the period for 
     appeals and the opportunity to appeal the determinations 
     proposed by the Administrator.''.
       (c) Applicability.--The amendments made by subsections (a) 
     and (b) shall apply with respect to any flood elevation 
     determination for any area in a community that has not, as of 
     the date of the enactment of this Act, been issued a Letter 
     of Final Determination for such determination under the flood 
     insurance map modernization process.

     SEC. 3025. RESERVE FUND.

       (a) Establishment.--Chapter I of the National Flood 
     Insurance Act of 1968 is amended by inserting after section 
     1310 (42 U.S.C. 4017) the following new section:

     ``SEC. 1310A. RESERVE FUND.

       ``(a) Establishment of Reserve Fund.--In carrying out the 
     flood insurance program authorized by this title, the 
     Administrator shall establish in the Treasury of the United 
     States a National Flood Insurance Reserve Fund (in this 
     section referred to as the `Reserve Fund') which shall--
       ``(1) be an account separate from any other accounts or 
     funds available to the Administrator; and
       ``(2) be available for meeting the expected future 
     obligations of the flood insurance program.
       ``(b) Reserve Ratio.--Subject to the phase-in requirements 
     under subsection (d), the Reserve Fund shall maintain a 
     balance equal to--
       ``(1) 1 percent of the sum of the total potential loss 
     exposure of all outstanding flood insurance policies in force 
     in the prior fiscal year; or
       ``(2) such higher percentage as the Administrator 
     determines to be appropriate, taking into consideration any 
     circumstance that may raise a significant risk of substantial 
     future losses to the Reserve Fund.
       ``(c) Maintenance of Reserve Ratio.--
       ``(1) In general.--The Administrator shall have the 
     authority to establish, increase, or decrease the amount of 
     aggregate annual insurance premiums to be collected for any 
     fiscal year necessary--
       ``(A) to maintain the reserve ratio required under 
     subsection (b); and
       ``(B) to achieve such reserve ratio, if the actual balance 
     of such reserve is below the amount required under subsection 
     (b).
       ``(2) Considerations.--In exercising the authority under 
     paragraph (1), the Administrator shall consider--
       ``(A) the expected operating expenses of the Reserve Fund;
       ``(B) the insurance loss expenditures under the flood 
     insurance program;
       ``(C) any investment income generated under the flood 
     insurance program; and
       ``(D) any other factor that the Administrator determines 
     appropriate.
       ``(3) Limitations.--In exercising the authority under 
     paragraph (1), the Administrator shall be subject to all 
     other provisions of this Act, including any provisions 
     relating to chargeable premium rates and annual increases of 
     such rates.
       ``(d) Phase-In Requirements.--The phase-in requirements 
     under this subsection are as follows:
       ``(1) In general.--Beginning in fiscal year 2012 and not 
     ending until the fiscal year in which the ratio required 
     under subsection (b) is achieved, in each such fiscal year 
     the Administrator shall place in the Reserve Fund an amount 
     equal to not less than 7.5 percent of the reserve ratio 
     required under subsection (b).
       ``(2) Amount satisfied.--As soon as the ratio required 
     under subsection (b) is achieved, and except as provided in 
     paragraph (3), the Administrator shall not be required to set 
     aside any amounts for the Reserve Fund.
       ``(3) Exception.--If at any time after the ratio required 
     under subsection (b) is achieved, the Reserve Fund falls 
     below the required ratio under subsection (b), the 
     Administrator shall place in the Reserve Fund for that fiscal 
     year an amount equal to not less than 7.5 percent of the 
     reserve ratio required under subsection (b).
       ``(e) Limitation on Reserve Ratio.--In any given fiscal 
     year, if the Administrator determines that the reserve ratio 
     required under subsection (b) cannot be achieved, the 
     Administrator shall submit a report to the Congress that--
       ``(1) describes and details the specific concerns of the 
     Administrator regarding such consequences;
       ``(2) demonstrates how such consequences would harm the 
     long-term financial soundness of the flood insurance program; 
     and
       ``(3) indicates the maximum attainable reserve ratio for 
     that particular fiscal year.
       ``(f) Availability of Amounts.--The reserve ratio 
     requirements under subsection (b) and the phase-in 
     requirements under subsection (d) shall be subject to the 
     availability of amounts in the National Flood Insurance Fund 
     for transfer under section 1310(a)(10), as provided in 
     section 1310(f).''.
       (b) Funding.--Subsection (a) of section 1310 of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4017(a)) is 
     amended--
       (1) in paragraph (8), by striking ``and'' at the end;
       (2) in paragraph (9), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(10) for transfers to the National Flood Insurance 
     Reserve Fund under section 1310A, in accordance with such 
     section.''.

     SEC. 3026. CDBG ELIGIBILITY FOR FLOOD INSURANCE OUTREACH 
                   ACTIVITIES AND COMMUNITY BUILDING CODE 
                   ADMINISTRATION GRANTS.

       Section 105(a) of the Housing and Community Development Act 
     of 1974 (42 U.S.C. 5305(a)) is amended--
       (1) in paragraph (24), by striking ``and'' at the end;
       (2) in paragraph (25), by striking the period at the end 
     and inserting a semicolon; and

[[Page 19879]]

       (3) by adding at the end the following new paragraphs:
       ``(26) supplementing existing State or local funding for 
     administration of building code enforcement by local building 
     code enforcement departments, including for increasing 
     staffing, providing staff training, increasing staff 
     competence and professional qualifications, and supporting 
     individual certification or departmental accreditation, and 
     for capital expenditures specifically dedicated to the 
     administration of the building code enforcement department, 
     except that, to be eligible to use amounts as provided in 
     this paragraph--
       ``(A) a building code enforcement department shall provide 
     matching, non-Federal funds to be used in conjunction with 
     amounts used under this paragraph in an amount--
       ``(i) in the case of a building code enforcement department 
     serving an area with a population of more than 50,000, equal 
     to not less than 50 percent of the total amount of any funds 
     made available under this title that are used under this 
     paragraph;
       ``(ii) in the case of a building code enforcement 
     department serving an area with a population of between 
     20,001 and 50,000, equal to not less than 25 percent of the 
     total amount of any funds made available under this title 
     that are used under this paragraph; and
       ``(iii) in the case of a building code enforcement 
     department serving an area with a population of less than 
     20,000, equal to not less than 12.5 percent of the total 
     amount of any funds made available under this title that are 
     used under this paragraph,

     except that the Secretary may waive the matching fund 
     requirements under this subparagraph, in whole or in part, 
     based upon the level of economic distress of the jurisdiction 
     in which is located the local building code enforcement 
     department that is using amounts for purposes under this 
     paragraph, and shall waive such matching fund requirements in 
     whole for any recipient jurisdiction that has dedicated all 
     building code permitting fees to the conduct of local 
     building code enforcement; and
       ``(B) any building code enforcement department using funds 
     made available under this title for purposes under this 
     paragraph shall empanel a code administration and enforcement 
     team consisting of at least 1 full-time building code 
     enforcement officer, a city planner, and a health planner or 
     similar officer; and
       ``(27) provision of assistance to local governmental 
     agencies responsible for floodplain management activities 
     (including such agencies of Indians tribes, as such term is 
     defined in section 4 of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 
     4103)) in communities that participate in the national flood 
     insurance program under the National Flood Insurance Act of 
     1968 (42 U.S.C. 4001 et seq.), only for carrying out outreach 
     activities to encourage and facilitate the purchase of flood 
     insurance protection under such Act by owners and renters of 
     properties in such communities and to promote educational 
     activities that increase awareness of flood risk reduction; 
     except that--
       ``(A) amounts used as provided under this paragraph shall 
     be used only for activities designed to--
       ``(i) identify owners and renters of properties in 
     communities that participate in the national flood insurance 
     program, including owners of residential and commercial 
     properties;
       ``(ii) notify such owners and renters when their properties 
     become included in, or when they are excluded from, an area 
     having special flood hazards and the effect of such inclusion 
     or exclusion on the applicability of the mandatory flood 
     insurance purchase requirement under section 102 of the Flood 
     Disaster Protection Act of 1973 (42 U.S.C. 4012a) to such 
     properties;
       ``(iii) educate such owners and renters regarding the flood 
     risk and reduction of this risk in their community, including 
     the continued flood risks to areas that are no longer subject 
     to the flood insurance mandatory purchase requirement;
       ``(iv) educate such owners and renters regarding the 
     benefits and costs of maintaining or acquiring flood 
     insurance, including, where applicable, lower-cost preferred 
     risk policies under this title for such properties and the 
     contents of such properties;
       ``(v) encourage such owners and renters to maintain or 
     acquire such coverage;
       ``(vi) notify such owners of where to obtain information 
     regarding how to obtain such coverage, including a telephone 
     number, mailing address, and Internet site of the 
     Administrator of the Federal Emergency Management Agency (in 
     this paragraph referred to as the `Administrator') where such 
     information is available; and
       ``(vii) educate local real estate agents in communities 
     participating in the national flood insurance program 
     regarding the program and the availability of coverage under 
     the program for owners and renters of properties in such 
     communities, and establish coordination and liaisons with 
     such real estate agents to facilitate purchase of coverage 
     under the National Flood Insurance Act of 1968 and increase 
     awareness of flood risk reduction;
       ``(B) in any fiscal year, a local governmental agency may 
     not use an amount under this paragraph that exceeds 3 times 
     the amount that the agency certifies, as the Secretary, in 
     consultation with the Administrator, shall require, that the 
     agency will contribute from non-Federal funds to be used with 
     such amounts used under this paragraph only for carrying out 
     activities described in subparagraph (A); and for purposes of 
     this subparagraph, the term `non-Federal funds' includes 
     State or local government agency amounts, in-kind 
     contributions, any salary paid to staff to carry out the 
     eligible activities of the local governmental agency 
     involved, the value of the time and services contributed by 
     volunteers to carry out such services (at a rate determined 
     by the Secretary), and the value of any donated material or 
     building and the value of any lease on a building;
       ``(C) a local governmental agency that uses amounts as 
     provided under this paragraph may coordinate or contract with 
     other agencies and entities having particular capacities, 
     specialties, or experience with respect to certain 
     populations or constituencies, including elderly or disabled 
     families or persons, to carry out activities described in 
     subparagraph (A) with respect to such populations or 
     constituencies; and
       ``(D) each local government agency that uses amounts as 
     provided under this paragraph shall submit a report to the 
     Secretary and the Administrator, not later than 12 months 
     after such amounts are first received, which shall include 
     such information as the Secretary and the Administrator 
     jointly consider appropriate to describe the activities 
     conducted using such amounts and the effect of such 
     activities on the retention or acquisition of flood insurance 
     coverage.''.

     SEC. 3027. TECHNICAL CORRECTIONS.

       (a) Flood Disaster Protection Act of 1973.--The Flood 
     Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.) is 
     amended--
       (1) by striking ``Director'' each place such term appears, 
     except in section 102(f)(3) (42 U.S.C. 4012a(f)(3)), and 
     inserting ``Administrator''; and
       (2) in section 201(b) (42 U.S.C. 4105(b)), by striking 
     ``Director's'' and inserting ``Administrator's''.
       (b) National Flood Insurance Act of 1968.--The National 
     Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) is 
     amended--
       (1) by striking ``Director'' each place such term appears 
     and inserting ``Administrator''; and
       (2) in section 1363 (42 U.S.C. 4104), by striking 
     ``Director's'' each place such term appears and inserting 
     ``Administrator's''.
       (c) Federal Flood Insurance Act of 1956.--Section 15(e) of 
     the Federal Flood Insurance Act of 1956 (42 U.S.C. 2414(e)) 
     is amended by striking ``Director'' each place such term 
     appears and inserting ``Administrator''.

     SEC. 3028. REQUIRING COMPETITION FOR NATIONAL FLOOD INSURANCE 
                   PROGRAM POLICIES.

       (a) Report.--Not later than the expiration of the 90-day 
     period beginning upon the date of the enactment of this Act, 
     the Administrator of the Federal Emergency Management Agency, 
     in consultation with insurance companies, insurance agents 
     and other organizations with which the Administrator has 
     contracted, shall submit to the Congress a report describing 
     procedures and policies that the Administrator shall 
     implement to limit the percentage of policies for flood 
     insurance coverage under the national flood insurance program 
     that are directly managed by the Agency to not more than 10 
     percent of the aggregate number of flood insurance policies 
     in force under such program.
       (b) Implementation.--Upon submission of the report under 
     subsection (a) to the Congress, the Administrator shall 
     implement the policies and procedures described in the 
     report. The Administrator shall, not later than the 
     expiration of the 12-month period beginning upon submission 
     of such report, reduce the number of policies for flood 
     insurance coverage that are directly managed by the Agency, 
     or by the Agency's direct servicing contractor that is not an 
     insurer, to not more than 10 percent of the aggregate number 
     of flood insurance policies in force as of the expiration of 
     such 12-month period.
       (c) Continuation of Current Agent Relationships.--In 
     carrying out subsection (b), the Administrator shall ensure 
     that--
       (1) agents selling or servicing policies described in such 
     subsection are not prevented from continuing to sell or 
     service such policies; and
       (2) insurance companies are not prevented from waiving any 
     limitation such companies could otherwise enforce to limit 
     any such activity.

     SEC. 3029. STUDIES OF VOLUNTARY COMMUNITY-BASED FLOOD 
                   INSURANCE OPTIONS.

       (a) Studies.--The Administrator of the Federal Emergency 
     Management Agency and the Comptroller General of the United 
     States shall each conduct a separate study to assess options, 
     methods, and strategies for offering voluntary community-
     based flood insurance policy options and incorporating such 
     options into the national flood insurance program. Such 
     studies shall take into consideration and analyze how the 
     policy options would affect communities having varying 
     economic bases, geographic locations, flood hazard 
     characteristics or classifications, and flood management 
     approaches.
       (b) Reports.--Not later than the expiration of the 18-month 
     period beginning on the date of the enactment of this Act, 
     the Administrator of the Federal Emergency Management Agency 
     and the Comptroller General of the United States shall each 
     submit a report to the Committee on Financial Services of the 
     House of Representatives and the Committee on Banking, 
     Housing, and Urban Affairs of the Senate on the results and 
     conclusions of the study such agency conducted under 
     subsection (a), and each such report shall include 
     recommendations for the best manner to incorporate voluntary 
     community-based flood insurance options into the national 
     flood insurance program and for a strategy to implement such 
     options that would

[[Page 19880]]

     encourage communities to undertake flood mitigation 
     activities.

     SEC. 3030. REPORT ON INCLUSION OF BUILDING CODES IN 
                   FLOODPLAIN MANAGEMENT CRITERIA.

       Not later than the expiration of the 6-month period 
     beginning on the date of the enactment of this Act, the 
     Administrator of the Federal Emergency Management Agency 
     shall conduct a study and submit a report to the Committee on 
     Financial Services of the House of Representatives and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate regarding the impact, effectiveness, and feasibility 
     of amending section 1361 of the National Flood Insurance Act 
     of 1968 (42 U.S.C. 4102) to include widely used and 
     nationally recognized building codes as part of the 
     floodplain management criteria developed under such section, 
     and shall determine--
       (1) the regulatory, financial, and economic impacts of such 
     a building code requirement on homeowners, States and local 
     communities, local land use policies, and the Federal 
     Emergency Management Agency;
       (2) the resources required of State and local communities 
     to administer and enforce such a building code requirement;
       (3) the effectiveness of such a building code requirement 
     in reducing flood-related damage to buildings and contents;
       (4) the impact of such a building code requirement on the 
     actuarial soundness of the National Flood Insurance Program;
       (5) the effectiveness of nationally recognized codes in 
     allowing innovative materials and systems for flood-resistant 
     construction;
       (6) the feasibility and effectiveness of providing an 
     incentive in lower premium rates for flood insurance coverage 
     under such Act for structures meeting whichever of such 
     widely used and nationally recognized building code or any 
     applicable local building code provides greater protection 
     from flood damage;
       (7) the impact of such a building code requirement on rural 
     communities with different building code challenges than more 
     urban environments; and
       (8) the impact of such a building code requirement on 
     Indian reservations.

     SEC. 3031. STUDY ON GRADUATED RISK.

       (a) Study.--The National Academy of Sciences shall conduct 
     a study exploring methods for understanding graduated risk 
     behind levees and the associated land development, insurance, 
     and risk communication dimensions, which shall--
       (1) research, review, and recommend current best practices 
     for estimating direct annualized flood losses behind levees 
     for residential and commercial structures;
       (2) rank such practices based on their best value, 
     balancing cost, scientific integrity, and the inherent 
     uncertainties associated with all aspects of the loss 
     estimate, including geotechnical engineering, flood frequency 
     estimates, economic value, and direct damages;
       (3) research, review, and identify current best floodplain 
     management and land use practices behind levees that 
     effectively balance social, economic, and environmental 
     considerations as part of an overall flood risk management 
     strategy;
       (4) identify examples where such practices have proven 
     effective and recommend methods and processes by which they 
     could be applied more broadly across the United States, given 
     the variety of different flood risks, State and local legal 
     frameworks, and evolving judicial opinions;
       (5) research, review, and identify a variety of flood 
     insurance pricing options for flood hazards behind levees 
     which are actuarially sound and based on the flood risk data 
     developed using the top three best value approaches 
     identified pursuant to paragraph (1);
       (6) evaluate and recommend methods to reduce insurance 
     costs through creative arrangements between insureds and 
     insurers while keeping a clear accounting of how much 
     financial risk is being borne by various parties such that 
     the entire risk is accounted for, including establishment of 
     explicit limits on disaster aid or other assistance in the 
     event of a flood; and
       (7) taking into consideration the recommendations pursuant 
     to paragraphs (1) through (3), recommend approaches to 
     communicating the associated risks to community officials, 
     homeowners, and other residents.
       (b) Report.--Not later than the expiration of the 12-month 
     period beginning on the date of the enactment of this Act, 
     the National Academy of Sciences shall submit a report to the 
     Committees on Financial Services and Science, Space, and 
     Technology of the House of Representatives and the Committees 
     on Banking, Housing, and Urban Affairs and Commerce, Science 
     and Transportation of the Senate on the study under 
     subsection (a) including the information and recommendations 
     required under such subsection.

     SEC. 3032. REPORT ON FLOOD-IN-PROGRESS DETERMINATION.

       The Administrator of the Federal Emergency Management 
     Agency shall review the processes and procedures for 
     determining that a flood event has commenced or is in 
     progress for purposes of flood insurance coverage made 
     available under the national flood insurance program under 
     the National Flood Insurance Act of 1968 and for providing 
     public notification that such an event has commenced or is in 
     progress. In such review, the Administrator shall take into 
     consideration the effects and implications that weather 
     conditions, such as rainfall, snowfall, projected snowmelt, 
     existing water levels, and other conditions have on the 
     determination that a flood event has commenced or is in 
     progress. Not later than the expiration of the 6-month period 
     beginning upon the date of the enactment of this Act, the 
     Administrator shall submit a report to the Congress setting 
     forth the results and conclusions of the review undertaken 
     pursuant to this section and any actions undertaken or 
     proposed actions to be taken to provide for a more precise 
     and technical determination that a flooding event has 
     commenced or is in progress.

     SEC. 3033. STUDY ON REPAYING FLOOD INSURANCE DEBT.

       Not later than the expiration of the 6-month period 
     beginning on the date of the enactment of this Act, the 
     Administrator of the Federal Emergency Management Agency 
     shall submit a report to the Congress setting forth a plan 
     for repaying within 10 years all amounts, including any 
     amounts previously borrowed but not yet repaid, owed pursuant 
     to clause (2) of subsection (a) of section 1309 of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)(2)).

     SEC. 3034. NO CAUSE OF ACTION.

       No cause of action shall exist and no claim may be brought 
     against the United States for violation of any notification 
     requirement imposed upon the United States by this title or 
     any amendment made by this title.

     SEC. 3035. AUTHORITY FOR THE CORPS OF ENGINEERS TO PROVIDE 
                   SPECIALIZED OR TECHNICAL SERVICES.

       (a) In General.--Notwithstanding any other provision of 
     law, upon the request of a State or local government, the 
     Secretary of the Army may evaluate a levee system that was 
     designed or constructed by the Secretary for the purposes of 
     the National Flood Insurance Program established under 
     chapter 1 of the National Flood Insurance Act of 1968 (42 
     U.S.C. 4011 et seq.).
       (b) Requirements.--A levee system evaluation under 
     subsection (a) shall--
       (1) comply with applicable regulations related to areas 
     protected by a levee system;
       (2) be carried out in accordance with such procedures as 
     the Secretary, in consultation with the Administrator of the 
     Federal Emergency Management Agency, may establish; and
       (3) be carried out only if the State or local government 
     agrees to reimburse the Secretary for all cost associated 
     with the performance of the activities.

 TITLE IV--JUMPSTARTING OPPORTUNITY WITH BROADBAND SPECTRUM ACT OF 2011

     SEC. 4001. SHORT TITLE.

       This title may be cited as the ``Jumpstarting Opportunity 
     with Broadband Spectrum Act of 2011'' or the ``JOBS Act of 
     2011''.

     SEC. 4002. DEFINITIONS.

       In this title:
       (1) 700 mhz d block spectrum.--The term ``700 MHz D block 
     spectrum'' means the portion of the electromagnetic spectrum 
     between the frequencies from 758 megahertz to 763 megahertz 
     and between the frequencies from 788 megahertz to 793 
     megahertz.
       (2) 700 mhz public safety guard band spectrum.--The term 
     ``700 MHz public safety guard band spectrum'' means the 
     portion of the electromagnetic spectrum between the 
     frequencies from 768 megahertz to 769 megahertz and between 
     the frequencies from 798 megahertz to 799 megahertz.
       (3) 700 mhz public safety narrowband spectrum.--The term 
     ``700 MHz public safety narrowband spectrum'' means the 
     portion of the electromagnetic spectrum between the 
     frequencies from 769 megahertz to 775 megahertz and between 
     the frequencies from 799 megahertz to 805 megahertz.
       (4) Administrator.--The term ``Administrator'' means the 
     entity selected under section 4203(a) to serve as 
     Administrator of the National Public Safety Communications 
     Plan.
       (5) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Communications 
     and Information.
       (6) Board.--The term ``Board'' means the Public Safety 
     Communications Planning Board established under section 
     4202(a)(1).
       (7) Broadcast television licensee.--The term ``broadcast 
     television licensee'' means the licensee of--
       (A) a full-power television station; or
       (B) a low-power television station that has been accorded 
     primary status as a Class A television licensee under section 
     73.6001(a) of title 47, Code of Federal Regulations.
       (8) Broadcast television spectrum.--The term ``broadcast 
     television spectrum'' means the portions of the 
     electromagnetic spectrum between the frequencies from 54 
     megahertz to 72 megahertz, from 76 megahertz to 88 megahertz, 
     from 174 megahertz to 216 megahertz, and from 470 megahertz 
     to 698 megahertz.
       (9) Commercial mobile data service.--The term ``commercial 
     mobile data service'' means any mobile service (as defined in 
     section 3 of the Communications Act of 1934 (47 U.S.C. 153)) 
     that is--
       (A) a data service;
       (B) provided for profit; and
       (C) available to the public or such classes of eligible 
     users as to be effectively available to a substantial portion 
     of the public, as specified by regulation by the Commission.
       (10) Commercial mobile service.--The term ``commercial 
     mobile service'' has the meaning given such term in section 
     332 of the Communications Act of 1934 (47 U.S.C. 332).
       (11) Commercial standards.--The term ``commercial 
     standards'' means the technical standards followed by the 
     commercial mobile service and commercial mobile data service 
     industries for network, device, and Internet Protocol 
     connectivity. Such term includes standards

[[Page 19881]]

     developed by the Third Generation Partnership Project (3GPP), 
     the Institute of Electrical and Electronics Engineers (IEEE), 
     the Alliance for Telecommunications Industry Solutions 
     (ATIS), the Internet Engineering Task Force (IETF), and the 
     International Telecommunication Union (ITU).
       (12) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (13) Emergency call.--The term ``emergency call'' means any 
     real-time communication with a public safety answering point 
     or other emergency management or response agency, including--
       (A) through voice, text, or video and related data; and
       (B) nonhuman-initiated automatic event alerts, such as 
     alarms, telematics, or sensor data, which may also include 
     real-time voice, text, or video communications.
       (14) Forward auction.--The term ``forward auction'' means 
     the portion of an incentive auction of broadcast television 
     spectrum under section 4104(c).
       (15) Incentive auction.--The term ``incentive auction'' 
     means a system of competitive bidding under subparagraph (G) 
     of section 309(j)(8) of the Communications Act of 1934, as 
     added by section 4103.
       (16) Multichannel video programming distributor.--The term 
     ``multichannel video programming distributor'' has the 
     meaning given such term in section 602 of the Communications 
     Act of 1934 (47 U.S.C. 522).
       (17) National public safety communications plan.--The term 
     ``National Public Safety Communications Plan'' or ``Plan'' 
     means the plan adopted under section 4202(c).
       (18) Next generation 9-1-1 services.--The term ``Next 
     Generation 9-1-1 services'' means an IP-based system 
     comprised of hardware, software, data, and operational 
     policies and procedures that--
       (A) provides standardized interfaces from emergency call 
     and message services to support emergency communications;
       (B) processes all types of emergency calls, including 
     voice, text, data, and multimedia information;
       (C) acquires and integrates additional emergency call data 
     useful to call routing and handling;
       (D) delivers the emergency calls, messages, and data to the 
     appropriate public safety answering point and other 
     appropriate emergency entities;
       (E) supports data or video communications needs for 
     coordinated incident response and management; and
       (F) provides broadband service to public safety answering 
     points or other first responder entities.
       (19) NTIA.--The term ``NTIA'' means the National 
     Telecommunications and Information Administration.
       (20) Public safety answering point.--The term ``public 
     safety answering point'' has the meaning given such term in 
     section 222 of the Communications Act of 1934 (47 U.S.C. 
     222).
       (21) Public safety broadband spectrum.--The term ``public 
     safety broadband spectrum'' means the portion of the 
     electromagnetic spectrum between the frequencies from 763 
     megahertz to 768 megahertz and between the frequencies from 
     793 megahertz to 798 megahertz.
       (22) Public safety communications.--The term ``public 
     safety communications'' means communications by providers of 
     public safety services.
       (23) Public safety services.--The term ``public safety 
     services'' has the meaning given such term in section 337 of 
     the Communications Act of 1934 (47 U.S.C. 337).
       (24) Reverse auction.--The term ``reverse auction'' means 
     the portion of an incentive auction of broadcast television 
     spectrum under section 4104(a), in which a broadcast 
     television licensee may submit bids stating the amount it 
     would accept for voluntarily relinquishing some or all of its 
     broadcast television spectrum usage rights.
       (25) Spectrum licensed to the administrator.--The term 
     ``spectrum licensed to the Administrator'' means the portion 
     of the electromagnetic spectrum that the Administrator is 
     licensed to use under section 4201(a).
       (26) State.--The term ``State'' has the meaning given such 
     term in section 3 of the Communications Act of 1934 (47 
     U.S.C. 153).
       (27) State public safety broadband communications 
     network.--The term ``State public safety broadband 
     communications network'' means a broadband network for public 
     safety communications established by a State Public Safety 
     Broadband Office, in accordance with the National Public 
     Safety Communications Plan, using the spectrum licensed to 
     the Administrator.
       (28) State public safety broadband office.--The term 
     ``State Public Safety Broadband Office'' means an office 
     established or designated under section 4221(a).
       (29) Ultra high frequency.--The term ``ultra high 
     frequency'' means, with respect to a television channel, that 
     the channel is located in the portion of the electromagnetic 
     spectrum between the frequencies from 470 megahertz to 698 
     megahertz.
       (30) Very high frequency.--The term ``very high frequency'' 
     means, with respect to a television channel, that the channel 
     is located in the portion of the electromagnetic spectrum 
     between the frequencies from 54 megahertz to 72 megahertz, 
     from 76 megahertz to 88 megahertz, or from 174 megahertz to 
     216 megahertz.

     SEC. 4003. RULE OF CONSTRUCTION.

       Each range of frequencies described in this title shall be 
     construed to be inclusive of the upper and lower frequencies 
     in the range.

     SEC. 4004. ENFORCEMENT.

       (a) In General.--The Commission shall implement and enforce 
     this title as if this title is a part of the Communications 
     Act of 1934 (47 U.S.C. 151 et seq.). A violation of this 
     title, or a regulation promulgated under this title, shall be 
     considered to be a violation of the Communications Act of 
     1934, or a regulation promulgated under such Act, 
     respectively.
       (b) Exceptions.--
       (1) Other agencies.--Subsection (a) does not apply in the 
     case of a provision of this title that is expressly required 
     to be carried out by an agency (as defined in section 551 of 
     title 5, United States Code) other than the Commission.
       (2) NTIA regulations.--The Assistant Secretary may 
     promulgate such regulations as are necessary to implement and 
     enforce any provision of this title that is expressly 
     required to be carried out by the Assistant Secretary.

     SEC. 4005. NATIONAL SECURITY RESTRICTIONS ON USE OF FUNDS AND 
                   AUCTION PARTICIPATION.

       (a) Use of Funds.--No funds made available by section 4102 
     or subtitle B may be used to make payments under a contract 
     to a person described in subsection (c).
       (b) Auction Participation.--A person described in 
     subsection (c) may not participate in a system of competitive 
     bidding under section 309(j) of the Communications Act of 
     1934 (47 U.S.C. 309(j))--
       (1) that is required to be conducted by this title; or
       (2) in which any spectrum usage rights for which licenses 
     are being assigned were made available under clause (i) of 
     subparagraph (G) of paragraph (8) of such section, as added 
     by section 4103.
       (c) Person Described.--A person described in this 
     subsection is a person who has been, for reasons of national 
     security, barred by any agency of the Federal Government from 
     bidding on a contract, participating in an auction, or 
     receiving a grant.

                 Subtitle A--Spectrum Auction Authority

     SEC. 4101. DEADLINES FOR AUCTION OF CERTAIN SPECTRUM.

       (a) Clearing Certain Federal Spectrum.--
       (1) In general.--The President shall--
       (A) not later than 3 years after the date of the enactment 
     of this Act, begin the process of withdrawing or modifying 
     the assignment to a Federal Government station of the 
     electromagnetic spectrum described in paragraph (2); and
       (B) not later than 30 days after completing the withdrawal 
     or modification, notify the Commission that the withdrawal or 
     modification is complete.
       (2) Spectrum described.--The electromagnetic spectrum 
     described in this paragraph is the following:
       (A) The frequencies between 1755 megahertz and 1780 
     megahertz, except that if--
       (i) the Secretary of Commerce--

       (I) determines that such frequencies cannot be reallocated 
     for non-Federal use because incumbent Federal operations 
     cannot be eliminated, relocated to other spectrum, or 
     accommodated through other means;
       (II) identifies other spectrum for reallocation for non-
     Federal use that the Secretary of Commerce determines can 
     reasonably be expected to produce a comparable amount of net 
     auction proceeds; and
       (III) submits to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report that 
     identifies such spectrum and explains the determinations 
     under subclauses (I) and (II); and

       (ii) not later than 1 year after the date of the submission 
     of such report, there is enacted a law approving the 
     substitution of the spectrum identified under clause (i)(II) 
     for the frequencies between 1755 megahertz and 1780 
     megahertz;

     the spectrum described in this subparagraph shall be the 
     spectrum identified under such clause.
       (B) The 15 megahertz of spectrum between 1675 megahertz and 
     1710 megahertz identified under paragraph (3).
       (C) The frequencies between 3550 megahertz and 3650 
     megahertz, except for the geographic exclusion zones (as such 
     zones may be amended) identified in the report of the NTIA 
     published in October 2010 and entitled ``An Assessment of 
     Near-Term Viability of Accommodating Wireless Broadband 
     Systems in 1675-1710 MHz, 1755-1780 MHz, 3500-3650 MHz, and 
     4200-4220 MHz, 4380-4400 MHz Bands''.
       (3) Identification by secretary of commerce.--Not later 
     than 1 year after the date of the enactment of this Act, the 
     Secretary of Commerce shall submit to the President a report 
     identifying 15 megahertz of spectrum between 1675 megahertz 
     and 1710 megahertz for reallocation from Federal use to non-
     Federal use.
       (b) Reallocation and Auction.--
       (1) In general.--Notwithstanding paragraph (15)(A) of 
     section 309(j) of the Communications Act of 1934 (47 U.S.C. 
     309(j)), not later than 3 years after the date of the 
     enactment of this Act, the Commission shall, except as 
     provided in paragraph (4)--
       (A) allocate the spectrum described in paragraph (2) for 
     commercial use; and
       (B) through a system of competitive bidding under such 
     section, grant new initial licenses for the use of such 
     spectrum, subject to flexible-use service rules.
       (2) Spectrum described.--The spectrum described in this 
     paragraph is the following:
       (A) The frequencies between 1915 megahertz and 1920 
     megahertz, paired with the frequencies between 1995 megahertz 
     and 2000 megahertz.

[[Page 19882]]

       (B) The frequencies described in subsection (a)(2)(A).
       (C) The frequencies between 2155 megahertz and 2180 
     megahertz.
       (D) The 15 megahertz of spectrum identified under 
     subsection (a)(3), paired with 15 megahertz of contiguous 
     spectrum to be identified by the Commission.
       (E) The frequencies described in subsection (a)(2)(C).
       (3) Proceeds to cover 110 percent of federal relocation or 
     sharing costs.--Nothing in paragraph (1) shall be construed 
     to relieve the Commission from the requirements of section 
     309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 
     309(j)(16)(B)).
       (4) Determination by commission.--If the Commission 
     determines that either band of frequencies described in 
     paragraph (2)(A) cannot be used without causing harmful 
     interference to commercial mobile service licensees in the 
     frequencies between 1930 megahertz and 1995 megahertz, the 
     Commission may not--
       (A) allocate for commercial use under paragraph (1)(A) 
     either band described in paragraph (2)(A); or
       (B) grant licenses under paragraph (1)(B) for the use of 
     either band described in paragraph (2)(A).
       (c) Auction Proceeds.--Section 309(j)(8) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)(8)) is amended--
       (1) in subparagraph (A), by striking ``(D), and (E),'' and 
     inserting ``(D), (E), (F), and (G),'';
       (2) in subparagraph (C)(i), by striking ``subparagraph 
     (E)(ii)'' and inserting ``subparagraphs (D)(ii), (E)(ii), 
     (F), and (G)'';
       (3) in subparagraph (D)--
       (A) by striking the heading and inserting ``Proceeds from 
     reallocated federal spectrum'';
       (B) by striking ``Cash'' and inserting the following:
       ``(i) In general.--Except as provided in clause (ii), 
     cash''; and
       (C) by adding at the end the following:
       ``(ii) Certain other proceeds.--Notwithstanding 
     subparagraph (A) and except as provided in subparagraph (B), 
     in the case of proceeds (including deposits and upfront 
     payments from successful bidders) attributable to the auction 
     of eligible frequencies described in paragraph (2) of section 
     113(g) of the National Telecommunications and Information 
     Administration Organization Act that are required to be 
     auctioned by section 4101(b)(1)(B) of the Jumpstarting 
     Opportunity with Broadband Spectrum Act of 2011, such portion 
     of such proceeds as is necessary to cover the relocation or 
     sharing costs (as defined in paragraph (3) of such section 
     113(g)) of Federal entities relocated from such eligible 
     frequencies shall be deposited in the Spectrum Relocation 
     Fund. The remainder of such proceeds shall be deposited in 
     the Public Safety Trust Fund established by section 
     4241(a)(1) of the Jumpstarting Opportunity with Broadband 
     Spectrum Act of 2011.''; and
       (4) by adding at the end the following:
       ``(F) Certain proceeds designated for public safety trust 
     fund.--Notwithstanding subparagraph (A) and except as 
     provided in subparagraphs (B) and (D)(ii), the proceeds 
     (including deposits and upfront payments from successful 
     bidders) from the use of a system of competitive bidding 
     under this subsection pursuant to section 4101(b)(1)(B) of 
     the Jumpstarting Opportunity with Broadband Spectrum Act of 
     2011 shall be deposited in the Public Safety Trust Fund 
     established by section 4241(a)(1) of such Act.''.

     SEC. 4102. 700 MHZ PUBLIC SAFETY NARROWBAND SPECTRUM AND 
                   GUARD BAND SPECTRUM.

       (a) Reallocation and Auction.--
       (1) In general.--On the date that is 5 years after a 
     certification by the Administrator to the Commission of the 
     availability of standards for public safety voice over 
     broadband, the Commission shall, notwithstanding paragraph 
     (15)(A) of section 309(j) of the Communications Act of 1934 
     (47 U.S.C. 309(j))--
       (A) reallocate the 700 MHz public safety narrowband 
     spectrum and the 700 MHz public safety guard band spectrum 
     for commercial use; and
       (B) begin a system of competitive bidding under such 
     section to grant new initial licenses for the use of such 
     spectrum.
       (2) Auction proceeds.--Notwithstanding subparagraphs (A) 
     and (C)(i) of paragraph (8) of such section, not more than 
     $1,000,000,000 of the proceeds (including deposits and 
     upfront payments from successful bidders) from the use of a 
     system of competitive bidding pursuant to paragraph (1)(B) 
     shall be available to the Assistant Secretary to carry out 
     subsection (b) and shall remain available until expended.
       (b) Grants for Public Safety Radio Equipment.--
       (1) In general.--From amounts made available under 
     subsection (a)(2), the Assistant Secretary shall make grants 
     to States for the acquisition of public safety radio 
     equipment.
       (2) Application.--The Assistant Secretary may only make a 
     grant under this subsection to a State that submits an 
     application at such time, in such form, and containing such 
     information and assurances as the Assistant Secretary may 
     require.
       (3) Quarterly reports.--
       (A) From grantees to ntia.--A State receiving grant funds 
     under this subsection shall, not later than 3 months after 
     receiving such funds and not less frequently than quarterly 
     thereafter until the date that is 1 year after all such funds 
     have been expended, submit to the Assistant Secretary a 
     report on the use of grant funds by such State.
       (B) From ntia to congress.--Not later than 6 months after 
     making the first grant under this subsection and not less 
     frequently than quarterly thereafter until the date that is 
     18 months after all such funds have been expended by the 
     grantees, the Assistant Secretary shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives a report that--
       (i) summarizes the reports submitted by grantees under 
     subparagraph (A); and
       (ii) describes and evaluates the use of grant funds 
     disbursed under this subsection.
       (c) Conforming Amendments.--Section 337(a) of the 
     Communications Act of 1934 (47 U.S.C. 337(a)) is amended--
       (1) in the matter preceding paragraph (1)--
       (A) by striking ``Not later than January 1, 1998, the'' and 
     inserting ``The''; and
       (B) by inserting ``for either public safety services or 
     commercial use,'' after ``inclusive,'';
       (2) in paragraph (1)--
       (A) by striking ``24 megahertz'' and inserting ``Not more 
     than 34 megahertz''; and
       (B) by striking ``, in consultation with the Secretary of 
     Commerce and the Attorney General; and'' and inserting a 
     period; and
       (3) in paragraph (2), by striking ``36 megahertz'' and 
     inserting ``Not more than 40 megahertz''.

     SEC. 4103. GENERAL AUTHORITY FOR INCENTIVE AUCTIONS.

       Section 309(j)(8) of the Communications Act of 1934, as 
     amended by section 4101(c), is further amended by adding at 
     the end the following:
       ``(G) Incentive auctions.--
       ``(i) In general.--Notwithstanding subparagraph (A) and 
     except as provided in subparagraph (B), the Commission may 
     encourage a licensee to relinquish voluntarily some or all of 
     its licensed spectrum usage rights in order to permit the 
     assignment of new initial licenses subject to flexible-use 
     service rules by sharing with such licensee a portion, based 
     on the value of the relinquished rights as determined in the 
     reverse auction required by clause (ii)(I), of the proceeds 
     (including deposits and upfront payments from successful 
     bidders) from the use of a competitive bidding system under 
     this subsection.
       ``(ii) Limitations.--The Commission may not enter into an 
     agreement for a licensee to relinquish spectrum usage rights 
     in exchange for a share of auction proceeds under clause (i) 
     unless--

       ``(I) the Commission conducts a reverse auction to 
     determine the amount of compensation that licensees would 
     accept in return for voluntarily relinquishing spectrum usage 
     rights; and
       ``(II) at least two competing licensees participate in the 
     reverse auction.

       ``(iii) Treatment of revenues.--Notwithstanding 
     subparagraph (A) and except as provided in subparagraph (B), 
     the proceeds (including deposits and upfront payments from 
     successful bidders) from any auction, prior to the end of 
     fiscal year 2021, of spectrum usage rights made available 
     under clause (i) that are not shared with licensees under 
     such clause shall be deposited as follows:

       ``(I) $3,000,000,000 of the proceeds from the incentive 
     auction of broadcast television spectrum required by section 
     4104 of the Jumpstarting Opportunity with Broadband Spectrum 
     Act of 2011 shall be deposited in the TV Broadcaster 
     Relocation Fund established by subsection (d)(1) of such 
     section.
       ``(II) All other proceeds shall be deposited--

       ``(aa) prior to the end of fiscal year 2021, in the Public 
     Safety Trust Fund established by section 4241(a)(1) of such 
     Act; and
       ``(bb) after the end of fiscal year 2021, in the general 
     fund of the Treasury, where such proceeds shall be dedicated 
     for the sole purpose of deficit reduction.
       ``(iv) Congressional notification.--At least 3 months 
     before any incentive auction conducted under this 
     subparagraph, the Chairman of the Commission, in consultation 
     with the Director of the Office of Management and Budget, 
     shall notify the appropriate committees of Congress of the 
     methodology for calculating the amounts that will be shared 
     with licensees under clause (i).
       ``(v) Definition.--In this subparagraph, the term 
     `appropriate committees of Congress' means--

       ``(I) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       ``(II) the Committee on Appropriations of the Senate;
       ``(III) the Committee on Energy and Commerce of the House 
     of Representatives; and
       ``(IV) the Committee on Appropriations of the House of 
     Representatives.''.

     SEC. 4104. SPECIAL REQUIREMENTS FOR INCENTIVE AUCTION OF 
                   BROADCAST TV SPECTRUM.

       (a) Reverse Auction To Identify Incentive Amount.--
       (1) In general.--The Commission shall conduct a reverse 
     auction to determine the amount of compensation that each 
     broadcast television licensee would accept in return for 
     voluntarily relinquishing some or all of its broadcast 
     television spectrum usage rights in order to make spectrum 
     available for assignment through a system of competitive 
     bidding under subparagraph (G) of section 309(j)(8) of the 
     Communications Act of 1934, as added by section 4103.
       (2) Eligible relinquishments.--A relinquishment of usage 
     rights for purposes of paragraph (1) shall include the 
     following:

[[Page 19883]]

       (A) Relinquishing all usage rights with respect to a 
     particular television channel without receiving in return any 
     usage rights with respect to another television channel.
       (B) Relinquishing all usage rights with respect to an ultra 
     high frequency television channel in return for receiving 
     usage rights with respect to a very high frequency television 
     channel.
       (C) Relinquishing usage rights in order to share a 
     television channel with another licensee.
       (3) Confidentiality.--The Commission shall take all 
     reasonable steps necessary to protect the confidentiality of 
     Commission-held data of a licensee participating in the 
     reverse auction under paragraph (1), including withholding 
     the identity of such licensee until the reassignments and 
     reallocations (if any) under subsection (b)(1)(B) become 
     effective, as described in subsection (f)(2).
       (4) Protection of carriage rights of licensees sharing a 
     channel.--A broadcast television station that voluntarily 
     relinquishes spectrum usage rights under this subsection in 
     order to share a television channel and that possessed 
     carriage rights under section 338, 614, or 615 of the 
     Communications Act of 1934 (47 U.S.C. 338; 534; 535) on 
     November 30, 2010, shall have, at its shared location, the 
     carriage rights under such section that would apply to such 
     station at such location if it were not sharing a channel.
       (b) Reorganization of Broadcast TV Spectrum.--
       (1) In general.--For purposes of making available spectrum 
     to carry out the forward auction under subsection (c)(1), the 
     Commission--
       (A) shall evaluate the broadcast television spectrum 
     (including spectrum made available through the reverse 
     auction under subsection (a)(1)); and
       (B) may, subject to international coordination along the 
     border with Mexico and Canada--
       (i) make such reassignments of television channels as the 
     Commission considers appropriate; and
       (ii) reallocate such portions of such spectrum as the 
     Commission determines are available for reallocation.
       (2) Factors for consideration.--In making any reassignments 
     or reallocations under paragraph (1)(B), the Commission shall 
     make all reasonable efforts to preserve, as of the date of 
     the enactment of this Act, the coverage area and population 
     served of each broadcast television licensee, as determined 
     using the methodology described in OET Bulletin 69 of the 
     Office of Engineering and Technology of the Commission.
       (3) No involuntary relocation from uhf to vhf.--In making 
     any reassignments under paragraph (1)(B)(i), the Commission 
     may not involuntarily reassign a broadcast television 
     licensee--
       (A) from an ultra high frequency television channel to a 
     very high frequency television channel; or
       (B) from a television channel between the frequencies from 
     174 megahertz to 216 megahertz to a television channel 
     between the frequencies from 54 megahertz to 88 megahertz.
       (4) Payment of relocation costs.--
       (A) In general.--Except as provided in subparagraph (B), 
     from amounts made available under subsection (d)(2), the 
     Commission shall reimburse costs reasonably incurred by--
       (i) a broadcast television licensee that was reassigned 
     under paragraph (1)(B)(i) from one ultra high frequency 
     television channel to a different ultra high frequency 
     television channel, from one very high frequency television 
     channel to a different very high frequency television 
     channel, or, in accordance with subsection (g)(1)(B), from a 
     very high frequency television channel to an ultra high 
     frequency television channel, in order for the licensee to 
     relocate its television service from one channel to the 
     other; or
       (ii) a multichannel video programming distributor in order 
     to continue to carry the signal of a broadcast television 
     licensee that--

       (I) is described in clause (i);
       (II) voluntarily relinquishes spectrum usage rights under 
     subsection (a) with respect to an ultra high frequency 
     television channel in return for receiving usage rights with 
     respect to a very high frequency television channel; or
       (III) voluntarily relinquishes spectrum usage rights under 
     subsection (a) to share a television channel with another 
     licensee.

