[Congressional Record (Bound Edition), Volume 157 (2011), Part 15]
[House]
[Pages 21479-21485]
[From the U.S. Government Publishing Office, www.gpo.gov]




           TEMPORARY PAYROLL TAX CUT CONTINUATION ACT OF 2011

  Mrs. EMERSON. Mr. Speaker, I ask unanimous consent that the 
Committees on Ways and Means, Energy and Commerce, Transportation and 
Infrastructure, Natural Resources, Foreign Affairs, Financial Services, 
and the Budget be discharged from further consideration of the bill 
(H.R. 3765) to extend the payroll tax holiday, unemployment 
compensation, Medicare physician payment, provide for the consideration 
of the Keystone XL pipeline, and for other purposes, and ask for its 
immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER. Is there objection to the request of the gentlewoman 
from Missouri?
  Mr. HOYER. Mr. Speaker, reserving the right to object, and I will not 
object, I know that the American people are pleased that we have come 
together to agree on this extension to give certainty and peace of mind 
to the 160 million Americans who are concerned about losing their tax 
cut, the 48 million seniors who were concerned about their Medicare, 
and the 2.3 million people who are unemployed and seeking work who were 
fearful of losing their benefits.
  I thank the Speaker, I thank the gentlewoman from Missouri, and I 
withdraw my reservation.
  The SPEAKER. Is there objection to the request of the gentlewoman 
from Missouri?
  There was no objection.
  The text of the bill is as follows:

                               H.R. 3765

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Temporary 
     Payroll Tax Cut Continuation Act of 2011''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                 TITLE I--TEMPORARY PAYROLL TAX RELIEF

Sec. 101. Extension of payroll tax holiday.

 TITLE II--TEMPORARY EXTENSION OF UNEMPLOYMENT COMPENSATION PROVISIONS

Sec. 201. Temporary extension of unemployment compensation provisions.
Sec. 202. Extended unemployment benefits under the Railroad 
              Unemployment Insurance Act.

          TITLE III--TEMPORARY EXTENSION OF HEALTH PROVISIONS

Sec. 301. Medicare physician payment update.
Sec. 302. 2-month extension of MMA section 508 reclassifications.
Sec. 303. Extension of Medicare work geographic adjustment floor.
Sec. 304. Extension of exceptions process for Medicare therapy caps.
Sec. 305. Extension of payment for technical component of certain 
              physician pathology services.
Sec. 306. Extension of ambulance add-ons.
Sec. 307. Extension of physician fee schedule mental health add-on 
              payment.
Sec. 308. Extension of outpatient hold harmless provision.
Sec. 309. Extending minimum payment for bone mass measurement.
Sec. 310. Extension of the qualifying individual (QI) program.
Sec. 311. Extension of Transitional Medical Assistance (TMA).
Sec. 312. Extension of the temporary assistance for needy families 
              program.

                  TITLE IV--MORTGAGE FEES AND PREMIUMS

Sec. 401. Guarantee Fees.
Sec. 402. FHA guarantee fees.

                       TITLE V--OTHER PROVISIONS

                    Subtitle A--Keystone XL Pipeline

Sec. 501. Permit for Keystone XL pipeline.

                    Subtitle B--Budgetary Provisions

Sec. 511. Senate point of order against an emergency designation.
Sec. 512. PAYGO scorecard estimates.

                 TITLE I--TEMPORARY PAYROLL TAX RELIEF

     SEC. 101. EXTENSION OF PAYROLL TAX HOLIDAY.

