In the Senate of the United States, 

December 17, 2011. 

Resolved, That the bill from the House of Representatives (H.R. 3630) entitled ‘‘An Act to provide incentives for 

the creation of jobs, and for other purposes.’’, do pass with 

the following 

AMENDMENTS: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Temporary Payroll Tax Cut Continuation Act of 2011’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of this 

5 Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—TEMPORARY PAYROLL TAX RELIEF 

Sec. 101. Extension of payroll tax holiday. 

TITLE II—TEMPORARY EXTENSION OF UNEMPLOYMENT 

COMPENSATION PROVISIONS 

Sec. 201. Temporary extension of unemployment compensation provisions. 

Sec. 202. Extended unemployment benefits under the Railroad Unemployment Insurance Act. 
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TITLE III—TEMPORARY EXTENSION OF HEALTH PROVISIONS 

Sec. 301. Medicare physician payment update. 

Sec. 302. 2-month extension of MMA section 508 reclassifications. 

Sec. 303. Extension of Medicare work geographic adjustment floor. 

Sec. 304. Extension of exceptions process for Medicare therapy caps. 

Sec. 305. Extension of payment for technical component of certain physician pathology services. 

Sec. 306. Extension of ambulance add-ons. 

Sec. 307. Extension of physician fee schedule mental health add-on payment. 

Sec. 308. Extension of outpatient hold harmless provision. 

Sec. 309. Extending minimum payment for bone mass measurement. 

Sec. 310. Extension of the qualifying individual (QI) program. 

Sec. 311. Extension of Transitional Medical Assistance (TMA). 

Sec. 312. Extension of the temporary assistance for needy families program. 

TITLE IV—MORTGAGE FEES AND PREMIUMS 

Sec. 401. Guarantee Fees. 

Sec. 402. FHA guarantee fees. 

TITLE V—OTHER PROVISIONS 

Subtitle A—Keystone XL Pipeline 

Sec. 501. Permit for Keystone XL pipeline. 

Subtitle B—Budgetary Provisions 

Sec. 511. Senate point of order against an emergency designation. 

Sec. 512. PAYGO scorecard estimates. 

1 TITLE I—TEMPORARY PAYROLL 

2 TAX RELIEF 

3 SEC. 101. EXTENSION OF PAYROLL TAX HOLIDAY. 

4 (a) IN GENERAL.—Subsection (c) of section 601 of the 

5 Tax Relief, Unemployment Insurance Reauthorization, and 

6 Job Creation Act of 2010 (26 U.S.C. 1401 note) is amended 

7 to read as follows: 

8 ‘‘(c) PAYROLL TAX HOLIDAY PERIOD.—The term ‘pay9 roll tax holiday period’ means— 

10 ‘‘(1) in the case of the tax described in subsection 

11 (a)(1), calendar years 2011 and 2012, and 
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1 ‘‘(2) in the case of the taxes described in sub2 section (a)(2), the period beginning January 1, 2011, 

3 and ending February 29, 2012.’’. 

4 (b) SPECIAL RULES FOR 2012.—Section 601 of such 

5 Act (26 U.S.C. 1401 note) is amended by adding at the 

6 end the following new subsection: 

7 ‘‘(f) SPECIAL RULES FOR 2012.— 

8 ‘‘(1) LIMITATION ON WAGES AND SELF-EMPLOY9 MENT INCOME.—In the case of— 

10 ‘‘(A) any taxable year beginning in 2012, 

11 subsection (a)(1) shall only apply with respect to 

12 so much of the taxpayer’s self-employment in13 come (as defined in section 1402(b) of the Inter14 nal Revenue Code of 1986) as does not exceed the 

15 excess (if any) of— 

16 ‘‘(i) $18,350, over 

17 ‘‘(ii) the amount of wages and com18 pensation taken into account under sub19 paragraph (B), and 

20 ‘‘(B) any remuneration received during the 

21 portion of the payroll tax holiday period occur22 ring during 2012, subsection (a)(2) shall only 

23 apply to so much of the sum of the taxpayer’s 

24 wages (as defined in section 3121(a) of such 
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1 Code) and compensation (as defined section 

2 3231(e) of such Code) as does not exceed $18,350. 

3 ‘‘(2) COORDINATION WITH DEDUCTION FOR EM4 PLOYMENT TAXES.—In the case of a taxable year be5 ginning in 2012, subparagraph (A) of subsection 

6 (b)(2) shall be applied as if it read as follows: 

7 ‘‘ ‘(A) the sum of— 

8 ‘‘ ‘(i) 59.6 percent of the portion of 

9 such taxes attributable to the tax imposed 

10 by section 1401(a) of such Code (determined 

11 after the application of this section) on so 

12 much of self-employment income (as defined 

13 in section 1402(b) of such Code) as does not 

14 exceed the amount of self-employment in15 come described in paragraph (1)(A), plus 

16 ‘‘ ‘(ii) one-half of the portion of such 

17 taxes attributable to the tax imposed by sec18 tion 1401(a) of such Code (determined with19 out regard to this section) on self-employ20 ment income (as so defined) in excess of 

21 such amount, plus’.’’ 