       (B) Regulatory relief.--In lieu of reimbursement for 
     relocation costs under subparagraph (A), a broadcast 
     television licensee may accept, and the Commission may grant 
     as it considers appropriate, a waiver of the service rules of 
     the Commission to permit the licensee, subject to 
     interference protections, to make flexible use of the 
     spectrum assigned to the licensee to provide services other 
     than broadcast television services. Such waiver shall only 
     remain in effect while the licensee provides at least 1 
     broadcast television program stream on such spectrum at no 
     charge to the public.
       (C) Limitation.--The Commission may not make reimbursements 
     under subparagraph (A) for lost revenues.
       (D) Deadline.--The Commission shall make all reimbursements 
     required by subparagraph (A) not later than the date that is 
     3 years after the completion of the forward auction under 
     subsection (c)(1).
       (5) Low-power television usage rights.--Nothing in this 
     subsection shall be construed to alter the spectrum usage 
     rights of low-power television stations.
       (c) Forward Auction.--
       (1) Auction required.--The Commission shall conduct a 
     forward auction in which--
       (A) the Commission assigns licenses for the use of the 
     spectrum that the Commission reallocates under subsection 
     (b)(1)(B)(ii); and
       (B) the amount of the proceeds that the Commission shares 
     under clause (i) of section 309(j)(8)(G) of the 
     Communications Act of 1934 with each licensee whose bid the 
     Commission accepts in the reverse auction under subsection 
     (a)(1) is not less than the amount of such bid.
       (2) Minimum proceeds.--
       (A) In general.--If the amount of the proceeds from the 
     forward auction under paragraph (1) is not greater than the 
     sum described in subparagraph (B), no licenses shall be 
     assigned through such forward auction, no reassignments or 
     reallocations under subsection (b)(1)(B) shall become 
     effective, and the Commission may not revoke any spectrum 
     usage rights by reason of a bid that the Commission accepts 
     in the reverse auction under subsection (a)(1).
       (B) Sum described.--The sum described in this subparagraph 
     is the sum of--
       (i) the total amount of compensation that the Commission 
     must pay successful bidders in the reverse auction under 
     subsection (a)(1);
       (ii) the costs of conducting such forward auction that the 
     salaries and expenses account of the Commission is required 
     to retain under section 309(j)(8)(B) of the Communications 
     Act of 1934 (47 U.S.C. 309(j)(8)(B)); and
       (iii) the estimated costs for which the Commission is 
     required to make reimbursements under subsection (b)(4)(A).
       (C) Administrative costs.--The amount of the proceeds from 
     the forward auction under paragraph (1) that the salaries and 
     expenses account of the Commission is required to retain 
     under section 309(j)(8)(B) of the Communications Act of 1934 
     (47 U.S.C. 309(j)(8)(B)) shall be sufficient to cover the 
     costs incurred by the Commission in conducting the reverse 
     auction under subsection (a)(1), conducting the evaluation of 
     the broadcast television spectrum under subparagraph (A) of 
     subsection (b)(1), and making any reassignments or 
     reallocations under subparagraph (B) of such subsection, in 
     addition to the costs incurred by the Commission in 
     conducting such forward auction.
       (3) Factor for consideration.--In conducting the forward 
     auction under paragraph (1), the Commission shall consider 
     assigning licenses that cover geographic areas of a variety 
     of different sizes.
       (d) TV Broadcaster Relocation Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the TV Broadcaster 
     Relocation Fund.
       (2) Payment of relocation costs.--Any amounts borrowed 
     under paragraph (3)(A) and any amounts in the TV Broadcaster 
     Relocation Fund that are not necessary for reimbursement of 
     the general fund of the Treasury for such borrowed amounts 
     shall be available to the Commission to make the payments 
     required by subsection (b)(4)(A).
       (3) Borrowing authority.--
       (A) In general.--Beginning on the date when any 
     reassignments or reallocations under subsection (b)(1)(B) 
     become effective, as provided in subsection (f)(2), and 
     ending when $1,000,000,000 has been deposited in the TV 
     Broadcaster Relocation Fund, the Commission may borrow from 
     the Treasury of the United States an amount not to exceed 
     $1,000,000,000 to use toward the payments required by 
     subsection (b)(4)(A).
       (B) Reimbursement.--The Commission shall reimburse the 
     general fund of the Treasury, without interest, for any 
     amounts borrowed under subparagraph (A) as funds are 
     deposited into the TV Broadcaster Relocation Fund.
       (4) Transfer of unused funds.--If any amounts remain in the 
     TV Broadcaster Relocation Fund after the date that is 3 years 
     after the completion of the forward auction under subsection 
     (c)(1), the Secretary of the Treasury shall--
       (A) prior to the end of fiscal year 2021, transfer such 
     amounts to the Public Safety Trust Fund established by 
     section 4241(a)(1); and
       (B) after the end of fiscal year 2021, transfer such 
     amounts to the general fund of the Treasury, where such 
     amounts shall be dedicated for the sole purpose of deficit 
     reduction.
       (e) Numerical Limitation on Auctions and Reorganization.--
     The Commission may not complete more than one reverse auction 
     under subsection (a)(1) or more than one reorganization of 
     the broadcast television spectrum under subsection (b).
       (f) Timing.--
       (1) Contemporaneous auctions and reorganization 
     permitted.--The Commission may conduct the reverse auction 
     under subsection (a)(1), any reassignments or reallocations 
     under subsection (b)(1)(B), and the forward auction under 
     subsection (c)(1) on a contemporaneous basis.
       (2) Effectiveness of reassignments and reallocations.--
     Notwithstanding paragraph (1), no reassignments or 
     reallocations under subsection (b)(1)(B) shall become 
     effective until the completion of the reverse auction under 
     subsection (a)(1) and the forward auction under subsection 
     (c)(1), and, to the extent practicable, all such 
     reassignments and reallocations shall become effective 
     simultaneously.
       (3) Deadline.--The Commission may not conduct the reverse 
     auction under subsection (a)(1) or the forward auction under 
     subsection (c)(1) after the end of fiscal year 2021.
       (4) Limit on discretion regarding auction timing.--Section 
     309(j)(15)(A) of the Communications Act of 1934 (47 U.S.C. 
     309(j)(15)(A)) shall not apply in the case of an auction 
     conducted under this section.

[[Page 19884]]

       (g) Limitation on Reorganization Authority.--
       (1) In general.--During the period described in paragraph 
     (2), the Commission may not--
       (A) involuntarily modify the spectrum usage rights of a 
     broadcast television licensee or reassign such a licensee to 
     another television channel except--
       (i) in accordance with this section; or
       (ii) in the case of a violation by such licensee of the 
     terms of its license or a specific provision of a statute 
     administered by the Commission, or a regulation of the 
     Commission promulgated under any such provision; or
       (B) reassign a broadcast television licensee from a very 
     high frequency television channel to an ultra high frequency 
     television channel, unless such a reassignment will not 
     decrease the total amount of ultra high frequency spectrum 
     made available for reallocation under this section.
       (2) Period described.--The period described in this 
     paragraph is the period beginning on the date of the 
     enactment of this Act and ending on the earliest of--
       (A) the first date when the reverse auction under 
     subsection (a)(1), the reassignments and reallocations (if 
     any) under subsection (b)(1)(B), and the forward auction 
     under subsection (c)(1) have been completed;
       (B) the date of a determination by the Commission that the 
     amount of the proceeds from the forward auction under 
     subsection (c)(1) is not greater than the sum described in 
     subsection (c)(2)(B); or
       (C) September 30, 2021.
       (h) Protest Right Inapplicable.--The right of a licensee to 
     protest a proposed order of modification of its license under 
     section 316 of the Communications Act of 1934 (47 U.S.C. 316) 
     shall not apply in the case of a modification made under this 
     section.
       (i) Commission Authority.--Nothing in subsection (b) shall 
     be construed to--
       (1) expand or contract the authority of the Commission, 
     except as otherwise expressly provided; or
       (2) prevent the implementation of the Commission's ``White 
     Spaces'' Second Report and Order and Memorandum Opinion and 
     Order (FCC 08-260, adopted November 4, 2008) in the spectrum 
     that remains allocated for broadcast television use after the 
     reorganization required by such subsection.

     SEC. 4105. ADMINISTRATION OF AUCTIONS BY COMMISSION.

       Section 309(j) of the Communications Act of 1934 (47 U.S.C. 
     309(j)) is amended by adding at the end the following new 
     paragraphs:
       ``(17) Certain conditions on auction participation 
     prohibited.--Notwithstanding any other provision of law, the 
     Commission may not prevent a person from participating in a 
     system of competitive bidding under this subsection if such 
     person--
       ``(A) meets the technical, financial, and character 
     qualifications required by sections 303(l)(1), 308(b), and 
     310 to hold a license; or
       ``(B) could meet such qualifications prior to the grant of 
     the license.
       ``(18) Certain licensing conditions prohibited.--In 
     assigning licenses through a system of competitive bidding 
     under this subsection, the Commission may not impose any 
     condition on the licenses assigned through such system that--
       ``(A) limits the ability of a licensee to manage the use of 
     its network, including management of the use of applications, 
     services, or devices on its network, or to prioritize the 
     traffic on its network as it chooses; or
       ``(B) requires a licensee to sell access to its network on 
     a wholesale basis.''.

     SEC. 4106. EXTENSION OF AUCTION AUTHORITY.

       Section 309(j)(11) of the Communications Act of 1934 (47 
     U.S.C. 309(j)(11)) is amended by striking ``2012'' and 
     inserting ``2021''.

     SEC. 4107. UNLICENSED USE IN THE 5 GHZ BAND.

       (a) Modification of Commission Regulations To Allow Certain 
     Unlicensed Use.--
       (1) In general.--Subject to paragraph (2), not later than 1 
     year after the date of the enactment of this Act, the 
     Commission shall begin a proceeding to modify part 15 of 
     title 47, Code of Federal Regulations, to allow unlicensed U-
     NII devices to operate in the 5350-5470 MHz band.
       (2) Required determinations.--The Commission may make the 
     modification described in paragraph (1) only if the 
     Commission determines that--
       (A) licensed users will be protected by technical 
     solutions, including use of existing, modified, or new 
     spectrum-sharing technologies and solutions, such as dynamic 
     frequency selection; and
       (B) the primary mission of Federal spectrum users in the 
     5350-5470 MHz band will not be compromised by the 
     introduction of unlicensed devices.
       (b) Study by NTIA.--
       (1) In general.--The Assistant Secretary, in consultation 
     with the Commission, shall conduct a study evaluating known 
     and proposed spectrum-sharing technologies and the risk to 
     Federal users if unlicensed U-NII devices were allowed to 
     operate in the 5350-5470 MHz band.
       (2) Submission.--Not later than 8 months after the date of 
     the enactment of this Act, the Assistant Secretary shall 
     submit the study required by paragraph (1) to--
       (A) the Commission; and
       (B) the Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.
       (c) 5350-5470 MHz Band Defined.--In this section, the term 
     ``5350-5470 MHz band'' means the portion of the 
     electromagnetic spectrum between the frequencies from 5350 
     megahertz to 5470 megahertz.

           Subtitle B--Advanced Public Safety Communications

                    PART 1--NATIONAL IMPLEMENTATION

     SEC. 4201. LICENSING OF SPECTRUM TO ADMINISTRATOR.

       (a) In General.--Not later than 60 days after the initial 
     selection under section 4203(a) of an entity to serve as 
     Administrator, the Commission shall assign to the 
     Administrator a license for the exclusive use of the public 
     safety broadband spectrum and the 700 MHz D block spectrum.
       (b) Term of License and License Conditions.--
       (1) Initial license.--The initial license assigned under 
     subsection (a) shall be for a term of 10 years.
       (2) Renewal of license.--Prior to the expiration of the 
     term of the initial license assigned under subsection (a) or 
     the expiration of any renewal of such license, if the 
     Administrator wishes to continue serving as Administrator 
     after the license expires, the Administrator shall submit to 
     the Commission an application for the renewal of such license 
     in accordance with the Communications Act of 1934 (47 U.S.C. 
     151 et seq.) and any applicable Commission regulations. Such 
     renewal application shall demonstrate that, during the term 
     of the license that the Administrator is seeking to renew, 
     the Administrator has fulfilled its duties and obligations 
     under this title and the Communications Act of 1934 and has 
     complied with all applicable Commission regulations. A 
     renewal of the initial license granted under subsection (a) 
     or any renewal of such license shall be for a term not to 
     exceed 10 years.
       (3) Use of spectrum.--Except as provided in section 
     4221(d), the license assigned under subsection (a) and any 
     renewal of such license shall prohibit the Administrator from 
     using the public safety broadband spectrum or the 700 MHz D 
     block spectrum for any purpose other than authorizing the 
     operation of State public safety broadband communications 
     networks in accordance with the National Public Safety 
     Communications Plan.
       (4) Limitation on license conditions.--The Commission may 
     not place any conditions on the license assigned under 
     subsection (a) or any renewal of such license or, with 
     respect to the spectrum governed by such license, otherwise 
     prohibit any action of the Administrator, a State Public 
     Safety Broadband Office, or an entity with which such an 
     Office has entered into a contract under section 
     4221(b)(1)(D), except as necessary to--
       (A) protect other users from harmful interference;
       (B) ensure that such spectrum is used in accordance with 
     the National Public Safety Communications Plan; or
       (C) enforce a provision of this title or the Communications 
     Act of 1934 (47 U.S.C. 151 et seq.) that governs the use of 
     such spectrum.
       (5) License conditioned on service as administrator.--If an 
     entity ceases to serve as Administrator, the Commission 
     shall, as soon as practicable after the Assistant Secretary 
     selects a different entity to serve as Administrator under 
     section 4203(a)(2), transfer to such different entity the 
     license assigned under subsection (a) or any renewal of such 
     license.
       (c) Elimination of D Block Auction Requirement.--
     Notwithstanding section 309(j)(15)(C)(v) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)(15)(C)(v)), the 
     Commission may not assign a license for the use of the 700 
     MHz D block spectrum except under subsection (a).
       (d) Definition of Public Safety Services.--Section 
     337(f)(1) of the Communications Act of 1934 (47 U.S.C. 
     337(f)(1)) is amended--
       (1) in subparagraph (A), by striking ``to protect the 
     safety of life, health, or property'' and inserting ``to 
     provide law enforcement, fire and rescue response, or 
     emergency medical assistance (including such assistance 
     provided by ambulance services, hospitals, and urgent care 
     facilities)''; and
       (2) in subparagraph (B)--
       (A) in clause (i), by inserting ``or tribal organizations 
     (as defined in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b))'' before the 
     semicolon; and
       (B) in clause (ii), by inserting ``or a tribal 
     organization'' after ``a governmental entity''.
       (e) Conforming Amendments.--Section 337(d)(3) of the 
     Communications Act of 1934 (47 U.S.C. 337(d)(3)) is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``public safety services licensees and commercial 
     licensees'';
       (2) in subparagraph (A), by inserting ``public safety 
     services licensees and commercial licensees'' before ``to 
     aggregate''; and
       (3) in subparagraph (B), by inserting ``commercial 
     licensees'' before ``to disaggregate''.

     SEC. 4202. NATIONAL PUBLIC SAFETY COMMUNICATIONS PLAN.

       (a) Establishment of Public Safety Communications Planning 
     Board.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Commission shall establish a 
     board to be known as the Public Safety Communications 
     Planning Board.
       (2) Membership.--The membership of the Board shall be as 
     follows:
       (A) Federal members.--
       (i) In general.--Four Federal members as follows:

[[Page 19885]]

       (I) The Chairman of the Commission, or a designee.
       (II) The Assistant Secretary, or a designee.
       (III) The Director of the Office of Emergency 
     Communications in the Department of Homeland Security, or a 
     designee.
       (IV) The Director of the National Institute of Standards 
     and Technology, or a designee.

       (ii) Designees.--If a Federal official designates a 
     designee under clause (i), such designee shall be an officer 
     or employee of the agency of the official who is subordinate 
     to the official, except that the Chairman of the Commission 
     may designate another Commissioner of the Commission or an 
     officer or employee of the Commission.
       (B) Non-federal members.--Nine non-Federal members as 
     follows:
       (i) Two members who represent providers of commercial 
     mobile data service, with one representing providers that 
     have nationwide coverage areas and one representing providers 
     that have regional coverage areas.
       (ii) Two members who represent manufacturers of mobile 
     wireless network equipment.
       (iii) Five members who represent the interests of State and 
     local governments, chosen to reflect geographic and 
     population density differences across the United States, as 
     follows:

       (I) Two members who represent the public safety interests 
     of the States.
       (II) One member who represents State and local public 
     safety employees.
       (III) Two members who represent other interests of State 
     and local governments, to be determined by the Chairman of 
     the Commission.

       (3) Selection of non-federal members.--
       (A) Nomination.--For each non-Federal member of the Board, 
     the group that is represented by such member shall, by 
     consensus, nominate an individual to serve as such member and 
     submit the name of the nominee to the Chairman of the 
     Commission.
       (B) Appointment.--The Chairman of the Commission shall 
     appoint the non-Federal members of the Board from the 
     nominations submitted under subparagraph (A). If a group 
     fails to reach consensus on a nominee or to submit a 
     nomination for a member that represents such group, or if the 
     nominee is not qualified under subparagraph (C), the Chairman 
     shall select a member to represent such group.
       (C) Qualifications.--Each non-Federal member appointed 
     under subparagraph (B) shall meet at least 1 of the following 
     criteria:
       (i) Public safety experience.--Knowledge of and experience 
     in Federal, State, local, or tribal public safety or 
     emergency response.
       (ii) Technical expertise.--Technical expertise regarding 
     broadband communications, including public safety 
     communications.
       (iii) Network expertise.--Expertise in building, deploying, 
     and operating commercial telecommunications networks.
       (iv) Financial expertise.--Expertise in financing and 
     funding telecommunications networks.
       (4) Terms of appointment.--
       (A) Length.--
       (i) Federal members.--The term of office of each Federal 
     member of the Board shall be 3 years, except that such term 
     shall end when such member no longer holds the Federal office 
     by reason of which such member is a member of the Board (or, 
     in the case of a designee, the Federal official who 
     designated such designee no longer holds the office by reason 
     of which such designation was made or the designee is no 
     longer an officer, employee, or Commissioner as described in 
     paragraph (2)(A)(ii)).
       (ii) Non-federal members.--The term of office of each non-
     Federal member of the Board shall be 3 years.
       (B) Staggered terms.--With respect to the initial non-
     Federal members of the Board--
       (i) three members shall serve for a term of 3 years;
       (ii) three members shall serve for a term of 2 years; and
       (iii) three members shall serve for a term of 1 year.
       (C) Vacancies.--
       (i) Effect of vacancies.--A vacancy in the membership of 
     the Board shall not affect the Board's powers, subject to 
     paragraph (8), and shall be filled in the same manner as the 
     original member was appointed.
       (ii) Appointment to fill vacancy.--A member of the Board 
     appointed to fill a vacancy occurring prior to the expiration 
     of the term for which that member's predecessor was appointed 
     shall be appointed for the remainder of the predecessor's 
     term.
       (iii) Expiration of term.--A non-Federal member of the 
     Board whose term has expired may serve until such member's 
     successor has taken office, or until the end of the calendar 
     year in which such member's term has expired, whichever is 
     earlier.
       (5) Chair.--
       (A) Selection.--The Chair of the Board shall be selected by 
     the Board from among the members of the Board.
       (B) Term.--The term of office of the Chair of the Board 
     shall run from the date when the Chair is selected until the 
     date when the term of the Chair as a member of the Board 
     expires.
       (6) Removal of chair and non-federal members.--
       (A) By board.--The members of the Board may, by majority 
     vote--
       (i) remove the Chair of the Board from the position of 
     Chair for conduct determined to be detrimental to the Board; 
     or
       (ii) remove from the Board any non-Federal member of the 
     Board for conduct determined to be detrimental to the Board.
       (B) By chairman of the commission.--The Chairman of the 
     Commission may, for good cause--
       (i) remove the Chair of the Board from the position of 
     Chair; or
       (ii) remove from the Board any non-Federal member of the 
     Board.
       (7) Annual meetings.--In addition to any other meetings 
     necessary to carry out the duties of the Board under this 
     section, the Board shall meet--
       (A) subject to the call of the Chair; and
       (B) annually to consider the most recent report submitted 
     by the Administrator under section 4203(f)(1).
       (8) Quorum.--Seven members of the Board, including not 
     fewer than 6 non-Federal members, shall constitute a quorum.
       (9) Resources.--The Commission shall provide the Board with 
     the staff, administrative support, and facilities necessary 
     to carry out the duties of the Board under this section.
       (10) Prohibition against compensation.--A member of the 
     Board shall serve without pay but shall be allowed a per diem 
     allowance for travel expenses, at rates authorized for an 
     employee of an agency under subchapter I of chapter 57 of 
     title 5, United States Code, while away from the home or 
     regular place of business of the member in the performance of 
     the duties of the Board. Compensation of a Federal member of 
     the Board for service in the Federal office or employment by 
     reason of which such member is a member of the Board shall 
     not be considered compensation under this paragraph.
       (11) Federal advisory committee act inapplicable.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Board.
       (b) Development of Plan by Board.--
       (1) In general.--Not later than 1 year after the date on 
     which the Board is established under subsection (a)(1), the 
     Board shall submit to the Commission a detailed proposal for 
     a National Public Safety Communications Plan to govern the 
     use of the spectrum licensed to the Administrator in order to 
     meet long-term public safety communications needs.
       (2) Limitation on recommendations.--The Board may not make 
     any recommendations for requirements generally applicable to 
     providers of commercial mobile service or private mobile 
     service (as defined in section 332 of the Communications Act 
     of 1934 (47 U.S.C. 332)).
       (c) Consideration of Plan by Commission.--
       (1) In general.--Not later than 90 days after the date of 
     the submission of the proposal by the Board under subsection 
     (b)(1), the Commission shall complete a single proceeding 
     to--
       (A) adopt such proposal, without modification, as the 
     National Public Safety Communications Plan; or
       (B) reject such proposal.
       (2) Procedures if plan rejected.--If the Commission rejects 
     such proposal under paragraph (1)(B), the Board shall, not 
     later than 90 days thereafter, submit to the Commission a 
     revised proposal. Such revised proposal shall be treated as a 
     proposal submitted by the Board under subsection (b)(1).
       (3) Revisions to plan.--
       (A) Submission.--The Board shall periodically submit to the 
     Commission proposals for revisions to the Plan.
       (B) Consideration by commission.--Not later than 90 days 
     after the submission of such a proposal, the Commission shall 
     complete a single proceeding to--
       (i) revise the Plan in accordance with such proposal, 
     without modification of the proposal; or
       (ii) reject such proposal.
       (d) Requirements for Plan.--The Plan shall include the 
     following requirements:
       (1) Deployment standards.--The Plan shall--
       (A) require each State public safety broadband 
     communications network to be interconnected and interoperable 
     with all other such networks;
       (B) require each State public safety broadband 
     communications network to be based on a network architecture 
     that evolves with technological advancements;
       (C) require all State public safety broadband 
     communications networks to be based on the same commercial 
     standards;
       (D) require each State public safety broadband 
     communications network to be deployed as networks are 
     typically deployed by providers of commercial mobile data 
     service;
       (E) promote competition in the public safety equipment 
     market by requiring equipment for use on the State public 
     safety broadband communications networks to be--
       (i) built to open, nonproprietary, commercial standards;
       (ii) capable of being used by any provider of public safety 
     services and accessed by devices manufactured by multiple 
     vendors; and
       (iii) backward-compatible with prior generations of 
     commercial mobile service and commercial mobile data service 
     networks to the extent typically deployed by providers of 
     commercial mobile service and commercial mobile data service; 
     and
       (F) require each State public safety broadband 
     communications network to be integrated with public safety 
     answering points, or the equivalent of public safety 
     answering points, and with networks for the provision of Next 
     Generation 9-1-1 services.
       (2) State-specific requirements.--The Plan shall require 
     each State Public Safety Broadband Office to include in 
     requests for proposals for the construction, management, 
     maintenance, and operation of the State public safety 
     broadband communications network of such State--

[[Page 19886]]

       (A) specifications for the construction and deployment of 
     such network, including--
       (i) build timetables, which shall take into consideration 
     the time needed to build out to rural areas;
       (ii) required coverage areas, including rural and nonurban 
     areas;
       (iii) minimum service levels; and
       (iv) specific performance criteria;
       (B) the technical and operational requirements for such 
     network;
       (C) the practices, procedures, and standards for the 
     management and operation of such network;
       (D) the terms of service for the use of such network; and
       (E) specifications for ongoing compliance review and 
     monitoring of--
       (i) the construction, management, maintenance, and 
     operation of such network;
       (ii) the practices and procedures of the entities operating 
     on such network; and
       (iii) the necessary training needs of network users.
       (e) Development of Baseline Request for Proposals.--
       (1) Development by board.--Not later than 1 year after the 
     date on which the Board is established under subsection 
     (a)(1), the Board shall submit to the Commission a draft 
     baseline request for proposals for each State to use in 
     developing its request for proposals for the construction, 
     management, maintenance, and operation of a State public 
     safety broadband communications network.
       (2) Consideration by commission.--
       (A) In general.--Not later than 90 days after the date of 
     the submission of the draft baseline request for proposals by 
     the Board under paragraph (1), the Commission shall complete 
     a single proceeding to--
       (i) adopt such draft, without modification; or
       (ii) reject such draft.
       (B) Procedures if draft rejected.--If the Commission 
     rejects such draft under subparagraph (A)(ii), the Board 
     shall, not later than 60 days thereafter, submit to the 
     Commission a revised draft baseline request for proposals. 
     Such revised draft shall be treated as a draft submitted by 
     the Board under paragraph (1).
       (3) Revisions.--
       (A) Submission.--The Board shall periodically submit to the 
     Commission draft revisions to the baseline request for 
     proposals adopted under paragraph (2)(A)(i).
       (B) Consideration by commission.--Not later than 90 days 
     after the submission of such a draft revision, the Commission 
     shall complete a single proceeding to--
       (i) revise the baseline request for proposals in accordance 
     with such draft revision, without modification of such draft 
     revision; or
       (ii) reject such draft revision.

     SEC. 4203. PLAN ADMINISTRATION.

       (a) Selection of Administrator.--
       (1) In general.--The Assistant Secretary shall, through an 
     open, transparent request-for-proposals process, select an 
     entity to serve as the Administrator of the Plan. The 
     Assistant Secretary shall commence such process not later 
     than 120 days after the date of the adoption of the Plan by 
     the Commission under section 4202(c)(1)(A).
       (2) Replacement.--If an entity ceases to serve as 
     Administrator under a contract awarded under paragraph (1) or 
     this paragraph, the Assistant Secretary shall, through an 
     open, transparent request-for-proposals process, select 
     another entity to serve as Administrator.
       (b) Powers and Duties of Administrator.--The Administrator 
     shall--
       (1) review and coordinate the implementation of the Plan 
     and the construction, management, maintenance, and operation 
     of the State public safety broadband communications networks, 
     in accordance with the Plan, under contracts entered into by 
     the State Public Safety Broadband Offices;
       (2) transmit to each State Public Safety Broadband Office 
     the baseline request for proposals adopted by the Commission 
     under section 4202(e)(2)(A)(i) and any revisions to such 
     baseline request for proposals adopted by the Commission 
     under section 4202(e)(3)(B)(i);
       (3) review and approve or disapprove, in accordance with 
     section 4221(c), each contract proposed by a State Public 
     Safety Broadband Office for the construction, management, 
     maintenance, and operation of a State public safety broadband 
     communications network;
       (4) give public notice of each decision to approve or 
     disapprove such a contract and of any other decision of the 
     Administrator with respect to such a contract, a State Public 
     Safety Broadband Office, or a State public safety broadband 
     communications network;
       (5) in consultation with State Public Safety Broadband 
     Offices, conduct assessments for inclusion in the annual 
     report required by subsection (f)(1) of--
       (A) progress on construction and adoption of the State 
     public safety broadband communications networks; and
       (B) the management, maintenance, and operation of such 
     networks; and
       (6) conduct such audits as are necessary to ensure--
       (A) with respect to contracts described in paragraph (3), 
     the integrity of the contracting process and the adequate 
     performance of such contracts; and
       (B) that the State public safety broadband communications 
     networks are constructed, managed, maintained, and operated 
     in accordance with the Plan.
       (c) Limitation on Powers of Administrator.--The 
     Administrator may not--
       (1) take any action unless this title expressly confers on 
     the Administrator the power to take such action or such 
     action is necessary to carry out a power that this title 
     expressly confers on the Administrator; or
       (2) prohibit or refuse to approve any action of a State 
     Public Safety Broadband Office or with respect to a State 
     public safety broadband communications network unless such 
     action would violate the Plan or the license terms of the 
     spectrum licensed to the Administrator.
       (d) Review of Decisions of Administrator.--
       (1) In general.--The United States District Court for the 
     District of Columbia shall have exclusive jurisdiction to 
     review decisions of the Administrator.
       (2) Filing of petition.--Any party aggrieved by a decision 
     of the Administrator may seek review of such decision by 
     filing a petition for review with the court not later than 30 
     days after the date on which public notice is given of such 
     decision.
       (3) Contents of petition.--The petition shall contain a 
     concise statement of the following:
       (A) The nature of the proceedings as to which review is 
     sought.
       (B) The grounds on which relief is sought.
       (C) The relief prayed.
       (4) Attachment to petition.--The petitioner shall attach to 
     the petition, as an exhibit, a copy of the decision of the 
     Administrator on which review is sought.
       (5) Service.--The clerk shall serve a true copy of the 
     petition on the Administrator, the Assistant Secretary, and 
     the Commission by registered mail, with request for a return 
     receipt.
       (6) Standard of review.--The court may affirm or vacate a 
     decision of the Administrator on review. The court may vacate 
     a decision of the Administrator only--
       (A) where the decision was procured by corruption, fraud, 
     or undue means;
       (B) where there was actual partiality or corruption in the 
     Administrator;
       (C) where the Administrator was guilty of misconduct in 
     refusing to hear evidence pertinent and material to the 
     decision or of any other misbehavior by which the rights of 
     any party have been prejudiced; or
       (D) where the Administrator exceeded the powers conferred 
     on it by this title or otherwise did not arguably construe or 
     apply the Plan in making its decision.
       (7) Review by ntia prohibited.--The Assistant Secretary 
     shall take such action as is necessary to ensure that the 
     Administrator complies with the requirements of this title, 
     the Plan, and the terms of the contract entered into under 
     subsection (a), but the Assistant Secretary may not vacate or 
     otherwise modify a decision by the Administrator with respect 
     to a third party.
       (e) Audits of Use of Federal Funds by Administrator.--Not 
     later than 1 year after entering into a contract to serve as 
     Administrator, and annually thereafter, the Administrator 
     shall provide to the Assistant Secretary a statement, audited 
     by an independent auditor, that details the use during the 
     preceding fiscal year of any Federal funds received by the 
     Administrator in connection with its service as 
     Administrator.
       (f) Annual Report by Administrator.--
       (1) In general.--Not later than 1 year after entering into 
     a contract to serve as Administrator, and annually 
     thereafter, the Administrator shall submit a report covering 
     the preceding fiscal year to--
       (A) the Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate;
       (B) the Assistant Secretary;
       (C) the Commission; and
       (D) the Board.
       (2) Required content.--The report required by paragraph (1) 
     shall include--
       (A) a comprehensive and detailed description of--
       (i) the results of assessments conducted under subsection 
     (b)(5) and audits conducted under subsection (b)(6);
       (ii) the activities of the Administrator in its capacity as 
     Administrator; and
       (iii) the financial condition of the Administrator; and
       (B) such recommendations or proposals for legislative or 
     administrative action as the Administrator considers 
     appropriate.

     SEC. 4204. INITIAL FUNDING FOR ADMINISTRATOR.

       (a) Borrowing Authority.--Prior to the end of fiscal year 
     2021, the Assistant Secretary may borrow from the general 
     fund of the Treasury of the United States not more than 
     $40,000,000 to enter into a contract with an entity to serve 
     as Administrator under section 4203(a).
       (b) Reimbursement.--The Assistant Secretary shall reimburse 
     the general fund of the Treasury, without interest, for any 
     amounts borrowed under subsection (a) from funds made 
     available from the Public Safety Trust Fund established by 
     section 4241(a)(1), as such funds become available.

     SEC. 4205. STUDY ON EMERGENCY COMMUNICATIONS BY AMATEUR RADIO 
                   AND IMPEDIMENTS TO AMATEUR RADIO 
                   COMMUNICATIONS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Commission, in consultation 
     with the Office of Emergency Communications in the Department 
     of Homeland Security, shall--
       (1) complete a study on the uses and capabilities of 
     amateur radio service communications in emergencies and 
     disaster relief; and

[[Page 19887]]

       (2) submit to the Committee on Energy and Commerce of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report on the 
     findings of such study.
       (b) Contents.--The study required by subsection (a) shall 
     include--
       (1)(A) a review of the importance of emergency amateur 
     radio service communications relating to disasters, severe 
     weather, and other threats to lives and property in the 
     United States; and
       (B) recommendations for--
       (i) enhancements in the voluntary deployment of amateur 
     radio operators in disaster and emergency communications and 
     disaster relief efforts; and
       (ii) improved integration of amateur radio operators in the 
     planning and furtherance of initiatives of the Federal 
     Government; and
       (2)(A) an identification of impediments to enhanced amateur 
     radio service communications, such as the effects of 
     unreasonable or unnecessary private land use restrictions on 
     residential antenna installations; and
       (B) recommendations regarding the removal of such 
     impediments.
       (c) Expertise.--In conducting the study required by 
     subsection (a), the Commission shall use the expertise of 
     stakeholder entities and organizations, including the amateur 
     radio, emergency response, and disaster communications 
     communities.

                      PART 2--STATE IMPLEMENTATION

     SEC. 4221. NEGOTIATION AND APPROVAL OF CONTRACTS.

       (a) State Public Safety Broadband Offices.--Each State 
     desiring to establish a State public safety broadband 
     communications network shall establish or designate a State 
     Public Safety Broadband Office.
       (b) Negotiation by States.--
       (1) In general.--Each State Public Safety Broadband Office 
     shall--
       (A) use the baseline request for proposals transmitted 
     under section 4203(b)(2) to develop a request for proposals 
     for the construction, management, maintenance, and operation 
     of a State public safety broadband communications network;
       (B) negotiate a contract with a private-sector entity for 
     such construction, management, maintenance, and operation;
       (C) transmit such contract to the Administrator for 
     approval; and
       (D) if the Administrator approves such contract, enter into 
     such contract with such entity.
       (2) Factors for consideration.--In developing a request for 
     proposals under paragraph (1)(A) and negotiating a proposed 
     contract under paragraph (1)(B), the State Public Safety 
     Broadband Office shall take into consideration the following:
       (A) The most efficient and effective use and integration by 
     State, local, and tribal providers of public safety services 
     within such State of the spectrum licensed to the 
     Administrator and the infrastructure, equipment, and other 
     architecture associated with the State public safety 
     broadband communications network to satisfy the wireless 
     communications and data services needs of such providers.
       (B) The particular assets and specialized needs of such 
     providers. Such assets may include available towers and 
     infrastructure. Such needs may include the projected number 
     of users, preferred buildout timeframes, special coverage 
     needs, special hardening, reliability, security, and 
     resiliency needs, local user priority assignments, and 
     integration needs of public safety answering points and 
     emergency operations centers.
       (C) Whether any entities that are not providers of public 
     safety services should have emergency access to the State 
     public safety broadband communications network, as described 
     in subsection (e).
       (D) Whether the State public safety broadband 
     communications network provides for the selection on a 
     localized basis of network options that remain consistent 
     with the Plan.
       (E) How to ensure the reliability, security, and resiliency 
     of the State public safety broadband communications network, 
     including through measures for--
       (i) protecting and monitoring the cybersecurity of the 
     network; and
       (ii) managing supply chain risks to the network.
       (3) Partnerships.--
       (A) In general.--In choosing from among the entities that 
     respond to the request for proposals developed under 
     paragraph (1)(A), the State Public Safety Broadband Office 
     shall--
       (i) select a provider of commercial mobile service or 
     commercial mobile data service; and
       (ii) give additional consideration to providers of 
     commercial mobile service or commercial mobile data service 
     whose proposals include a partnership with a utility 
     provider.
       (B) Joint ventures.--For purposes of subparagraph (A), a 
     joint venture that includes a provider of commercial mobile 
     service or commercial mobile data service shall be considered 
     to be such a provider.
       (c) Review by Administrator.--
       (1) In general.--Upon receiving from a State Public Safety 
     Broadband Office a contract negotiated under subsection (b), 
     the Administrator shall either approve or disapprove such 
     contract but may not make any changes to its terms.
       (2) Disapproval.--In the case of disapproval under 
     paragraph (1), the State Public Safety Broadband Office may 
     renegotiate the contract, negotiate a contract with another 
     entity that responded to the Office's request for proposals, 
     or issue a new request for proposals.
       (d) Public-Private Partnerships.--Notwithstanding any 
     limitation in section 337 of the Communications Act of 1934 
     (47 U.S.C. 337), a contract entered into between a State 
     Public Safety Broadband Office and a private entity under 
     subsection (b)(1)(D) may permit--
       (1) such entity to obtain access to the spectrum licensed 
     to the Administrator in such State for services that are not 
     public safety services; or
       (2) the State Public Safety Broadband Office to share with 
     such entity equipment or infrastructure of the State public 
     safety broadband communications network, including antennas 
     and towers.
       (e) Emergency Access by Non-Public Safety Entities.--
       (1) In general.--Notwithstanding any limitation in section 
     337 of the Communications Act of 1934 (47 U.S.C. 337), as 
     expressly permitted by the terms of a contract entered into 
     under subsection (b)(1)(D) for the construction, management, 
     maintenance, and operation of a State public safety broadband 
     communications network, the Administrator may enter into 
     agreements with entities in such State that are not providers 
     of public safety services to permit such entities to obtain 
     access on a secondary, preemptible basis to the State public 
     safety broadband communications network of such State in 
     order to facilitate interoperability between such entities 
     and providers of public safety services in protecting the 
     safety of life, health, and property during emergencies and 
     during preparation for and recovery from emergencies, 
     including during emergency drills, exercises, and tests.
       (2) Preemption.--The Administrator shall ensure that, under 
     any agreement entered into under paragraph (1), providers of 
     public safety services may preempt use of the State public 
     safety broadband communications network by an entity with 
     which the Administrator has entered into such agreement.
       (f) Multi-State Negotiation.--The State Public Safety 
     Broadband Offices of more than one State may form a 
     consortium for purposes of developing a request for proposals 
     and negotiating and entering into a contract for the 
     construction, management, maintenance, and operation of a 
     State public safety broadband communications network for such 
     States. While such Offices remain in the consortium, such 
     States shall be treated as a single State, such Offices shall 
     be treated as a single Office of a single State, and such 
     network shall be treated as the State public safety broadband 
     communications network of a single State.

     SEC. 4222. STATE IMPLEMENTATION GRANT PROGRAM.

       (a) In General.--From amounts made available under section 
     4223(b), the Assistant Secretary shall, in consultation with 
     the Administrator, make grants to State Public Safety 
     Broadband Offices to assist such Offices in carrying out the 
     duties of such Offices under this part, except for making 
     payments under contracts entered into under section 
     4221(b)(1)(D).
       (b) Application.--The Assistant Secretary may only make a 
     grant under this section to a State Public Safety Broadband 
     Office that submits an application at such time, in such 
     form, and containing such information and assurances as the 
     Assistant Secretary may require.
       (c) Matching Requirements; Federal Share.--
       (1) In general.--The Federal share of the cost of any 
     activity carried out using a grant under this section may not 
     exceed 80 percent of the eligible costs of carrying out that 
     activity, as determined by the Assistant Secretary.
       (2) Waiver.--The Assistant Secretary may waive, in whole or 
     in part, the requirements of paragraph (1) if the State 
     Public Safety Broadband Office has demonstrated financial 
     hardship.
       (d) Programmatic Requirements.--Not later than 1 year after 
     the date of the adoption of the Plan by the Commission under 
     section 4202(c)(1)(A), the Assistant Secretary, in 
     consultation with the Board, shall establish requirements 
     relating to the grant program to be carried out under this 
     section, including the following:
       (1) Defining eligible costs for purposes of subsection 
     (c)(1).
       (2) Determining the scope of eligible activities for grant 
     funding under this section.
       (3) Prioritizing grants for activities that ensure coverage 
     in rural as well as urban areas.

     SEC. 4223. STATE IMPLEMENTATION FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the State 
     Implementation Fund.
       (b) Amounts Available for State Implementation Grant 
     Program.--Any amounts borrowed under subsection (c)(1) and 
     any amounts in the State Implementation Fund that are not 
     necessary to reimburse the general fund of the Treasury for 
     such borrowed amounts shall be available to the Assistant 
     Secretary to implement section 4222.
       (c) Borrowing Authority.--
       (1) In general.--Prior to the end of fiscal year 2021, the 
     Assistant Secretary may borrow from the general fund of the 
     Treasury such sums as may be necessary, but not to exceed 
     $100,000,000, to implement section 4222.
       (2) Reimbursement.--The Assistant Secretary shall reimburse 
     the general fund of the Treasury, without interest, for any 
     amounts borrowed under paragraph (1) as funds are deposited 
     into the State Implementation Fund.
       (d) Transfer of Unused Funds.--If there is a balance 
     remaining in the State Implementation Fund on September 30, 
     2021, the Secretary

[[Page 19888]]

     of the Treasury shall transfer such balance to the general 
     fund of the Treasury, where such balance shall be dedicated 
     for the sole purpose of deficit reduction.

     SEC. 4224. GRANTS TO STATES FOR NETWORK BUILDOUT.

       (a) Establishment.--From amounts made available from the 
     Public Safety Trust Fund established by section 4241(a)(1), 
     the Assistant Secretary shall make grants to State Public 
     Safety Broadband Offices for payments under contracts entered 
     into under section 4221(b)(1)(D).
       (b) Application.--The Assistant Secretary may only make a 
     grant under this section to a State Public Safety Broadband 
     Office that submits an application at such time, in such 
     form, and containing such information and assurances as the 
     Assistant Secretary may require.
       (c) Quarterly Reports.--
       (1) From grantees to ntia.--Not later than 3 months after 
     receiving a grant under this section and not less frequently 
     than quarterly thereafter until the date that is 1 year after 
     all such funds have been expended, a State Public Safety 
     Broadband Office shall submit to the Assistant Secretary a 
     report on--
       (A) the use of grant funds by such Office; and
       (B) the construction, management, maintenance, and 
     operation of the State public safety broadband communications 
     network of such State.
       (2) From ntia to congress.--Not later than 6 months after 
     making the first grant under this section and not less 
     frequently than quarterly thereafter until the date that is 
     18 months after all such funds have been expended by the 
     grantees, the Assistant Secretary shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives a report that--
       (A) summarizes the reports submitted by grantees under 
     paragraph (1); and
       (B) describes and evaluates--
       (i) the use of grant funds disbursed under this section; 
     and
       (ii) the construction, management, maintenance, and 
     operation of the State public safety broadband communications 
     networks under the contracts under which grantees make 
     payments using grant funds.

     SEC. 4225. WIRELESS FACILITIES DEPLOYMENT.

       (a) Facility Modifications.--
       (1) In general.--Notwithstanding section 704 of the 
     Telecommunications Act of 1996 (Public Law 104-104) or any 
     other provision of law, a State or local government may not 
     deny, and shall approve, any eligible facilities request for 
     a modification of an existing wireless tower or base station 
     that does not substantially change the physical dimensions of 
     such tower or base station.
       (2) Eligible facilities request.--For purposes of this 
     subsection, the term ``eligible facilities request'' means 
     any request for modification of an existing wireless tower or 
     base station that involves--
       (A) collocation of new transmission equipment;
       (B) removal of transmission equipment; or
       (C) replacement of transmission equipment.
       (b) Federal Easements and Rights-of-Way.--
       (1) Grant.--If an executive agency, a State, a political 
     subdivision or agency of a State, or a person, firm, or 
     organization applies for the grant of an easement or right-
     of-way to, in, over, or on a building or other property owned 
     by the Federal Government for the right to install, 
     construct, and maintain wireless service antenna structures 
     and equipment and backhaul transmission equipment, the 
     executive agency having control of the building or other 
     property may grant to the applicant, on behalf of the Federal 
     Government, an easement or right-of-way to perform such 
     installation, construction, and maintenance.
       (2) Application.--The Administrator of General Services 
     shall develop a common form for applications for easements 
     and rights-of-way under paragraph (1) for all executive 
     agencies that shall be used by applicants with respect to the 
     buildings or other property of each such agency.
       (3) Fee.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Administrator of General Services shall establish a 
     fee for the grant of an easement or right-of-way pursuant to 
     paragraph (1) that is based on direct cost recovery.
       (B) Exceptions.--The Administrator of General Services may 
     establish exceptions to the fee amount required under 
     subparagraph (A)--
       (i) in consideration of the public benefit provided by a 
     grant of an easement or right-of-way; and
       (ii) in the interest of expanding wireless and broadband 
     coverage.
       (4) Use of fees collected.--Any fee amounts collected by an 
     executive agency pursuant to paragraph (3) may be made 
     available, as provided in appropriations Acts, to such agency 
     to cover the costs of granting the easement or right-of-way.
       (c) Master Contracts for Wireless Facility Sitings.--
       (1) In general.--Notwithstanding section 704 of the 
     Telecommunications Act of 1996 or any other provision of law, 
     and not later than 60 days after the date of the enactment of 
     this Act, the Administrator of General Services shall--
       (A) develop 1 or more master contracts that shall govern 
     the placement of wireless service antenna structures on 
     buildings and other property owned by the Federal Government; 
     and
       (B) in developing the master contract or contracts, 
     standardize the treatment of the placement of wireless 
     service antenna structures on building rooftops or facades, 
     the placement of wireless service antenna equipment on 
     rooftops or inside buildings, the technology used in 
     connection with wireless service antenna structures or 
     equipment placed on Federal buildings and other property, and 
     any other key issues the Administrator of General Services 
     considers appropriate.
       (2) Applicability.--The master contract or contracts 
     developed by the Administrator of General Services under 
     paragraph (1) shall apply to all publicly accessible 
     buildings and other property owned by the Federal Government, 
     unless the Administrator of General Services decides that 
     issues with respect to the siting of a wireless service 
     antenna structure on a specific building or other property 
     warrant nonstandard treatment of such building or other 
     property.
       (3) Application.--The Administrator of General Services 
     shall develop a common form or set of forms for wireless 
     service antenna structure siting applications under this 
     subsection for all executive agencies that shall be used by 
     applicants with respect to the buildings and other property 
     of each such agency.
       (d) Executive Agency Defined.--In this section, the term 
     ``executive agency'' has the meaning given such term in 
     section 102 of title 40, United States Code.

                    PART 3--PUBLIC SAFETY TRUST FUND

     SEC. 4241. PUBLIC SAFETY TRUST FUND.

       (a) Establishment of Public Safety Trust Fund.--
       (1) In general.--There is established in the Treasury of 
     the United States a trust fund to be known as the Public 
     Safety Trust Fund.
       (2) Availability.--Amounts deposited in the Public Safety 
     Trust Fund shall remain available through fiscal year 2021. 
     Any amounts remaining in the Fund after the end of such 
     fiscal year shall be deposited in the general fund of the 
     Treasury, where such amounts shall be dedicated for the sole 
     purpose of deficit reduction.
       (b) Use of Fund.--As amounts are deposited in the Public 
     Safety Trust Fund, such amounts shall be used to make the 
     following deposits or payments in the following order of 
     priority:
       (1) Repayment of amount borrowed for administration of 
     national public safety communications plan.--An amount not to 
     exceed $40,000,000 shall be available to the Assistant 
     Secretary to reimburse the general fund of the Treasury for 
     any amounts borrowed under section 4204(a).
       (2) State implementation fund.--$100,000,000 shall be 
     deposited in the State Implementation Fund established by 
     section 4223(a).
       (3) Buildout of state public safety broadband 
     communications networks.--$4,960,000,000 shall be available 
     to the Assistant Secretary to carry out section 4224.
       (4) Deficit reduction.--$20,400,000,000 shall be deposited 
     in the general fund of the Treasury, where such amount shall 
     be dedicated for the sole purpose of deficit reduction.
       (5) 9-1-1, e9-1-1, and next generation 9-1-1 implementation 
     grants.--$250,000,000 shall be available to the Assistant 
     Secretary and the Administrator of the National Highway 
     Traffic Safety Administration to carry out the grant program 
     under section 158 of the National Telecommunications and 
     Information Administration Organization Act, as amended by 
     section 4265 of this title.
       (6) Buildout of state public safety broadband 
     communications networks and deficit reduction.--Of the 
     remaining amounts deposited in the Fund--
       (A) 10 percent of any such amounts, not to exceed 
     $1,500,000,000, shall be available to the Assistant Secretary 
     to carry out section 4224; and
       (B) 90 percent of any such amounts (or 100 percent of any 
     such amounts after amounts made available under subparagraph 
     (A) exceed $1,500,000,000) shall be deposited in the general 
     fund of the Treasury, where such amounts shall be dedicated 
     for the sole purpose of deficit reduction.
       (c) Investment.--Amounts in the Public Safety Trust Fund 
     shall be invested in accordance with section 9702 of title 
     31, United States Code, and any interest on, and proceeds 
     from, any such investment shall be credited to, and become a 
     part of, the Fund.

         PART 4--NEXT GENERATION 9-1-1 ADVANCEMENT ACT OF 2011

     SEC. 4261. SHORT TITLE.

       This part may be cited as the ``Next Generation 9-1-1 
     Advancement Act of 2011''.

     SEC. 4262. FINDINGS.

       Congress finds that--
       (1) for the sake of the public safety of our Nation, a 
     universal emergency service number (9-1-1) that is enhanced 
     with the most modern and state-of-the-art telecommunications 
     capabilities possible, including voice, data, and video 
     communications, should be available to all citizens wherever 
     they live, work, and travel;
       (2) a successful migration to Next Generation 9-1-1 service 
     communications systems will require greater Federal, State, 
     and local government resources and coordination;
       (3) any funds that are collected from fees imposed on 
     consumer bills for the purposes of funding 9-1-1 services, 
     enhanced 9-1-1 services, or Next Generation 9-1-1 services 
     should only be used for the purposes for which the funds are 
     collected;
       (4) it is a national priority to foster the migration from 
     analog, voice-centric 9-1-1 and current generation emergency 
     communications systems to a 21st century, Next Generation, 
     IP-

[[Page 19889]]

     based emergency services model that embraces a wide range of 
     voice, video, and data applications;
       (5) ensuring 9-1-1 access for all citizens includes 
     improving access to 9-1-1 systems for the deaf, hard of 
     hearing, deaf-blind, and individuals with speech 
     disabilities, who increasingly communicate with non-
     traditional text, video, and instant-messaging communications 
     services, and who expect those services to be able to connect 
     directly to 9-1-1 systems;
       (6) a coordinated public educational effort on current and 
     emerging 9-1-1 system capabilities and proper use of the 9-1-
     1 system is essential to the operation of effective 9-1-1 
     systems;
       (7) Federal policies and funding should enable the 
     transition to Internet Protocol-based (IP-based) Next 
     Generation 9-1-1 systems, and Federal 9-1-1 and emergency 
     communications laws and regulations must keep pace with 
     rapidly changing technology to ensure an open and competitive 
     9-1-1 environment based on the most advanced technology 
     available; and
       (8) Federal policies and grant programs should reflect the 
     growing convergence and integration of emergency 
     communications technology, such that State interoperability 
     plans and Federal funding in support of such plans are made 
     available for all aspects of Next Generation 9-1-1 service 
     and emergency communications systems.

