H9960 CONGRESSIONAL RECORD — HOUSE December 20, 2011 NAYS—187 MOTION TO GO TO CONFERENCE ‘‘(1) in the case of the tax described in sub- Ackerman Garamendi Neal ON H.R. 3630, MIDDLE CLASS TAX section (a)(1), calendar years 2011 and 2012, and Altmire Gonzalez Owens RELIEF AND JOB CREATION ACT ‘‘(2) in the case of the taxes described in sub- section (a)(2), the period beginning January 1, Andrews Green, Al Pallone OF 2011 Baca Green, Gene Pascrell 2011, and ending February 29, 2012.’’. Baldwin Grijalva Pastor (AZ) Mr. CAMP. Mr. Speaker, pursuant to (b) SPECIAL RULES FOR 2012.—Section 601 of Barrow Gutierrez Payne House Resolution 502, I call up the bill such Act (26 U.S.C. 1401 note) is amended by Bass (CA) Hahn Pelosi adding at the end the following new subsection: Becerra Hanabusa (H.R. 3630) to provide incentives for the Perlmutter ‘‘(f) SPECIAL RULES FOR 2012.— Berkley Hastings (FL) creation of jobs, and for other pur- Peters ‘‘(1) LIMITATION ON WAGES AND SELF-EMPLOY- Berman Heinrich Peterson poses, with Senate amendments there- Bishop (GA) Higgins MENT INCOME.—In the case of— Pingree (ME) Bishop (NY) Himes to, and I have a motion at the desk. ‘‘(A) any taxable year beginning in 2012, sub- Polis Blumenauer Hinchey The Clerk read the title of the bill. section (a)(1) shall only apply with respect to so Price (NC) Boren Hinojosa Quigley The SPEAKER pro tempore. The much of the taxpayer’s self-employment income Boswell Hirono Rahall Clerk will designate the Senate amend- (as defined in section 1402(b) of the Internal Brady (PA) Hochul Revenue Code of 1986) as does not exceed the ex- Braley (IA) Holden Rangel ments. Brown (FL) Holt Reyes The text of the Senate amendments cess (if any) of— Butterfield Honda Richardson is as follows: ‘‘(i) $18,350, over Capps Hoyer Richmond ‘‘(ii) the amount of wages and compensation Capuano Inslee Ross (AR) Senate amendments: taken into account under subparagraph (B), Cardoza Israel Rothman (NJ) Strike all after the enacting clause and in- and Carnahan Jackson (IL) Roybal-Allard sert the following: ‘‘(B) any remuneration received during the Carney Jackson Lee Ruppersberger SECTION 1. SHORT TITLE; TABLE OF CONTENTS. portion of the payroll tax holiday period occur- Carson (IN) (TX) Rush (a) SHORT TITLE.—This Act may be cited as ring during 2012, subsection (a)(2) shall only Castor (FL) Johnson (GA) Ryan (OH) the ‘‘Temporary Payroll Tax Cut Continuation ´ apply to so much of the sum of the taxpayer’s Chandler Jones Sanchez, Linda Act of 2011’’. Chu Kaptur T. wages (as defined in section 3121(a) of such Cicilline Keating Sanchez, Loretta (b) TABLE OF CONTENTS.—The table of con- Code) and compensation (as defined section Clarke (MI) Kildee Sarbanes tents of this Act is as follows: 3231(e) of such Code) as does not exceed $18,350. Clarke (NY) Kind Schakowsky Sec. 1. Short title; table of contents. ‘‘(2) COORDINATION WITH DEDUCTION FOR EM- Clay Kissell Schiff TITLE I—TEMPORARY PAYROLL TAX PLOYMENT TAXES.—In the case of a taxable year Cleaver Kucinich Schwartz RELIEF beginning in 2012, subparagraph (A) of sub- Clyburn Langevin Scott (VA) section (b)(2) shall be applied as if it read as fol- Cohen Larsen (WA) Scott, David Sec. 101. Extension of payroll tax holiday. Connolly (VA) Larson (CT) lows: Serrano TITLE II—TEMPORARY EXTENSION OF UN- ‘‘ ‘(A) the sum of— Conyers Lee (CA) Sewell EMPLOYMENT COMPENSATION PROVI- Cooper Levin ‘‘ ‘(i) 59.6 percent of the portion of such taxes Sherman SIONS Costa Lewis (GA) Shuler attributable to the tax imposed by section Costello Lipinski Sires Sec. 201. Temporary extension of unemployment 1401(a) of such Code (determined after the appli- Courtney Loebsack Slaughter compensation provisions. cation of this section) on so much of self-em- Critz Lofgren, Zoe Smith (WA) Sec. 202. Extended unemployment benefits ployment income (as defined in section 1402(b) Crowley Lowey Speier under the Railroad Unemploy- of such Code) as does not exceed the amount of Cuellar Luja´ n Stark Cummings Lynch ment Insurance Act. self-employment income described in paragraph Sutton Davis (CA) Maloney TITLE III—TEMPORARY EXTENSION OF (1)(A), plus Thompson (CA) Davis (IL) Markey HEALTH PROVISIONS ‘‘ ‘(ii) one-half of the portion of such taxes at- DeFazio Matheson Thompson (MS) tributable to the tax imposed by section 1401(a) Tierney Sec. 301. Medicare physician payment update. DeGette Matsui of such Code (determined without regard to this DeLauro McCarthy (NY) Tonko Sec. 302. 2-month extension of MMA section 508 Towns reclassifications. section) on self-employment income (as so de- Deutch McCollum fined) in excess of such amount, plus’.’’ Dicks McDermott Tsongas Sec. 303. Extension of Medicare work geo- (c) TECHNICAL AMENDMENTS.—Paragraph (2) Dingell McGovern Van Hollen graphic adjustment floor. Doggett McIntyre Vela´ zquez Sec. 304. Extension of exceptions process for of section 601(b) of such Act (26 U.S.C. 1401 Donnelly (IN) McNerney Visclosky Medicare therapy caps. note) is amended— Doyle Meeks Walz (MN) Sec. 305. Extension of payment for technical (1) by inserting ‘‘of such Code’’ after ‘‘164(f)’’, Wasserman Edwards Michaud component of certain physician (2) by inserting ‘‘of such Code’’ after Ellison Miller (NC) Schultz ‘‘1401(a)’’ in subparagraph (A), and Engel Miller, George Waters pathology services. Sec. 306. Extension of ambulance add-ons. (3) by inserting ‘‘of such Code’’ after Eshoo Moore Watt ‘‘1401(b)’’ in subparagraph (B). Farr Moran Waxman Sec. 307. Extension of physician fee schedule (d) EFFECTIVE DATES.— Fattah Murphy (CT) Welch mental health add-on payment. Frank (MA) Nadler Wilson (FL) Sec. 308. Extension of outpatient hold harmless (1) IN GENERAL.—Except as provided in para- Fudge Napolitano Yarmuth provision. graph (2), the amendments made by this section shall apply to remuneration received, and tax- ANSWERED ‘‘PRESENT’’—1 Sec. 309. Extending minimum payment for bone mass measurement. able years beginning, after December 31, 2011. Johnson (IL) Sec. 310. Extension of the qualifying individual (2) TECHNICAL AMENDMENTS.—The amend- ments made by subsection (c) shall take effect as NOT VOTING—14 (QI) program. Sec. 311. Extension of Transitional Medical As- if included in the enactment of section 601 of the Bachmann Giffords Paul sistance (TMA). Tax Relief, Unemployment Insurance Reauthor- Buchanan Gingrey (GA) Platts ization, and Job Creation Act of 2010. Coble Hanna Schrader Sec. 312. Extension of the temporary assistance Diaz-Balart Johnson, E. B. Woolsey for needy families program. TITLE II—TEMPORARY EXTENSION OF UN- Filner Olver TITLE IV—MORTGAGE FEES AND EMPLOYMENT COMPENSATION PROVI- PREMIUMS SIONS b 1110 Sec. 401. Guarantee Fees. SEC. 201. TEMPORARY EXTENSION OF UNEMPLOY- Sec. 402. FHA guarantee fees. MENT COMPENSATION PROVISIONS. So the resolution was agreed to. (a) IN GENERAL.—(1) Section 4007 of the Sup- TITLE V—OTHER PROVISIONS The result of the vote was announced plemental Appropriations Act, 2008 (Public Law as above recorded. Subtitle A—Keystone XL Pipeline 110–252; 26 U.S.C. 3304 note) is amended— A motion to reconsider was laid on Sec. 501. Permit for Keystone XL pipeline. (A) by striking ‘‘January 3, 2012’’ each place the table. Subtitle B—Budgetary Provisions it appears and inserting ‘‘March 6, 2012’’; (B) in the heading for subsection (b)(2), by Stated for: Sec. 511. Senate point of order against an emer- striking ‘‘JANUARY 3, 2012’’ and inserting ‘‘MARCH Mr. GINGREY of Georgia. Mr. Speaker, on gency designation. Sec. 512. PAYGO scorecard estimates. 6, 2012’’; and rollcall No. 945 on adoption of H. Res. 502, I (C) in subsection (b)(3), by striking ‘‘June 9, am not recorded because I was unavoidably TITLE I—TEMPORARY PAYROLL TAX 2012’’ and inserting ‘‘August 15, 2012’’. detained. Had I been present, I would have RELIEF (2) Section 2005 of the Assistance for Unem- voted ‘‘yea.’’ SEC. 101. EXTENSION OF PAYROLL TAX HOLIDAY. ployed Workers and Struggling Families Act, as Stated against: (a) IN GENERAL.—Subsection (c) of section 601 contained in Public Law 111–5 (26 U.S.C. 3304 of the Tax Relief, Unemployment Insurance Re- note; 123 Stat. 444), is amended— Mr. FILNER. Mr. Speaker, on rollcall 945, I authorization, and Job Creation Act of 2010 (26 (A) by striking ‘‘January 4, 2012’’ each place was away from the Capitol due to prior com- U.S.C. 1401 note) is amended to read as follows: it appears and inserting ‘‘March 7, 2012’’; and mitments to my constituents. Had I been ‘‘(c) PAYROLL TAX HOLIDAY PERIOD.—The (B) in subsection (c), by striking ‘‘June 11, present, I would have voted ‘‘nay.’’ term ‘payroll tax holiday period’ means— 2012’’ and inserting ‘‘August 15, 2012’’.

VerDate Mar 15 2010 01:33 Dec 21, 2011 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 6333 E:\CR\FM\A20DE7.019 H20DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 20, 2011 CONGRESSIONAL RECORD — HOUSE H9961 (3) Section 5 of the Unemployment Compensa- of the Medicare, Medicaid, and SCHIP Exten- viders Act of 2008 (Public Law 110–275), as tion Extension Act of 2008 (Public Law 110–449; sion Act of 2007 (Public Law 110–173), section amended by sections 3105(b) and 10311(b) of 26 U.S.C. 3304 note) is amended by striking 124 of the Medicare Improvements for Patients Public Law 111–148 and section 106(b) of the ‘‘June 10, 2012’’ and inserting ‘‘August 15, and Providers Act of 2008 (Public Law 110–275), Medicare and Medicaid Extenders Act of 2010 2012’’. sections 3137(a) and 10317 of the Patient Protec- (Public Law 111–309), is amended by striking (4) Section 203 of the Federal-State Extended tion and Affordable Care Act (Public Law 111– ‘‘December 31, 2011’’ and inserting ‘‘February Unemployment Compensation Act of 1970 (26 148), and section 102(a) of the Medicare and 29, 2012’’. U.S.C. 3304 note) is amended— Medicaid Extenders Act of 2010 (Public Law (c) SUPER RURAL AMBULANCE.—Section (A) in subsection (d), in the second sentence 111–309), is amended by striking ‘‘September 30, 1834(l)(12)(A) of the Social Security Act (42 of the flush matter following paragraph (2), by 2011’’ and inserting ‘‘November 30, 2011’’. U.S.C. 1395m(l)(12)(A)) is amended by striking striking ‘‘December 31, 2011’’ and inserting (b) SPECIAL RULE FOR OCTOBER AND NOVEM- ‘‘January 1, 2012’’ and inserting ‘‘March 1, ‘‘February 29, 2012’’; and BER 2011.— 2012’’. (B) in subsection (f)(2), by striking ‘‘December (1) IN GENERAL.—Subject to paragraph (2), for SEC. 307. EXTENSION OF PHYSICIAN FEE SCHED- 31, 2011’’ and inserting ‘‘February 29, 2012’’. purposes of implementation of the amendment ULE MENTAL HEALTH ADD-ON PAY- (b) FUNDING.—Section 4004(e)(1) of the Sup- made by subsection (a), including for purposes MENT. plemental Appropriations Act, 2008 (Public Law of the implementation of paragraph (2) of sec- Section 138(a)(1) of the Medicare Improve- 110–252; 26 U.S.C. 3304 note) is amended— tion 117(a) of the Medicare, Medicaid, and ments for Patients and Providers Act of 2008 (1) in subparagraph (F), by striking ‘‘and’’ at SCHIP Extension Act of 2007 (Public Law 110– (Public Law 110–275), as amended by section the end; and 173), for the period beginning on October 1, 2011, 3107 of the Patient Protection and Affordable (2) by inserting after subparagraph (G) the and ending on November 30, 2011, the Secretary Care Act (Public Law 111–148) and section 107 of following: of Health and Human Services shall use the hos- the Medicare and Medicaid Extenders Act of ‘‘(H) the amendments made by section pital wage index that was promulgated by the 2010 (Public Law 111–309), is amended by strik- 201(a)(1) of the Temporary Payroll Tax Cut Secretary of Health and Human Services in the ing ‘‘December 31, 2011’’ and inserting ‘‘Feb- Continuation Act of 2011; and’’. Federal Register on August 18, 2011 (76 Fed. ruary 29, 2012’’. (c) EFFECTIVE DATE.—The amendments made Reg. 51476), and any subsequent corrections. SEC. 308. EXTENSION OF OUTPATIENT HOLD by this section shall take effect as if included in (2) EXCEPTION.—In determining the wage HARMLESS PROVISION. the enactment of the Tax Relief, Unemployment index applicable to hospitals that qualify for Section 1833(t)(7)(D)(i) of the Social Security Insurance Reauthorization, and Job Creation wage index reclassification, the Secretary shall, Act (42 U.S.C. 1395l(t)(7)(D)(i)), as amended by Act of 2010 (Public Law 111–312). for the period beginning on October 1, 2011, and section 3121(a) of the Patient Protection and Af- SEC. 202. EXTENDED UNEMPLOYMENT BENEFITS ending on November 30, 2011, include the aver- fordable Care Act (Public Law 111–148) and sec- UNDER THE RAILROAD UNEMPLOY- age hourly wage data of hospitals whose reclas- tion 108 of the Medicare and Medicaid Extend- MENT INSURANCE ACT. sification was extended pursuant to the amend- ers Act of 2010 (Public Law 111–309), is amend- (a) EXTENSION.—Section 2(c)(2)(D)(iii) of the ment made by subsection (a) only if including ed— Railroad Unemployment Insurance Act, as such data results in a higher applicable reclassi- (1) in subclause (II)— added by section 2006 of the American Recovery fied wage index. Any revision to hospital wage (A) in the first sentence, by striking ‘‘January and Reinvestment Act of 2009 (Public Law 111– indexes made as a result of this paragraph shall 1, 2012’’ and inserting ‘‘March 1, 2012’’; and (B) in the second sentence, by striking ‘‘or 5) and as amended by section 9 of the Worker, not be effected in a budget neutral manner. 2011’’ and inserting ‘‘2011, or the first two Homeownership, and Business Assistance Act of (c) TIMEFRAME FOR PAYMENTS.—The Sec- months of 2012’’; and 2009 (Public Law 111–92) and section 505 of the retary shall make payments required under sub- Tax Relief, Unemployment Insurance Reauthor- (2) in subclause (III)— sections (a) and (b) by not later than December (A) in the first sentence, by striking ‘‘2009, ization, and Job Creation Act of 2010 (Public 31, 2012. and’’ and all that follows through ‘‘for which’’ Law 111–312), is amended— SEC. 303. EXTENSION OF MEDICARE WORK GEO- and inserting ‘‘2009, and before March 1, 2012, (1) by striking ‘‘June 30, 2011’’ and inserting GRAPHIC ADJUSTMENT FLOOR. for which’’; and ‘‘August 31, 2011’’; and Section 1848(e)(1)(E) of the Social Security Act (B) in the second sentence, by striking ‘‘2010, (2) by striking ‘‘December 31, 2011’’ and insert- (42 U.S.C. 1395w–4(e)(1)(E)) is amended by strik- and’’ and all that follows through ‘‘the pre- ing ‘‘February 29, 2012’’. ing ‘‘before January 1, 2012’’ and inserting ‘‘be- ceding’’ and inserting ‘‘2010, and before March (b) CLARIFICATION ON AUTHORITY TO USE fore March 1, 2012’’. 1, 2012, the preceding’’. FUNDS.—Funds appropriated under either the SEC. 304. EXTENSION OF EXCEPTIONS PROCESS first or second sentence of clause (iv) of section SEC. 309. EXTENDING MINIMUM PAYMENT FOR FOR MEDICARE THERAPY CAPS. BONE MASS MEASUREMENT. 2(c)(2)(D) of the Railroad Unemployment Insur- Section 1833(g)(5) of the Social Security Act Section 1848 of the Social Security Act (42 ance Act shall be available to cover the cost of (42 U.S.C. 1395l(g)(5)) is amended by striking U.S.C. 1395w–4) is amended— additional extended unemployment benefits pro- ‘‘December 31, 2011’’ and inserting ‘‘February (1) in subsection (b)— vided under such section 2(c)(2)(D) by reason of 29, 2012’’. (A) in paragraph (4)(B), by striking ‘‘and the amendments made by subsection (a) as well SEC. 305. EXTENSION OF PAYMENT FOR TECH- 2011’’ and inserting ‘‘, 2011, and the first 2 as to cover the cost of such benefits provided NICAL COMPONENT OF CERTAIN months of 2012’’; and under such section 2(c)(2)(D), as in effect on the PHYSICIAN PATHOLOGY SERVICES. (B) in paragraph (6)— day before the date of the enactment of this Act. Section 542(c) of the Medicare, Medicaid, and (i) in the matter preceding subparagraph (A), TITLE III—TEMPORARY EXTENSION OF SCHIP Benefits Improvement and Protection by striking ‘‘and 2011’’ and inserting ‘‘, 2011, HEALTH PROVISIONS Act of 2000 (as enacted into law by section and the first 2 months of 2012’’; and (ii) in subparagraph (C), by striking ‘‘and SEC. 301. MEDICARE PHYSICIAN PAYMENT UP- 1(a)(6) of Public Law 106–554), as amended by DATE. section 732 of the Medicare Prescription Drug, 2011’’ and inserting ‘‘, 2011, and the first 2 Section 1848(d) of the Social Security Act (42 Improvement, and Modernization Act of 2003 (42 months of 2012’’; and (2) in subsection (c)(2)(B)(iv)(IV), by striking U.S.C. 1395w–4(d)) is amended by adding at the U.S.C. 1395w–4 note), section 104 of division B of ‘‘or 2011’’ and inserting ‘‘, 2011, or the first 2 end the following new paragraph: the Tax Relief and Health Care Act of 2006 (42 months of 2012’’. ‘‘(13) UPDATE FOR FIRST TWO MONTHS OF U.S.C. 1395w–4 note), section 104 of the Medi- 2012.— care, Medicaid, and SCHIP Extension Act of SEC. 310. EXTENSION OF THE QUALIFYING INDI- VIDUAL (QI) PROGRAM. ‘‘(A) IN GENERAL.—Subject to paragraphs 2007 (Public Law 110–173), section 136 of the (a) EXTENSION.—Section 1902(a)(10)(E)(iv) of (7)(B), (8)(B), (9)(B), (10)(B), (11)(B), and Medicare Improvements for Patients and Pro- the Social Security Act (42 U.S.C. (12)(B), in lieu of the update to the single con- viders Act of 2008 (Public Law 110–275), section 1396a(a)(10)(E)(iv)) is amended by striking ‘‘De- version factor established in paragraph (1)(C) 3104 of the Patient Protection and Affordable cember 2011’’ and inserting ‘‘February 2012’’. that would otherwise apply for the period begin- Care Act (Public Law 111–148), and section 105 (b) EXTENDING TOTAL AMOUNT AVAILABLE ning on January 1, 2012, and ending on Feb- of the Medicare and Medicaid Extenders Act of FOR ALLOCATION.—Section 1933(g) of such Act ruary 29, 2012, the update to the single conver- 2010 (Public Law 111–309), is amended by strik- ing ‘‘and 2011’’ and inserting ‘‘2011, and the (42 U.S.C. 1396u–3(g)) is amended— sion factor shall be zero percent. (1) in paragraph (2)— ‘‘(B) NO EFFECT ON COMPUTATION OF CONVER- first two months of 2012’’. (A) by striking ‘‘and’’ at the end of subpara- SION FACTOR FOR REMAINING PORTION OF 2012 SEC. 306. EXTENSION OF AMBULANCE ADD-ONS. graph (O); AND SUBSEQUENT YEARS.—The conversion factor (a) GROUND AMBULANCE.—Section (B) in subparagraph (P), by striking the pe- under this subsection shall be computed under 1834(l)(13)(A) of the Social Security Act (42 riod at the end and inserting ‘‘; and’’; and paragraph (1)(A) for the period beginning on U.S.C. 1395m(l)(13)(A)) is amended— (C) by adding at the end the following new March 1, 2012, and ending on December 31, 2012, (1) in the matter preceding clause (i), by strik- subparagraphs: and for 2013 and subsequent years as if sub- ing ‘‘January 1, 2012’’ and inserting ‘‘March 1, ‘‘(Q) for the period that begins on January 1, paragraph (A) had never applied.’’. 2012’’; and 2012, and ends on February 29, 2012, the total SEC. 302. 2-MONTH EXTENSION OF MMA SECTION (2) in each of clauses (i) and (ii), by striking allocation amount is $150,000,000.’’. 508 RECLASSIFICATIONS. ‘‘January 1, 2012’’ and inserting ‘‘March 1, SEC. 311. EXTENSION OF TRANSITIONAL MEDICAL (a) IN GENERAL.—Section 106(a) of division B 2012’’ each place it appears. ASSISTANCE (TMA). of the Tax Relief and Health Care Act of 2006 (b) AIR AMBULANCE.—Section 146(b)(1) of the Sections 1902(e)(1)(B) and 1925(f) of the Social (42 U.S.C. 1395 note), as amended by section 117 Medicare Improvements for Patients and Pro- Security Act (42 U.S.C. 1396a(e)(1)(B), 1396r–