       (a) In General.--Subsection (c) of section 601 of the Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010 (26 U.S.C. 1401 note) is amended to read 
     as follows:
       ``(c) Payroll Tax Holiday Period.--The term `payroll tax 
     holiday period' means--
       ``(1) in the case of the tax described in subsection 
     (a)(1), calendar years 2011 and 2012, and
       ``(2) in the case of the taxes described in subsection 
     (a)(2), the period beginning January 1, 2011, and ending 
     February 29, 2012.''.
       (b) Special Rules for 2012.--Section 601 of such Act (26 
     U.S.C. 1401 note) is amended by adding at the end the 
     following new subsection:
       ``(f) Special Rules for 2012.--
       ``(1) Limitation on self-employment income.--In the case of 
     any taxable year beginning in 2012, subsection (a)(1) shall 
     only apply with respect to so much of the taxpayer's self-
     employment income (as defined in section 1402(b) of the 
     Internal Revenue Code of 1986) as does not exceed the excess 
     (if any) of--
       ``(A) $18,350, over
       ``(B) the amount of wages and compensation received during 
     the portion of the payroll tax holiday period occurring 
     during 2012 subject to tax under section 3101(a) of such Code 
     or section 3201(a) of such Code.
       ``(2) Coordination with deduction for employment taxes.--In 
     the case of a taxable year beginning in 2012, subparagraph 
     (A) of subsection (b)(2) shall be applied as if it read as 
     follows:
       ```(A) the sum of--
       ```(i) 59.6 percent of the portion of such taxes 
     attributable to the tax imposed by section 1401(a) of such 
     Code (determined after the application of this section) on so 
     much of self-employment income (as defined in section 1402(b) 
     of such Code) as does not exceed the amount of self-
     employment income described in paragraph (1), plus
       ```(ii) one-half of the portion of such taxes attributable 
     to the tax imposed by section 1401(a) of such Code 
     (determined without regard to this section) on self-
     employment income (as so defined) in excess of such amount, 
     plus'.''.

[[Page 21480]]

       (c) Recapture of Excess Benefit.--Section 601 of such Act 
     (26 U.S.C. 1401 note), as amended by subsection (b), is 
     further amended by adding at the end the following new 
     subsection:
       ``(g) Recapture of Excess Benefit.--
       ``(1) In general.--There is hereby imposed on the income of 
     every individual a tax equal to 2 percent of the sum of wages 
     (within the meaning of section 3121(a)(1) of the Internal 
     Revenue Code of 1986) and compensation (to which section 
     3201(a) of such Code applies) received during the period 
     beginning January 1, 2012, and ending February 29, 2012, to 
     the extent the amount of such sum exceeds $18,350.
       ``(2) Regulations.--The Secretary of the Treasury or the 
     Secretary's delegate shall prescribe such regulations or 
     other guidance as may be necessary or appropriate to carry 
     out this subsection, including guidance for payment by the 
     employee of the tax imposed by paragraph (1).''.
       (d) Technical Amendments.--Paragraph (2) of section 601(b) 
     of such Act (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).
       (e) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to remuneration 
     received, and taxable years beginning, after December 31, 
     2011.
       (2) Technical amendments.--The amendments made by 
     subsection (d) shall take effect as if included in the 
     enactment of section 601 of the Tax Relief, Unemployment 
     Insurance Reauthorization, and Job Creation Act of 2010.

 TITLE II--TEMPORARY EXTENSION OF UNEMPLOYMENT COMPENSATION PROVISIONS

     SEC. 201. TEMPORARY EXTENSION OF UNEMPLOYMENT COMPENSATION 
                   PROVISIONS.

       (a) In General.--(1) Section 4007 of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended--
       (A) by striking ``January 3, 2012'' each place it appears 
     and inserting ``March 6, 2012'';
       (B) in the heading for subsection (b)(2), by striking 
     ``january 3, 2012'' and inserting ``march 6, 2012''; and
       (C) in subsection (b)(3), by striking ``June 9, 2012'' and 
     inserting ``August 15, 2012''.
       (2) Section 2005 of the Assistance for Unemployed Workers 
     and Struggling Families Act, as contained in Public Law 111-5 
     (26 U.S.C. 3304 note; 123 Stat. 444), is amended--
       (A) by striking ``January 4, 2012'' each place it appears 
     and inserting ``March 7, 2012''; and
       (B) in subsection (c), by striking ``June 11, 2012'' and 
     inserting ``August 15, 2012''.
       (3) 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 ``August 
     15, 2012''.
       (4) Section 203 of the Federal-State Extended Unemployment 
     Compensation Act of 1970 (26 U.S.C. 3304 note) is amended--
       (A) in subsection (d), in the second sentence of the flush 
     matter following paragraph (2), by striking ``December 31, 
     2011'' and inserting ``February 29, 2012''; and
       (B) in subsection (f)(2), by striking ``December 31, 2011'' 
     and inserting ``February 29, 2012''.
       (b) Funding.--Section 4004(e)(1) of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended--
       (1) in subparagraph (F), by striking ``and'' at the end; 
     and
       (2) by inserting after subparagraph (G) the following:
       ``(H) the amendments made by section 201(a)(1) of the 
     Temporary Payroll Tax Cut Continuation Act of 2011; and''.
       (c) 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).

     SEC. 202. 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 
     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 ``August 
     31, 2011''; and
       (2) by striking ``December 31, 2011'' and inserting 
     ``February 29, 2012''.
       (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 the enactment of this Act.