     SEC. 4263. PURPOSES.

       The purposes of this part are--
       (1) to focus Federal policies and funding programs to 
     ensure a successful migration from voice-centric 9-1-1 
     systems to IP-enabled, Next Generation 9-1-1 emergency 
     response systems that use voice, data, and video services to 
     greatly enhance the capability of 9-1-1 and emergency 
     response services;
       (2) to ensure that technologically advanced 9-1-1 and 
     emergency communications systems are universally available 
     and adequately funded to serve all Americans; and
       (3) to ensure that all 9-1-1 and emergency response 
     organizations have access to--
       (A) high-speed broadband networks;
       (B) interconnected IP backbones; and
       (C) innovative services and applications.

     SEC. 4264. DEFINITIONS.

       In this part, the following definitions shall apply:
       (1) 9-1-1 services and e9-1-1 services.--The terms ``9-1-1 
     services'' and ``E9-1-1 services'' shall have the meaning 
     given those terms in section 158 of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 942), as amended by this part.
       (2) Multi-line telephone system.--The term ``multi-line 
     telephone system'' or ``MLTS'' means a system comprised of 
     common control units, telephone sets, control hardware and 
     software and adjunct systems, including network and premises 
     based systems, such as Centrex and VoIP, as well as PBX, 
     Hybrid, and Key Telephone Systems (as classified by the 
     Commission under part 68 of title 47, Code of Federal 
     Regulations), and includes systems owned or leased by 
     governmental agencies and non-profit entities, as well as for 
     profit businesses.
       (3) Office.--The term ``Office'' means the 9-1-1 
     Implementation Coordination Office established under section 
     158 of the National Telecommunications and Information 
     Administration Organization Act (47 U.S.C. 942), as amended 
     by this part.

     SEC. 4265. COORDINATION OF 9-1-1 IMPLEMENTATION.

       Section 158 of the National Telecommunications and 
     Information Administration Organization Act (47 U.S.C. 942) 
     is amended to read as follows:

     ``SEC. 158. COORDINATION OF 9-1-1, E9-1-1, AND NEXT 
                   GENERATION 9-1-1 IMPLEMENTATION.

       ``(a) 9-1-1 Implementation Coordination Office.--
       ``(1) Establishment and continuation.--The Assistant 
     Secretary and the Administrator of the National Highway 
     Traffic Safety Administration shall--
       ``(A) establish and further a program to facilitate 
     coordination and communication between Federal, State, and 
     local emergency communications systems, emergency personnel, 
     public safety organizations, telecommunications carriers, and 
     telecommunications equipment manufacturers and vendors 
     involved in the implementation of 9-1-1 services; and
       ``(B) establish a 9-1-1 Implementation Coordination Office 
     to implement the provisions of this section.
       ``(2) Management plan.--
       ``(A) Development.--The Assistant Secretary and the 
     Administrator shall develop a management plan for the grant 
     program established under this section, including by 
     developing--
       ``(i) plans related to the organizational structure of such 
     program; and
       ``(ii) funding profiles for each fiscal year of the 
     duration of such program.
       ``(B) Submission to congress.--Not later than 90 days after 
     the date of enactment of the Next Generation 9-1-1 
     Advancement Act of 2011, the Assistant Secretary and the 
     Administrator shall submit the management plan developed 
     under subparagraph (A) to--
       ``(i) the Committees on Commerce, Science, and 
     Transportation and Appropriations of the Senate; and
       ``(ii) the Committees on Energy and Commerce and 
     Appropriations of the House of Representatives.
       ``(3) Purpose of office.--The Office shall--
       ``(A) take actions, in concert with coordinators designated 
     in accordance with subsection (b)(3)(A)(ii), to improve 
     coordination and communication with respect to the 
     implementation of 9-1-1 services, E9-1-1 services, and Next 
     Generation 9-1-1 services;
       ``(B) develop, collect, and disseminate information 
     concerning practices, procedures, and technology used in the 
     implementation of 9-1-1 services, E9-1-1 services, and Next 
     Generation 9-1-1 services;
       ``(C) advise and assist eligible entities in the 
     preparation of implementation plans required under subsection 
     (b)(3)(A)(iii);
       ``(D) receive, review, and recommend the approval or 
     disapproval of applications for grants under subsection (b); 
     and
       ``(E) oversee the use of funds provided by such grants in 
     fulfilling such implementation plans.
       ``(4) Reports.--The Assistant Secretary and the 
     Administrator shall provide an annual report to Congress by 
     the first day of October of each year on the activities of 
     the Office to improve coordination and communication with 
     respect to the implementation of 9-1-1 services, E9-1-1 
     services, and Next Generation 9-1-1 services.
       ``(b) 9-1-1, E9-1-1, and Next Generation 9-1-1 
     Implementation Grants.--
       ``(1) Matching grants.--The Assistant Secretary and the 
     Administrator, acting through the Office, shall provide 
     grants to eligible entities for--
       ``(A) the implementation and operation of 9-1-1 services, 
     E9-1-1 services, migration to an IP-enabled emergency 
     network, and adoption and operation of Next Generation 9-1-1 
     services and applications;
       ``(B) the implementation of IP-enabled emergency services 
     and applications enabled by Next Generation 9-1-1 services, 
     including the establishment of IP backbone networks and the 
     application layer software infrastructure needed to 
     interconnect the multitude of emergency response 
     organizations; and
       ``(C) training public safety personnel, including call-
     takers, first responders, and other individuals and 
     organizations who are part of the emergency response chain in 
     9-1-1 services.
       ``(2) Matching requirement.--The Federal share of the cost 
     of a project eligible for a grant under this section shall 
     not exceed 80 percent. The non-Federal share of the cost 
     shall be provided from non-Federal sources unless waived by 
     the Assistant Secretary and the Administrator.
       ``(3) Coordination required.--In providing grants under 
     paragraph (1), the Assistant Secretary and the Administrator 
     shall require an eligible entity to certify in its 
     application that--
       ``(A) in the case of an eligible entity that is a State 
     government, the entity--
       ``(i) has coordinated its application with the public 
     safety answering points located within the jurisdiction of 
     such entity;
       ``(ii) has designated a single officer or governmental body 
     of the entity to serve as the coordinator of implementation 
     of 9-1-1 services, except that such designation need not vest 
     such coordinator with direct legal authority to implement 9-
     1-1 services, E9-1-1 services, or Next Generation 9-1-1 
     services or to manage emergency communications operations;
       ``(iii) has established a plan for the coordination and 
     implementation of 9-1-1 services, E9-1-1 services, and Next 
     Generation 9-1-1 services; and
       ``(iv) has integrated telecommunications services involved 
     in the implementation and delivery of 9-1-1 services, E9-1-1 
     services, and Next Generation 9-1-1 services; or
       ``(B) in the case of an eligible entity that is not a 
     State, the entity has complied with clauses (i), (iii), and 
     (iv) of subparagraph (A), and the State in which it is 
     located has complied with clause (ii) of such subparagraph.
       ``(4) Criteria.--Not later than 120 days after the date of 
     enactment of the Next Generation 9-1-1 Advancement Act of 
     2011, the Assistant Secretary and the Administrator shall 
     issue regulations, after providing the public with notice and 
     an opportunity to comment, prescribing the criteria for 
     selection for grants under this section. The criteria shall 
     include performance requirements and a timeline for 
     completion of any project to be financed by a grant under 
     this section. The Assistant Secretary and the Administrator 
     shall update such regulations as necessary.
       ``(c) Diversion of 9-1-1 Charges.--
       ``(1) Designated 9-1-1 charges.--For the purposes of this 
     subsection, the term `designated 9-1-1 charges' means any 
     taxes, fees, or other charges imposed by a State or other 
     taxing jurisdiction that are designated or presented as 
     dedicated to deliver or improve 9-1-1 services, E9-1-1 
     services, or Next Generation 9-1-1 services.
       ``(2) Certification.--Each applicant for a matching grant 
     under this section shall certify to the Assistant Secretary 
     and the Administrator at the time of application, and each 
     applicant that receives such a grant shall certify to the 
     Assistant Secretary and the Administrator annually thereafter 
     during any period of time during which the funds from the 
     grant are available to the applicant, that no portion of any 
     designated 9-1-1 charges imposed by a State or other taxing 
     jurisdiction within which the applicant is located are being 
     obligated or expended for any purpose other than the purposes 
     for which such charges are designated or presented during the 
     period beginning 180 days immediately preceding the date of 
     the application and continuing through the period of time 
     during which the funds from the grant are available to the 
     applicant.
       ``(3) Condition of grant.--Each applicant for a grant under 
     this section shall agree, as a

[[Page 19890]]

     condition of receipt of the grant, that if the State or other 
     taxing jurisdiction within which the applicant is located, 
     during any period of time during which the funds from the 
     grant are available to the applicant, obligates or expends 
     designated 9-1-1 charges for any purpose other than the 
     purposes for which such charges are designated or presented, 
     eliminates such charges, or redesignates such charges for 
     purposes other than the implementation or operation of 9-1-1 
     services, E9-1-1 services, or Next Generation 9-1-1 services, 
     all of the funds from such grant shall be returned to the 
     Office.
       ``(4) Penalty for providing false information.--Any 
     applicant that provides a certification under paragraph (2) 
     knowing that the information provided in the certification 
     was false shall--
       ``(A) not be eligible to receive the grant under subsection 
     (b);
       ``(B) return any grant awarded under subsection (b) during 
     the time that the certification was not valid; and
       ``(C) not be eligible to receive any subsequent grants 
     under subsection (b).
       ``(d) Funding and Termination.--
       ``(1) In general.--From the amounts made available to the 
     Assistant Secretary and the Administrator under section 
     4241(b)(5) of the Jumpstarting Opportunity with Broadband 
     Spectrum Act of 2011, the Assistant Secretary and the 
     Administrator are authorized to provide grants under this 
     section through the end of fiscal year 2021. Not more than 5 
     percent of such amounts may be obligated or expended to cover 
     the administrative costs of carrying out this section.
       ``(2) Termination.--Effective on October 1, 2021, the 
     authority provided by this section terminates and this 
     section shall have no effect.
       ``(e) Definitions.--In this section, the following 
     definitions shall apply:
       ``(1) 9-1-1 services.--The term `9-1-1 services' includes 
     both E9-1-1 services and Next Generation 9-1-1 services.
       ``(2) E9-1-1 services.--The term `E9-1-1 services' means 
     both phase I and phase II enhanced 9-1-1 services, as 
     described in section 20.18 of the Commission's regulations 
     (47 C.F.R. 20.18), as in effect on the date of enactment of 
     the Next Generation 9-1-1 Advancement Act of 2011, or as 
     subsequently revised by the Commission.
       ``(3) Eligible entity.--
       ``(A) In general.--The term `eligible entity' means a State 
     or local government or a tribal organization (as defined in 
     section 4(l) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(l))).
       ``(B) Instrumentalities.--The term `eligible entity' 
     includes public authorities, boards, commissions, and similar 
     bodies created by 1 or more eligible entities described in 
     subparagraph (A) to provide 9-1-1 services, E9-1-1 services, 
     or Next Generation 9-1-1 services.
       ``(C) Exception.--The term `eligible entity' does not 
     include any entity that has failed to submit the most 
     recently required certification under subsection (c) within 
     30 days after the date on which such certification is due.
       ``(4) Emergency call.--The term `emergency call' refers to 
     any real-time communication with a public safety answering 
     point or other emergency management or response agency, 
     including--
       ``(A) through voice, text, or video and related data; and
       ``(B) nonhuman-initiated automatic event alerts, such as 
     alarms, telematics, or sensor data, which may also include 
     real-time voice, text, or video communications.
       ``(5) Next generation 9-1-1 services.--The term `Next 
     Generation 9-1-1 services' means an IP-based system comprised 
     of hardware, software, data, and operational policies and 
     procedures that--
       ``(A) provides standardized interfaces from emergency call 
     and message services to support emergency communications;
       ``(B) processes all types of emergency calls, including 
     voice, data, and multimedia information;
       ``(C) acquires and integrates additional emergency call 
     data useful to call routing and handling;
       ``(D) delivers the emergency calls, messages, and data to 
     the appropriate public safety answering point and other 
     appropriate emergency entities;
       ``(E) supports data or video communications needs for 
     coordinated incident response and management; and
       ``(F) provides broadband service to public safety answering 
     points or other first responder entities.
       ``(6) Office.--The term `Office' means the 9-1-1 
     Implementation Coordination Office.
       ``(7) Public safety answering point.--The term `public 
     safety answering point' has the meaning given the term in 
     section 222 of the Communications Act of 1934 (47 U.S.C. 
     222).
       ``(8) State.--The term `State' means any State of the 
     United States, the District of Columbia, Puerto Rico, 
     American Samoa, Guam, the United States Virgin Islands, the 
     Northern Mariana Islands, and any other territory or 
     possession of the United States.''.

     SEC. 4266. REQUIREMENTS FOR MULTI-LINE TELEPHONE SYSTEMS.

       (a) In General.--Not later than 270 days after the date of 
     the enactment of this Act, the Administrator of General 
     Services, in conjunction with the Office, shall issue a 
     report to Congress identifying the 9-1-1 capabilities of the 
     multi-line telephone system in use by all Federal agencies in 
     all Federal buildings and properties.
       (b) Commission Action.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Commission shall issue a 
     public notice seeking comment on the feasibility of requiring 
     MLTS manufacturers to include within all such systems 
     manufactured or sold after a date certain, to be determined 
     by the Commission, one or more mechanisms to provide a 
     sufficiently precise indication of a 9-1-1 caller's location, 
     while avoiding the imposition of undue burdens on MLTS 
     manufacturers, providers, and operators.
       (2) Specific requirement.--The public notice under 
     paragraph (1) shall seek comment on the National Emergency 
     Number Association's ``Technical Requirements Document On 
     Model Legislation E9-1-1 for Multi-Line Telephone Systems'' 
     (NENA 06-750, Version 2).

     SEC. 4267. GAO STUDY OF STATE AND LOCAL USE OF 9-1-1 SERVICE 
                   CHARGES.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall initiate a study of--
       (1) the imposition of taxes, fees, or other charges imposed 
     by States or political subdivisions of States that are 
     designated or presented as dedicated to improve emergency 
     communications services, including 9-1-1 services or enhanced 
     9-1-1 services, or related to emergency communications 
     services operations or improvements; and
       (2) the use of revenues derived from such taxes, fees, or 
     charges.
       (b) Report.--Not later than 18 months after initiating the 
     study required by subsection (a), the Comptroller General 
     shall prepare and submit a report on the results of the study 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Energy and Commerce of the 
     House of Representatives setting forth the findings, 
     conclusions, and recommendations, if any, of the study, 
     including--
       (1) the identity of each State or political subdivision 
     that imposes such taxes, fees, or other charges; and
       (2) the amount of revenues obligated or expended by that 
     State or political subdivision for any purpose other than the 
     purposes for which such taxes, fees, or charges were 
     designated or presented.

     SEC. 4268. PARITY OF PROTECTION FOR PROVISION OR USE OF NEXT 
                   GENERATION 9-1-1 SERVICES.

       (a) Immunity.--A provider or user of Next Generation 9-1-1 
     services, a public safety answering point, and the officers, 
     directors, employees, vendors, agents, and authorizing 
     government entity (if any) of such provider, user, or public 
     safety answering point, shall have immunity and protection 
     from liability under Federal and State law to the extent 
     provided in subsection (b) with respect to--
       (1) the release of subscriber information related to 
     emergency calls or emergency services;
       (2) the use or provision of 9-1-1 services, E9-1-1 
     services, or Next Generation 9-1-1 services; and
       (3) other matters related to 9-1-1 services, E9-1-1 
     services, or Next Generation 9-1-1 services.
       (b) Scope of Immunity and Protection From Liability.--The 
     scope and extent of the immunity and protection from 
     liability afforded under subsection (a) shall be the same as 
     that provided under section 4 of the Wireless Communications 
     and Public Safety Act of 1999 (47 U.S.C. 615a) to wireless 
     carriers, public safety answering points, and users of 
     wireless 9-1-1 service (as defined in paragraphs (4), (3), 
     and (6), respectively, of section 6 of that Act (47 U.S.C. 
     615b)) with respect to such release, use, and other matters.

     SEC. 4269. COMMISSION PROCEEDING ON AUTODIALING.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Commission shall initiate a 
     proceeding to create a specialized Do-Not-Call registry for 
     public safety answering points.
       (b) Features of the Registry.--The Commission shall issue 
     regulations, after providing the public with notice and an 
     opportunity to comment, that--
       (1) permit verified public safety answering point 
     administrators or managers to register the telephone numbers 
     of all 9-1-1 trunks and other lines used for the provision of 
     emergency services to the public or for communications 
     between public safety agencies;
       (2) provide a process for verifying, no less frequently 
     than once every 7 years, that registered numbers should 
     continue to appear upon the registry;
       (3) provide a process for granting and tracking access to 
     the registry by the operators of automatic dialing equipment;
       (4) protect the list of registered numbers from disclosure 
     or dissemination by parties granted access to the registry; 
     and
       (5) prohibit the use of automatic dialing or ``robocall'' 
     equipment to establish contact with registered numbers.
       (c) Enforcement.--The Commission shall--
       (1) establish monetary penalties for violations of the 
     protective regulations established pursuant to subsection 
     (b)(4) of not less than $100,000 per incident nor more than 
     $1,000,000 per incident;
       (2) establish monetary penalties for violations of the 
     prohibition on automatically dialing registered numbers 
     established pursuant to subsection (b)(5) of not less than 
     $10,000 per call nor more than $100,000 per call; and
       (3) provide for the imposition of fines under paragraphs 
     (1) or (2) that vary depending upon whether the conduct 
     leading to the violation was negligent, grossly negligent, 
     reckless, or

[[Page 19891]]

     willful, and depending on whether the violation was a first 
     or subsequent offence.

     SEC. 4270. NHTSA REPORT ON COSTS FOR REQUIREMENTS AND 
                   SPECIFICATIONS OF NEXT GENERATION 9-1-1 
                   SERVICES.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Administrator of the National 
     Highway Traffic Safety Administration, in consultation with 
     the Commission, the Secretary of Homeland Security, and the 
     Office, shall prepare and submit a report to Congress that 
     analyzes and determines detailed costs for specific Next 
     Generation 9-1-1 service requirements and specifications.
       (b) Purpose of Report.--The purpose of the report required 
     under subsection (a) is to serve as a resource for Congress 
     as it considers creating a coordinated, long-term funding 
     mechanism for the deployment and operation, accessibility, 
     application development, equipment procurement, and training 
     of personnel for Next Generation 9-1-1 services.
       (c) Required Inclusions.--The report required under 
     subsection (a) shall include the following:
       (1) How costs would be broken out geographically and/or 
     allocated among public safety answering points, broadband 
     service providers, and third-party providers of Next 
     Generation 9-1-1 services.
       (2) An assessment of the current state of Next Generation 
     9-1-1 service readiness among public safety answering points.
       (3) How differences in public safety answering points' 
     access to broadband across the country may affect costs.
       (4) A technical analysis and cost study of different 
     delivery platforms, such as wireline, wireless, and 
     satellite.
       (5) An assessment of the architectural characteristics, 
     feasibility, and limitations of Next Generation 9-1-1 service 
     delivery.
       (6) An analysis of the needs for Next Generation 9-1-1 
     services of persons with disabilities.
       (7) Standards and protocols for Next Generation 9-1-1 
     services and for incorporating Voice over Internet Protocol 
     and ``Real-Time Text'' standards.

     SEC. 4271. FCC RECOMMENDATIONS FOR LEGAL AND STATUTORY 
                   FRAMEWORK FOR NEXT GENERATION 9-1-1 SERVICES.

       Not later than 1 year after the date of the enactment of 
     this Act, the Commission, in coordination with the Secretary 
     of Homeland Security, the Administrator of the National 
     Highway Traffic Safety Administration, and the Office, shall 
     prepare and submit a report to Congress that contains 
     recommendations for the legal and statutory framework for 
     Next Generation 9-1-1 services, consistent with 
     recommendations in the National Broadband Plan developed by 
     the Commission pursuant to the American Recovery and 
     Reinvestment Act of 2009, including the following:
       (1) A legal and regulatory framework for the development of 
     Next Generation 9-1-1 services and the transition from legacy 
     9-1-1 to Next Generation 9-1-1 networks.
       (2) Legal mechanisms to ensure efficient and accurate 
     transmission of 9-1-1 caller information to emergency 
     response agencies.
       (3) Recommendations for removing jurisdictional barriers 
     and inconsistent legacy regulations including--
       (A) proposals that would require States to remove 
     regulatory roadblocks to Next Generation 9-1-1 services 
     development, while recognizing existing State authority over 
     9-1-1 services;
       (B) eliminating outdated 9-1-1 regulations at the Federal 
     level; and
       (C) preempting inconsistent State regulations.

                Subtitle C--Federal Spectrum Relocation

     SEC. 4301. RELOCATION OF AND SPECTRUM SHARING BY FEDERAL 
                   GOVERNMENT STATIONS.

       (a) In General.--Section 113 of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923) is amended--
       (1) in subsection (g)--
       (A) by striking the heading and inserting ``Relocation of 
     and Spectrum Sharing by Federal Government Stations'';
       (B) by amending paragraph (1) to read as follows:
       ``(1) Eligible federal entities.--Any Federal entity that 
     operates a Federal Government station authorized to use a 
     band of eligible frequencies described in paragraph (2) and 
     that incurs relocation or sharing costs because of planning 
     for an auction of spectrum frequencies or the reallocation of 
     spectrum frequencies from Federal use to exclusive non-
     Federal use or to shared use shall receive payment for such 
     relocation or sharing costs from the Spectrum Relocation 
     Fund, in accordance with this section and section 118. For 
     purposes of this paragraph, Federal power agencies exempted 
     under subsection (c)(4) that choose to relocate from the 
     frequencies identified for reallocation pursuant to 
     subsection (a) are eligible to receive payment under this 
     paragraph.'';
       (C) by amending paragraph (2)(B) to read as follows:
       ``(B) any other band of frequencies reallocated from 
     Federal use to exclusive non-Federal use or to shared use 
     after January 1, 2003, that is assigned by competitive 
     bidding pursuant to section 309(j) of the Communications Act 
     of 1934 (47 U.S.C. 309(j)).'';
       (D) by amending paragraph (3) to read as follows:
       ``(3) Relocation or sharing costs defined.--
       ``(A) In general.--For purposes of this section and section 
     118, the term `relocation or sharing costs' means the costs 
     incurred by a Federal entity in connection with the auction 
     of spectrum frequencies previously assigned to such entity or 
     the sharing of spectrum frequencies assigned to such entity 
     (including the auction or a planned auction of the rights to 
     use spectrum frequencies on a shared basis with such entity) 
     in order to achieve comparable capability of systems as 
     before the relocation or sharing arrangement. Such term 
     includes, with respect to relocation or sharing, as the case 
     may be--
       ``(i) the costs of any modification or replacement of 
     equipment, spares, associated ancillary equipment, software, 
     facilities, operating manuals, training, or compliance with 
     regulations that are attributable to relocation or sharing;
       ``(ii) the costs of all engineering, equipment, software, 
     site acquisition, and construction, as well as any legitimate 
     and prudent transaction expense, including term-limited 
     Federal civil servant and contractor staff necessary to carry 
     out the relocation or sharing activities of a Federal entity, 
     and reasonable additional costs incurred by the Federal 
     entity that are attributable to relocation or sharing, 
     including increased recurring costs associated with the 
     replacement of facilities;
       ``(iii) the costs of research, engineering studies, 
     economic analyses, or other expenses reasonably incurred in 
     connection with--

       ``(I) calculating the estimated relocation or sharing costs 
     that are provided to the Commission pursuant to paragraph 
     (4)(A);
       ``(II) determining the technical or operational feasibility 
     of relocation to 1 or more potential relocation bands; or
       ``(III) planning for or managing a relocation or sharing 
     arrangement (including spectrum coordination with auction 
     winners);

       ``(iv) the one-time costs of any modification of equipment 
     reasonably necessary--

       ``(I) to accommodate non-Federal use of shared frequencies; 
     or
       ``(II) in the case of eligible frequencies reallocated for 
     exclusive non-Federal use and assigned through a system of 
     competitive bidding under section 309(j) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)) but with 
     respect to which a Federal entity retains primary allocation 
     or protected status for a period of time after the completion 
     of the competitive bidding process, to accommodate shared 
     Federal and non-Federal use of such frequencies for such 
     period; and

       ``(v) the costs associated with the accelerated replacement 
     of systems and equipment if the acceleration is necessary to 
     ensure the timely relocation of systems to a new frequency 
     assignment or the timely accommodation of sharing of Federal 
     frequencies.
       ``(B) Comparable capability of systems.--For purposes of 
     subparagraph (A), comparable capability of systems--
       ``(i) may be achieved by relocating a Federal Government 
     station to a new frequency assignment, by relocating a 
     Federal Government station to a different geographic 
     location, by modifying Federal Government equipment to 
     mitigate interference or use less spectrum, in terms of 
     bandwidth, geography, or time, and thereby permitting 
     spectrum sharing (including sharing among relocated Federal 
     entities and incumbents to make spectrum available for non-
     Federal use) or relocation, or by utilizing an alternative 
     technology; and
       ``(ii) includes the acquisition of state-of-the-art 
     replacement systems intended to meet comparable operational 
     scope, which may include incidental increases in 
     functionality.'';
       (E) in paragraph (4)--
       (i) in the heading, by striking ``relocations costs'' and 
     inserting ``relocation or sharing costs'';
       (ii) by striking ``relocation costs'' each place it appears 
     and inserting ``relocation or sharing costs''; and
       (iii) in subparagraph (A), by inserting ``or sharing'' 
     after ``such relocation'';
       (F) in paragraph (5)--
       (i) by striking ``relocation costs'' and inserting 
     ``relocation or sharing costs''; and
       (ii) by inserting ``or sharing'' after ``for relocation''; 
     and
       (G) by amending paragraph (6) to read as follows:
       ``(6) Implementation of procedures.--The NTIA shall take 
     such actions as necessary to ensure the timely relocation of 
     Federal entities' spectrum-related operations from 
     frequencies described in paragraph (2) to frequencies or 
     facilities of comparable capability and to ensure the timely 
     implementation of arrangements for the sharing of frequencies 
     described in such paragraph. Upon a finding by the NTIA that 
     a Federal entity has achieved comparable capability of 
     systems, the NTIA shall terminate or limit the entity's 
     authorization and notify the Commission that the entity's 
     relocation has been completed or sharing arrangement has been 
     implemented. The NTIA shall also terminate such entity's 
     authorization if the NTIA determines that the entity has 
     unreasonably failed to comply with the timeline for 
     relocation or sharing submitted by the Director of the Office 
     of Management and Budget under section 118(d)(2)(C).'';
       (2) by redesignating subsections (h) and (i) as subsections 
     (k) and (l), respectively; and
       (3) by inserting after subsection (g) the following:
       ``(h) Development and Publication of Relocation or Sharing 
     Transition Plans.--
       ``(1) Development of transition plan by federal entity.--
     Not later than 240 days before the commencement of any 
     auction of eligible frequencies described in subsection 
     (g)(2), a

[[Page 19892]]

     Federal entity authorized to use any such frequency shall 
     submit to the NTIA and to the Technical Panel established by 
     paragraph (3) a transition plan for the implementation by 
     such entity of the relocation or sharing arrangement. The 
     NTIA shall specify, after public input, a common format for 
     all Federal entities to follow in preparing transition plans 
     under this paragraph.
       ``(2) Contents of transition plan.--The transition plan 
     required by paragraph (1) shall include the following 
     information:
       ``(A) The use by the Federal entity of the eligible 
     frequencies to be auctioned, current as of the date of the 
     submission of the plan.
       ``(B) The geographic location of the facilities or systems 
     of the Federal entity that use such frequencies.
       ``(C) The frequency bands used by such facilities or 
     systems, described by geographic location.
       ``(D) The steps to be taken by the Federal entity to 
     relocate its spectrum use from such frequencies or to share 
     such frequencies, including timelines for specific geographic 
     locations in sufficient detail to indicate when use of such 
     frequencies at such locations will be discontinued by the 
     Federal entity or shared between the Federal entity and non-
     Federal users.
       ``(E) The specific interactions between the eligible 
     Federal entity and the NTIA needed to implement the 
     transition plan.
       ``(F) The name of the officer or employee of the Federal 
     entity who is responsible for the relocation or sharing 
     efforts of the entity and who is authorized to meet and 
     negotiate with non-Federal users regarding the transition.
       ``(G) The plans and timelines of the Federal entity for--
       ``(i) using funds received from the Spectrum Relocation 
     Fund established by section 118;
       ``(ii) procuring new equipment and additional personnel 
     needed for relocation or sharing;
       ``(iii) field-testing and deploying new equipment needed 
     for relocation or sharing; and
       ``(iv) hiring and relying on contract personnel, if any, 
     needed for relocation or sharing.
       ``(H) Factors that could hinder fulfillment of the 
     transition plan by the Federal entity.
       ``(3) Technical panel.--
       ``(A) Establishment.--There is established within the NTIA 
     a panel to be known as the Technical Panel.
       ``(B) Membership.--
       ``(i) Number and appointment.--The Technical Panel shall be 
     composed of 3 members, to be appointed as follows:

       ``(I) One member to be appointed by the Director of the 
     Office of Management and Budget (in this subsection referred 
     to as `OMB').
       ``(II) One member to be appointed by the Assistant 
     Secretary.
       ``(III) One member to be appointed by the Chairman of the 
     Commission.

       ``(ii) Qualifications.--Each member of the Technical Panel 
     shall be a radio engineer or a technical expert.
       ``(iii) Initial appointment.--The initial members of the 
     Technical Panel shall be appointed not later than 180 days 
     after the date of the enactment of the Jumpstarting 
     Opportunity with Broadband Spectrum Act of 2011.
       ``(iv) Terms.--The term of a member of the Technical Panel 
     shall be 18 months, and no individual may serve more than 1 
     consecutive term.
       ``(v) Vacancies.--Any member appointed to fill a vacancy 
     occurring before the expiration of the term for which the 
     member's predecessor was appointed shall be appointed only 
     for the remainder of that term. A member may serve after the 
     expiration of that member's term until a successor has taken 
     office. A vacancy shall be filled in the manner in which the 
     original appointment was made.
       ``(vi) No compensation.--The members of the Technical Panel 
     shall not receive any compensation for service on the 
     Technical Panel. If any such member is an employee of the 
     agency of the official that appointed such member to the 
     Technical Panel, compensation in the member's capacity as 
     such an employee shall not be considered compensation under 
     this clause.
       ``(C) Administrative support.--The NTIA shall provide the 
     Technical Panel with the administrative support services 
     necessary to carry out its duties under this subsection and 
     subsection (i).
       ``(D) Regulations.--Not later than 180 days after the date 
     of the enactment of the Jumpstarting Opportunity with 
     Broadband Spectrum Act of 2011, the NTIA shall, after public 
     notice and comment and subject to approval by the Director of 
     OMB, adopt regulations to govern the workings of the 
     Technical Panel.
       ``(E) Certain requirements inapplicable.--The Federal 
     Advisory Committee Act (5 U.S.C. App.) and sections 552 and 
     552b of title 5, United States Code, shall not apply to the 
     Technical Panel.
       ``(4) Review of plan by technical panel.--
       ``(A) In general.--Not later than 30 days after the 
     submission of the plan under paragraph (1), the Technical 
     Panel shall submit to the NTIA and to the Federal entity a 
     report on the sufficiency of the plan, including whether the 
     plan includes the information required by paragraph (2) and 
     an assessment of the reasonableness of the proposed timelines 
     and estimated relocation or sharing costs, including the 
     costs of any proposed expansion of the capabilities of a 
     Federal system in connection with relocation or sharing.
       ``(B) Insufficiency of plan.--If the Technical Panel finds 
     the plan insufficient, the Federal entity shall, not later 
     than 90 days after the submission of the report by the 
     Technical panel under subparagraph (A), submit to the 
     Technical Panel a revised plan. Such revised plan shall be 
     treated as a plan submitted under paragraph (1).
       ``(5) Publication of transition plan.--Not later than 120 
     days before the commencement of the auction described in 
     paragraph (1), the NTIA shall make the transition plan 
     publicly available on its website.
       ``(6) Updates of transition plan.--As the Federal entity 
     implements the transition plan, it shall periodically update 
     the plan to reflect any changed circumstances, including 
     changes in estimated relocation or sharing costs or the 
     timeline for relocation or sharing. The NTIA shall make the 
     updates available on its website.
       ``(7) Classified and other sensitive information.--
       ``(A) Classified information.--If any of the information 
     required to be included in the transition plan of a Federal 
     entity is classified information (as defined in section 
     798(b) of title 18, United States Code), the entity shall--
       ``(i) include in the plan--

       ``(I) an explanation of the exclusion of any such 
     information, which shall be as specific as possible; and
       ``(II) all relevant non-classified information that is 
     available; and

       ``(ii) discuss as a factor under paragraph (2)(H) the 
     extent of the classified information and the effect of such 
     information on the implementation of the relocation or 
     sharing arrangement.
       ``(B) Regulations.--Not later than 180 days after the date 
     of the enactment of the Jumpstarting Opportunity with 
     Broadband Spectrum Act of 2011, the NTIA, in consultation 
     with the Director of OMB and the Secretary of Defense, shall 
     adopt regulations to ensure that the information publicly 
     released under paragraph (5) or (6) does not contain 
     classified information or other sensitive information.
       ``(i) Dispute Resolution Process.--
       ``(1) In general.--If a dispute arises between a Federal 
     entity and a non-Federal user regarding the execution, 
     timing, or cost of the transition plan submitted by the 
     Federal entity under subsection (h)(1), the Federal entity or 
     the non-Federal user may request that the NTIA establish a 
     dispute resolution board to resolve the dispute.
       ``(2) Establishment of board.--
       ``(A) In general.--If the NTIA receives a request under 
     paragraph (1), it shall establish a dispute resolution board.
       ``(B) Membership and appointment.--The dispute resolution 
     board shall be composed of 3 members, as follows:
       ``(i) A representative of the Office of Management and 
     Budget (in this subsection referred to as `OMB'), to be 
     appointed by the Director of OMB.
       ``(ii) A representative of the NTIA, to be appointed by the 
     Assistant Secretary.
       ``(iii) A representative of the Commission, to be appointed 
     by the Chairman of the Commission.
       ``(C) Chair.--The representative of OMB shall be the Chair 
     of the dispute resolution board.
       ``(D) Vacancies.--Any vacancy in the dispute resolution 
     board shall be filled in the manner in which the original 
     appointment was made.
       ``(E) No compensation.--The members of the dispute 
     resolution board shall not receive any compensation for 
     service on the board. If any such member is an employee of 
     the agency of the official that appointed such member to the 
     board, compensation in the member's capacity as such an 
     employee shall not be considered compensation under this 
     subparagraph.
       ``(F) Termination of board.--The dispute resolution board 
     shall be terminated after it rules on the dispute that it was 
     established to resolve and the time for appeal of its 
     decision under paragraph (7) has expired, unless an appeal 
     has been taken under such paragraph. If such an appeal has 
     been taken, the board shall continue to exist until the 
     appeal process has been exhausted and the board has completed 
     any action required by a court hearing the appeal.
       ``(3) Procedures.--The dispute resolution board shall meet 
     simultaneously with representatives of the Federal entity and 
     the non-Federal user to discuss the dispute. The dispute 
     resolution board may require the parties to make written 
     submissions to it.
       ``(4) Deadline for decision.--The dispute resolution board 
     shall rule on the dispute not later than 30 days after the 
     request was made to the NTIA under paragraph (1).
       ``(5) Assistance from technical panel.--The Technical Panel 
     established under subsection (h)(3) shall provide the dispute 
     resolution board with such technical assistance as the board 
     requests.
       ``(6) Administrative support.--The NTIA shall provide the 
     dispute resolution board with the administrative support 
     services necessary to carry out its duties under this 
     subsection.
       ``(7) Appeals.--A decision of the dispute resolution board 
     may be appealed to the United States Court of Appeals for the 
     District of Columbia Circuit by filing a notice of appeal 
     with that court not later than 30 days after the date of such 
     decision. Each party shall bear its own costs and expenses, 
     including attorneys' fees, for any appeal under this 
     paragraph.
       ``(8) Regulations.--Not later than 180 days after the date 
     of the enactment of the Jumpstarting Opportunity with 
     Broadband Spectrum Act of 2011, the NTIA shall, after public 
     notice and comment and subject to approval by OMB, adopt 
     regulations to govern the working of any dispute resolution 
     boards established under paragraph (2)(A) and the role of the 
     Technical Panel in assisting any such board.

[[Page 19893]]

       ``(9) Certain requirements inapplicable.--The Federal 
     Advisory Committee Act (5 U.S.C. App.) and sections 552 and 
     552b of title 5, United States Code, shall not apply to a 
     dispute resolution board established under paragraph (2)(A).
       ``(j) Relocation Prioritized Over Sharing.--
       ``(1) In general.--In evaluating a band of frequencies for 
     possible reallocation for exclusive non-Federal use or shared 
     use, the NTIA shall give priority to options involving 
     reallocation of the band for exclusive non-Federal use and 
     shall choose options involving shared use only when it 
     determines, in consultation with the Director of the Office 
     of Management and Budget, that relocation of a Federal entity 
     from the band is not feasible because of technical or cost 
     constraints.
       ``(2) Notification of congress when sharing chosen.--If the 
     NTIA determines under paragraph (1) that relocation of a 
     Federal entity from the band is not feasible, the NTIA shall 
     notify the Committee on Commerce, Science, and Transportation 
     of the Senate and the Committee on Energy and Commerce of the 
     House of Representatives of the determination, including the 
     specific technical or cost constraints on which the 
     determination is based.''.
       (b) Conforming Amendment.--Section 309(j) of the 
     Communications Act of 1934, as amended by section 4105, is 
     further amended by striking ``relocation costs'' each place 
     it appears and inserting ``relocation or sharing costs''.

     SEC. 4302. SPECTRUM RELOCATION FUND.

       Section 118 of the National Telecommunications and 
     Information Administration Organization Act (47 U.S.C. 928) 
     is amended--
       (1) by striking ``relocation costs'' each place it appears 
     and inserting ``relocation or sharing costs'';
       (2) by amending subsection (c) to read as follows:
       ``(c) Use of Funds.--The amounts in the Fund from auctions 
     of eligible frequencies are authorized to be used to pay 
     relocation or sharing costs of an eligible Federal entity 
     incurring such costs with respect to relocation from or 
     sharing of those frequencies.'';
       (3) in subsection (d)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by inserting ``or sharing'' before 
     the semicolon;
       (ii) in subparagraph (B), by inserting ``or sharing'' 
     before the period at the end;
       (iii) by redesignating subparagraphs (A) and (B) as 
     subparagraphs (B) and (C), respectively; and
       (iv) by inserting before subparagraph (B), as so 
     redesignated, the following:
       ``(A) unless the eligible Federal entity has submitted a 
     transition plan to the NTIA as required by paragraph (1) of 
     section 113(h), the Technical Panel has found such plan 
     sufficient under paragraph (4) of such section, and the NTIA 
     has made available such plan on its website as required by 
     paragraph (5) of such section;'';
       (B) by striking paragraph (3); and
       (C) by adding at the end the following:
       ``(3) Transfers for pre-auction costs.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Director of OMB may transfer to an eligible Federal entity, 
     at any time (including prior to a scheduled auction), such 
     sums as may be available in the Fund to pay relocation or 
     sharing costs related to pre-auction estimates or research, 
     as such costs are described in section 113(g)(3)(A)(iii).
       ``(B) Notification.--No funds may be transferred pursuant 
     to subparagraph (A) unless--
       ``(i) the notification provided under paragraph (2)(C) 
     includes a certification from the Director of OMB that--

       ``(I) funds transferred before an auction will likely allow 
     for timely implementation of relocation or sharing, thereby 
     increasing net expected auction proceeds by an amount not 
     less than the time value of the amount of funds transferred; 
     and
       ``(II) the auction is intended to occur not later than 5 
     years after transfer of funds; and

       ``(ii) the transition plan submitted by the eligible 
     Federal entity under section 113(h)(1) provides--

       ``(I) to the fullest extent possible, for sharing and 
     coordination of eligible frequencies with non-Federal users, 
     including reasonable accommodation by the eligible Federal 
     entity for the use of eligible frequencies by non-Federal 
     users during the period that the entity is relocating its 
     spectrum uses (in this clause referred to as the `transition 
     period');
       ``(II) for non-Federal users to be able to use eligible 
     frequencies during the transition period in geographic areas 
     where the eligible Federal entity does not use such 
     frequencies;
       ``(III) that the eligible Federal entity will, during the 
     transition period, make itself available for negotiation and 
     discussion with non-Federal users not later than 30 days 
     after a written request therefor; and
       ``(IV) that the eligible Federal entity will, during the 
     transition period, make available to a non-Federal user with 
     appropriate security clearances any classified information 
     (as defined in section 798(b) of title 18, United States 
     Code) regarding the relocation process, on a need-to-know 
     basis, to assist the non-Federal user in the relocation 
     process with such eligible Federal entity or other eligible 
     Federal entities.

       ``(C) Applicability to certain costs.--
       ``(i) In general.--The Director of OMB may transfer under 
     subparagraph (A) not more than $10,000,000 for costs incurred 
     after June 28, 2010, but before the date of the enactment of 
     the Jumpstarting Opportunity with Broadband Spectrum Act of 
     2011.
       ``(ii) Supplement not supplant.--Any amounts transferred by 
     the Director of OMB pursuant to clause (i) shall be in 
     addition to any amounts that the Director of OMB may transfer 
     for costs incurred on or after the date of the enactment of 
     the Jumpstarting Opportunity with Broadband Spectrum Act of 
     2011.
       ``(4) Reversion of unused funds.--Any amounts in the Fund 
     that are remaining after the payment of the relocation or 
     sharing costs that are payable from the Fund shall revert to 
     and be deposited in the general fund of the Treasury, for the 
     sole purpose of deficit reduction, not later than 8 years 
     after the date of the deposit of such proceeds to the Fund, 
     unless within 60 days in advance of the reversion of such 
     funds, the Director of OMB, in consultation with the NTIA, 
     notifies the congressional committees described in paragraph 
     (2)(C) that such funds are needed to complete or to implement 
     current or future relocation or sharing arrangements.'';
       (4) in subsection (e)--
       (A) in paragraph (1)(B)--
       (i) in clause (i), by striking ``subsection (d)(2)(A)'' and 
     inserting ``subsection (d)(2)(B)''; and
       (ii) in clause (ii), by striking ``subsection (d)(2)(B)'' 
     and inserting ``subsection (d)(2)(C)''; and
       (B) in paragraph (2)--
       (i) by striking ``entity's relocation'' and inserting 
     ``relocation of the entity or implementation of the sharing 
     arrangement by the entity'';
       (ii) by inserting ``or the implementation of such 
     arrangement'' after ``such relocation''; and
       (iii) by striking ``subsection (d)(2)(A)'' and inserting 
     ``subsection (d)(2)(B)''; and
       (5) by adding at the end the following:
       ``(f) Additional Payments From Fund.--
       ``(1) Amounts available.--Notwithstanding subsections (c) 
     through (e), after the date of the enactment of the 
     Jumpstarting Opportunity with Broadband Spectrum Act of 2011, 
     there are appropriated from the Fund and available to the 
     Director of OMB for use in accordance with paragraph (2) not 
     more than 10 percent of the amounts deposited in the Fund 
     from auctions occurring after such date of enactment of 
     licenses for the use of spectrum vacated by eligible Federal 
     entities.
       ``(2) Use of amounts.--
       ``(A) In general.--The Director of OMB, in consultation 
     with the NTIA, may use amounts made available under paragraph 
     (1) to make payments to eligible Federal entities that are 
     implementing a transition plan submitted under section 
     113(h)(1) in order to encourage such entities to complete the 
     implementation more quickly, thereby encouraging timely 
     access to the eligible frequencies that are being reallocated 
     for exclusive non-Federal use or shared use.
       ``(B) Conditions.--In the case of any payment by the 
     Director of OMB under subparagraph (A)--
       ``(i) such payment shall be based on the market value of 
     the eligible frequencies, the timeliness with which the 
     eligible Federal entity clears its use of such frequencies, 
     and the need for such frequencies in order for the entity to 
     conduct its essential missions;
       ``(ii) the eligible Federal entity shall use such payment 
     for the purposes specified in clauses (i) through (v) of 
     section 113(g)(3)(A) to achieve comparable capability of 
     systems affected by the reallocation of eligible frequencies 
     from Federal use to exclusive non-Federal use or to shared 
     use;
       ``(iii) such payment may not be made if the amount 
     remaining in the Fund after such payment will be less than 10 
     percent of the winning bids in the auction of the spectrum 
     with respect to which the Federal entity is incurring 
     relocation or sharing costs; and
       ``(iv) such payment may not be made until 30 days after the 
     Director of OMB has notified the congressional committees 
     described in subsection (d)(2)(C).''.

     SEC. 4303. NATIONAL SECURITY AND OTHER SENSITIVE INFORMATION.

       Part B of title I of the National Telecommunications and 
     Information Administration Organization Act (47 U.S.C. 921 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 119. NATIONAL SECURITY AND OTHER SENSITIVE 
                   INFORMATION.

       ``(a) Determination.--If the head of an Executive agency 
     (as defined in section 105 of title 5, United States Code) 
     determines that public disclosure of any information 
     contained in a notification or report required by section 113 
     or 118 would reveal classified national security information, 
     or other information for which there is a legal basis for 
     nondisclosure and the public disclosure of which would be 
     detrimental to national security, homeland security, or 
     public safety or would jeopardize a law enforcement 
     investigation, the head of the Executive agency shall notify 
     the Assistant Secretary of that determination prior to the 
     release of such information.
       ``(b) Inclusion in Annex.--The head of the Executive agency 
     shall place the information with respect to which a 
     determination was made under subsection (a) in a separate 
     annex to the notification or report required by section 113 
     or 118. The annex shall be provided to the subcommittee of 
     primary jurisdiction of the congressional committee of 
     primary jurisdiction in accordance with appropriate national 
     security stipulations but shall not be disclosed to the 
     public or provided to any unauthorized person through any 
     means.''.

[[Page 19894]]



            Subtitle D--Telecommunications Development Fund

     SEC. 4401. NO ADDITIONAL FEDERAL FUNDS.

       Section 309(j)(8)(C)(iii) of the Communications Act of 1934 
     (47 U.S.C. 309(j)(8)(C)(iii)) is amended to read as follows:
       ``(iii) the interest accrued to the account shall be 
     deposited in the general fund of the Treasury, where such 
     amount shall be dedicated for the sole purpose of deficit 
     reduction.''.

     SEC. 4402. INDEPENDENCE OF THE FUND.

       Section 714 of the Communications Act of 1934 (47 U.S.C. 
     614) is amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) Independent Board of Directors.--The Fund shall have 
     a Board of Directors consisting of 5 people with experience 
     in areas including finance, investment banking, government 
     banking, communications law and administrative practice, and 
     public policy. The Board of Directors shall select annually a 
     Chair from among the directors. A nominating committee, 
     comprised of the Chair and 2 other directors selected by the 
     Chair, shall appoint additional directors. The Fund's bylaws 
     shall regulate the other aspects of the Board of Directors, 
     including provisions relating to meetings, quorums, 
     committees, and other matters, all as typically contained in 
     the bylaws of a similar private investment fund.'';
       (2) in subsection (d)--
       (A) by striking ``(after consultation with the Commission 
     and the Secretary of the Treasury)'';
       (B) by striking paragraph (1); and
       (C) by redesignating paragraphs (2) through (4) as 
     paragraphs (1) through (3), respectively; and
       (3) in subsection (g), by striking ``subsection (d)(2)'' 
     and inserting ``subsection (d)(1)''.

                            TITLE V--OFFSETS

                       Subtitle A--Guarantee Fees

     SEC. 5001. GUARANTEE FEES.

       Subpart A of part 2 of subtitle A of title XIII of the 
     Housing and Community Development Act of 1992 is amended by 
     adding after section 1326 (12 U.S.C. 4546) the following new 
     section:

     ``SEC. 1327. ENTERPRISE GUARANTEE FEES.