22 (c) TECHNICAL AMENDMENTS.—Paragraph (2) of sec23 tion 601(b) of such Act (26 U.S.C. 1401 note) is amended— 

24 (1) by inserting ‘‘of such Code’’ after ‘‘164(f)’’, 
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1 (2) by inserting ‘‘of such Code’’ after ‘‘1401(a)’’ 

2 in subparagraph (A), and 

3 (3) by inserting ‘‘of such Code’’ after ‘‘1401(b)’’ 

4 in subparagraph (B). 

5 (d) EFFECTIVE DATES.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the amendments made by this section shall 

8 apply to remuneration received, and taxable years be9 ginning, after December 31, 2011. 

10 (2) TECHNICAL AMENDMENTS.—The amendments 

11 made by subsection (c) shall take effect as if included 

12 in the enactment of section 601 of the Tax Relief, Un13 employment Insurance Reauthorization, and Job Cre14 ation Act of 2010. 

15 TITLE II—TEMPORARY EXTEN16 SION OF UNEMPLOYMENT 

17 COMPENSATION PROVISIONS 

18 SEC. 201. TEMPORARY EXTENSION OF UNEMPLOYMENT 

19 COMPENSATION PROVISIONS. 

20 (a) IN GENERAL.—(1) Section 4007 of the Supple21 mental Appropriations Act, 2008 (Public Law 110–252; 26 

22 U.S.C. 3304 note) is amended— 

23 (A) by striking ‘‘January 3, 2012’’ each place it 

24 appears and inserting ‘‘March 6, 2012’’; 
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1 (B) in the heading for subsection (b)(2), by strik2 ing ‘‘JANUARY 3, 2012’’ and inserting ‘‘MARCH 6, 2012’’; 

3 and 

4 (C) in subsection (b)(3), by striking ‘‘June 9, 

5 2012’’ and inserting ‘‘August 15, 2012’’. 

6 (2) Section 2005 of the Assistance for Unemployed 

7 Workers and Struggling Families Act, as contained in Pub8 lic Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 444), is 

9 amended— 

10 (A) by striking ‘‘January 4, 2012’’ each place it 

11 appears and inserting ‘‘March 7, 2012’’; and 

12 (B) in subsection (c), by striking ‘‘June 11, 

13 2012’’ and inserting ‘‘August 15, 2012’’. 

14 (3) Section 5 of the Unemployment Compensation Ex15 tension Act of 2008 (Public Law 110–449; 26 U.S.C. 3304 

16 note) is amended by striking ‘‘June 10, 2012’’ and inserting 

17 ‘‘August 15, 2012’’. 

18 (4) Section 203 of the Federal-State Extended Unem19 ployment Compensation Act of 1970 (26 U.S.C. 3304 note) 

20 is amended— 

21 (A) in subsection (d), in the second sentence of 

22 the flush matter following paragraph (2), by striking 

23 ‘‘December 31, 2011’’ and inserting ‘‘February 29, 

24 2012’’; and 
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1 (B) in subsection (f)(2), by striking ‘‘December 

2 31, 2011’’ and inserting ‘‘February 29, 2012’’. 

3 (b) FUNDING.—Section 4004(e)(1) of the Supplemental 

4 Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 

5 3304 note) is amended— 

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

7 the end; and 

8 (2) by inserting after subparagraph (G) the fol9 lowing: 

10 ‘‘(H) the amendments made by section 

11 201(a)(1) of the Temporary Payroll Tax Cut 

12 Continuation Act of 2011; and’’. 

13 (c) EFFECTIVE DATE.—The amendments made by this 

14 section shall take effect as if included in the enactment of 

15 the Tax Relief, Unemployment Insurance Reauthorization, 

16 and Job Creation Act of 2010 (Public Law 111–312). 

17 SEC. 202. EXTENDED UNEMPLOYMENT BENEFITS UNDER 

18 THE RAILROAD UNEMPLOYMENT INSURANCE 

19 ACT. 

20 (a) EXTENSION.—Section 2(c)(2)(D)(iii) of the Rail21 road Unemployment Insurance Act, as added by section 

22 2006 of the American Recovery and Reinvestment Act of 

23 2009 (Public Law 111–5) and as amended by section 9 of 

24 the Worker, Homeownership, and Business Assistance Act 

25 of 2009 (Public Law 111–92) and section 505 of the Tax 
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1 Relief, Unemployment Insurance Reauthorization, and Job 

2 Creation Act of 2010 (Public Law 111–312), is amended— 

3 (1) by striking ‘‘June 30, 2011’’ and inserting 

4 ‘‘August 31, 2011’’; and 

5 (2) by striking ‘‘December 31, 2011’’ and insert6 ing ‘‘February 29, 2012’’. 

7 (b) CLARIFICATION ON AUTHORITY TO USE FUNDS.— 

8 Funds appropriated under either the first or second sen9 tence of clause (iv) of section 2(c)(2)(D) of the Railroad Un10 employment Insurance Act shall be available to cover the 

11 cost of additional extended unemployment benefits provided 

12 under such section 2(c)(2)(D) by reason of the amendments 

13 made by subsection (a) as well as to cover the cost of such 

14 benefits provided under such section 2(c)(2)(D), as in effect 

15 on the day before the date of the enactment of this Act. 

