In the Senate of the United States, 
December 17, 2011. 
Resolved, That the bill from the House of Representa-
tives (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: 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Temporary Payroll Tax Cut Continuation Act of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents of this 
Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—TEMPORARY PAYROLL TAX RELIEF 
Sec. 101. Extension of payroll tax holiday. 
TITLE II—TEMPORARY EXTENSION OF UNEMPLOYMENT 
COMPENSATION PROVISIONS 
Sec. 201. Temporary extension of unemployment compensation provisions. 
Sec. 202. Extended unemployment benefits under the Railroad Unemployment In-
surance 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 pa-
thology services. 
Sec. 306. Extension of ambulance add-ons. 
Sec. 307. Extension of physician fee schedule mental health add-on payment. 
Sec. 308. Extension of outpatient hold harmless provision. 
Sec. 309. Extending minimum payment for bone mass measurement. 
Sec. 310. Extension of the qualifying individual (QI) program. 
Sec. 311. Extension of Transitional Medical Assistance (TMA). 
Sec. 312. Extension of the temporary assistance for needy families program. 
TITLE IV—MORTGAGE FEES AND PREMIUMS 
Sec. 401. Guarantee Fees. 
Sec. 402. FHA guarantee fees. 
TITLE V—OTHER PROVISIONS 
Subtitle A—Keystone XL Pipeline 
Sec. 501. Permit for Keystone XL pipeline. 
Subtitle B—Budgetary Provisions 
Sec. 511. Senate point of order against an emergency designation. 
Sec. 512. PAYGO scorecard estimates. 
TITLE I—TEMPORARY PAYROLL 
TAX RELIEF 
SEC. 101. EXTENSION OF PAYROLL TAX HOLIDAY. 
(a) IN GENERAL.—Subsection (c) of section 601 of the 
Tax Relief, Unemployment Insurance Reauthorization, and 
Job Creation Act of 2010 (26 U.S.C. 1401 note) is amended 
to read as follows: 
‘‘(c) PAYROLL TAX HOLIDAY PERIOD.—The term ‘pay-
roll tax holiday period’ means— 
‘‘(1) in the case of the tax described in subsection 
(a)(1), calendar years 2011 and 2012, and
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‘‘(2) in the case of the taxes described in sub-
section (a)(2), the period beginning January 1, 2011, 
and ending February 29, 2012.’’. 
(b) SPECIAL RULES FOR 2012.—Section 601 of such 
Act (26 U.S.C. 1401 note) is amended by adding at the 
end the following new subsection: 
‘‘(f) SPECIAL RULES FOR 2012.— 
‘‘(1) LIMITATION ON WAGES AND SELF-EMPLOY-
MENT INCOME.—In the case of— 
‘‘(A) any taxable year beginning in 2012, 
subsection (a)(1) shall only apply with respect to 
so much of the taxpayer’s self-employment in-
come (as defined in section 1402(b) of the Inter-
nal Revenue Code of 1986) as does not exceed the 
excess (if any) of— 
‘‘(i) $18,350, over 
‘‘(ii) the amount of wages and com-
pensation taken into account under sub-
paragraph (B), and 
‘‘(B) any remuneration received during the 
portion of the payroll tax holiday period occur-
ring during 2012, subsection (a)(2) shall only 
apply to so much of the sum of the taxpayer’s 
wages (as defined in section 3121(a) of such
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Code) and compensation (as defined section 
3231(e) of such Code) as does not exceed $18,350. 
‘‘(2) COORDINATION WITH DEDUCTION FOR EM-
PLOYMENT TAXES.—In the case of a taxable year be-
ginning in 2012, subparagraph (A) of subsection 
(b)(2) shall be applied as if it read as follows: 
‘‘ ‘(A) the sum of— 
‘‘ ‘(i) 59.6 percent of the portion of 
such taxes attributable to the tax imposed 
by section 1401(a) of such Code (determined 
after the application of this section) on so 
much of self-employment income (as defined 
in section 1402(b) of such Code) as does not 
exceed the amount of self-employment in-
come described in paragraph (1)(A), plus 
‘‘ ‘(ii) one-half of the portion of such 
taxes attributable to the tax imposed by sec-
tion 1401(a) of such Code (determined with-
out regard to this section) on self-employ-
ment income (as so defined) in excess of 
such amount, plus’.’’ 