          TITLE III--TEMPORARY EXTENSION OF HEALTH PROVISIONS

     SEC. 301. MEDICARE PHYSICIAN PAYMENT UPDATE.

       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 first two months of 2012.--
       ``(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 the period beginning on 
     January 1, 2012, and ending on February 29, 2012, the update 
     to the single conversion factor shall be zero percent.
       ``(B) No effect on computation of conversion factor for 
     remaining portion of 2012 and subsequent years.--The 
     conversion factor under this subsection shall be computed 
     under paragraph (1)(A) for the period beginning on March 1, 
     2012, and ending on December 31, 2012, and for 2013 and 
     subsequent years as if subparagraph (A) had never applied.''.

     SEC. 302. 2-MONTH EXTENSION OF MMA SECTION 508 
                   RECLASSIFICATIONS.

       (a) In General.--Section 106(a) of division B of the Tax 
     Relief and Health Care Act of 2006 (42 U.S.C. 1395 note), as 
     amended by section 117 of the Medicare, Medicaid, and SCHIP 
     Extension Act of 2007 (Public Law 110-173), section 124 of 
     the Medicare Improvements for Patients and Providers Act of 
     2008 (Public Law 110-275), sections 3137(a) and 10317 of the 
     Patient Protection and Affordable Care Act (Public Law 111-
     148), and section 102(a) of the Medicare and Medicaid 
     Extenders Act of 2010 (Public Law 111-309), is amended by 
     striking ``September 30, 2011'' and inserting ``November 30, 
     2011''.
       (b) Special Rule for October and November 2011.--
       (1) In general.--Subject to paragraph (2), for purposes of 
     implementation of the amendment made by subsection (a), 
     including for purposes of the implementation of paragraph (2) 
     of section 117(a) of the Medicare, Medicaid, and SCHIP 
     Extension Act of 2007 (Public Law 110-173), for the period 
     beginning on October 1, 2011, and ending on November 30, 
     2011, the Secretary of Health and Human Services shall use 
     the hospital wage index that was promulgated by the Secretary 
     of Health and Human Services in the Federal Register on 
     August 18, 2011 (76 Fed. Reg. 51476), and any subsequent 
     corrections.
       (2) Exception.--In determining the wage index applicable to 
     hospitals that qualify for wage index reclassification, the 
     Secretary shall, for the period beginning on October 1, 2011, 
     and ending on November 30, 2011, include the average hourly 
     wage data of hospitals whose reclassification was extended 
     pursuant to the amendment made by subsection (a) only if 
     including such data results in a higher applicable 
     reclassified wage index. Any revision to hospital wage 
     indexes made as a result of this paragraph shall not be 
     effected in a budget neutral manner.
       (c) Timeframe for Payments.--The Secretary shall make 
     payments required under subsections (a) and (b) by not later 
     than December 31, 2012.

     SEC. 303. EXTENSION OF MEDICARE WORK GEOGRAPHIC ADJUSTMENT 
                   FLOOR.

       Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 
     1395w-4(e)(1)(E)) is amended by striking ``before January 1, 
     2012'' and inserting ``before March 1, 2012''.

     SEC. 304. EXTENSION OF EXCEPTIONS PROCESS FOR MEDICARE 
                   THERAPY CAPS.

       Section 1833(g)(5) of the Social Security Act (42 U.S.C. 
     1395l(g)(5)) is amended by striking ``December 31, 2011'' and 
     inserting ``February 29, 2012''.

     SEC. 305. EXTENSION OF PAYMENT FOR TECHNICAL COMPONENT OF 
                   CERTAIN PHYSICIAN PATHOLOGY SERVICES.

       Section 542(c) of the Medicare, Medicaid, and SCHIP 
     Benefits Improvement and Protection Act of 2000 (as enacted 
     into law by section 1(a)(6) of Public Law 106-554), as 
     amended by section 732 of the Medicare Prescription Drug, 
     Improvement, and Modernization Act of 2003 (42 U.S.C. 1395w-4 
     note), section 104 of division B of the Tax Relief and Health 
     Care Act of 2006 (42 U.S.C. 1395w-4 note), section 104 of the 
     Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public 
     Law 110-173), section 136 of the Medicare Improvements for 
     Patients and Providers Act of 2008 (Public Law 110-275), 
     section 3104 of the Patient Protection and Affordable Care 
     Act (Public Law 111-148), and section 105 of the Medicare and 
     Medicaid Extenders Act of 2010 (Public Law 111-309), is 
     amended by striking ``and 2011'' and inserting ``2011, and 
     the first two months of 2012''.