       ``(a) Definitions.--For purposes of this section, the 
     following definitions shall apply:
       ``(1) Guarantee fee.--The term `guarantee fee'--
       ``(A) means a fee described in subsection (b); and
       ``(B) includes--
       ``(i) the guaranty fee charged by the Federal National 
     Mortgage Association with respect to mortgage-backed 
     securities; and
       ``(ii) the management and guarantee fee charged by the 
     Federal Home Loan Mortgage Corporation with respect to 
     participation certificates.
       ``(2) Average fees.--The term `average fees' means the 
     average contractual fee rate of single-family guaranty 
     arrangements by an enterprise entered into during 2011, plus 
     the recognition of any up-front cash payments over an 
     estimated average life, expressed in terms of basis points. 
     Such definition shall be interpreted in a manner consistent 
     with the annual report on guarantee fees by the Federal 
     Housing Finance Agency.
       ``(b) Increase.--
       ``(1) In general.--
       ``(A) Phased increase required.--Subject to subsection (c), 
     the Director shall require each enterprise to charge a 
     guarantee fee in connection with any guarantee of the timely 
     payment of principal and interest on securities, notes, and 
     other obligations based on or backed by mortgages on 
     residential real properties designed principally for 
     occupancy of from 1 to 4 families, consummated after the date 
     of enactment of this section.
       ``(B) Amount.--The amount of the increase required under 
     this section shall be determined by the Director to 
     appropriately reflect the risk of loss, as well the cost of 
     capital allocated to similar assets held by other fully 
     private regulated financial institutions, but such amount 
     shall be not less than an average increase of 10 basis points 
     for each origination year or book year above the average fees 
     imposed in 2011 for such guarantees. The Director shall 
     prohibit an enterprise from offsetting the cost of the fee to 
     mortgage originators, borrowers, and investors by decreasing 
     other charges, fees, or premiums, or in any other manner.
       ``(2) Authority to limit offer of guarantee.--The Director 
     shall prohibit an enterprise from consummating any offer for 
     a guarantee to a lender for mortgage-backed securities, if--
       ``(A) the guarantee is inconsistent with the requirements 
     of this section; or
       ``(B) the risk of loss is allowed to increase, through 
     lowering of the underwriting standards or other means, for 
     the primary purpose of meeting the requirements of this 
     section.
       ``(3) Deposit in treasury.--To the extent that amounts are 
     received from fee increases imposed under this section that 
     are necessary to comply with the minimum increase required by 
     this subsection, such amounts shall be deposited directly 
     into the United States Treasury, and shall be available only 
     to the extent provided in subsequent appropriations Acts. 
     Such fees shall not be considered a reimbursement to the 
     Federal Government for the costs or subsidy provided to an 
     enterprise.
       ``(c) Phase-In.--
       ``(1) In general.--The Director may provide for compliance 
     with subsection (b) by allowing each enterprise to increase 
     the guarantee fee charged by the enterprise gradually over 
     the 2-year period beginning on the date of enactment of this 
     section, in a manner sufficient to comply with this section. 
     In determining a schedule for such increases, the Director 
     shall--
       ``(A) provide for uniform pricing among lenders;
       ``(B) provide for adjustments in pricing based on risk 
     levels; and
       ``(C) take into consideration conditions in financial 
     markets.
       ``(2) Rule of construction.--Nothing in this subsection 
     shall be interpreted to undermine the minimum increase 
     required by subsection (b).
       ``(d) Information Collection and Annual Analysis.--The 
     Director shall require each enterprise to provide to the 
     Director, as part of its annual report submitted to 
     Congress--
       ``(1) a description of--
       ``(A) changes made to up-front fees and annual fees as part 
     of the guarantee fees negotiated with lenders; and
       ``(B) changes to the riskiness of the new borrowers 
     compared to previous origination years or book years; and
       ``(2) an assessment of how the changes in the guarantee 
     fees described in paragraph (1) met the requirements of 
     subsection (b).
       ``(e) Enforcement.--
       ``(1) Required adjustments.--Based on the information from 
     subsection (d) and any other information the Director deems 
     necessary, the Director shall require an enterprise to make 
     adjustments in its guarantee fee in order to be in compliance 
     with subsection (b).
       ``(2) Noncompliance penalty.--An enterprise that has been 
     found to be out of compliance with subsection (b) for any 2 
     consecutive years shall be precluded from providing any 
     guarantee for a period, determined by rule of the Director, 
     but in no case less than 1 year.
       ``(3) Rule of construction.--Nothing in this subsection 
     shall be interpreted as preventing the Director from 
     initiating and implementing an enforcement action against an 
     enterprise, at a time the Director deems necessary, under 
     other existing enforcement authority.
       ``(f) Authority for Other Increases.--Nothing in this 
     section may be construed to prohibiting, restricting, or 
     limiting increases, other than pursuant to this section, in 
     the guarantee fees charged by an enterprise.
       ``(g) Expiration.--The provisions of this section shall 
     expire on October 1, 2021.''.

                 Subtitle B--Social Security Provisions

     SEC. 5101. INFORMATION FOR ADMINISTRATION OF SOCIAL SECURITY 
                   PROVISIONS RELATED TO NONCOVERED EMPLOYMENT.

       (a) Collection.--Subsection (d) of section 6047 of the 
     Internal Revenue Code of 1986 is amended by redesignating 
     paragraph (2) as paragraph (3) and by inserting after 
     paragraph (1) the following new paragraph:
       ``(2) Deferred compensation plans of a state.--
       ``(A) In general.--In the case of any employer deferred 
     compensation plan (as defined in section 3405(e)(5)) of a 
     State, a political subdivision thereof, or any agency or 
     instrumentality of any of the foregoing, the Secretary shall 
     in such forms or regulations require, to the extent such 
     information is known or should be known, the identification 
     of any designated distribution (as defined in section 
     3405(e)(1)) if paid to any participant or beneficiary of such 
     plan based in whole or in part upon an individual's earnings 
     for service in the employ of any such governmental entity.
       ``(B) State.--For purposes of subparagraph (A), the term 
     `State' includes the District of Columbia, the Commonwealth 
     or Puerto Rico, the Virgin Island, Guam, and American 
     Samoa.''.
       (b) Disclosure.--Paragraph (1) of section 6103(l) of such 
     Code is amended by striking ``and'' at the end of 
     subparagraph (B), by striking the period at the end of 
     subparagraph (C) and inserting ``; and'', and by adding at 
     the end the following:
       ``(D) any designated distribution described in section 
     6047(d)(2) to the Social Security Administration for purposes 
     of its administration of the Social Security Act.''.
       (c) Effective Dates.--
       (1) Subsection (a).--The amendments made by subsection (a) 
     shall apply to distributions made after December 31, 2012.
       (2) Subsection (b).--The amendment made by subsection (b) 
     shall apply to disclosures made after December 31, 2012.

                      Subtitle C--Child Tax Credit

     SEC. 5201. SOCIAL SECURITY NUMBER REQUIRED TO CLAIM THE 
                   REFUNDABLE PORTION OF THE CHILD TAX CREDIT.

       (a) In General.--Subsection (d) of section 24 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(5) Identification requirement with respect to 
     taxpayer.--
       ``(A) In general.--Paragraph (1) shall not apply to any 
     taxpayer for any taxable year unless the taxpayer includes 
     the taxpayer's Social Security number on the return of tax 
     for such taxable year.
       ``(B) Joint returns.--In the case of a joint return, the 
     requirement of subparagraph (A) shall be treated as met if 
     the Social Security number of either spouse is included on 
     such return.''.
       (b) Omission Treated as Mathematical or Clerical Error.--
     Subparagraph (I) of section 6213(g)(2) of such Code is 
     amended to read as follows:
       ``(I) an omission of a correct Social Security number 
     required under section 24(d)(5) (relating to refundable 
     portion of child tax credit), or a correct TIN under section 
     24(e) (relating to child tax credit), to be included on a 
     return,''.

[[Page 19895]]

       (c) Conforming Amendment.--Subsection (e) of section 24 of 
     such Code is amended by inserting ``With Respect to 
     Qualifying Children'' after ``Identification Requirement'' in 
     the heading thereof.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

       Subtitle D--Eliminating Taxpayer Benefits for Millionaires

     SEC. 5301. ENDING UNEMPLOYMENT AND SUPPLEMENTAL NUTRITION 
                   ASSISTANCE PROGRAM BENEFITS FOR MILLIONAIRES.

       (a) Ending Unemployment Benefits for Millionaires.--
       (1) In general.--Subtitle E of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     chapter:

             ``CHAPTER 56--EXCESS UNEMPLOYMENT COMPENSATION

``Sec. 5895. Excess unemployment compensation.

     ``SEC. 5895. EXCESS UNEMPLOYMENT COMPENSATION.

       ``(a) Imposition of Tax.--There is hereby imposed a tax 
     equal to 100 percent of the excess unemployment compensation 
     received by a taxpayer in any taxable year.
       ``(b) Excess Unemployment Compensation.--For purposes of 
     this section, the term `excess unemployment compensation' 
     means, with respect to any State, the amount which bears the 
     same ratio (not to exceed 1) to the amount of unemployment 
     compensation received by the taxpayer from such State in the 
     taxable year as--
       ``(1) the excess of--
       ``(A) the taxpayer's adjusted gross income for such taxable 
     year, over
       ``(B) $750,000 ($1,500,000 in the case of a joint return), 
     bears to
       ``(2) $250,000 ($500,000 in the case of a joint return).
       ``(c) Additional Definitions.--For purposes of this 
     section--
       ``(1) Adjusted gross income.--The term `adjusted gross 
     income' has the meaning given such term by section 62.
       ``(2) Unemployment compensation.--The term `unemployment 
     compensation' has the meaning given such term by section 
     85(b).
       ``(d) Administrative Provisions.--For purposes of the 
     deficiency procedures of subtitle F, any tax imposed by this 
     section shall be treated as a tax imposed by subtitle A.
       ``(e) Transfer of Tax Receipts.--With respect to excess 
     unemployment compensation received by any taxpayer from a 
     State, there is hereby appropriated to the unemployment fund 
     (as defined in section 3306(f)) of such State, an amount 
     equal to the amount of the tax imposed under subsection (a) 
     on such excess unemployment compensation received in the 
     Treasury.''.
       (2) Tax not deductible.--Section 275(a) of the Internal 
     Revenue Code of 1986 is amended by inserting after paragraph 
     (6) the following new paragraph:
       ``(7) Tax imposed by section 5895.''.
       (3) Clerical amendment.--The table of chapters for subtitle 
     E of the Internal Revenue Code of 1986 is amended by adding 
     at the end the following new item:

           ``Chapter 56--Excess Unemployment Compensation''.

       (4) Effective date.--The amendments made by this subsection 
     shall apply to unemployment compensation received in taxable 
     years beginning after December 31, 2011.
       (b) Ending Supplemental Nutrition Assistance Program 
     Benefits for Millionaires.--
       (1) In general.--Section 6 of the Food and Nutrition Act of 
     2008 (7 U.S.C. 2015) is amended by adding at the end the 
     following:
       ``(r) Disqualification for Receipt of Assets of at Least 
     $1,000,000.--Any household in which a member receives income 
     or assets with a fair market value of at least $1,000,000 
     shall, immediately on the receipt of the assets, become 
     ineligible for further participation in the program until the 
     date on which the household meets the income eligibility and 
     allowable financial resources standards under section 5.''.
       (2) Conforming amendments.--Section 5(a) of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended in the 
     second sentence by striking ``sections 6(b), 6(d)(2), and 
     6(g)'' and inserting ``subsections (b), (d)(2), (g), and (r) 
     of section 6''.

                 Subtitle E--Federal Civilian Employees

                      PART 1--RETIREMENT ANNUITIES

     SEC. 5401. SHORT TITLE.

       This part may be cited as the ``Securing Annuities for 
     Federal Employees Act of 2011''.

     SEC. 5402. RETIREMENT CONTRIBUTIONS.

       (a) Civil Service Retirement System.--
       (1) Individual contributions.--Section 8334(a)(1)(A) of 
     title 5, United States Code, is amended--
       (A) by striking ``(a)(1)(A) The'' and inserting 
     ``(a)(1)(A)(i) Except as provided in clause (ii), the''; and
       (B) by adding at the end the following:
       ``(ii) The percentage of basic pay to be deducted and 
     withheld under clause (i) shall--
       ``(I) for each of calendar years 2013, 2014, and 2015, be 
     equal to the percentage that applied in the preceding 
     calendar year (as increased under this subclause, if 
     applicable), plus an additional 0.5 percentage point; and
       ``(II) for each calendar year after 2015, be equal to the 
     applicable percentage for calendar year 2015 (as determined 
     under subclause (I)).''.
       (2) Government contributions.--Section 8334(a)(1)(B) of 
     title 5, United States Code, is amended--
       (A) in clause (i), by striking ``Except as provided in 
     clause (ii),'' and inserting ``Except as provided in clause 
     (ii) or (iii),''; and
       (B) by adding at the end the following:
       ``(iii) The amount to be contributed under clause (i) 
     shall, with respect to a period in any calendar year 
     specified in subparagraph (A)(ii), be equal to--
       ``(I) the amount that would otherwise apply under clause 
     (i), reduced by
       ``(II) the amount by which the withholding under 
     subparagraph (A) exceeds the amount which would (but for 
     clause (ii) of such subparagraph) otherwise have been 
     withheld under such subparagraph from the basic pay of the 
     employee or elected official involved with respect to such 
     period.''.
       (3) Offset rule.--Section 8334(k) of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(5) This subsection shall be applied in a manner 
     consistent with subsections (a)(1)(A)(ii) and (a)(1)(B)(iii) 
     of section 8334.''.
       (b) Federal Employees' Retirement System.--Section 8422(a) 
     of title 5, United States Code, is amended--
       (1) in paragraph (1), by striking ``paragraph (2).'' and 
     inserting ``this subsection.''; and
       (2) by adding at the end the following:
       ``(4) Notwithstanding any other provision of this 
     subsection, the percentage to be deducted and withheld under 
     this subsection shall--
       ``(A) for each of calendar years 2013, 2014, and 2015, be 
     equal to the percentage that applied in the preceding 
     calendar year under this subsection (including this 
     subparagraph, if applicable), plus an additional 0.5 
     percentage point; and
       ``(B) for each calendar year after 2015, be equal to the 
     applicable percentage for calendar year 2015 (as determined 
     under subparagraph (A)).''.
       (c) Foreign Service.--For provisions of law requiring 
     maintenance of existing conformity--
       (1) between the Civil Service Retirement System and the 
     Foreign Service Retirement System, and
       (2) between the Federal Employees' Retirement System and 
     the Foreign Service Pension System,

     see section 827 of the Foreign Service Act of 1980 (22 U.S.C. 
     4067).
       (d) CIARDS.--
       (1) Compatibility with csrs.--In order to carry out the 
     purposes of this section with respect to the Central 
     Intelligence Agency Retirement and Disability System, the 
     authority under section 292 of the Central Intelligence 
     Agency Retirement Act (50 U.S.C. 2141) shall be applied.
       (2) Applicability of fers.--For provisions of law providing 
     for the application of the Federal Employees' Retirement 
     System with respect to employees of the Central Intelligence 
     Agency, see title III of the Central Intelligence Agency 
     Retirement Act (50 U.S.C. 2151 and following).
       (e) TVA.--Section 3 of the Tennessee Valley Authority Act 
     of 1933 (16 U.S.C. 831b) is amended by adding at the end the 
     following:
       ``(c) The chief executive officer shall prescribe any 
     regulations which may be necessary in order to carry out the 
     purposes of the Securing Annuities for Federal Employees Act 
     of 2011 with respect to any defined benefit plan covering 
     employees of the Tennessee Valley Authority.''.

     SEC. 5403. AMENDMENTS RELATING TO SECURE ANNUITY EMPLOYEES.

       (a) Definition of Secure Annuity Employee.--Section 8401 of 
     title 5, United States Code, is amended--
       (1) in paragraph (35), by striking ``and'' at the end;
       (2) in paragraph (36), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(37) the term `secure annuity employee' means an employee 
     or Member who--
       ``(A) first becomes subject to this chapter after December 
     31, 2012; and
       ``(B) at the time of first becoming subject to this 
     chapter, does not have at least 5 years of civilian service 
     creditable under the Civil Service Retirement System or any 
     other retirement system for Government employees.''.
       (b) Individual Contributions.--Section 8422(a) of title 5, 
     United States Code (as amended by section 2(b)) is further 
     amended--
       (1) in paragraph (4) (as added by section 2(b)), in the 
     matter before subparagraph (A), by inserting ``and except in 
     the case of a secure annuity employee,'' after ``this 
     subsection''; and
       (2) by adding after paragraph (4) (as so added) the 
     following:
       ``(5) Notwithstanding any other provision of this 
     subsection, in the case of a secure annuity employee, the 
     percentage to be deducted and withheld shall be computed 
     under paragraphs (1) through (3), except that the applicable 
     percentage under paragraph (3) for civilian service shall--
       ``(A) in the case of a secure annuity employee who is an 
     employee, be equal to 10.2 percent; and
       ``(B) in the case of a secure annuity employee who is not 
     subject to subparagraph (A), 10.7 percent.''.
       (c) Average Pay.--Section 8401(3) of title 5, United States 
     Code, is amended--
       (1) by striking ``(3)'' and inserting ``(3)(A)''; and
       (2) by adding ``except that'' after the semicolon; and
       (3) by adding at the end the following:
       ``(B) in the case of a secure annuity employee, the term 
     `average pay' has the meaning determined applying 
     subparagraph (A)--

[[Page 19896]]

       ``(i) by substituting `5 consecutive years' for `3 
     consecutive years'; and
       ``(ii) by substituting `5 years' for `3 years'.''.
       (d) Computation of Basic Annuity.--Section 8415 of title 5, 
     United States Code, is amended--
       (1) by striking subsections (a) through (e) and inserting 
     the following:
       ``(a) Except as otherwise provided in this section, the 
     annuity of an employee retiring under this subchapter is--
       ``(1) except as provided under paragraph (2), 1 percent of 
     that individual's average pay multiplied by such individual's 
     total service; or
       ``(2) in the case of a secure annuity employee, 0.7 percent 
     of that individual's average pay multiplied by such 
     individual's total service.
       ``(b) The annuity of a Member, or former Member with title 
     to a Member annuity, retiring under this subchapter is 
     computed under subsection (a), except that if the individual 
     has had at least 5 years of service as a Member or 
     Congressional employee, or any combination thereof, so much 
     of the annuity as is computed with respect to either such 
     type of service (or a combination thereof), not exceeding a 
     total of 20 years, shall be computed--
       ``(1) except as provided under paragraph (2), by 
     multiplying 1.7 percent of the individual's average pay by 
     the years of such service; or
       ``(2) in the case of an individual who is a secure annuity 
     employee, by multiplying 1.4 percent of the individual's 
     average pay by the years of such service.
       ``(c) The annuity of a Congressional employee, or former 
     Congressional employee, retiring under this subchapter is 
     computed under subsection (a), except that if the individual 
     has had at least 5 years of service as a Congressional 
     employee or Member, or any combination thereof, so much of 
     the annuity as is computed with respect to either such type 
     of service (or a combination thereof), not exceeding a total 
     of 20 years, shall be computed--
       ``(1) except as provided under paragraph (2), by 
     multiplying 1.7 percent of the individual's average pay by 
     the years of such service; or
       ``(2) in the case of an individual who is a secure annuity 
     employee, by multiplying 1.4 percent of the individual's 
     average pay by the years of such service.
       ``(d) The annuity of an employee retiring under subsection 
     (d) or (e) of section 8412 or under subsection (a), (b), or 
     (c) of section 8425 is--
       ``(1) except as provided under paragraph (2)--
       ``(A) 1.7 percent of that individual's average pay 
     multiplied by so much of such individual's total service as 
     does not exceed 20 years; plus
       ``(B) 1 percent of that individual's average pay multiplied 
     by so much of such individual's total service as exceeds 20 
     years; or
       ``(2) in the case of an individual who is a secure annuity 
     employee--
       ``(A) 1.4 percent of that individual's average pay 
     multiplied by so much of such individual's total service as 
     does not exceed 20 years; plus
       ``(B) 0.7 percent of that individual's average pay 
     multiplied by so much of such individual's total service as 
     exceeds 20 years.
       ``(e) The annuity of an air traffic controller or former 
     air traffic controller retiring under section 8412(a) is 
     computed under subsection (a), except that if the individual 
     has had at least 5 years of service as an air traffic 
     controller as defined by section 2109(1)(A)(i), so much of 
     the annuity as is computed with respect to such type of 
     service shall be computed--
       ``(1) except as provided under paragraph (2), by 
     multiplying 1.7 percent of the individual's average pay by 
     the years of such service; or
       ``(2) in the case of an individual who is a secure annuity 
     employee, by multiplying 1.4 percent of the individual's 
     average pay by the years of such service.''; and
       (2) in subsection (h)--
       (A) in paragraph (1), by striking ``subsection (a)'' and 
     inserting ``subsection (a)(1)''; and
       (B) in paragraph (2), in the matter following subparagraph 
     (B), by striking ``or customs and border protection officer'' 
     and inserting ``customs and border protection officer, or 
     secure annuity employee.''.

     SEC. 5404. ANNUITY SUPPLEMENT.

       Section 8421(a) of title 5, United States Code, is 
     amended--
       (1) in paragraph (1), by striking ``paragraph (3)'' and 
     inserting ``paragraphs (3) and (4)'';
       (2) in paragraph (2), by striking ``paragraph (3)'' and 
     inserting ``paragraphs (3) and (4)''; and
       (3) by adding at the end the following:
       ``(4)(A) Except as provided in subparagraph (B), no annuity 
     supplement under this section shall be payable in the case of 
     an individual whose entitlement to annuity is based on such 
     individual's separation from service after December 31, 2012.
       ``(B) Nothing in this paragraph applies in the case of an 
     individual separating under subsection (d) or (e) of section 
     8412.''.

                       PART 2--FEDERAL WORKFORCE

     SEC. 5421. EXTENSION OF PAY LIMITATION FOR FEDERAL EMPLOYEES.

       (a) In General.--Section 147 of the Continuing 
     Appropriations Act, 2011 (Public Law 111-242), as amended by 
     section 1(a) of the Continuing Appropriations and Surface 
     Transportation Extensions Act, 2011 (Public Law 111-322; 124 
     Stat. 3518), is further amended--
       (1) in subsection (b)(1), by striking ``December 31, 2012'' 
     and inserting ``December 31, 2013''; and
       (2) in subsection (c), by striking ``December 31, 2012'' 
     and inserting ``December 31, 2013''.
       (b) Application to Legislative Branch.--
       (1) Members of congress.--The extension of the pay limit 
     for Federal employees through December 31, 2013, as 
     established pursuant to the amendments made by subsection 
     (a), shall apply to Members of Congress in accordance with 
     section 601(a) of the Legislative Reorganization Act of 1946 
     (2 U.S.C. 31).
       (2) Other legislative branch employees.--
       (A) Limit in pay.--Notwithstanding any other provision of 
     law, no cost of living adjustment required by statute with 
     respect to a legislative branch employee which (but for this 
     subparagraph) would otherwise take effect during the period 
     beginning on the date of enactment of this Act and ending on 
     December 31, 2013, shall be made.
       (B) Definition.--In this paragraph, the term ``legislative 
     branch employee'' means--
       (i) an employee of the Federal Government whose pay is 
     disbursed by the Secretary of the Senate or the Chief 
     Administrative Officer of the House of Representatives; and
       (ii) an employee of any office of the legislative branch 
     who is not described in clause (i).

     SEC. 5422. REDUCTION OF DISCRETIONARY SPENDING LIMITS TO 
                   ACHIEVE SAVINGS FROM FEDERAL EMPLOYEE 
                   PROVISIONS.

       Section 251(c) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 is amended to read as follows:
       ``(c) Discretionary Spending Limit.--As used in this part, 
     the term `discretionary spending limit' means--
       ``(1) with respect to fiscal year 2013--
       ``(A) for the security category, $685,000,000,000 in new 
     budget authority; and
       ``(B) for the nonsecurity category, $359,000,000,000 in new 
     budget authority;
       ``(2) with respect to fiscal year 2014, for the 
     discretionary category, $1,063,000,000,000 in new budget 
     authority;
       ``(3) with respect to fiscal year 2015, for the 
     discretionary category, $1,083,000,000,000 in new budget 
     authority;
       ``(4) with respect to fiscal year 2016, for the 
     discretionary category, $1,104,000,000,000 in new budget 
     authority;
       ``(5) with respect to fiscal year 2017, for the 
     discretionary category, $1,128,000,000,000 in new budget 
     authority;
       ``(6) with respect to fiscal year 2018, for the 
     discretionary category, $1,153,000,000,000 in new budget 
     authority;
       ``(7) with respect to fiscal year 2019, for the 
     discretionary category, $1,178,000,000,000 in new budget 
     authority;
       ``(8) with respect to fiscal year 2020, for the 
     discretionary category, $1,204,000,000,000 in new budget 
     authority; and
       ``(9) with respect to fiscal year 2021, for the 
     discretionary category, $1,230,000,000,000 in new budget 
     authority;

     as adjusted in strict conformance with subsection (b).''.

     SEC. 5423. REDUCTION OF REVISED DISCRETIONARY SPENDING LIMITS 
                   TO ACHIEVE SAVINGS FROM FEDERAL EMPLOYEE 
                   PROVISIONS.

       Paragraph (2) of section 251A of the Balanced Budget and 
     Emergency Deficit Control Act of 1985 is amended to read as 
     follows:
       ``(2) Revised discretionary spending limits.--The 
     discretionary spending limits for fiscal years 2013 through 
     2021 under section 251(c) shall be replaced with the 
     following:
       ``(A) For fiscal year 2013--
       ``(i) for the security category, $546,000,000,000 in budget 
     authority; and
       ``(ii) for the nonsecurity category, $499,000,000,000 in 
     budget authority.
       ``(B) For fiscal year 2014--
       ``(i) for the security category, $556,000,000,000 in budget 
     authority; and
       ``(ii) for the nonsecurity category, $507,000,000,000 in 
     budget authority.
       ``(C) For fiscal year 2015--
       ``(i) for the security category, $566,000,000,000 in budget 
     authority; and
       ``(ii) for the nonsecurity category, $517,000,000,000 in 
     budget authority.
       ``(D) For fiscal year 2016--
       ``(i) for the security category, $577,000,000,000 in budget 
     authority; and
       ``(ii) for the nonsecurity category, $527,000,000,000 in 
     budget authority.
       ``(E) For fiscal year 2017--
       ``(i) for the security category, $590,000,000,000 in budget 
     authority; and
       ``(ii) for the nonsecurity category, $538,000,000,000 in 
     budget authority.
       ``(F) For fiscal year 2018--
       ``(i) for the security category, $603,000,000,000 in budget 
     authority; and
       ``(ii) for the nonsecurity category, $550,000,000,000 in 
     budget authority.
       ``(G) For fiscal year 2019--
       ``(i) for the security category, $616,000,000,000 in budget 
     authority; and
       ``(ii) for the nonsecurity category, $562,000,000,000 in 
     budget authority.
       ``(H) For fiscal year 2020--
       ``(i) for the security category, $630,000,000,000 in budget 
     authority; and
       ``(ii) for the nonsecurity category, $574,000,000,000 in 
     budget authority.
       ``(I) For fiscal year 2021--
       ``(i) for the security category, $644,000,000,000 in budget 
     authority; and
       ``(ii) for the nonsecurity category, $586,000,000,000 in 
     budget authority.''.

                   Subtitle F--Health Care Provisions

     SEC. 5501. INCREASE IN APPLICABLE PERCENTAGE USED TO 
                   CALCULATE MEDICARE PART B AND PART D PREMIUMS 
                   FOR HIGH-INCOME BENEFICIARIES.

       (a) In General.--Section 1839(i)(3)(C)(i) of the Social 
     Security Act (42 U.S.C. 1395r(i)(3)(C)(i)) is amended--

[[Page 19897]]

       (1) by striking ``In general.--'' and inserting ``In 
     general.--(I) For calendar years prior to 2017:''; and
       (2) by adding at the end the following new subclause:
       ``(II) For calendar year 2017 and each subsequent calendar 
     year:


------------------------------------------------------------------------
  ``If the modified adjusted
           gross is:                  The applicable percentage is:
------------------------------------------------------------------------
More than $80,000 but not more   40.25 percent
 than $100,000.
More than $100,000 but not      57.5 percent
 more than $150,000.
More than $150,000 but not      74.75 percent
 more than $200,000.
More than $200,000............  90 percent.''.
------------------------------------------------------------------------

       (b) Conforming Amendment.--Section 1839(i)(3)(A)(i) of the 
     Social Security Act (42 U.S.C. 1395r(i)(3)(A)(i)) is amended, 
     by inserting ``and year'' after ``individual''.

     SEC. 5502. TEMPORARY ADJUSTMENT TO THE CALCULATION OF 
                   MEDICARE PART B AND PART D PREMIUMS.

       (a) In General.--Section 1839(i)(6) of the Social Security 
     Act (42 U.S.C. 1395r(i)(6)) is amended in the matter 
     preceding subparagraph (A) by striking ``December 31, 2019'' 
     and inserting ``December 31 of the first year after the year 
     in which at least 25 percent of individuals enrolled under 
     this part are subject to a reduction under this subsection to 
     the monthly amount of the premium subsidy applicable to the 
     premium under this section.''.
       (b) Application of Inflation Adjustment.--Section 
     1839(i)(5) of the Social Security Act (42 U.S.C. 1395r(i)(5)) 
     is amended--
       (1) in subparagraph (A), by striking ``In the case'' and 
     inserting ``Subject to subparagraph (C), in the case''; and
       (2) by adding at the end the following new subparagraph:
       ``(C) Treatment of years after temporary adjustment 
     period.--In applying subparagraph (A) for the first year 
     beginning after the period described in paragraph (6) and for 
     each subsequent year, the 12-month period ending with August 
     2006 described in clause (ii) of such subparagraph shall be 
     deemed to be the 12-month period ending with August of the 
     last year of such period described in paragraph (6).''.

                   TITLE VI--MISCELLANEOUS PROVISIONS

     SEC. 6001. REPEAL OF CERTAIN SHIFTS IN THE TIMING OF 
                   CORPORATE ESTIMATED TAX PAYMENTS.

       The following provisions of law (and any modification of 
     any such provision which is contained in any other provision 
     of law) shall not apply with respect to any installment of 
     corporate estimated tax:
       (1) Section 201(b) of the Corporate Estimated Tax Shift Act 
     of 2009.
       (2) Section 561 of the Hiring Incentives to Restore 
     Employment Act.
       (3) Section 505 of the United States-Korea Free Trade 
     Agreement Implementation Act.
       (4) Section 603 of the United States-Colombia Trade 
     Promotion Agreement Implementation Act.
       (5) Section 502 of the United State-Panama Trade Promotion 
     Agreement Implementation Act.

     SEC. 6002. REPEAL OF REQUIREMENT RELATING TO TIME FOR 
                   REMITTING CERTAIN MERCHANDISE PROCESSING FEES.

       (a) Repeal.--The Trade Adjustment Assistance Extension Act 
     of 2011 (title II of Public Law 112-40; 125 Stat. 402) is 
     amended by striking section 263.
       (b) Clerical Amendment.--The table of contents for such Act 
     is amended by striking the item relating to section 263.

     SEC. 6003. POINTS OF ORDER IN THE SENATE.

       (a) Point of Order To Protect the Social Security Trust 
     Fund.--
       (1) Notwithstanding any other provision of law, it shall 
     not be in order in the Senate to consider any measure that 
     extends the dates referenced in section 601(c) of the Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010 (26 U.S.C. 1401 note).
       (2) The provisions of this subsection may be waived in the 
     Senate only by the affirmative vote of two-thirds of the 
     Members, duly chosen and sworn.
       (b) Point of Order Against an Emergency Designation.--
     Section 314 of the Congressional Budget Act of 1974 is 
     amended by--
       (1) redesignating subsection (e) as subsection (f); and
       (2) inserting after subsection (d) the following:
       ``(e) Senate Point of Order Against an Emergency 
     Designation.--
       ``(1) In general.--When the Senate is considering a bill, 
     resolution, amendment, motion, amendment between the Houses, 
     or conference report, if a point of order is made by a 
     Senator against an emergency designation in that measure, 
     that provision making such a designation shall be stricken 
     from the measure and may not be offered as an amendment from 
     the floor.
       ``(2) Supermajority waiver and appeals.--
       ``(A) Waiver.--Paragraph (1) may be waived or suspended in 
     the Senate only by an affirmative vote of three-fifths of the 
     Members, duly chosen and sworn.
       ``(B) Appeals.--Appeals in the Senate from the decisions of 
     the Chair relating to any provision of this subsection shall 
     be limited to 1 hour, to be equally divided between, and 
     controlled by, the appellant and the manager of the bill or 
     joint resolution, as the case may be. An affirmative vote of 
     three-fifths of the Members of the Senate, duly chosen and 
     sworn, shall be required to sustain an appeal of the ruling 
     of the Chair on a point of order raised under this 
     subsection.
       ``(3) Definition of an emergency designation.--For purposes 
     of paragraph (1), a provision shall be considered an 
     emergency designation if it designates any item pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       ``(4) Form of the point of order.--A point of order under 
     paragraph (1) may be raised by a Senator as provided in 
     section 313(e) of the Congressional Budget Act of 1974.
       ``(5) Conference reports.--When the Senate is considering a 
     conference report on, or an amendment between the Houses in 
     relation to, a bill, upon a point of order being made by any 
     Senator pursuant to this section, and such point of order 
     being sustained, such material contained in such conference 
     report shall be deemed stricken, and the Senate shall proceed 
     to consider the question of whether the Senate shall recede 
     from its amendment and concur with a further amendment, or 
     concur in the House amendment with a further amendment, as 
     the case may be, which further amendment shall consist of 
     only that portion of the conference report or House 
     amendment, as the case may be, not so stricken. Any such 
     motion in the Senate shall be debatable. In any case in which 
     such point of order is sustained against a conference report 
     (or Senate amendment derived from such conference report by 
     operation of this subsection), no further amendment shall be 
     in order.''.

     SEC. 6004. PAYGO SCORECARD ESTIMATES.

       (a) Budgetary Effects.--Neither scorecard maintained by the 
     Office of Management and Budget pursuant to section 4(d) of 
     the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933) shall 
     include the budgetary effects of this Act if such budgetary 
     effects do not increase the deficit for the period of fiscal 
     years 2012 through 2021 as determined by the estimate 
     submitted for printing in the Congressional Record pursuant 
     to section 4(d) of such Act.
       (b) Deficit.--The increase or decrease in the deficit in 
     the estimate submitted for printing referred to in subsection 
     (a) shall be determined on the basis of--
       (1) the change in total outlays and total revenue of the 
     Federal Government, including off-budget effects, that would 
     result from this Act;
       (2) the estimate of the effects of the changes to the 
     discretionary spending limits set forth in section 251 of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 in 
     this Act; and
       (3) the estimate of the change in net income to the 
     National Flood Insurance Program by this Act.

  The SPEAKER pro tempore. The gentleman from Michigan (Mr. Camp) and 
the gentleman from Michigan (Mr. Levin) each will control 45 minutes.
  The Chair recognizes the gentleman from Michigan (Mr. Camp).


                             General Leave

  Mr. CAMP. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days in which to revise and extend their remarks and to 
include extraneous material on the subject of the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. CAMP. Mr. Speaker, I yield myself such time as I may consume.
  There are four important facts everyone should know about the Middle 
Class Tax Relief and Job Creation Act:
  First, it will strengthen our economy and help get Americans back to 
work by lowering the tax burden for middle class families and job 
providers alike;
  Second, it prevents massive cuts to doctors working in the Medicare 
program to protect America's seniors and those with disabilities--
providing more stability in the doctor payment schedule than there has 
been in a decade;
  Third, it adopts a number of the President's legislative initiatives, 
which represents the bipartisan cooperation Americans are demanding; 
and
  Fourth, it's fully paid for with spending cuts, not job-killing tax 
hikes. The CBO tables show the bill is fully offset and saves about $1 
billion. And when you add in the flood insurance provisions, the 
savings are closer to $6 billion.

[[Page 19898]]

  So it will help families struggling in this economy; it will help the 
unemployed get and keep a job; it helps seniors; it's bipartisan; and 
it is paid for.
  The House should--and I expect it will--overwhelmingly pass this 
measure, and the Senate should quickly pass it so Americans can get 
what they truly want this holiday season--something that helps create 
jobs while helping those most in need.
  While this bill includes the priorities of a number of committees, 
many of the provisions in H.R. 3630 are within the purview of the Ways 
and Means Committee.
  This bill will extend for 1 year the payroll tax holiday to help 
middle class families struggling in this economy, while fully 
protecting the Social Security trust fund.

                              {time}  1550

  Mr. Speaker, I have a letter from the Social Security Chief Actuary 
confirming this fact that I would like to place in the Record.

                                   Social Security Administration,


                                  Office of the Chief Actuary,

                                 Baltimore, MD, December 12, 2011.
     Hon. Dave Camp,
     Chairman, Committee on Ways and Means, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: We have reviewed the language in the 
     ``Middle Class Tax Relief and Job Creation Act of 2011'' 
     (H.R. 3630), which you introduced on December 9, 2011. We 
     estimate that the enactment of this bill would reduce 
     (improve) the long range actuarial deficit of the Old Age and 
     Survivors Insurance and Disability Insurance (OASDI) program 
     by about 0.01 percent of taxable payroll. All estimates are 
     based on the intermediate assumptions of the 2011 Trustees 
     Report. Sections 2001 and 5101 would have a direct effect on 
     the OASDI program, as described below.
       Section 2001 of the bill, ``Extension of Temporary Employee 
     Payroll Tax Reduction through End of 2012'' would extend 
     through 2012 the provisions of subsection (c) of section 601 
     of the ``Tax Relief, Unemployment Insurance Reauthorization, 
     and Job Creation Act of 2010.'' Enactment of section 2001 
     would have a negligible effect on the financial status of the 
     program in both the near term and the long term. We estimate 
     that the projected level of the OASI and DI Trust Funds would 
     be unaffected by enactment of this provision.
       Specifically, this provision would make the following 
     changes for payroll tax rates and OASDI financing in 2012: 
     (1) for wages and salaries paid in calendar year 2012 and 
     self-employment earnings in calendar year 2012, reduce the 
     OASDI payroll tax rate by 2.0 percentage points, (2) transfer 
     revenue from the General Fund of the Treasury to the OASI and 
     DI Trust Funds so that total revenue for the trust funds 
     would be unaffected by this provision, and (3) credit 
     earnings to the records of workers for the purpose of 
     determining future benefits payable from the trust funds so 
     that such benefits would be unaffected by this provision. For 
     wage and salary earnings, the 2.0-percent rate reduction 
     would apply to the employee share of the payroll tax rate. 
     For self-employment earnings, the personal income tax 
     deduction for the OASDI payroll tax would be 59.6 percent of 
     the portion of such taxes attributable to self-employment 
     earnings for 2012.
       Section 5101 of the bill, ``Information for Administration 
     of Social Security Provisions Related to Noncovered 
     Employment,'' would require that all State and local 
     governments report to the Secretary of the Treasury all 
     distributions from any employer deferred compensation plan 
     made after December 31, 2012. This requirement would make 
     available to the Treasury and the Social Security 
     Administration any amount of such distributions that is based 
     on earnings from employment with State and local governments 
     that was not covered under the OASDI program. This required 
     reporting by State and local governments would effectively 
     eliminate most noncompliance with individual reporting of 
     distributions from deferred compensation plans that results 
     in the application of the windfall elimination provision and 
     the government pension offset provision for OASDI benefits. 
     Enactment of section 5101 of the bill would reduce (improve) 
     the long-range OASDI actuarial deficit by about 0.01 percent 
     of payroll.
       We estimate that other sections of the bill would have no 
     direct effects on the OASDI program. Please let me know if we 
     may be of any further assistance.
           Sincerely,
                                                  Stephen C. Goss,
                                                    Chief Actuary.

  Without an extension, a worker earning $50,000 would see his or her 
take-home pay decline by a $1,000 in 2012, as compared to 2011.
  Employers are helped too. Through an extension of 100 percent 
expensing, job creators down the supply chain will see more demand for 
their products. This will help boost economic activity and job 
creation. The President has endorsed both of these tax policies.
  The bill will also extend unemployment benefits that are scheduled to 
expire at the end of the month, but does so while permanently reforming 
the program and adopting the President's plan to wind down recent 
expansions of the program.
  Since 2008 extensions of unemployment benefits have added $180 
billion to the debt. We're putting an end to that deficit spending. 
This program is fully paid for, and it contains significant reforms, 
such as allowing States to screen and test unemployment insurance 
recipients for drug abuse, overturning a 1960s-era Labor Department 
directive; requiring all unemployed recipients to search for work; be 
in a GED program if they have not finished high school, with reasonable 
exceptions; and participate in re-employment services.
  It also implements program integrity measures such as new data 
standardization to crack down on waste, fraud, and abuse. And just as 
we did in connection with welfare reform, we're giving the States 
flexibility to design their own re-employment programs similar to the 
sorts of programs the President has touted, like Georgia Works and wage 
subsidies.
  Why are we making these reforms instead of just passing a straight 
extension? Because we know that a paycheck is better than an 
unemployment check. These bipartisan reforms will help get Americans 
back to work while providing them with assistance during hard times, 
and that should truly be the focus of unemployment programs, getting 
people back to work.
  In addition to reforming UI, we extend Federal benefits but reduce 
the maximum number of weeks of all benefits from 99 weeks to 59 weeks 
in most States by mid-2012. This reflects a more normal level typically 
available following recessions.
  I should point out that phasing out 20 of those weeks is the 
President's policy. As a result of this extension, an estimated 5 
million out-of-work Americans will receive an average of about $7,000 
in assistance they need in this tough economy. A ``no'' vote today is a 
vote to deny those Americans who are out of work those benefits.
  We also end UI for millionaires. The bill simply says if you earn $1 
million you have to pay back your unemployment benefits. Though not in 
the jurisdiction of the Ways and Means Committee, the bill applies a 
similar policy to food stamps. Together, these policies save taxpayers 
$20 million.
  Additional savings are found by freezing the pay of Members of 
Congress and other civilian government workers for 1 year.
  Next, the legislation prevents a 27 percent cut to doctors serving 
Medicare patients and replaces it with a 1 percent payment update in 
2012 and 2013. The 2-year update is the longest that Congress has 
provided since 2004, which will give us time to develop a permanent 
solution.
  In addition to the Medicare doc fix, the legislation reforms and 
extends temporary Medicare payment programs. Since 2002, Congress has 
blindly extended as many as a dozen of these programs. Given that we're 
running a $1 trillion deficit and borrowing 40 cents out of every 
dollar we spend, the American taxpayer simply cannot afford to have 
Congress skip out on doing proper oversight. That's why we're extending 
only four of these provisions, and we're making reforms to some and 
requiring additional studies from the Centers for Medicare and Medicaid 
Services and the Government Accountability Office to get better data on 
how they're working.
  These programs are the therapy caps exceptions process, premium 
assistance for low-income seniors, ambulance payment add-ons, and 
geographic payment adjustments for physician office visits, sometimes 
called GPCI.
  In the health care field, the legislation also adopts a 
recommendation from President Obama that reduces subsidies to high-
income seniors by requiring them to pay a greater share of their part B 
and D premiums. This single change reduces spending by $31 billion in 
the next decade.

[[Page 19899]]

  It saves $13.4 billion in wasteful overpayments of exchange 
subsidies, similar to previous good government changes enacted by 
overwhelming bipartisan majorities and signed into law by the 
President, and repeals provisions in current law that hurt physician-
owned hospitals.
  With regard to the Nation's primary welfare program, the legislation 
extends through September 30, 2012, Temporary Assistance for Needy 
Families, TANF, which is set to expire on December 31st of this year. 
The TANF extension includes bipartisan, bicameral reforms to ensure 
that taxpayer funds are protected from abuse. Those reforms include 
improvements to program integrity, and closing the current strip club 
loophole so that welfare funds cannot be accessed at ATMs in strip 
clubs, liquor stores, and casinos.
  In California alone, nearly $4 million in State-issued cash benefits 
was withdrawn from ATMs in casinos between January 2007 and May 2010. 
Another $20,000 in benefits was withdrawn from ATMs in adult 
entertainment establishments. I think we can all agree that this reform 
makes sense for taxpayers and for those on welfare.
  Finally, the legislation takes two additional steps to better protect 
taxpayer dollars. First, it makes necessary changes to the additional 
child tax credit program by requiring the individual, or at least one 
spouse, to include a Social Security number on their tax return to 
claim the credit, just as you would have to do when filing for the 
earned income tax credit. This will reduce Federal spending by $10 
billion in the next decade alone.
  Second, this legislation reduces Social Security overpayments by 
improving coordination with States and local governments, incorporating 
another recommendation from President Obama.
  The Middle Class Tax Relief and Job Creation Act incorporates more 
than a dozen proposals that the President has either offered, 
supported, or has signed into law in one variation other another. In 
fact, more than 90 percent of the bill is paid for with such policies.
  The list of job-creating provisions and those that help families is 
almost too long to list, but let me highlight just a few. A bipartisan 
payroll tax cut for every working American that also protects Social 
Security; a bipartisan energy project, Keystone XL, that will create 
more than 100,000 jobs and is supported by both employers and unions; a 
bipartisan tax cut for small and large businesses to invest now in new 
machinery and equipment to grow their businesses and create jobs; 
bipartisan reforms to make sense of Federal regulations like boiler 
MACT, which will protect as many as 20,000 jobs; bipartisan health care 
reforms that will help ensure a strong health care industry; a 
bipartisan push for spectrum auctions that will unleash new growth and 
create new jobs in the technology sector; bipartisan reforms that help 
Americans find work faster, instead of just giving them an unemployment 
check.
  The list goes on and on but, in short, this bill is about jobs, jobs, 
jobs, creating jobs and helping Americans find a job. It's paid for, it 
is bipartisan, and it will help get our economy back on track. I 
strongly urge my colleagues to vote in favor of the Middle Class Tax 
Relief and Job Creation Act.
  I reserve the balance of my time.
  Mr. LEVIN. Mr. Speaker, I yield myself such time as I may consume.
  There are fewer than 3 weeks until the new year, and yet, here they 
go again. Republicans are seeking a path of confrontation instead of 
collaboration. If Republicans were serious, truly serious about trying 
to come together on behalf of American families, they would have 
reached out to Democrats in this House. They've done nothing of the 
sort. They've made a sham out of bipartisanship.
  Instead, they, once again, targeted millions of seniors and middle 
class families for cuts without asking essentially anything of 
millionaires and billionaires. They've singled out Medicare premium 
increases that permanently increase seniors' costs by $31 billion.
  The bill also, when you look at it carefully, spends $300 million on 
a special interest provision that helps a handful of specialty 
hospitals while cutting billions from community hospitals.
  They've targeted the unemployed, slashing 40 weeks of unemployment 
insurance, impacting millions of families still struggling under the 
weight of the worst economic downturn since the Great Depression. 
Twenty-two jurisdictions, 22, with the highest unemployment rates would 
be hit the hardest: Alabama, California, Connecticut, D.C., Florida, 
Georgia, Illinois, Idaho, Indiana, Kentucky, Michigan, Missouri, 
Nevada, New Jersey, North Carolina, Ohio, Oregon, Rhode Island, South 
Carolina, Tennessee, Texas, and Washington.