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6(f)) are each amended by striking ‘‘December ‘‘(3) DEPOSIT IN TREASURY.—Amounts received Secretary shall increase the number of basis 31, 2011’’ and inserting ‘‘February 29, 2012’’. from fee increases imposed under this section points of the annual premium payment collected SEC. 312. EXTENSION OF THE TEMPORARY AS- shall be deposited directly into the United States under this subparagraph incrementally, as de- SISTANCE FOR NEEDY FAMILIES Treasury, and shall be available only to the ex- termined appropriate by the Secretary, until the PROGRAM. tent provided in subsequent appropriations Acts. number of basis points of the annual premium Activities authorized by part A of title IV and The fees charged pursuant to this section shall payment collected under this subparagraph is section 1108(b) of the Social Security Act (other not be considered a reimbursement to the Fed- equal to the number described in subclause than under subsections (a)(3) and (b) of section eral Government for the costs or subsidy pro- (I).’’. 403 of such Act) shall continue through Feb- vided to an enterprise. (b) PROSPECTIVE REPEAL.—Section 203(c)(2) of ruary 29, 2012, in the manner authorized for fis- ‘‘(c) PHASE-IN.— the National Housing Act (12 U.S.C. 1709(c)(2)) cal year 2011, and out of any money in the ‘‘(1) IN GENERAL.—The Director may provide is amended by striking subparagraph (C), as Treasury of the United States not otherwise ap- for compliance with subsection (b) by allowing added by subsection (a), effective on October 1, propriated, there are hereby appropriated such each enterprise to increase the guarantee fee 2021. sums as may be necessary for such purpose. charged by the enterprise gradually over the 2- (c) REPORT REQUIRED.—Not later than 30 Grants and payments may be made pursuant to year period beginning on the date of enactment days before the date on which the Secretary of this authority through the applicable portion of of this section, in a manner sufficient to comply Housing and Urban Development makes a deter- the second quarter of fiscal year 2012 at the pro with this section. In determining a schedule for mination under subsection (b)(2), the Secretary rata portion of the level provided for such ac- such increases, the Director shall— shall submit to the Committee on Banking, tivities through the second quarter of fiscal year ‘‘(A) provide for uniform pricing among lend- Housing, and Urban Affairs of the Senate and 2011. ers; the Committee on Financial Services of the TITLE IV—MORTGAGE FEES AND ‘‘(B) provide for adjustments in pricing based House of Representatives a report that— PREMIUMS on risk levels; and (1) explains the basis for the determination; SEC. 401. GUARANTEE FEES. ‘‘(C) take into consideration conditions in fi- and Subpart A of part 2 of subtitle A of title XIII nancial markets. (2) identifies the date on which the Secretary of the Housing and Community Development ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this plans to make the determination. Act of 1992 is amended by adding after section subsection shall be interpreted to undermine the TITLE V—OTHER PROVISIONS 1326 (12 U.S.C. 4546) the following new section: minimum increase required by subsection (b). Subtitle A—Keystone XL Pipeline ‘‘(d) INFORMATION COLLECTION AND ANNUAL ‘‘SEC. 1327. ENTERPRISE GUARANTEE FEES. SEC. 501. PERMIT FOR KEYSTONE XL PIPELINE. ‘‘(a) DEFINITIONS.—For purposes of this sec- ANALYSIS.—The Director shall require each en- terprise to provide to the Director, as part of its (a) IN GENERAL.—Except as provided in sub- tion, the following definitions shall apply: section (b), not later than 60 days after the date ‘‘(1) GUARANTEE FEE.—The term ‘guarantee annual report submitted to Congress— ‘‘(1) a description of— of enactment of this Act, the President, acting fee’— through the Secretary of State, shall grant a ‘‘(A) means a fee described in subsection (b); ‘‘(A) changes made to up-front fees and an- permit under Executive Order 13337 (3 U.S.C. 301 and nual fees as part of the guarantee fees nego- ‘‘(B) includes— tiated with lenders; note; relating to issuance of permits with respect ‘‘(i) the guaranty fee charged by the Federal ‘‘(B) changes to the riskiness of the new bor- to certain energy-related facilities and land National Mortgage Association with respect to rowers compared to previous origination years transportation crossings on the international mortgage-backed securities; and or book years; and boundaries of the United States) for the Key- ‘‘(ii) the management and guarantee fee ‘‘(C) any adjustments required to improve for stone XL pipeline project application filed on charged by the Federal Home Loan Mortgage future origination years or book years, in order September 19, 2008 (including amendments). (b) EXCEPTION.— Corporation with respect to participation certifi- to be in complete compliance with subsection (1) IN GENERAL.—The President shall not be cates. (b); and required to grant the permit under subsection ‘‘(2) AVERAGE FEES.—The term ‘average fees’ ‘‘(2) an assessment of how the changes in the (a) if the President determines that the Key- means the average contractual fee rate of single- guarantee fees described in paragraph (1) met stone XL pipeline would not serve the national family guaranty arrangements by an enterprise the requirements of subsection (b). interest. entered into during 2011, plus the recognition of ‘‘(e) ENFORCEMENT.— (2) REPORT.—If the President determines that any up-front cash payments over an estimated ‘‘(1) REQUIRED ADJUSTMENTS.—Based on the the Keystone XL pipeline is not in the national average life, expressed in terms of basis points. information from subsection (d) and any other interest under paragraph (1), the President Such definition shall be interpreted in a manner information the Director deems necessary, the shall, not later than 15 days after the date of consistent with the annual report on guarantee Director shall require an enterprise to make ad- the determination, submit to the Committee on fees by the Federal Housing Finance Agency. justments in its guarantee fee in order to be in Foreign Relations of the Senate, the Committee ‘‘(b) INCREASE.— compliance with subsection (b). N GENERAL on Foreign Affairs of the House of Representa- ‘‘(1) I .— ‘‘(2) NONCOMPLIANCE PENALTY.—An enterprise ‘‘(A) PHASED INCREASE REQUIRED.—Subject to tives, the majority leader of the Senate, the mi- that has been found to be out of compliance subsection (c), the Director shall require each nority leader of the Senate, the Speaker of the with subsection (b) for any 2 consecutive years enterprise to charge a guarantee fee in connec- House of Representatives, and the minority shall be precluded from providing any guar- tion with any guarantee of the timely payment leader of the House of Representatives a report antee for a period, determined by rule of the Di- of principal and interest on securities, notes, that provides a justification for determination, rector, but in no case less than 1 year. and other obligations based on or backed by including consideration of economic, employ- ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this mortgages on residential real properties designed ment, energy security, foreign policy, trade, and subsection shall be interpreted as preventing the principally for occupancy of from 1 to 4 families, environmental factors. Director from initiating and implementing an consummated after the date of enactment of this (3) EFFECT OF NO FINDING OR ACTION.—If a de- enforcement action against an enterprise, at a section. termination is not made under paragraph (1) time the Director deems necessary, under other ‘‘(B) AMOUNT.—The amount of the increase and no action is taken by the President under existing enforcement authority. required under this section shall be determined subsection (a) not later than 60 days after the ‘‘(f) EXPIRATION.—The provisions of this sec- by the Director to appropriately reflect the risk date of enactment of this Act, the permit for the tion shall expire on October 1, 2021.’’. of loss, as well the cost of capital allocated to Keystone XL pipeline described in subsection (a) similar assets held by other fully private regu- SEC. 402. FHA GUARANTEE FEES. that meets the requirements of subsections (c) lated financial institutions, but such amount (a) AMENDMENT.—Section 203(c)(2) of the Na- and (d) shall be in effect by operation of law. shall be not less than an average increase of 10 tional Housing Act (12 U.S.C. 1709(c)(2)) is (c) REQUIREMENTS.—The permit granted basis points for each origination year or book amended by adding at the end the following: under subsection (a) shall require the following: year above the average fees imposed in 2011 for ‘‘(C)(i) In addition to the premiums under (1) The permittee shall comply with all appli- such guarantees. The Director shall prohibit an subparagraphs (A) and (B), the Secretary shall cable Federal and State laws (including regula- enterprise from offsetting the cost of the fee to establish and collect annual premium payments tions) and all applicable industrial codes re- mortgage originators, borrowers, and investors for any mortgage for which the Secretary col- garding the construction, connection, operation, by decreasing other charges, fees, or premiums, lects an annual premium payment under sub- and maintenance of the United States facilities. or in any other manner. paragraph (B), in an amount described in (2) The permittee shall obtain all requisite per- ‘‘(2) AUTHORITY TO LIMIT OFFER OF GUAR- clause (ii). mits from Canadian authorities and relevant ANTEE.—The Director shall prohibit an enter- ‘‘(ii)(I) Subject to subclause (II), with respect Federal, State, and local governmental agencies. prise from consummating any offer for a guar- to a mortgage, the amount described in this (3) The permittee shall take all appropriate antee to a lender for mortgage-backed securities, clause is 10 basis points of the remaining in- measures to prevent or mitigate any adverse en- if— sured principal balance (excluding the portion vironmental impact or disruption of historic ‘‘(A) the guarantee is inconsistent with the re- of the remaining balance attributable to the pre- properties in connection with the construction, quirements of this section; or mium collected under subparagraph (A) and operation, and maintenance of the United ‘‘(B) the risk of loss is allowed to increase, without taking into account delinquent pay- States facilities. through lowering of the underwriting standards ments or prepayments). (4) For the purpose of the permit issued under or other means, for the primary purpose of meet- ‘‘(II) During the 2-year period beginning on subsection (a) (regardless of any modifications ing the requirements of this section. the date of enactment of this subparagraph, the under subsection (d))—

VerDate Mar 15 2010 01:33 Dec 21, 2011 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 6333 E:\CR\FM\A20DE7.003 H20DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 20, 2011 CONGRESSIONAL RECORD — HOUSE H9963 (A) the final environmental impact statement (2) inserting after subsection (d) the following: The Chair recognizes the gentleman issued by the Secretary of State on August 26, ‘‘(e) SENATE POINT OF ORDER AGAINST AN from Michigan (Mr. CAMP). 2011, satisfies all requirements of the National EMERGENCY DESIGNATION.— GENERAL LEAVE Environmental Policy Act of 1969 (42 U.S.C. 4321 ‘‘(1) IN GENERAL.—When the Senate is consid- et seq.) and section 106 of the National Historic ering a bill, resolution, amendment, motion, Mr. CAMP. Mr. Speaker, I ask unani- Preservation Act (16 U.S.C. 470f); amendment between the Houses, or conference mous consent that all Members have 5 (B) any modification required by the Sec- report, if a point of order is made by a Senator legislative days in which to revise and retary of State to the Plan described in para- against an emergency designation in that meas- extend their remarks. graph (5)(A) shall not require supplementation ure, that provision making such a designation The SPEAKER pro tempore. Is there of the final environmental impact statement de- shall be stricken from the measure and may not objection to the request of the gen- scribed in that paragraph; and be offered as an amendment from the floor. tleman from Michigan? (C) no further Federal environmental review ‘‘(2) SUPERMAJORITY WAIVER AND APPEALS.— ‘‘(A) WAIVER.—Paragraph (1) may be waived There was no objection. shall be required. Mr. CAMP. Mr. Speaker, I yield my- (5) The construction, operation, and mainte- or suspended in the Senate only by an affirma- nance of the facilities shall be in all material re- tive vote of three-fifths of the Members, duly self such time as I may consume. spects similar to that described in the applica- chosen and sworn. The differences between the bipar- ‘‘(B) APPEALS.—Appeals in the Senate from tion described in subsection (a) and in accord- tisan, House-passed Middle Class Tax the decisions of the Chair relating to any provi- ance with— Relief and Job Creation Act and what sion of this subsection shall be limited to 1 hour, (A) the construction, mitigation, and reclama- the Senate did so it could go on vaca- to be equally divided between, and controlled tion measures agreed to by the permittee in the by, the appellant and the manager of the bill or tion could not be clearer. The House Construction Mitigation and Reclamation Plan joint resolution, as the case may be. An affirma- bill puts the American people first. It found in appendix B of the final environmental tive vote of three-fifths of the Members of the provided certainty for middle class impact statement issued by the Secretary of Senate, duly chosen and sworn, shall be re- State on August 26, 2011, subject to the modi- families struggling to make ends meet quired to sustain an appeal of the ruling of the fication described in subsection (d); by extending the middle class holiday; Chair on a point of order raised under this sub- (B) the special conditions agreed to between it provided certainty for those left be- section. the permittee and the Administrator of the Pipe- hind in this economy by extending not ‘‘(3) DEFINITION OF AN EMERGENCY DESIGNA- line Hazardous Materials Safety Administration only unemployment benefits for 1 year TION.—For purposes of paragraph (1), a provi- of the Department of Transportation found in sion shall be considered an emergency designa- but also the Nation’s welfare program; appendix U of the final environmental impact tion if it designates any item pursuant to section it provided certainty to seniors by en- statement described in subparagraph (A); 251(b)(2)(A)(i) of the Balanced Budget and suring their doctors would not see re- (C) if the modified route submitted by the Gov- Emergency Deficit Control Act of 1985. imbursement rates slashed by nearly 30 ernor of Nebraska under subsection (d)(3)(B) ‘‘(4) FORM OF THE POINT OF ORDER.—A point crosses the Sand Hills region, the measures percent; and it provided incentives for of order under paragraph (1) may be raised by job creators looking for ways to hire agreed to by the permittee for the Sand Hills re- a Senator as provided in section 313(e) of the gion found in appendix H of the final environ- Congressional Budget Act of 1974. more workers by extending tax relief. mental impact statement described in subpara- ‘‘(5) CONFERENCE REPORTS.—When the Senate The Senate decided not to do any of graph (A); and is considering a conference report on, or an this. Worse yet, in a rush to get home (D) the stipulations identified in appendix S amendment between the Houses in relation to, a for the holidays, the Senate passed of the final environmental impact statement de- bill, upon a point of order being made by any something that is totally unworkable. scribed in subparagraph (A). Senator pursuant to this section, and such point Yesterday, the Congress received a let- (6) Other requirements that are standard in- of order being sustained, such material con- dustry practice or commonly included in Federal ter from the National Payroll Report- tained in such conference report shall be deemed ing Consortium, a nonprofit trading as- permits that are similar to a permit issued under stricken, and the Senate shall proceed to con- subsection (a). sider the question of whether the Senate shall sociation whose members cover more (d) MODIFICATION.—The permit issued under recede from its amendment and concur with a than one-third of the private-sector subsection (a) shall require— further amendment, or concur in the House workforce. Their letter says the Senate (1) the reconsideration of routing of the Key- amendment with a further amendment, as the bill ‘‘could create substantial prob- stone XL pipeline within the State of Nebraska; case may be, which further amendment shall lems, confusion, and costs affecting a (2) a review period during which routing with- consist of only that portion of the conference re- significant percentage of U.S. employ- in the State of Nebraska may be reconsidered port or House amendment, as the case may be, and the route of the Keystone XL pipeline ers and employees.’’ not so stricken. Any such motion in the Senate The National Federation of Inde- through the State altered with any accom- shall be debatable. In any case in which such panying modification to the Plan described in point of order is sustained against a conference pendent Business, the largest small subsection (c)(5)(A); and report (or Senate amendment derived from such business advocacy group in the Nation, (3) the President— conference report by operation of this sub- representing 350,000 small business (A) to coordinate review with the State of Ne- section), no further amendment shall be in owners nationwide and in every State, braska and provide any necessary data and rea- order.’’. has issued a statement on the Senate sonable technical assistance material to the re- SEC. 512. PAYGO SCORECARD ESTIMATES. bill. They say: view process required under this subsection; and The budgetary effects of this Act shall not be ‘‘The 2-month payroll tax holiday (B) to approve the route within the State of entered on either PAYGO scorecard maintained Nebraska that has been submitted to the Sec- would present a number of complica- pursuant to section 4(d) of the Statutory Pay- tions and costs that would dispropor- retary of State by the Governor of Nebraska. As-You-Go Act of 2010. (e) EFFECT OF NO APPROVAL.—If the Presi- tionately affect small businesses. In dent does not approve the route within the State Amend the title so as to read: ‘‘An Act A addition, many small employers do of Nebraska submitted by the Governor of Ne- bill to extend the payroll tax holiday, unem- ployment compensation, Medicare physician payroll processing in-house by hand, braska under subsection (d)(3)(B) not later than payment, provide for the consideration of and this would require them to spend 10 days after the date of submission, the route the Keystone XL pipeline, and for other pur- time to make these changes.’’ submitted by the Governor of Nebraska under poses’’. subsection (d)(3)(B) shall be considered ap- With more than 5 million people proved, pursuant to the terms of the permit de- The SPEAKER pro tempore. The working in the construction industry, scribed in subsection (a) that meets the require- Clerk will designate the motion. this is what the Associated General ments of subsection (c) and this subsection, by The text of the motion is as follows: Contractors have said about the Senate operation of law. Mr. Camp moves that the House disagree bill: (f) PRIVATE PROPERTY SAVINGS CLAUSE.— to the Senate amendments to H.R. 3630 and ‘‘This legislation will extend the pay- Nothing in this section alters the Federal, State, request a conference with the Senate. roll tax holiday in the most complex or local processes or conditions in effect on the The SPEAKER pro tempore. Pursu- way possible, at the busiest time pos- date of enactment of this Act that are necessary sible, provide little benefit to tax- to secure access from private property owners to ant to House Resolution 502, the mo- construct the Keystone XL pipeline. tion shall be debatable for 1 hour, payers and unfairly hit the small mem- equally divided and controlled by the ber companies of the Associated Gen- Subtitle B—Budgetary Provisions chair and ranking minority member of eral Contractors of America the hard- SEC. 511. SENATE POINT OF ORDER AGAINST AN EMERGENCY DESIGNATION. the Committee on Ways and Means. est.’’ Section 314 of the Congressional Budget Act of The gentleman from Michigan (Mr. As the Associated General Contrac- 1974 is amended by— CAMP) and the gentleman from Michi- tors say, this legislation will provide (1) redesignating subsection (e) as subsection gan (Mr. LEVIN) each will control 30 little benefit to taxpayers and unfairly (f); and minutes. hit the small member companies of the