     SEC. 306. EXTENSION OF AMBULANCE ADD-ONS.

       (a) Ground Ambulance.--Section 1834(l)(13)(A) of the Social 
     Security Act (42 U.S.C. 1395m(l)(13)(A)) is amended--
       (1) in the matter preceding clause (i), by striking 
     ``January 1, 2012'' and inserting ``March 1, 2012''; and
       (2) in each of clauses (i) and (ii), by striking ``January 
     1, 2012'' and inserting ``March 1, 2012'' each place it 
     appears.

[[Page 21481]]

       (b) Air Ambulance.--Section 146(b)(1) of the Medicare 
     Improvements for Patients and Providers Act of 2008 (Public 
     Law 110-275), as amended by sections 3105(b) and 10311(b) of 
     Public Law 111-148 and section 106(b) of the Medicare and 
     Medicaid Extenders Act of 2010 (Public Law 111-309), is 
     amended by striking ``December 31, 2011'' and inserting 
     ``February 29, 2012''.
       (c) Super Rural Ambulance.--Section 1834(l)(12)(A) of the 
     Social Security Act (42 U.S.C. 1395m(l)(12)(A)) is amended by 
     striking ``January 1, 2012'' and inserting ``March 1, 2012''.

     SEC. 307. EXTENSION OF PHYSICIAN FEE SCHEDULE MENTAL HEALTH 
                   ADD-ON PAYMENT.

       Section 138(a)(1) of the Medicare Improvements for Patients 
     and Providers Act of 2008 (Public Law 110-275), as amended by 
     section 3107 of the Patient Protection and Affordable Care 
     Act (Public Law 111-148) and section 107 of the Medicare and 
     Medicaid Extenders Act of 2010 (Public Law 111-309), is 
     amended by striking ``December 31, 2011'' and inserting 
     ``February 29, 2012''.

     SEC. 308. EXTENSION OF OUTPATIENT HOLD HARMLESS PROVISION.

       Section 1833(t)(7)(D)(i) of the Social Security Act (42 
     U.S.C. 1395l(t)(7)(D)(i)), as amended by section 3121(a) of 
     the Patient Protection and Affordable Care Act (Public Law 
     111-148) and section 108 of the Medicare and Medicaid 
     Extenders Act of 2010 (Public Law 111-309), is amended--
       (1) in subclause (II)--
       (A) in the first sentence, by striking ``January 1, 2012'' 
     and inserting ``March 1, 2012''; and
       (B) in the second sentence, by striking ``or 2011'' and 
     inserting ``2011, or the first two months of 2012''; and
       (2) in subclause (III)--
       (A) in the first sentence, by striking ``2009, and'' and 
     all that follows through ``for which'' and inserting ``2009, 
     and before March 1, 2012, for which''; and
       (B) in the second sentence, by striking ``2010, and'' and 
     all that follows through ``the preceding'' and inserting 
     ``2010, and before March 1, 2012, the preceding''.

     SEC. 309. EXTENDING MINIMUM PAYMENT FOR BONE MASS 
                   MEASUREMENT.

       Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) 
     is amended--
       (1) in subsection (b)--
       (A) in paragraph (4)(B), by striking ``and 2011'' and 
     inserting ``, 2011, and the first 2 months of 2012''; and
       (B) in paragraph (6)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``and 2011'' and inserting ``, 2011, and the first 2 months 
     of 2012''; and
       (ii) in subparagraph (C), by striking ``and 2011'' and 
     inserting ``, 2011, and the first 2 months of 2012''; and
       (2) in subsection (c)(2)(B)(iv)(IV), by striking ``or 
     2011'' and inserting ``, 2011, or the first 2 months of 
     2012''.

     SEC. 310. EXTENSION OF THE 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 ``February 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 ``; and''; and
       (C) by adding at the end the following new subparagraphs:
       ``(Q) for the period that begins on January 1, 2012, and 
     ends on February 29, 2012, the total allocation amount is 
     $150,000,000.''.

     SEC. 311. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA).

       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 ``February 
     29, 2012''.

     SEC. 312. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY 
                   FAMILIES PROGRAM.