                              {time}  1600

  The result would be in the State that Mr. Camp and I come from, 
Michigan, a maximum of 46 weeks of unemployment insurance.
  And what do they ask of the wealthiest Americans? Basically nothing. 
Not even after the wealthiest 1 percent saw their incomes nearly triple 
in the last three decades while salaries for middle class families 
barely budged.
  On average, there are more than four unemployed Americans for every 
job opening. Never, on official records in our Nation's history, have 
there been so many unemployed Americans out of work for so long. There 
is nothing normal about this recession. Nothing normal.
  One gentleman from my district, Phil of Clinton Township, put it this 
way, ``I am by no means unintelligent. I am by no means lazy. And I am 
by no means giving up.''
  The unemployed are not people who can ante up $10,000 bets or spend 
lavishly on jewelry at Tiffany. These are families scraping by, on 
average, on less than $300 a week trying to keep food on the table, a 
roof over their heads, and clothes on their backs and the backs of 
their children as they look for work.
  Republicans are out of touch with the families of America. I hope 
after today's exercise that is going nowhere in the Senate and which 
the President opposes, House Republicans will get serious about 
addressing very pressing end-of-year issues on behalf of the American 
people.
  I reserve the balance of my time.
  Mr. CAMP. Mr. Speaker, at this time I would note that the Ways and 
Means Committee has held 16 different hearings or markups on provisions 
contained in this legislation.
  I yield 2 minutes to the distinguished chairman of the Health 
Subcommittee, the gentleman from California (Mr. Herger).
  Mr. HERGER. Mr. Speaker, it's critically important that we act to 
prevent physicians' Medicare payments from being cut by 27.4 percent on 
December 31. Such a drastic cut will result in many physicians ending 
their participation in the Medicare program, and many senior citizens 
would no longer be able to obtain the medical care they need.
  The bill before us would prevent cuts under Medicare's sustainable 
growth rate, or SGR, formula for the next 2 years with physicians 
receiving a 1 percent inflation update in each of those years.
  As I've said before, we need to do away with the SGR once and for all 
so that doctors do not have to constantly worry about cuts to their 
Medicare payments. I'm disappointed that we've run out of time to 
consider permanent reform this year, but the Ways and Means committee 
has been carefully examining different options for replacing the SGR, 
and I'm hopeful that we can move forward with these efforts next year.
  For now, this legislation gives physicians the longest period of 
payment since 2004, and it is fully paid for with reforms to Medicare 
and other Federal health programs. Many of these reforms have 
bipartisan support and were included in the President's deficit 
reduction proposal. I hope we will have a strong bipartisan vote for 
this bill.
  Mr. LEVIN. Mr. Speaker, I yield 1 minute to the gentleman from 
Washington (Mr. McDermott).
  Mr. McDERMOTT. Well, it's getting close to the Christmas tree, and 
here we come finally getting around to dealing with unemployment with 
the most

[[Page 19900]]

drastic attack on the unemployment system that we've had since 1933 
without any hearings. I hear people talk about the Ways and Means 
Committee has talked about this. There hasn't been a single hearing on 
the proposal that's put here before us on the end of the session 
cutting a Federal program from 73 weeks to 33 weeks. You're taking 40 
weeks of unemployment away from people who have thought this country 
cared, and it turns out the Republicans don't care at all.
  This is bait and switch. This is like going on a used car lot and the 
guy shows you a Chevrolet over here and says, That's a thousand bucks.
  The SPEAKER pro tempore (Mr. Thornberry). The time of the gentleman 
has expired.
  Mr. LEVIN. I yield the gentleman an additional 30 seconds.
  Mr. McDERMOTT. By the time you find another car that's worth nothing, 
that's been in a wreck, you drive out thinking you had the thousand-
dollar car you were getting.
  This is a phony attack on unemployment. Nobody should think of it as 
anything else. The press releases will say, We extended unemployment 
benefits. Yeah. Well, you pulled the rug out from under the long-term 
unemployment. This is not the usual unemployment. This is unemployment 
where we have the highest long-term unemployment in the history of this 
country in the last 50 years.
  It's a bad bill. Vote ``no.''
  Mr. CAMP. Mr. Speaker, I yield 3 minutes to a member of the Ways and 
Means Committee, the distinguished gentleman from Texas (Mr. Sam 
Johnson), who is an author of the reform to the refundable child tax 
credit.
  Mr. SAM JOHNSON of Texas. I thank the gentleman for yielding.
  Mr. Speaker, I rise in support of this bill.
  I'd like to begin by thanking the leadership and the chairman for 
including in this bill a provision of mine that will help eliminate 
waste, fraud, and abuse with respect to the refundable child tax 
credit. This simple commonsense provision will save the American 
taxpayer $9.4 billion by stopping illegal immigrants from getting the 
refundable child tax credit.
  I first introduced this provision as a bill in January 2010 and 
reintroduced it this past May. My legislation is based on the good work 
of the Treasury Inspector General for Tax Administration which said in 
its report on the credit that although the law prohibits aliens 
residing without authorization in the United States from receiving most 
Federal public benefits, an increasing number of these individuals are 
filing tax returns claiming this refundable credit.
  According to the IG, illegal immigrants bilked $4.2 billion from the 
U.S. taxpayers last year. I think that it's time that we fixed it.
  Currently, if individuals do not have a Social Security number, the 
IRS will give them an individual taxpayer identification number to get 
the credit. This provision will root out waste, fraud, and abuse by the 
IRS simply requiring individuals to provide their Social Security 
number in order to claim this refundable credit.
  Mr. Speaker, there has been a lot of debate regarding the extension 
of the payroll tax cut and Social Security. Given this debate, as 
chairman of the Social Security Subcommittee, I would like to take this 
opportunity to briefly talk about the importance of securing this 
program's future.
  Last year marked the first time since 1983 that Social Security paid 
out more in benefits than it took in in payroll taxes; 1983 was also 
the last major reform of Social Security. As a result, over the next 10 
years, Social Security will be in the red by over half a trillion 
dollars. As a result, Social Security must rely on general revenues to 
pay back with interest the Social Security surpluses that Washington 
has spent. That means Treasury has to borrow more. According to the 
CBO, we do so at our own economic peril.

                              {time}  1610

  Mr. Speaker, the American people want, need, and deserve a fact-based 
conversation about how we can fairly and responsibly fix Social 
Security for good. That would send a powerful signal that we are 
serious about getting our fiscal house in order. Let's do it now.
  Mr. LEVIN. It is now my privilege to yield 2 minutes to another 
distinguished member of our committee, the gentleman from Massachusetts 
(Mr. Neal).
  Mr. NEAL. I thank the gentleman for yielding.
  Mr. Speaker, I am in opposition to this so-called Middle Class Tax 
Relief and Job Creation Act, largely because it's neither. The 
gentleman from Michigan (Mr. Camp) is correct. He says there have been 
16 hearings at the Ways and Means Committee, but never once has there 
been a conversation. That's the important matter for us to consider.
  There has been no give-and-take in this legislation. This was brought 
to the floor today in the manner of ramming it through the House in 
order to protect talking points as we move into the new year. If we 
don't act, 160 million Americans are going to see a tax increase, with 
working American families seeing a tax increase of up to $1,000 in 
2012. We need to extend unemployment insurance to assist millions of 
unemployed Americans, and we need to fix the Medicare physician payment 
rate to ensure that seniors have access to their doctors.
  I am also opposed to this proposal that they offer today. While I 
support eliminating the scheduled reduction of 27 percent in Medicare 
payments to physicians, this is the wrong way to do it--offsetting it 
by taking $17 billion away from hospital funding.
  Now people in America rightly ask: How come it's so difficult to get 
something done in Congress?
  We're going to quibble today with the 8.6 percent of American 
families who are without work about extending their unemployment 
benefits. Yet, just 3 years ago, after the company was run into the 
ground, the head of Merrill Lynch left with--left with--$69 million. At 
Hewlett-Packard a month ago, the head of the company was dismissed for 
nonperformance, not in the way the unemployed are dismissed, which is 
by somebody escorting them to the door, but dismissed with $10 million 
worth of salary and $13 million of stock. At Enron, everybody at the 
top held out, and they locked down that stock so people at the bottom 
couldn't get out.
  That's what this is about today.
  Picking on the unemployed, 15 million members of the American family 
without work, as we proceed to this holiday season? We need a tax 
holiday for middle-income Americans, and that's what we should be doing 
today.
  Mr. CAMP. I yield 1 minute to a distinguished member of the Ways and 
Means Committee, the gentleman from Texas (Mr. Brady).
  Mr. BRADY of Texas. No bill is perfect but this has much to admire in 
it.
  Moving the unemployed back into the workforce after a year makes 
sense--so does allowing States to drug test, stopping taxpayer fraud, 
helping small businesses invest in equipment, paying local doctors 
fairly for treating our seniors, telling the President ``he can't 
wait'' to approve the thousands of jobs created by the Keystone 
pipeline, and spending cuts and entitlement reforms so we don't add to 
the dangerous deficit. All of that is very good.
  Like many in Congress, I am very troubled about reducing Social 
Security revenue another year. The bill's authors have responsibly 
included reforms that fill this hole and then some; but over the long 
term, cutting Social Security contributions makes an already fragile 
program more fragile.
  So in support, I want my constituents to know that 2012 is it. I will 
not support another extension of the Social Security tax holiday. 
Instead, I will work to replace it with tax relief of an equal amount 
that doesn't impact Social Security or that doesn't make it harder to 
preserve this program for future generations.
  Mr. LEVIN. It is now my special privilege to yield 2 minutes to a 
leader in our party, the gentleman from South Carolina (Mr. Clyburn).
  Mr. CLYBURN. I thank the gentleman from Michigan for yielding me this 
time.
  Mr. Speaker, I rise in strong opposition to this outrageously 
partisan and

[[Page 19901]]

unfair bill. The clock is ticking; working families are worrying; and 
my Republican friends are playing political games.
  This bill cuts unemployment benefits for hardworking folks who have 
lost their jobs through no fault of their own. My home State and 
district contain some of the hardest-hit families and communities in 
this country, and it is unfair to blame these folks for the economic 
hard times they are experiencing. This bill proposes drug testing for 
unemployed workers drawing from insurance funds they have paid into. 
That is unfair and insulting. I don't see anyone in the Republican 
majority demanding drug testing for folks who receive oil and gas 
subsidies.
  The President will veto this bill if it ever reaches his desk. This 
political game that's being played is just another round of the 
brinksmanship we have seen time and again this year.
  We need to pass a clean extension of the payroll tax cut for working 
Americans. We need to pass a clean extension of the unemployment 
insurance for those who have lost their jobs. We need to pass a clean 
extension of the SGR doc fix so Medicare patients will know their 
doctors will be there for them.
  We need for my Republican friends to stop playing political games 
with people's lives. I urge my colleagues to vote against this partisan 
bill.
  Mr. CAMP. Mr. Speaker, I would just note that this legislation 
incorporates more than a dozen proposals that the President has either 
offered, supported, or signed into law. In fact, more than 90 percent 
of the bill is paid for with such policies.
  With that, I would yield 3 minutes to a distinguished member of the 
Ways and Means Committee, the gentleman from Kentucky (Mr. Davis).
  Mr. DAVIS of Kentucky. I thank the chairman for yielding.
  Mr. Speaker, I rise in support of H.R. 3630, and tire of the empty 
rhetoric that I hear over and over again. As the chairman just pointed 
out, this bill includes many provisions that your party's President 
recommended. This is a bipartisan piece of legislation, and we are 
politicizing something at the expense of working families, which is a 
sad thing to see happen in this Chamber.
  The legislation includes important provisions designed to promote job 
creation; but I would like to focus on the bill's provisions to reform 
and improve unemployment insurance, or UI.
  These commonsense reforms expect UI recipients to search for work and 
to make progress towards a GED or other training they need to get back 
to work. We let States make reasonable exceptions, but the message is 
clear: UI needs to change to do a better job of helping people get back 
to work.
  The bill also lets States apply for waivers of Federal law so they 
can test better ways to engage the unemployed. Our colleagues are 
right--there are too many long-term unemployed today, and we need to 
hold government programs more accountable for helping more of them find 
work sooner, including through wage subsidies and other innovative 
approaches that have received bipartisan support.
  Also contained in this bill is a program integrity provision to 
improve data standards in the UI program in order to help it operate 
more efficiently and effectively across States and to help it better 
coordinate with other programs. This same provision was included in the 
bipartisan child welfare legislation signed by President Obama in 
September and is included in another section of this bill covering the 
Temporary Assistance for Needy Families program.
  H.R. 3630 also makes reasonable reductions in temporary Federal UI 
benefits while extending that program for another year and maintaining 
up to 59 weeks of benefits by the middle of 2012:
  First, it ends 20 weeks of Federal benefits that were added to the 
program when the national unemployment rate was at 9.9 percent, or well 
above today's 8.6 percent. Second, we adopt the President's call to 
phase out a second 20 weeks of Federal UI benefits in the early months 
of 2012.
  So, instead of cutting or slashing and so on, as many of my 
colleagues on the other side of the aisle dubiously claim, the facts 
show that the UI benefits extended in this bill would aid over 5 
million people at a cost of $34 billion--all paid for through other 
savings. That's an average of almost $7,000 in Federal help for every 
person aided.
  In fact, with this bill, the total UI spending since the start of 
2008 will stretch to an astounding $546 billion. That's not a typo. UI 
spending has totaled over a half a trillion dollars in the past 5 
years. That's over five times--listen to this--over five times as much 
as it would cost to put a man on the Moon in today's dollars.
  I urge the support of this much needed legislation and, most 
importantly, of its long needed reforms so that the UI program does a 
better job in helping Americans get back to work sooner.

                              {time}  1620

  Mr. LEVIN. Mr. Speaker, I yield myself 10 seconds.
  I must say, to talk about a man on the Moon and to essentially 
disregard the needs of millions of people who are on the ground 
unemployed in this country is, I think, unconscionable.
  I now yield 2 minutes to the gentleman from Oregon (Mr. Blumenauer), 
another member of our committee.
  Mr. BLUMENAUER. I thank the gentleman from Michigan.
  A year ago, our Republican friends talked about reforming the process 
so that we wouldn't have legislation that was in a ``must-pass'' 
category that was laden with items that were unrelated or unnecessarily 
complicated. Well, here we are, less than a year after they adopted 
their rules, and we have legislation that is just that. Unemployment 
insurance has always been, I think, in times of economic stress, when 
benefits are threatened to expire, must-pass legislation. If you ask 
the American public, being able to keep $1,000 or more in the pockets 
of the average family, by keeping the payroll tax reduction, that would 
be must-pass legislation. And the SGR, the sustainable growth rate 
problem, to avoid a draconian cut in physician reimbursement--which I 
mercifully say I did not support when it was proposed by my Republican 
friends and enacted into law some 15 years ago--that is certainly must-
pass legislation.
  And here we have a hodgepodge of jamming all of these together, 
plus--wait a minute--the Keystone pipeline, a variety of things that 
are complicated, expensive, and unfair, jammed together in a must-pass 
legislative situation.
  Mr. Speaker, I am opposed to draconian cuts in benefit levels. In a 
State like mine, it's going to be very hard on rural and small-town 
America, where those extended benefits make a big difference. The jobs 
aren't there. Now you may force some of these people who don't have a 
high school education to start a training program, which you are not 
willing to pay for.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. LEVIN. I yield the gentleman an additional 30 seconds.
  Mr. BLUMENAUER. You are going to impose very significant cuts on 
hospitals. For example, the evaluation and management cap is going to 
impact dramatically hospitals that a number of us represent. It is 
going to scale up much higher costs for senior citizens who don't think 
they're high-income.
  With all due respect, I think it's the wrong approach to serious 
problems that we face. We ought to deal with them one at a time in a 
balanced and thoughtful way, reject this Christmas tree, and do it 
right.
  Mr. CAMP. I yield 2 minutes to the gentleman from Georgia (Mr. 
Kingston).
  Mr. KINGSTON. Mr. Speaker, I would like to enter into a colloquy with 
the distinguished chairman.
  Mr. Chairman, I thank you for including language in this bill that 
would remove current barriers for States to strengthen the unemployment 
insurance program through optional drug testing. By doing so, we can 
help increase individuals' ability to gain future employment and help 
ensure benefits are not being used to finance an individual's drug 
dependency. It is my understanding that the intent of this

[[Page 19902]]

language is to provide flexibility to States to establish drug 
screening methods if they so choose.
  I yield to the gentleman from Michigan.
  Mr. CAMP. That is correct. The language in the bill provides States 
with the option to screen and test UI program applicants for illegal 
drug use.
  Mr. KINGSTON. Thank you.
  I would like to call States' attention to drug screening assessments 
approved by the National Institutes of Health that identify individuals 
as having a high probability of drug use. Under the bill I introduced, 
individuals deemed by those assessments to be high risk would be 
required to complete and pass a drug test in order to receive benefits.
  General tax dollars help fund payments after 26 weeks. So people who 
are unemployed should be looking for a job and should not become 
voluntarily ineligible by taking illegal drugs. In this tough budgetary 
environment, we must maximize tax dollar spending efficiently and 
effectively. I appreciate your commitment to hold a hearing on this 
issue no later than the spring, and I thank you for pointing toward 
further action.
  Mr. CAMP. That is a helpful reminder, especially to those States that 
look to take advantage of how this legislation removes current 
bureaucratic barriers preventing them from doing that sort of screening 
and testing, if they so choose.
  Mr. KINGSTON. I look forward to working with the committee on this 
proposal. I thank the chairman and the subcommittee chairman, Mr. 
Davis, for their support and their discussions of this language.
  I thank the gentleman for engaging in this colloquy.
  Mr. LEVIN. Mr. Speaker, I yield 3 minutes to our distinguished 
minority whip, the gentleman from Maryland (Mr. Hoyer).
  Mr. HOYER. I thank the gentleman for yielding, and I rise in 
opposition to this bill.
  We are now in overtime. The scheduled date for ending this session 
was December 8. That date, of course, was substantially later than we 
normally suggest ending the session. Notwithstanding that fact, we did 
not meet that deadline.
  In the Pledge to America, our Republican colleagues, when they were 
running for office to seek the majority--which they got--they pledged 
to America that they would not put nongermane items in must-pass bills. 
That, apparently, was a campaign pledge not to be honored in practice. 
In the Pledge to America, they also said that we needed to do 
appropriation bills one after another. That, apparently, was a pledge 
to be honored during the campaign but not in practice.
  So we have ourselves confronted with a bill that must pass. We must 
not leave this city and our responsibilities without extending 
unemployment insurance. We must not leave Washington, D.C., for this 
holiday season, delivering a block of coal in the stockings of our 
constituents by failing to continue the tax cut from their payroll 
taxes. And we must not leave Washington, D.C., without affecting a 
continuation of the proper reimbursement of doctors to ensure that 
Medicare patients will be able to get their doctors' services.
  We have three items to focus on to get done and nine appropriation 
bills. Now one of those appropriation bills has not even been reported 
out of subcommittee in this House, the Labor-Health bill. It hasn't 
been considered by the subcommittee. It hasn't been considered by the 
full committee. It hasn't been considered by this House. So we have a 
lot of business to do in essentially the next 72 hours.
  What are we confronted with? We are confronted with a bill of over 
350 pages, filed just a few days ago. We have heard a lot about reading 
the bills. I would be shocked if any Member has read this bill, 
shocked.
  By contrast, the bill that was so criticized, the Affordable Care 
Act, was up for review for over a year, hundreds of hearings and 
essentially thousands of meetings around this country. This has not had 
a single town meeting, a single hearing, and a single perspective 
around this country.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. LEVIN. I yield the whip an additional 1 minute.
  Mr. HOYER. I thank the gentleman for yielding.
  So, my Tea Party friends, I am sure you lament the fact and think 
this bill ought not be passed. But I haven't seen you. I haven't heard 
you. I haven't gotten a letter from you.
  I tell my friends on the Republican side of the aisle, I have 
demonstrated throughout this year that when we had the opportunity to 
work together, I worked to get the votes so that together, we could 
pass legislation that was necessary to run this country. So I don't 
take a back seat to anybody in this Chamber willing to work together in 
a bipartisan fashion. But this bill was not worked together in a 
bipartisan fashion. This bill seeks to poke a finger in the eye of the 
President of the United States, who has said, I will veto this bill, 
not because of the three things that I said were absolutely essential 
but because of something that is not essential to pass. Now the 
majority leader lamented last week that this would create 5,000 jobs if 
we passed the Keystone pipeline project. But a bill that would create 
at least a million jobs, the American Jobs Act, lays languishing in the 
bowels of the committee.

                              {time}  1630

  The SPEAKER pro tempore. The time of the gentleman has again expired.
  Mr. LEVIN. I yield the gentleman an additional 30 seconds.
  Mr. HOYER. So I can conclude. Yes, the gentleman asked for regular 
order. I lament the fact that we are not pursuing regular order. We 
could act in a responsible, bipartisan fashion to accomplish the three 
objectives I set forth and the appropriations bills; but, no, we're 
playing politics. We're pandering to a base. We're having a pretense 
that this bill can pass. It cannot.
  Let us defeat this bill and then let us come together in a 
responsible fashion as the American public wants us to do and act on 
their behalf, not on the behalf of our politics.
  Mr. CAMP. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from 
Montana (Mr. Rehberg).
  Mr. REHBERG. As the sponsor of the Keystone pipeline language, I 
support H.R. 3630. And, no, it doesn't put a block of coal in the 
socks. It puts a barrel of oil in a pipeline. In fact, it puts 150,000 
barrels of oil in the pipeline daily.
  The American people need jobs. They want Congress to work together to 
help the private sector create those jobs. Keystone XL is shovel-ready. 
It will create thousands of jobs. All we need is a Federal permit, 
something that has already taken 3 years.
  So why have the President and his allies in the Senate said no to 
these jobs? It's not for the cost; the project is privately funded to 
the tune of $7 billion. It's not to protect the environment; this 
pipeline will utilize the cleanest and safest new technology available, 
making it the safest pipeline in America. And it's not private property 
concerns because 97 percent of the landowners came to friendly 
settlements in earlier Keystone efforts. Frankly, there is no excuse. 
This is pure politics. With thousands of jobs hanging in the balance, 
it's time to put politics aside and do the right thing.
  Mr. LEVIN. It is my privilege to yield 2 minutes to the gentleman 
from Texas (Mr. Doggett), who is the lead sponsor on our unemployment 
insurance bill.
  Mr. DOGGETT. I thank the gentleman.
  This proposal certainly does represent a visit from the ghost of 
Christmas past--last Christmas to be specific--when Republicans stood 
here and said only a lump of coal for the unemployed until you stuff 
every stocking to overflowing.
  Well, today's Republican bill would eliminate up to 40 weeks of 
unemployment coverage with the biggest cuts coming in States like mine, 
Texas, with high unemployment rates. That means that next year over 3 
million unemployed Americans and their families will be shortchanged if 
this bill is

[[Page 19903]]

enacted. Long-term unemployment in America today has not been this 
high, for this long, in 60 years. We have over 6 million fewer jobs now 
than when the recession began and more than four workers for every job 
opening. And in 10 States, this bill responds by making it possible to 
no longer require that unemployment insurance funds are used for 
unemployment insurance benefits.
  Under the Democratic alternative that I have introduced, unemployment 
would be available only to those who are actively searching for a job, 
getting job training, or who are out there in a temporary layoff 
situation. Nor is an unemployment check any substitute for a paycheck. 
As The New York Times editorialized this morning: ``When was the last 
time any Republican lawmaker tried to live on $289 a week, the amount 
of the average unemployment benefit?''
  And this same measure also offers a lump of coal for Medicare. I 
believe in seeking efficiencies in Medicare. That's one reason why we 
voted for the Affordable Care Act, to ensure that billions of dollars 
were saved. But the billions that are cut from other health care 
providers in today's bill come on top of across-the-board cuts that are 
already enacted and will be effective within about the next year.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. LEVIN. I yield the gentleman an additional 15 seconds.
  Mr. DOGGETT. At some point, cuts to hospitals and nursing homes mean 
that seniors and the disabled will be unable to access the quality care 
that they need. And this bill's $8 billion cut to preventable chronic 
disease programs like heart disease and diabetes is shortsighted and 
will cost us more in the long run than it saves.
  Mr. CAMP. Mr. Speaker, I yield 1 minute to the gentleman from Ohio 
(Mr. Renacci).
  Mr. RENACCI. I thank the gentleman for yielding. I would like to 
thank Chairman Camp and Chairman Davis for their hard work on the much-
needed reforms to our unemployment insurance program.
  The Bureau of Labor Statistics reported today that there are over 3.3 
million job openings in America. According to studies earlier this 
year, 22 percent of American businesses and 57 percent of small 
businesses are looking for employees and are ready to hire, if they can 
just find the right people. Matching willing employers with able 
workers is an absolute must.
  In this uncertain economy, helping to cover the risk of training a 
new employee will help the unemployed back to work. Using unemployment 
dollars to subsidize the training of a new employee to reenter the 
workforce is just good public policy.
  In June, I was proud to introduce the bipartisan-supported EMPLOY 
Act, to give States the flexibility to do precisely this. I remain very 
proud today that my concept is included in this package.
  Support this bill, which gives States like Ohio the flexibility to 
use unemployment dollars for job-training services, and I want to thank 
the chairmen for working with me.
  Mr. LEVIN. I yield 2 minutes to a very distinguished member of our 
committee, the gentleman from Georgia (Mr. Lewis).
  Mr. LEWIS of Georgia. Mr. Speaker, I want to thank my friend, my 
colleague, Mr. Levin, for yielding. And thank you for all of your great 
and good work.
  Mr. Speaker, I rise in strong opposition to this bill. It is a very 
sad day for this body. Day in and day out, unemployed Americans beat 
the pavement applying for jobs everywhere and anywhere, sending 
hundreds of resumes applying for many jobs. These people lost their 
jobs through no fault of their own. They don't want a handout. They 
want a job.
  In Atlanta we had a job fair where more than 4,500 people from as far 
away as New York showed up with the hope of just getting an interview. 
This bill is an insult to them. It is an affront to their dignity. It 
says that millions of Americans do not want to work or they are not 
searching hard enough for a job.
  Instead of extending unemployment benefits before the holiday break, 
giving equal treatment for struggling Americans, as we do for the 
wealthy and large corporations, this legislation strips the program 
down to its bones. It's not right. It's not fair. It is not just.
  This body represents the people, and we should not stomp on the souls 
of our fellow citizens. We can do better. We must do better. We must do 
better for the sake of our fellow citizens.
  Mr. Speaker, is this the spirit of the season? Last night we offered 
an amendment to the Rules Committee that the Republicans refused to 
even consider. These amendments said, in effect, stop the politics, 
stop the games. Stand up for the people, for the people that voted for 
us, for our people that need our help. They are depending on us.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. LEVIN. I yield the gentleman an additional 30 seconds.
  Mr. LEWIS of Georgia. Mr. Speaker, we should stay here, stay here, 
don't go home until we can meet their expectations. We must come 
together and do what is right, and do it now. I urge all of my 
colleagues to oppose this bad bill and come together, pass a long-term, 
clean extension of unemployment benefits. That's the thing to do.
  Mr. CAMP. Mr. Speaker, I yield myself such time as I may consume.
  We think it is important to extend unemployment benefits, and that's 
what this bill does; but we do it with commonsense reforms, reforms 
that will help those who are unemployed get not just a paycheck from 
the government, but get a job and get a paycheck from the private 
sector.

                              {time}  1640

  These commonsense reforms are things like requiring unemployment 
insurance recipients to search for work and, if they don't have a GED, 
to get a GED. But we have a commonsense exception provision so that if 
you're an older worker and you've been a pipe fitter for 30 years, 
well, obviously, a GED isn't going to help you in your job search. But 
for those who are younger and who don't have the skills they need, it's 
clear that if you have that certificate, your chances of losing your 
job are much less.
  And, third, we think they should participate in services to get them 
reemployed. Those are important. States need more flexibility in this 
area to get waivers from the Federal Government so they can enter in 
reemployment programs. There are many ideas in the States out there. We 
aren't mandating this from Washington. We want the States to be the 
laboratories of invention here.
  We also think it's important to allow States to screen applicants for 
drugs. There's been a 1960s Department of Labor ruling that says States 
can't even look at this area. But with screening, you can get workers 
the proper help so they're not bounced from a job because they fail a 
drug test or don't get hired because they fail a drug test. These are 
all important, commonsense reforms, and they will help reduce our 
unemployment rates. They will help people get jobs.
  And let me just say, in terms of job search, it is important that 
there be requirements in legislation to do that. Florida, for example, 
now requires those claiming benefits to report online each week five 
jobs they've applied for or to meet with a jobs counselor. The result? 
In the first 3 months of the new law, 65 percent of the claimants did 
not meet that obligation. Well, they need to be out there assisting in 
finding jobs that they need.
  Now, those are then keeping those resources for those who truly are 
unemployed and who truly can't find a job. In this era of limited 
resources, we need to make sure that they're used in the best, most 
effective and most efficient possible way. And these commonsense 
reforms give States the flexibility to design programs that meet the 
needs of their State, whether it be in drug screening, whether it be in 
searching for work, whether it be in employment services, or even 
States

[[Page 19904]]

designing programs that allow the employers to receive part of the 
unemployment check so the workers get hired.
  Those are the kinds of innovations that don't happen in Washington 
because they're saying, Extend the 99 weeks as is. Well, we can't 
afford to continue to deficit spend, as the other party did, $180 
billion worth, since 2008, of unpaid-for unemployment benefits.
  This is an important program. It's an important program that must be 
extended. It should be extended, and it will be extended if my 
colleagues vote for this legislation. And I urge support.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LEVIN. I yield myself 30 seconds.
  Mr. Camp, we've just received information from the Department of 
Labor that the Republican bill would cut unemployment benefits for 3.3 
million Americans next year compared to an extension of current law. In 
the name of reform, don't cut the rug out from the unemployed of this 
country who are looking for work. That is, in one word, inexcusable--
inexcusable.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. The Chair would remind all Members to direct 
their remarks to the Chair.
  Mr. LEVIN. I yield 2 minutes to the gentleman from New Jersey (Mr. 
Pascrell).
  Mr. PASCRELL. Mr. Speaker, I want to commend Mr. Camp and Mr. Levin 
for working hard on these issues. I think they do try to put the 
country before the party. But this bill is terrible. It is terrible.
  The holidays must have come early for the majority. What we have here 
is a serious proposal? It's a stocking stuffed to the brim with 
ideology. And I thought we could put that aside and put the country 
first, more important than parties, more important than ideology.
  I agree with you. Let's weed out those people who literally are 
crooks and try to steal from the public trough and take advantage of 
unemployment. I went to an unemployment office yesterday in my area, in 
my district, in a major city, Paterson. I went to the unemployment 
center. I looked through all of those folks that were waiting online 
and working and looking and seeking work and being trained for specific 
jobs, particularly in health care. I looked through those records. And 
if you think you're going to reduce the amount of money that Americans 
have to spend to help their brothers and sisters, you are dead wrong. 
Dead wrong.
  What we've done in the Bush tax cuts, they were for the least needy. 
Now we're talking about the most needy. The unemployment rate in New 
Jersey is 9.1 percent. The average in the United States is 8.6 percent.
  I'm asking you, I'm begging you, let's get beyond this.
  And why didn't we put employers in this? What if employers had their 
part shaved like the employee that we are suggesting here? How many 
jobs would be created if the employer had not to pay 6.2 and, instead, 
4.2 percent? And I agree with the President. That should have been 
reduced to 3.1 percent. We could put a lot of people to work.
  A thousand dollars maybe in your pocket or my pocket or your pocket, 
Mr. Speaker, may not be the end all, but $1,000 in many people's who 
work every day for a living, who love this country, is an insult. And 
we're just making matters worse, Mr. Speaker. We're not making them 
better.
  Mr. CAMP. Mr. Speaker, I ask unanimous consent for Mr. Upton to 
control 15 minutes of the time.
  The SPEAKER pro tempore. Is there objection?
  Without objection, the gentleman from Michigan (Mr. Upton) will 
control 15 minutes.
  There was no objection.
  Mr. UPTON. Mr. Speaker, I yield myself 2 minutes.
  This bill does a lot of things. It has real reforms. It's driven in 
large part by the unemployment reforms and extending the payroll tax 
cut, and it's all paid for.
  Most Americans don't really want unemployment. They want a job. The 
spectrum provisions in this bill help our first responders with the 
allocation of the D block and creates perhaps as many as 100,000 jobs. 
The Keystone pipeline decision is part of this bill, too. It requires 
the President to review and make a decision, either way, within 60 days 
of enactment.
  Just this morning, there were a number of press accounts that perhaps 
Iran will soon be conducting exercises to close the Straits of Hormuz. 
The Keystone pipeline will connect Canadian oil sands with refineries 
here in the United States, adding 20,000 private sector jobs and 
perhaps as many as 118,000 indirect jobs. It reduces our reliance on 
non-North American oil, which is a good thing. And it brings perhaps as 
many as 1 million barrels of oil a day--1 million barrels a day--into 
the United States that we don't have to import from someplace else. 
Canada is going to develop this no matter what. And that oil, 1 million 
barrels a day, is either going to come to the United States or it's 
going to a place like China. We want it here.
  This is a good thing. It creates jobs. It reduces our reliance on oil 
from overseas. It is something that ought to be part of this bill, and 
it is. I would urge my colleagues to support it.
  I reserve the balance of my time.
  Mr. LEVIN. I yield 2 minutes to another member of our committee, a 
distinguished, active member indeed, the gentleman from New York (Mr. 
Crowley).
  Mr. CROWLEY. I thank my colleague and friend from the State of 
Michigan (Mr. Levin) for yielding me this time.
  Mr. Speaker, I rise in strong opposition to H.R. 3630.
  Today the Republican Party's true colors are fully exposed and on 
display--and it isn't pretty. The GOP argues time and time again 
against tax increases, but now it's clear. Their policy only applies 
when we are talking about increasing taxes on those making over $1 
million a year.
  Now, I don't begrudge anyone from making a buck in this country. I 
do, however, begrudge those who want to help America's wealthiest at 
the expense of America's middle class, especially when working people 
are hurting as much as they are right now.
  Where is the shared sacrifice? Where is the shared responsibility? I 
believe Americans of all economic classes want a Federal Government 
that has a vision for our future and a vision for how to keep America 
strong.

                              {time}  1650

  That is why Democrats have a plan to provide an immediate cut in 
middle class taxes. We are pushing to cut the payroll tax in half for 
all working people, as well as expand it to small businesses, the 
engine creator of jobs in America.
  Unfortunately, this GOP bill denies any payroll tax relief to small 
businesses. My friends on the other side of the aisle argue taxes 
impede growth, hurt American businesses, and stunt our economy. But 
apparently those arguments don't apply when we're talking about 
lowering taxes for the middle class or small businesses.
  President Obama and the Democratic Party are championing cutting the 
payroll tax in half for all workers; my Republican colleagues refuse to 
even consider that. Democrats want to expand and enhance the payroll 
tax cut for employers, yet there's no such relief for small businesses 
in this bill.
  But aside from what is not in this bill, I also want to object to 
what is in this bill--a new tax on senior citizens. If this bill is 
signed into law, seniors' premiums for Medicare will go up, and go up 
dramatically.
  The true colors of the Republicans are clear.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. LEVIN. I yield the gentleman an additional 15 seconds.
  Mr. CROWLEY. Seniors making $40,000 a year are considered wealthy and 
deserve to see their Medicare costs go up; but a small, temporary 
income tax surcharge on people earning over $1 million a year, that's 
not acceptable?
  Let's reject this bill. Hardworking Americans deserve better. They 
deserve middle class tax relief that doesn't come at the expense of our 
seniors.
  Mr. UPTON. May I inquire of the Chair how much time is available on 
each side?

[[Page 19905]]

  The SPEAKER pro tempore. The gentleman from Michigan (Mr. Upton) has 
13 minutes remaining. The gentleman from Michigan (Mr. Levin) has 19 
minutes remaining. The gentleman from Michigan (Mr. Camp) has 4\1/2\ 
minutes remaining.
  Mr. UPTON. At this point, I will yield 2 minutes to the chairman of 
the Communications Subcommittee, the gentleman from Oregon (Mr. 
Walden).
  Mr. WALDEN. I thank the chairman.
  Mr. Speaker, the American people have waited long enough for this 
Congress to act to create jobs. This legislation does that. It does 
that through the Jump-Starting Opportunity With Broadband Spectrum Act 
of 2011. There is no reason to delay this bill any further.
  This unleashes spectrum, both licensed and unlicensed, that when put 
into service will unleash new technologies, new innovations. And the 
chairman of the Federal Communications Commission said this part of the 
bill we're debating today could create as many as 700,000 new jobs. 
Other estimates say between 300,000 and 700,000 American jobs.
  It generates upwards of $16 billion for companies who want to buy 
this broadband and pay the taxpayers for it because it is America's 
spectrum. And it does something that the Democrats, when they were in 
charge of the House for 4 years, failed to do: It makes this spectrum 
available, and it begins the process of building out an interoperable 
public safety broadband network as called for by the 9/11 Commission.
  Now, this legislation didn't just drop out of the sky. It was 
thoughtfully and creatively crafted, and it finds the right balances. 
Its provisions were improved as the result of input and counsel from 
five separate public hearings we held, 11 months of negotiations, and 
discussions with Members of both sides of the aisle, the FCC, and the 
NTIA. But at some point the American people say stop talking and get it 
done, and that's what this legislation does as part of this bigger 
bill.
  Hardworking middle class taxpayers want transparency and 
accountability; they don't want a blank check to anybody. So this 
legislation has the proper protections for the taxpayers. It builds out 
the public safety network. It creates 300,000 to 700,000 American jobs. 
Our economy needs the help, Americans need the jobs, and we need to 
generate revenue for the American taxpayer in a productive way, as this 
does. This legislation does all of these things and does them well. I 
urge support of this legislation.
  Mr. LEVIN. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Ohio (Mr. Kucinich).
  Mr. KUCINICH. As I am preparing to speak, I'm thinking about a debate 
we had 3 years ago where banks received $700 billion, about the Fed 1 
month ago printing $7.7 trillion for banks in this country and abroad, 
and here we're telling the American people who happen to be unemployed, 
you know, we're thinking of cutting benefits 40 weeks.
  People want work, not welfare. People want work, not unemployment 
compensation. But when people do not have work, unemployment insurance 
is essential. It is a lifeline. And this legislation significantly cuts 
unemployment insurance, that safety net that millions rely on. It 
reduces the number of weeks unemployed workers are eligible for by as 
much as 40 weeks.
  We need more jobs, and yet we have more long-term unemployed. We know 
the unemployment rate is actually higher because people have stopped 
looking for work. Nearly 14 million Americans are out of work, and 
among the long-term unemployed, more than half have been out of work 
for over a year.
  The problem is not a lack of effort for those seeking a job, the 
problem is a lack of jobs. Let's get America back to work, not be 
cutting unemployment compensation.
  Mr. UPTON. Mr. Speaker, I yield 2 minutes to the chairman of the 
Health Subcommittee, the gentleman from Pennsylvania (Mr. Pitts).
  Mr. PITTS. Mr. Speaker, we are all well aware of the inadequacies of 
the sustainable growth rate formula as a payment policy for reimbursing 
physicians. Unfortunately, the greatest threat--arguably--facing the 
Medicare program, if not the entire health care system, was left out of 
the new health reform law.
  In 2010, Congress passed five temporary fixes to a pending physician 
payment cut. Some were retroactive and some lasted mere weeks. In other 
words, Congress kicked the can down the road five times last year.
  Physician practices need more certainty than week-to-week patches. 
When this legislation becomes law, it will be the first multiyear fix 
to Medicare physician rates since 2003. Instead of just addressing the 
next oncoming payment cliff, the Middle Class Tax Relief and Job 
Creation Act provides a level of stability and predictability in 
payments for providers not seen in years and will allow Congress and 
the administration to work together to develop a long-term answer to 
the Medicare sustainable growth rate.
  This 2-year fix, with a 1 percent increase in the next 2 years, is 
the first step in a long-term solution to eliminate the SGR and develop 
a more equitable and affordable Medicare payment policy for physicians. 
Not voting for this and supporting this 2-year fix may leave physicians 
facing just a 1-year patch, or more kicking the can down the road with 
no plan on how to move forward.
  I urge my colleagues to support this legislation.
  Mr. LEVIN. Mr. Speaker, it is my privilege to yield 1 minute to the 
very distinguished gentlelady from California, Lynn Woolsey.
  Ms. WOOLSEY. I thank the gentleman for yielding.
  Well, I've walked in the shoes of those who are needy. I know what 
it's like to go without. I know what it's like to struggle. Forty years 
ago I found myself--no fault of my own--a single mother with three 
young children all under the age of 5 and barely a dime to my name. I 
was one of the lucky ones; I had a good education. And so I was able to 
get a job, and I didn't need unemployment benefits. But my job wasn't 
enough to feed those three little kids. I needed AFDC just to make ends 
meet.
  Nobody asked me to take a drug test, nobody asked if I had a GED. I 
was in trouble, and a generous, compassionate government helped me get 
back on my feet. That was over 40 years ago, my friends. And I can 
assure you that my children and I have more than paid back for that 
generous help that we received.
  The Republican bill is not consistent with American values as I've 
lived them and understood them during my 74 years on this Earth. We're 
all in this together, I believe. There but for the grace of God go I.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. LEVIN. I yield the gentlelady an additional 30 seconds.
  Ms. WOOLSEY. It's time for this Congress to stop coddling 
millionaires and start standing up for all families and all children 
who are suffering in today's economy.
  Mr. UPTON. Mr. Speaker, may I inquire again on the time? I think 
we're a couple of minutes ahead.
  The SPEAKER pro tempore. The gentleman from Michigan (Mr. Upton) has 
9 minutes remaining. The gentleman from Michigan (Mr. Levin) has 16\3/
4\ minutes remaining. The gentleman from Michigan (Mr. Camp) retains 
4\1/2\ minutes.
  Mr. UPTON. I reserve the balance of my time.

                              {time}  1700

  Mr. LEVIN. I yield 1 minute to the gentlewoman from Alabama (Ms. 
Sewell).
  Ms. SEWELL. I thank the ranking member for allowing me this time.
  Today I rise in strong opposition to H.R. 3630, which makes dramatic 
and harmful changes to the Emergency Unemployment Compensation program. 
It makes significant cuts to Medicare that would hurt our Nation's 
seniors. This bill contains political and controversial language that 
should be discussed and debated in separate legislation.

[[Page 19906]]

  Before Congress breaks for this year, we need to pass a bill that 
solely focuses on extending relief to the unemployed workers and middle 
class Americans who are still suffering in this recovering economy. 
This is not the time to play with the livelihood of millions of 
Americans.
  Our voters sent us here to make their lives better, not more 
difficult. We were sent here to create jobs and stimulate the economy 
and protect our most vulnerable. To accomplish these goals, it will 
require a willing and compromising spirit.
  The folks of the Seventh Congressional District of Alabama, that I am 
so proud to represent, want me to put people before politics and do 
what is in their best interest and not partisan interests. The American 
people expect and deserve more, not less from us. Therefore, I urge my 
colleagues to vote ``no'' on H.R. 3630.
  Mr. LEVIN. Mr. Speaker, I ask unanimous consent that the gentleman 
from California (Mr. Waxman) control 10 minutes of my time.
  The SPEAKER pro tempore. Is there objection?
  Without objection, the gentleman from California will control 10 
minutes of the time.
  There was no objection.
  Mr. UPTON. Mr. Speaker, I yield 2 minutes to the chairman of the 
Environment and the Economy Subcommittee, the gentleman from Illinois 
(Mr. Shimkus).
  Mr. SHIMKUS. Thank you, Mr. Chairman.
  My friend from Ohio came down and he said, you know, what we need, 
what America needs, is jobs. And so that's the important aspect of 
bringing the Keystone XL pipeline into this debate. Don't listen to me; 
listen to my friends in organized labor.
  Brent Bookers, director of the construction department of Laborers 
International Union of North America, said in testimony: ``For many 
members of the Laborers, this project is not just a pipeline; it's a 
lifeline.''
  David Barnett, United Association of Journeymen and Apprentices said: 
``The fact of the matter is Keystone XL would, upon completion, be the 
most environmentally safe pipeline anywhere in America.''
  And then Jeffrey Soth of the International Union of Operating 
Engineers said: ``Without the Keystone XL pipeline, American crude oil 
from the Bakken Formation, the fastest-growing oil field in the United 
States, will continue to move out of the region in the most dangerous, 
most expensive way possible, by tanker truck.''
  Folks, this is about jobs. We're fortunate to be able to place this 
in this bill, 20,000 immediate jobs, 110,000 additional jobs.
  I stood outside a refinery and I asked people, Where do you think the 
crude oil comes in, and how does the refined product go out? In any 
refinery in this country it's done through pipelines. So the Keystone 
XL pipeline is a job creator. Organized labor is strongly behind this. 
It creates 20,000 immediate jobs.
  And you know what, its the best form of stimulus because we're not 
borrowing money, and it's not a government project.
  So I appreciate what my colleagues have done, including it in this 
bill. I thank them. My organized labor friends thank you.
  Mr. WAXMAN. Mr. Speaker, I yield myself 3 minutes.
  I strongly oppose this legislation as presently structured and urge 
its defeat. There's no question that we must extend the payroll tax 
breaks, which puts money in the hands of most Americans so they can 
spend it and get our economy moving. We must make sure that unemployed 
people have the insurance so that they have a lifeline so they can pay 
their bills while they're looking for jobs. We have to keep our 
promises to those under Medicare to allow physicians to be adequately 
reimbursed.
  But the price that the Republicans are imposing through this 
legislation is simply unacceptable. It contains dangerous poison pills, 
a series of riders and legislative provisions that could never pass the 
Senate or be signed by the President. The Republicans are trying to 
cram them through the back door by holding this bill hostage.
  Now, doesn't that sound familiar, Republicans holding things hostage? 
It's what they did when we had to raise the debt ceiling or default on 
our debts, and they held that bill hostage to try to get some of their 
demands.
  The provisions to pay for the Medicare reimbursement for doctors 
would cause 170,000 people who are now covered to be uninsured. We'd 
increase the already high out-of-pocket cost for Medicare 
beneficiaries, and subject a full quarter of Medicare beneficiaries to 
significantly higher premiums.
  Reducing our commitment to public health and prevention activities is 
a prescription for more diabetes, heart disease, cancer, and obesity. 
But that's what the Republicans would have us do in this bill.
  The Keystone XL tar sands pipeline has nothing to do with this 
legislation. It has to do with environmental concerns that the 
President is presently reviewing in an orderly manner. The Republicans 
would have the whole process short-circuited by demanding that he come 
to the conclusion that the Canadian pipeline owners, and maybe the Koch 
brothers, would like. But it would short circuit a conscientious review 
of what this would do throughout this country and how it would affect 
our environment.
  The spectrum provisions are flawed. While they provide for spectrum 
auction incentives, the deployment of a public safety broadband 
network, and address spectrum usage by Federal agencies, there are many 
shortcomings in the governance provisions of how the public safety 
network would work, and how the spectrum auctions would take place. 
There are also extraneous provisions that undercut the open Internet 
and limit the FCC's ability to provide competitive safeguards. And, 
funding levels threaten to shortchange the public safety network 
itself.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. WAXMAN. I yield myself another 30 seconds.
  This bill is filled with loopholes and riders and special interest 
provisions. It's a very bad process to bring this bill to the House 
floor. Some of the provisions that came out of our committee never had 
full committee consideration.
  So I urge Members to defeat the bill. Let's get down to doing what 
needs to be done. Don't hold important measures that must pass hostage. 
Let's work together and get a decent bill and pass it into law.
  I reserve the balance of my time.
  Mr. UPTON. Mr. Speaker, I yield 2 minutes to cochair of the Doc 
Caucus and a member of the Health Subcommittee, the gentleman from 
Georgia, Dr. Phil Gingrey.
  Mr. GINGREY of Georgia. Mr. Speaker, I thank the gentleman for 
yielding.
  Physicians will see a 27.4 percent decrease in Medicare payments if 
we fail to act before the new year. If Congress fails to act, seniors 
may find that no physician in their area can afford to accept their 
Medicare card. That is not the holiday cheer our seniors deserve.
  This bill is not perfect. As a medical doctor, I would prefer to be 
voting today on a permanent fix to this flawed physician payment 
formula in Medicare known as SGR, but I do not have that choice.
  My choice, Mr. Speaker, is simple: vote for the physician fix or vote 
against it. Vote in support of my former patients who need access to 
their doctor when they're sick, or vote against them.
  Vote to open up spectrum availability and bolster job creation within 
a growing telecommunications marketplace, or vote against it.
  Vote for timely approval of the Keystone XL pipeline and, yes, create 
20,000 immediate jobs, along with domestic energy independence, or vote 
against that.
  Allow the EPA to enact job-killing Boiler MACT rules on every State 
and every industry in the United States, or vote to rein them in.
  Today I'll be voting ``yes'' for the constituents of the 11th 
District of Georgia and for my country.