VerDate Mar 15 2010 01:33 Dec 21, 2011 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A20DE7.003 H20DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H9964 CONGRESSIONAL RECORD — HOUSE December 20, 2011 organization the hardest. This legisla- Without objection, the request is House and Senate bill, it’s not a dif- tion will add more uncertainty, more granted. ference over policy. It’s simply a dif- confusion for employers and employ- There was no objection. ference between the House deciding to ees, and more complexity, especially The SPEAKER pro tempore. The act and the Senate deciding not to act for small employers. Chair recognizes the gentleman from on so many items. ‘‘Any economic benefit derived from Michigan. The House bill includes commonsense the law would likely be eaten up by the Mr. CAMP. I thank the gentleman reforms the American people want, and inefficiency and confusion surrounding from New York for withdrawing. it adopts a number of the President’s the bill’s implementation.’’ These letters, many of them were legislative initiatives which represent Mr. Speaker, I ask unanimous con- written to both parties, both leaders. I the bipartisan cooperation the Amer- sent that these letters, along with let- think Mr. LEVIN and I both received ican people are demanding. All told, 90 ters in opposition to the Senate bill these letters. They were written to the percent of the House bill is paid for from the National Roofing Contractors Congress. It’s routine that we do these. with policies the President has en- Association, which has over 4,000 mem- And on his own time the gentleman dorsed in one form or another. bers and is represented in every State; may do as he wishes. So what’s really standing in our way? the Associated Builders and Contrac- I would say, Mr. Speaker, our econ- I’ve heard the President’s people say tors, which represent over 2 million omy is too weak and the American peo- that this breaks the agreement over American workers; and the Small Busi- ple have been struggling for far too the discretionary caps in the Budget ness Entrepreneurship Council, with long for Congress not to work out our Control Act, but look at that talking over 100,000 members, be entered into differences. America is not on vaca- point. Those caps are adjusted only be- the RECORD. tion, nor should the Senate be. We have cause we are proposing, as the Presi- The SPEAKER pro tempore (Mr. 2 weeks to find a solution and send YODER). Is there objection to the re- dent has before, to freeze the pay of something to the President for his sig- Members of Congress and other Federal quest of the gentleman from Michigan? nature. That is what House Repub- Mr. RANGEL. Reserving the right to workers. Do the President and the Sen- licans are proposing today. ate really want to risk unemployment object, and I probably won’t object, but Let’s look at the differences between benefits, a middle class tax cut, and re- if the chairman is asking to put in the the House and the Senate. RECORD the people that support the The House extended unemployment imbursement to doctors treating sen- awkward position that the majority for 13 months. The Senate bill extended iors and those with disabilities because has taken, my question would be, unemployment benefits for only 2 they don’t want to freeze the pay for would we be allowed to put in the months, meaning an estimated 4 mil- Members of Congress and Federal RECORD those people who are going lion Americans could lose the extended workers? through such economic pain and who unemployment benefits next year they Mr. Speaker, it’s not too late. I urge so badly want to make certain that would get under the House bill. all of my colleagues to support a 1-year they don’t get a raise in their taxes, The House reformed the unemploy- extension of the payroll tax holiday, 1 would we be able to insert the letters ment program to focus it more on get- year of unemployment benefits with that we get saying please don’t come ting people the training and education critical reforms, and a 2-year extension home unless you give us a tax break? they need to get back to work, not just of reimbursements for Medicare doc- I’m asking, maybe, the Parliamen- handing out checks. The Senate did tors. tarian whether or not I would be in not. I urge my Democrat colleagues to order if I asked that. The House protected seniors’ health name conference committee members I certainly think the chairman is in care for the next 2 years by ensuring to resolve the differences between the order, but then we all have received so doctors in the Medicare program don’t two bills. Conference committees are a many letters from our constituents, have their reimbursements cut by more Jeffersonian concept, and we would be it’s painful, and I just wanted some than 27 percent. The Senate did this for wise to follow the model laid out by equality in terms of how the RECORD only 2 months. our Founding Fathers. If the Senate would look years from now as to how The House provided a 1-year exten- agrees to work together, we will help we treated those people who are the sion of the payroll tax holiday, ensur- get the American people back to work most vulnerable. And I know we all are ing a worker earning $50,000 next year and get those struggling in this econ- concerned about that, even though the has $1,000 more in their pocket. The omy the help they need. 2 months may be inconvenient for the Senate did this for only 2 months, ASSOCIATED BUILDERS electronic way they do these things, meaning that same worker would have AND CONTRACTORS, INC., but I think the pain will be far more less than $200 in their pocket, or $800 Arlington, VA, December 19, 2011. severe for those people who would have less in take-home pay than under the Hon. JOHN BOEHNER, a tax increase. Speaker, U.S. House of Representatives, Wash- House-passed bill. Mr. CAMP. Regular order, Mr. Speak- ington, DC. The House included a pay freeze for er. Hon. HARRY REID, Members of Congress and civilian Fed- Majority Leader, U.S. Senate, Washington, DC. b 1120 eral workers. The Senate did not. DEAR LEADERS: On behalf of Associated The SPEAKER pro tempore (Mr. The House put an end to welfare ben- Builders and Contractors (ABC), a national YODER). Regular order has been de- efits being accessed at ATMs located in association with 75 chapters representing manded. casinos, liquor stores, and strip clubs. more than 23,000 merit shop construction and Does the gentleman from New York The Senate did not. construction-related firms with nearly two object to the request? The House protected Social Security million employees, I am writing to express by reducing overpayments. The Senate our opposition to H.R. 3630 as amended by Mr. RANGEL. I said I reserved it. the Senate last week. Maybe I didn’t make it clear what my did not. Whether Congress ultimately chooses to position was. I was reserving the right The House included a provision that extend these various provisions, the proposed to object. saves taxpayers $9 billion by cracking two month stop-gap measure merely serves The SPEAKER pro tempore. Regular down on fraud and abuse that is known to delay the inevitable tough decisions, order has been demanded. Unless the to exist in a refundable tax credit pro- compounding the climate of uncertainty unanimous-consent request is with- gram. The Senate did not. that continues to impact small businesses. drawn, the gentleman from New York The House provided for economic This sort of temporary fix underscores Con- must either object or withdraw his res- growth and job creation in the high- gress’ uneven, ad hoc approach toward the ervation. tech industry through spectrum auc- economy and causes more harm than good Mr. RANGEL. Well, with all respect for America’s job creators. tions. The Senate did not. Moreover, a two month extension of the to my chairman, I withdraw my res- The House cut taxes to promote busi- payroll tax holiday creates an untenable ad- ervation. ness investment and hiring. The Senate ministrative burden for employers in the The SPEAKER pro tempore. The gen- did not. construction industry and beyond. In a letter tleman from New York withdraws his Mr. Speaker, while it may sound like sent today to leaders of the tax writing com- reservation of objection. there are great differences between the mittees, the National Payroll Reporting

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Consortium warned of ‘‘substantial prob- sion-making to revive it, why would you de- SMALL BUSINESS & lems, confusion and costs’’ associated with liver just the opposite in H.R. 3630? Please ENTREPRENEURSHIP COUNCIL, the extension’s implementation. oppose the two-month payroll tax holiday. Oakton, VA, Dec. 19, 2011. America’s small businesses should not be Give employers and employees the certainty Hon. JOHN BOEHNER, punished for Congress’ inability to do its job. they need to make sound personal and busi- Speaker, United States House of Representa- Instead of passing the buck for another two ness decisions for the entire year. tives, Washington, DC. months, the House and Senate must work to- Sincerely, Hon. HARRY REID, gether to determine their policies for the full JEFFREY D. SHOAF, Majority Leader, U.S. Senate, Washington, DC. year and provide some semblance of cer- Senior Executive Director Government Affairs. DEAR SPEAKER BOEHNER AND MAJORITY tainty for the companies driving our econ- LEADER REID: politically expedient solutions omy. NATIONAL FEDERATION OF that address legislative emergencies often Sincerely, INDEPENDENT BUSINESS, end up having unintended or costly con- GEOFFREY BURR, Washington, DC, Dec. 19, 2011. sequences. Such is the case with the pro- posed two-month extension of the reduced Vice President, Federal Affairs. NFIB EXPRESSES SIGNIFICANT CONCERN ABOUT payroll tax rate and its potential impact on PAYROLL TAX IMPACT ON SMALL BUSINESS THE ASSOCIATED GENERAL America’s small employers and the economy ‘‘The two month payroll tax holiday would at large. CONTRACTORS OF AMERICA, present a number of complications and costs Arlington, VA, December 19, 2011. On behalf of the Small Business & Entre- that would disproportionately affect small preneurship Council (SBE Council) and its Re Oppose the two-month payroll tax holi- businesses,’’ said Brad Close, NFIB Vice day provision in H.R. 3630 100,000 members, we urge the House and Sen- President for Public Policy. ‘‘Programming ate to agree on a full year extension of the Hon. DAVE CAMP, and software to support the new taxable payroll tax reduction. While SBE Council be- House of Representatives, wage limit may not be available for small lieves that the payroll tax cut itself is doing Washington, DC. businesses at the beginning of the year and very little to stimulate the economy and DEAR REPRESENTATIVE CAMP: Please op- could present challenges for payroll proc- supports solutions that permanently reform pose the two-month payroll tax holiday pro- essors. In addition, many small employers do the tax system through lower rates on entre- vision in H.R. 3630. This legislation will ex- payroll processing in-house by hand, and this preneurs and investment, we need to tend the payroll tax holiday in the most would require them to spend time to make proactively protect our members against po- complex way possible, at the busiest time these changes. Employers that do not have tentially higher payroll costs and the uncer- possible, provide little benefit to taxpayers correct withholding calculations would need tainty that the two-month extension would and unfairly hit the small member compa- to figure out how much more to collect from generate. nies of the Associated General Contractors of employees and amend employment tax re- In a letter to the House Ways and Means America (AGC) the hardest. This legislation turns later in the year, which may also in- and Senate Finance Committees, the Na- will add more uncertainty, more confusion crease their chances for an audit.’’ tional Payroll Reporting Consortium wrote (for employers and employees), more com- The cost of tax compliance falls heavily on that ‘‘insufficient lead time’’ to implement plexity (especially for small employers) and small business. On average, small businesses changes mandated by H.R. 3630 ‘‘could create provide a maximum tax reduction of only spend more than $74 per hour on meeting substantial problems, confusion and costs af- $367. Any economic benefit derived from the their compliance obligations, which rep- fecting a significant percentage of U.S. em- law would likely be eaten up by the ineffi- resents the most expensive paperwork bur- ployers and employees.’’ SBE Council agrees ciency and confusion surrounding the bill’s den that the federal government imposes on with this assessment. Unfortunately, small implementation. small business owners.’’ businesses would bear the costs of the uncer- There are more than five million people tainties and complex changes that face pay- employed in the construction industry. NATIONAL ROOFING roll processors given a two-month extension. Members of the AGC tend to be small busi- CONTRACTORS ASSOCIATION Small businesses that don’t use payroll com- nesses. Many of them prepare their own pay- Washington, DC, Dec. 19, 2011. panies also face complexity and a significant roll using programs that will need to be Hon. JOHN BOEHNER, cost burden. modified by the software vendors and then Speaker, U.S. House of Representatives, Wash- The confusion that the two-month exten- updated software must be installed on the ington, DC. sion would impose on employers or their contractors systems to ensure proper with- Hon. HARRY REID, payroll providers will inevitably divert re- holding is taken. If they are lucky enough to Majority Leader, U.S. Senate, Washington, DC. sources away from productive activities. In- have a payroll company that handles their DEAR SPEAKER BOEHNER AND LEADER REID: deed, the uncertainty regarding what hap- payroll processing, then the payroll compa- The National Roofing Contractors Associa- pens next following the two-month expira- nies will have to modify their programs to tion (NRCA) strongly urges the House and tion date will serve as additional fuel to cur- account for the new changes. Construction Senate to work together to enact a full one- rently low business confidence levels. companies and payroll companies are not year extension of the payroll tax rate reduc- Already, small business owners are frus- idle this time of year. They are doing year- tion, like that originally passed by the trated by one and two-year extensions of end financials and producing the W–2 forms House on December 13, 2011 (H.R. 3630). The various tax measures. Individual Americans that construction employees rely on to file much-needed reforms and short-term tax re- and entrepreneurs need to plan, and they are their tax returns. If companies are not lucky lief provided in that legislation is important tired of these short-term fixes. The two- enough, big enough or profitable enough to to employees and employers during these month extension is unacceptable. SBE Coun- have a payroll company, they will be forced tough economic times. cil urges the House and Senate to enact a so- to manually modify payroll for all employ- As was asserted in the letter sent today to lution that will allow businesses and individ- ees, check their work and remit the appro- the House Ways and Means and Senate Fi- uals to properly plan. priate amount to the IRS, which can impose nance Committees by the National Payroll Sincerely, hefty penalties for errors in withholding. Reporting Consortium (NPRC), NRCA is con- KAREN KERRIGAN, Again, this is during the holidays, while fi- cerned that the proposed two-month exten- President & CEO. nalizing their financials and preparing W–2s sion would cause ‘‘substantial problems, con- for their employees. fusion and costs’’ for employers. As the NATIONAL PAYROLL The IRS will have to issue guidance on this NPRC states, many payroll systems would REPORTING CONSORTIUM, change. That guidance will lead to delays in simply not be able to make the programming Henrietta, NY, Dec. 19, 2011. implementing the law and could add addi- changes that the proposed two-month exten- Re. H.R. 3630 Payroll Tax Relief Proposals tional complexity above and beyond what is sion would require. This would impose an Representative DAVE CAMP, in the statute. The taxable wage limit of undue burden on employers in the form of Chairman, Committee on Ways and Means, $18,350 and a two-month payroll tax holiday logistical difficulties and costs. United States House of Representatives, appears needlessly arbitrary. It will com- Rather than enacting a two-month exten- Longworth House Office Building, Wash- plicate coordination of the IRS Form 941 sion, NRCA urges Congress to instead follow ington, DC. that employers have to file quarterly and the traditional and appropriate procedures Senator MAX BAUCUS, will likely require that it be redesigned in and allow the House and Senate to enact Chairman, Senate Finance Committee, Dirksen the first quarter of the year. policies that will last the full year so that Senate Office Building, Washington, DC. Congress had a full year to reach agree- businesses have predictable, certain policies Representative SANDER LEVIN, ment on whether to extend the payroll tax with which to deal. Ranking Member, Committee on Ways and holiday. Congress seems to be ready to ex- NRCA commends you for your leadership Means, United States House of Representa- tend the holiday for a full year. The two- and continued efforts on this important tives, Longworth House Office Building, month extension is an arbitrary and com- issue. Thank you for your consideration. Washington, DC. plicated, half-baked, solution to the problem Sincerely, DEAR CHAIRMAN CAMP, CHAIRMAN BAUCUS, of Congress not getting its act together in a KENT TOLLEY, RANKING MEMBER LEVIN AND RANKING MEM- timely fashion. If everyone agrees that the Quality Tile Roofing, Inc., BER HATCH: we are writing to express con- economy needs rational and decisive deci- President, NRCA. cerns regarding Section 101 of H.R. 3630,