       Activities authorized by part A of title IV and section 
     1108(b) of the Social Security Act (other than under 
     subsections (a)(3) and (b) of section 403 of such Act) shall 
     continue through February 29, 2012, in the manner authorized 
     for fiscal year 2011, and out of any money in the Treasury of 
     the United States not otherwise appropriated, there are 
     hereby appropriated such sums as may be necessary for such 
     purpose. Grants and payments may be made pursuant to this 
     authority through the applicable portion of the second 
     quarter of fiscal year 2012 at the pro rata portion of the 
     level provided for such activities through the second quarter 
     of fiscal year 2011.

                  TITLE IV--MORTGAGE FEES AND PREMIUMS

     SEC. 401. 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.--Amounts received from fee 
     increases imposed under this section shall be deposited 
     directly into the United States Treasury, and shall be 
     available only to the extent provided in subsequent 
     appropriations Acts. The fees charged pursuant to this 
     section 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;
       ``(B) changes to the riskiness of the new borrowers 
     compared to previous origination years or book years; and
       ``(C) any adjustments required to improve for future 
     origination years or book years, in order to be in complete 
     compliance with subsection (b); 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

[[Page 21482]]

     an enterprise, at a time the Director deems necessary, under 
     other existing enforcement authority.
       ``(f) Expiration.--The provisions of this section shall 
     expire on October 1, 2021.''.

     SEC. 402. FHA GUARANTEE FEES.

       (a) Amendment.--Section 203(c)(2) of the National Housing 
     Act (12 U.S.C. 1709(c)(2)) is amended by adding at the end 
     the following:
       ``(C)(i) In addition to the premiums under subparagraphs 
     (A) and (B), the Secretary shall establish and collect annual 
     premium payments for any mortgage for which the Secretary 
     collects an annual premium payment under subparagraph (B), in 
     an amount described in clause (ii).
       ``(ii)(I) Subject to subclause (II), with respect to a 
     mortgage, the amount described in this clause is 10 basis 
     points of the remaining insured principal balance (excluding 
     the portion of the remaining balance attributable to the 
     premium collected under subparagraph (A) and without taking 
     into account delinquent payments or prepayments).
       ``(II) During the 2-year period beginning on the date of 
     enactment of this subparagraph, the Secretary shall increase 
     the number of basis points of the annual premium payment 
     collected under this subparagraph incrementally, as 
     determined appropriate by the Secretary, until the number of 
     basis points of the annual premium payment collected under 
     this subparagraph is equal to the number described in 
     subclause (I).''.
       (b) Prospective Repeal.--Section 203(c)(2) of the National 
     Housing Act (12 U.S.C. 1709(c)(2)) is amended by striking 
     subparagraph (C), as added by subsection (a), effective on 
     October 1, 2021.
       (c) Report Required.--Not later than 30 days before the 
     date on which the Secretary of Housing and Urban Development 
     makes a determination under subsection (b)(2), the Secretary 
     shall submit to the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Committee on Financial Services 
     of the House of Representatives a report that--
       (1) explains the basis for the determination; and
       (2) identifies the date on which the Secretary plans to 
     make the determination.

                       TITLE V--OTHER PROVISIONS

                    Subtitle A--Keystone XL Pipeline

     SEC. 501. 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;
       (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.
       (f) Private Property Savings Clause.--Nothing in this 
     section alters the Federal, State, or local processes or 
     conditions in effect on the date of enactment of this Act 
     that are necessary to secure access from private property 
     owners to construct the Keystone XL pipeline.

                    Subtitle B--Budgetary Provisions

     SEC. 511. SENATE 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.

[[Page 21483]]

       ``(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. 512. PAYGO SCORECARD ESTIMATES.

       The budgetary effects of this Act shall not be entered on 
     either PAYGO scorecard maintained pursuant to section 4(d) of 
     the Statutory Pay-As-You-Go Act of 2010.