16 TITLE III—TEMPORARY EXTEN17 SION OF HEALTH PROVISIONS 

18 SEC. 301. MEDICARE PHYSICIAN PAYMENT UPDATE. 

19 Section 1848(d) of the Social Security Act (42 U.S.C. 

20 1395w–4(d)) is amended by adding at the end the following 

21 new paragraph: 

22 ‘‘(13) UPDATE FOR FIRST TWO MONTHS OF

23 2012.— 

24 ‘‘(A) IN GENERAL.—Subject to paragraphs 

25 (7)(B), (8)(B), (9)(B), (10)(B), (11)(B), and 
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1 (12)(B), in lieu of the update to the single con2 version factor established in paragraph (1)(C) 

3 that would otherwise apply for the period begin4 ning on January 1, 2012, and ending on Feb5 ruary 29, 2012, the update to the single conver6 sion factor shall be zero percent. 

7 ‘‘(B) NO EFFECT ON COMPUTATION OF CON8 VERSION FACTOR FOR REMAINING PORTION OF

9 2012 AND SUBSEQUENT YEARS.—The conversion 

10 factor under this subsection shall be computed 

11 under paragraph (1)(A) for the period beginning 

12 on March 1, 2012, and ending on December 31, 

13 2012, and for 2013 and subsequent years as if 

14 subparagraph (A) had never applied.’’. 

15 SEC. 302. 2-MONTH EXTENSION OF MMA SECTION 508 RE16 CLASSIFICATIONS. 

17 (a) IN GENERAL.—Section 106(a) of division B of the 

18 Tax Relief and Health Care Act of 2006 (42 U.S.C. 1395 

19 note), as amended by section 117 of the Medicare, Medicaid, 

20 and SCHIP Extension Act of 2007 (Public Law 110–173), 

21 section 124 of the Medicare Improvements for Patients and 

22 Providers Act of 2008 (Public Law 110–275), sections 

23 3137(a) and 10317 of the Patient Protection and Affordable 

24 Care Act (Public Law 111–148), and section 102(a) of the 

25 Medicare and Medicaid Extenders Act of 2010 (Public Law 
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1 111–309), is amended by striking ‘‘September 30, 2011’’ 

2 and inserting ‘‘November 30, 2011’’. 

3 (b) SPECIAL RULE FOR OCTOBER AND NOVEMBER

4 2011.— 

5 (1) IN GENERAL.—Subject to paragraph (2), for 

6 purposes of implementation of the amendment made 

7 by subsection (a), including for purposes of the imple8 mentation of paragraph (2) of section 117(a) of the 

9 Medicare, Medicaid, and SCHIP Extension Act of 

10 2007 (Public Law 110–173), for the period beginning 

11 on October 1, 2011, and ending on November 30, 

12 2011, the Secretary of Health and Human Services 

13 shall use the hospital wage index that was promul14 gated by the Secretary of Health and Human Services 

15 in the Federal Register on August 18, 2011 (76 Fed. 

16 Reg. 51476), and any subsequent corrections. 

17 (2) EXCEPTION.—In determining the wage index 

18 applicable to hospitals that qualify for wage index re19 classification, the Secretary shall, for the period be20 ginning on October 1, 2011, and ending on November 

21 30, 2011, include the average hourly wage data of 

22 hospitals whose reclassification was extended pursu23 ant to the amendment made by subsection (a) only if 

24 including such data results in a higher applicable re25 classified wage index. Any revision to hospital wage 
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1 indexes made as a result of this paragraph shall not 

2 be effected in a budget neutral manner. 

3 (c) TIMEFRAME FOR PAYMENTS.—The Secretary shall 

4 make payments required under subsections (a) and (b) by 

5 not later than December 31, 2012. 

6 SEC. 303. EXTENSION OF MEDICARE WORK GEOGRAPHIC 

7 ADJUSTMENT FLOOR. 

8 Section 1848(e)(1)(E) of the Social Security Act (42 

9 U.S.C. 1395w–4(e)(1)(E)) is amended by striking ‘‘before 

10 January 1, 2012’’ and inserting ‘‘before March 1, 2012’’. 

11 SEC. 304. EXTENSION OF EXCEPTIONS PROCESS FOR MEDI12 CARE THERAPY CAPS. 

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

14 U.S.C. 1395l(g)(5)) is amended by striking ‘‘December 31, 

15 2011’’ and inserting ‘‘February 29, 2012’’. 