(c) TECHNICAL AMENDMENTS.—Paragraph (2) of sec-
tion 601(b) of such Act (26 U.S.C. 1401 note) is amended— 
(1) by inserting ‘‘of such Code’’ after ‘‘164(f)’’,
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(2) by inserting ‘‘of such Code’’ after ‘‘1401(a)’’ 
in subparagraph (A), and 
(3) by inserting ‘‘of such Code’’ after ‘‘1401(b)’’ 
in subparagraph (B). 
(d) EFFECTIVE DATES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this section shall 
apply to remuneration received, and taxable years be-
ginning, after December 31, 2011. 
(2) TECHNICAL AMENDMENTS.—The amendments 
made by subsection (c) shall take effect as if included 
in the enactment of section 601 of the Tax Relief, Un-
employment Insurance Reauthorization, and Job Cre-
ation Act of 2010. 
TITLE 
II—TEMPORARY 
EXTEN-
SION 
OF 
UNEMPLOYMENT 
COMPENSATION PROVISIONS 
SEC. 201. TEMPORARY EXTENSION OF UNEMPLOYMENT 
COMPENSATION PROVISIONS. 
(a) IN GENERAL.—(1) Section 4007 of the Supple-
mental Appropriations Act, 2008 (Public Law 110–252; 26 
U.S.C. 3304 note) is amended— 
(A) by striking ‘‘January 3, 2012’’ each place it 
appears and inserting ‘‘March 6, 2012’’;
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(B) in the heading for subsection (b)(2), by strik-
ing ‘‘JANUARY 3, 2012’’ and inserting ‘‘MARCH 6, 2012’’; 
and 
(C) in subsection (b)(3), by striking ‘‘June 9, 
2012’’ and inserting ‘‘August 15, 2012’’. 
(2) Section 2005 of the Assistance for Unemployed 
Workers and Struggling Families Act, as contained in Pub-
lic Law 111–5 (26 U.S.C. 3304 note; 123 Stat. 444), is 
amended— 
(A) by striking ‘‘January 4, 2012’’ each place it 
appears and inserting ‘‘March 7, 2012’’; and 
(B) in subsection (c), by striking ‘‘June 11, 
2012’’ and inserting ‘‘August 15, 2012’’. 
(3) Section 5 of the Unemployment Compensation Ex-
tension Act of 2008 (Public Law 110–449; 26 U.S.C. 3304 
note) is amended by striking ‘‘June 10, 2012’’ and inserting 
‘‘August 15, 2012’’. 
(4) Section 203 of the Federal-State Extended Unem-
ployment Compensation Act of 1970 (26 U.S.C. 3304 note) 
is amended— 
(A) in subsection (d), in the second sentence of 
the flush matter following paragraph (2), by striking 
‘‘December 31, 2011’’ and inserting ‘‘February 29, 
2012’’; and
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(B) in subsection (f)(2), by striking ‘‘December 
31, 2011’’ and inserting ‘‘February 29, 2012’’. 
(b) FUNDING.—Section 4004(e)(1) of the Supplemental 
Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 
3304 note) is amended— 
(1) in subparagraph (F), by striking ‘‘and’’ at 
the end; and 
(2) by inserting after subparagraph (G) the fol-
lowing: 
‘‘(H) the amendments made by section 
201(a)(1) of the Temporary Payroll Tax Cut 
Continuation Act of 2011; and’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect as if included in the enactment of 
the Tax Relief, Unemployment Insurance Reauthorization, 
and Job Creation Act of 2010 (Public Law 111–312). 
SEC. 202. EXTENDED UNEMPLOYMENT BENEFITS UNDER 
THE RAILROAD UNEMPLOYMENT INSURANCE 
ACT. 