  Ms. JACKSON LEE of Texas. Mr. Speaker, I rise today in support of 
``The Temporary Payroll Tax Cut Extension Act of 2011.'' This bill is 
an updated version of H.R. 3630, as amended by the Senate that sends 
the right message at a critical time for Americans.
  At the final hour, with less than three days before millions of 
Americans decide between whether to buy a toy for their child or turn 
up their heat, my colleagues on the other side of the aisle have 
finally recognized the importance of working in a bipartisan fashion to 
provide a tax break to middle class families, to support the 
unemployed, and to prevent cuts to the payments Medicare provides to 
doctors.
  It appears returning home and facing constituents who would not be 
able to pay rent or place food on the table for their families, have 
caused House Republicans to realize that political posturing impacts 
the lives of those who can least afford it. I stand firm in my support 
of measures that will help families and those who are trying their best 
to weather the challenges caused by this economy.
  I supported the measure the Senate passed last Saturday. Although not 
perfect I believed then as I do now that it would grant the American 
people the certainty they need as we head into a new year.
  The Senate Amendment to H.R. 3630 received overwhelming bipartisan 
support in the Senate; passing by a margin of 89 to 10. After a period 
of negotiation, language has been added to provide simplicity for 
payroll administrators, and mollify my colleagues on the other side.
  The Senate version would allow employees to continue to pay a 4.2 
percent tax on wages, and the self-employed would be required to pay 
10.4 percent; which represents a 2 percentage point cut in taxes.
  This tax cut would provide a much-needed boost to the economy as the 
resulting tax savings could be used for investment, savings accounts, 
and for the purchase of both goods and services. This kind of 
commercial activity is what will keep the economy moving.
  The Senate Amendment removes onerous unemployment provisions from 
H.R. 3630. Namely, the provisions that would allow states to test those 
who apply for unemployment benefits for illegal drugs and a provision 
that would require a GED, a high school diploma, or attendance in a 
course to attain a GED prior to being able to qualify for unemployment 
benefits. These provisions stigmatize the unemployed and penalize those 
who without benefits may not be able to afford job training.
  In addition, the Senate amendment to H.R. 3630 removes a $300 million 
special interest provision, which had passed the House. These funds 
would have only helped a handful of specialty hospitals while cutting 
billions of dollars in funding from community hospitals. In effect, the 
Senate Amendment rejected the assault on the elderly, the unemployed, 
and the middle class that could be found in the original House version.


          Rules Committee's Last Minute Change to Their Agenda

  Earlier this week, the Rules Committee was originally scheduled to 
convene an emergency meeting at 7:05 p.m. The purpose of their meeting 
was to discuss a motion to concur with the Senate amendment to H.R. 
3630. I arrived at the Rules Committee prepared to give testimony to 
buttress the two amendments I proposed to the measure and to give my 
support to the Senate Amendment to H.R. 3630.
  The Committee refused to accept my amendments and also refused to 
accept testimony; to add insult to injury, they delayed the meeting 
from 7:05 p.m. to 9:15 p.m. Again, I was prepared to speak on the 
measure and my amendments. To my surprise, the Rules Committee failed 
to discuss or bring up the motion to concur with the Senate Amendment 
to H.R. 3630.
  It is my belief that something must have occurred prior to and 
immediately after the 7:05 p.m. meeting that would cause the Republican 
led Rules Committee to drastically change its agenda.
  By 9:15 p.m. Rules began to address a completely different agenda 
which did not include the Motion to Concur with the Senate Amendment. I 
am askance by the Committee's failure to address this issue head on and 
rather choosing to bend to whatever pressures they received prior to 
meeting on the Senate amendment.
  My amendments would have made it clear that hedge fund managers would 
finally be required to pay their due share of carried interest; at 
minimum they would be required to pay the same amount in taxes, as 
their housekeepers.
  In addition my second amendment would have ensured that millionaires 
would also pay their fair share of taxes. Because of the actions of the 
Republican led Rules Committee, I never got the opportunity to express 
my support for these important amendments, nor did I have the 
opportunity to support the Senate Amendment. This was an unforeseen and 
drastic change to the agenda.


