I 

112TH CONGRESS 

1ST SESSION H. R. 3743 

To provide incentives for the creation of jobs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 20, 2011 

Mr. LEVIN (for himself, Ms. PELOSI, Mr. HOYER, Mr. CLYBURN, Mr. LARSON

of Connecticut, Mr. BECERRA, Mr. GEORGE MILLER of California, Ms. 

DELAURO, Mr. ISRAEL, Ms. SLAUGHTER, Mr. VAN HOLLEN, Mr. PALLONE, Mrs. MALONEY, Mr. RANGEL, Mr. STARK, Mr. MCDERMOTT, Mr. 

LEWIS of Georgia, Mr. NEAL, Mr. THOMPSON of California, Mr. BLUMENAUER, Mr. PASCRELL, Ms. BERKLEY, Mr. CROWLEY, Mr. ACKERMAN, Mr. ALTMIRE, Mr. ANDREWS, Mr. BACA, Ms. BALDWIN, Ms. BASS

of California, Mr. BERMAN, Mr. BISHOP of New York, Ms. BORDALLO, 

Mr. BRALEY of Iowa, Ms. BROWN of Florida, Mr. BUTTERFIELD, Mrs. 

CAPPS, Mr. CARNAHAN, Mr. CARNEY, Mr. CARSON of Indiana, Ms. CASTOR of Florida, Mr. CHANDLER, Mrs. CHRISTENSEN, Ms. CHU, Mr. 

CICILLINE, Mr. CLARKE of Michigan, Ms. CLARKE of New York, Mr. 

CLAY, Mr. CLEAVER, Mr. CONNOLLY of Virginia, Mr. CONYERS, Mr. 

COOPER, Mr. COSTA, Mr. COSTELLO, Mr. COURTNEY, Mr. CRITZ, Mr. 

CUELLAR, Mr. CUMMINGS, Mr. DAVIS of Illinois, Mrs. DAVIS of California, Mr. DEUTCH, Mr. DICKS, Mr. DINGELL, Mr. DONNELLY of Indiana, Ms. EDWARDS, Mr. ELLISON, Mr. ENGEL, Ms. ESHOO, Mr. FARR, 

Mr. FATTAH, Mr. FILNER, Mr. FRANK of Massachusetts, Ms. FUDGE, 

Mr. GARAMENDI, Mr. GONZALEZ, Mr. AL GREEN of Texas, Mr. GENE

GREEN of Texas, Mr. GRIJALVA, Mr. GUTIERREZ, Ms. HANABUSA, Ms. 

HAHN, Mr. HASTINGS of Florida, Mr. HEINRICH, Mr. HIGGINS, Mr. 

HIMES, Mr. HINCHEY, Mr. HINOJOSA, Ms. HIRONO, Ms. HOCHUL, Mr. 

HOLDEN, Mr. HOLT, Mr. HONDA, Mr. INSLEE, Mr. JACKSON of Illinois, 

Ms. JACKSON LEE of Texas, Ms. EDDIE BERNICE JOHNSON of Texas, 

Mr. JOHNSON of Georgia, Ms. KAPTUR, Mr. KEATING, Mr. KILDEE, Mr. 

LANGEVIN, Mr. LARSEN of Washington, Ms. LEE of California, Mr. 

LOEBSACK, Ms. ZOE LOFGREN of California, Mrs. LOWEY, Mr. LUJA ́N, 

Mr. MARKEY, Mr. MATHESON, Ms. MATSUI, Mrs. MCCARTHY of New 

York, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. MCINTYRE, Mr. MCNERNEY, Mr. MEEKS, Mr. MICHAUD, Mr. MILLER of North Carolina, Ms. 

MOORE, Mr. MORAN, Mr. MURPHY of Connecticut, Mr. NADLER, Mrs. 

NAPOLITANO, Ms. NORTON, Mr. OLVER, Mr. OWENS, Mr. PASTOR of Arizona, Mr. PAYNE, Mr. PERLMUTTER, Mr. PIERLUISI, Ms. PINGREE of 

Maine, Mr. POLIS, Mr. PRICE of North Carolina, Mr. RAHALL, Mr. 


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REYES, Ms. RICHARDSON, Mr. RICHMOND, Mr. ROSS of Arkansas, Mr. 

ROTHMAN of New Jersey, Ms. ROYBAL-ALLARD, Mr. RUPPERSBERGER, 

Mr. RUSH, Mr. RYAN of Ohio, Mr. SABLAN, Ms. LORETTA SANCHEZ of 

California, Mr. SARBANES, Ms. SCHAKOWSKY, Mr. SCHIFF, Ms. 

SCHWARTZ, Mr. SCOTT of Virginia, Mr. SERRANO, Ms. SEWELL, Mr. 