VerDate Mar 15 2010 04:42 Dec 21, 2011 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A20DE7.054 H20DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H9966 CONGRESSIONAL RECORD — HOUSE December 20, 2011 which would establish a new Social Security trying to meet year-end compliance man- curity taxes than had they simply received Taxable Wage limit of $18,350, to which a re- dates and reconciliation, there simply is in- the same income over a six month period, or duced 4.2% rate would apply through Feb- sufficient time to implement this major later in the year. ruary 29, 2012. Wages over $18,350 paid during change in withholding requirements. It If the OASDI rate of 4.2% is ultimately ex- the first two months of 2012 would be subject would also be necessary to await IRS regu- tended through 2012, those who are paid over to a 6.2% Social Security tax rate. latory guidance for further details con- $18,350 prior to March will have paid at the The National Payroll Reporting Consor- cerning the change. higher rate due to the timing of their com- tium (NPRC) is a non-profit trade associa- If the 4.2% rate is later extended for the pensation, whereas someone who earns the tion whose member organizations provide full year, the $18,350 taxable limit for the same amount for 2012 but receives less than payroll processing and related services, in- first two months would be unnecessary. How- $18,350 in the first two months of the year cluding electronic payment and filing of em- ever, even if subsequent legislation extends would pay at the 4.2% rate through 2012. ployment taxes, and related information re- the 4.2% rate for the full year, employers TIMING OF COMPENSATION turns, to over 1.5 million employers nation- would still have to make costly program- The limitation creates new incentives for wide, covering over one-third of the private ming changes to accommodate the 6.2% tax employers and employees to shift compensa- sector work force. Payroll service providers rate on wages in excess of $18,350 paid prior tion earlier or later in the year (depending serve an important role in our nation’s tax to March. on their guess as to whether the 4.2% OASDI collection system as a conduit between em- RECOMMENDATIONS rate may be extended for the full year). ployers and government authorities, improv- 1. We recommend that Congress omit Sec- Some taxpayers receive significant bonuses, ing the efficiency of tax collection through tion 101 from H.R. 3630 and not prospectively commissions or other lump-sum compensa- electronic filing and improving compliance. extend the reduced tax rate for the first two tion in January. Some employers and/or em- As mentioned in our correspondence to the months of 2012. Instead, we would suggest ployees may have discretion over when such tax-writing committees in July, the NPRC is that the Congress enact the reduced tax rate compensation is paid (e.g., exercise of stock strictly neutral on virtually all policy mat- at a later date, but make the change retro- options). ters, such as whether a reduced Social Secu- active to January 1. For example, a 4.2% em- If employers and/or taxpayers believe that rity tax rate is necessary or desirable. The ployee Social Security tax rate enacted on a reduced OASDI rate of 4.2% will ultimately organization serves largely to advise policy- February 15, 2012 should still be retro- be extended, they may defer wages over makers as to the administrative implica- actively effective on January 1, 2012. Vir- $18,350 until after February. If the IRS tions of proposals affecting payroll and pay- tually all payroll systems are built to self- sought to challenge such a result, they roll tax administration. correct Social Security taxes, so employers would need to ask the employer for details as NPRC would automatically accommodate a late to the timing of wages paid. Accordingly, NPRC advises policymakers but retroactive change, automatically re- EMPLOYER IMPACT that we believe there is insufficient lead funding to each employee any over-with- To accommodate a new Social Security time to accommodate the proposal embodied holding from early 2012 payrolls. The same Taxable Wage limit of $18,350, to which a re- in H.R. 3630. In our opinion enactment of tax rate and taxable wage limit should apply duced 4.2% rate would apply through Feb- H.R. 3630 as written could create substantial for the full calendar year. ruary 29, 2012, payroll systems would need to If this is not feasible, we recommend that problems, confusion and costs affecting a sig- be modified to calculate, withhold and store the Social Security Taxable Wage limit of nificant percentage of U.S. employers and separately: employees. $18,350 be removed from H.R. 3630. If the re- Social Security Wages paid through Feb- The difficulty is in establishing a new So- duced tax rate is later extended through 2012, ruary 29 up to $18,350 cial Security Taxable Wage limit of $18,350 this would likely avoid the substantial re- Social Security Wages paid through Feb- for the two-month extension period. More programming of payroll systems that would ruary 29 over $18,350 but less than $110,100 than ten percent of the workforce is likely to otherwise be necessary. If the reduced tax Social Security Wages paid after February meet that limit, and would be subject to the rate is not subsequently extended, the pro- 29 up to $110,100 higher 6.2% tax rate for earnings over that posed taxable wage limit of $18,350 could be Social Security tax on wages paid through amount. However, many payroll systems are established in later legislation. This would February 29 up to $18,350 (× 4.2%) not likely to be able to make such a substan- require a recalculation and collection of ad- Social Security, tax on wages paid through tial programming change before January or ditional tax later in the year, but given the February 29 over $18,350 but less than $110,100 even February. The systems affected tend to lack of time permitted for reprogramming (× 6.2%) be highly complex, normally requiring at systems, most employers will already need Social Security tax on wages paid after least ninety days for a change of this mag- to collect any additional tax through adjust- February 29 up to $110,100 (× TBD%) ments later in the year. nitude for software testing alone; not to ISSUES mention analysis, design, coding and imple- If neither of the options is feasible, it The separate reporting implied would re- mentation. would mitigate the difficulty moderately to quire businesses to expand payroll databases As we commented to the Treasury Depart- apply the reduced rate to the entire calendar and modify programs with insufficient lead ment concerning the Tax Relief, Unemploy- quarter; i.e., through March 31. We recognize time. January 2012 payrolls are already being ment Insurance Reauthorization, and Job that this would represent a substantial processed in late December. It is likely that Creation Act of 2010 (P.L. 111–312), which was change, and its impact in facilitating pro- many software developers, service providers enacted December 17, 2010 and effective on gramming would be relatively minor. and employers would not be able to modify January 1, 2011, payroll service providers are A more detailed explanation of the difficul- payroll software in time for January or Feb- probably the best equipped of those affected ties inherent in the current Section 101 is at- ruary payrolls. This could lead to difficult to handle last-minute tax law changes. How- tached. Please contact me if you have any situations later in the year as employers ever, programming to support the new tax- questions or if we can be of service. We ap- sort out what should have been collected, able wage limit might not be available to preciate this opportunity to advise congres- and in some cases collect additional taxes, employers that do not use a payroll service sional policymakers as to the impact of H.R. and determine how to amend employment provider until well after the effective date. 3630. tax returns. Affected employees could be confused by Sincerely, Employers might not be able to collect ad- payroll adjustments seeking to collect addi- PETE ISBERG, ditional taxes from workers who have subse- tional taxes late in the year for wages paid President quently changed jobs, and could also be sub- in January or February. National Payroll Reporting Consortium, Inc. ject to substantial IRS underpayment pen- Given a two month extension, policy- alties if they are unable to calculate, with- makers may feel they have no alternative TAXPAYER IMPACT hold and pay the higher OASDI amounts in than to establish a new Social Security Tax- As a ballpark number, according to IRS January and February. able Wage limit of $18,350; i.e., to do other- Statistics of Income, over 18 million returns wise may invite criticism because highly were filed for Tax Year 2008 with more than IMPACT TO THE INTERNAL REVENUE SERVICE compensated employees could meet their en- $100,000 in Adjusted Gross Income, or about AND THE SOCIAL SECURITY ADMINISTRATION tire 2012 Social Security obligation at the re- 13 percent of all returns. Individuals earning The IRS may not be able to quickly duced 4.2% tax rate, whereas others would over $110,100 annually are likely to be af- produce guidance necessary to enable appro- (assuming the reduced rate is not further ex- fected by the 6.2% Social Security rate for priate design of such systems. Businesses tended by subsequent legislation) enjoy the January and February. and software developers may have to guess 4.2% rate only in the first two months. Taxpayers who are paid more than $18,350 as to what the IRS may require in terms of PRC understands Congress’ concern that in the first two months of the year could be recordkeeping and reporting. It would be highly compensated employees not enjoy the confused or upset by application of the high- very costly if developers made assumptions full benefit of the 2% tax break because of er tax rate. For example, an individual who as to what reporting the IRS might require, bonuses or other high compensation falling is laid off in January may receive a lump- and the IRS announced something different. into the first two months of the year. Never- sum severance payout of $50,000, which may The IRS would likely need to change Forms theless with the first of January now only be the bulk of their income in 2012. Neverthe- 941 and W–2 to require separate reporting of two weeks away and payroll departments less, they would pay $633 more in Social Se- the same information:

VerDate Mar 15 2010 04:42 Dec 21, 2011 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A20DE7.056 H20DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 20, 2011 CONGRESSIONAL RECORD — HOUSE H9967 Social Security Wages paid through Feb- licans’ plan to scuttle’’—that’s the cor- families by passing the overwhelm- ruary 29 up to $18,350 rect word—‘‘the deal to help middle ingly bipartisan compromise that Re- Social Security Wages paid through Feb- class families is irresponsible and publicans negotiated and was approved ruary 29 over $18,350 but less than $110,100 Social Security Wages paid after February wrong. The refusal to compromise now by 90 percent of the Senate.’’ 29 up to $110,100 threatens to increase taxes on hard- You are snubbing a bipartisan com- Social Security tax on wages paid through working Americans and stop unem- promise. You are jeopardizing the lives February 29 up to $18,350 (× 4.2%) ployment benefits for those out of of millions of taxpayers, millions of Social Security tax on wages paid through work. We cannot allow rigid partisan the unemployed, and millions of sen- February 29 over $18,350 but less than $110,100 ideology and unwillingness to com- iors. To keep harmony within your (× 6.2%) promise stand in the way of working ranks, you are creating the possibility Social Security tax on wages paid after together for the good of the American of immense discord within the United February 29 up to $110,100 (× TBD%) people.’’ States of America. We’re not going to ISSUES And a third Republican Senator, Sen- let you do it. The IRS may not be able to change Form ator HELLER, a former colleague here I reserve the balance of my time. 941 for the quarter ended March 31 in time. If of Nevada: ‘‘There’s no reason to hold Mr. CAMP. Mr. Speaker, I yield 2 this occurs, businesses may need to amend minutes to the distinguished chairman their returns, or the IRS may need to modify up the short-term extension while a subsequent tax forms to permit adjustments, more comprehensive deal is worked of the Health Subcommittee, the gen- further complicating tax forms and rec- out.’’ tleman from California (Mr. HERGER). onciliation systems. And I want to quote a statement Mr. HERGER. Mr. Speaker, tax- There is also insufficient space on Form from Treasury about the notion that payers, small businesses, and health W–2 for such information. Consequently, the 2-month extension cannot be imple- care providers need certainty and pre- Form W–2 would need to be significantly ex- mented: dictability to plan for the future. Un- panded, complicating the 2012 tax season (in ‘‘While any short-term extension is fortunately, the bill that’s come back 2013) for taxpayers and tax preparers. bound to create some administrative to us from the other Chamber makes I reserve the balance of my time. complexities, it is feasible to imple- our usual habit of only 1-year long ex- Mr. LEVIN. Mr. Speaker, I yield my- ment the bipartisan Senate bill’’—this tensions look responsible by compari- self such time as I may consume. is Treasury that is in charge of imple- son. (Mr. LEVIN asked and was given per- mentation of this—‘‘and the Treasury The Senate bill extends a number of mission to revise and extend his re- Department will work with employers key policies, including the patch pre- marks.) to ensure the smoothest possible imple- venting a steep cut to doctors’ Medi- Mr. LEVIN. Let me put this very mentation. In the current economic care payments, for just 2 months. simply: this is a dishonest procedure. situation, any such complications will Mr. Speaker, we’ve been down this This is a ruse to avoid a straight up-or- be outweighed by the economic bene- road before. Last year, under the pre- down vote on the Senate bill and the 2- fits of ensuring that taxes do not go up vious majority, Congress passed five month extension. on 160 million Americans starting on separate extensions of Medicare physi- Why not hold a straight vote, as in- January 1.’’ cian payments, mostly for just a deed called for under regular order? I would like to place the entire state- month or two. Several times these That’s the regular order. Because the ment in the RECORD. patches missed the deadline, meaning Republican majority is afraid of a Statement from Jenni LeCompte, Assist- payment cuts took effect and then had straight vote. They’re afraid some Re- ant Secretary for Public Affairs, United to be reversed. publicans would vote ‘‘yes,’’ and the States Treasury Department: ‘‘Everyone The failure to responsibly address the Senate bill would pass and the Presi- agrees that a full-year extension of the pay- SGR created an unprecedented amount dent would sign it, and it would be- roll tax cut would have been preferable, of chaos and confusion, both for doc- which is why the Administration has long come law today. And they don’t want tors and the Medicare agency. House other Republicans on record voting advocated an extension for the entirety of 2012. Unfortunately, in the waning days of Republicans have been determined not against a payroll tax cut. That is the this session of Congress, Members were un- to let this happen again. That’s why we epitome of a ruse. able to reach agreement on the details of a passed a fully paid-for 2-year fix. Thirty-nine Republican Senators—39, year-long extension that could generate The American people are tired of all but a handful—voted for the bill be- strong bipartisan support. The best they Congress wasting time on political fore us. But what has happened since could do was the two-month extension stunts and waiting till the last minute Saturday’s bipartisan Senate bill that passed by a vote of 89–10 in the Senate on to cobble together half measures. Saturday. Speaker BOEHNER said was a good deal? Mr. Speaker, we still have 2 weeks ‘‘While any short-term extension is bound Well, the sailors staged a mutiny and to create some administative complications, before the end of the year to get this the captain decided to surrender. He it is feasible to implement the bipartisan right, and there’s no reason to think decided to join the mutiny to keep the Senate bill, and the Treasury Department we’ll do better in 2 months. I urge my ship from coming to port. But the prob- will work with employers to ensure the colleagues to support the motion to go lem is that on board are millions of smoothest possible implementation. In the to conference so we can get a respon- passengers waiting to dock. current economic situation, any such com- sible solution. This chart shows the number of pas- plications will be outweighed by the eco- Mr. LEVIN. I yield 2 minutes to a sengers: 160 million Americans would nomic benefits of ensuring that taxes do not very senior member of our committee, go up on 160 million Americans starting on see their taxes increased; 2.3 million January 1st.’’ the very distinguished gentleman from Americans on board looking for work New York (Mr. RANGEL). would lose their critical unemploy- b 1130 (Mr. RANGEL asked and was given ment benefits; and 48 million seniors— I want to close with what HARRY permission to revise and extend his re- Americans on Medicare—will have ac- REID said. Take it seriously. This is on marks.) cess to their doctors they know and what 39 Republicans and 50 Democrats Mr. RANGEL. I am amazed at the they trust jeopardized. voted for, the bill you will not let us ability of the majority to change its So I want it clear for these people, all vote on: position so fast. Sometimes I wish of these people: the Republican vote ‘‘I have always sought a yearlong ex- Democrats had the ability to do this. It today is a vote to nowhere. DICK LUGAR tension. I’ve been trying to forge one wasn’t too long ago that there was ob- said that. I’m hopeful that there are a for weeks.’’ He could have said for jection for the taxpayers holiday be- majority of Republicans and Demo- months. ‘‘And I’m happy to continue cause of the impact on Social Security. crats today who will proceed because it negotiating one once we have made Then there was objection to the unem- seems to me it is the best for the coun- sure middle class families will not ployment insurance because people on try, as well as for all the individuals wake up to a tax increase on January 1. the other side said that people who are affected. So, before we reopen negotiations on a wouldn’t go look for a job, that they Another Republican Senator from yearlong extension, the House of Rep- would just stay home and watch tele- Massachusetts: ‘‘The House Repub- resentatives must protect middle class vision and receive the check. And of

VerDate Mar 15 2010 03:18 Dec 21, 2011 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\A20DE7.058 H20DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H9968 CONGRESSIONAL RECORD — HOUSE December 20, 2011 course, no one can deny that the doc- (Mr. MCDERMOTT asked and was a 2-month patch is irresponsible. tors that give care to 48 million people given permission to revise and extend That’s why the House is taking a deserve compensation for what they do. his remarks.) stand. We believe all Americans de- But, being here as long as I have, I Mr. MCDERMOTT. Mr. Speaker, a fa- serve certainty. We want a year-long can see how, in the majority, a handful mous speech started, ‘‘We will little extension of the payroll tax cut which of people will try to prove to their con- note or long remember what we say will prevent a tax increase on every stituents that they’re not marching in here today.’’ But the Bible says, ‘‘By American with a job. line with regular order; that they your deeds ye shall know them.’’ Luckily, Mr. Speaker, everyone didn’t come down here just to go along Now, the Republicans have said that claims to agree. In fact, the President with the Senate or their leadership. it’s Christmastime. Kids are hanging himself said it would be inexcusable And it’s kind of rough to be a part of a their socks all over the world. And not to extend the payroll tax cut for a party that is so widely split. they’re all getting up and hoping there year. The leader of the Senate says I had only hoped that they could will be something in that sock on that we should be working on extend- come up with a better excuse than the Christmas Day. And the Republicans ing the payroll tax for a year, but only fact that 2 months is not enough time have something to put in it. They have after the new year. to prevent an increase in the taxes of a lump of coal. Mr. Speaker, a great Virginian once said, ‘‘Never put off to tomorrow what so many, 160 million people. And I They’re going to say to 160 million know that everyone in this Chamber you can do today.’’ That man was people, we’re going to boost your taxes. knows that if the American people that Thomas Jefferson. Here’s your Christmas gift, right? will suffer such a painful, insensitive Let us dedicate ourselves to that They’re going to say to 2.5 million act were to be asked, would you want spirit. People across our great country unemployed people, no unemployment it for 2 months, and then have the Con- are tired of hearing why Washington gress to extend it? Would you take benefits because it’s only for 2 months cannot do things. They’re seeing day in that? Or would you want it to be for 1 and we can’t—there’s every excuse in and day out that Washington is not year and the possibility of getting ab- the book you can give, but when they working together, but we have the abil- solutely nothing? get up on Christmas there’s going to be ity to give them some hope. Let’s show That is such a fearful, such a cruel coal in their socks. the American people that there’s a rea- thing to do, to gamble with other peo- The working poor of this country are son to believe that we can work to- ple’s ability to be able to enjoy this counting on that tax break. They’ve gether and deliver results. holiday season as best they can. And gone out and bought gifts for their Truth is, we’re not far apart on this so, I don’t think that there will be any kids, and they think they’re going to issue. The negotiators got extremely winners in what’s going on today. But pay for them because they have this close. We owe some stability and good I hope that the regular Republicans tax reduction. And you’re taking it tax policy to the hardworking people of would be able to see their way clear. away from them after they’ve spent this country, not more gimmicks and I thank the gentleman for yielding. the money on the Christmas gifts. political games. Mr. CAMP. Mr. Speaker, I yield 1 That’s your lump of coal to the middle Today, this House will vote to go to minute to the distinguished gentleman class. conference and work these differences from Florida (Mr. WEST). Now, for the seniors, the lump of coal out in regular order. We need to come Mr. WEST. Thank you, Mr. Chair- is, we’re not going to pay the doctors. together in a responsible manner to man. We’re going to cut the doctors by 25 find common ground where we can ac- You know, last week we voted to percent. And doctors are going to say, complish everyone’s goal of a year-long have a 1-year extension of a payroll tax I’m going to limit the number of sen- payroll tax extension. holiday. Last week we voted to have a iors. Mr. Speaker, there is no reason why 1-year extension of unemployment in- Remember the lump of coal in No- the House, the Senate, and the Presi- surance with reforms. Last week we vember of 2012, folks. They gave it to dent cannot spend the next 2 weeks voted to have a 2-year extension of the you. working to get that done. America will Sustained Growth Rate for Medicare be waiting. recipients and the doctors that provide b 1140 Mr. LEVIN. I yield 2 minutes to an- that care. Mr. CAMP. Mr. Speaker, I yield 1 other distinguished member of our Last week we voted for certainty, minute to the distinguished majority committee, the gentleman from the and we voted to restore confidence. We leader, the gentleman from Virginia great State of Massachusetts (Mr. voted for a measure that was paid for, (Mr. CANTOR). NEAL). that will have no detriment or negative Mr. CANTOR. I thank the gentleman Mr. NEAL. Mr. Speaker, we would be outcomes to Social Security. Last from Michigan. very happy in this institution if just week we voted for job-creating policies Mr. Speaker, tonight’s the first night the Speaker of the House and the ma- and a bill that had 10 to 12 Obama-ap- of Chanukah and Christmas is fast ap- jority leader could work together. proved provisions. proaching for families across America. There was a deal over the weekend. We are not afraid to vote. And if you The Speaker of the House accepted the And what do families see coming out don’t want to accept this measure, Senate’s version of that agreement of Washington? Dysfunction and half of then continue to vote ‘‘no,’’ just the only to discover in a conference call Congress unwilling to do its job. Mr. same as our colleagues from across the that he had to back down. The chair- Speaker, we were elected to work for aisle last week voted ‘‘no.’’ They voted man of the Ways and Mean Committee, ‘‘no’’ against what President Obama the best interests of the American peo- my friend, he doesn’t believe what wanted; they voted ‘‘no’’ against what ple. In this tough economy, middle they’re doing here for one moment. class Americans and working families Senator HARRY REID said he wanted; They’re courting disaster. they voted ‘‘no’’ against what Senator need to know that their taxes won’t be This is the season of Advent and CHUCK SCHUMER said he wanted. going up at any point next year. Christmas for Christians. Chanukah be- The Senate sent us back a 2-month So far the House has passed a bipar- gins today. It is the quest for light in extension which is irresponsible and tisan year-long plan to ensure that our lives, to enlighten the American cannot be implemented, and it reflects taxes do not go up. The Senate, on the people as to what is taking place here abject incompetence. other hand, has passed a 2-month plan. today; 160 million Americans are going I urge all of my House colleagues to According to experts, the 2-month plan to lose this tax cut. Organized labor vote ‘‘yes’’ on this motion to disagree is simply unworkable. Families, em- and management, they do this all the with the irresponsible Senate amend- ployers, and workers can’t live their time. You have a cooling-off period. ment and move to conference. Or do we lives month-to-month. Washington You get to a more benign time, and just want to continue to see the Amer- needs to stop adding confusion and you negotiate in good faith. ican people suffer? more uncertainty to people’s lives. You’ve seen what’s happened here. A Mr. LEVIN. I yield a minute and a I think we can all agree that the 2- radical element has seized the Repub- half to the distinguished gentleman month concept doesn’t make a whole lican Party. The Senator from Massa- from Washington (Mr. MCDERMOTT). lot of sense. Mr. Speaker, bottom line, chusetts, Senator BROWN, is on the