[[Page 19907]]



                              {time}  1710

  Mr. WAXMAN. Mr. Speaker, I yield 2 minutes to the gentleman from 
Massachusetts (Mr. Markey).
  Mr. MARKEY. Last year the Republicans refused to extend unemployment 
benefits unless the Bush tax cuts were extended for millionaires and 
billionaires. Well, here they go again, Mr. Speaker.
  This year, the Republicans are trying to prevent continuation of 
jobless benefits and the payroll tax cut unless their wish list of 
goodies for America's biggest polluters is granted in full. During this 
Christmas season, instead of gold, frankincense, and myrrh, the 
Republicans are bearing gifts of arsenic and mercury and oil on behalf 
of their planet-polluting patrons, Big Oil and Big Coal. The GOP used 
to stand for ``Grand Old Party.'' Now it stands for ``Gang of 
Polluters.'' Now it stands for the ``Gas and Oil Party.''
  This Republican bill: One, blocks and indefinitely delays standards 
that would reduce hazardous air pollution like lead and cancer-causing 
substances that are released from industrial boilers and sent to the 
lungs of the children of America;
  Two, rushes approval for the Keystone pipeline that will bring the 
dirtiest oil on the planet through the United States so it can be 
reexported to other countries while hurting our health and our 
environment here; and
  Three, cuts much needed Medicare payments to hospitals to care for 
the sickest in our country.
  The Republicans are presenting a false choice to the American people. 
We should not have to choose between toxic chemicals and tax relief for 
American workers. We should not have to choose between pollution and 
prosperity.
  In this Republican-controlled House of Representatives, billionaires, 
Big Oil, big bankers benefit while the rest of America bears the 
burden. Enough is enough.
  We know we need to pass the middle class tax cuts. We know we need to 
extend unemployment benefits. If we fail to act, Congress will leave a 
giant legislative lump of coal in the stockings of struggling 
Americans. It is unacceptable, bad for children, bad for the elderly, 
bad for the unemployed, and bad for America.
  Mr. UPTON. Mr. Speaker, I yield 2 minutes to the gentleman from 
Nebraska (Mr. Terry).
  Mr. TERRY. Mr. Speaker, it just seems logical that as we have a bill 
to extend unemployment insurance for those unemployed that we also have 
a measure for them to become employed, and that's the Keystone 
pipeline. It is a $7 billion infrastructure project that is ready to 
start today, employing as many as 20,000 laborers--mostly union labor, 
by the way.
  Now, not only will it employ, but the delays of the State Department 
and the White House in permitting this project are costing jobs.
  And I refer to Little Rock Fox Channel 16. There's their online story 
that says:
  ``Layoffs and a brief company shutdown is what employees face at 
Wellspun Tubular Company, which makes steel pipes for the oil industry.
  ``Company leaders say miles of pipeline are on the property, and that 
has caused five dozen employees to lose their jobs. The pipes would be 
part of the Keystone oil pipeline, which is a project running from 
Canada to Texas.''
  The President has said that he would veto this bill extending 
unemployment and his tax holiday if this Keystone jobs bill was put in 
it. Mr. President, this is about creating jobs. Please join us.
  Also, they said that the State Department may have to say no because 
they're rushed. But this is the same State Department that back in June 
testified before our committee that they could have the decision made 
on this pipeline by December 31.
  The environmental studies have been there for months. This 
application has been with the State Department for 3\1/2\ years. The 
State Department has everything they need to make a correct 
recommendation for the President.


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. Members are again reminded to direct their 
remarks to the Chair.
  Mr. WAXMAN. Mr. Speaker, I am pleased at this time to yield 2 minutes 
to the man who's going to be the chairman of the Health Subcommittee 
when the public gets a chance next year to vote out the Keystone Kops 
overreaching Republicans who are doing it again to the American people, 
the gentleman from New Jersey (Mr. Pallone).
  Mr. PALLONE. Thank you, Mr. Waxman.
  The gentleman from California (Mr. Waxman) had said before that 
essentially the Republicans putting up this bill are not serious. They 
know that this bill is not going to pass the Senate. They know that the 
President won't sign it. And when I heard my colleagues on the other 
side talk about how, well, we have a deadline of December 31 and 
basically said, Take it or leave it, well, they're not serious. That's 
not the way this House and this Congress works.
  If you want to get something done by this December 31 deadline, you 
need to work with the Democrats, work with the Senate, and come up with 
something. And I know that's not what's happening here today. I mean, 
this idea that basically you say we're going to give you extended 
unemployment benefits but we're going to cut back on the number of 
weeks or that we're going to extend the payroll tax and we're going to 
come up with a doc fix, but we're going to pay for it dismantling the 
Affordable Care Act.
  First, the Republicans cut the tax credits to help make insurance 
affordable, resulting in 170,000 additional people becoming uninsured; 
then they slash the public health and prevention fund, damaging efforts 
to realign the Nation's approach to health care; then they cut 
hospitals, affecting services that seniors depend on; and, finally, 
they increase the premiums under Medicare, resulting in millions of 
middle class seniors having to pay more for health care.
  Now, we have a Democratic substitute that they wouldn't allow in 
order, and that Democratic substitute takes a very different approach. 
Unlike the Republicans, the Democratic substitute simply extends tax 
cuts for 160 million Americans. It extends unemployment insurance to 
help Americans stay afloat financially while they're out seeking work. 
And it ensures doctors in Medicare don't face large reductions next 
year and maintains access for seniors with a permanent SGR fix. And it 
does all of this by asking 300,000 people making more than a million 
dollars a year to pay their fair share and by capturing offshore 
contingency funds.
  So if you want to actually pass something, put our substitute in 
order and we will meet that deadline of December 31 and actually do 
things that help people create jobs and reduce the deficit and make the 
doctors available so that if a senior wants to go to a doctor, they'll 
be able to do it.
  Look at our substitute and don't continue with this sham.
  Mr. UPTON. Mr. Speaker, I yield 1 minute to the gentleman from 
Virginia (Mr. Griffith).
  Mr. GRIFFITH of Virginia. Mr. Speaker, I hear my colleagues speaking 
about what will pass. Let me tell you that the Boiler MACT provisions 
of this bill would pass the Senate if only they were allowed to get a 
vote. Forty-one members of the Democrat Party voted for Boiler MACT in 
this House; 12 Members of the Senate of the Democrat Party are co-
patrons of similar language in the Senate.
  The Boiler MACT provisions of this bill help hospitals deal with 
their increasing costs. It helps universities. It does help business, 
but it helps businesses large and small.
  The bill requires reasonable regulations, and it requires reasonable 
time in which to comply with those regulations. Currently, they're only 
allowed 3 years plus possibly a 4th if allowed by the EPA 
administrator. The bill will allow 5 years plus reasonable time. And 
when you're trying to change the way you've been doing things, 
sometimes you need a little more time to get things done than 3 years.
  It was interesting in committee, the EPA came in and was talking to 
us

[[Page 19908]]

about projects they were trying to get done and money they'd left on 
the table. They couldn't get their projects done in 3 years. How do 
they expect American businesses to do so and provide jobs?
  Mr. WAXMAN. Mr. Speaker, I am pleased to yield 2 minutes to the 
gentlelady from California, the next chair of the Telecommunications 
Subcommittee, Ms. Eshoo.
  Ms. ESHOO. I thank the ranking member of the committee.
  Mr. Speaker, within this bill are provisions on spectrum that will 
define our Nation's ability to lead the world in wireless broadband 
deployment. It will also define how we will finally provide our first 
responders with a nationwide interoperable broadband network that the 
9/11 Commission called for.

                              {time}  1720

  I appreciate Chairman Walden's work with the minority, including the 
agreement on authorizing voluntary incentive spectrum auctions, 
reallocating the D-block for public safety, and providing the initial 
funding for Next Generation 9-1-1.
  I do have four concerns, and I want to point them out:
  The first pertains to the treatment of unlicensed spectrum. 
Unlicensed spectrum has created an innovative space for entrepreneurs, 
enabling Wi-Fi, Bluetooth and thousands of other devices and services--
all meaning jobs. In fact, last month, the Consumer Federation of 
America released a new study which found the consumer benefits of 
unlicensed spectrum surpassing $50 billion, that's with a ``b,'' per 
year. Prohibiting the FCC, which is the expert agency, from using some 
of our Nation's best airwaves for unlicensed use, as the House language 
does, is simply foolhardy.
  Secondly, I am very concerned about how the bill treats the spectrum 
public safety needs to create and manage a nationwide interoperable 
broadband network. The Republican bill, on the one hand, gives; but on 
the other hand, it takes away. This is not a solution, and I don't 
believe it's fair to public safety in our country.
  Thirdly, the bill encourages the development of 50 separate networks 
instead of one nationwide network. Past experiences demonstrate that a 
state-based approach fails to achieve interoperability. I think it's 
going to cost money, and I don't think it's going to work.
  Lastly, the provisions that restrict the FCC's ability to preserve 
competition and promote an open Internet simply do not belong in this 
legislation.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. WAXMAN. I yield the gentlelady an additional 30 seconds.
  Ms. ESHOO. I think our country is counting on us to make smart and 
bipartisan choices, but I am sorry to say that I don't think this bill 
meets the standard. I do believe that the Senate accomplished these 
goals in S. 911. I believe we can too but not through this bill. So I 
urge opposition to it for the reasons I've stated.
  Mr. UPTON. Mr. Speaker, at this point I will yield 1 of my 2 
remaining minutes to the gentleman from Colorado (Mr. Gardner).
  Mr. GARDNER. I thank the chairman of the Energy and Commerce 
Committee for the time.
  We've all heard about the need to address jobs, to act on jobs, so 
here we are today to address the issue of job creation for so many in 
this country who are currently unemployed. Perhaps to some, the 
creation of jobs is just a pipe dream; but to many Republicans and 
Democrats, job creation is a Keystone pipeline. It's not a pipe dream.
  In Colorado alone, the Alberta oil sands could create as many as 
6,000 jobs in the next 4 years, and the Keystone pipeline is an 
important part of that. We hear over and over again of the need to 
create jobs, of the need to address the issue of job creation. Yet here 
we are, hearing opposition to job creation.
  For every dollar we spend on oil from Saudi Arabia, 50 cents is 
returned to the U.S. economy. For every dollar spent on Canadian oil, 
90 cents is returned to the domestic economy. It's because, in Canada's 
oil fields, American products are used en masse--Case loaders, Michelin 
tires, Wolverine boots, Ford trucks. The list goes on. This is not the 
way it is in countries thousands of miles away.
  I urge this Congress not to put politics before paychecks. Pass this 
bill.
  The SPEAKER pro tempore. The time of the gentleman from California 
has expired. The gentleman from Michigan (Mr. Levin) has 5\3/4\ minutes 
remaining. The gentleman from Michigan (Mr. Upton) has 1\1/2\ minutes 
remaining. The gentleman from Michigan (Mr. Camp) has 4\1/2\ minutes 
remaining.
  Mr. UPTON. Mr. Speaker, I yield 1 minute to the gentleman from Texas 
(Mr. Olson).
  Mr. OLSON. I thank the chairman for yielding.
  Mr. Speaker, at a time when our economy is struggling to recover, 
it's stunning to think that my friends on the other side of the aisle 
would deny an opportunity to reduce our reliance on Middle Eastern oil 
and create thousands of American jobs.
  The Keystone XL pipeline does both. The project has been exhaustively 
studied and revised to ensure its safety. Our economy needs a safe, 
reliable source of energy. Canada can provide it, and it wants to 
provide it to help us reduce our reliance on Middle East oil while 
strengthening our national security. Twenty thousand new American jobs 
will be created to build this pipeline.
  Mr. Speaker, I urge my colleagues to pass this bill. Approve the 
Keystone XL pipeline now.
  Mr. UPTON. Mr. Speaker, I ask unanimous consent that all of my 
remaining time be given back to the gentleman from the great State of 
Michigan (Mr. Camp).
  The SPEAKER pro tempore. Without objection, the gentleman from 
Michigan (Mr. Camp) will have an additional 30 seconds.
  There was no objection.
  Mr. CAMP. Mr. Speaker, I yield 1 minute to the distinguished 
gentleman from Louisiana (Mr. Scalise).
  Mr. SCALISE. I thank the gentleman from Michigan for yielding.
  I think one of the strongest components of this bill that we're 
bringing to the floor today is the jobs component that's contained in 
the Keystone pipeline bill.
  If you'll look at what we're trying to do right now, we've got some 
options here. The American people are clamoring for jobs. We've got the 
ability to force President Obama to get off the sidelines. The 
President has been good about running all around the country, giving 
these political speeches and campaigning. He's talking about jobs, and 
he's talking about the middle class. Yet here we have an opportunity to 
create 20,000 middle class jobs in America, and the President is saying 
``no.'' The President said he'll veto the bill over this one provision.
  Now, think about that. There is a bill that deals with unemployment 
benefits, and the President is saying he'd rather people be unemployed 
than to actually get jobs. They would much rather have jobs than be 
unemployed. Yet there is the ability to create 20,000 American jobs 
with the Keystone pipeline, and the President is turning his back on 
those middle class families.
  There is over $7 billion of private investment. We can increase 
America's energy security. If that oil comes from Canada, our 
dependence on Middle Eastern oil can drop dramatically. We can 
eliminate a million barrels a day when this comes online, and we can 
reduce our dependence on Middle Eastern oil.
  Let's create American jobs. What does President Obama have against 
20,000 American jobs? I urge a ``yes'' vote.
  Mr. LEVIN. Mr. Speaker, it is my privilege to yield 2 minutes to the 
distinguished gentleman from New York, (Charles Rangel).
  Mr. RANGEL. I was walking through the Cannon Building to get to one 
of the television stations when an older gentleman stopped me and asked 
me whether or not they were going to provide the unemployment tax 
benefits to them. He was trying to find out why we

[[Page 19909]]

were gridlocked and what the problem was. I assumed he was from my 
district, but he was from some part of Texas.
  He heard my explanation as to why we were not just passing what 
Democrats believe in and what Republicans say they don't have a problem 
with. I told him it was about the Keystone pipeline, and he says, What 
the hell is that?
  That made me think, of all the people at this time of the year who 
are going to sleep tonight with limited resources and with all of the 
polls that are saying that Congress is out of touch with the needs of 
America, they're not talking about Republicans; they're talking about 
the Congress--Republicans and Democrats.
  Is anyone telling me that providing a tax break for people who work 
hard every day has to be connected with a pipeline? If you worked every 
day and, through no fault of your own, you lost your job when you'd 
paid into a fund from which you were supposed to get some comfort, are 
you telling them that we need the Keystone pipeline?
  Let's get real. This is a political thing that's being done not to 
deliver on the promise that we made to the American people. So let me 
make a plea:
  For all of the people who are in need, for all of the people who are 
looking for a little break from Big Government, for all of the people 
whom we made these promises to, say that we couldn't do it because of 
the Keystone pipeline. If you think that makes any sense, then we are 
just a disgrace to the American people.
  If you want a Keystone pipeline, bring it to the floor. Let's debate 
it and vote up or down. But to hold hostage the American people who are 
suffering is just plain wrong.

                              {time}  1730

  Mr. CAMP. Mr. Speaker, I yield 1 minute to the distinguished 
gentlewoman from Illinois (Mrs. Biggert).
  Mrs. BIGGERT. I thank the gentleman for yielding.
  Mr. Speaker, I rise in support of H.R. 3630. I appreciate the efforts 
of the chairman and my colleagues who serve on the relevant committees 
in crafting a package that responds to the needs of all Americans right 
now.
  The bill addresses the urgent struggles of the unemployed and small 
business owners. It recognizes that we cannot dig our way out of a 
recession with more taxes and higher deficits. Whether you are a job 
creator or a job seeker, the bill extends critical assistance at a time 
when millions of Americans need it most. The bill does all this and 
more without adding one penny to the deficit. Important government 
reforms and cost-saving measures were included in the bill to reduce 
the debt and implement long overdue reforms. It's also important to 
note that this compromise takes steps to protect the Social Security 
Trust Fund.
  Mr. Speaker, this bill is a smart step towards job creation and 
economic certainty. I urge my colleagues to support the bill.
  Mr. LEVIN. I yield 1 minute to our distinguished leader, the 
gentlelady from California (Ms. Pelosi).
  Ms. PELOSI. I thank the gentleman for yielding. I commend him for his 
extraordinary leadership on behalf of America's working families. He 
has demonstrated a long-term, consistent dedication to their well-
being.
  Mr. Speaker, I return to the floor. I spoke on the rule earlier. But 
I listened attentively to the debate, and I think a few points need to 
be made, and I will do that very briefly.
  It is clear that the Republicans, in using the pipeline, are trying 
to change the subject. The subject at hand is, we have a proposal from 
the President of the United States which has within it proposals that 
have had bipartisan support over a period of time on how to have a 
payroll tax cut that benefits many middle-income families in our 
country, that respects that some people are out of work through no 
fault of their own and need unemployment insurance, and that our 
seniors want to have the doctor of their choice, and that issue has to 
be addressed here. The fact is is that because of the way the rules 
were set up--not to go into process--but the Republicans said, You are 
not even going to be able to bring the President's and the Democratic 
proposals to the floor. Instead, we are going to bring ours to the 
floor. But so that the public doesn't really understand the difference 
between the two, we are going to have a smokescreen go out there, a 
smokescreen of confusion by talking about the pipeline. And this is 
very interesting because this isn't about the pipeline.
  We, as other speakers have said, could have a vote on the pipeline at 
any time, to vote it up or vote it down, consider what it means for 
jobs and the impact on the environment. And it doesn't reduce 
dependence on foreign oil. But nonetheless, that is a subject for 
debate at another time. I, myself, have not made a public statement one 
way or another. But many of our colleagues have. They are either 
supporting it or they are not, but that is not the point of the 
legislation. Many who support the pipeline are opposing this bill 
because they know it is being used. It is being used. And some of our 
friends in labor want this pipeline built. But I assure you that they 
want unemployment insurance for workers who, again, through no fault of 
their own, are out of work.
  So let's just take a few points here. The proponents of this bill who 
are using the pipeline as a smokescreen and as an excuse say that it 
will create 20,000 jobs. Let's hope that that is correct. But what it's 
doing is standing in the way of the President's proposal, which will 
create 600,000 jobs, which will make an impact of 600,000 jobs on our 
economy. That's from the macroeconomic advisers. It will make the 
difference of 600,000 jobs. So while they are professing these 20,000 
jobs, which may be a legitimate number--and let's say it's the highest 
number they could come up with, let's have that debate on another day. 
You may see a very big, strong vote on the floor for the pipeline, or 
you may not. So the point is, 20,000 jobs--if that's the argument--
versus 600,000 jobs.
  The other point is that the President's proposal affects 160 million 
Americans; 160 million Americans will have a payroll tax cut, according 
to his proposal, in a substantial way. This is not, as the Republicans 
want to do, to throw a bone to the middle class. This is about a 
thriving middle class. It's about a payroll tax cut that does what it 
sets out to do, puts $1,500 in the pockets of America's families who 
need it and spend it and, in doing so, injects demand, demand, demand 
into our economy, which further creates jobs. And how that is paid for 
is by a surtax on those making over $1 million a year.
  So 160 million people affected; a surcharge on 300,000 of the 
wealthiest people in America. We don't begrudge them their wealth, 
their success. That's important. I don't think that any one of those 
300,000 people would begrudge the 160 million Americans their payroll 
tax cut. But I do think it is the extremists on the Republican side in 
the House of Representatives who have an ideological point of view, and 
that is what is at work here. It isn't about those 300,000 begrudging 
the 160 million, and it isn't about the 160 million begrudging the 
300,000. So let's understand the numbers here.
  I want to reference the chairman's bill. Who sacrifices under the 
Republican bill? Seniors suffer $31 billion. Instead of a surcharge on 
the 300,000 wealthiest people in our country making over $1 million a 
year, the Republicans pay for the payroll tax by taking $31 billion 
from seniors. Federal workers sacrifice $40 billion. Unemployed 
Americans sacrifice $11 billion. Billionaires sacrifice zero. I think 
all Americans are willing to do their fair share. We all have to do our 
part, take responsibility, zero. So again, 20,000 jobs, 600,000 jobs; 
160 million Americans, 300,000 Americans; $31 billion from Medicare.
  The President's proposal and the Democratic plan that mirror each 
other reduce the deficit by $300 billion. And according to the 
Congressional Budget Office--and I will read from a Congressional 
Budget Office letter to Mr. Camp. The independent, nonpartisan Budget 
Office of the House, writing to Mr. Camp said, ``According

[[Page 19910]]

to Congressional Budget Office's and Joint Tax Committee's estimates, 
enacting H.R. 3630''--the bill before us--``would change revenues and 
direct spending to produce increases in the deficit of $166.8 billion 
in fiscal year 2012 and $25.3 billion over the 2012-2021 period.''
  So let's just take the lower number, $25 billion in the life of the 
bill. That's what the CBO says about the bill before us. That's why 
earlier today, there was a motion to say that this was not in keeping 
with being revenue-neutral, as the Republicans espouse and we agree.
  So again, the numbers: 20,000 jobs with the pipeline--and that may be 
a good thing, but this is not the place. This is a smokescreen. This is 
a distraction. This is a change of subject. This is the masters of 
confusion so you don't know what really is at stake here.
  You couldn't possibly be sincere about a payroll tax cut that makes 
the middle class thrive if you put an obstacle like that in front of it 
and call it a jobs bill to create 600,000 jobs. One hundred sixty 
million Americans benefit from this. Please don't tax 300,000; instead, 
take $31 billion from our seniors. Reduce the deficit by $300 billion; 
increase the deficit by $25 billion. The numbers are clear. They speak 
for themselves.
  I urge my colleagues to vote ``no.'' I hope that we can come to the 
table and share a view that this middle-income tax cut is worth doing 
without obstacles to its being signed into law, and that we can do it 
soon. I say it over and over again: Christmas is coming. For some, the 
goose is getting fat; for others, there are very slim prospects. Let's 
change that. Let's do the people's work. Let's get this done. I urge a 
``no'' vote.

                              {time}  1740

  Mr. CAMP. Mr. Speaker, I yield myself 30 seconds.
  If the distinguished minority leader had read the next paragraph of 
the letter to me by the Congressional Budget Office, she would have 
read that the bill in its entirety reduces the deficit by $1 billion.
  Mr. Speaker, I would like to insert the entirety of the letter to me 
from the Congressional Budget Office into the Record.

                                                    U.S. Congress,


                                  Congressional Budget Office,

                                 Washington, DC, December 9, 2011.
     Hon. Dave Camp,
     Chairman, Committee on Ways and Means, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: The Congressional Budget Office (CBO) 
     and the staff of the Joint Committee on Taxation (JCT) have 
     reviewed H.R. 3630, the Middle Class Tax Relief and Job 
     Creation Act of 2011, as introduced on December 9, 2011. The 
     attached tables provide CBO's and JCT's estimates of the 
     legislation's budgetary effects.
       Table 1 presents a summary of the expected impact on 
     deficits from changes in revenues and direct spending, along 
     with estimated changes from reductions in existing caps on 
     discretionary funding (those effects are subject to future 
     appropriation actions).
       According to CBO's and JCT's estimates, enacting H.R. 3630 
     would change revenues and direct spending to produce 
     increases in the deficit of $166.8 billion in fiscal year 
     2012 and $25.3 billion over the 2012-2021 period.
       Relative to discretionary spending projected under current 
     law and assuming compliance with the current-law caps on 
     discretionary appropriations for the next 10 years, CBO 
     estimates that the proposed changes in discretionary funding 
     caps under H.R. 3630 would lead to a reduction in projected 
     discretionary spending of $26.2 billion over the 2012-2021 
     period (as shown in the bottom panel of Table 1).
       Table 2 provides detail on the changes in revenues and 
     direct spending for the major provisions of the legislation. 
     Enacting the bill would reduce revenues by $88.3 billion over 
     the 2012-2021 period and reduce direct spending by $63.1 
     billion over that period, according to CBO's and JCT's 
     estimates. Those changes are the budgetary effects that would 
     be expected to occur directly from enactment of H.R. 3630, 
     while proposed changes in spending subject to appropriation 
     are contingent upon enactment of future legislation.
       Table 3 shows the estimated impact of H.R. 3630 under the 
     Statutory Pay-As-You-Go Act of 2010 (S-PAYGO Act). Under that 
     act, budget-reporting and enforcement procedures apply to 
     changes in the on-budget deficit from changes in revenues and 
     direct spending. Those procedures call for automatic 
     reductions in certain direct spending programs if there are 
     positive balances in either the 5-year or 10-year 
     compilations of pay-as-you-go budgetary effects.
       Following the specifications in the S-PAYGO Act, which 
     allows for an adjustment to reflect the continuation of 
     current rates on the payments to physicians under Medicare, 
     CBO estimates that on-budget changes in direct spending and 
     revenues subject to the pay-as-you-go considerations would 
     increase deficits by $136.6 billion over the 2012-2016 period 
     and would reduce deficits by $4.0 billion over the 2012-2021 
     period.
       H.R. 3630 would direct the Office of Management and Budget 
     to exclude from its scorecard of balances under the S-PAYGO 
     Act any estimated deficit reduction for the 10-year period 
     spanning fiscal years 2012 through 2021. The bill also 
     specifies that the estimate submitted for printing in the 
     Congressional Record should reflect three types of effects 
     that are not included under the S-PAYGO Act: off-budget 
     effects, projected changes in discretionary spending from 
     changes in the caps on new appropriations, and estimated 
     changes in net income of the National Flood Insurance Program 
     (but those adjustments are not included in Table 3 because 
     the provision has not been enacted into law).
       If you wish further details on this estimate, we will be 
     pleased to provide them.
           Sincerely,
                                                Robert A. Sunshine
                             (For Douglas W. Elmendorf, Director).
       Enclosure.
    

                              TABLE 1. BUDGETARY EFFECTS OF H.R. 3630, THE MIDDLE CLASS TAX RELIEF AND JOB CREATION ACT OF 2011, AS INTRODUCED ON DECEMBER 9, 2011
                                                                              [Millions of dollars, by fiscal year]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                          2012         2013         2014         2015         2016         2017         2018         2019         2020         2021      2012-2016    2012-2021
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       CHANGES IN REVENUES
 
TOTAL CHANGES IN REVENUESa..........     -130,060      -46,650      -11,275       13,292       40,564       13,696        9,302        3,497       11,916        7,373     -134,129      -88,346
    On-budget revenues..............      -39,143      -16,344      -11,270       13,302       40,582       13,717        9,325        3,522       11,942        7,401      -12,873       33,034
    Off-budget revenuesb............      -90,917      -30,306           -5          -11          -18          -21          -23          -25          -26          -28     -121,257     -121,380
 
                                                                                   CHANGES IN DIRECT SPENDING
 
TOTAL CHANGES IN DIRECT SPENDING:
    Estimated Budget Authority......       36,839       24,915       -1,936      -12,494      -13,041      -15,491      -16,940      -17,368      -19,939      -27,481       34,283      -62,936
    Estimated Outlaysc..............       36,699       24,915       -1,931      -12,485      -12,991      -15,451      -16,919      -17,363      -20,043      -27,520       34,207      -63,089
        On-budget outlaysb..........      127,616       55,221       -1,931      -12,273      -12,586      -14,914      -16,372      -16,846      -19,547      -27,044      156,047       61,324
        Off-budget outlaysb.........      -90,917      -30,306            0         -212         -405         -537         -547         -517         -496         -476     -121,840     -124,413
 
                                                           NET INCREASE OR DECREASE (-) IN DEFICITS FROM REVENUES AND DIRECT SPENDING
 
NET CHANGES IN DEFICITS.............      166,759       71,565        9,344      -25,776      -53,555      -29,147      -26,222      -20,861      -31,958      -34,893      168,337       25,257
    On-budget deficit change........      166,759       71,565        9,339      -25,575      -53,167      -28,631      -25,698      -20,368      -31,488      -34,445      168,920       28,290
    Off-budget deficit changeb......            0            0            5         -201         -387         -516         -524         -492         -470         -448         -583       -3,033
 
                                                   CHANGES IN SPENDING SUBJECT TO APPROPRIATION FROM CHANGES IN CAPS ON DISCRETIONARY FUNDING
 
TOTAL CHANGES IN DISCRETIONARY
 SPENDING:
    Estimated Authorization Level...            0       -2,000       -3,000       -3,000       -3,000       -3,000       -3,000       -4,000       -4,000       -4,000      -11,000      -29,000

[[Page 19911]]

 
    Estimated Outlays...............            0       -1,214       -2,279       -2,765       -2,992       -3,160       -3,276       -3,386       -3,506       -3,632       -9,250      -26,210
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: Congressional Budget Office and the staff of the Joint Committee on Taxation.
Note: Components may not sum to totals because of rounding.
aFor revenues, positive numbers indicate a decrease in the deficit; negative numbers indicate an increase in the deficit.
bThe bill would modify and extend the payroll-tax holiday for one year, causing a reduction in off-budget revenues credited to the Social Security trust funds. The bill also would transfer
  from the Treasury to the Social Security trust funds an amount equal to that off-budget revenue loss. The off-budget receipt would offset the lost revenue and, thus, section 2001 would have
  no net off-budget effect. (Other sections in the bill would have an off-budget effect.)
cTitle III of the bill would raise premiums for certain subsidized flood insurance policies, increasing net income to the National Flood Insurance Program by $4.9 billion. However, because
  many policies would continue to be subsidized and the program would continue to face significant interest costs for borrowing over the past decade, CBO expects that additional receipts
  collected under this legislation would be spent to cover future program shortfalls, resulting in no net effect on the budget over the 2012-2021 period.


                   TABLE 2. EFFECTS ON REVENUES AND DIRECT SPENDING OF H.R. 3630, THE MIDDLE CLASS TAX RELIEF AND JOB CREATION ACT OF 2011, AS INTRODUCED ON DECEMBER 9, 2011
                                                                              [Millions of dollars, by fiscal year]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                          2012         2013         2014         2015         2016         2017         2018         2019         2020         2021      2012- 2016   2012- 2021
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       CHANGES IN REVENUES
 
Extension of 100 Percent Expensing..      -38,299      -17,648       15,174       10,730        8,430        6,564        4,181        2,523        1,397          944      -21,613       -6,005
Election to Accelerate AMT Credits..       -1,526         -801           32           32           42           58           64           64           66           69       -2,221       -1,899
Extension of Payroll Tax Reduction            919          670            0            0            0            0            0            0            0            0        1,589        1,589
 (On-budget)........................
Extension of Payroll Tax Reduction        -90,917      -30,306            0            0            0            0            0            0            0            0     -121,223     -121,223
 (Off-budget).......................
Unemployment Compensation...........            0           24           78           78           58           21           13           -7          -12          -12          238          241
Tax on Unemployment Benefits for               -2           -6           -8          -11          -13          -13          -14          -14          -13          -14          -40         -107
 High Earners.......................
Federal Employee Retirement                     0        1,182        2,366        3,497        4,007        4,338        4,701        5,101        5,511        5,950       11,051       36,652
 Contributions......................
Health Care Provisions (on-budget)..            0            0           82          172          278          340          380          410          438          464          532        2,563
Health Care Provisions (off-budget).            0            0           -5          -11          -18          -21          -23          -25          -26          -28          -34         -157
Repeal of Corporate Tax Timing Shift         -235          235      -28,993       -1,196       27,780        2,409            0       -4,555        4,555            0       -2,409            0
                                     -----------------------------------------------------------------------------------------------------------------------------------------------------------
    Total Changes in Revenuesa......     -130,060      -46,650      -11,275       13,292       40,564       13,696        9,302        3,497       11,916        7,373     -134,129      -88,346
    On-budget revenues..............      -39,143      -16,344      -11,270       13,302       40,582       13,717        9,325        3,522       11,942        7,401      -12,873       33,034
    Off-budget revenuesb............      -90,917      -30,306           -5          -11          -18          -21          -23          -25          -26          -28     -121,257     -121,380
 
                                                                              CHANGES IN DIRECT SPENDING (Outlays)
 
Title II--Extension of Certain
 Expiring Provisions and Related
 Measures:
    Extension of Payroll Tax               90,917       30,306            0            0            0            0            0            0            0            0      121,223      121,223
     Reduction (On-budget)b.........
    Extension of Payroll Tax              -90,917      -30,306            0            0            0            0            0            0            0            0     -121,223     -121,223
     Reduction (Off-budget)b........
    Unemployment Compensation.......       23,620       10,705          -15          -15          -15          -15          -15          -15          -15          -15       34.280       34,205
    Physician Payment Update........       11,340       19,280        5,660       -1,350           40          810        1,040          940          680          410       34,970       38,850
    Other Medicare Extensions and           1,484        1,037       -2,056       -3,429       -4,395       -4,770       -5,084       -5,392       -5,685      -10,078       -7,359      -38,368
     Health Provisions..............
                                     -----------------------------------------------------------------------------------------------------------------------------------------------------------
        Subtotal, Title II..........       36,444       31,022        3,589       -4,794       -4,370       -3,975       -4,059       -4,467       -5,020       -9,683       61,891       34,687
Title III--Flood Insurance Reformc..            0          -70         -150          220            0            0            0            0            0            0            0            0
Title IV--Auction and Use of                1,420        1,460         -445       -3,231       -3,895       -4,395       -3,444       -2,590         -726         -641       -4,691      -16,487
 Spectrum...........................
Title V--Offsets:
    Fannie Mae and Freddie Mac             -1,300       -4,600       -4,000       -3,500       -3,300       -3,300       -3,700       -3,900       -4,000       -4,100      -16,700      -35,700
     Guarantee Fees.................
    Social Security Provisions                  0            0            0         -212         -405         -537         -547         -517         -496         -476         -617       -3,190
     Related to Noncovered
     Employment (off-budget)........
    Require Social Security Number              0       -2,606         -823         -820         -832         -848         -856         -864         -872         -872       -5,081       -9,393
     for Child Tax Credit...........
    Ending Unemployment Compensation          -15          -14          -12          -12          -11          -12          -12          -12          -13          -14          -64         -127
     and Supplemental Nutrition
     Assistance for Millionaires....
    Federal Civilian Employees......            0          -25          -90         -136         -178         -214         -243         -267         -300         -340         -429       -1,793
    Health Care Provisions..........            0            0            0            0            0       -2,170       -4,058       -4,746       -8,616      -11,394            0      -30,984
                                     -----------------------------------------------------------------------------------------------------------------------------------------------------------
        Subtotal, Title V...........       -1,315       -7,245       -4,925       -4,680       -4,726       -7,081       -9,416      -10,306      -14,297      -17,196      -22,891      -81,187
Title VI--Miscellaneous Provisions            150         -252            0            0            0            0            0            0            0            0         -102         -102
 (Repeal Timing Shift for
 Merchandise Processing Fees).......
Total Changes in Direct Spending....       36,699       24,915       -1,931      -12,485      -12,991      -15,451      -16,919      -17,363      -20,043      -27,520       34,207      -63,089

[[Page 19912]]

 
        On-budget outlays...........      127,616       55,221       -1,931      -12,273      -12,586      -14,914      -16,372      -16,846      -19,547      -27,044      156,047       61,324
        Off-budget outlays..........      -90,917      -30,306            0         -212         -405         -537         -547         -517         -496         -476     -121,840     -124,413
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: Congressional Budget Office and the staff of the Joint Committee on Taxation.
Note: AMT = Alternative Minimum Tax; components may not sum to totals because of rounding.
aFor revenues, positive numbers indicate a decrease in the deficit; negative numbers indicate an increase in the deficit.
bThe bill would modify and extend the payroll-tax holiday for one year, causing a reduction in off-budget revenues credited to the Social Security trust funds. The bill also would transfer
  from the Treasury to the Social Security trust funds an amount equal to that off-budget revenue loss. The off-budget receipt would offset the lost revenue and, thus, section 2001 would have
  no net off-budget effect. (Other sections in the bill would have an off-budget effect.)
cTitle III would raise premiums for certain subsidized flood insurance policies, increasing net income to the National Flood Insurance Program by $4.9 billion. However, because many policies
  would continue to be subsidized and the program would continue to face significant interest costs for borrowing over the past decade, CB0 expects that additional receipts collected under
  this legislation would be spent to cover future program shortfalls, resulting in no net effect on the budget over the 2012-2021 period.


             TABLE 3. CBO ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS OF H.R. 3630, THE MIDDLE CLASS TAX RELIEF AND JOB CREATION ACT OF 2011, AS INTRODUCED ON DECEMBER 9, 2011
                                                                              [Millions of dollars, by fiscal year]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                          2012         2013         2014         2015         2016         2017         2018         2019         2020         2021      2012-2016    2012-2021
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                      NET INCREASE OR DECREASE (-) IN THE ON-BUDGET DEFICIT
 
Total On-Budget Changes.............      166,759       71,565        9,339      -25,575      -53,167      -28,631      -25,698      -20,368      -31,488      -34,445      168,920       28,290
    Less:
        Current-Policy Adjustment          10,160       17,080        5,040            0            0            0            0            0            0            0       32,280       32,280
         for Medicare Payments to
         Physiciansa................
                                     -----------------------------------------------------------------------------------------------------------------------------------------------------------
Statutory Pay-As-You-Go Impact......      156,599       54,485        4,299      -25,575      -53,167      -28,631      -25,698      -20,368      -31,488      -34,445      136,640       -3,990
Memorandum:
    Changes in Outlaysa.............      117,456       38,141       -6,971      -12,273      -12,586      -14,914      -16,372      -16,846      -19,547      -27,044      123,767       29,044
    Changes in Revenues.............      -39,143      -16,344      -11,270       13,302       40,582       13,717        9,325        3,522       11,942        7,401      -12,873       33,034
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
aSection 7(c) of the Statutory Pay-As-You-Go Act of 2010 provides for current-policy adjustments related to Medicare payments to physicians.
Notes: Components may not sum to totals because of rounding.
Sources: Congressional Budget Office and Joint Committee on Taxation.

  I would also note that the first bullet on the distinguished minority 
leader's chart was exactly the President's proposal. The President has 
asked to increase premiums on wealthy seniors; the President does.
  So it is interesting the minority leader is criticizing the 
President's own proposal, which is put directly into this bill.
  I reserve the balance of my time and would tell my colleague that I 
am prepared to close.
  Mr. LEVIN. Mr. Speaker, I yield myself the balance of my time.
  The SPEAKER pro tempore. The gentleman from Michigan is recognized 
for 2\3/4\ minutes.
  Mr. LEVIN. I want to start by reading one of the 400-plus 
communications we received. This is from Jackie of Amherst, New 
Hampshire: ``Unemployment benefits helped me make ends meet while I was 
using my savings and 401(k) to keep up with everything. Now they are 
gone. My savings are long gone. My 401(k) is almost gone. I am watching 
everything I worked so hard for, for my entire adult life, slip away 
from me. I am 50.''
  In the name of reform, what the House Republicans are doing is to 
retreat, to retreat from assisting the unemployed through no fault of 
their own. According to the data received from the Department of Labor, 
3.3 million Americans would lose weeks of unemployment benefits under 
this bill compared to an extension of current law.
  The President has made his position clear. The Statement of 
Administration Policy says: ``The administration strongly opposes H.R. 
3630. With only days left before taxes go up for 160 million 
hardworking American, H.R. 3630 plays politics at the expense of middle 
class families.
  ``Instead of working together to find a balanced approach that will 
actually pass both Houses of Congress, H.R. 3630 instead represents a 
choice to refight old political battles over health care and introduce 
ideological issues into what should be a simple debate about cutting 
taxes for the middle class.
  ``If the President were presented with H.R. 3630, he would veto the 
bill.''
  In good conscience, we should not support this bill. Remembering the 
3.3 million who would have their benefits cut under this bill, there 
should be a resounding ``no.'' A resounding ``no.''
  I yield back the balance of my time.
  Mr. CAMP. Mr. Speaker, I yield myself the balance of my time.
  The SPEAKER pro tempore. The gentleman from Michigan is recognized 
for 2\1/2\ minutes.
  Mr. CAMP. This bill will strengthen our economy and help get 
Americans back to work by lowering the tax burden for middle class 
families and job providers.
  It prevents massive cuts to doctors working in the Medicare program 
to protect American seniors and those with disabilities, providing more 
stability in the doctor payment schedule than there has been in a 
decade.
  It adopts 12 of the President's legislative initiatives, which 
represents the bipartisan cooperation Americans are demanding, and 
includes an increase in Medicare premiums for the wealthy, as the 
President requested.
  It will extend Federal unemployment programs to 5 million Americans, 
those still struggling after the President's failed stimulus program. 
I'm still waiting for the 3.5 million jobs that were promised and the 6 
percent unemployment rate. But we ensure in this bill that they get the 
assistance they need.
  And under this bill, more than 1 year of benefits will be available. 
It's fully paid for with spending reductions, spending cuts, not job-
killing tax hikes.
  Commonsense reforms and savings in this bill include things like 
actually requiring those who receive an unemployment check to look for 
work and get a GED if they don't have a high school diploma, require 
undocumented workers who are seeking refundable--that's cash--tax 
credits to actually have a valid Social Security number, just like is 
required in the earned income tax credit.
  And the bill freezes pay for Members of Congress and other 
nonmilitary government personnel. This legislation also protects 
critical programs by reducing the Federal tax subsidies that go to 
wealthier Americans. We put an end to millionaires and billionaires 
receiving unemployment benefits and food stamps, saving over $20 
million.
  We also adopt the President's plan to reduce subsidies to high-income 
seniors by requiring them to pay a greater share of their Medicare 
premium. That reduces Federal spending by $31 billion.

[[Page 19913]]

  All told, this bill incorporates more than a dozen proposals the 
President has either offered, supported, or has signed into law in one 
variation or another. In fact, 90 percent of this bill is paid for with 
those policies.
  I urge support of this legislation. This bill is about strengthening 
our economy, helping Americans find a job. It doesn't add one dime to 
the debt. It is bipartisan, and it will help get our economy back on 
track. Please vote ``yes'' for this bill.
  I yield back the balance of my time.
  Mr. HOLT. Mr. Speaker, instead of creating jobs--which is what the 
American people want and need from this body--we are here discussing a 
measure that has no chance of becoming law. Instead of working toward 
commonsense solutions to solve our jobs crisis and get Americans back 
to work, we are once again playing political games.
  Mr. Speaker, we should not allow last year's one-year mistake to 
become a permanent attack on Social Security and the livelihood of its 
beneficiaries. Social Security should not be used as a rainy-day fund 
or a political bargaining chip. It should come as no surprise that 
President Roosevelt described it best. He said, ``We put these payroll 
contributions there so as to give the contributors a legal, moral, and 
political right to collect their pensions and their unemployment 
benefits. With those taxes in there, no damn politician can ever scrap 
my social security program.'' Let's cut payroll taxes for 160 million 
Americans but make up the lost revenue by temporarily eliminating the 
cap on wages taxed for Social Security. As much as we need economic 
stimulus now, we will need Social Security for decades to come.
  What else does this legislation do, Mr. Speaker? It contains 
irrelevant and controversial provisions like the Keystone Pipeline, 
which the President has promised to veto. It requires millions of 
American seniors to pay more for health care, while doing nothing to 
ask the wealthiest among us to pay their fair share. It reduces by 40 
weeks the maximum length of unemployment benefits and cuts completely 
the benefits for millions of Americans who need this vital lifeline 
through no fault of their own. This bill cuts funding for preventative 
health care and endangers the health of our children by blocking air 
quality standards that will help combat pediatric asthma. It also fails 
to take seriously the question of Medicare reimbursement to physicians 
and instead simply puts a temporary patch on a problem that needs long-
term reform.
  But perhaps more important, Mr. Speaker, is to consider what this 
bill fails to do. This bill fails to address tax relief that could 
actually benefit middle-class families, expand our workforce, and grow 
our economy. This bill does nothing to address the Alternative Minimum 
Tax, which will affect more than 30 million Americans next year. It 
fails to provide tax relief for our Nation's teachers. It does nothing 
to address the need to invest in research and development. I have 
authored legislation to expand and make permanent the R&D tax credit 
and to promote increased investment in research-intensive small 
businesses. These measures are proven job creators, yet they have not 
been brought forward for consideration by this body because the 
majority has blocked any attempt to include meaningful amendments. This 
is just another example of how a closed rule produces bad legislation.
  Mr. Speaker, many of the provisions contained in this legislation 
make little sense to middle-class families. So why are we here debating 
it? Why are we wasting time on a measure that is sure to fail? I urge 
my colleagues to join me in demanding a measure that provides 
commonsense tax relief for middle-class families, protects Social 
Security, and helps put the unemployed back to work.
  Ms. JACKSON LEE of Texas. Mr. Speaker, I rise today to oppose H.R. 
3630, ``Middle Class Tax Relief and Job Creation Act of 2011.'' This 
legislation sends the wrong message at the worst time for Americans. As 
we approach a new year, my colleagues on the other side of the aisle 
have once again targeted millions of seniors and middle class families 
for cuts without asking essentially anything of millionaires and 
billionaires.
  They have singled out Medicare premium increases that permanently 
increase seniors' costs by $31 billion. The bill also, when you look at 
it carefully, spends $300 million on a special interest provision that 
helps a handful of specialty hospitals while cutting billions from 
community hospitals.
  Republicans have targeted the unemployed, slashing 40 weeks of 
unemployment insurance, impacting millions of families still struggling 
under the weight of the worst economic downturn since the Great 
Depression. Twenty-two jurisdictions with the highest unemployment 
rates would be hit the hardest: Alabama, California, Connecticut, DC, 
Florida, Georgia, Illinois, Idaho, Indiana, Kentucky, Michigan, 
Missouri, Nevada, New Jersey, North Carolina, Ohio, Oregon, Rhode 
Island, South Carolina, Tennessee, Texas, and Washington. The result 
would be that in the state that Mr. Camp and I come from--Michigan--the 
bill would cut unemployment insurance to 46 weeks.
  Essentially the sacrifice will be borne by middle class and low 
income Americans, as the wealthiest among us have not been asked to 
join in this shared sacrifice. Not even after the wealthiest 1 percent 
saw their incomes nearly triple in the last three decades while 
salaries for middle class families barely budged.
  There are more than four unemployed Americans for every job opening. 
Never on record in our Nation's history have there been so many 
unemployed Americans out of work for so long. There is nothing normal 
about this recession. Republicans are clearly out of touch with the 
needs of American families.
  I am committed to producing tangible results in suffering communities 
through legislation that creates jobs, fosters minority business 
opportunities, and builds a foundation for the future. Every American 
deserves the right to be gainfully employed or own a successful 
business and I know we are all committed to that right and will not 
rest until all Americans have access to economic opportunity.
  According to a report released by the Department of Labor late this 
afternoon, 3.3 million Americans would lose unemployment benefits as a 
result of the GOP bill compared to a continuation of current law. In 
the State of Texas alone 227,381 people will lose their sole source of 
income by the end of January.
  This bill stands as a shining example of not keeping a pledge given 
to the American people. A little over a year ago, Republican leadership 
released to the public their Pledge to America in which they told the 
American people that they would ``end the practice of packaging 
unpopular bills with `must-pass' legislation to circumvent the will of 
the American people. [Further] Instead, [Republicans] will advance 
major legislation one issue at a time.'' This is what my colleagues 
stated less than one year ago. But before this body today they have 
presented us with a package that is the exact opposite of that pledge. 
This bill is riddled with provisions that I cannot support. I will not 
support needlessly adding to the burdens already being borne by hard 
working Americans. This is an inconsistent message being given to the 
American people. The Republicans need to honor their pledge to the 
American people.
  This bill will reduce the current Payroll Tax Cut by 2 percent and 
addresses the Sustainable Growth Rate (SGR) for two years, providing a 
1 percent update for both 2012 and 2013 and resulting in a scheduled 37 
percent cut in 2014. It extends the Emergency Unemployment Compensation 
Program until January, 2013 but lowers the amount of time benefits are 
provided from 99 weeks currently to 59 weeks.
  It also includes permanent provisions allowing drug testing of 
applicants and would allow states to require a high school diploma or 
being enrolled in classes for a GED to be eligible for benefits. The 
bill offsets the costs of these extensions by significantly increasing 
both the amount of Medicare premiums paid by high-income beneficiaries 
and the number of beneficiaries required to pay these higher premiums, 
and by cutting Medicare provider rates.
  In addition, it prohibits immigrants without social security numbers 
from receiving the refundable portion of the Child Tax Credit. It 
further offsets the bill by freezing federal employee pay for an 
additional year through 2013, and increases fees charged by Fannie Mae 
and Freddie Mac to lenders. It also includes frequency Spectrum sales 
to help offset the cost of the bill, but with provisions related to net 
neutrality included in the language.
  H.R. 3630 is a direct assault on the jobless. This legislation sends 
the wrong message at the worst time for Americans who are looking for 
employment, who are concerned about losing their homes and who are 
doing everything in their power to feed themselves and their families, 
and their neighbors.
  If we allow these unemployment insurance benefits to expire in the 
next 17 days--there will be millions of people who will not be able to 
pay their mortgage or their rent in January and could find themselves 
homeless by February.
  We are throwing millions of Americans out of their life boats, into 
an ocean without a life preserver. This is senseless. If those benefits 
run out, millions of people who've lost their jobs could see their sole 
source of income end in January. And this could have an effect on the 
larger economy.
  While the bill extends the payroll tax deduction, it limits the 
availability of federally funded

[[Page 19914]]

unemployment assistance, and includes punitive provisions for the least 
skilled jobless workers.
  If there is a single federal program that is absolutely critical to 
people in communities all across this Nation at this time, it would be 
unemployment compensation benefits. Unemployed Americans must have a 
means to subsist, while continuing to look for work that in many parts 
of the country is just not there. Families have to feed children.
  According to the U.S. Bureau of Labor Statistics the state of Texas 
continues to have the largest year-over-year job increase in the 
country with a total of 253,200 jobs. However, there are still 
thousands of Texans like thousands of other Americans in dire need of a 
job.
  The bill being brought to the Floor by my Republican Colleagues does 
not adequately address the needs of the unemployed.
  The plan put forth by my Republican colleagues has provisions to 
slash the duration of federal unemployment benefits by 40 weeks. Since 
2008, federal programs expiring in January have provided up to 73 weeks 
of compensation for workers who use up 26 weeks of state benefits.
  In addition, the version heading to the House Floor would slash an 
additional 20 weeks of federal Emergency Unemployment Compensation and 
it would let states reduce benefits even further. It would also impose 
a uniform federal work search requirement and disqualify high school 
dropouts not actively pursuing GEDs and millionaires from receiving 
benefits. The unemployment reforms, sweeping as they are, may be lost 
amid other features of the Republican package.
  A worker advocacy group recently described the drug testing element 
as the ``most disturbing'' part of the Republican unemployment reforms. 
``Devising new ways to insult the unemployed only distracts from the 
current debate over how to best restore the nation's economy to strong 
footing and the discussion over how to best support the unemployed and 
get them back to work.''
  The requirement to insist that to qualify for benefits that a person 
has earned should require a GED or a high school diploma will have a 
negative impact on minorities.
  The labor force participation rate for persons without a high school 
diploma is 20 percentage points lower than the labor force 
participation rate for high school graduates.
  Nationally, approximately 70 percent of all students graduate from 
high school, but African-American and Hispanic students have a 55 
percent or less chance of graduating from high school.
  Only 52 percent of students in the 50 largest cities in the United 
States graduate from high school. That rate is below the national high 
school graduation rate of 70 percent, and also falls short of the 60 
percent average for urban districts across the Nation.
  What is needed is job training programs that are funded rather than 
penalties for those who for a multitude of reasons have not attained a 
high school diploma or GED.
  Unemployed workers, many of whom rely on public transportation, need 
to be able to get to potential employers' places of work. Utility 
payments must be paid. Most people use their unemployment benefits to 
pay for the basics. No one is getting rich from unemployment benefits, 
because the weekly benefit checks are solely providing for basic food, 
medicine, gasoline and other necessary things many individuals with no 
other means of income are not able to afford.
  Personal and family savings have been exhausted and 401Ks have been 
tapped, leaving many individuals and families desperate for some type 
of assistance until the economy improves and additional jobs are 
created. The extension of unemployment benefits for the long-term 
unemployed is an emergency. You do not play with people's lives when 
there is an emergency. We are in a crisis. Just ask someone who has 
been unemployed and looking for work, and they will tell you the same.
  With a national unemployment rate of 9.1 percent, preventing and 
prolonging people from receiving unemployment benefits is a national 
tragedy. In the City of Houston, the unemployment rate stands at 8.6 
percent as almost 250,000 individuals remain unemployed.
  Indeed, I cannot tell you how difficult it has been to explain to my 
constituents who are unemployed that there will be no further extension 
of unemployment benefits until the Congress acts. Whether the 
justification for inaction is the size of the debt or the need for 
deficit reduction, it is clear that it is more prudent to act 
immediately to give individuals and families looking for work a means 
to survive.
  Currently, individuals who are seeking work find it to be like 
hunting for a needle in a hay stack. For every job available today, 
there are four people who are currently unemployed. You can not fit a 
square peg in a round hole and point fingers at the three other people 
who when that jobs is filled is left unemployed. Lets be realistic 
there are currently 7 million fewer jobs in the economy today compared 
to when this recession began.