SHULER, Mr. SIRES, Mr. SMITH of Washington, Ms. SPEIER, Mr. 

THOMPSON of Mississippi, Mr. TIERNEY, Mr. TONKO, Mr. TOWNS, Ms. 

TSONGAS, Ms. VELA ́ZQUEZ, Ms. WASSERMAN SCHULTZ, Ms. WATERS, 

Mr. WATT, Mr. WAXMAN, Mr. WELCH, Ms. WILSON of Florida, Mr. YARMUTH, Mr. SHERMAN, Mr. BOSWELL, Mr. BRADY of Pennsylvania, Ms. 

WOOLSEY, Mr. BISHOP of Georgia, Mr. FALEOMAVAEGA, Mr. PETERS, 

Ms. LINDA T. SA ́NCHEZ of California, Mr. DAVID SCOTT of Georgia, Mr. 

KISSELL, and Mr. KUCINICH) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the 

Committees on Energy and Commerce, Transportation and Infrastructure, Natural Resources, Foreign Affairs, Financial Services, and the 

Budget, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide incentives for the creation of jobs, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—TEMPORARY PAYROLL TAX RELIEF 

Sec. 101. Extension of payroll tax holiday. 

TITLE II—TEMPORARY EXTENSION OF UNEMPLOYMENT 

COMPENSATION PROVISIONS 


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Sec. 201. Temporary extension of unemployment compensation provisions. 

Sec. 202. Extended unemployment benefits under the Railroad Unemployment 

Insurance Act. 

TITLE III—TEMPORARY EXTENSION OF HEALTH PROVISIONS 

Sec. 301. Medicare physician payment update. 

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

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

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

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

pathology services. 

Sec. 306. Extension of ambulance add-ons. 

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

Sec. 308. Extension of outpatient hold harmless provision. 

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

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

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

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

TITLE IV—MORTGAGE FEES AND PREMIUMS 

Sec. 401. Guarantee Fees. 

Sec. 402. FHA guarantee fees. 

TITLE V—OTHER PROVISIONS 

Subtitle A—Keystone XL Pipeline 

Sec. 501. Permit for Keystone XL pipeline. 

Subtitle B—Budgetary Provisions 

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

Sec. 512. PAYGO scorecard estimates. 

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 

5 the Tax Relief, Unemployment Insurance Reauthorization, 

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

7 amended to read as follows: 

8 ‘‘(c) PAYROLL TAX HOLIDAY PERIOD.—The term 

9 ‘payroll tax holiday period’ means— 


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1 ‘‘(1) in the case of the tax described in sub2 section (a)(1), calendar years 2011 and 2012, and 

3 ‘‘(2) in the case of the taxes described in sub4 section (a)(2), the period beginning January 1, 

5 2011, and ending February 29, 2012.’’. 

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

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

8 end the following new subsection: 

9 ‘‘(f) SPECIAL RULES FOR 2012.— 

10 ‘‘(1) LIMITATION ON WAGES AND SELF-EM11 PLOYMENT INCOME.—In the case of— 

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

13 subsection (a)(1) shall only apply with respect 

14 to so much of the taxpayer’s self-employment 

15 income (as defined in section 1402(b) of the In16 ternal Revenue Code of 1986) as does not ex17 ceed the excess (if any) of— 

18 ‘‘(i) $18,350, over 

19 ‘‘(ii) the amount of wages and com20 pensation taken into account under sub21 paragraph (B), and 

22 ‘‘(B) any remuneration received during the 

23 portion of the payroll tax holiday period occur24 ring during 2012, subsection (a)(2) shall only 

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


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1 wages (as defined in section 3121(a) of such 

2 Code) and compensation (as defined section 

3 3231(e) of such Code) as does not exceed 

4 $18,350. 

5 ‘‘(2) COORDINATION WITH DEDUCTION FOR EM6 PLOYMENT TAXES.—In the case of a taxable year 

7 beginning in 2012, subparagraph (A) of subsection 

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

9 ‘‘ ‘(A) the sum of— 

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

11 such taxes attributable to the tax imposed 

12 by section 1401(a) of such Code (deter13 mined after the application of this section) 

14 on so much of self-employment income (as 

15 defined in section 1402(b) of such Code) 

16 as does not exceed the amount of self-em17 ployment income described in paragraph 

18 (1)(A), plus 

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

20 taxes attributable to the tax imposed by 

21 section 1401(a) of such Code (determined 

22 without regard to this section) on self-em23 ployment income (as so defined) in excess 

24 of such amount, plus’.’’ 


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1 (c) TECHNICAL AMENDMENTS.—Paragraph (2) of 

2 section 601(b) of such Act (26 U.S.C. 1401 note) is 

3 amended— 

4 (1) by inserting ‘‘of such Code’’ after ‘‘164(f)’’, 

5 (2) by inserting ‘‘of such Code’’ after 

6 ‘‘1401(a)’’ in subparagraph (A), and 

7 (3) by inserting ‘‘of such Code’’ after 

8 ‘‘1401(b)’’ in subparagraph (B). 