    Certain Republicans Never Intended to Support a Payroll Tax Cut

  There is little doubt that there have been factions within the 
Republican Party who never intended to support a payroll tax cut for 
middle class Americans. When the idea of a payroll tax cut initially 
surfaced there was an instantaneous reaction against the idea among 
certain conservative Republicans. The behavior of the Rules Committee, 
which changed the agenda at the last minute, is a probable example of 
these internal disagreements. Why else would they fail to bring forth 
the Motion to Concur with the Senate Amendment to allow the Full House 
to decide whether or not the Senate Amendment was the right choice for 
the American people.
  Less than two weeks ago a Tea Party Republican made it clear that he 
did not support a payroll tax cut. In order to convince him to support 
H.R. 3630 is seems that other provisions had to be added, provisions 
like the Keystone Pipeline.
  A Tea Party Republican made it clear that ``[Republican Leadership] 
certainly seem to be dragging me kicking and screaming to the `yes' 
line'' Such is the comment of a Member of Congress who wants us all to 
believe that he was undecided on a payroll tax cut. I wonder how many 
promises had to be given before the American middle class could have a 
chance of receiving a much needed cut in taxes.
  This Tea Party Republican's position was also shared by a Senator, 
who is part of the Senate Republican Leadership. This Senate Republican 
Leader voted four times against proposals to keep the tax holiday. 
According to this Republican Leader ``We get paid to vote . . .'' and 
he certainly did his duty and voted, he voted against payroll tax cuts 
for the middle class. These are examples of people who never intended 
to support a payroll tax cut, if less than two weeks ago they were 
firmly against this position. In the case of one of the two, 
commonsense and reason prevailed. In the case of the other, partisan 
politics and in-fighting appears to have won out, and the middle class 
will be paying the price.
  Washington Republicans, in general, found themselves in a quandary. 
Should they support a measure that would protect provisions in 
Medicare, extend unemployment, and provided a payroll tax cut or stick 
to partisan politics? Washington Republicans apparently did not believe 
that a break, which would have lowered the payroll tax from 6.2 percent 
to 4.3 percent, would help job growth next year.
  Then there are those, like one Republican Member of Congress, who 
express a greater concern with not giving the President what some would 
consider a victory.
  The victory would not be for the President, the victory would be for 
the American people. For the moms and dads who as a result of the 
payroll cut would be able to buy their child a new pair of shoes, place 
an additional meal on the table, or pay their rent.
  It is not a surprise that those Republicans, who dug their heels into 
the ground, long before today, are the very Republicans who are 
allowing the American people to bear the brunt of this stalemate.
  As referenced above, the version of H.R. 3630 that passed in the 
House had a list of poison pills. These nightmare provisions would have 
harmed not only the health of Americans but the health of the American 
Economy.

[[Page 21484]]




                              Unemployment

  Republicans targeted the unemployed by slashing 40 weeks of 
unemployment insurance. Such an action would have negatively impacted 
the lives of millions of families.
  These are the very families who are still struggling under the weight 
of the worst economic downturn since the Great Depression. The Senate 
rejected this assault on families and the elderly.
  It was clear that our failure to act to support the Senate amendment 
to H.R. 3630 would have resulted in twenty-two jurisdictions with the 
highest unemployment rates being the hardest hit these states are: My 
home state of Texas, Alabama, California, Connecticut, DC, Florida, 
Georgia, Illinois, Idaho, Indiana, Kentucky, Michigan, Missouri, 
Nevada, New Jersey, North Carolina, Ohio, Oregon, Rhode Island, South 
Carolina, Tennessee and Washington.
  According to report released by the Department of Labor just two 
weeks ago, 3.3 million Americans would lose unemployment benefits as a 
result of H.R. 3630 compared to a continuation of current law. In my 
home state of Texas alone, 227,381 people will lose their sole source 
of income by the end of January.
  There is nothing normal about this recession. Republicans seem to 
want to blame the unemployed for their unemployment. Until it was clear 
that the American people would not stand behind Republican efforts, 
House Republicans continued to put in jeopardy tax cuts for the middle 
class and aid for the unemployed. In this economy the unemployed are 
not to blame; it is the failure of Republican leadership to bring forth 
any job creating measures before this house. Currently, there are over 
four unemployed workers for every available job, and there are nearly 1 
million fewer jobs in the economy today compared to when the recession 
started in December 2007. In our nation's history there has never been 
so many unemployed Americans without work for such a long period of 
time. Republicans are clearly out of touch.
  For every dollar spent on unemployment insurance, a study found an 
increase in economic activity of two dollars. According to the Economic 
Policy Institute extending unemployment benefits could prevent the loss 
of over 500,000 jobs. Further, a study by IMP AQ International and the 
Urban Institute found unemployment insurance benefits reduced the fall 
in GDP by 18.3 percent. This resulted in nominal GDP being $175 billion 
higher in 2009 than it would have been without unemployment insurance 
benefits.
  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.
  We must act now to extend unemployment insurance and remove dastardly 
provisions related to drugs and education that do nothing more than 
insult the integrity of the jobless.
  Currently, 9.8 million people are receiving unemployment insurance in 
some form. We have 7 days to act. On December 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 now.
  And if partisan politics is not to blame, I am not sure what else the 
issue could be as Congress has never allowed emergency unemployment 
benefits to expire when the unemployment rate is anywhere close to its 
current level of 9.1 percent.


           The Impact on Americans Poison Pills in H.R. 3630

  The reforms to unemployment and other provisions that we sent over to 
the Senate, sweeping as they were, may have been lost amid other 
features of the Republican package.