16 SEC. 305. EXTENSION OF PAYMENT FOR TECHNICAL COM17 PONENT OF CERTAIN PHYSICIAN PATHOLOGY 

18 SERVICES. 

19 Section 542(c) of the Medicare, Medicaid, and SCHIP 

20 Benefits Improvement and Protection Act of 2000 (as en21 acted into law by section 1(a)(6) of Public Law 106–554), 

22 as amended by section 732 of the Medicare Prescription 

23 Drug, Improvement, and Modernization Act of 2003 (42 

24 U.S.C. 1395w–4 note), section 104 of division B of the Tax 

25 Relief and Health Care Act of 2006 (42 U.S.C. 1395w–4 
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1 note), section 104 of the Medicare, Medicaid, and SCHIP 

2 Extension Act of 2007 (Public Law 110–173), section 136 

3 of the Medicare Improvements for Patients and Providers 

4 Act of 2008 (Public Law 110–275), section 3104 of the Pa5 tient Protection and Affordable Care Act (Public Law 111– 

6 148), and section 105 of the Medicare and Medicaid Ex7 tenders Act of 2010 (Public Law 111–309), is amended by 

8 striking ‘‘and 2011’’ and inserting ‘‘2011, and the first two 

9 months of 2012’’. 

10 SEC. 306. EXTENSION OF AMBULANCE ADD-ONS. 

11 (a) GROUND AMBULANCE.—Section 1834(l)(13)(A) of 

12 the Social Security Act (42 U.S.C. 1395m(l)(13)(A)) is 

13 amended— 

14 (1) in the matter preceding clause (i), by strik15 ing ‘‘January 1, 2012’’ and inserting ‘‘March 1, 

16 2012’’; and 

17 (2) in each of clauses (i) and (ii), by striking 

18 ‘‘January 1, 2012’’ and inserting ‘‘March 1, 2012’’ 

19 each place it appears. 

20 (b) AIR AMBULANCE.—Section 146(b)(1) of the Medi21 care Improvements for Patients and Providers Act of 2008 

22 (Public Law 110–275), as amended by sections 3105(b) and 

23 10311(b) of Public Law 111–148 and section 106(b) of the 

24 Medicare and Medicaid Extenders Act of 2010 (Public Law 
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1 111–309), is amended by striking ‘‘December 31, 2011’’ and 

2 inserting ‘‘February 29, 2012’’. 

3 (c) SUPER RURAL AMBULANCE.—Section 

4 1834(l)(12)(A) of the Social Security Act (42 U.S.C. 

5 1395m(l)(12)(A)) is amended by striking ‘‘January 1, 

6 2012’’ and inserting ‘‘March 1, 2012’’. 

7 SEC. 307. EXTENSION OF PHYSICIAN FEE SCHEDULE MEN8 TAL HEALTH ADD-ON PAYMENT. 

9 Section 138(a)(1) of the Medicare Improvements for 

10 Patients and Providers Act of 2008 (Public Law 110–275), 

11 as amended by section 3107 of the Patient Protection and 

12 Affordable Care Act (Public Law 111–148) and section 107 

13 of the Medicare and Medicaid Extenders Act of 2010 (Public 

14 Law 111–309), is amended by striking ‘‘December 31, 

15 2011’’ and inserting ‘‘February 29, 2012’’. 

16 SEC. 308. EXTENSION OF OUTPATIENT HOLD HARMLESS 

17 PROVISION. 

18 Section 1833(t)(7)(D)(i) of the Social Security Act (42 

19 U.S.C. 1395l(t)(7)(D)(i)), as amended by section 3121(a) 

20 of the Patient Protection and Affordable Care Act (Public 

21 Law 111–148) and section 108 of the Medicare and Med22 icaid Extenders Act of 2010 (Public Law 111–309), is 

23 amended— 

24 (1) in subclause (II)— 
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1 (A) in the first sentence, by striking ‘‘Janu2 ary 1, 2012’’ and inserting ‘‘March 1, 2012’’; 

3 and 

4 (B) in the second sentence, by striking ‘‘or 

5 2011’’ and inserting ‘‘2011, or the first two 

6 months of 2012’’; and 

7 (2) in subclause (III)— 

8 (A) in the first sentence, by striking ‘‘2009, 

9 and’’ and all that follows through ‘‘for which’’ 

10 and inserting ‘‘2009, and before March 1, 2012, 

11 for which’’; and 

12 (B) in the second sentence, by striking 

13 ‘‘2010, and’’ and all that follows through ‘‘the 

14 preceding’’ and inserting ‘‘2010, and before 

15 March 1, 2012, the preceding’’. 

16 SEC. 309. EXTENDING MINIMUM PAYMENT FOR BONE MASS 

17 MEASUREMENT. 

18 Section 1848 of the Social Security Act (42 U.S.C. 

19 1395w–4) is amended— 

20 (1) in subsection (b)— 

21 (A) in paragraph (4)(B), by striking ‘‘and 

22 2011’’ and inserting ‘‘, 2011, and the first 2 

23 months of 2012’’; and 

24 (B) in paragraph (6)— 
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1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘and 2011’’ and in3 serting ‘‘, 2011, and the first 2 months of 

4 2012’’; and 

5 (ii) in subparagraph (C), by striking 

6 ‘‘and 2011’’ and inserting ‘‘, 2011, and the 

7 first 2 months of 2012’’; and 

8 (2) in subsection (c)(2)(B)(iv)(IV), by striking 

9 ‘‘or 2011’’ and inserting ‘‘, 2011, or the first 2 

10 months of 2012’’. 