9 (d) EFFECTIVE DATES.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (2), the amendments made by this section 

12 shall apply to remuneration received, and taxable 

13 years beginning, after December 31, 2011. 

14 (2) TECHNICAL AMENDMENTS.—The amend15 ments made by subsection (c) shall take effect as if 

16 included in the enactment of section 601 of the Tax 

17 Relief, Unemployment Insurance Reauthorization, 

18 and Job Creation Act of 2010. 


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1 TITLE II—TEMPORARY EXTEN2 SION OF UNEMPLOYMENT 

3 COMPENSATION PROVISIONS 

4 SEC. 201. TEMPORARY EXTENSION OF UNEMPLOYMENT 

5 COMPENSATION PROVISIONS. 

6 (a) IN GENERAL.—(1) Section 4007 of the Supple7 mental Appropriations Act, 2008 (Public Law 110–252; 

8 26 U.S.C. 3304 note) is amended— 

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

10 it appears and inserting ‘‘March 6, 2012’’; 

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

12 striking ‘‘JANUARY 3, 2012’’ and inserting ‘‘MARCH 6, 

13 2012’’; and 

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

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

16 (2) Section 2005 of the Assistance for Unemployed 

17 Workers and Struggling Families Act, as contained in 

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

19 is amended— 

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

21 it appears and inserting ‘‘March 7, 2012’’; and 

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

23 2012’’ and inserting ‘‘August 15, 2012’’. 

24 (3) Section 5 of the Unemployment Compensation 

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


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1 3304 note) is amended by striking ‘‘June 10, 2012’’ and 

2 inserting ‘‘August 15, 2012’’. 

3 (4) Section 203 of the Federal-State Extended Un4 employment Compensation Act of 1970 (26 U.S.C. 3304 

5 note) is amended— 

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

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

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

9 2012’’; and 

10 (B) in subsection (f)(2), by striking ‘‘December 

11 31, 2011’’ and inserting ‘‘February 29, 2012’’. 

12 (b) FUNDING.—Section 4004(e)(1) of the Supple13 mental Appropriations Act, 2008 (Public Law 110–252; 

14 26 U.S.C. 3304 note) is amended— 

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

16 the end; and 

17 (2) by inserting after subparagraph (G) the fol18 lowing: 

19 ‘‘(H) the amendments made by section 

20 201(a)(1) of the Temporary Payroll Tax Cut 

21 Continuation Act of 2011; and’’. 

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

23 this section shall take effect as if included in the enact24 ment of the Tax Relief, Unemployment Insurance ReauVerDate Mar 15 2010 00:07 Dec 24, 2011 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3743.IH H3743

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1 thorization, and Job Creation Act of 2010 (Public Law 

2 111–312). 

3 SEC. 202. EXTENDED UNEMPLOYMENT BENEFITS UNDER 

4 THE RAILROAD UNEMPLOYMENT INSURANCE 

5 ACT. 

6 (a) EXTENSION.—Section 2(c)(2)(D)(iii) of the Rail7 road Unemployment Insurance Act, as added by section 

8 2006 of the American Recovery and Reinvestment Act of 

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

10 of the Worker, Homeownership, and Business Assistance 

11 Act of 2009 (Public Law 111–92) and section 505 of the 

12 Tax Relief, Unemployment Insurance Reauthorization, 

13 and Job Creation Act of 2010 (Public Law 111–312), is 

14 amended— 

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

16 ‘‘August 31, 2011’’; and 

17 (2) by striking ‘‘December 31, 2011’’ and in18 serting ‘‘February 29, 2012’’. 

19 (b) CLARIFICATION ON AUTHORITY TO USE

20 FUNDS.—Funds appropriated under either the first or 

21 second sentence of clause (iv) of section 2(c)(2)(D) of the 

22 Railroad Unemployment Insurance Act shall be available 

23 to cover the cost of additional extended unemployment 

24 benefits provided under such section 2(c)(2)(D) by reason 

25 of the amendments made by subsection (a) as well as to 


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1 cover the cost of such benefits provided under such section 

2 2(c)(2)(D), as in effect on the day before the date of the 

3 enactment of this Act. 

4 TITLE III—TEMPORARY EXTEN5 SION OF HEALTH PROVISIONS 

6 SEC. 301. MEDICARE PHYSICIAN PAYMENT UPDATE. 

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

8 1395w–4(d)) is amended by adding at the end the fol9 lowing new paragraph: 

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

11 2012.— 

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

13 (7)(B), (8)(B), (9)(B), (10)(B), (11)(B), and 

14 (12)(B), in lieu of the update to the single con15 version factor established in paragraph (1)(C) 

16 that would otherwise apply for the period begin17 ning on January 1, 2012, and ending on Feb18 ruary 29, 2012, the update to the single conver19 sion factor shall be zero percent. 