                         UNEMPLOYMENT INSURANCE

  Current law provides federal unemployment insurance benefits for up 
to 99 weeks, depending on the pervasiveness of unemployment in the 
state. The so-called Middle Class Tax Relief and Job Creation Act of 
2011 reduces this to a maximum of 59 weeks in hardest hit states. Such 
a move fails to consider the weak jobs market and the harm reducing 
unemployment benefits would inflict on families and the national and 
local economies. Unemployment has been above 8 percent since April 
2009, and the percent (43 percent in November 2011) of unemployed 
workers who have been without a job for six months or more has remained 
at record levels for 31 months.
  This simply does not make sense. Reducing workers benefits does not 
solve the long-term unemployment crisis. It is illogical to reduce 
benefits at a time when long-term unemployment has broken records and 
is setting new ones.
  My Republican colleagues not only cut the amount of unemployment 
benefits available by nearly fifty percent, this bill also includes 
provisions that would reduce access to and stigmatize those who receive 
unemployment insurance.


    HIGH SCHOOL DIPLOMA OR GED REQUIREMENT FOR UNINSURANCE BENEFITS

  This legislation denies unemployment insurance benefits to the most 
vulnerable workers, those without a high school diploma or GEDs, if 
they can't demonstrate they are enrolled in a program leading to a 
credential. Workers with less than a high school diploma are unemployed 
at significantly higher rates than workers with a bachelor's degree 
(13.2 percent v. 4.4 percent).
  I understand the rationale behind wanting to advance the skills of 
our nation's work force. Believe me the hardships faced by those who 
have not attained a GED or high school diploma are indisputable.
  The labor force participation rate for persons without a high school 
diploma is 20 percentages points lower than the labor force 
participation rate for high school graduates.
  Nationally, approximately 70 percent of all students graduate from 
high school, but African-American and Hispanic students have a 55 
percent or less chance of graduating from high school. If this measure 
passes, African-Americans and Hispanics will be hit the hardest. They 
have already been hit the hardest by this recession. And now we are 
throwing them out of their life boat!
  Only 52 percent of students in the 50 largest cities in the United 
States graduate from high school. That rate is below the national high 
school graduation rate of 70 percent, and also falls short of the 60 
percent average for urban districts across the Nation.
  Over his or her lifetime, a high school dropout earns, on average, 
about $260,000 less than a high school graduate, and about $1 million 
less than a college graduate.
  However, I vehemently disagree with how to address increasing the 
skills of our workforce. I do not believe we should blame those who for 
a variety of reasons were not able to attain a high school diploma or 
GED. We should not punish them by excluding them from benefits that 
they have earned! We should be focused on programs to encourage and 
retrain our workforce. Programs like those offered by organizations 
like the National Urban League.


          DRUG TESTING REQUIREMENT FOR UNEMPLOYMENT INSURANCE

  To make matters worse, this message also allows states to require 
drug testing as a condition of receiving unemployment insurance, a 
condition that is highly controversial and possibly unconstitutional 
when imposed on all applicants or recipients.
  This is an additional stigma to the jobless. It implies that all they 
are doing are sitting around the house doing drugs. It is part of a 
systematic strategy of blaming the jobless for their predicament rather 
than focusing on building the economy so that there are more jobs for 
which they can apply. This is demeaning, demoralizing, and not how hard 
working Americans who have lost their jobs should be treated.
  Republicans have not cited any data suggesting that drug use 
contributes to joblessness or that there is an elevated rate of drug 
abuse among the unemployed.
  We must act now to extend unemployment insurance and remove these 
dastardly provisions that do nothing more than insult the integrity of 
the jobless. We have 17 days to act.

[[Page 19915]]

On Dec. 31, federal unemployment insurance benefits are set to expire, 
which means nearly 2 million will be cut off from unemployment 
insurance early next year if Congress doesn't act within the next 19 
days. We must heed the immediate needs of their constituents who are 
worried about how they will meet their basic needs if they can't find a 
job and lose their unemployment insurance, and they should pass a clean 
bill that extends unemployment insurance and the payroll tax cut, vital 
lifelines for families struggling in this tough economy.
  Under current law, states are not allowed to deny workers 
unemployment insurance for reasons other than on-the-job misconduct, 
fraud or earning too much money from part-time work.
  Currently, 9.8 million people are receiving unemployment insurance in 
some form. In addition, an estimated 4.4 million families are receiving 
assistance through the Temporary Assistance for Needy Families program. 
Millions more get other kinds of aid.
  The drug testing requirement is burdensome and onerous. Under current 
federal law an individual can not be required to pay for their own drug 
test. No funds have been extended to pay for drug testing. States that 
require drug tests will have to utilize administrative funds.
  Testing costs around $25.00, there are currently 15 million people 
going through the system, as unemployment is granted in weekly 
increments this could result in millions of tests being taken a week at 
an astronomical cost to the state.
  States will be have to pay to process an additional 15 million urine 
samples if drug testing for unemployment insurance is required.
  Unemployment is at its highest in twenty-five years, the economy is 
in a downward spiral, millions of people are just getting by and 
government wants to further degrade them. There is no evidence to 
support that this requirement is effective. There is no evidence to 
support that the average person who applies for UI is an illegal drug 
user. The inference that those who need this benefit must be screened 
for drugs is offensive. Hardworking Americans are depending on a 
benefit they worked to attain.


                UNEMPLOYMENT INSURANCE HELPS THE ECONOMY

  A study was conducted the research firm IMPAQ International and the 
Urban Institute found Unemployment Insurance benefits:
  Reduced the fall in GDP by 18.3%. This resulted in nominal GDP being 
$175 billion higher in 2009 than it would have been without 
unemployment insurance benefits.
  In total, unemployment insurance kept GDP $315 billion higher from 
the start of the recession through the second quarter of 2010; kept an 
average of 1.6 million Americans on the job in each quarter: at the low 
point of the recession, 1.8 million job losses were averted by UI 
benefits, lowering the unemployment rate by approximately 1.2 
percentage points; made an even more positive impact than in previous 
recessions, thanks to the aggressive, bipartisan effort to expand 
unemployment insurance benefits and increase eligibility during both 
the Bush and Obama Administrations. ``There is reason to believe,'' 
said the study, ``that for this particular recession, the UI program 
provided stronger stabilization of real output than in many past 
recessions because extended benefits responded strongly.''
  For every dollar spent on unemployment insurance, this study found an 
increase in economic activity of two dollars.
  According to the Economic Policy Institute that extending 
unemployment benefits could prevent the loss of over 500,000 jobs.
  If Congress fails to act before the end of the year, Americans who 
have lost their jobs through no fault of their own will begin losing 
their unemployment benefits in January. By mid-February, 2.1 million 
will have their benefits cut off, and by the end of 2012 over 6 million 
will lose their unemployment benefits.
  Congress has never allowed emergency unemployment benefits to expire 
when the unemployment rate is anywhere close to its current level of 
9.1 percent.
  Republicans seem to want to blame the unemployed for unemployment. 
But the truth is there are over four unemployed workers for every 
available job, and there are nearly 7 million fewer jobs in the economy 
today compared to when the recession started in December 2007.
  The legislation introduced today would continue the current Federal 
unemployment programs through next year.
  This extension not only will help the unemployed, but it also will 
promote economic recovery. The Congressional Budget Office has declared 
that unemployment benefits are ``both timely and cost-effective in 
spurring economic activity and employment.'' The Economic Policy 
Institute has estimated that preventing UI benefits from expiring could 
prevent the loss of over 500,000 jobs.
  In addition to continuing the Federal unemployment insurance programs 
for one year, the bill would provide some immediate assistance to 
States grappling with insolvency problems within their own UI programs.
  The legislation would relieve insolvent States from interest payments 
on Federal loans for one year and place a one-year moratorium on higher 
Federal unemployment taxes that are imposed on employers in States with 
outstanding loans.
  According to preliminary estimates, these solvency provisions will 
stop $5 billion in tax hikes on employers in nearly two dozen States, 
as well as provide $1.5 billion in interest relief. The legislation 
also provides a solvency bonus to those States not borrowing from the 
Federal government.
  We must extend unemployment compensation. This will send a message to 
the nation's unemployed, that this Congress is dedicated to helping 
those trying to help themselves.
  Until the economy begins to create more jobs at a much faster pace, 
and the various stimulus programs continue to accelerate project 
activity in local communities, we cannot sit idly and ignore the 
unemployed.
  We cannot now, or ever, allow partisan politics to keep us from 
addressing the needs of American families, the unemployed and seniors. 
I encourage my colleagues on the other side of the aisle to drop these 
harmful policy riders.
  Mr. DAVIS of Illinois. Mr. Speaker, I submit for your consideration 
opposition to drug testing and screening of unemployment insurance 
recipients and applicants as proposed in H.R. 3630 Middle Class Tax 
Relief and Job Creation Act of 2011. Never before has there been a 
greater need to ease the pain of millions of Americans attempting to 
make ends meet post economic/financial crisis and anemic jobs market. 
Daily, we are reminded of the rippling effects of these man-made 
disasters. Indeed, today's headline ``America's Youngest Outcasts'' 
shines the light on 1.6 million (one and 45 children) children homeless 
in 2010, a 38% spike from 2007. Yesterday's headline connected to dots 
and charted a direct correlation between the percentage of children 
living in poverty and unemployment rate. What will tomorrow's headline 
read with proposed unemployment insurance drug testing and screening?
  Mandatory drug testing falls into the category of ill-conceived 
barriers. Implementing laws requiring mandatory ``suspicionless'' drug 
testing and screening for families is punitive and is not premised on 
any reasonable rationale. Such random testing is not only reckless and 
based on insidious stereotypes but mostly a costly and an inefficient 
way of identifying recipients in need of drug and substance abuse 
treatment. Additionally, imposing further sanctions on unemployment 
insurance recipients and applicants who've depleted savings or assets 
and at risk or in foreclosure will have harsh effects on children.
  Our children's wellbeing is a measurement of our Nation's wellbeing. 
Lest anyone get carried away with the notion that unemployment 
insurance is a means of funding the purchase and usage of drugs, the 
fact is unemployment insurance promotes opportunity for the next 
generation.
  The unrelenting partisan campaign to impose drug testing and 
screening requirements on the unemployed will be devastating. Beyond 
the toll on individuals, creating barriers to much needed unemployment 
insurance will have huge fiscal and social consequences. Congress can 
ill-afford to take a passive approach to helping millions of Americans 
waiting along the sidelines uncertain about employment opportunities. 
In these trying times we must hold fast to the words of James Madison, 
The Father of the Constitution, charging us to ``promote the general 
Welfare. . . . to ourselves and posterity.'' To do so otherwise is not 
only a disservice to our Constitution, but also a disservice to all 
Americans.
  Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, I rise to speak in 
opposition to H.R. 3630. I support the extension of the payroll tax 
holiday and Emergency Unemployment Compensation, but the current 
version forces us to make unfair, and unnecessary choices between those 
individuals in this country who are most in need.
  This legislation would make drastic cuts to health care programs. If 
enacted, H.R. 3630 would cut over $21 billion from Affordable Care Act 
programs, effectively increasing the number of uninsured Americans by 
170,000. H.R. 3630 would also cut $8 billion from the Prevention and 
Public Health Trust Fund, and over $21 billion from Medicare provider 
rates. Mr. Speaker, as a registered nurse, I know that these cuts will 
fall largely on hospitals, and effectively cut off access to healthcare 
to the elderly, the sick, and the uninsured.
  To suggest that this bill is an authentic attempt by the majority to 
resolve a lapse of

[[Page 19916]]

benefits that will occur if not extended is simply disingenuous. The 
majority has attached controversial provisions that have no chance of 
being considered by the Senate, and would be promptly vetoed by the 
President.
  It was my hope to offer an amendment to H.R. 3630 that would address 
the increase we have seen in the number of children and others living 
in poverty. Unfortunately, my Republican colleagues have barred any 
amendments to this flawed piece of legislation.
  Failure to extend these benefits will have immediate and drastic 
effects on American middle class families. We should not risk tax 
increases on these families, or cut off unemployment benefits for those 
out of work. I cannot support this bill as it is not consistent with 
American values.
  Mr. CARNAHAN. Mr. Speaker, I rise in opposition to H.R. 3630, the 
Middle Class Tax Relief and Job Creation Act.
  I apologize that I was not able to vote on the question of 
consideration of the resolution for the Rule on H.R. 3630. I was in an 
important meeting with constituents at the time the vote was called and 
was not able to make it to the capitol in time. Had I been available, I 
would have voted ``no'' on this resolution so the House could work on a 
serious proposal to extend the payroll tax holiday, unemployment 
insurance, and Medicare payments.
  H.R. 3630 makes cuts to essential programs, such as education, 
healthcare, and energy and contains several poison pill policy riders 
unrelated to the crucial issues of payroll tax and unemployment 
insurance that make this bill a political stunt, not a legitimate 
policy proposal. This bill as currently constructed is not about tax 
cuts for the middle class or creating jobs, rather, it is about 
political ideologies and severing bi-partisan agreements.
  H.R. 3630 will severely cut unemployment insurance and federal 
employee benefits at a time when our economy cannot afford the damage 
these cuts will inflict. We need to focus on cutting taxes for the 
middle class and closing loopholes so that big corporations and the 
ultra-rich pay their fair share.
  Furthermore, H.R. 3630 includes cuts to hospitals which would 
devastate the patients and the communities these hospitals serve. 
Specifically, the plan calls for significant cuts to funding for 
hospital outpatient care and Medicare ``bad debt'' that helps hospitals 
care for low-income seniors. At the same time, the measure fails to 
include expiring provisions that help provide care in rural America. In 
my district in Saint Louis, hospitals are an important source of jobs, 
like many communities throughout America. I cannot support a bill that 
would surely lead to cut backs in not only services for our seniors, 
but also to cuts in jobs in my community.
  I strongly oppose this legislation, and hope to work on a serious 
compromise that provides real relief for the middle class and creates 
jobs for Americans.
  Mr. CONYERS. Mr. Speaker, I rise in opposition to H.R. 3630, an 
unacceptable, tone deaf response to the legitimate needs of the 
American people.
  Unless Congress acts this month, millions of hardworking Americans--
nearly 2 million in January alone and over 6 million in 2012--will be 
cut off from the emergency lifeline provided by unemployment insurance. 
In my home State of Michigan, over 160,000 jobless Americans would be 
left adrift, without any way to weather the worst job market since the 
Great Depression.
  Providing unemployment benefits during periods of economic crisis 
should be a no brainer. These benefits help keep the economy afloat and 
give job seekers the time necessary to find work in a tight job market. 
As such, previous Congresses have always come together to pass these 
benefits on a bipartisan and bicameral basis. In fact, since the 
unemployment insurance system was created, Congress has never cut back 
on federally-funded extended benefits when unemployment was over 7.2 
percent.
  Yet, this is exactly what this unacceptable proposal from the 
Republican Majority would do. H.R. 3630 would cut back the maximum 
weeks of unemployment benefits from 99 weeks to 59 weeks for current 
beneficiaries in Michigan. According to the National Employment Law 
Project, the proposed cuts could mean a loss of up to $22 billion in 
economic activity next year and approximately 140,000 jobs lost 
nationally in 2012.
  Additionally, the bill would add additional unnecessary restrictions 
on those seeking benefits. Applicants would be required to have a high 
school diploma, or use benefits to pay for the pursuit of a GED. It 
would also further humiliate those seeking unemployment benefits by 
requiring the unemployed to take drug tests in order to receive 
benefits. Insinuating that people are remaining unemployed because 
they're using illegal drugs is the height of ignorance and exemplifies 
how out of touch the Majority is when it comes to understanding the 
plight of Americans trying to survive the Great Recession. If anyone 
deserves to be drug tested, it's the Wall Street executives whose 
recklessness and irrational gambling problem caused the massive 
unemployment problem in the first place.
  H.R. 3630 isn't a serious effort to extend these provisions. Instead, 
it's a package that's filled with riders and controversial cuts that 
won't pass the Senate. The bill includes language that would:
  Create indefinite delay to standards that protect people's health 
from industrial boilers and incinerators, which would prevent up to 
8,100 premature deaths, avoid 52,000 asthma attacks, and 5,100 heart 
attacks each year;
  Short-circuit the review of the controversial Keystone XL Tar Sands 
Pipeline;
  Make millions of seniors, some with incomes as low as $80,000 a year, 
pay substantially more for their health care under Medicare--increasing 
the health care costs of these seniors by $31 billion over 10 years;
  Impose a pay freeze and benefit cuts that would take more than $53 
billion out of the pockets of federal workers;
  Cut $10.6 billion in Medicare ``bad debt'' payments, which help 
hospitals cover out of pocket costs that low-income seniors are unable 
to afford;
  Cut $6.8 billion for hospital outpatient payments for emergency room 
visits;
  Cut $4.1 billion to Medicaid DSH payments for hospitals that treat 
high numbers of uninsured patients; and
  Relax restrictions on self-referral to physician owned hospitals, 
which would result in increased utilization of services and higher 
costs for the Medicare program.
  The time is long past for partisan gamesmanship. In two short weeks, 
in addition to unemployment benefits running out, the taxes of middle 
class families in Michigan are scheduled to increase by $1,800 and cuts 
in the reimbursements for doctors who participate in Medicare will kick 
in.
  It is clear that the Majority needs to take a break from its war on 
the environment, seniors, and the uninsured and join with Democrats to 
create jobs and grow our economy.
  Mrs. DAVIS of California. Mr. Speaker, it's nice to hear the House 
Majority finally talking about the importance of infrastructure jobs. 
They claim this bill will create thousands of jobs from one project--
the Keystone Pipeline extension.
  However, America has infrastructure needs in all corners of the 
nation and this bill ignores those needs.
  In San Diego County, where my district sits, there has been a 3-
percent loss in construction jobs dropping it to 226th out of 337 metro 
areas. This is according to a report just released by the Associated 
General Contractors of America.
  And San Diego was not alone. The report noted that 145 other metro 
areas suffered losses in construction jobs.
  The reason for this drop in jobs, you may ask? The contractors say it 
is because Congress is lagging in passing infrastructure and 
transportation bills.
  Despite being touted as a jobs bill, H.R. 3630 fails to address other 
critical infrastructure projects to rebuild our schools, roads, and 
bridges.
  Mr. Speaker, this House should be debating a real infrastructure bill 
that will provide needed jobs and meet our infrastructure needs.
  Mr. DINGELL. Mr. Speaker, today I rise with disappointment over the 
legislative package put before us. As American families struggle to 
heat their homes, find jobs in their communities, and save for 
retirement or their children's education, my colleagues on the other 
side of the aisle are using this package to provide assistance to these 
families to insert controversial policy riders. Like all members of the 
U.S. House of Representatives, I agree that we must pass a sensible 
solution to fix the way providers are paid under Medicare, an 
unemployment extension, and tax relief for middle-class families, but I 
cannot in good conscience support H.R. 3630 as written.
  Like my colleagues, I agree strongly that we must address the 
Sustainable Growth Rate, ensuring that our medical providers are paid 
sufficiently for the coverage they provide under Medicare. However, 
H.R. 3630 will address this problem for only the next two years, 
leaving us to once again deal with a massive payment cut--37 percent--
in 2014. I believe strongly that we must come together and find a way 
to permanently address the way we pay our doctors rather than kicking 
the can down the road time after time. Further, I cannot stomach though 
the drastic cuts to our healthcare programs. H.R. 3630 will pay for 
these extenders by increasing Medicare premiums for some beneficiaries 
and increasing

[[Page 19917]]

the number of beneficiaries required to pay increased premiums. It also 
cuts over $21 billion from Affordable Care Act programs, endangering 
the implementation of health reform, increasing the number of uninsured 
by 170,000 people, and breaking our promise to American families, 
seniors and children that they will have access to affordable health 
coverage.
  In another act of blatant cynicism, my Republican colleagues seem to 
be blaming the recession on the unemployed by slashing their benefits. 
America's working families didn't cause our country's economic 
troubles, yet the Republicans seem bent on making them pay all the 
same. We're not out of this recession, and my friends on the other side 
of the aisle want us to swallow an unheard-of 40-week reduction in 
benefits for people struggling to make ends meet? As if that weren't 
enough, Republicans seek to ensure that state agencies can engage in 
all manner of bureaucratic rascality to deny the truly needy the 
benefits they must have to keep the heat on and put food on the table. 
This GOP strategy to keep America down so they can win elections next 
year sickens me. The people in Michigan are hurting badly and need more 
help, not less. The Republicans' solution to the economic woes of 
working men and women would do Ebenezer Scrooge proud.
  The final nail in this legislative coffin is the decision by the 
Majority to roll back efforts to protect our environment. I believe it 
is important that the Clean Air Act's health-based and air quality 
standards be protected. The federal government has a system already in 
place to keep our air clean and maintain the health of our citizens and 
rather than dismantle this system, we must bolster it. I agree any 
solution to air pollution issues must represent an equitable balance 
among all affected industries and parties. The existing Clean Air Act 
is such a solution and before we take any steps to alter it, as the so-
called ``EPA Regulatory Relief Act'' does, we need to know we have 
developed something much better to put in its place. In hearings on 
this and other bills to change the Clean Air Act, I've asked my 
colleagues to come up with real solutions but instead their only idea 
is to indefinitely postpone Clean Air requirements without any regard 
to air quality or health effects. As we work to improve our fragile 
economy, it is important that we support businesses so they can have 
the tools to create and maintain jobs and put Americans back to work. 
However, it is also important that we not cede ground in our efforts to 
keep our air clean; the health of our citizens is too important.
  Mr. Speaker, this bill is yet another in a long list of partisan 
bills that my Republican colleagues have brought to the House floor 
with the knowledge and understanding that it is dead on arrival in the 
Senate. If Congress is to govern properly--by producing balanced plans 
to reduce our deficit, investing in our Nation's infrastructure, and 
creating jobs--then we must set aside the extreme ideological agenda 
and come together for a common cause. The American people want and need 
the federal government working to restore our economy, increase our 
competitiveness in the global marketplace, and provide American 
families with the opportunity to succeed. When this bill fails to move 
in the Senate, I hope my Republican colleagues will realize that we 
cannot spend the rest of the 112th Congress legislating from the 
fringes of the political spectrum.
  Mr. VAN HOLLEN. Mr. Speaker, I support extending the current payroll 
tax cut for 160 million working Americans. I support protecting the 
lifeline of unemployment insurance for those who remain out of work 
through no fault of their own. And I support fixing the broken 
Sustainable Growth Rate formula for physicians who participate in 
Medicare--which is precisely why I oppose this bill.
  Everyone in this Chamber knows it won't pass the Senate. The 
President has said he won't sign it. In short, it has exactly zero 
chance of getting enacted into law.
  Now, several weeks ago, that scenario sounded like it was actually 
the preferred outcome for a majority of my friends on the other side of 
the aisle. The Republican leadership stated that it opposed extending 
the payroll tax cut and unemployment insurance. If the Republican 
leadership has changed its mind and is now sincere about protecting the 
middle class, it's time to dispense with the posturing, throw out the 
poison pills, stop scapegoating the federal workforce and start 
seriously negotiating a package that can receive bicameral, bipartisan 
support.
  Mr. GEORGE MILLER of California. Mr. Speaker, 1.1 million 
Californians stand to lose their unemployment benefits if Congress 
fails to do its job.
  And the bill before us today is the perfect example of Congress 
failing to do its job--yet again.
  Let's be clear what's going on here.
  Republicans in Congress have opposed every effort by President Obama 
and Democrats in Congress to create more American jobs and to rescue 
our economy from the worst recession to since the Great Depression.
  They even opposed extending the payroll tax cut that the President 
signed into law last year that expires at the end of this year. That 
tax cut is worth $1,000 to the average American. If Congress does not 
extend the payroll tax cut, Congress will be increasing taxes on middle 
class workers by $1,000.
  Republicans in Congress have also opposed extending unemployment 
insurance for the millions of workers who have not been able to find 
work for no fault of their own.
  First, they block efforts to create jobs. Then they oppose extending 
to them unemployment insurance.
  Unbelievable.
  Now, they are feeling enormous public pressure to extend the payroll 
tax cut and unemployment insurance benefits. Democrats would pay for 
the cost of the payroll tax cut for middle class workers by slightly 
increasing taxes on people who earn more than $1 million per year.
  Republicans refuse to increase taxes by any amount on people who earn 
more than $1 million a year.
  Instead, they propose paying for the payroll tax cut by cutting 
unemployment insurance benefits.
  Unbelievable.
  Their bill cuts 40 weeks of unemployment insurance benefits from 
people in my state of California, and in 20 other states as well.
  We wouldn't need long-term unemployment insurance if Republicans were 
serious about solving America's economic problems, but they are not 
serious about solving problems. In fact, they refuse.
  No new jobs under their watch.
  No new taxes on people who earn more than $1 million per year under 
their watch.
  But, it's ok to cut unemployment benefits that help create jobs and 
keep food on middle class families' tables.
  Now, to add to the indignity of it all, Republicans want to drug test 
those who lost their jobs through no fault of their own.
  Have the Republicans in control of Congress forgotten how we got into 
this recession in the first place?
  It was Wall Street that recklessly drove our nation's economy into 
the ditch. And millions lost their jobs because of it.
  And the crisis persists in part because the majority refuses to do 
anything about it.
  You'd think that the unemployed caused the job crisis.
  The unemployed didn't sell toxic securities. They didn't sell 
trillions of dollars of phony credit default swaps. They didn't blow up 
the global economy.
  No, that was Wall Street aided by lax oversight from Washington.
  If the Republicans want to drug test people who get benefits from the 
federal government, I suggest they look at Wall Street bank executives 
who drove our economy into the ditch in the first place.
  Congress should not demonize the unemployed who are desperate to get 
back to work.
  Unbelievable.
  Mr. Speaker, Congress has a job to do. It is our responsibility to 
work together to help put Americans back to work, to ensure our tax 
policy is fair and balanced, and to make sure that Americans have 
unemployment insurance benefits to help carry them and their families 
through while they are looking for work.
  This bill would cut unemployment benefits by 40 weeks for the 
unemployed in California and 20 other states, and then it would require 
drug tests for those who do get benefits. This bill should be rejected.
  Mr. STARK. Mr. Speaker, I rise in strong opposition to H.R. 3630, 
which would be better entitled ``the House Republicans' ultimate year-
end wish list.''
  This Republican bill is an affront to senior citizens, middle class 
workers, and low-income families--at a time when Americans are enduring 
the toughest economy since the Great Depression.
  As this bill details, Republicans would have seniors permanently pay 
increased Medicare premiums for just one year of a payroll tax cut for 
working Americans and a one-year gutted extension of unemployment 
insurance.
  This bill is wrongheaded, it's heartless, and it's bad for our 
fragile economic recovery.
  Republicans want one in four Medicare beneficiaries to start paying 
significantly higher Medicare premiums. If their proposal were fully in 
effect today it would hit people with $40,000 in annual income--those 
aren't the rich.
  They ignore the reality that wealthier seniors already pay more for 
Medicare benefits today--and they've also paid more in Medicare taxes 
during their working years. Republicans should be honest about their 
goal here.

[[Page 19918]]

This isn't to make the rich pay more, it is designed to undermine 
Medicare's guaranteed benefits for ALL of America's senior citizens and 
people with disabilities and get the government out of the business of 
guaranteeing health benefits.
  Republicans have also tucked in a special interest giveaway that 
costs $300 million. They would undo parts of the health reform law in 
order to give physician-owned hospitals more room to grow and to line 
their pockets. We already know these facilities have caused patient 
deaths and run up Medicare costs with unnecessary use of tests and 
procedures. This Republican handout is bad for Americans' health, but 
it's great for these special interest friends of the Republicans.
  The Medicare provisions and giveaways are enough to oppose this 
legislation. Unfortunately, this bill is also a vehicle to attack 
working families and environmental protections.
  This bill would eliminate 40 weeks of unemployment insurance benefits 
for workers in my state of California and many other states. Not only 
do House Republicans want to pull the rug out from unemployed people 
searching for work, they also want them to submit to the indignity of 
having to take a drug test to qualify for benefits. Not only are you 
out of a job, you are also a presumed drug user in the eyes of 
Republicans.
  America may want to drug test House leaders for including terrible 
anti-environmental policy riders that are entirely un-related to either 
tax cuts, unemployment insurance, or Medicare. In order to sweeten the 
pot for the more radical members of the Speaker's caucus, this 
legislation would block the EPA from reducing mercury pollution. It 
would also usurp Presidential authority and approve the Keystone tar 
sands pipeline without proper review.
  We need to get down to the business of extending unemployment 
insurance, protecting seniors and preserving the middle class. This 
dangerous bill, once again, shows Republican's willingness to hang the 
middle class and senior citziens out to dry to further their special 
interest agenda.
  Mr. WOLF. Mr. Speaker, while I support comprehensive tax reform, I do 
not support the flawed legislation presently before us. I have 
repeatedly said it is long past time to close tax loopholes, end the 
practice of tax earmarks and lower tax rates on American families and 
employers. I support a long-term ``doc fix'' to ensure that doctors 
continue to accept Medicare patients. I support the Keystone XL 
pipeline and efforts to reform unemployment insurance, all of which are 
included in this bill. However, these are not the central issues of the 
legislation we are considering today.
  The issue today, as defined by both political parties and the 
president, is whether or not a temporary--and costly--one-year payroll 
tax ``holiday'' should expire at the end of the month. The real issue 
is whether it is responsible for Washington to further shortchange the 
Social Security Trust Fund at a time when it is already on an 
unsustainable path.
  This ``holiday'' is a raid on Social Security, which is already going 
broke. Social Security is unique because it is paid for through a 
dedicated tax on workers who will receive future benefits. The money 
paid today funds benefits for existing retirees, and ensures future 
benefits. Because you pay now, a future retiree will pay your benefits. 
That is why, until last year, this revenue stream was considered 
sacrosanct by both political parties.
  Raw facts demonstrate that Social Security is on an unsustainable 
path. Today's medical breakthroughs were simply not envisioned when the 
system was created in 1935. For example, in 1950, the average American 
lived for 68 years and 16 workers supported one retiree. Today, the 
average life expectancy is 78 and three workers support one retiree. 
Three and a half million people received Social Security in 1950; 55 
million receive it today. Every day since January 1, 2011, over 10,000 
baby-boomers turned 65. This trend will continue every day for the next 
19 years. Do these numbers sound sustainable to anyone?
  I recently asked a group of McLean High School students and a group 
of young James Madison University alumni whether they believed that 
they would receive Social Security benefits when they retire. Not one 
hand was raised. Not a single one.
  The Social Security Actuary has said that by 2037 the trust fund will 
be unable to pay full benefits. When this time is reached, everyone 
will receive an across the board cut of 22 percent, regardless of how 
much money they paid into the system.
  Let me repeat. Under our current path, within 15 years all Social 
Security benefits will be cut by 22 percent.
  Granting another tax holiday is unwise. It puts the existing benefits 
of those 55 million Americans who currently receive Social Security at 
risk to continue a failed ``stimulus'' policy.
  Last December, when unemployment stood at 9.4 percent, the president 
touted the ``holiday'' as a one-year measure that would help cure our 
economic ills and would spur economic growth.
  Yet here we are again. After spending most of the year above 9 
percent, unemployment has dropped to 8.6 percent. But that belies the 
primary driver of this change: 315,000 Americans simply stopped looking 
for work. Nobody can say with a straight face that the payroll tax 
``holiday'' has had a meaningful impact on the unemployment rate, nor 
would it if extended for another year.
  Does it make sense that everyone, regardless of income, will get 
money from this ``stimulus?'' Does anyone think that Warren Buffet 
changed his buying habits as a result of this temporary suspension? Or 
General Electric's CEO, Jeffery Immelt, who is also head of President 
Obama's Council on Jobs and Competitiveness?
  I opposed the legislation creating the Social Security tax 
``holiday'' last year for similar reasons. I just cannot support an 
extension that further compromises the stability of the Social Security 
Trust Fund.
  Real structural reforms are needed to stabilize Social Security. Past 
experience shows that Congress will spend the next 10 years figuring 
out how to spend the money designated as offsets for today's bill on 
other projects. It won't be used to pay for the bill. Knowing this, I 
cannot in good faith support a measure to raid the trust fund without 
comprehensive reform to the system.
  The expiring payroll tax ``holiday'' is costing Americans $112 
billion. To pay for it, we are borrowing money from nations such as 
China, which is spying on us, where human rights are an afterthought, 
and Catholic bishops, Protestant ministers and Tibetan monks are jailed 
for practicing their faith, and oil-exporting countries such as Saudi 
Arabia, which funded the radical madrasahs on the Afghan-Pakistan 
border resulting in the rise of the Taliban and al Qaeda.
  Our national debt is over $15 trillion. It is projected to reach $17 
trillion next year and $21 trillion in 2021. We have annual deficits of 
approximately $1 trillion. We have unfunded obligations and liabilities 
of $62 trillion.
  We all know what needs to be done and that is why I have supported 
every serious effort to resolve this crisis, including the Bowles-
Simpson recommendations, the Ryan Budget, the ``Gang of Six,'' the 
``Cut, Cap and Balance'' plan and the Budget Control Act.
  I also was among the bipartisan group of 103 members of Congress who 
urged the supercommittee to ``go big'' and identify $4 trillion in 
savings. I voted for the Balanced Budget Amendment to the Constitution, 
which would have established critical institutional reforms to ensure 
that the Federal Government lives within its means. In addition, since 
2006, I have introduced my own bipartisan legislation, the SAFE 
Commission, multiple times.
  While none of these solutions were perfect, they all took the 
necessary steps to rebuild and protect our economy. In order to solve 
this problem, everything must be on the table for consideration--all 
entitlement spending, all domestic discretionary spending, including 
defense spending, and tax reform, particularly changes to make the tax 
code more simple and fair and to end the practice of tax earmarks that 
cost hundreds of billions of dollars.
  Because the extension of the payroll tax ``holiday'' is not part of a 
comprehensive tax and entitlement reform package, it ignores the bigger 
picture: everything must be on the table to enact sweeping reforms to 
right our fiscal ship of state.
  Does anyone really think that this will only be a one-year extension? 
I suspect that at this time next year Congress will once again be 
considering another costly extension. And what will happen the year 
after that?
  If past precedent holds, the 10-year price tag of this ``holiday'' 
will come to about $1.2 trillion. The supercommittee was unable to 
agree to any deficit reduction plan, let alone their $1.2 trillion 
goal. The consequences of this failure will be severe.
  Air Force Chief of Staff General Norton Schwartz said that the coming 
across-the-board cuts to our defense capabilities, as a result of the 
supercommittee's failure, are akin to having major surgery performed by 
a plumber. The Commonwealth of Virginia will feel particular pain from 
these defense cuts. Bloomberg Government reported that Virginia is the 
number one recipient of defense spending.
  How will the Congress pay for this extended tax cut and still make 
the needed cuts to our deficit and debt?
  I feel as if Washington exists in a parallel universe. After months 
of passionately debating the importance of reducing the debt, the

[[Page 19919]]

president and Congress are now using all the ``easy'' and ``quick'' 
offsets to extend a one-year temporary tax break that's barely, if at 
all, improved the economic indicators.
  Senator Tom Coburn recently said that ``the question the American 
people ought to ask is where is the backbone in Washington to actually 
pay for these extensions in the year the money's spent.'' I think it's 
clear that the backbone doesn't exist.
  Leadership starts at the top, and the president has repeatedly failed 
to address our Nation's deficit. Earlier this month, the president drew 
a line in the sand and said Congress shouldn't go home until the 
payroll holiday is extended.
  He has not drawn that line for the doc fix, which is necessary to 
ensure that doctors will accept Medicare patients.
  He has not done that for unemployment benefits.
  He has done the opposite on the Keystone XL pipeline, postponing the 
decision for yet another year, until after the next election.
  Above all, he has not drawn a line in the sand for a comprehensive 
deficit reduction plan. In fact, he has spent most of the year running 
from serious deficit reduction efforts, including the one proposed by 
his own fiscal commission. He has not proposed significant changes to 
entitlement programs or embraced comprehensive tax reform.
  We need look no further than the riots in Europe to see the 
destructive impact that results from the crushing reality of a 
government unable to deliver promised entitlements to its citizens. 
There have been riots in Belgium, Spain, France, Ireland, England, 
Italy, Latvia, and Greece. And yet we are considering a proposal that 
moves us closer to Europe's instability.
  Instead of using these bipartisan offsets to pay down our deficit, 
we're increasing spending and using these offsets to maintain our 
unacceptable levels of debt. The American people should be deeply 
troubled that Congress and the president cannot find any bipartisan 
agreement to save our country, but they can still come together to 
increase spending and shortchange Social Security. There is something 
fundamentally wrong with this picture.
  Compounding my belief that the tax ``holiday'' will not be fully paid 
for, I do not agree with some of the offset measures that have been 
included, absent comprehensive reform.
  Some would have the one-year tax ``holiday'' financed through a long-
term, structural attack on federal employees. Federal employees work 
side-by-side on the front lines with our military personnel fighting 
the Global War on Terror in locations such as Iraq and Afghanistan. 
They put their lives at risk daily to defend our national interests.
  The first American killed in Afghanistan, Mike Spann, was a CIA agent 
and a constituent from my congressional district. CIA, FBI, DEA agents, 
and State Department employees are serving side-by-side with our 
military in the fight against the Taliban. Border Patrol and 
Immigration and Customs Enforcement agents are working to stop the flow 
of illegal immigrants and drugs across our borders.
  The medical researchers at NIH working to develop cures for cancer, 
diabetes, Alzheimer's and autism are all dedicated federal employees. 
Dr. Francis Collins, the physician who mapped the human genome and 
serves as director of the National Institutes of Health, is a federal 
employee.
  The National Weather Service meteorologist, who tracks hurricanes, 
and the FDA inspector working to stop a salmonella outbreak, are 
federal employees. The ATF agents who were in Blacksburg immediately 
following last week's shooting are federal employees. These are but a 
few examples of the vital jobs performed by federal employees.
  We can't balance the budget through discretionary cuts alone. We have 
to address the spiraling costs of entitlements, because, to paraphrase 
the infamous bank robber Willie Sutton, that's where the money is. If 
you care about cancer research, if you care about national defense, if 
you care about road improvements or if you care about the poor, you 
should care about entitlement reform. We must reform these programs to 
preserve them for future generations. Otherwise, they will be made 
unrecognizable through forced, significant cuts or eliminated 
altogether.
  Last December, the leaders of the president's bipartisan fiscal 
commission, Erskine Bowles and former Senator Alan Simpson, wrote to 
the president and leaders of Congress, ``Our growing national debt 
poses a dire threat to this nation's future. Ever since the economic 
downturn, Americans have had to make tough choices about how to make 
ends meet. Now it's time for leaders in Washington to do the same.''
  Mr. Speaker, I cannot support this measure and will vote ``no'' as I 
did last December. Let's put these offsets towards real deficit 
reduction and move forward with serious efforts to deal with our 
unsustainable spending.
  Ms. FUDGE. Mr. Speaker, I rise today to strongly oppose this rule and 
the underlying bill. H.R. 3630 allows States to fund reemployment 
programs with money that would otherwise be in the pockets of the 
unemployed.
  My amendment mandates transparency and accountability. It requires 
States to make public the amount of money taken from the checks of 
unemployed Americans.
  This is not the time to divert funds away from those most in need in 
order to fund reemployment programs. Let me be clear, it's not that I 
am against reemployment programs.
  But those who are unemployed need every dollar. And at a time when 
our economy is starting to recover, we need the unemployed to remain 
consumers. Every dollar of unemployment payments generates up to one 
dollar and ninety cents in economic growth.
  I mentioned Karen from Cleveland on the House floor last week. Karen 
was laid off in March. Her unemployment check is allowing her to pay 
her mortgage and buy prescriptions she needs to maintain her health. 
She has completely used up her savings.
  If Karen's check were to decrease, or disappear, the consequences 
would be devastating.
  Karen, like millions of Americans, depends on unemployment insurance 
to stay in their homes, and buy needed medicine. It will create an 
endless cycle of medical bills and homeless shelters.
  For all the unemployed mothers who provide for their children. For 
unemployed seniors who are not quite old enough for Social Security.
  For all the unemployed Americans, whose funds are low and debts are 
high, trying to keep their lives together as they navigate the most 
difficult time period since the Great Depression.
  Let's cut the partisan posturing and extend unemployment insurance 
without unnecessary riders.
  Mr. McKINLEY. Mr. Speaker, I voted to protect the Social Security 
Trust Fund by opposing H.R. 3630 and would like to take this 
opportunity to discuss my decision. This bill was a patchwork of many 
policies that were thrown together at the last hour and created a 
flawed piece of legislation that I could not support.
  Primarily, the corner stone of this legislation--the extension of the 
payroll tax reduction--did not create jobs for the last year it has 
been in effect. Over the past five months, I have been vocal in my 
opposition to the President's unproductive plan. Since, I do support a 
long-term ``doc fix'' to ensure that doctors continue to accept 
Medicare patients, I do not support the $17 billion cut from hospital 
payments, including those that are essential to help hospitals care for 
low-income Medicare patients. I do support the Keystone XL pipeline and 
efforts to reform unemployment insurance; however, these were not the 
central issues of the legislation we considered yesterday.
  Over the last several days, I have conducted numerous town hall-like 
meetings to discuss this legislation with constituents. As a result of 
these conversations with everyday West Virginians, it was apparent to 
me that breaking from both President Obama and even my own party on 
this bill was the right thing to do.
  Washington just doesn't get it. This tax cut has been in effect for 
the last year and it clearly did not improve the economy. And at what 
cost? For the second year in a row, this bill would take another $180 
billion from Social Security with a promise to be paid back over the 
years, all to give the average West Virginia worker an extra $30 in his 
or her paycheck every two weeks. That's not a jobs plan--it's a re-
election plan. We have seen these same unsuccessful economic plans for 
the past three years, and for those three years they have failed 
miserably. Does it make sense to continue to make choices that we know 
from experience do not work?
  I will concede that after spending most of this past year above 9 
percent, unemployment has dropped to 8.6 percent. But the primary 
driver of this change is simply that 315,000 Americans simply stopped 
looking for work. Also, at this time of year, the retail industry 
increases their staff by almost 50 percent; those people will be back 
on unemployment benefits in February. Nobody can say that the payroll 
tax ``holiday'' has had a meaningful impact on the unemployment rate 
thus far, nor will it likely prove beneficial if extended for another 
year.
  We've all been told that Social Security's finances are in trouble, 
yet President Obama's plan makes the situation worse. We cannot 
continue to send mixed messages to senior citizens and current workers. 
They need to be able to trust that Social Security will be there