VerDate Mar 15 2010 03:18 Dec 21, 2011 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K20DE7.034 H20DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 20, 2011 CONGRESSIONAL RECORD — HOUSE H9969 front page of the Boston Globe today guished member of our committee, Mr. to work over the holidays. Why criticizing his own party. DEAN HELLER LEWIS. shouldn’t we be willing to do this? criticizing his own party. RICHARD Mr. LEWIS of Georgia. Mr. Speaker, Mr. Speaker, I guess it’s just curious LUGAR criticizing his own party. I want to thank my friend and my col- how many people seem to be unaware We’re arguing today about unemploy- league, Mr. LEVIN, for yielding. that there is this thing called a ‘‘con- ment benefits in this season for mem- If we go home without passing the bi- ference committee.’’ Since the dawn of bers of the American family who are partisan Senate bill, we disgrace our- the Republic, these are how differences going to lose those benefits. We’re ar- selves and this Congress. We are out of are settled between the House and the guing about a tax cut for middle-in- time. We cannot go into this holiday Senate. If you don’t remember your come Americans today, 160 million season without helping our unem- Civics 101, and maybe if you have small strong; for doctors who care for the ployed brothers and sisters. We cannot children like I do, you can go back and most vulnerable amongst us, the Medi- keep our seniors from seeing their doc- watch the Schoolhouse Rock video. It’s care patients over their reimbursement tors. We cannot allow taxes to go up very clear. All we’re asking is that the rates. for millions of Americans. Democrats appoint conferees and nego- When you consider what Republicans What is happening here today is tiate in good faith—except the Senate did during the Bush years with those shameful, it is a disgrace, it is unreal, Democrat leader said he wouldn’t do it, tax cuts for wealthy people, they never it is unbelievable. We can do better. and the House Democrat leader said flinched for one moment. The rich were If we fail today, how will you face she wouldn’t do it. rich, and they weren’t going to take it your neighbor, your family, who are So it kind of begs the question, Mr. anymore. And they were going to rein- suffering? Where is your compassion? Speaker: Do they want to make laws force that idea—cut taxes 10 times in 10 Where is your heart? Where is your that benefit the American people in a years for the wealthiest among us. We soul? I, sir, vote ‘‘no’’ on this motion time of need, or do they want to per- should be voting on what the Senate and pass the Senate bipartisan bill. petuate a campaign issue that maybe did. No chicanery. they believe helps their campaigns? b 1150 Put that motion in front of us today, That’s really the question. and let’s have an up-or-down vote and Mr. CAMP. I yield 4 minutes to the Then last but not least, we ought to then explain it to the American people. distinguished Conference chairman, pass laws that actually work around Mr. CAMP. Mr. Speaker, I yield 2 the gentleman from Texas (Mr. HEN- here. ABC News reported last night: minutes to the distinguished chairman SARLING). ‘‘Holiday Passed by Senate, Pushed by of the Trade Subcommittee, the gen- Mr. HENSARLING. I thank the gen- President, Cannot Be Implemented tleman from Texas (Mr. BRADY). tleman for yielding. Properly, Experts Say.’’ Mr. BRADY of Texas. Mr. President, Mr. Speaker, we all need to be re- Senate Democrat leaders, don’t vaca- Well, isn’t that interesting. minded of why we’re here in the first The National Payroll Reporting Con- tion until you finish your job. Families place. sortium that handles payroll for about and small businesses need tax relief for We’re here because the President’s a third of the private economy said a full year, not just for 2 months. economic policies have failed. They’ve The House, we’ve already done our that this ‘‘could create substantial failed this Nation. Ever since he was job. We’ve already passed a full 1-year problems, confusion and cost, affecting elected, unemployment has been at, extension of the payroll tax holiday. a significant percentage of U.S. em- near, or above 9 percent. And the peo- We’ve included unemployment reforms ployers and employees.’’ ple suffer. So that’s why I believe al- for those who are out of work, paying The Associated Builders and Contrac- most every Member of this body be- our local doctors fairly in Medicare for tors, the people who actually go out a full 2 years, unlocking the Keystone lieves that we must extend the payroll and build things in America, have said: pipeline, and cutting spending to com- tax holiday. ‘‘This sort of temporary fix under- pletely pay for it. That’s not the debate, Mr. Speaker. scores Congress’ uneven, ad hoc ap- We’ve done our job. What is most curious, though, is our proach toward the economy, and causes But the Democrat-led Senate short- President. Our President has said it more harm than good for America’s job changed the American public by rush- would be inexcusable for Congress not creators.’’ The leading building trade ing through a partial 2-month exten- to further extend this middle class tax association in the Nation said the Sen- sion and then hurrying home for their cut for the rest of the year. He didn’t ate’s 60-day plan will cause more harm Christmas vacations. That’s irrespon- say 60 days. He said the rest of the than good. sible. Families and small businesses year. The Democratic leader has said Mr. Speaker, House Republicans have need to be able to plan with confidence that she intends to fight to extend passed a good and reasonable bill. It’s for a full year, not just 2 measly these provisions for a full year. for 1 year. It does what the President months. So, Mr. Speaker, I guess I’m con- asks us to do. It does what the Amer- You said, Mr. President, just last fused. ican people ask us to do. It’s actually week, that the American people de- I hear my friends on the other side of paid for. It doesn’t increase the deficit, serve a 1-year bill. Our Democratic the aisle say they want to do this for a and it blocks tax increases. I don’t friends said a 1-year bill. The Demo- year. They say they want to do it for a know how my friends on the other side crats in the Senate said a 1-year bill. year, but they’re just not willing to of the aisle think we’re going to create Well, House Republicans are going to vote to do it for a year. That’s most cu- jobs with temporary tax increases with hold you to your word by moving for- rious, Mr. Speaker. I don’t think I un- permanent tax increases. It doesn’t ward today to a conference committee derstand it. That’s what the President happen. to work out the differences. We’re asked for. It’s what the American peo- Mr. LEVIN. It is now my privilege to going to work it out—not next year, ple deserve. They don’t want us to punt yield 2 minutes to another member of not when you get around to it, but the ball. They want us to do our job. So our committee, the distinguished gen- now. That’s the next step in the con- there is no point of contention on tleman from California, XAVIER stitutional process, and we House Re- whether or not this should be extended. BECERRA. publicans are willing to work through But the question is: Are we going to Mr. BECERRA. I thank the gen- the holidays to make sure we get the do it for a full year, or are we going to tleman for yielding. job done for the American public. punt the ball down the field and, once My friends, we’ve seen this movie be- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE again, disappoint the American people? fore. House Republicans, once again, The SPEAKER pro tempore. The Here is the next point of contention: are driving our government and our Chair will remind the Members that re- We stand ready to work over the economy to the edge of the cliff, and marks in debate must be addressed to holidays to get this done. That’s the this time they’ve placed 160 million the Chair and not to others in the sec- question. Are you willing to work over workers and 48 million seniors in the ond person. the holidays, or are you not willing to front seat of that car. Mr. LEVIN. I yield 1 minute to the work over the holidays? The American House Republican leaders are refus- gentleman from Georgia, a very distin- people, most of them, are going to have ing to allow 435 Members of this House

VerDate Mar 15 2010 03:18 Dec 21, 2011 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K20DE7.036 H20DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H9970 CONGRESSIONAL RECORD — HOUSE December 20, 2011 to vote on a bipartisan proposal that this payroll tax cut during this holiday Mr. PASCRELL. Good afternoon, Mr. was passed by 89 out of 100 Senators season. Speaker. next door. My Republican colleagues We’re going to pass a bill today that This is not a fraternity house. This is know that this bipartisan bill passed basically says we want to go to con- the House of Representatives. Yet what by the Senate would pass on this floor ference to resolve these differences, have we wrought? I heard someone, two and that it would save working Ameri- and the Senate has an obligation to the people say on this floor, quoting the cans from having their taxes increased American people to stand with us and President of the United States—they during the holidays. to follow its constitutional duty to go should apologize to him immediately— The truth is the Republicans are to conference in order to resolve these that the President was urging us to feuding amongst themselves. House Re- disputes, these differences, in a time- vote a 1-year plan. He wasn’t asking us publicans are fighting with Senate Re- honored way. to vote on your plan for a year. You publicans, and quite frankly, they’re Mr. Speaker, the Senate has an obli- know what he thinks about what you fighting with Republicans throughout gation to the American people. The proposed. And it didn’t even come up in this country, because a majority of Senate has an obligation to carry out the Senate. In fact, 39 Republicans— them supports the President’s payroll its duty to the American people. We that’s 82 percent of the entire delega- tax cut. can get this right. Let’s do it and be tion of a Republican Senate—and 89 Mr. Speaker, once again, the people— done with it, but let’s get it done and percent of the total Senate voted for Republicans and Democrats alike—are let’s get it done right. this compromise. way ahead of the politicians. They The SPEAKER pro tempore. The gen- I know you hate the word. ‘‘Com- want us to get our work done and get tleman from Michigan (Mr. CAMP) has promise’’ does not mean that you sur- it done now. Let’s stop showing the 101⁄2 minutes remaining. The gentleman render your values or your principles. American people B-rated movies on the from Michigan (Mr. LEVIN) has 151⁄2 Compromise is what was the basis of floor of the House, and let’s pass the minutes remaining. the Founding Fathers. That’s how we Senate bipartisan legislation. Mr. LEVIN. Mr. Speaker, I yield 2 got a Constitution. Nobody was happy Mr. CAMP. I yield 3 minutes to a dis- minutes to another distinguished mem- with that Constitution. They didn’t get tinguished member of the Ways and ber of our committee, the gentleman everything they wanted, and you’re not Means Committee, the gentleman from from Oregon (Mr. BLUMENAUER). going to get everything you want. So Louisiana, Dr. BOUSTANY. Mr. BLUMENAUER. I thank the gen- you’d better get it out of your head Mr. BOUSTANY. I thank Chairman tleman for yielding. right now. CAMP for yielding time to me. Some say that the House Republican The majority leader—wonderful cli- Mr. Speaker, before I came to Con- leadership pulled the plug on the Sen- ches—he forgets that only 2 years ago a gress, I was a practicing cardiovascular ate bipartisan bill because they were Republican Member of the House spon- surgeon with many years of experience, afraid of their Republican Tea Party sored a 2-month payroll tax holiday and it was not unusual to get called freshmen. and had 59 cosponsors. We have amne- out in the middle of the night or on a Perhaps. sia, selective amnesia. He changed his holiday to an emergency. Just like doc- But what is clear is that we’re not tune this Saturday. He was against the tors all over this country, we’re there being allowed by the Republican lead- idea of a short-term gimmick. This 24/7 to deal with problems. ership to vote on the Senate bill be- Saturday he said it’s a good deal. ‘‘It’s Now, I remember distinctly one cause the Republicans are afraid of a victory,’’ he said. He claimed victory. night—Christmas Eve, in fact. I was their moderates, of their independents, That reminds me of another victory I getting ready to sit down for dinner of their reasonable ‘‘unhardliners.’’ heard a couple of years ago. Once the with my family when I got called to see same Members of this party, in this b 1200 an 85-year-old Cajun gentleman, with a caucus rebelled, the Speaker reversed very large family, who had a ruptured The measure of this Congress is that his course. aneurysm, and he was in shock. I spent the House Republicans won’t act until Keeping the payroll tax cut in place the entire night operating on this man. they are forced to as a result of self-im- as we figure out a way to extend it for We saved his life, long story short. posed, crisis-inducing deadlines. Then the year reduces uncertainty among We have a duty, an obligation, to our if they can’t get their own way on an employers, workers, and families in my patients. By God, to put physicians in agenda that could never be passed district. And I ask that we reconsider a position of seeing a 27, 28 percent cut through regular order in both Cham- what we’re doing today. in reimbursement is just untenable. bers and signed by the President, they ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Why? It’s not because of the physi- throw a tantrum. And what we’re deal- The SPEAKER pro tempore. The cians. It’s because of patients who are ing with today: a legislative tantrum. Chair will remind the Members that re- going to lose access. Medicare bene- Now, I don’t like the 2-month exten- marks in debate must be addressed to ficiaries, seniors, those with disabil- sion. It has some difficulties and uncer- the Chair and not to others in the sec- ities will lose access to care during a tainties. But there would be far more ond person. situation in which we’re already seeing uncertainty and difficulty if there were Mr. CAMP. Mr. Speaker, I yield 2 eroding access. We have an obligation a 2-week gap or a 2-month gap where minutes to a distinguished member of to act because the consequences are 700,000 people in early January will lose the Ways and Means Committee, the not good with regard to all of these their unemployment benefits, 2 million gentlewoman from Kansas (Ms. JEN- provisions we’re trying to extend. in the next 2 months. If we simply KINS). This House passed a bill last week. It would follow regular order, allow a Ms. JENKINS. I thank the gentleman was a very responsible bill with good vote on the Senate amendment, we for yielding. reforms, and it gave a 2-year stability could build on this glimmer of biparti- Mr. Speaker, folks are mad out there. period for physicians and for those pa- sanship from the other body. Allow They’re mad because what Congress is tients who desperately need this care. your Members to vote. Who knows doing—or not doing, in many cases— And what did the Senate do? The Sen- where it could lead? We actually may makes absolutely no sense. ate capitulated. The Senate caved. The be able to solve some of these long- As a CPA, I’ll tell you that handling Senate basically just gave up with con- term problems. tax policy on a month-to-month basis tempt for the American people. Mr. CAMP. I would ask if the gen- isn’t just irresponsible; it’s downright That’s what it comes down to. tleman from Michigan would like to crazy. According to the nonpartisan They’re basically content with allow- yield again so that we can even up the National Payroll Reporting Consor- ing confusion and disruption and chaos time. tium, the cost of complying with the 2- and uncertainty for patients who de- Mr. LEVIN. I thank the gentleman. month extension proposed by the Sen- serve good, high-quality care. They did I now yield 2 minutes to another dis- ate may actually harm many small the same thing to those who depend on tinguished member of our committee, businesses. In fact, implementing the these unemployment benefits, and they the gentleman from the great State of cuts on this short timeline may not did the same for those who depend on New Jersey (Mr. PASCRELL). even be possible.