20 ‘‘(B) NO EFFECT ON COMPUTATION OF

21 CONVERSION FACTOR FOR REMAINING PORTION

22 OF 2012 AND SUBSEQUENT YEARS.—The con23 version factor under this subsection shall be 

24 computed under paragraph (1)(A) for the pe25 riod beginning on March 1, 2012, and ending 


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1 on December 31, 2012, and for 2013 and sub2 sequent years as if subparagraph (A) had never 

3 applied.’’. 

4 SEC. 302. 2-MONTH EXTENSION OF MMA SECTION 508 RE5 CLASSIFICATIONS. 

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

7 the Tax Relief and Health Care Act of 2006 (42 U.S.C. 

8 1395 note), as amended by section 117 of the Medicare, 

9 Medicaid, and SCHIP Extension Act of 2007 (Public Law 

10 110–173), section 124 of the Medicare Improvements for 

11 Patients and Providers Act of 2008 (Public Law 110– 

12 275), sections 3137(a) and 10317 of the Patient Protec13 tion and Affordable Care Act (Public Law 111–148), and 

14 section 102(a) of the Medicare and Medicaid Extenders 

15 Act of 2010 (Public Law 111–309), is amended by strik16 ing ‘‘September 30, 2011’’ and inserting ‘‘November 30, 

17 2011’’. 

18 (b) SPECIAL RULE FOR OCTOBER AND NOVEMBER

19 2011.— 

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

21 for purposes of implementation of the amendment 

22 made by subsection (a), including for purposes of 

23 the implementation of paragraph (2) of section 

24 117(a) of the Medicare, Medicaid, and SCHIP Ex25 tension Act of 2007 (Public Law 110–173), for the 


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1 period beginning on October 1, 2011, and ending on 

2 November 30, 2011, the Secretary of Health and 

3 Human Services shall use the hospital wage index 

4 that was promulgated by the Secretary of Health 

5 and Human Services in the Federal Register on Au6 gust 18, 2011 (76 Fed. Reg. 51476), and any subse7 quent corrections. 

8 (2) EXCEPTION.—In determining the wage 

9 index applicable to hospitals that qualify for wage 

10 index reclassification, the Secretary shall, for the pe11 riod beginning on October 1, 2011, and ending on 

12 November 30, 2011, include the average hourly wage 

13 data of hospitals whose reclassification was extended 

14 pursuant to the amendment made by subsection (a) 

15 only if including such data results in a higher appli16 cable reclassified wage index. Any revision to hos17 pital wage indexes made as a result of this para18 graph shall not be effected in a budget neutral man19 ner. 

20 (c) TIMEFRAME FOR PAYMENTS.—The Secretary 

21 shall make payments required under subsections (a) and 

22 (b) by not later than December 31, 2012. 


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1 SEC. 303. EXTENSION OF MEDICARE WORK GEOGRAPHIC 

2 ADJUSTMENT FLOOR. 

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

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

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

6 SEC. 304. EXTENSION OF EXCEPTIONS PROCESS FOR MEDI7 CARE THERAPY CAPS. 

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

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

10 31, 2011’’ and inserting ‘‘February 29, 2012’’. 

11 SEC. 305. EXTENSION OF PAYMENT FOR TECHNICAL COM12 PONENT OF CERTAIN PHYSICIAN PATHOL13 OGY SERVICES. 

14 Section 542(c) of the Medicare, Medicaid, and 

15 SCHIP Benefits Improvement and Protection Act of 2000 

16 (as enacted into law by section 1(a)(6) of Public Law 106– 

17 554), as amended by section 732 of the Medicare Prescrip18 tion Drug, Improvement, and Modernization Act of 2003 

19 (42 U.S.C. 1395w–4 note), section 104 of division B of 

20 the Tax Relief and Health Care Act of 2006 (42 U.S.C. 

21 1395w–4 note), section 104 of the Medicare, Medicaid, 

22 and SCHIP Extension Act of 2007 (Public Law 110– 

23 173), section 136 of the Medicare Improvements for Pa24 tients and Providers Act of 2008 (Public Law 110–275), 

25 section 3104 of the Patient Protection and Affordable 

26 Care Act (Public Law 111–148), and section 105 of the 


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1 Medicare and Medicaid Extenders Act of 2010 (Public 

2 Law 111–309), is amended by striking ‘‘and 2011’’ and 

3 inserting ‘‘2011, and the first two months of 2012’’. 

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

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

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

7 is amended— 

8 (1) in the matter preceding clause (i), by strik9 ing ‘‘January 1, 2012’’ and inserting ‘‘March 1, 

10 2012’’; and 

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

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

13 each place it appears. 