11 SEC. 310. EXTENSION OF THE QUALIFYING INDIVIDUAL (QI) 

12 PROGRAM. 

13 (a) EXTENSION.—Section 1902(a)(10)(E)(iv) of the 

14 Social Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is 

15 amended by striking ‘‘December 2011’’ and inserting ‘‘Feb16 ruary 2012’’. 

17 (b) EXTENDING TOTAL AMOUNT AVAILABLE FOR AL18 LOCATION.—Section 1933(g) of such Act (42 U.S.C. 1396u– 

19 3(g)) is amended— 

20 (1) in paragraph (2)— 

21 (A) by striking ‘‘and’’ at the end of sub22 paragraph (O); 

23 (B) in subparagraph (P), by striking the 

24 period at the end and inserting ‘‘; and’’; and 
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1 (C) by adding at the end the following new 

2 subparagraphs: 

3 ‘‘(Q) for the period that begins on January 

4 1, 2012, and ends on February 29, 2012, the 

5 total allocation amount is $150,000,000.’’. 

6 SEC. 311. EXTENSION OF TRANSITIONAL MEDICAL ASSIST7 ANCE (TMA). 

8 Sections 1902(e)(1)(B) and 1925(f) of the Social Secu9 rity Act (42 U.S.C. 1396a(e)(1)(B), 1396r–6(f)) are each 

10 amended by striking ‘‘December 31, 2011’’ and inserting 

11 ‘‘February 29, 2012’’. 

12 SEC. 312. EXTENSION OF THE TEMPORARY ASSISTANCE 

13 FOR NEEDY FAMILIES PROGRAM. 

14 Activities authorized by part A of title IV and section 

15 1108(b) of the Social Security Act (other than under sub16 sections (a)(3) and (b) of section 403 of such Act) shall con17 tinue through February 29, 2012, in the manner authorized 

18 for fiscal year 2011, and out of any money in the Treasury 

19 of the United States not otherwise appropriated, there are 

20 hereby appropriated such sums as may be necessary for 

21 such purpose. Grants and payments may be made pursuant 

22 to this authority through the applicable portion of the sec23 ond quarter of fiscal year 2012 at the pro rata portion of 

24 the level provided for such activities through the second 

25 quarter of fiscal year 2011. 
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1 TITLE IV—MORTGAGE FEES AND 

2 PREMIUMS 

3 SEC. 401. GUARANTEE FEES. 

4 Subpart A of part 2 of subtitle A of title XIII of the 

5 Housing and Community Development Act of 1992 is 

6 amended by adding after section 1326 (12 U.S.C. 4546) the 

7 following new section: 

8 ‘‘SEC. 1327. ENTERPRISE GUARANTEE FEES. 

9 ‘‘(a) DEFINITIONS.—For purposes of this section, the 

10 following definitions shall apply: 

11 ‘‘(1) GUARANTEE FEE.—The term ‘guarantee 

12 fee’— 

13 ‘‘(A) means a fee described in subsection 

14 (b); and 

15 ‘‘(B) includes— 

16 ‘‘(i) the guaranty fee charged by the 

17 Federal National Mortgage Association with 

18 respect to mortgage-backed securities; and 

19 ‘‘(ii) the management and guarantee 

20 fee charged by the Federal Home Loan 

21 Mortgage Corporation with respect to par22 ticipation certificates. 

23 ‘‘(2) AVERAGE FEES.—The term ‘average fees’ 

24 means the average contractual fee rate of single-fam25 ily guaranty arrangements by an enterprise entered 
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1 into during 2011, plus the recognition of any up-front 

2 cash payments over an estimated average life, ex3 pressed in terms of basis points. Such definition shall 

4 be interpreted in a manner consistent with the an5 nual report on guarantee fees by the Federal Housing 

6 Finance Agency. 

7 ‘‘(b) INCREASE.— 

8 ‘‘(1) IN GENERAL.— 

9 ‘‘(A) PHASED INCREASE REQUIRED.—Sub10 ject to subsection (c), the Director shall require 

11 each enterprise to charge a guarantee fee in con12 nection with any guarantee of the timely pay13 ment of principal and interest on securities, 

14 notes, and other obligations based on or backed 

15 by mortgages on residential real properties de16 signed principally for occupancy of from 1 to 4 

17 families, consummated after the date of enact18 ment of this section. 

19 ‘‘(B) AMOUNT.—The amount of the increase 

20 required under this section shall be determined 

21 by the Director to appropriately reflect the risk 

22 of loss, as well the cost of capital allocated to 

23 similar assets held by other fully private regu24 lated financial institutions, but such amount 

25 shall be not less than an average increase of 10 
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1 basis points for each origination year or book 

2 year above the average fees imposed in 2011 for 

3 such guarantees. The Director shall prohibit an 

4 enterprise from offsetting the cost of the fee to 

5 mortgage originators, borrowers, and investors 

6 by decreasing other charges, fees, or premiums, 

7 or in any other manner. 