                              Drug Testing

  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. H.R. 3630 would 
have allowed states to screen those who applied for unemployment 
benefits for illegal drugs. The drug testing requirement in H.R. 3630 
is burdensome and onerous.
  Unemployment is at its highest in twenty-five years, the economy is 
in a downward spiral, millions of people are just getting by and the 
Republicans want to further degrade them.
  A worker advocacy group recently described the drug testing element 
in the House-passed bill, 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''
  No evidence has been presented that the drug testing requirement is 
necessary because there is no evidence to support that the average 
person who applies for unemployment insurance 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. The Senate amendment to H.R. 3630 removes this 
offensive provision.


                  GED/HIGH SCHOOL DIPLOMA REQUIREMENT

  In addition, the Senate amendment does not blame the unemployed for 
being unemployed. By this I mean, the version of H.R. 3630 which passed 
the House would deny unemployment benefits to individuals who did not 
have or were not attempting to attain a high school diploma or a GED.
  As supported by House Republicans, H.R. 3630 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.
  It is true that 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.
  Frankly, 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. Further, 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 had passed as written, without the Senate Amendment, 
African-Americans and Hispanics who are already the hardest hit by this 
economic downturn will now lose access to unemployment benefits at a 
greater rate, solely based upon their educational attainment. This is 
not fair.
  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.
  I vehemently disagree with how H.R. 3630 chooses 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.


                                Medicaid

  My colleagues on the other side in H.R. 3630 singled out Medicare 
premium increases that would have permanently increased seniors' costs 
by $31 billion. The Senate Amendment addresses the Medicare Sustainable 
Growth Rate, SGR, extending physician payment rates and preventing a 
27.4 percent cut through February 29th; and it addresses Medicare and 
Medicaid Extenders policies through February 29th as well. It also 
includes a simple extension of TANF through February 29th.
  If we do not pass the Senate version of H.R. 3630 this would result 
in significant changes to Medicaid, threatening healthcare resources 
for the 60 million people, half of them children that rely on this 
program to stay healthy.
  A block grant for funding or a cap on federal Medicaid spending would 
increase the cost for states and the low income families who benefit 
from the program.
  Harris County has one of the highest Medicaid enrollment records in 
Texas. Limits and cuts to Medicaid funds would significantly hurt the 
citizens of Texas' 18th District. Harris County averages between 
500,000 and 600,000 Medicaid recipients monthly, thousands of people 
who may not have access to healthcare under this budget.
  These cuts would hurt the doctors trying to serve soldiers and their 
families. Just the other day, I was visiting a hospital in Riverside. 
The doctors and staff were committed to the care of veterans and their 
families, many of who were suffering from PTSD. The quality of their 
care could be jeopardized without the ``Doc Fix'' which would prevent a 
significant decrease in doctor reimbursements from Medicare and will 
impact TRICARE as well.
  Currently, the Center for Medicare & Medicaid Services has announced 
plans to delay processing of physician claims in the hope a

[[Page 21485]]

fix will soon be enacted, they can only do so until January 17 when 
they will have to start paying at lower rates with a 27-percent cut. 
January 17 is the very day the House convenes for the 2nd session of 
the 112th Congress, which means there will be no opportunity for 
Congress to pass a fix before the cut kicks in.
  If my colleagues on the other side of the aisle continue to block a 
short term extension, the following will take place: 650,000 physicians 
and practitioners would see payment delays and a 27-percent cut in 
payments when payments are made; Over 800 rural hospitals would lose 
eligibility for ``hold harmless'' payments that help cover the cost of 
outpatient hospital services and roughly 90 hospitals would receive 
payments that do not reflect the competitive wage environment in which 
they operate; Physical therapists, occupational therapists and speech 
language pathologists would no longer be allowed to use an exceptions 
process that protects seriously injured patients from hitting an 
arbitrary dollar cap on therapy services and halting their access to 
needed care later in the year; Over half a million (520,000) low-income 
Medicare beneficiaries would no longer receive financial assistance 
with their Medicare premiums.
  This is an untenable situation to place our veterans, soldiers, their 
families, and millions of other Americans who rely upon Medicare and 
the doctors who provided that care.
  Again, I want to emphasize that 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.
  Personal and family savings have been exhausted and 401(k)s 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.
  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. 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 and support the ``Temporary Payroll Tax Cut Continuation Act of 
2011.''
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________