14 (b) AIR AMBULANCE.—Section 146(b)(1) of the 

15 Medicare Improvements for Patients and Providers Act of 

16 2008 (Public Law 110–275), as amended by sections 

17 3105(b) and 10311(b) of Public Law 111–148 and section 

18 106(b) of the Medicare and Medicaid Extenders Act of 

19 2010 (Public Law 111–309), is amended by striking ‘‘De20 cember 31, 2011’’ and inserting ‘‘February 29, 2012’’. 

21 (c) SUPER RURAL AMBULANCE.—Section 

22 1834(l)(12)(A) of the Social Security Act (42 U.S.C. 

23 1395m(l)(12)(A)) is amended by striking ‘‘January 1, 

24 2012’’ and inserting ‘‘March 1, 2012’’. 


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1 SEC. 307. EXTENSION OF PHYSICIAN FEE SCHEDULE MEN2 TAL HEALTH ADD-ON PAYMENT. 

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

4 Patients and Providers Act of 2008 (Public Law 110– 

5 275), as amended by section 3107 of the Patient Protec6 tion and Affordable Care Act (Public Law 111–148) and 

7 section 107 of the Medicare and Medicaid Extenders Act 

8 of 2010 (Public Law 111–309), is amended by striking 

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

10 2012’’. 

11 SEC. 308. EXTENSION OF OUTPATIENT HOLD HARMLESS 

12 PROVISION. 

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

14 (42 U.S.C. 1395l(t)(7)(D)(i)), as amended by section 

15 3121(a) of the Patient Protection and Affordable Care Act 

16 (Public Law 111–148) and section 108 of the Medicare 

17 and Medicaid Extenders Act of 2010 (Public Law 111– 

18 309), is amended— 

19 (1) in subclause (II)— 

20 (A) in the first sentence, by striking ‘‘Jan21 uary 1, 2012’’ and inserting ‘‘March 1, 2012’’; 

22 and 

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

24 2011’’ and inserting ‘‘2011, or the first two 

25 months of 2012’’; and 

26 (2) in subclause (III)— 


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1 (A) in the first sentence, by striking 

2 ‘‘2009, and’’ and all that follows through ‘‘for 

3 which’’ and inserting ‘‘2009, and before March 

4 1, 2012, for which’’; and 

5 (B) in the second sentence, by striking 

6 ‘‘2010, and’’ and all that follows through ‘‘the 

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

8 March 1, 2012, the preceding’’. 

9 SEC. 309. EXTENDING MINIMUM PAYMENT FOR BONE MASS 

10 MEASUREMENT. 

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

12 1395w–4) is amended— 

13 (1) in subsection (b)— 

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

15 2011’’ and inserting ‘‘, 2011, and the first 2 

16 months of 2012’’; and 

17 (B) in paragraph (6)— 

18 (i) in the matter preceding subpara19 graph (A), by striking ‘‘and 2011’’ and in20 serting ‘‘, 2011, and the first 2 months of 

21 2012’’; and 

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

23 ‘‘and 2011’’ and inserting ‘‘, 2011, and the 

24 first 2 months of 2012’’; and 


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

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

3 months of 2012’’. 

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

5 PROGRAM. 

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

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

8 amended by striking ‘‘December 2011’’ and inserting 

9 ‘‘February 2012’’. 

10 (b) EXTENDING TOTAL AMOUNT AVAILABLE FOR

11 ALLOCATION.—Section 1933(g) of such Act (42 U.S.C. 

12 1396u–3(g)) is amended— 

13 (1) in paragraph (2)— 

14 (A) by striking ‘‘and’’ at the end of sub15 paragraph (O); 

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

17 period at the end and inserting ‘‘; and’’; and 

18 (C) by adding at the end the following new 

19 subparagraphs: 

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

21 1, 2012, and ends on February 29, 2012, the 

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


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1 SEC. 311. EXTENSION OF TRANSITIONAL MEDICAL ASSIST2 ANCE (TMA). 

3 Sections 1902(e)(1)(B) and 1925(f) of the Social Se4 curity Act (42 U.S.C. 1396a(e)(1)(B), 1396r–6(f)) are 

5 each amended by striking ‘‘December 31, 2011’’ and in6 serting ‘‘February 29, 2012’’. 

7 SEC. 312. EXTENSION OF THE TEMPORARY ASSISTANCE 

8 FOR NEEDY FAMILIES PROGRAM. 

9 Activities authorized by part A of title IV and section 

10 1108(b) of the Social Security Act (other than under sub11 sections (a)(3) and (b) of section 403 of such Act) shall 

12 continue through February 29, 2012, in the manner au13 thorized for fiscal year 2011, and out of any money in 

14 the Treasury of the United States not otherwise appro15 priated, there are hereby appropriated such sums as may 

16 be necessary for such purpose. Grants and payments may 

17 be made pursuant to this authority through the applicable 

18 portion of the second quarter of fiscal year 2012 at the 

19 pro rata portion of the level provided for such activities 

20 through the second quarter of fiscal year 2011. 