(a) EXTENSION.—Section 2(c)(2)(D)(iii) of the Rail-
road Unemployment Insurance Act, as added by section 
2006 of the American Recovery and Reinvestment Act of 
2009 (Public Law 111–5) and as amended by section 9 of 
the Worker, Homeownership, and Business Assistance Act 
of 2009 (Public Law 111–92) and section 505 of the Tax
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Relief, Unemployment Insurance Reauthorization, and Job 
Creation Act of 2010 (Public Law 111–312), is amended— 
(1) by striking ‘‘June 30, 2011’’ and inserting 
‘‘August 31, 2011’’; and 
(2) by striking ‘‘December 31, 2011’’ and insert-
ing ‘‘February 29, 2012’’. 
(b) CLARIFICATION ON AUTHORITY TO USE FUNDS.— 
Funds appropriated under either the first or second sen-
tence of clause (iv) of section 2(c)(2)(D) of the Railroad Un-
employment Insurance Act shall be available to cover the 
cost of additional extended unemployment benefits provided 
under such section 2(c)(2)(D) by reason of the amendments 
made by subsection (a) as well as to cover the cost of such 
benefits provided under such section 2(c)(2)(D), as in effect 
on the day before the date of the enactment of this Act. 
TITLE III—TEMPORARY EXTEN-
SION OF HEALTH PROVISIONS 
SEC. 301. MEDICARE PHYSICIAN PAYMENT UPDATE. 
Section 1848(d) of the Social Security Act (42 U.S.C. 
1395w–4(d)) is amended by adding at the end the following 
new paragraph: 
‘‘(13) UPDATE
FOR
FIRST
TWO
MONTHS
OF 
2012.— 
‘‘(A) IN GENERAL.—Subject to paragraphs 
(7)(B), (8)(B), (9)(B), (10)(B), (11)(B), and
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(12)(B), in lieu of the update to the single con-
version factor established in paragraph (1)(C) 
that would otherwise apply for the period begin-
ning on January 1, 2012, and ending on Feb-
ruary 29, 2012, the update to the single conver-
sion factor shall be zero percent. 
‘‘(B) NO EFFECT ON COMPUTATION OF CON-
VERSION FACTOR FOR REMAINING PORTION OF 
2012 AND SUBSEQUENT YEARS.—The conversion 
factor under this subsection shall be computed 
under paragraph (1)(A) for the period beginning 
on March 1, 2012, and ending on December 31, 
2012, and for 2013 and subsequent years as if 
subparagraph (A) had never applied.’’. 
SEC. 302. 2-MONTH EXTENSION OF MMA SECTION 508 RE-
CLASSIFICATIONS. 
(a) IN GENERAL.—Section 106(a) of division B of the 
Tax Relief and Health Care Act of 2006 (42 U.S.C. 1395 
note), as amended by section 117 of the Medicare, Medicaid, 
and SCHIP Extension Act of 2007 (Public Law 110–173), 
section 124 of the Medicare Improvements for Patients and 
Providers Act of 2008 (Public Law 110–275), sections 
3137(a) and 10317 of the Patient Protection and Affordable 
Care Act (Public Law 111–148), and section 102(a) of the 
Medicare and Medicaid Extenders Act of 2010 (Public Law
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111–309), is amended by striking ‘‘September 30, 2011’’ 
and inserting ‘‘November 30, 2011’’. 
(b) SPECIAL RULE FOR OCTOBER AND NOVEMBER 
2011.— 
(1) IN GENERAL.—Subject to paragraph (2), for 
purposes of implementation of the amendment made 
by subsection (a), including for purposes of the imple-
mentation of paragraph (2) of section 117(a) of the 
Medicare, Medicaid, and SCHIP Extension Act of 
2007 (Public Law 110–173), for the period beginning 
on October 1, 2011, and ending on November 30, 
2011, the Secretary of Health and Human Services 
shall use the hospital wage index that was promul-
gated by the Secretary of Health and Human Services 
in the Federal Register on August 18, 2011 (76 Fed. 
Reg. 51476), and any subsequent corrections. 