8 ‘‘(2) AUTHORITY TO LIMIT OFFER OF GUAR9 ANTEE.—The Director shall prohibit an enterprise 

10 from consummating any offer for a guarantee to a 

11 lender for mortgage-backed securities, if— 

12 ‘‘(A) the guarantee is inconsistent with the 

13 requirements of this section; or 

14 ‘‘(B) the risk of loss is allowed to increase, 

15 through lowering of the underwriting standards 

16 or other means, for the primary purpose of meet17 ing the requirements of this section. 

18 ‘‘(3) DEPOSIT IN TREASURY.—Amounts received 

19 from fee increases imposed under this section shall be 

20 deposited directly into the United States Treasury, 

21 and shall be available only to the extent provided in 

22 subsequent appropriations Acts. The fees charged pur23 suant to this section shall not be considered a reim24 bursement to the Federal Government for the costs or 

25 subsidy provided to an enterprise. 
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1 ‘‘(c) PHASE-IN.— 

2 ‘‘(1) IN GENERAL.—The Director may provide 

3 for compliance with subsection (b) by allowing each 

4 enterprise to increase the guarantee fee charged by the 

5 enterprise gradually over the 2-year period beginning 

6 on the date of enactment of this section, in a manner 

7 sufficient to comply with this section. In determining 

8 a schedule for such increases, the Director shall— 

9 ‘‘(A) provide for uniform pricing among 

10 lenders; 

11 ‘‘(B) provide for adjustments in pricing 

12 based on risk levels; and 

13 ‘‘(C) take into consideration conditions in 

14 financial markets. 

15 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 

16 subsection shall be interpreted to undermine the min17 imum increase required by subsection (b). 

18 ‘‘(d) INFORMATION COLLECTION AND ANNUAL ANAL19 YSIS.—The Director shall require each enterprise to provide 

20 to the Director, as part of its annual report submitted to 

21 Congress— 

22 ‘‘(1) a description of— 

23 ‘‘(A) changes made to up-front fees and an24 nual fees as part of the guarantee fees negotiated 

25 with lenders; 
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1 ‘‘(B) changes to the riskiness of the new bor2 rowers compared to previous origination years 

3 or book years; and 

4 ‘‘(C) any adjustments required to improve 

5 for future origination years or book years, in 

6 order to be in complete compliance with sub7 section (b); and 

8 ‘‘(2) an assessment of how the changes in the 

9 guarantee fees described in paragraph (1) met the re10 quirements of subsection (b). 

11 ‘‘(e) ENFORCEMENT.— 

12 ‘‘(1) REQUIRED ADJUSTMENTS.—Based on the 

13 information from subsection (d) and any other infor14 mation the Director deems necessary, the Director 

15 shall require an enterprise to make adjustments in its 

16 guarantee fee in order to be in compliance with sub17 section (b). 

18 ‘‘(2) NONCOMPLIANCE PENALTY.—An enterprise 

19 that has been found to be out of compliance with sub20 section (b) for any 2 consecutive years shall be pre21 cluded from providing any guarantee for a period, de22 termined by rule of the Director, but in no case less 

23 than 1 year. 

24 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in this 

25 subsection shall be interpreted as preventing the Di-
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1 rector from initiating and implementing an enforce2 ment action against an enterprise, at a time the Di3 rector deems necessary, under other existing enforce4 ment authority. 

5 ‘‘(f) EXPIRATION.—The provisions of this section shall 

6 expire on October 1, 2021.’’. 

7 SEC. 402. FHA GUARANTEE FEES. 

8 (a) AMENDMENT.—Section 203(c)(2) of the National 

9 Housing Act (12 U.S.C. 1709(c)(2)) is amended by adding 

10 at the end the following: 

11 ‘‘(C)(i) In addition to the premiums under sub12 paragraphs (A) and (B), the Secretary shall establish 

13 and collect annual premium payments for any mort14 gage for which the Secretary collects an annual pre15 mium payment under subparagraph (B), in an 

16 amount described in clause (ii). 

17 ‘‘(ii)(I) Subject to subclause (II), with respect to 

18 a mortgage, the amount described in this clause is 10 

19 basis points of the remaining insured principal bal20 ance (excluding the portion of the remaining balance 

21 attributable to the premium collected under subpara22 graph (A) and without taking into account delinquent 

23 payments or prepayments). 

24 ‘‘(II) During the 2-year period beginning on the 

25 date of enactment of this subparagraph, the Secretary 
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1 shall increase the number of basis points of the an2 nual premium payment collected under this subpara3 graph incrementally, as determined appropriate by 

4 the Secretary, until the number of basis points of the 

5 annual premium payment collected under this sub6 paragraph is equal to the number described in sub7 clause (I).’’. 

8 (b) PROSPECTIVE REPEAL.—Section 203(c)(2) of the 

9 National Housing Act (12 U.S.C. 1709(c)(2)) is amended 

10 by striking subparagraph (C), as added by subsection (a), 

11 effective on October 1, 2021. 

