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shall require an enterprise to make adjustments in 
its guarantee fee in order to be in compliance with 
subsection (b). 
‘‘(2) NONCOMPLIANCE
PENALTY.—An enter-
prise that has been found to be out of compliance 
with subsection (b) for any 2 consecutive years shall 
be precluded from providing any guarantee for a pe-
riod, determined by rule of the Director, but in no 
case less than 1 year. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be interpreted as preventing the 
Director from initiating and implementing an en-
forcement action against an enterprise, at a time the 
Director deems necessary, under other existing en-
forcement authority. 
‘‘(f) EXPIRATION.—The provisions of this section 
shall expire on October 1, 2021.’’. 
SEC. 402. FHA GUARANTEE FEES. 
(a) AMENDMENT.—Section 203(c)(2) of the National 
Housing Act (12 U.S.C. 1709(c)(2)) is amended by adding 
at the end the following: 
‘‘(C)(i) In addition to the premiums under sub-
paragraphs (A) and (B), the Secretary shall estab-
lish and collect annual premium payments for any 
mortgage for which the Secretary collects an annual 
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premium payment under subparagraph (B), in an 
amount described in clause (ii). 
‘‘(ii)(I) Subject to subclause (II), with respect 
to a mortgage, the amount described in this clause 
is 10 basis points of the remaining insured principal 
balance (excluding the portion of the remaining bal-
ance attributable to the premium collected under 
subparagraph (A) and without taking into account 
delinquent payments or prepayments). 
‘‘(II) During the 2-year period beginning on the 
date of enactment of this subparagraph, the Sec-
retary shall increase the number of basis points of 
the annual premium payment collected under this 
subparagraph incrementally, as determined appro-
priate by the Secretary, until the number of basis 
points of the annual premium payment collected 
under this subparagraph is equal to the number de-
scribed in subclause (I).’’. 
(b) PROSPECTIVE REPEAL.—Section 203(c)(2) of the 
National Housing Act (12 U.S.C. 1709(c)(2)) is amended 
by striking subparagraph (C), as added by subsection (a), 
effective on October 1, 2021. 
(c) REPORT REQUIRED.—Not later than 30 days be-
fore the date on which the Secretary of Housing and 
Urban Development makes a determination under sub-
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section (b)(2), the Secretary shall submit to the Com-
mittee on Banking, Housing, and Urban Affairs of the 
Senate and the Committee on Financial Services of the 
House of Representatives a report that— 
(1) explains the basis for the determination; 
and 
(2) identifies the date on which the Secretary 
plans to make the determination. 
TITLE V—OTHER PROVISIONS 
Subtitle A—Keystone XL Pipeline 
SEC. 501. PERMIT FOR KEYSTONE XL PIPELINE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), not later than 60 days after the date of enactment 
of this Act, the President, acting through the Secretary 
of State, shall grant a permit under Executive Order No. 
13337 (3 U.S.C. 301 note; relating to issuance of permits 
with respect to certain energy-related facilities and land 
transportation crossings on the international boundaries 
of the United States) for the Keystone XL pipeline project 
application filed on September 19, 2008 (including amend-
ments). 
(b) EXCEPTION.— 
(1) IN GENERAL.—The President shall not be 
required to grant the permit under subsection (a) if 
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the President determines that the Keystone XL 
pipeline would not serve the national interest. 
(2) REPORT.—If the President determines that 
the Keystone XL pipeline is not in the national in-
terest under paragraph (1), the President shall, not 
later than 15 days after the date of the determina-
tion, submit to the Committee on Foreign Relations 
of the Senate, the Committee on Foreign Affairs of 
the House of Representatives, the majority leader of 
the Senate, the minority leader of the Senate, the 
Speaker of the House of Representatives, and the 
minority leader of the House of Representatives a 
report that provides a justification for determina-
tion, including consideration of economic, employ-
ment, energy security, foreign policy, trade, and en-
vironmental factors. 
(3) EFFECT OF NO FINDING OR ACTION.—If a 
determination is not made under paragraph (1) and 
no action is taken by the President under subsection 
(a) not later than 60 days after the date of enact-
ment of this Act, the permit for the Keystone XL 
pipeline described in subsection (a) that meets the 
requirements of subsections (c) and (d) shall be in 
effect by operation of law. 
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(c) REQUIREMENTS.—The permit granted under sub-
section (a) shall require the following: 
(1) The permittee shall comply with all applica-
ble Federal and State laws (including regulations) 
and all applicable industrial codes regarding the con-
struction, connection, operation, and maintenance of 
the United States facilities. 
(2) The permittee shall obtain all requisite per-
mits from Canadian authorities and relevant Fed-
eral, State, and local governmental agencies. 
(3) The permittee shall take all appropriate 
measures to prevent or mitigate any adverse envi-
ronmental impact or disruption of historic properties 
in connection with the construction, operation, and 
maintenance of the United States facilities. 
(4) For the purpose of the permit issued under 
subsection (a) (regardless of any modifications under 
subsection (d))— 
(A) the final environmental impact state-
ment issued by the Secretary of State on Au-
gust 26, 2011, satisfies all requirements of the 
National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and section 106 of the Na-
tional Historic Preservation Act (16 U.S.C. 