21 TITLE IV—MORTGAGE FEES AND 

22 PREMIUMS 

23 SEC. 401. GUARANTEE FEES. 

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

25 Housing and Community Development Act of 1992 is 


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

2 the following new section: 

3 ‘‘SEC. 1327. ENTERPRISE GUARANTEE FEES. 

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

5 following definitions shall apply: 

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

7 fee’— 

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

9 (b); and 

10 ‘‘(B) includes— 

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

12 Federal National Mortgage Association 

13 with respect to mortgage-backed securities; 

14 and 

15 ‘‘(ii) the management and guarantee 

16 fee charged by the Federal Home Loan 

17 Mortgage Corporation with respect to par18 ticipation certificates. 

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

20 means the average contractual fee rate of single21 family guaranty arrangements by an enterprise en22 tered into during 2011, plus the recognition of any 

23 up-front cash payments over an estimated average 

24 life, expressed in terms of basis points. Such defini25 tion shall be interpreted in a manner consistent with 


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1 the annual report on guarantee fees by the Federal 

2 Housing Finance Agency. 

3 ‘‘(b) INCREASE.— 

4 ‘‘(1) IN GENERAL.— 

5 ‘‘(A) PHASED INCREASE REQUIRED.—Sub6 ject to subsection (c), the Director shall require 

7 each enterprise to charge a guarantee fee in 

8 connection with any guarantee of the timely 

9 payment of principal and interest on securities, 

10 notes, and other obligations based on or backed 

11 by mortgages on residential real properties de12 signed principally for occupancy of from 1 to 4 

13 families, consummated after the date of enact14 ment of this section. 

15 ‘‘(B) AMOUNT.—The amount of the in16 crease required under this section shall be de17 termined by the Director to appropriately re18 flect the risk of loss, as well the cost of capital 

19 allocated to similar assets held by other fully 

20 private regulated financial institutions, but such 

21 amount shall be not less than an average in22 crease of 10 basis points for each origination 

23 year or book year above the average fees im24 posed in 2011 for such guarantees. The Direc25 tor shall prohibit an enterprise from offsetting 


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1 the cost of the fee to mortgage originators, bor2 rowers, and investors by decreasing other 

3 charges, fees, or premiums, or in any other 

4 manner. 

5 ‘‘(2) AUTHORITY TO LIMIT OFFER OF GUAR6 ANTEE.—The Director shall prohibit an enterprise 

7 from consummating any offer for a guarantee to a 

8 lender for mortgage-backed securities, if— 

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

10 requirements of this section; or 

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

12 through lowering of the underwriting standards 

13 or other means, for the primary purpose of 

14 meeting the requirements of this section. 

15 ‘‘(3) DEPOSIT IN TREASURY.—Amounts re16 ceived from fee increases imposed under this section 

17 shall be deposited directly into the United States 

18 Treasury, and shall be available only to the extent 

19 provided in subsequent appropriations Acts. The fees 

20 charged pursuant to this section shall not be consid21 ered a reimbursement to the Federal Government 

22 for the costs or subsidy provided to an enterprise. 

23 ‘‘(c) PHASE-IN.— 

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

25 for compliance with subsection (b) by allowing each 


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1 enterprise to increase the guarantee fee charged by 

2 the enterprise gradually over the 2-year period be3 ginning on the date of enactment of this section, in 

4 a manner sufficient to comply with this section. In 

5 determining a schedule for such increases, the Direc6 tor shall— 

7 ‘‘(A) provide for uniform pricing among 

8 lenders; 

9 ‘‘(B) provide for adjustments in pricing 

10 based on risk levels; and 

11 ‘‘(C) take into consideration conditions in 

12 financial markets. 

13 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

14 this subsection shall be interpreted to undermine the 

15 minimum increase required by subsection (b). 

16 ‘‘(d) INFORMATION COLLECTION AND ANNUAL

17 ANALYSIS.—The Director shall require each enterprise to 

18 provide to the Director, as part of its annual report sub19 mitted to Congress— 

20 ‘‘(1) a description of— 

21 ‘‘(A) changes made to up-front fees and 

22 annual fees as part of the guarantee fees nego23 tiated with lenders; 


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1 ‘‘(B) changes to the riskiness of the new 

2 borrowers compared to previous origination 

3 years 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 

10 requirements 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 

16 its guarantee fee in order to be in compliance with 

17 subsection (b). 