VerDate Mar 15 2010 03:18 Dec 21, 2011 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K20DE7.040 H20DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 20, 2011 CONGRESSIONAL RECORD — HOUSE H9971 In addition to being a CPA, I’m also Security trust fund. So now we have a ther fix your problem for 2 months or a mom, and I would do just about any- whole different story today. Now the we can fix your problem for a year, I thing to be working out of our Topeka same folks who were opposed to any have no doubt that the patient would office at this time of year so that I continuation of the payroll tax cut say choose certainty of 1 year over 2 could spend evenings with my kids. But they oppose the bipartisan Senate bill months. agreeing to a tax policy that is so because it is only for 2 months, and For the past 10 months, I have been short-lived that it costs not just our now they are preventing a vote on that visiting individuals and businesses in government but also our small busi- bill. my district, and what I continually nesses big bucks is not one of them. The consequence is going to be very hear from them is uncertainty is hurt- The American people are exhausted. clear: On January 1, 160 million Ameri- ing them and it’s hurting our economy. They are sick and tired of Congress cans are going to see their payroll Now, the House sent a bill to the Sen- kicking the can down the road on hard taxes increased. At the end of the day, ate that contains some certainty, and decisions. So I ask our leaders in the the Republican majority here in the we get back a 2-month Band-Aid. Senate, Are your vacation plans more House is going to go home. They’re In this bill, we have certainty for important than good policy? Why will going to go home. But you know what businesses, certainty for doctors, cer- it be easier to negotiate a deal in Feb- will remain here? The Senate bipar- tainty for individual taxpayers, and ruary than it is today? Come back. We tisan bill, because we will never have certainty for our seniors. There is a still have time. Work with us to do the voted on it. So, at any time in the next need for a 2-year extension on the job we were elected to do. Let’s make several weeks, we can all come right Medicare reimbursement for our doc- the hard decisions today. Let’s extend back here and in a matter of 5 minutes, tors to ensure that seniors receive ac- the payroll tax cuts for the entire year, send that bill to the President’s desk, cess to care. There is a need for a 1- and let’s not do it on the backs of a which he said he will sign, and make year payroll holiday for individuals generation more focused on Santa sure that we avoid a payroll tax in- and businesses. right now than they are on tax policy. crease on 160 million Americans. Make As has already been said, the Na- Mr. LEVIN. I yield 3 minutes to the sure that folks who are unemployed tional Payroll Reporting Consortium, gentleman from Maryland (Mr. VAN through no fault of their own get un- which is a nonpartisan group, has ex- HOLLEN) who is the ranking member on employment compensation; make sure pressed concerns to Members of Con- the Budget Committee. that doctors will continue to be paid gress that the 2-month payroll tax hol- Mr. VAN HOLLEN. I thank the gen- when they treat Medicare patients, so iday passed by the Senate and sup- tleman from Michigan. they can serve those patients. It will be ported by the President cannot be im- The American people should under- sitting right here for 3 weeks. Why? Be- plemented properly. We also need a 2- stand very clearly what’s going on here cause the Republican majority won’t year extension or a fix for our unem- right now, and that is that the Repub- let us vote on it. ployment benefits to give certainty to lican majority in this House of Rep- I would be happy to yield 30 seconds businesses and also to individuals. resentatives is refusing to allow a vote to my friend, the chairman of the Ways Mr. Speaker, I am frustrated that the in this House on the Senate bipartisan and Means Committee, to tell us why Senate kicked the can down the road compromise. They are refusing to even you refuse to allow a vote on the Sen- one more time for only 2 months after allow a vote on a bill that received 89 ate bipartisan bill. we sent them a bill that was not only of 100 votes in the Senate, including 85 The SPEAKER pro tempore. The bipartisan—yes, a bipartisan bill percent of the Senate Republicans. time of the gentleman has expired. passed by this House—but also had What are they so afraid of? It’s very Mr. CAMP. Mr. Speaker, I yield my- good job policies. I came back to D.C. clear that the Republican leadership is self such time as I may consume. yesterday to do something better, a afraid that that same bipartisanship I would just say that if Minority package that creates certainty rather that took place in the Senate will take Leader PELOSI and Senator REID ap- than a 2-month patch. place right here in the House because point conferees, there’s no reason for Mr. LEVIN. I yield 2 minutes to a they don’t want a bipartisan bill; oth- taxes to go up. very distinguished Member, the gentle- erwise, we would have a vote on it. With that, I would yield—— lady from Illinois, JAN SCHAKOWSKY. What we are witnessing today, Mr. Mr. VAN HOLLEN. You didn’t an- Ms. SCHAKOWSKY. I thank the gen- Speaker, is the triumph of Tea Party swer my question. The question is, tleman for yielding. extremism over the good of the coun- Why can’t we have a vote? Don’t blame Congress for not work- try. The sad part is, we probably Mr. CAMP. Regular order, Mr. Speak- ing together; blame the House Repub- shouldn’t be surprised because it was er. licans who can’t even work with each just a few months ago that the Repub- The SPEAKER pro tempore. The gen- other. The one and only reason this lican leadership was opposed to extend- tleman from Michigan controls the House of Representatives is not voting ing the payroll tax cut at all. They time. The gentleman from Maryland is for the bipartisan Senate bill to pro- originally said that raising taxes on 160 not recognized. The gentleman from vide relief to middle class taxpayers, million Americans would be okay, no Maryland shall suspend. seniors, and disabled people on Medi- problem. I have a long list of state- The Chair recognizes the gentleman care and jobless Americans is because ments from Republican House leaders from Michigan. it would pass. That’s right. The Repub- to that effect. Mr. CAMP. I can see why the gen- lican scam was to bring up the bill sup- Then two things happened: A whole tleman is a little bit defensive about ported by 90 percent of the Senate and lot of economists told us what was that. then kill it. But on the way to this common sense; that, in fact, if you With that, I would yield 2 minutes to slaughter, a funny thing happened. raise taxes on 160 million Americans, it the distinguished member of the Ways Sensible Republicans basically said: will hurt the economy. And it also and Means Committee, the gentle- You want me to vote to abandon mil- began to sound a little strange for our woman from Tennessee (Mrs. BLACK). lions of middle class Americans with- Republican colleagues to be zealously out the help they need this holiday sea- protecting tax breaks for special inter- b 1210 son? No way. ests and for millionaires while allowing Mrs. BLACK. Fixing something for 2 So the sanctimonious rhetoric you tax increases on 160 million Americans. months is not fixing something. It’s a hear today from the Republicans is So they changed their story. Then it Band-Aid and it’s bad policy. I’ve been nothing but talk, baby talk. If they was, We couldn’t do this because it was a nurse for over 40 years, and I’m going don’t get their way exactly, then they going to hurt the Social Security trust to use a medical analogy to illustrate won’t play. fund—that coming from the party that this point. What they’re saying to millions of wanted to privatize Social Security. If someone were to come into the Americans, saying, Happy Hanukkah And then the Social Security actuary emergency room where I’m working to middle class Americans who are told us and the country that it with a medical issue and I said to lighting the first candle tonight and wouldn’t take 1 cent from the Social them: I’ll give you a choice; we can ei- won’t get their $1,000 tax break; Happy

VerDate Mar 15 2010 03:18 Dec 21, 2011 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K20DE7.042 H20DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H9972 CONGRESSIONAL RECORD — HOUSE December 20, 2011 New Year to our seniors and people Well, talk to your Republican col- passing a tax policy that would only with disabilities who may lose their leagues in the Senate. Four times the last 2 months or passing a tax policy doctor; Merry Christmas to the jobless Senate Democrats tried to bring up that lasts the entire year. During this Americans desperate for work, looking your bill, and four times a Senate Re- next week and a half, while families for work, who barely survive on their publican objected. Facts are hard. are sitting at home doing their budget unemployment checks. If we do not pass this bill, 160 million for next year, they’re going to be mak- The House Republicans are the Americans will face a $1,000 tax in- ing their budget for the entire year grinches who stole your Christmas. crease as we go into the new year. If we 2012, not for just 2 months. And yet Mr. CAMP. Mr. Speaker, I yield 2 do not act, in my home State, 9 million what the Senate sent over is a plan minutes to a distinguished member of Floridians will see this tax increase that only kicks the can down road, and the Ways and Means Committee, the next year. If we do not act, 2.2 million we’d be right back here again having gentleman from New York (Mr. REED). unemployed Americans will lose their this same debate in 2 months. Mr. REED. To my colleagues on the unemployment benefits. And if we do People are sick and tired of this kind other side of the aisle, it’s not a $1,000 not act, 48 million seniors will face the of absurd action from Congress. If you payroll tax reduction, just as was specter of having to find new doctors look at early civics courses, anybody quoted by my colleague who just due to cuts to Medicare reimbursement that takes their first civics course spoke. The Senate bill is 2 months. It is rates. knows that when there’s a difference $160. So let’s be clear and honest with Like many of my colleagues, I have between the House and the Senate—as the American people. received countless constituent calls, there is here—then the two sides ap- What we’re talking about here in the letters, and emails, many of them very point conferees, they get together and House of Representatives on our side of personal and emotional. they work out those differences. That’s the aisle today is that we want to do Just this morning, I was especially what the legislative process is about. our work. Yes, we want to be with our moved by a note from a single mom, And clearly we have a difference. families for Christmas and we want to Christine, with a 3-year-old daughter, We think the policy should be for an be home ringing in the new year with from my congressional district. She entire year, as even the President has our family and friends. But you know wrote: I am pleading my case to you said, and the Senate sent us over a 2- what, the American people deserve bet- out of desperation to extend unemploy- month patch that doesn’t even fix the ter. We are willing to stay here and do problem. In fact, outside groups like the work, not do Band-Aid type of pol- ment insurance. the National Federation of Independent icy. Tax policy on a 2-month basis, are These benefits help her provide food Businesses said this would hurt small you kidding me? That is ridiculous. and necessities for her daughter. Too We need long-term solutions to our many of my colleagues like to paint businesses. And yet what do we get problems in America. We need to put unemployment beneficiaries with one from the other side? Minority Leader the political bickering aside. Two insensitive and cruel brush. This young PELOSI, Mr. Speaker, said she will not months is not a solution. It’s dodging woman is not someone sitting around appoint any House Democrats to par- responsibility in the Senate. just collecting government checks. She ticipate in the negotiations. She just And so where I’m at today is I sup- was laid off from her job this fall and said this last night. So in the spirit of port the underlying bill that we stand has only been on unemployment for a Christmas, you’ve got the minority and rise to support today, and it is a couple of months while she looks for leader saying she’s just going to take vote. We will have a vote to reject the another job. her toys and go home. That’s not the Senate’s position with its amendments My constituent’s story, while per- responsible thing to do. and its Band-Aid policy, and we will sonal and moving, is, unfortunately, Let’s stay here, let’s get the policy send a clear message to the American not a unique one. My Republican col- right, let’s do our work, and let’s have people that we in the House of Rep- leagues who callously ignore the needs the Senate do their work, too, for the resentatives are about finding solu- of middle class Americans by refusing American people. tions long term—1, 2 years at a min- to vote on the payroll tax extension Mr. LEVIN. I yield 1 minute to the imum—and we’re willing to do the and unemployment benefits are send- distinguished gentleman from Georgia, work. ing the message to millions of working Mr. DAVID SCOTT. I call on the Senate to come back to families that, despite their efforts to Mr. DAVID SCOTT of Georgia. D.C. and finish the job. Hardworking look for and find work in this delicate Thank you very much, and I appreciate taxpayers of America deserve no less economy, they simply don’t care. the opportunity to come down and to than for us to honor our oath and our The House Republican leadership say a few words on this. responsibility to govern through solu- needs to allow a straight up-or-down Ladies and gentlemen, I’m so glad tions, not political games. vote on the Senate bill which passed that the people of this country are tun- Mr. LEVIN. Could the Speaker please 89–10 with strong bipartisan support. ing into what’s happening on the floor verify how much time each side has. Clearly, they are afraid it might pass. of this House of Representatives. What The SPEAKER pro tempore. The gen- I urge you to listen to the plight of we are seeing is a great dysfunction in tleman from Michigan (Mr. LEVIN) has constituents like Christine who said: the Republican Party in the House of 71⁄2 minutes, and the gentleman from I’m asking that they give people more Representatives. Michigan (Mr. CAMP) has 5 minutes re- time to find work by pushing these Here is this situation: the American maining. dates back further. I’m having a very people are hurting, and 160 million Mr. LEVIN. I now yield 21⁄2 minutes hard time trying to find work that will American people do not need their to the very distinguished colleague accommodate my living expenses for taxes to go up. There are 2.2 million from Florida (Ms. WASSERMAN myself and 3-year-old daughter. American people who are without un- SCHULTZ). Christine has only been on unemploy- employment benefits who will have Ms. WASSERMAN SCHULTZ. Mr. ment since September. She needs our those unemployment benefits not ex- Speaker, I rise today in firm opposition help. Millions of Americans need our tended. And there are seniors, 48 mil- to this motion to go to conference help. Pass this bill and stop playing lion of them, who will not be able to go without a vote on the Senate bill to ex- politics with people’s lives. and visit their doctors. America is tend the payroll tax cut and unemploy- Mr. CAMP. Mr. Speaker, I yield a hurting, and what does the Republican ment benefits. It is deeply dis- minute and a half to the distinguished Party in the House of Representatives appointing and troubling that we’ll be gentleman from Louisiana (Mr. SCA- want to do? They want to hurt them denied the opportunity to vote on the LISE). some more by not even allowing a vote Senate’s overwhelmingly bipartisan on a compromise bill that was passed compromise that would bring relief to b 1220 by the Senate with 89 votes, 39 of them millions of America’s working families. Mr. SCALISE. I thank the gentleman members of the Senate Republican Now, my Republican colleagues have from Michigan for yielding. Party. said: Pass the 1-year bill that passed What we’re talking about here today, Ladies and gentlemen, what’s at the House last week. Mr. Speaker, is the difference between stake here is a failure to compromise.

VerDate Mar 15 2010 03:18 Dec 21, 2011 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K20DE7.043 H20DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 20, 2011 CONGRESSIONAL RECORD — HOUSE H9973 That is the key. When Hamilton and Mr. CAMP. I yield 1 minute to the b 1230 Jefferson failed to compromise, it was distinguished chairman of the Select John Adams that brought them to- Revenue Measures Subcommittee, the No, the problem is that many people gether. Where would this country be if gentleman from Ohio (Mr. TIBERI). in the House never wanted to extend that had not happened? Ladies and gen- Mr. TIBERI. Mr. Speaker, this debate the payroll tax in the first place. And tlemen of America, wake up and realize is in many ways surreal—surreal. I you sent over a bill that deleted 40 that this is not a party just of Tea learned in Civics 101 that the House is weeks of unemployment insurance for Party people, or Republicans or Demo- a coequal branch to the Senate. Mem- the millions who are looking for work crats, it’s a party of all of us. bers on the other side say, well, this is and can’t find a job. So today we have Mr. CAMP. Mr. Speaker, I yield 1 a compromise. It’s a compromise in the no choice but to vote ‘‘no’’ and insist minute to the distinguished gentleman Senate, not the House. The House has that this obligation be met in this from Georgia (Mr. KINGSTON). spoken. The Senate says, my way or Mr. KINGSTON. I thank the gen- the highway. House of Representatives. tleman. Now, I understand that that’s how Vote. Vote. Vote on the bill that the The President of the United States it’s kind of become around here, and I Senate passed. Your denial of allowing has said it would be inexcusable not to know there are friends on the other us a vote is a denial to the people of extend the payroll tax cut for 1 year. side of the aisle who are upset with the this country who are uninsured as of Ms. PELOSI and Mr. HOYER have said Senate when they’ve done it on other the same thing, as have dozens of other bills when they were in the majority. December 1 for unemployment, who leading Democrats. I agree with them This is enough. The American people need Medicare, and also those who need and so does a bipartisan majority of deserve better. We need to get back to the continuation of the payroll tax cut. the House who last week voted to ex- regular order. We need to compromise That’s what all of this is about. And tend the tax cut for 1 year. between the House-passed bill and the anything else is a pure smoke screen Now why do we support it for 1 year? Senate-passed bill. That’s the way the that all the American people will see Because 2 months only gives uncer- Founding Fathers wanted it: com- through. tainty to this fragile economy. Uncer- promise between the House and the tainty. Families can’t plan, businesses Senate, not between the Senate and I yield back the balance of my time. can’t plan, and jobs can’t be created. the Senate. Two months for the Amer- Mr. CAMP. Mr. Speaker, I yield my- So why do the Democrats want the 2 ican people, that’s outrageous. They self the balance of my time. months? Sadly, because like their deserve a year, a full year to have a The SPEAKER pro tempore. The gen- Democrat colleagues in the Senate, payroll tax holiday, not 2 months. they want to go home. But do you Come on, ladies and gentlemen, let’s tleman from Michigan is recognized for know what? There is a 200-year-old send the Senate a message: come back 11⁄2 minutes. mechanism for ironing out Senate and to Washington and do your work. Give Mr. CAMP. What we’re voting on House agreements. It’s called ‘‘con- the American people a year, not 2 today is to disagree with what the Sen- ference committee.’’ months. ate did to our bill. We’re voting to dis- Now your leader has decided not to Mr. CAMP. Mr. Speaker, I would ad- agree to the Senate amendments. Once appoint people to this conference com- vise my colleague that I have no fur- mittee. You want to compromise, ther speakers and am prepared to close. that’s adopted, the House message on that’s what this vote is all about. We Mr. LEVIN. I yield myself the bal- this bill goes back to the Senate, and want to compromise. We know we can’t ance of my time. the Senate then is the only body in get everything we want. But unlike the The SPEAKER pro tempore. The gen- possession of the bill. And we cannot Senate, we’re not saying it’s our way tleman from Michigan is recognized for move forward to resolve the differences or the highway. We’re saying com- 3 minutes. between the House and the Senate Mr. LEVIN. I remember when I was promise. Vote ‘‘yes’’ on this vote. Let’s until Leader REID and Representative doing arguments before a court and the compromise, and let’s get this done. PELOSI appoint conferees. So we’re vot- Mr. LEVIN. I yield 1 minute to the judge would ask me a very salient ing to disagree with the Senate. gentleman from Massachusetts (Mr. question that would get to the heart of MARKEY). the matter. And that’s where we are And let me just say, 2 months isn’t Mr. MARKEY. Mr. Speaker, tax cuts today. There’s this question to the Re- long enough. You’ve heard a lot of peo- delayed are tax cuts denied. Last year, publican majority: If you’re so sure of ple talk today in this debate. It’s em- just before the holidays, the House Re- your arguments, why not allow a vote barrassing that we’re doing tax policy publicans extended the Bush tax cuts on the Senate bill? Otherwise, every- for 2 months. But it’s not just House thing you’ve said is a smoke screen. for millionaires and billionaires, no Republicans who think we need a strings attached. And this year, Repub- It’s because you’re afraid you’d lose it, longer term extension, it’s supporters, licans won’t even allow a vote to ex- or you don’t want some people voting tend middle class tax cuts. Republicans ‘‘no’’ on the RECORD. That’s really including many of our Nation’s Demo- want to procrastinate. Democrats want what this is about. cratic Governors. to legislate. And there’s a second question: If you I received a letter, a letter that actu- When it comes to millionaires, the believe in bipartisanship, why not ally went to our leaders last week, Republicans are Santa Claus. For the allow a vote on a bipartisan bill in the from 16 of the Nation’s Governors, Senate? I quoted three Senators, and middle class, they are the Grinch. This Democratic Governors, after we ap- isn’t ‘‘Mission Impossible,’’ Mr. Speak- three more now have spoken out, Sen- proved H.R. 3630. They called for a er. We don’t need Tom Cruise to save ators SNOWE, WICKER and GRASSLEY. swift passage of a 1-year extension— seniors, the middle class and the unem- Senator GRASSLEY says, if it doesn’t ployed. We just need to pass the Senate pass the House today, there’s a chance not 2 months, 1 year. That’s what the compromise right now. By not allowing the payroll tax holiday will be lost. House bill does. And what’s more, an up-or-down vote on this bipartisan And Senator WICKER says, I’m sur- that’s what the Senate bill specifically compromise, the Republicans are rais- prised the House isn’t willing to take a rejects. ing the curtain on their real priorities: 2-month time-out to do something I urge that we vote to disagree with millionaires and billionaires. more lasting. the Senate amendments and let’s get Americans don’t need any more So I think the answer is, again, your on to a conference. Let’s resolve this meetings, and they don’t need any talk about bipartisanship is totally more debate. They just need us to shallow. The previous speaker said that this year so we can make certainty in make sure their taxes do not go up on the Senate said, it’s my way or the our Code, certainty for all of those peo- New Year’s Day. Today, we can protect highway. No, that isn’t accurate. The ple who are out of work, and certainty the middle class, the seniors, and the Speaker of the House said to the Sen- for those seniors who need to see a phy- unemployed by passing this bipartisan ate, get on the road and pass a bill. He sician—for more than 2 months, but for compromise right now. Do it now. never said don’t do it. He said do it. 2 years.