470f); 
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(B) any modification required by the Sec-
retary of State to the Plan described in para-
graph (5)(A) shall not require supplementation 
of the final environmental impact statement de-
scribed in that paragraph; and 
(C) no further Federal environmental re-
view shall be required. 
(5) The construction, operation, and mainte-
nance of the facilities shall be in all material re-
spects similar to that described in the application 
described in subsection (a) and in accordance with— 
(A) the construction, mitigation, and rec-
lamation measures agreed to by the permittee 
in the Construction Mitigation and Reclamation 
Plan found in appendix B of the final environ-
mental impact statement issued by the Sec-
retary of State on August 26, 2011, subject to 
the modification described in subsection (d); 
(B) the special conditions agreed to be-
tween the permittee and the Administrator of 
the Pipeline Hazardous Materials Safety Ad-
ministration of the Department of Transpor-
tation found in appendix U of the final environ-
mental impact statement described in subpara-
graph (A); 
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(A) to coordinate review with the State of 
Nebraska and provide any necessary data and 
reasonable technical assistance material to the 
review process required under this subsection; 
and 
(B) to approve the route within the State 
of Nebraska that has been submitted to the 
Secretary of State by the Governor of Ne-
braska. 
(e) EFFECT OF NO APPROVAL.—If the President 
does not approve the route within the State of Nebraska 
submitted by the Governor of Nebraska under subsection 
(d)(3)(B) not later than 10 days after the date of submis-
sion, the route submitted by the Governor of Nebraska 
under subsection (d)(3)(B) shall be considered approved, 
pursuant to the terms of the permit described in sub-
section (a) that meets the requirements of subsection (c) 
and this subsection, by operation of law. 
(f) PRIVATE PROPERTY SAVINGS CLAUSE.—Nothing 
in this section alters the Federal, State, or local processes 
or conditions in effect on the date of enactment of this 
Act that are necessary to secure access from private prop-
erty owners to construct the Keystone XL pipeline. 
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Subtitle B—Budgetary Provisions 
SEC. 511. SENATE POINT OF ORDER AGAINST AN EMER-
GENCY DESIGNATION. 
Section 314 of the Congressional Budget Act of 1974 
is amended by— 
(1) redesignating subsection (e) as subsection 
(f); and 
(2) inserting after subsection (d) the following: 
‘‘(e) SENATE POINT OF ORDER AGAINST AN EMER-
GENCY DESIGNATION.— 
‘‘(1) IN GENERAL.—When the Senate is consid-
ering a bill, resolution, amendment, motion, amend-
ment between the Houses, or conference report, if a 
point of order is made by a Senator against an 
emergency designation in that measure, that provi-
sion making such a designation shall be stricken 
from the measure and may not be offered as an 
amendment from the floor. 
‘‘(2) SUPERMAJORITY WAIVER AND APPEALS.— 
‘‘(A) WAIVER.—Paragraph (1) may be 
waived or suspended in the Senate only by an 
affirmative vote of three-fifths of the Members, 
duly chosen and sworn. 
‘‘(B) APPEALS.—Appeals in the Senate 
from the decisions of the Chair relating to any 
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provision of this subsection shall be limited to 
1 hour, to be equally divided between, and con-
trolled by, the appellant and the manager of the 
bill or joint resolution, as the case may be. An 
affirmative vote of three-fifths of the Members 
of the Senate, duly chosen and sworn, shall be 
required to sustain an appeal of the ruling of 
the Chair on a point of order raised under this 
subsection. 
‘‘(3) DEFINITION OF AN EMERGENCY DESIGNA-
TION.—For purposes of paragraph (1), a provision 
shall be considered an emergency designation if it 
designates 
any 
item 
pursuant 
to 
section 
251(b)(2)(A)(i) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
‘‘(4) FORM OF THE POINT OF ORDER.—A point 
of order under paragraph (1) may be raised by a 
Senator as provided in section 313(e) of the Con-
gressional Budget Act of 1974. 
‘‘(5) CONFERENCE REPORTS.—When the Sen-
ate is considering a conference report on, or an 
amendment between the Houses in relation to, a bill, 
upon a point of order being made by any Senator 
pursuant to this section, and such point of order 
being sustained, such material contained in such 
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conference report shall be deemed stricken, and the 
Senate shall proceed to consider the question of 
whether the Senate shall recede from its amendment 
and concur with a further amendment, or concur in 
the House amendment with a further amendment, 
as the case may be, which further amendment shall 
consist of only that portion of the conference report 
or House amendment, as the case may be, not so 
stricken. Any such motion in the Senate shall be de-
batable. In any case in which such point of order is 
sustained against a conference report (or Senate 
amendment derived from such conference report by 
operation of this subsection), no further amendment 
shall be in order.’’. 
SEC. 512. PAYGO SCORECARD ESTIMATES. 
The budgetary effects of this Act shall not be entered 
on either PAYGO scorecard maintained pursuant to sec-
tion 4(d) of the Statutory Pay-As-You-Go Act of 2010. 
Passed the House of Representatives December 23, 
2011. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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