12 (c) REPORT REQUIRED.—Not later than 30 days be13 fore the date on which the Secretary of Housing and Urban 

14 Development makes a determination under subsection 

15 (b)(2), the Secretary shall submit to the Committee on 

16 Banking, Housing, and Urban Affairs of the Senate and 

17 the Committee on Financial Services of the House of Rep18 resentatives a report that— 

19 (1) explains the basis for the determination; and 

20 (2) identifies the date on which the Secretary 

21 plans to make the determination. 
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1 TITLE V—OTHER PROVISIONS 

2 Subtitle A—Keystone XL Pipeline 

3 SEC. 501. PERMIT FOR KEYSTONE XL PIPELINE. 

4 (a) IN GENERAL.—Except as provided in subsection 

5 (b), not later than 60 days after the date of enactment of 

6 this Act, the President, acting through the Secretary of 

7 State, shall grant a permit under Executive Order 13337 

8 (3 U.S.C. 301 note; relating to issuance of permits with 

9 respect to certain energy-related facilities and land trans10 portation crossings on the international boundaries of the 

11 United States) for the Keystone XL pipeline project appli12 cation filed on September 19, 2008 (including amend13 ments). 

14 (b) EXCEPTION.— 

15 (1) IN GENERAL.—The President shall not be re16 quired to grant the permit under subsection (a) if the 

17 President determines that the Keystone XL pipeline 

18 would not serve the national interest. 

19 (2) REPORT.—If the President determines that 

20 the Keystone XL pipeline is not in the national inter21 est under paragraph (1), the President shall, not later 

22 than 15 days after the date of the determination, sub23 mit to the Committee on Foreign Relations of the 

24 Senate, the Committee on Foreign Affairs of the 

25 House of Representatives, the majority leader of the 
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1 Senate, the minority leader of the Senate, the Speaker 

2 of the House of Representatives, and the minority 

3 leader of the House of Representatives a report that 

4 provides a justification for determination, including 

5 consideration of economic, employment, energy secu6 rity, foreign policy, trade, and environmental factors. 

7 (3) EFFECT OF NO FINDING OR ACTION.—If a de8 termination is not made under paragraph (1) and no 

9 action is taken by the President under subsection (a) 

10 not later than 60 days after the date of enactment of 

11 this Act, the permit for the Keystone XL pipeline de12 scribed in subsection (a) that meets the requirements 

13 of subsections (c) and (d) shall be in effect by oper14 ation of law. 

15 (c) REQUIREMENTS.—The permit granted under sub16 section (a) shall require the following: 

17 (1) The permittee shall comply with all applica18 ble Federal and State laws (including regulations) 

19 and all applicable industrial codes regarding the con20 struction, connection, operation, and maintenance of 

21 the United States facilities. 

22 (2) The permittee shall obtain all requisite per23 mits from Canadian authorities and relevant Federal, 

24 State, and local governmental agencies. 
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1 (3) The permittee shall take all appropriate 

2 measures to prevent or mitigate any adverse environ3 mental impact or disruption of historic properties in 

4 connection with the construction, operation, and 

5 maintenance of the United States facilities. 

6 (4) For the purpose of the permit issued under 

7 subsection (a) (regardless of any modifications under 

8 subsection (d))— 

9 (A) the final environmental impact state10 ment issued by the Secretary of State on August 

11 26, 2011, satisfies all requirements of the Na12 tional Environmental Policy Act of 1969 (42 

13 U.S.C. 4321 et seq.) and section 106 of the Na14 tional Historic Preservation Act (16 U.S.C. 

15 470f); 

16 (B) any modification required by the Sec17 retary of State to the Plan described in para18 graph (5)(A) shall not require supplementation 

19 of the final environmental impact statement de20 scribed in that paragraph; and 

21 (C) no further Federal environmental re22 view shall be required. 

23 (5) The construction, operation, and mainte24 nance of the facilities shall be in all material respects 
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1 similar to that described in the application described 

2 in subsection (a) and in accordance with— 

3 (A) the construction, mitigation, and rec4 lamation measures agreed to by the permittee in 

5 the Construction Mitigation and Reclamation 

6 Plan found in appendix B of the final environ7 mental impact statement issued by the Secretary 

8 of State on August 26, 2011, subject to the modi9 fication described in subsection (d); 

10 (B) the special conditions agreed to between 

11 the permittee and the Administrator of the Pipe12 line Hazardous Materials Safety Administration 

13 of the Department of Transportation found in 

14 appendix U of the final environmental impact 

15 statement described in subparagraph (A); 

16 (C) if the modified route submitted by the 

17 Governor of Nebraska under subsection (d)(3)(B) 

18 crosses the Sand Hills region, the measures 

19 agreed to by the permittee for the Sand Hills re20 gion found in appendix H of the final environ21 mental impact statement described in subpara22 graph (A); and 

23 (D) the stipulations identified in appendix 

24 S of the final environmental impact statement 

25 described in subparagraph (A). 
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1 (6) Other requirements that are standard indus2 try practice or commonly included in Federal permits 

3 that are similar to a permit issued under subsection 

4 (a). 