[[Page 19920]]

for them. If we do not stop extending this payroll tax cut, then Social 
Security will cease to be a guarantee and instead become another 
typical government program reliant entirely on politicians' whims.
  That's not fair for our seniors or current workers who are currently 
paying into Social Security. So the question becomes, if not now, when 
we will stop raiding Social Security?
  H.R. 3630 is just another temporary tax reduction that only produces 
more uncertainty for employers and fails to protect our seniors. Real 
structural reforms are needed to stabilize Social Security. Past 
experience shows that Congress will spend the next 10 years figuring 
out how to spend the money designated as offsets for today's bill on 
other projects. It won't be used to pay for the bill; I could not in 
good faith support a measure that will raid the trust fund without 
comprehensive reform to the system.
  As Andrew Biggs, a resident scholar at the American Enterprise 
Institute, said, ``People don't generally respond well to temporary tax 
cuts so it's unlikely you're going to see a strong economic response.'' 
House Budget Committee Chairman Paul Ryan has likened the payroll tax 
cut to ``sugar-high economics.'' And Chris Edwards, a tax scholar at 
the Cato Institute, said that the president's plan ``is based on faulty 
Keynesian theories and misplaced confidence in the government's ability 
to micromanage short-run growth.'' Perpetuating the president's failed 
economic policies, especially if we have to rob Social Security to do 
it, has to stop.
  Additionally, the reductions in federal reimbursements to hospitals 
that are contained in this legislation are not acceptable. Hospitals in 
northern West Virginia are already being paid at some of the lowest 
Medicare rates in the country; we should not be making it even harder 
for the hospitals to provide quality healthcare to our seniors.
  Again, since this bill was loaded up at the last minute with several 
items which I have already strongly supported throughout this 
Congress--including jumpstarting the Keystone Pipeline, relaxing EPA 
regulations on boilers, extending and reforming unemployment benefits 
and other government programs, and preventing a scheduled 27% cut to 
doctors' Medicare reimbursement rates--it is simply unacceptable to 
continue the president's misguided economic theories at seniors' 
expense.
  This bill has a long way to go despite the short timeframe in which 
Congress is operating, and if significant changes are made, it may be 
worth another look. But I came to Washington to get something done, 
create jobs, and restore common sense to the process. Unfortunately 
this particular bill fails that test.
  Mr. GENE GREEN of Texas. Mr. Speaker, during this Season of Giving, 
when our nation should be reflecting on the need of friends and 
neighbors who are out of work and struggling to provide for their loved 
ones, this chamber will vote today to cut unemployment benefits for one 
million of our fellow Americans.
  The House Majority's bill, H.R. 3630, would eliminate several tiers 
of benefits, created under the Emergency Unemployment Compensation 
program, which has provided up to 99 weeks of support for those who 
lost their jobs through no fault of their own.
  If this legislation becomes law, the maximum potential unemployment 
benefit will fall to 59 weeks.
  This legislation would also allow states, many of which are 
struggling to balance their budgets, to reduce the average weekly 
amount available to beneficiaries.
  I am strongly opposed to any reduction in emergency unemployment 
insurance.
  This Congress cannot and must not adjourn for the holidays and go 
home to tell our unemployed neighbors that the richest country on earth 
cannot find a place in their heart to help them in their time of need.
  Mr. Speaker, unfortunately I am not able to support H.R. 3630 even 
though I am a strong supporter of moving the Keystone XL Project along 
and would support the language included in this bill if considered 
separately.
  The Keystone XL project makes both energy and economic sense for our 
country, and I hope that the Administration could find a way to allow 
for construction to commence in some of the states while simultaneously 
revisiting the route in Nebraska.
  I urge my colleagues to stand in support of the millions of our 
fellow Americans struggling to find work and to oppose this 
legislation.
  Mr. KINGSTON. Mr. Speaker, I rise today in support of the language 
included in this bill that would remove current barriers for states to 
strengthen the unemployment program through optional drug testing. The 
purpose of the unemployment insurance program is to be a safety net, a 
bridge to reemployment. However, when beneficiaries choose to abuse 
illegal drugs they are no longer at their competitive best within the 
jobs market.
  That is why I have proposed legislation, H.R. 3601 the ``Ensuring 
Quality in the Unemployment Insurance Program (EQUIP) Act,'' that would 
require screenings for applicants of unemployment insurance. Applicants 
would be screened using a non-invasive questionnaire that has a 94 
percent accuracy rate. If identified as likely to use drugs, an 
applicant for unemployment would be required to pass a drug test as a 
condition of benefits. This non-invasive practice has been upheld by 
state courts in New Jersey, Texas and Indiana. A federal court in West 
Virginia upheld that state's practice of screening applicants for 
Social Security Disability Insurance.
  The screening would not increase federal spending. The estimated cost 
is $12 per person. This would be more than offset by reducing the $7.5 
billion budget for the controversial Independent Payment Advisory Board 
(IPAB) and Consumers Operated and Oriented Plan (CO-OPs), which was 
established to ration health care expenditures.
  At one of the several listening sessions I had with business owners 
earlier this year, I had an employer tell me of an overwhelming 
response for job openings. There was just one problem: half the people 
who applied could not even pass a drug test. Another told me about an 
employee they had to temporarily lay off when times were tight. A month 
later when he contacted his former employee to offer him a new 
position, he declined because unemployment was paying the bills. With 
our budget woes of more than $15 trillion in debt, how can we justify 
using unemployment insurance to pay someone not to work when they have 
voluntarily taken themselves out of the hiring pool? That is what we 
are doing when someone on unemployment is using drugs.
  Under the current system, workers can earn up to 26 weeks through 
employer contribution but are eligible for 99 weeks of benefits under 
current law. Your tax dollars make up the difference. Maximizing 
efficiency and effectiveness of programs like unemployment insurance 
has to be our society's goal.
  Drug screening beneficiaries incentivizes individuals to not abuse 
drugs, which would otherwise render them unfit to be employed. Some 
have said this proposal asks too much of those who have lost their 
jobs, but asking someone who is unemployed to do his or her part by 
staying eligible to work is common sense, not draconian.
  I look forward to working with the Committee on this proposal and a 
hearing in the spring.
  Ms. RICHARDSON. Mr. Speaker, I rise today in strong opposition to 
H.R. 3630, the GOP Tax Extenders Package. This bill does nothing to 
create jobs, support the middle class or stimulate our economy. 
Instead, the Republicans have decided to play politics at the expense 
of ninety-nine percent of American families.
  As we wrap up this year's legislative business, individuals receiving 
unemployment insurance benefits, physicians anxiously awaiting 
certainty that they will be adequately reimbursed for treatment they 
deliver to Medicare patients and millions of middle class families 
facing a tax increase are depending on us to put politics aside and act 
responsibly. Unfortunately, the GOP Tax Extenders Package is mere 
political theater that takes an irresponsible approach to solving these 
issues.
  Mr. Speaker, President Obama called on Congress to extend the payroll 
tax deduction in order to save working Americans an average of $1,500 
over the next year. If Congress does not act by the end of the year, 
American families making an average of $50,000 per year will see their 
taxes raised $1,000. At a time when the average American is struggling 
to make ends meet, it is essential that we extend the payroll tax cut 
to ensure that middle class American families can spend the money 
they've earned. Lowering the rate Americans contribute to Social 
Security out of their paychecks will help stimulate consumer spending, 
create jobs and revive our economy.
  While the Republican bill we are considering today extends the 
current payroll tax cut by two percent and addresses the SGR ``doc 
fix'' for two years, there are a number of ideological poison pills 
attached to this bill that simply make this measure unacceptable. 
First, the bill cuts Medicare provider rates by over $21 billion and 
significantly increases the number of Medicare beneficiaries required 
to pay higher premiums for services they need.
  Second, the bill would cut over $21 billion from Affordable Care Act 
programs, which will increase the ranks of the uninsured by 170,000 
Americans. Although we are making progress in ensuring that more 
Americans have access to quality and affordable health insurance plans, 
the Republicans are recklessly attempting to roll back provisions of 
the Affordable Care Act that have proven successful at increasing 
access to healthcare. The

[[Page 19921]]

Prevention and Public Health Trust Fund, an essential piece of the 
Affordable Care Act tasked with promoting healthy lifestyles and 
prevention treatment to keep Americans healthy, would suffer a 
deleterious $8 billion cut.
  Further, this bill would roll back the amount of time benefits are 
provided to recipients of emergency unemployment compensation. The 
current program allows beneficiaries to receive unemployment 
compensation for up to 99 weeks; however, the Republican Tax Extenders 
Package would lower that amount of time to 59 weeks. As we are all 
aware, the current job market is extraordinarily bleak. With the 
unemployment level in my district hovering around twenty percent, 
shortening the length of time benefits are provided would have a 
devastating impact on those who rely on unemployment compensation as 
their main source of income.
  Mr. Speaker, cutting back emergency unemployment compensation from 99 
to 59 weeks hurts the most vulnerable members of our society. That is 
why I submitted an amendment to this legislation that would extend 
current unemployment benefits for 2012, if the implementation of 
subtitle B of title II is found to have a disproportionately adverse 
effect on workers aged 55 and older by the Secretary of Labor. Had my 
amendment been made in order and adopted, it would have provided much 
needed relief to job-seeking seniors in this tough economic 
environment.
  Time is running out. Republican brinksmanship on must-pass 
legislation continues to damage job creation and create uncertainty for 
businesses and the markets. In their Pledge to America, House 
Republicans promised to focus on jobs and keep extraneous and 
controversial provisions out of must-pass legislation. This bill is yet 
another example of their broken promises to the American people.
  For all these reasons I cannot support H.R. 3630, and I urge my 
colleagues to join me in voting against this bill.
  Mrs. MALONEY. Mr. Speaker, the House Republican Majority has done 
nothing to create jobs during the first session of the 112th Congress 
and now they're adding further injustice by hurting the millions of 
Americans who have lost their jobs through no fault of their own. The 
Republican unemployment insurance proposal would cut in half the total 
number of weeks of benefits provided, harm those States with the 
highest rates of prolonged unemployment, and allow unemployment funds 
to be used for other purposes.
  If Congress does not act on an extension of unemployment benefits, 
more than one million Americans could lose their unemployment benefits 
next year. This is compounded by the Economic Policy Institute's 
findings that the drop in consumer demand resulting from expired 
unemployment benefits would cost the U.S. economy more than half a 
million jobs. This is unacceptable. According to the Congressional 
Budget Office providing federal unemployment benefits is one of the 
most effective ways to help boost the economy--in fact, for every 
dollar of benefits, nearly $2 in economic growth goes into the 
surrounding community. We should be working to support American 
families instead of causing more damage.
  This bill should be about extending tax incentives and not pushing 
through the Majority's anti-environment agenda. This legislation 
includes a provision that bypasses the Keystone XL pipeline 
environmental review process by requiring the President to make a 
decision whether to approve the project within 60 days, even though a 
final route has not yet been proposed. It is responsible and critical 
that the Administration complete a proper assessment of the health 
risks and potential toxic contamination to the surrounding communities 
posed by the pipeline. Any effort to rush this process and compel a 
decision before a thorough review should not stand.
  The Majority also is attempting to block air quality standards that 
have been thoroughly reviewed. The EPA is more than a decade late on 
issuing emissions standards requiring incinerators and boilers to 
reduce toxic air pollutants. While this would impact less than 1 
percent of all boilers in the U.S., the Republican Majority is again 
attempting to nullify and delay the discharge limits. The pollutants 
from these emissions are linked to asthma, cancer, and heart disease, 
with the EPA estimating that the pollution reductions required by the 
rules would prevent up to 8,100 premature deaths, 52,000 asthma 
attacks, and 5,100 heart attacks each year and yield $12 to $30 in 
health benefits for every dollar spent to meet the standards. Such 
controversial provisions as the pipeline and the emissions standards 
have no place in tax legislation.
  The issue of spectrum allocation should not be pushed through at the 
end of this session. While H.R. 3630 grants the Federal Communications 
Commission the authority to conduct incentive auctions, it does not 
ensure proper oversight of the process. This is especially concerning 
as it relates to the public safety network. In the immediate aftermath 
of September 11th the importance of a strong and consistent public 
safety network was clear--first responders and emergency workers must 
be able to communicate in emergency and disaster situations. There is 
an insufficient amount of funds to research, build, and develop the 
public safety communications network as well as no requirement that the 
network providing for effective governance and national operability.
  Finally, while I wholeheartedly believe that we must fix the Medicare 
Sustainable Growth Rate Physician payment formula (or ``doc fix''), we 
cannot do it on the backs of the hospitals. This bill would cut 
Medicare hospital outpatient reimbursement rates to equalize them with 
rates for services provided in physician offices. The proposal is 
misguided because it ignores the significant differences in cost 
structures between hospitals and physician offices, including the added 
costs hospitals incur for caring for the uninsured. All of these cuts 
are on top of $155 billion in hospitals cuts from the Affordable Care 
Act (ACA) and more than $40 billion in cuts just created by 
sequestration. Hospitals simply cannot sustain these cuts and patient 
care will suffer if they are forced to do so.
  Ms. McCOLLUM. Mr. Speaker, I rise today in opposition to the so-
called Middle Class Tax Relief and Job Creation Act (H.R. 3630). The 
title of this bill is misleading at best. H.R. 3630 does not create 
jobs or relieve the struggles of the middle class. Instead, it 
drastically reduces federal benefits for the unemployed and slashes 
health care funding by over $17 billion. Moreover, it contains highly 
partisan and controversial policy riders that would have no chance of 
becoming law if considered under regular order.
  Let me be clear. Congress must extend the payroll tax cut and offset 
the extension responsibly. Federal unemployment benefits, in their 
current form, must be extended before the end of the year. We must 
prevent a 27.4 percent cut to Medicare physician payments that 
jeopardize seniors' access to necessary health services. Action is 
urgently needed to address these issues. However, the House Republican 
proposal before us today unjustly places the burden of paying for these 
fixes on those in our society who can least afford it: the unemployed, 
low-income families, and seniors.
  In this bill, House Republicans cut the weeks of unemployment 
insurance by more than half: from 99 to 59 weeks. Over 43,000 out-of-
work Minnesotans will lose unemployment insurance as a result of this 
change. This is economically counter-productive and morally wrong. This 
provision will do real harm to Minnesota families and undermine our 
fragile economic recovery. The result of this cut would be more 
foreclosures, more repossessions, more homelessness and more anguish 
for struggling mothers, fathers and children.
  Remarkably, my Republican colleagues are heaping insult on this 
injury by inserting a provision to allow drug testing of applicants for 
unemployment insurance. Notably, this provision does not apply to the 
millions of Americans who receive federal funding through other 
programs and tax benefits. With this ridiculous provision, Republicans 
are telling millions of unemployed Americans they are untrustworthy and 
irresponsible. Republicans are choosing to waste taxpayer funds on a 
big-government drug testing program instead of providing much-needed 
support to families struggling with unemployment. I could not disagree 
more with the shameful priorities expressed through the inclusion of 
this provision.
  H.R. 3630 also cuts more than $17 billion in federal funding from 
hospitals and health providers. This cut will reduce reimbursements for 
outpatient services, cut payments for unpaid health care debts, shrink 
the prevention and public health fund, and impose an increase in 
Medicare Part B premiums for certain beneficiaries. These cuts threaten 
to restrict access of low-income Minnesotans and seniors to needed 
health care services.
  The House Republican majority had other options for offsetting the 
costs of H.R. 3630. Among those options was a small and temporary 
increase on the amount of taxes paid by those Americans least affected 
by the Great Recession. House Democrats will attempt to improve H.R. 
3630 today during floor debate by replacing cuts to health care and 
unemployment insurance with a 3.6 percent surcharge on incomes over $1 
million a year. At a time when income inequality in America is at an 
all-time high, this is a necessary step to restore economic fairness 
and opportunity. I will support this motion when it comes to a vote 
this afternoon.

[[Page 19922]]

  This Democratic motion is also important because it includes language 
requiring Members of Congress to publicly disclose their personal 
trading activity in the stock market. Increasing transparency to 
prevent Members of Congress from inappropriately profiting from insider 
knowledge is a common-sense reform that should be immediately enacted. 
If these improvements to H. R. 3630 are not included, I urge my 
colleagues to join me in opposing the legislation.
  This bill is likely to be a missed opportunity for true compromise. 
It does important things, such as extending the payroll tax cut for 160 
million Americans and preventing a 27.4 percent cut to Minnesota 
physician reimbursements with a two-year fix. In addition, it extends 
the physician work geographic adjustment, which ensures Minnesota 
providers are not additionally penalized by the Medicare payment 
system. Yet, the decision to pay for these measures with cuts to 
seniors, low-income families and unemployed Americans was entirely 
avoidable and thus, completely unacceptable.
  The SPEAKER pro tempore. All time for debate on the bill has expired.
  Pursuant to House Resolution 491, the previous question is ordered on 
the bill, as amended.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.


                           Motion to Recommit

  Mr. VAN HOLLEN. Mr. Speaker, I have a motion to recommit at the desk.
  The SPEAKER pro tempore. Is the gentleman opposed to the bill?
  Mr. VAN HOLLEN. Yes, I am.
  Mr. CAMP. Mr. Speaker, I reserve a point of order.
  The SPEAKER pro tempore. A point of order is reserved.
  The Clerk will report the motion to recommit.
  The Clerk read as follows:

       Mr. Van Hollen moves to recommit the bill, H.R. 3630, to 
     the Committee on Ways and Means, with instructions to report 
     the same back to the House forthwith, with the following 
     amendment:
       Add at the end of the bill the following:

                    TITLE VII--ADDITIONAL PROVISIONS

     SEC. 701. EXTENSION AND EXPANSION OF PAYROLL TAX CUT FOR 
                   MIDDLE CLASS FAMILIES.

       (a) Extension.--For provision extending the payroll tax cut 
     for middle class families, see section 2001.
       (b) Increased Relief.--
       (1) In general.--Subsection (a) of section 601 of the Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010 (26 U.S.C. 1401 note) is amended--
       (A) by inserting ``(9.3 percent for calendar year 2012)'' 
     after ``10.40 percent'' in paragraph (1), and
       (B) in paragraph (2)--
       (i) by striking ``(including'' and inserting ``(3.1 percent 
     in the case of calendar year 2012), including'' after ``4.2 
     percent'', and
       (ii) by striking ``Code)'' and inserting ``Code''.
       (2) Coordination with individual deduction for employment 
     taxes.--Subparagraph (A) of section 601(b)(2) of such Act is 
     amended by inserting ``(66.67 percent for taxable years which 
     begin in 2012)'' after ``59.6 percent''.
       (c) Technical Amendments.--Paragraph (2) of section 601(b) 
     of the Tax Relief, Unemployment Insurance Reauthorization, 
     and Job Creation Act of 2010 (26 U.S.C. 1401 note) is 
     amended--
       (1) by inserting ``of such Code'' after ``164(f)'',
       (2) by inserting ``of such Code'' after ``1401(a)'' in 
     subparagraph (A), and
       (3) by inserting ``of such Code'' after ``1401(b)'' in 
     subparagraph (B).

     SEC. 702. EXTENDING THE ALLOWANCE FOR BONUS DEPRECIATION FOR 
                   CERTAIN BUSINESS ASSETS.

       For provision extending the allowance for bonus 
     depreciation for certain business assets, see section 1201.

     SEC. 703. PREVENTING A REDUCTION IN PAYMENTS TO DOCTORS.

       For provision preventing a reduction in payments to 
     doctors, see section 2201.

     SEC. 704. ENSURING THAT MILLIONAIRES PAY THEIR FAIR SHARE.

       (a) In General.--Subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new part:

                  ``PART VIII--SURTAX ON MILLIONAIRES

``Sec. 59B. Surtax on millionaires.

     ``SEC. 59B. SURTAX ON MILLIONAIRES.

       ``(a) General Rule.--In the case of a taxpayer other than a 
     corporation for any taxable year beginning after 2011 and 
     before 2021, there is hereby imposed (in addition to any 
     other tax imposed by this subtitle) a tax equal to 3.6 
     percent of so much of the modified adjusted gross income of 
     the taxpayer for such taxable year as exceeds the threshold 
     amount.
       ``(b) Threshold Amount.--For purposes of this section--
       ``(1) In general.--The threshold amount is $1,000,000.
       ``(2) Inflation adjustment.--
       ``(A) In general.--In the case of any taxable year 
     beginning after 2012, the $1,000,000 amount under paragraph 
     (1) shall be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2011' 
     for `calendar year 1992' in subparagraph (B) thereof.
       ``(B) Rounding.--If any amount as adjusted under paragraph 
     (1) is not a multiple of $10,000, such amount shall be 
     rounded to the next highest multiple of $10,000.
       ``(3) Married filing separately.--In the case of a married 
     individual filing separately for any taxable year, the 
     threshold amount shall be one-half of the amount otherwise in 
     effect under this subsection for the taxable year.
       ``(c) Modified Adjusted Gross Income.--For purposes of this 
     section, the term `modified adjusted gross income' means 
     adjusted gross income reduced by any deduction (not taken 
     into account in determining adjusted gross income) allowed 
     for investment interest (as defined in section 163(d)). In 
     the case of an estate or trust, adjusted gross income shall 
     be determined as provided in section 67(e).
       ``(d) Special Rules.--
       ``(1) Nonresident alien.--In the case of a nonresident 
     alien individual, only amounts taken into account in 
     connection with the tax imposed under section 871(b) shall be 
     taken into account under this section.
       ``(2) Citizens and residents living abroad.--The dollar 
     amount in effect under subsection (b) shall be decreased by 
     the excess of--
       ``(A) the amounts excluded from the taxpayer's gross income 
     under section 911, over
       ``(B) the amounts of any deductions or exclusions 
     disallowed under section 911(d)(6) with respect to the 
     amounts described in subparagraph (A).
       ``(3) Charitable trusts.--Subsection (a) shall not apply to 
     a trust all the unexpired interests in which are devoted to 
     one or more of the purposes described in section 
     170(c)(2)(B).
       ``(4) Not treated as tax imposed by this chapter for 
     certain purposes.--The tax imposed under this section shall 
     not be treated as tax imposed by this chapter for purposes of 
     determining the amount of any credit under this chapter or 
     for purposes of section 55.''.
       (b) Clerical Amendment.--The table of parts for subchapter 
     A of chapter 1 of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following new item:

                ``part viii. surtax on millionaires.''.

       (c) Section 15 Not To Apply.--The amendment made by 
     subsection (a) shall not be treated as a change in a rate of 
     tax for purposes of section 15 of the Internal Revenue Code 
     of 1986.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2011.

     SEC. 705. PREVENTING INSIDER TRADING BY MEMBERS OF CONGRESS.

       (a) Nonpublic Information Relating to Congress and Other 
     Federal Employees.--
       (1) Commodities transactions.--Section 4c of the Commodity 
     Exchange Act (7 U.S.C. 6c) is amended by adding at the end 
     the following:
       ``(h) Nonpublic Information Relating to Congress.--Not 
     later than 270 days after the date of enactment of this 
     subsection, the Commission shall by rule prohibit any person 
     from buying or selling any commodity for future delivery or 
     swap while such person is in possession of material nonpublic 
     information, as defined by the Commission, relating to any 
     pending or prospective legislative action relating to such 
     commodity if--
       ``(1) such information was obtained by reason of such 
     person being a Member or employee of Congress; or
       ``(2) such information was obtained from a Member or 
     employee of Congress, and such person knows that the 
     information was so obtained.
       ``(i) Nonpublic Information Relating to Other Federal 
     Employees.--
       ``(1) Rulemaking.--Not later than 270 days after the date 
     of enactment of this subsection, the Commission shall by rule 
     prohibit any person from buying or selling any commodity for 
     future delivery or swap while such person is in possession of 
     material nonpublic information derived from Federal 
     employment and relating to such commodity if--
       ``(A) such information was obtained by reason of such 
     person being an employee of an agency, as such term is 
     defined in section 551(1) of title 5, United States Code; or
       ``(B) such information was obtained from such an employee, 
     and such person knows that the information was so obtained.
       ``(2) Material nonpublic information.--For purposes of this 
     subsection, the term `material nonpublic information' means 
     any information that an employee of an agency

[[Page 19923]]

     (as such term is defined in section 551(1) of title 5, United 
     States Code) gains by reason of Federal employment and that 
     such employee knows or should know has not been made 
     available to the general public, including information that--
       ``(A) is routinely exempt from disclosure under section 552 
     of title 5, United States Code, or otherwise protected from 
     disclosure by statute, Executive order, or regulation;
       ``(B) is designated as confidential by an agency; or
       ``(C) has not actually been disseminated to the general 
     public and is not authorized to be made available to the 
     public on request.''.
       (2) Securities transactions.--Section 10 of the Securities 
     Exchange Act of 1934 is amended by adding at the end the 
     following:
       ``(d) Nonpublic Information Relating to Congress.--Not 
     later than 270 days after the date of enactment of this 
     subsection, the Commission shall by rule prohibit any person 
     from buying or selling the securities or security-based swaps 
     of any issuer while such person is in possession of material 
     nonpublic information, as defined by the Commission, relating 
     to any pending or prospective legislative action relating to 
     such issuer if--
       ``(1) such information was obtained by reason of such 
     person being a Member or employee of Congress; or
       ``(2) such information was obtained from a Member or 
     employee of Congress, and such person knows that the 
     information was so obtained.
       ``(e) Nonpublic Information Relating to Other Federal 
     Employees.--
       ``(1) Rulemaking.--Not later than 270 days after the date 
     of enactment of this subsection, the Commission shall by rule 
     prohibit any person from buying or selling the securities or 
     security-based swaps of any issuer while such person is in 
     possession of material nonpublic information derived from 
     Federal employment and relating to such issuer if--
       ``(A) such information was obtained by reason of such 
     person being an employee of an agency, as such term is 
     defined in section 551(1) of title 5, United States Code; or
       ``(B) such information was obtained from such an employee, 
     and such person knows that the information was so obtained.
       ``(2) Material nonpublic information.--For purposes of this 
     subsection, the term `material nonpublic information' means 
     any information that an employee of an agency (as such term 
     is defined in section 551(1) of title 5, United States Code) 
     gains by reason of Federal employment and that such employee 
     knows or should know has not been made available to the 
     general public, including information that--
       ``(A) is routinely exempt from disclosure under section 552 
     of title 5, United States Code, or otherwise protected from 
     disclosure by statute, Executive order, or regulation;
       ``(B) is designated as confidential by an agency; or
       ``(C) has not actually been disseminated to the general 
     public and is not authorized to be made available to the 
     public on request.''.
       (b) Committee Hearings on Implementation.--
       (1) In general.--The Committee on Agriculture of the House 
     of Representatives shall hold a hearing on the implementation 
     by the Commodity Futures Trading Commission of subsections 
     (h) and (i) of section 4c of the Commodity Exchange Act (as 
     added by subsection (a)(2) of this section), and the 
     Committee on Financial Services of the House of 
     Representatives shall hold a hearing on the implementation by 
     the Securities Exchange Commission of subsections (d) and (e) 
     of section 10 of the Securities Exchange Act of 1934 (as 
     added by subsection (a)(1) of this section).
       (2) Exercise of rulemaking authority.--Paragraph (1) is 
     enacted--
       (A) as an exercise of the rulemaking power of the House of 
     Representatives and, as such, shall be considered as part of 
     the rules of the House, and such rules shall supersede any 
     other rule of the House only to the extent that rule is 
     inconsistent therewith; and
       (B) with full recognition of the constitutional right of 
     the House to change such rules (so far as relating to the 
     procedure in the House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of the 
     House.
       (c) Timely Reporting of Financial Transactions.--
       (1) Reporting requirement.--Section 103 of the Ethics in 
     Government Act of 1978 is amended by adding at the end the 
     following subsection:
       ``(l) Within 90 days after the purchase, sale, or exchange 
     of any stocks, bonds, commodities futures, or other forms of 
     securities that are otherwise required to be reported under 
     this Act and the transaction of which involves at least $1000 
     by any Member of Congress or officer or employee of the 
     legislative branch required to so file, that Member, officer, 
     or employee shall file a report of that transaction with the 
     Clerk of the House of Representatives in the case of a 
     Representative in Congress, a Delegate to Congress, or the 
     Resident Commissioner from Puerto Rico, or with the Secretary 
     of the Senate in the case of a Senator.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to transactions occurring on or after the date 
     that is 90 days after the date of the enactment of this Act.
       (d) Disclosure of Political Intelligence Activities Under 
     Lobbying Disclosure Act.--
       (1) Definitions.--Section 3 of the Lobbying Disclosure Act 
     of 1995 (2 U.S.C. 1602) is amended--
       (A) in paragraph (2)--
       (i) by inserting after ``lobbying activities'' each place 
     that term appears the following: ``or political intelligence 
     activities''; and
       (ii) by inserting after ``lobbyists'' the following: ``or 
     political intelligence consultants''; and
       (B) by adding at the end the following new paragraphs:
       ``(17) Political intelligence activities.--The term 
     `political intelligence activities' means political 
     intelligence contacts and efforts in support of such 
     contacts, including preparation and planning activities, 
     research, and other background work that is intended, at the 
     time it is performed, for use in contacts, and coordination 
     with such contacts and efforts of others.
       ``(18) Political intelligence contact.--
       ``(A) Definition.--The term `political intelligence 
     contact' means any oral or written communication (including 
     an electronic communication) to or from a covered executive 
     branch official or a covered legislative branch official, the 
     information derived from which is intended for use in 
     analyzing securities or commodities markets, or in informing 
     investment decisions, and which is made on behalf of a client 
     with regard to--
       ``(i) the formulation, modification, or adoption of Federal 
     legislation (including legislative proposals);
       ``(ii) the formulation, modification, or adoption of a 
     Federal rule, regulation, Executive order, or any other 
     program, policy, or position of the United States Government; 
     or
       ``(iii) the administration or execution of a Federal 
     program or policy (including the negotiation, award, or 
     administration of a Federal contract, grant, loan, permit, or 
     license).
       ``(B) Exception.--The term `political intelligence contact' 
     does not include a communication that is made by or to a 
     representative of the media if the purpose of the 
     communication is gathering and disseminating news and 
     information to the public.
       ``(19) Political intelligence firm.--The term `political 
     intelligence firm' means a person or entity that has 1 or 
     more employees who are political intelligence consultants to 
     a client other than that person or entity.
       ``(20) Political intelligence consultant.--The term 
     `political intelligence consultant' means any individual who 
     is employed or retained by a client for financial or other 
     compensation for services that include one or more political 
     intelligence contacts.''.
       (2) Registration requirement.--Section 4 of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1603) is amended--
       (A) in subsection (a)--
       (i) in paragraph (1)--

       (I) by inserting after ``whichever is earlier,'' the 
     following: ``or a political intelligence consultant first 
     makes a political intelligence contact,''; and
       (II) by inserting after ``such lobbyist'' each place that 
     term appears the following: ``or consultant'';

       (ii) in paragraph (2), by inserting after ``lobbyists'' 
     each place that term appears the following: ``or political 
     intelligence consultants''; and
       (iii) in paragraph (3)(A)--

       (I) by inserting after ``lobbying activities'' each place 
     that term appears the following: ``and political intelligence 
     activities''; and
       (II) in clause (i), by inserting after ``lobbying firm'' 
     the following: ``or political intelligence firm'';

       (B) in subsection (b)--
       (i) in paragraph (3), by inserting after ``lobbying 
     activities'' each place that term appears the following: ``or 
     political intelligence activities'';
       (ii) in paragraph (4)--

       (I) in the matter preceding subparagraph (A), by inserting 
     after ``lobbying activities'' the following: ``or political 
     intelligence activities''; and
       (II) in subparagraph (C), by inserting after ``lobbying 
     activity'' the following: ``or political intelligence 
     activity'';

       (iii) in paragraph (5), by inserting after ``lobbying 
     activities'' each place that term appears the following: ``or 
     political intelligence activities'';
       (iv) in paragraph (6), by inserting after ``lobbyist'' each 
     place that term appears the following: ``or political 
     intelligence consultant''; and
       (v) in the matter following paragraph (6), by inserting 
     ``or political intelligence activities'' after ``such 
     lobbying activities'';
       (C) in subsection (c)--
       (i) in paragraph (1), by inserting after ``lobbying 
     contacts'' the following: ``or political intelligence 
     contacts''; and
       (ii) in paragraph (2)--

       (I) by inserting after ``lobbying contact'' the following: 
     ``or political intelligence contact''; and
       (II) by inserting after ``lobbying contacts'' the 
     following: ``and political intelligence contacts''; and

       (D) in subsection (d), by inserting after ``lobbying 
     activities'' each place that term

[[Page 19924]]

     appears the following: ``or political intelligence 
     activities''.
       (3) Reports by registered political intelligence 
     consultants.--Section 5 of the Lobbying Disclosure Act of 
     1995 (2 U.S.C. 1604) is amended--
       (A) in subsection (a), by inserting after ``lobbying 
     activities'' the following: ``and political intelligence 
     activities'';
       (B) in subsection (b)--
       (i) in paragraph (2)--

       (I) in the matter preceding subparagraph (A), by inserting 
     after ``lobbying activities'' the following: ``or political 
     intelligence activities'';
       (II) in subparagraph (A)--

       (aa) by inserting after ``lobbyist'' the following: ``or 
     political intelligence consultant''; and
       (bb) by inserting after ``lobbying activities'' the 
     following: ``or political intelligence activities'';

       (III) in subparagraph (B), by inserting after ``lobbyists'' 
     the following: ``and political intelligence consultants''; 
     and
       (IV) in subparagraph (C), by inserting after ``lobbyists'' 
     the following: ``or political intelligence consultants'';

       (ii) in paragraph (3)--

       (I) by inserting after ``lobbying firm'' the following: 
     ``or political intelligence firm''; and
       (II) by inserting after ``lobbying activities'' each place 
     that term appears the following: ``or political intelligence 
     activities''; and

       (iii) in paragraph (4), by inserting after ``lobbying 
     activities'' each place that term appears the following: ``or 
     political intelligence activities''; and
       (C) in subsection (d)(1), in the matter preceding 
     subparagraph (A), by inserting ``or a political intelligence 
     consultant'' after ``a lobbyist''.
       (4) Disclosure and enforcement.--Section 6(a) of the 
     Lobbying Disclosure Act of 1995 (2 U.S.C. 1605) is amended--
       (A) in paragraph (3)(A), by inserting after ``lobbying 
     firms'' the following: ``, political intelligence 
     consultants, political intelligence firms,'';
       (B) in paragraph (7), by striking ``or lobbying firm'' and 
     inserting ``lobbying firm, political intelligence consultant, 
     or political intelligence firm''; and
       (C) in paragraph (8), by striking ``or lobbying firm'' and 
     inserting ``lobbying firm, political intelligence consultant, 
     or political intelligence firm''.
       (5) Rules of construction.--Section 8(b) of the Lobbying 
     Disclosure Act of 1995 (2 U.S.C. 1607(b)) is amended by 
     striking ``or lobbying contacts'' and inserting ``lobbying 
     contacts, political intelligence activities, or political 
     intelligence contacts''.
       (6) Identification of clients and covered officials.--
     Section 14 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1609) is amended--
       (A) in subsection (a)--
       (i) in the heading, by inserting ``or Political 
     Intelligence'' after ``Lobbying'';
       (ii) by inserting ``or political intelligence contact'' 
     after ``lobbying contact'' each place that term appears; and
       (iii) in paragraph (2), by inserting ``or political 
     intelligence activity, as the case may be'' after ``lobbying 
     activity'';
       (B) in subsection (b)--
       (i) in the heading, by inserting ``or Political 
     Intelligence'' after ``Lobbying'';
       (ii) by inserting ``or political intelligence contact'' 
     after ``lobbying contact'' each place that term appears; and
       (iii) in paragraph (2), by inserting ``or political 
     intelligence activity, as the case may be'' after ``lobbying 
     activity''; and
       (C) in subsection (c), by inserting ``or political 
     intelligence contact'' after ``lobbying contact''.
       (7) Annual audits and reports by comptroller general.--
     Section 26 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1614) is amended--
       (A) in subsection (a)--
       (i) by inserting ``political intelligence firms, political 
     intelligence consultants,'' after ``lobbying firms''; and
       (ii) by striking ``lobbying registrations'' and inserting 
     ``registrations'';
       (B) in subsection (b)(1)(A), by inserting ``political 
     intelligence firms, political intelligence consultants,'' 
     after ``lobbying firms''; and
       (C) in subsection (c), by inserting ``or political 
     intelligence consultant'' after ``a lobbyist''.
       (e) Effective Date.--Subject to subsection (c)(2), this 
     section and the amendments made by this section shall take 
     effect at the end of the 90-day period beginning on the date 
     of the enactment of this Act.

     SEC. 706. FREEZE ON MEMBER COLA AND PENSION REFORM.

       For provision freezing Member COLA and effecting pension 
     reform, see section 5421(b)(1) and part 1 of subtitle E of 
     title V, respectively.

  Mr. VAN HOLLEN (during the reading). Mr. Speaker, I ask unanimous 
consent to suspend the reading of the bill.
  Mr. CAMP. I object.
  The SPEAKER pro tempore. Objection is heard.
  The Clerk will continue to read.
  The Clerk continued to read.
  Mr. CAMP (during the reading). Mr. Speaker, I ask unanimous consent 
to dispense with the reading.
  The SPEAKER pro tempore. Is there objection?
  Without objection, the remainder of the motion is considered read.
  There was no objection.
  The SPEAKER pro tempore. The gentleman from Michigan continues to 
reserve a point of order.
  The gentleman from Maryland is recognized for 5 minutes on his 
motion.
  Mr. VAN HOLLEN. Thank you very much, Mr. Speaker.
  It was just a few weeks ago that our Republican colleagues in the 
House and the Senate said they didn't want to do any payroll tax cut 
for working Americans. They were opposed to any payroll tax cut for the 
160 million working Americans, and at the same time they were arguing 
vigorously in support of protecting tax breaks for the very wealthy in 
this country. They had been very clear: They don't want to ask the very 
wealthiest to simply go back to paying the same tax rates that they 
were paying during the Clinton administration--a time when the economy 
was booming and 20 million jobs were created. They don't want to do 
that, but they were prepared to increase the payroll tax on 160 million 
working Americans. Well, they realized that that didn't sound so good 
to the American people, and so we are here today.

                              {time}  1810

  And what the Republican proposal does is two things: It inserts into 
their bill poison pills which the President has said he will not sign, 
and they know he said that.
  What will the result be? It will be the same result that our 
Republican colleagues wanted 2 weeks ago, which is no payroll tax cut 
for 160 million Americans.
  But what they could not bring themselves to do, Mr. Speaker, was pay 
for that payroll tax cut for 160 million by asking very wealthy people, 
millionaires and billionaires, to share a little bit more in the 
responsibility for reducing our deficit. They didn't want to do that, 
and so their bill cuts other people.
  For example, their bill would cut the pension of the folks who helped 
track down Osama Bin Laden. Thank you very much for helping us track 
down Osama Bin Laden. We're going to cut your pension. We're going to 
cut your pension and that of other hardworking men and women who 
protect this country every day in that way.
  Who else are we going to ask to pay for it? Well, let's ask seniors 
who earn $80,000 or so. Let's increase their premiums. We don't want to 
ask folks over $1 million to pay a little bit more, share a little bit 
more responsibility. Let's ask seniors at $80,000 a year.
  And you know what? Let's change the current unemployment compensation 
law from what it would be if we extended current law. Let's change it 
in a way where folks who are out of work, through no fault of their 
own, they're looking every day for a job, let's give them less than 
what they would get if we extended the current unemployment 
compensation.
  So those are all the gymnastics that bring us here today, simply 
because the majority doesn't want to ask the folks at the very top to 
pay a little more. What our motion to recommit does is say, we need to 
have shared responsibility in this country. Let's work together to 
bring down the deficit.
  We all know from independent economists that increasing the payroll 
tax cut will raise another 300,000 jobs; so, in fact, our motion to 
recommit increases that. And it also does other things to hold Members 
of this body accountable.
  So the choice is simple. Do we want to ask folks at the very top to 
help reduce our deficit and provide that payroll tax cut, and do we 
want to hold this body accountable?
  On that issue, I defer to the gentlelady from New York, the ranking 
member of the Rules Committee.
  Ms. SLAUGHTER. Mr. Speaker, I am going to make an offer that no one 
can refuse or no one should refuse.
  I'm pleased that the STOCK Act is something we can finally vote on 
today in this Congress. The STOCK Act has

[[Page 19925]]

bipartisan support from 231 Members of Congress, a majority of the 
House, ranging from freshman Members to senior Members from both sides 
of the aisle.
  The bill has been around since 2006, and we do not need to study it 
another day. A critical part of the bill is the registration of the 
political intelligence industry. The burgeoning K Street industry 
gathers information from Members and staff in order to enrich their 
Wall Street clients, and it has been completely unregulated.
  We will finally regulate, through the STOCK Act, this lucrative 
industry, and ensure that Members of Congress and their staffs come to 
Washington to serve their constituents and not fatten their own bank 
accounts. There are 535 of us privileged enough to serve in this 
Congress, and we must hold ourselves accountable to the highest 
standards.
  The American people have shown an incredible interest in the STOCK 
Act. If you fail to vote for this motion today, you're going to tell 
them that you're not interested in their concerns. None of us on either 
side of the aisle want to do that.
  So I urge my colleagues to vote in favor of today's motion to 
recommit to pass this bill that has been around for years and needs 
passing very badly, and to hold ourselves accountable to the American 
people and to the letter of the law.
  The SPEAKER pro tempore. The time of the gentleman from Maryland has 
expired.
  Mr. CAMP. Mr. Speaker, I withdraw my reservation and seek time in 
opposition to the motion to recommit.
  The SPEAKER pro tempore. The reservation is withdrawn.
  The gentleman from Michigan is recognized for 5 minutes.
  Mr. CAMP. Mr. Speaker, this motion to recommit is a further 
illustration of the glaring differences in priorities between 
Republicans and Democrats. Republicans have brought a plan to the floor 
today that is about protecting taxpayers and creating American jobs. 
And instead of joining us in that important task, my Democratic friends 
are offering yet another politically motivated motion.
  In fact, one senior Democratic aide recently said to the press, and I 
quote, ``MTRs are all political.'' You can read it right here.
  My colleagues and the American people should not be fooled. They 
should not be distracted by these political games.
  Make no mistake. Our bill extends the payroll tax cut for every 
employee in this country. And if my friends on the other side of the 
aisle choose to vote against it, they are supporting a tax increase on 
every American who collects a paycheck.
  This motion contains a massive 10-year tax increase. It increases 
taxes on employers, on small businesses, on investors, the very people 
we need paying more paychecks, not more taxes. In fact, this exact 
provision has been defeated multiple times in the U.S. Senate by 
Republicans and Democrats alike in a bipartisan effort.
  Our bill is about strengthening our economy, getting Americans back 
to work through commonsense reforms to the unemployment insurance 
program. It will ensure American seniors and the disabled are protected 
by preventing massive cuts to doctors working in the Medicare program. 
And it will be paid for with fiscally responsible reforms, not job-
killing tax hikes.
  I urge my colleagues, vote against this motion to recommit and vote 
for the underlying bill.
  I yield back the balance of my time.
  The SPEAKER pro tempore. Without objection, the previous question is 
ordered on the motion to recommit.
  There was no objection.
  The SPEAKER pro tempore. The question is on the motion to recommit.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.


                             Recorded Vote

  Mr. VAN HOLLEN. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule 
XX, this 15-minute vote on the motion to recommit will be followed by 
5-minute votes on passage, if ordered, and the motion to suspend the 
rules on H.R. 2767, if ordered.
  The vote was taken by electronic device, and there were--ayes 183, 
noes 244, not voting 6, as follows:

                             [Roll No. 922]

                               AYES--183

     Ackerman
     Altmire
     Andrews
     Baca
     Baldwin
     Bass (CA)
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boswell
     Brady (PA)
     Braley (IA)
     Brown (FL)
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Donnelly (IN)
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Frank (MA)
     Fudge
     Garamendi
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Hahn
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hochul
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kind
     Kissell
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lujan
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McCollum
     McDermott
     McGovern
     McIntyre
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Olver
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (WA)
     Speier
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Walz (MN)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Woolsey
     Yarmuth

                               NOES--244

     Adams
     Aderholt
     Akin
     Alexander
     Amash
     Amodei
     Austria
     Bachus
     Barletta
     Barrow
     Bartlett
     Barton (TX)
     Bass (NH)
     Benishek
     Berg
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boustany
     Brady (TX)
     Brooks
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Campbell
     Canseco
     Cantor
     Capito
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coffman (CO)
     Cole
     Conaway
     Cravaack
     Crawford
     Crenshaw
     Culberson
     Davis (KY)
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Flake
     Fleischmann
     Fleming
     Flores
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gardner
     Garrett
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (IL)
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Lankford
     Latham
     LaTourette
     Latta
     Lewis (CA)
     LoBiondo
     Long
     Lucas
     Luetkemeyer
     Lummis
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McClintock
     McCotter
     McHenry
     McKeon
     McKinley
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Myrick
     Neugebauer
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paulsen
     Pearce
     Pence
     Peterson
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)

[[Page 19926]]


     Royce
     Runyan
     Ryan (WI)
     Scalise
     Schilling
     Schmidt
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Visclosky
     Walberg
     Walden
     Walsh (IL)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Wolf
     Womack
     Woodall
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                             NOT VOTING--6

     Bachmann
     Coble
     Filner
     Giffords
     Gutierrez
     Paul

                              {time}  1841

  Messrs. FLAKE, PALAZZO, and MURPHY of Pennsylvania changed their vote 
from ``aye'' to ``no.''
  Messrs. HINCHEY, ALTMIRE, Ms. SPEIER, and Mr. CLEAVER changed their 
vote from ``no'' to ``aye.''
  So the motion to recommit was rejected.
  The result of the vote was announced as above recorded.
  Stated against:
  Mr. FILNER. Mr. Speaker, on rollcall 922, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``aye.''
  The SPEAKER pro tempore. The question is on the passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. LEVIN. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 234, 
noes 193, not voting 6, as follows:

                             [Roll No. 923]

                               AYES--234

     Adams
     Aderholt
     Akin
     Alexander
     Amodei
     Austria
     Bachus
     Barletta
     Barrow
     Bartlett
     Bass (NH)
     Benishek
     Berg
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Black
     Blackburn
     Bonner
     Bono Mack
     Boren
     Boswell
     Boustany
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Buchanan
     Bucshon
     Buerkle
     Burgess
     Burton (IN)
     Calvert
     Camp
     Canseco
     Cantor
     Capito
     Cardoza
     Carter
     Cassidy
     Chabot
     Chaffetz
     Coffman (CO)
     Cole
     Conaway
     Cravaack
     Crawford
     Crenshaw
     Culberson
     Davis (KY)
     Denham
     Dent
     DesJarlais
     Diaz-Balart
     Dold
     Donnelly (IN)
     Dreier
     Duffy
     Duncan (SC)
     Duncan (TN)
     Ellmers
     Emerson
     Farenthold
     Fincher
     Fitzpatrick
     Fleischmann
     Fleming
     Flores
     Forbes
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gardner
     Gerlach
     Gibbs
     Gibson
     Gingrey (GA)
     Gohmert
     Goodlatte
     Gosar
     Gowdy
     Granger
     Graves (GA)
     Graves (MO)
     Griffin (AR)
     Griffith (VA)
     Grimm
     Guinta
     Guthrie
     Hall
     Hanna
     Harper
     Harris
     Hartzler
     Hastings (WA)
     Hayworth
     Heck
     Hensarling
     Herger
     Herrera Beutler
     Huelskamp
     Huizenga (MI)
     Hultgren
     Hunter
     Hurt
     Issa
     Jenkins
     Johnson (OH)
     Johnson, Sam
     Jones
     Jordan
     Kelly
     King (IA)
     King (NY)
     Kingston
     Kinzinger (IL)
     Kline
     Labrador
     Lamborn
     Lance
     Landry
     Lankford
     Latham
     LaTourette
     Latta
     Lewis (CA)
     LoBiondo
     Loebsack
     Long
     Lucas
     Luetkemeyer
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Marino
     Matheson
     McCarthy (CA)
     McCaul
     McCotter
     McHenry
     McKeon
     McMorris Rodgers
     Meehan
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mulvaney
     Murphy (PA)
     Myrick
     Noem
     Nugent
     Nunes
     Nunnelee
     Olson
     Palazzo
     Paulsen
     Pearce
     Pence
     Petri
     Pitts
     Platts
     Poe (TX)
     Pompeo
     Posey
     Price (GA)
     Quayle
     Reed
     Rehberg
     Reichert
     Renacci
     Ribble
     Rigell
     Rivera
     Roby
     Roe (TN)
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Rokita
     Rooney
     Ros-Lehtinen
     Roskam
     Ross (AR)
     Ross (FL)
     Royce
     Runyan
     Ryan (WI)
     Scalise
     Schilling
     Schmidt
     Schock
     Schweikert
     Scott (SC)
     Scott, Austin
     Sensenbrenner
     Sessions
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Southerland
     Stearns
     Stivers
     Stutzman
     Sullivan
     Terry
     Thompson (PA)
     Thornberry
     Tiberi
     Tipton
     Turner (NY)
     Turner (OH)
     Upton
     Walberg
     Walden
     Walsh (IL)
     Walz (MN)
     Webster
     West
     Westmoreland
     Whitfield
     Wilson (SC)
     Wittman
     Womack
     Yoder
     Young (AK)
     Young (FL)
     Young (IN)

                               NOES--193

     Ackerman
     Altmire
     Amash
     Andrews
     Baca
     Baldwin
     Barton (TX)
     Bass (CA)
     Becerra
     Berkley
     Berman
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Brady (PA)
     Brooks
     Brown (FL)
     Butterfield
     Campbell
     Capps
     Capuano
     Carnahan
     Carney
     Carson (IN)
     Castor (FL)
     Chandler
     Chu
     Cicilline
     Clarke (MI)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly (VA)
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Critz
     Crowley
     Cuellar
     Cummings
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     DeLauro
     Deutch
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards
     Ellison
     Engel
     Eshoo
     Farr
     Fattah
     Flake
     Fortenberry
     Frank (MA)
     Fudge
     Garamendi
     Garrett
     Gonzalez
     Green, Al
     Green, Gene
     Grijalva
     Hahn
     Hanabusa
     Hastings (FL)
     Heinrich
     Higgins
     Himes
     Hinchey
     Hinojosa
     Hirono
     Hochul
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Kaptur
     Keating
     Kildee
     Kind
     Kissell
     Kucinich
     Langevin
     Larsen (WA)
     Larson (CT)
     Lee (CA)
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lujan
     Lummis
     Lynch
     Maloney
     Markey
     Matsui
     McCarthy (NY)
     McClintock
     McCollum
     McDermott
     McGovern
     McIntyre
     McKinley
     McNerney
     Meeks
     Michaud
     Miller (NC)
     Miller, George
     Moore
     Moran
     Murphy (CT)
     Nadler
     Napolitano
     Neal
     Neugebauer
     Olver
     Owens
     Pallone
     Pascrell
     Pastor (AZ)
     Payne
     Pelosi
     Perlmutter
     Peters
     Peterson
     Pingree (ME)
     Polis
     Price (NC)
     Quigley
     Rahall
     Rangel
     Reyes
     Richardson
     Richmond
     Rothman (NJ)
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schrader
     Schwartz
     Scott (VA)
     Scott, David
     Serrano
     Sewell
     Sherman
     Shuler
     Sires
     Slaughter
     Smith (WA)
     Speier
     Stark
     Sutton
     Thompson (CA)
     Thompson (MS)
     Tierney
     Tonko
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Welch
     Wilson (FL)
     Wolf
     Woodall
     Woolsey
     Yarmuth

                             NOT VOTING--6

     Bachmann
     Coble
     Filner
     Giffords
     Gutierrez
     Paul

                              {time}  1851

  So the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated against:
  Mr. FILNER. Mr. Speaker, on rollcall 923, I was away from the Capitol 
due to prior commitments to my constituents. Had I been present, I 
would have voted ``no.''

                          ____________________