VerDate Mar 15 2010 03:18 Dec 21, 2011 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K20DE7.045 H20DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H9974 CONGRESSIONAL RECORD — HOUSE December 20, 2011 DECEMBER 15, 2011. President Obama has said that the Senate’s ministration will not approve the project under Hon. HARRY REID, compromise bill is ‘‘the only viable way to pre- this tight timeline. Majority Leader, U.S. Senate, vent a tax hike on January 1.’’ So despite this troublesome provision, I had Washington, DC. The legislation the Senate passed this intended to support the Senate’s bill. Hon. MITCH MCCONNELL, The Majority’s attempt to renegotiate this Minority Leader, U.S. Senate, weekend, and that we should be considering Washington, DC. today, would provide for a two-month exten- entire package is a waste of time. We should Hon. JOHN BOEHNER, sion of several measures that will help keep come together to extend the relief that our Speaker, House of Representatives, our economy moving in the right direction. workers and their families deserve and return Washington, DC. These include extending unemployment bene- next year with a new focus on how to move Hon. NANCY PELOSI, fits, the payroll tax cut, the temporary assist- our economy forward. Minority Leader, House of Representatives, ance for needy families (TANF) program, and With the holidays just days away, we owe Washington, DC. preserving the rate of Medicare payments to families in Hawaii and the American people at DEAR SENATOR REID, SENATOR MCCONNELL, doctors. least that much. SPEAKER BOEHNER, AND REPRESENTATIVE Let me be clear Mr. Speaker, the Senate bill Ms. JACKSON LEE of Texas. Mr. Speaker, PELOSI: We write to urge you to swiftly pass I rise today in support of the Motion to Concur a one-year extension of the Emergency Un- is a modest proposal at best. However, ex- tending these vital measures are necessary to on H.R. 3630 ‘‘Middle Class Tax Relief and employment Compensation Program Job Creation Act of 2011.’’ This legislation (‘‘EUC’’) and 100% federal funding of the Ex- keep our economy moving forward and grow- tended Benefits (‘‘EB’’) Program before they ing. sends the right message at a critical time for expire on December 31. Failure to reach agreement is unacceptable. Americans. The Senate passed a measure this past We are extremely concerned about the po- If we fail to pass the Senate bill, 700,000 Saturday that, while not perfect, will grant the tential impact of the expiration of these pro- workers in Hawaii will see their paychecks American people the certainty they need as grams on families and our economic recov- shrink and taxes increase in January. Nearly ery as a whole. Unless Congress extends we head into a new year. The Senate Amend- 3,000 people in Hawaii will lose their unem- these programs before adjourning for the ment to H.R. 3630 received overwhelming bi- ployment benefits in January. Some 27,000 holidays, nearly 2 million unemployed work- partisan support in the Senate. It passed by a Hawaii families will lose access to assistance ers will lose this critical support in January margin of 89 to 10. 2012 alone. Now is not the time to turn our that helps feed their children while they seek The Senate version would allow employees backs on hard-working Americans. Individ- new jobs. And we will unnecessarily be mak- to continue to pay a 4.2 percent tax on wages, uals who are laid off through no fault of ing it harder for doctors to provide the care their own rely on these funds to support and the self-employed would only pay 10.4 our seniors deserve. percent; which represents a 2 percentage their families. Failing to extend the payroll tax and unem- Extending unemployment insurance is a point tax cut. ployment benefits wouldn’t just be irrespon- This tax cut would provide a much-needed critical part of our ability to speed up the sible for workers and families—it would actu- economic recovery process. Unemployment boost to the economy as these tax savings insurance benefits are immediately injected ally do serious damage to our nation’s eco- could be used for investment, savings ac- back into the economy. According to the nomic growth. counts, and for the purchase of both goods Congressional Budget Office, federally ex- In fact, independent economists forecast and services. This kind of commercial activity tended unemployment insurance benefits that failing to extend these two measures is what will keep the economy moving. provide one of the best bangs for the buck in could cost 1.3 million jobs. The Senate version would remove provi- terms of stimulating economic growth. Of course, the Senate’s legislation is far sions in the bill that implies that would stig- Congress has never failed to act on extend- from perfect. I regret that we were unable to matize the unemployed by implying they use ing federal unemployment insurance benefits reach an agreement that would have extended illegal substances and penalizes those who when the unemployment rate has exceeded these measures for the entire year. must choose between paying rent or taking 7.2%, and we must not fail our citizens now. I also regret the House Majority’s insistence We urge immediate action to extend Emer- job training courses. The Senate Amendment gency Unemployment Compensation and on attempting to tie these vital provisions to removes the onerous unemployment provi- 100% federal funds for the Extended Benefits unnecessary and controversial ones. sions from H.R. 3630. Namely, the provisions program through the end of 2012. I am glad the Senate has sent us a bill that that would allow states to test those who apply Sincerely, removes some of the most offensive poison for unemployment benefits for illegal drugs Governor Pat Quinn, Illinois; Governor pills—like slashing extended unemployment and one that would require a GED, a high John Hickenlooper, Colorado; Governor benefits to 40 weeks and ridiculous and prob- school diploma, or attendance in a course to Jack Markell, Delaware; Governor Ste- ably unconstitutional changes to eligibility re- attain a GED prior to being able to qualify for ven L. Beshear, Kentucky; Governor quirements for those benefits—that passed the unemployment benefits. Deval Patrick, Massachusetts; Gov- House last week. ernor Andrew Cuomo, New York; Gov- In addition, the Senate amendment to H.R. ernor Edmund Gerald Brown, Cali- Despite these changes the Senate bill is 3630 removes a $300 million on a special in- fornia; Governor Dannel P. Malloy, very much a compromise. It still includes a terest provision. The provision, which had Connecticut; Governor Neil Aber- provision that would unnecessarily rush the passed the House, would only help a handful crombie, Hawaii; Governor Martin Administration’s review and approval of the of specialty hospitals while resulting in billions O’Malley, Maryland; Governor Mark controversial 1,700 mile long Keystone XL of dollars in cuts from community hospitals. Dayton, Minnesota; Governor Bev pipeline project. The Senate Amendment removes this poison Perdue, North Carolina; Governor John I fail to see the benefit of rushing this deci- pill. In effect, the Senate rejected this assault A. Kitzhaber, M.D., Oregon; Governor sion. The President has committed to ensuring on the elderly, the unemployed, and the mid- John deJongh, Jr., Virgin Islands; Gov- ernor Peter Shumlin, Vermont; Gov- that the State Department conducts a thor- dle class. ernor Chris Gregoire, Washington. ough review of this project in order to deter- RULES COMMITTEE’S LAST MINUTE CHANGE TO THEIR mine the economic, environmental, and public AGENDA Mr. Speaker, I yield back the balance health impact it could have on our nation. Last evening the Rules Committee was of my time. This is particularly prudent because the pro- originally scheduled to convene an emergency Ms. HIRONO. Mr. Speaker, I rise today in posed route runs from Canada to the Gulf meeting at 7:05 p.m. The purpose of their support of the Senate Amendment to H.R. Coast—directly through the center of our na- meeting was to discuss a motion to concur 3630, the Temporary Payroll Tax Cut Continu- tion. Its proposed route passes through the with the Senate amendment to H.R. 3630. I ation Act of 2011. sensitive Sand Hills in Nebraska and over the arrived at the Rules Committee prepared to Unfortunately, this isn’t the legislation we Ogallala aquifer. This aquifer provides 30 per- give testimony to buttress my two amend- will be voting on today. The Majority has de- cent of all groundwater used for irrigation in ments to the measure and to give my support cided to side-step that bill, which passed the the U.S., as well as drinking water for millions to the Senate Amendment to H.R. 3630. Senate this weekend on a bipartisan 89–10 of Americans. The Committee would not accept my vote. The State Department has indicated that the amendments and refused to accept testimony; Instead, the House Majority’s aim is to re- earliest these necessary reviews will be com- to add insult to injury they delayed the meet- open negotiations in an attempt to force the pleted is 2013. Expediting this review process ing from 7:05 p.m. to 9:15 p.m. Again, I was Senate to include in the bill many poison pill is short-sighted, unwise, and could have seri- prepared to speak on the measure and my provisions, like requiring a high school diploma ous negative implications for future genera- amendments. To my surprise, the Rules Com- to receive unemployment benefits. tions and media reports indicate that the Ad- mittee failed to discuss or bring up the motion

VerDate Mar 15 2010 03:18 Dec 21, 2011 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\CR\FM\A20DE7.004 H20DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 20, 2011 CONGRESSIONAL RECORD — HOUSE H9975 to concur with the Senate Amendment to H.R. new pair of shoes, place an additional meal on their unemployment benefits in January. By 3630. the table, or pay their rent. mid-February, 2.1 million will have their bene- It is my belief that something must have oc- It is not a surprise that those Republicans, fits cut off, and by the end of 2012 over 6 mil- curred prior to and immediately after the 7:05 who dug their heels into the ground, long be- lion will lose their unemployment benefits. p.m. meeting that would drastically change fore today, are the very Republicans who are THE IMPACT ON AMERICANS POISON PILLS IN H.R. 3630 Republicans’ agenda. Because at 9:15 p.m. allowing the American people to bear the The reforms to unemployment and other they brought up a completely different agenda. brunt of this stalemate. provisions that we sent over to the Senate, I am both surprised and disappointed that the As passed in the House, H.R. 3630 had a sweeping as they were, may have been lost Committee failed to address this issue head list of poison pills which would have harmed amid other features of the Republican pack- on and rather bent to whatever pressures they not only the health of Americans but the age. received prior to meeting on the Senate health of the American economy. DRUG TESTING amendment. UNEMPLOYMENT Under current law, states are not allowed to My amendments would have made it clear Republicans had targeted the unemployed deny workers unemployment insurance for that hedge fund managers would finally be re- by slashing 40 weeks of unemployment insur- reasons other than on-the-job misconduct, quired to pay their due share of carried inter- ance. Such an action would have negatively fraud or earning too much money from part- est; they would be required at minimum to pay impacted the lives of millions of families. time work. The drug testing requirement in the same amount in taxes, as their house These are the very families who are still strug- H.R. 3630 is burdensome and onerous. Un- keepers. gling under the weight of the worst economic employment is at its highest in twenty-five In addition my second amendment would downturn since the Great Depression. The have ensured that millionaires would also pay years, the economy is in a downward spiral, Senate rejected this assault on the elderly too. millions of people are just getting by and gov- their fair share of taxes. Because of the ac- Our failure to act on the Senate amendment ernment wants to further degrade them. tions of the Rules Committee I never got the to H.R. 3630 would result in twenty-two juris- A worker advocacy group recently described opportunity to express my support for these dictions with the highest unemployment rates the drug testing Element in the House-passed important amendments, nor did I have the op- being the hardest hit these states are: My bill, the ‘‘most disturbing’’ part of the Repub- portunity to support the Senate amendment home state of Texas, Alabama, California, lican unemployment reforms. ‘‘Devising new because of the drastic changes made to the Connecticut, DC, Florida, Georgia, Illinois, ways to insult the unemployed only distracts Rules Committee Agenda. Idaho, Indiana, Kentucky, Michigan, Missouri, from the current debate over how to best re- CERTAIN REPUBLICANS NEVER INTENDED TO SUPPORT A Nevada, New Jersey, North Carolina, Ohio, store the nation’s economy to strong footing PAYROLL TAX CUT Oregon, Rhode Island, South Carolina, Ten- and the discussion over how to best support There is little doubt that there have been nessee and Washington. factions within the Republican party who have According to a report released by the De- the unemployed and get them back to work’’ never intended to support a payroll tax cut for partment of Labor just two weeks ago, 3.3 mil- There is no evidence to support that the av- middle class Americans. When the idea of a lion Americans would lose unemployment ben- erage person who applies for unemployment payroll tax cut began to surface there was an efits as a result of H.R. 3630 compared to a insurance is an illegal drug user. The infer- instantaneous reaction against the idea among continuation of current law. In my home state ence that those who need this benefit must be certain conservative Republicans. The behav- of Texas alone, 227,381 people will lose their screened for drugs is offensive. Hardworking ior of the Rules Committee, which changed sole source of income by the end of January. Americans are depending on a benefit they the agenda at the last minute, is a probable There is nothing normal about this reces- worked to attain. The Senate amendment to example of these internal disagreements. sion. Republicans seem to want to blame the H.R. 3630 removes this offensive provision. Less than two weeks ago a Tea Party Re- unemployed for unemployment. But the truth GED/HIGH SCHOOL DIPLOMA REQUIREMENT publican made it clear that he did not support is there are over four unemployed workers for In addition, the Senate amendment does not a payroll tax cut. In order to convince him to every available job, and there are nearly 1 mil- blame the unemployed for being unemployed. support H.R. 3630 it seems that other provi- lion fewer jobs in the economy today com- By this I mean, the version of H.R. 3630 which sions had to be added, provisions like the key- pared to when the recession started in De- passed the House would deny unemployment stone pipeline. This Tea Party Republican cember 2007. In our nation’s history there has benefits to individuals who did not have or made it clear ‘‘[Republican Leadership] cer- never been so many unemployed Americans were not attempting to attain a high school di- tainly seems to be dragging me kicking and without work for such a long period of time. ploma or a GED. screaming to the ‘yes’ line’’. Such is the com- Republicans are clearly out of touch. As supported by House Republicans, H.R. ment of a Member of Congress who wants us We must act now to extend unemployment 3630 denies unemployment insurance benefits all to believe that he was undecided on a pay- insurance and remove dastardly provisions re- to the most vulnerable workers, those without roll tax cut. I wonder how many promises had lated to drugs and education that do nothing a high school diploma or GEDs, if they can’t to be given before the American middle class more than insult the integrity of the jobless. demonstrate they are enrolled in a program could be cut a break. Currently, 9.8 million people are receiving un- leading to a credential. Workers with less than This position was also shared by a Senator, employment insurance in some form. We have a high school diploma are unemployed at sig- who is part of Senate Republican Leadership. 11 days to act. On Dec. 31, federal unemploy- nificantly higher rates than workers with a He voted four times against proposals to keep ment insurance benefits are set to expire, bachelor’s degree (13.2 percent v. 4.4 per- the tax holiday. According to this Republican which means nearly 2 million will be cut off cent). Leader ‘‘We get paid to vote . . .’’ and he cer- from unemployment insurance early next year I understand the rationale behind wanting to tainly did his duty and voted, he voted against if Congress doesn’t act now. Congress has advance the skills of our nation’s work force. payroll tax cuts for the middle class. This never allowed emergency unemployment ben- Believe me the hardships faced by those who would not be an example of a person who efits to expire when the unemployment rate is have not attained a GED or high school di- was less than two weeks ago ready to be anywhere close to its current level of 9.1 per- ploma are indisputable. The labor force partici- swayed. cent. pation rate for persons without a high school Washington Republicans in general found For every dollar spent on unemployment in- diploma is 20 percentages points lower than themselves in a quandary. Should they sup- surance, a study found an increase in eco- the labor force participation rate for high port a measure that would have protected pro- nomic activity of two dollars. According to the school graduates. visions in Medicare, extended unemployment, Economic Policy Institute that extending un- Nationally, approximately 70 percent of all and provided a payroll tax cut or stick to par- employment benefits could prevent the loss of students graduate from high school, but Afri- tisan politics. Washington Republicans appar- over 500,000 jobs. Further, a study by IMP can-American and Hispanic students have a ently did not believe that a break, which would AQ International and the Urban Institute found 55 percent or less chance of graduating from have lowered the payroll tax from 6.2 percent unemployment insurance benefits reduced the high school. to 4.3 percent would help job growth next fall in GDP by 18.3%. This resulted in nominal If this measure passes as written, African- year. Then there are those who are more con- GDP being $175 billion higher in 2009 than it Americans and Hispanics who are already the cerned with not giving the President a victory. would have been without unemployment insur- hardest hit by this economic downturn will now The victory would not be for the President, the ance benefits. lose access to employment benefits at a victory who would be for the American people. If Congress fails to act before the end of the greater rate, solely based upon their edu- For the moms and dads who as a result of the year, Americans who have lost their jobs cational attainment. This just does not seem payroll cut would be able to buy their child a through no fault of their own will begin losing fair.

VerDate Mar 15 2010 04:42 Dec 21, 2011 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 9920 E:\CR\FM\A20DE7.022 H20DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H9976 CONGRESSIONAL RECORD — HOUSE December 20, 2011 Only 52 percent of students in the 50 larg- portunities, and builds a foundation for the fu- ter than letting the payroll tax reduction and est cities in the United States graduate from ture. We cannot now, or ever, allow partisan unemployment benefits expire while Medicare high school. That rate is below the national politics to keep us from addressing the needs reimbursements to doctors are cut dramati- high school graduation rate of 70 percent, and of American families, the unemployed and cally, which will have negative effects for our also falls short of the 60 percent average for seniors. I encourage my colleagues on the fragile economic recovery. urban districts across the Nation. Over his or other side of the aisle to drop these harmful Mr. Speaker, this bipartisan compromise her lifetime, a high school dropout earns, on policy riders and support the Senate amend- was overwhelmingly approved in the Senate average, about $260,000 less than a high ment to H.R. 3630. and includes several provisions that Repub- school graduate, and about $1 million less Mr. HOLT. Mr. Speaker, just last week I licans worked hard to include, such as requir- than a college graduate. came to the floor and spoke to the need for ing President Obama to make a decision on I vehemently disagree with how H.R. 3630 this body to prevent a tax increase for 160 mil- the Keystone pipeline within 60 days. It will chooses to address increasing the skills of our lion American workers. Yet today, the House provide relief to individuals and families who workforce. I do not believe we should blame Majority is actually voting to raise taxes for need it and support for the overall economy. those who for a variety of reasons were not middle class families. Under their plan taxes This is not the time to draw lines in the sand. able to attain a high school diploma or GED. go up on January 1, 2012 for 160 million I urge my Republican colleagues to let the We should not punish them by excluding them workers, unemployment benefits expire and House consider the two-month extension from benefits that they have earned! We seniors lose access to their doctors. I am vot- today and to vote in support of it. Then we should be focused on programs to encourage ing to prevent that from happening. They can can continue to work on how to extend this re- and retrain our workforce. Programs like those claim all they want they support tax relief for lief through the duration of 2012. offered by organizations like the National middle class families, but today they are re- Mr. WOLF. Mr. Speaker, I oppose motions Urban League. jecting the compromise that passed the U.S. regarding a conference because I do not sup- MEDICAID Senate with broad bipartisan support and that port any of the costly proposals to extend the My colleagues on the other side in H.R could be signed into law by President Obama. temporary payroll ‘‘holiday,’’ which destabilizes 3630 had singled out Medicare premium in- Instead of helping pass this real bipartisan the Social Security Trust Fund and does noth- creases that would have permanently increase compromise, the House Majority is claiming ing to enact the needed long-term structural seniors’ costs by $31 billion. The Senate they want to help ordinary people even as reforms necessary to right our fiscal state of Amendment addresses the Medicare Sustain- their actions show otherwise. The American ship. able Growth Rate (SGR), extending physician people will pay the price with higher taxes Our country is going broke. The national payment rates and preventing a 27.4% cut next year. Members of the Majority opposed debt is over $15 trillion. It is projected to reach through February 29th; and it addresses Medi- this tax cut for middle class Americans a year $17 trillion next year and $21 trillion in 2021. care and Medicaid Extenders policies through ago and they are even more opposed to its We have annual deficits of approximately $1 February 29th as well. It also includes a sim- extension now. trillion. We have unfunded obligations and li- ple extension of TANF through February 29th. Ms. CLARKE of New York. Mr. Speaker, abilities of $62 trillion. The Congressional Budget Office estimates what has happened today would be comical if The Social Security Actuary has said that by changes to Medicare under the Republican it weren’t so damaging to our nation’s middle- 2037 the trust fund will be unable to pay full budget plan will triple the cost for new bene- class. benefits. This means that everyone will re- ficiaries by 2030 and increase costs for cur- Mr. Speaker, the American People need to ceive an across the board cut of 22 percent, rent recipients, including the 2.9 million people know the facts: regardless of how much money they paid into in Texas who received Medicare in 2010. The fact is, Mr. Speaker is that this body the system. passed a tax cut bill that they knew would not H.R. 3630 would result in significant Washington is dysfunctional. After months of make it through the other body changes to Medicaid, threatening healthcare passionately debating the importance of re- The fact is, Mr. Speaker, that the other resources for the 60 million people, half of ducing the deficit, the President and Congress body, in about as bipartisan a manner as this them children that rely on this program to stay are now advocating for a policy that’s barely, 112th Congress has ever seen, voted over- healthy. A block grant for funding or a cap on if at all, improved our economic outlook and whelmingly to pass a two month extension of federal Medicaid spending would increase the further contributes to our crushing debt bur- the payroll tax cut so that taxes would not go cost for states and the low income families den. who benefit from the program. up for millions of Americans on the 1st of Jan- My floor statement from December 13, Harris County has one of the highest Med- uary. which I have reposted on my Web site, further icaid enrollment records in Texas. Limits and The fact is, instead of passing this common- explains my opposition to the underlying legis- cuts to Medicaid funds would significantly hurt sense legislation which would have bought lation. the citizens of Texas’s 18th District. Harris time for a comprehensive full year extension County averages between 500,000 and of the payroll tax cut to be negotiated, the During his 1796 farewell address, George 600,000 Medicaid recipients monthly, thou- GOP-led House would not allow a vote. Washington admonished his fellow country- sands of people who may not have access to Mr. Speaker, the Majority has instead de- men: ‘‘We should avoid ungenerously throwing healthcare under this budget. cided to kill the payroll tax cut altogether and upon posterity the burden of which we our- If there is a single federal program that is not buy Congress time for a comprehensive selves ought to bear.’’ The Congress should absolutely critical to people in communities all deal. heed his advice. across this nation at this time, it would be un- Mr. Speaker, I hope that when it’s time to let I voted ‘‘no’’ on this policy last December. I employment compensation benefits. Unem- tax cuts for millionaires and billionaires to ex- voted ‘‘no’’ on this policy last week. And I vote ployed Americans must have a means to sub- pire, the Republicans will show the same cal- ‘‘no’’ today. sist, while continuing to look for work that in lous disregard they have shown our nations Mr. DINGELL. Mr. Speaker, I rise in support many parts of the country is just not there. struggling middle-class. of the Senate amendment to H.R. 3630. Work- Families have to feed children. Mr. COSTELLO. Mr. Speaker, I will vote ing Americans cannot wait another minute for Personal and family savings have been ex- today against this motion to go to conference Congress to make up its mind and act. The hausted and 401(Ks) have been tapped, leav- with Senate and in support of the two-month country and its people are ill-served by the ing many individuals and families desperate payroll tax cut extension. While it is not per- House leadership’s inability to make up its for some type of assistance until the economy fect, it is a reasonable compromise that will mind. The economy and its future, as well as improves and additional jobs are created. The help people make ends meet while we con- our credit rating, are being severely impaired extension of unemployment benefits for the tinue to work on a longer-term solution. by leadership’s failure to lead in finding a solu- long-term unemployed is an emergency. You The fact is that Democrats and Republicans tion to this problem and Republicans’ do not play with people’s lives when there is have been working at finding such a solution followership to follow and support such solu- an emergency. We are in a crisis. Just ask for several weeks, and this is the best we can tion. someone who has been unemployed and do at this time. As we have done at other While the Senate’s solution is less than per- looking for work, and they will tell you the times this year, notably with the debt limit vote fect, it’s a desperately needed start. Our fail- same. in August, we have an opportunity to do ure to prevent an increase in payroll taxes and I am committed to producing tangible results something for the good of the country on a the expiration of unemployment benefits will in suffering communities through legislation short-term basis. While this is not ideal, I be- cut the legs out from under our country’s eco- that creates jobs, fosters minority business op- lieve approving a two-month extension is bet- nomic recovery.