18 ‘‘(2) NONCOMPLIANCE PENALTY.—An enter19 prise that has been found to be out of compliance 

20 with subsection (b) for any 2 consecutive years shall 

21 be precluded from providing any guarantee for a pe22 riod, determined by rule of the Director, but in no 

23 case less than 1 year. 

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

25 this subsection shall be interpreted as preventing the 


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1 Director from initiating and implementing an en2 forcement action against an enterprise, at a time the 

3 Director deems necessary, under other existing en4 forcement authority. 

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

6 shall 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 estab13 lish and collect annual premium payments for any 

14 mortgage for which the Secretary collects an annual 

15 premium payment under subparagraph (B), in an 

16 amount described in clause (ii). 

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

18 to a mortgage, the amount described in this clause 

19 is 10 basis points of the remaining insured principal 

20 balance (excluding the portion of the remaining bal21 ance attributable to the premium collected under 

22 subparagraph (A) and without taking into account 

23 delinquent payments or prepayments). 

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

25 date of enactment of this subparagraph, the SecVerDate Mar 15 2010 00:07 Dec 24, 2011 Jkt 019200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H3743.IH H3743

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1 retary shall increase the number of basis points of 

2 the annual premium payment collected under this 

3 subparagraph incrementally, as determined appro4 priate by the Secretary, until the number of basis 

5 points of the annual premium payment collected 

6 under this subparagraph is equal to the number de7 scribed in subclause (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 

14 Urban Development makes a determination under sub15 section (b)(2), the Secretary shall submit to the Com16 mittee on Banking, Housing, and Urban Affairs of the 

17 Senate and the Committee on Financial Services of the 

18 House of Representatives a report that— 

19 (1) explains the basis for the determination; 

20 and 

21 (2) identifies the date on which the Secretary 

22 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 

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

7 of State, shall grant a permit under Executive Order 

8 13337 (3 U.S.C. 301 note; relating to issuance of permits 

9 with respect to certain energy-related facilities and land 

10 transportation crossings on the international boundaries 

11 of the United States) for the Keystone XL pipeline project 

12 application filed on September 19, 2008 (including amend13 ments). 

14 (b) EXCEPTION.— 

15 (1) IN GENERAL.—The President shall not be 

16 required to grant the permit under subsection (a) if 

17 the President determines that the Keystone XL 

18 pipeline would not serve the national interest. 

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

20 the Keystone XL pipeline is not in the national in21 terest under paragraph (1), the President shall, not 

22 later than 15 days after the date of the determina23 tion, submit to the Committee on Foreign Relations 

24 of the Senate, the Committee on Foreign Affairs of 

25 the House of Representatives, the majority leader of 


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1 the Senate, the minority leader of the Senate, the 

2 Speaker of the House of Representatives, and the 

3 minority leader of the House of Representatives a 

4 report that provides a justification for determina5 tion, including consideration of economic, employ6 ment, energy security, foreign policy, trade, and en7 vironmental factors. 

8 (3) EFFECT OF NO FINDING OR ACTION.—If a 

9 determination is not made under paragraph (1) and 

10 no action is taken by the President under subsection 

11 (a) not later than 60 days after the date of enact12 ment of this Act, the permit for the Keystone XL 

13 pipeline described in subsection (a) that meets the 

14 requirements of subsections (c) and (d) shall be in 

15 effect by operation of law. 

16 (c) REQUIREMENTS.—The permit granted under sub17 section (a) shall require the following: 

18 (1) The permittee shall comply with all applica19 ble Federal and State laws (including regulations) 

20 and all applicable industrial codes regarding the con21 struction, connection, operation, and maintenance of 

22 the United States facilities. 

23 (2) The permittee shall obtain all requisite per24 mits from Canadian authorities and relevant Fed25 eral, 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 envi3 ronmental impact or disruption of historic properties 

4 in 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 Au11 gust 26, 2011, satisfies all requirements of the 

12 National 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 reVerDate Mar 15 2010 00:07 Dec 24, 2011 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H3743.IH H3743

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1 spects similar to that described in the application 

2 described in subsection (a) and in accordance with— 

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

5 in the Construction Mitigation and Reclamation 

6 Plan found in appendix B of the final environ7 mental impact statement issued by the Sec8 retary of State on August 26, 2011, subject to 

9 the modification described in subsection (d); 

10 (B) the special conditions agreed to be11 tween the permittee and the Administrator of 

12 the Pipeline Hazardous Materials Safety Ad13 ministration of the Department of Transpor14 tation found in appendix U of the final environ15 mental impact statement described in subpara16 graph (A); 

17 (C) if the modified route submitted by the 

18 Governor of Nebraska under subsection 

19 (d)(3)(B) crosses the Sand Hills region, the 

20 measures agreed to by the permittee for the 

21 Sand Hills region found in appendix H of the 

22 final environmental impact statement described 

23 in subparagraph (A); and 


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1 (D) the stipulations identified in appendix 

2 S of the final environmental impact statement 

3 described in subparagraph (A). 