5 (d) MODIFICATION.—The permit issued under sub6 section (a) shall require— 

7 (1) the reconsideration of routing of the Keystone 

8 XL pipeline within the State of Nebraska; 

9 (2) a review period during which routing within 

10 the State of Nebraska may be reconsidered and the 

11 route of the Keystone XL pipeline through the State 

12 altered with any accompanying modification to the 

13 Plan described in subsection (c)(5)(A); and 

14 (3) the President— 

15 (A) to coordinate review with the State of 

16 Nebraska and provide any necessary data and 

17 reasonable technical assistance material to the 

18 review process required under this subsection; 

19 and 

20 (B) to approve the route within the State of 

21 Nebraska that has been submitted to the Sec22 retary of State by the Governor of Nebraska. 

23 (e) EFFECT OF NO APPROVAL.—If the President does 

24 not approve the route within the State of Nebraska sub25 mitted by the Governor of Nebraska under subsection 
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1 (d)(3)(B) not later than 10 days after the date of submis2 sion, the route submitted by the Governor of Nebraska under 

3 subsection (d)(3)(B) shall be considered approved, pursuant 

4 to the terms of the permit described in subsection (a) that 

5 meets the requirements of subsection (c) and this subsection, 

6 by operation of law. 

7 (f) PRIVATE PROPERTY SAVINGS CLAUSE.—Nothing 

8 in this section alters the Federal, State, or local processes 

9 or conditions in effect on the date of enactment of this Act 

10 that are necessary to secure access from private property 

11 owners to construct the Keystone XL pipeline. 

12 Subtitle B—Budgetary Provisions 

13 SEC. 511. SENATE POINT OF ORDER AGAINST AN EMER14 GENCY DESIGNATION. 

15 Section 314 of the Congressional Budget Act of 1974 

16 is amended by— 

17 (1) redesignating subsection (e) as subsection (f); 

18 and 

19 (2) inserting after subsection (d) the following: 

20 ‘‘(e) SENATE POINT OF ORDER AGAINST AN EMER21 GENCY DESIGNATION.— 

22 ‘‘(1) IN GENERAL.—When the Senate is consid23 ering a bill, resolution, amendment, motion, amend24 ment between the Houses, or conference report, if a 

25 point of order is made by a Senator against an emer-
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1 gency designation in that measure, that provision 

2 making such a designation shall be stricken from the 

3 measure and may not be offered as an amendment 

4 from the floor. 

5 ‘‘(2) SUPERMAJORITY WAIVER AND APPEALS.— 

6 ‘‘(A) WAIVER.—Paragraph (1) may be 

7 waived or suspended in the Senate only by an 

8 affirmative vote of three-fifths of the Members, 

9 duly chosen and sworn. 

10 ‘‘(B) APPEALS.—Appeals in the Senate 

11 from the decisions of the Chair relating to any 

12 provision of this subsection shall be limited to 1 

13 hour, to be equally divided between, and con14 trolled by, the appellant and the manager of the 

15 bill or joint resolution, as the case may be. An 

16 affirmative vote of three-fifths of the Members of 

17 the Senate, duly chosen and sworn, shall be re18 quired to sustain an appeal of the ruling of the 

19 Chair on a point of order raised under this sub20 section. 

21 ‘‘(3) DEFINITION OF AN EMERGENCY DESIGNA22 TION.—For purposes of paragraph (1), a provision 

23 shall be considered an emergency designation if it des24 ignates any item pursuant to section 251(b)(2)(A)(i) 
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1 of the Balanced Budget and Emergency Deficit Con2 trol Act of 1985. 

3 ‘‘(4) FORM OF THE POINT OF ORDER.—A point 

4 of order under paragraph (1) may be raised by a 

5 Senator as provided in section 313(e) of the Congres6 sional Budget Act of 1974. 

7 ‘‘(5) CONFERENCE REPORTS.—When the Senate 

8 is considering a conference report on, or an amend9 ment between the Houses in relation to, a bill, upon 

10 a point of order being made by any Senator pursuant 

11 to this section, and such point of order being sus12 tained, such material contained in such conference re13 port shall be deemed stricken, and the Senate shall 

14 proceed to consider the question of whether the Senate 

15 shall recede from its amendment and concur with a 

16 further amendment, or concur in the House amend17 ment with a further amendment, as the case may be, 

18 which further amendment shall consist of only that 

19 portion of the conference report or House amendment, 

20 as the case may be, not so stricken. Any such motion 

21 in the Senate shall be debatable. In any case in which 

22 such point of order is sustained against a conference 

23 report (or Senate amendment derived from such con24 ference report by operation of this subsection), no fur25 ther amendment shall be in order.’’. 
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1 SEC. 512. PAYGO SCORECARD ESTIMATES. 

2 The budgetary effects of this Act shall not be entered 

3 on either PAYGO scorecard maintained pursuant to section 

4 4(d) of the Statutory Pay-As-You-Go Act of 2010. 

Amend the title so as to read: ‘‘An Act A bill to extend the payroll tax holiday, unemployment compensation, Medicare physician payment, provide for the consideration of the Keystone XL pipeline, and for other purposes’’. 

Attest: 

Secretary. 

112TH CONGRESS 

1ST SESSION H.R. 3630 

AMENDMENTS