VerDate Mar 15 2010 03:18 Dec 21, 2011 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\A20DE7.025 H20DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE December 20, 2011 CONGRESSIONAL RECORD — HOUSE H9977 To be clear, I am not at all comforted by the a $1,000 tax hike, let’s not take away the un- Poe (TX) Royce Terry Senate’s compromise on extending unemploy- employment benefits of 2.2 million Americans, Pompeo Runyan Thompson (PA) Posey Ryan (WI) Thornberry ment benefits. By not addressing the conten- and let’s not block 48 million seniors’ access Price (GA) Scalise Tiberi tious ‘‘look-back’’ issue, it is all but certain that to their doctors. Quayle Schilling Tipton states with persistently high unemployment Mr. AL GREEN of Texas. Mr. Speaker, I Reed Schmidt Turner (NY) rates that have improved very marginally—like support a one-year extension of the payroll tax Rehberg Schock Turner (OH) Reichert Schweikert Upton my home state of Michigan—will all of a sud- holiday, unemployment insurance and pro- Renacci Scott (SC) Walberg den find themselves ineligible for emergency tecting seniors’ access to their Medicare phy- Ribble Scott, Austin Walden federal benefits. As far as I’m concerned, sician. However, both Democrats and Repub- Rigell Sensenbrenner Walsh (IL) that’s like taking a sick person’s medicine licans in the Senate of the United States voted Rivera Sessions Webster away because he’s gotten slightly better. overwhelmingly to extend these expiring provi- Roby Shimkus West Roe (TN) Shuster Westmoreland That’s not to say the bill is all bad. The Sen- sions for two months, so that Congress might Rogers (AL) Simpson Whitfield ate amendment to H.R. 3630 also extends for have adequate time to negotiate a longer term Rogers (KY) Smith (NE) Wilson (SC) two months the critical section 508 hospital re- extension for the American people. House Re- Rogers (MI) Smith (NJ) Wittman classification and will allow us more time to publicans’ refusal to vote on the Senate com- Rohrabacher Smith (TX) Womack find a workable and sustainable solution to the Rokita Southerland Woodall promise puts at risk American middle class Rooney Stearns Yoder Medicare Sustainable Growth Rate reimburse- families at a time when we must do all that we Ros-Lehtinen Stivers Young (AK) ment levels. can do to support them. Roskam Stutzman Young (FL) I urge my colleagues—particularly those on The SPEAKER pro tempore. All time Ross (FL) Sullivan Young (IN) the other side of the aisle—to do the right for debate has expired. thing by the American people and vote in Pursuant to House Resolution 502, NAYS—193 favor of the Senate’s amendment to H.R. the previous question is ordered. Ackerman Garamendi Napolitano 3630. The House leadership cannot continue Altmire Gibson Neal The question is on the motion by the Andrews Gonzalez Owens to move the goalposts every time Congress gentleman from Michigan (Mr. CAMP). Baca Green, Al Pallone appears close to a deal. The GOP strategy of The question was taken; and the Baldwin Green, Gene Pascrell trying to keep America down to win elections Speaker pro tempore announced that Barrow Grijalva Pastor (AZ) Bass (CA) Gutierrez endangers the country, our people, and our fu- the ayes appeared to have it. Payne Bass (NH) Hahn Pelosi ture. Mr. CAMP. Mr. Speaker, on that I de- Becerra Hanabusa Perlmutter In short, let’s not let the perfect be the mand the yeas and nays. Berkley Hastings (FL) Peters enemy of the good and punish hardworking The yeas and nays were ordered. Berman Heinrich Peterson Bishop (GA) Herrera Beutler Pingree (ME) Americans in the process. We cannot in good The vote was taken by electronic de- Bishop (NY) Higgins conscience go home to our districts for the Polis vice, and there were—yeas 229, nays Blumenauer Himes Price (NC) Boren Hinchey holidays without passing this bill and commit- 193, not voting 11, as follows: Quigley Boswell Hinojosa ting to coming back here in March to enact a Rahall [Roll No. 946] Brady (PA) Hirono Rangel full one-year extension of UI benefits, the pay- YEAS—229 Braley (IA) Hochul roll tax cuts, and Medicare physician reim- Brown (FL) Holden Reyes Adams Duncan (TN) King (NY) Richardson bursement rates. Butterfield Holt Aderholt Ellmers Kingston Capps Honda Richmond The Congress’s dithering around has Akin Emerson Kinzinger (IL) Capuano Hoyer Ross (AR) brought us to the brink again, but we have an Alexander Farenthold Kline Cardoza Inslee Rothman (NJ) opportunity to salvage this situation tonight. Amash Fincher Labrador Carnahan Israel Roybal-Allard Amodei Fitzpatrick Lamborn We will be foolish to let it pass us by. Carney Jackson (IL) Ruppersberger Austria Fleischmann Lance Carson (IN) Jackson Lee Rush Ms. WILSON of Florida. Mr. Speaker, today Bachus Fleming Landry Castor (FL) (TX) Ryan (OH) I rise to tell my fellow Americans that House Barletta Flores Lankford Chandler Johnson (GA) Sa´ nchez, Linda Bartlett Forbes Latham Chu Johnson (IL) T. Republicans have declared a war on the holi- Barton (TX) Fortenberry LaTourette days. By refusing to allow an up or down vote Cicilline Jones Sanchez, Loretta Benishek Foxx Latta Clarke (MI) Kaptur Sarbanes Berg Franks (AZ) on the payroll tax cut extension passed by the Lewis (CA) Clarke (NY) Keating Schakowsky Biggert Frelinghuysen LoBiondo Senate, my Republican colleagues are putting Clay Kildee Schiff Bilbray Gallegly Long Cleaver Kind Schwartz lumps of coal in everyone’s Christmas stock- Bilirakis Gardner Lucas Clyburn Kissell Scott (VA) ings, and taking away their Hanukkah gelt. We Bishop (UT) Garrett Luetkemeyer Cohen Kucinich Scott, David Black Gerlach Lummis in Congress cannot in good conscience go Connolly (VA) Langevin Serrano Blackburn Gibbs Lungren, Daniel Conyers Larsen (WA) home for the holidays until we ensure that our Bonner Gingrey (GA) E. Sewell constituents can celebrate with their families Cooper Larson (CT) Sherman Bono Mack Gohmert Mack Costa Lee (CA) instead of feeling like the Grinch stole all their Boustany Goodlatte Manzullo Shuler Costello Levin Sires presents. Brady (TX) Gosar Marchant Courtney Lewis (GA) Brooks Gowdy Marino Slaughter We have a measure in place which nine out Critz Lipinski Smith (WA) Broun (GA) Granger McCarthy (CA) Crowley Loebsack Speier of every ten Senators—both Democrats and Bucshon Graves (GA) McCaul Cuellar Lofgren, Zoe Stark Republicans—agreed to. We have a measure Buerkle Graves (MO) McClintock Cummings Lowey Sutton Burgess Griffin (AR) McCotter Davis (CA) Luja´ n in place that the President, over his own wish- Thompson (CA) Burton (IN) Griffith (VA) McHenry Davis (IL) Lynch es, has said he will sign into law. We have a Thompson (MS) Calvert Grimm McKeon DeFazio Maloney measure that the majority of my Caucus is Camp Guinta McKinley DeGette Markey Tierney ready to support. Why are we waiting?! Campbell Guthrie McMorris DeLauro Matheson Tonko Mr. Speaker, today I urge to my colleagues Canseco Hall Rodgers Deutch Matsui Towns Cantor Hanna Meehan Dicks McCarthy (NY) Tsongas to join me in support of a true payroll tax cut Capito Harper Mica Dingell McCollum Van Hollen and unemployment extension. I urge them to Carter Harris Miller (FL) Doggett McDermott Vela´ zquez join me in supporting the Senate Amendment Cassidy Hartzler Miller (MI) Donnelly (IN) McGovern Visclosky Chabot Hastings (WA) Miller, Gary to H.R. 3630. I urge them to join members of Doyle McIntyre Walz (MN) Chaffetz Hayworth Mulvaney Edwards McNerney Wasserman their own Caucus, and most of all I urge them Coffman (CO) Heck Murphy (PA) Ellison Meeks Schultz to join the American public. Cole Hensarling Myrick Engel Michaud Waters Conaway Herger Neugebauer Eshoo Miller (NC) Watt We’ve been down this road before. What Cravaack Huelskamp Noem President Obama is for, the Republicans are Farr Miller, George Waxman Crawford Huizenga (MI) Nugent Fattah Moore Welch against; and whatever the President is Crenshaw Hultgren Nunes Flake Moran Wilson (FL) against, they are for. The Republicans are not Culberson Hunter Nunnelee Frank (MA) Murphy (CT) Wolf Davis (KY) Hurt Olson Fudge Nadler Yarmuth looking out for the American people, Mr. Denham Issa Palazzo Speaker—they are only looking out for their Dent Jenkins Paulsen NOT VOTING—11 own selfish interests and for their stated goal DesJarlais Johnson (OH) Pearce of defeating President Obama in 2012. Dold Johnson, Sam Pence Bachmann Filner Paul Dreier Jordan Petri Buchanan Giffords Schrader Let’s put an end to these games, Mr. Duffy Kelly Pitts Coble Johnson, E. B. Woolsey Speaker. Let’s not give 160 million Americans Duncan (SC) King (IA) Platts Diaz-Balart Olver

VerDate Mar 15 2010 03:18 Dec 21, 2011 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A20DE7.036 H20DEPT1 smartinez on DSK6TPTVN1PROD with HOUSE H9978 CONGRESSIONAL RECORD — HOUSE December 20, 2011 b 1256 responsible for 160 million Americans The SPEAKER pro tempore. The Mr. DAVIS of Illinois and Ms. HAHN seeing their taxes increase next year, time of the gentleman has again ex- changed their vote from ‘‘yea’’ to for 2.3 million people seeking jobs who pired. ‘‘nay.’’ will lose their unemployment lifeline Mr. HOYER. I yield myself an addi- So the motion was agreed to. by mid-February, and for 48 million tional minute. The result of the vote was announced Americans having their access to doc- To the innocent unemployed and to as above recorded. tors placed in jeopardy. the Medicare seniors who are seeking Those are the stakes. A motion to reconsider was laid on services from their doctors, we must America thought we had an agree- the table. not leave this work unfinished just ment this weekend. JOHN MCCAIN Stated against: days before the holidays and New Year. thought we had an agreement this Sat- Mr. FILNER. Mr. Speaker, on rollcall 946, I That’s what the Senate did. They gave urday—and yes, Speaker BOEHNER was away from the Capitol due to prior com- us time. They gave the American peo- thought we had an agreement on Sat- ple time. We ought to be bringing relief mitments to my constituents. Had I been urday. America thought there was rea- present, I would have voted ‘‘nay.’’ to middle class families who are in- son to hope that middle class Ameri- creasingly anxious about their futures f cans would be spared this entirely pre- during what should be a joyful and MOTION TO INSTRUCT CONFEREES ventable tax increase. hopeful holiday season. ON H.R. 3630, MIDDLE CLASS TAX I tell you, my friends, if this were We ought to pass the bipartisan Sen- RELIEF AND JOB CREATION ACT about the upper income tax increase, it ate bill. That’s what this motion to in- OF 2011 would pass like lightning in your con- struct says. That’s what the American ference—like lightning. But no. This is Mr. HOYER. Mr. Speaker, I have a people want to happen in Washington: about putting in jeopardy a middle to see us work together, come to agree- motion to instruct at the desk. class tax cut, and we could play polit- The SPEAKER pro tempore. The ment, act, bring certainty, stop the ical games with that. We’re now wit- blame game. We can send the bipar- Clerk will designate the motion. nessing the concluding convulsion of The Clerk designated the motion. tisan agreement to the President confrontation and obstruction in this today, and he will sign it. The SPEAKER pro tempore. Pursu- most unproductive, Tea Party-domi- ant to House Resolution 502, the mo- Vote ‘‘yes’’ on this motion to in- nated, partisan session of Congress. As struct. Vote for the American workers, tion is considered read. a result, Speaker BOEHNER decided he The text of the motion is as follows: the Medicare recipient, and the unem- wasn’t for the agreement. ployed. Vote for this motion to in- Mr. Hoyer moves that the managers on the Now let me tell you what Speaker struct. part of the House at the conference on the BOEHNER said 6 months ago, because Mr. Speaker, I yield the remainder of disagreeing votes of the two Houses on the there was a lot of talk about this 1- my time to my good friend from New Senate amendment to the bill H.R. 3630 be year extension. He called proposals to instructed to recede from disagreement to York, JOE CROWLEY, a member of the extend or expand the payroll tax cut at the Senate amendment. Ways and Means Committee. that point by a year ‘‘another little The SPEAKER pro tempore. Without The SPEAKER pro tempore. Pursu- short-term gimmick.’’ ant to clause 7 of rule XXII, the gen- Same rhetoric. Different cir- objection, the gentleman from New tleman from Maryland (Mr. HOYER) and cumstances. But both put at risk the York will control the time. the gentleman from Michigan (Mr. middle class. There was no objection. CAMP) each will control 30 minutes. The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. The The Chair recognizes the gentleman SIMPSON). The time of the gentleman Chair recognizes the gentleman from from Maryland. has expired. Michigan. Mr. HOYER. Mr. Speaker, I yield my- Mr. HOYER. I yield myself an addi- Mr. CAMP. Mr. Speaker, I rise in op- self 4 minutes. tional minute. position to the motion to instruct, and It is December 20, and the Repub- In Senate Republican Leader MCCON- I yield myself such time as I may con- licans are using it as a day to dis- NELL’s own words, ‘‘The compromise sume. semble, pretending to support a tax cut that you are rejecting today was de- I would just say to my good friend for working Americans while making it signed to pass.’’ from Maryland that we just voted on uncertain and delayed. In fact, the bill that you passed you the Senate amendment. It was rejected We, of course, as we all know, could knew was designed to fail. Because you by this House. pass the Senate bill by 2 o’clock today, knew it was going to fail, your Repub- Just yesterday, Minority Leader send it to the President, and provide lican leadership in the Senate objected PELOSI told the media, ‘‘I don’t think certainty to working Americans come to its being considered on the floor of we should go to conference.’’ In those January 1 that their taxes will not go the United States Senate, just as you same reports, the minority leader said up. have refused to consider the Senate’s that, if the House passes a motion to The choice, I suggest to all of you, is compromise on this floor. go to conference on the Middle Class not between 60 days and 1 year, because It did so in the Senate. That bill that Tax Relief and Job Creation Act, she at least we all say we’re for 1 year—we was designed to pass, according to Sen- would not appoint any House Demo- are for 1 year, we will support a 1-year ator MCCONNELL, did so in the Senate crats to participate in the negotia- extension—but we know the Senate has with overwhelming support from 83 tions. been unable to agree. So they sent us percent of Republicans and from every Set aside for a moment that a con- back an agreement that they could Democrat, including the entire Senate ference committee is the established agree on to give us 60 days to get to Republican leadership and the entire way for resolving differences between that 1 year. Democratic leadership. the House and the Senate. It’s an idea Instead, House Republicans refuse to Democrats, Mr. Speaker, are fighting that was best articulated by Thomas even bring the Senate’s bipartisan to prevent a painful tax increase for Jefferson, one of the Founding Fathers compromise to the floor. Eighty-nine the middle class. The way to do that is and someone who provided the founda- U.S. Senators voted for a compromise, to pass the Senate compromise while tion for the rules of this House. Set and you will not bring it to the floor. we continue to work on a yearlong ex- aside the fact that Democrats are, with You create uncertainty and anxiety tension. That’s what Senator REID said 2 weeks left before critical programs among the public. he’ll do, Mr. Speaker, and that’s what expire, refusing to work. Instead, let’s we’re prepared to do, Mr. Speaker. But just focus on what the leader of House b 1300 we don’t want to put at risk January 1 Democrats said. That is shameful and disappointing. coming and that tax cut disappearing. The minority leader declared that As a result, on January 1, if there is If they fail to pass the compromise, she would not appoint any House no agreement, those of you who vote to House Republicans will have to answer Democrats to a conference committee. send this to conference today and to the American people whose taxes Senate Majority Leader HARRY REID against this motion to instruct will be will go up. has echoed those same comments. So I

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