4 (6) Other requirements that are standard in5 dustry practice or commonly included in Federal 

6 permits that are similar to a permit issued under 

7 subsection (a). 

8 (d) MODIFICATION.—The permit issued under sub9 section (a) shall require— 

10 (1) the reconsideration of routing of the Key11 stone XL pipeline within the State of Nebraska; 

12 (2) a review period during which routing within 

13 the State of Nebraska may be reconsidered and the 

14 route of the Keystone XL pipeline through the State 

15 altered with any accompanying modification to the 

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

17 (3) the President— 

18 (A) to coordinate review with the State of 

19 Nebraska and provide any necessary data and 

20 reasonable technical assistance material to the 

21 review process required under this subsection; 

22 and 

23 (B) to approve the route within the State 

24 of Nebraska that has been submitted to the 


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1 Secretary of State by the Governor of Ne2 braska. 

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

4 does not approve the route within the State of Nebraska 

5 submitted by the Governor of Nebraska under subsection 

6 (d)(3)(B) not later than 10 days after the date of submis7 sion, the route submitted by the Governor of Nebraska 

8 under subsection (d)(3)(B) shall be considered approved, 

9 pursuant to the terms of the permit described in sub10 section (a) that meets the requirements of subsection (c) 

11 and this subsection, by operation of law. 

12 (f) PRIVATE PROPERTY SAVINGS CLAUSE.—Nothing 

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

14 or conditions in effect on the date of enactment of this 

15 Act that are necessary to secure access from private prop16 erty owners to construct the Keystone XL pipeline. 

17 Subtitle B—Budgetary Provisions 

18 SEC. 511. SENATE POINT OF ORDER AGAINST AN EMER19 GENCY DESIGNATION. 

20 Section 314 of the Congressional Budget Act of 1974 

21 is amended by— 

22 (1) redesignating subsection (e) as subsection 

23 (f); and 

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


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1 ‘‘(e) SENATE POINT OF ORDER AGAINST AN EMER2 GENCY DESIGNATION.— 

3 ‘‘(1) IN GENERAL.—When the Senate is consid4 ering a bill, resolution, amendment, motion, amend5 ment between the Houses, or conference report, if a 

6 point of order is made by a Senator against an 

7 emergency designation in that measure, that provi8 sion making such a designation shall be stricken 

9 from the measure and may not be offered as an 

10 amendment from the floor. 

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

12 ‘‘(A) WAIVER.—Paragraph (1) may be 

13 waived or suspended in the Senate only by an 

14 affirmative vote of three-fifths of the Members, 

15 duly chosen and sworn. 

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

17 from the decisions of the Chair relating to any 

18 provision of this subsection shall be limited to 

19 1 hour, to be equally divided between, and con20 trolled by, the appellant and the manager of the 

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

22 affirmative vote of three-fifths of the Members 

23 of the Senate, duly chosen and sworn, shall be 

24 required to sustain an appeal of the ruling of 


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1 the Chair on a point of order raised under this 

2 subsection. 

3 ‘‘(3) DEFINITION OF AN EMERGENCY DESIGNA4 TION.—For purposes of paragraph (1), a provision 

5 shall be considered an emergency designation if it 

6 designates any item pursuant to section 

7 251(b)(2)(A)(i) of the Balanced Budget and Emer8 gency Deficit Control Act of 1985. 

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

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

11 Senator as provided in section 313(e) of the Con12 gressional Budget Act of 1974. 

13 ‘‘(5) CONFERENCE REPORTS.—When the Sen14 ate is considering a conference report on, or an 

15 amendment between the Houses in relation to, a bill, 

16 upon a point of order being made by any Senator 

17 pursuant to this section, and such point of order 

18 being sustained, such material contained in such 

19 conference report shall be deemed stricken, and the 

20 Senate shall proceed to consider the question of 

21 whether the Senate shall recede from its amendment 

22 and concur with a further amendment, or concur in 

23 the House amendment with a further amendment, 

24 as the case may be, which further amendment shall 

25 consist of only that portion of the conference report 


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1 or House amendment, as the case may be, not so 

2 stricken. Any such motion in the Senate shall be de3 batable. In any case in which such point of order is 

4 sustained against a conference report (or Senate 

5 amendment derived from such conference report by 

6 operation of this subsection), no further amendment 

7 shall be in order.’’. 

8 SEC. 512. PAYGO SCORECARD ESTIMATES. 

9 The budgetary effects of this Act shall not be entered 

10 on either PAYGO scorecard maintained pursuant to sec11 tion 4(d) of the Statutory Pay-As-You-Go Act of 2010. 

Æ 


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