(2) EXCEPTION.—In determining the wage index 
applicable to hospitals that qualify for wage index re-
classification, the Secretary shall, for the period be-
ginning on October 1, 2011, and ending on November 
30, 2011, include the average hourly wage data of 
hospitals whose reclassification was extended pursu-
ant to the amendment made by subsection (a) only if 
including such data results in a higher applicable re-
classified wage index. Any revision to hospital wage
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indexes made as a result of this paragraph shall not 
be effected in a budget neutral manner. 
(c) TIMEFRAME FOR PAYMENTS.—The Secretary shall 
make payments required under subsections (a) and (b) by 
not later than December 31, 2012. 
SEC. 303. EXTENSION OF MEDICARE WORK GEOGRAPHIC 
ADJUSTMENT FLOOR. 
Section 1848(e)(1)(E) of the Social Security Act (42 
U.S.C. 1395w–4(e)(1)(E)) is amended by striking ‘‘before 
January 1, 2012’’ and inserting ‘‘before March 1, 2012’’. 
SEC. 304. EXTENSION OF EXCEPTIONS PROCESS FOR MEDI-
CARE THERAPY CAPS. 
Section 1833(g)(5) of the Social Security Act (42 
U.S.C. 1395l(g)(5)) is amended by striking ‘‘December 31, 
2011’’ and inserting ‘‘February 29, 2012’’. 
SEC. 305. EXTENSION OF PAYMENT FOR TECHNICAL COM-
PONENT OF CERTAIN PHYSICIAN PATHOLOGY 
SERVICES. 
Section 542(c) of the Medicare, Medicaid, and SCHIP 
Benefits Improvement and Protection Act of 2000 (as en-
acted into law by section 1(a)(6) of Public Law 106–554), 
as amended by section 732 of the Medicare Prescription 
Drug, Improvement, and Modernization Act of 2003 (42 
U.S.C. 1395w–4 note), section 104 of division B of the Tax 
Relief and Health Care Act of 2006 (42 U.S.C. 1395w–4
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note), section 104 of the Medicare, Medicaid, and SCHIP 
Extension Act of 2007 (Public Law 110–173), section 136 
of the Medicare Improvements for Patients and Providers 
Act of 2008 (Public Law 110–275), section 3104 of the Pa-
tient Protection and Affordable Care Act (Public Law 111– 
148), and section 105 of the Medicare and Medicaid Ex-
tenders Act of 2010 (Public Law 111–309), is amended by 
striking ‘‘and 2011’’ and inserting ‘‘2011, and the first two 
months of 2012’’. 
SEC. 306. EXTENSION OF AMBULANCE ADD-ONS. 
(a) GROUND AMBULANCE.—Section 1834(l)(13)(A) of 
the Social Security Act (42 U.S.C. 1395m(l)(13)(A)) is 
amended— 
(1) in the matter preceding clause (i), by strik-
ing ‘‘January 1, 2012’’ and inserting ‘‘March 1, 
2012’’; and 
(2) in each of clauses (i) and (ii), by striking 
‘‘January 1, 2012’’ and inserting ‘‘March 1, 2012’’ 
each place it appears. 
(b) AIR AMBULANCE.—Section 146(b)(1) of the Medi-
care Improvements for Patients and Providers Act of 2008 
(Public Law 110–275), as amended by sections 3105(b) and 
10311(b) of Public Law 111–148 and section 106(b) of the 
Medicare and Medicaid Extenders Act of 2010 (Public Law
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111–309), is amended by striking ‘‘December 31, 2011’’ and 
inserting ‘‘February 29, 2012’’. 
(c) 
SUPER
RURAL
AMBULANCE.—Section 
1834(l)(12)(A) of the Social Security Act (42 U.S.C. 
1395m(l)(12)(A)) is amended by striking ‘‘January 1, 
2012’’ and inserting ‘‘March 1, 2012’’. 
SEC. 307. EXTENSION OF PHYSICIAN FEE SCHEDULE MEN-
TAL HEALTH ADD-ON PAYMENT. 
Section 138(a)(1) of the Medicare Improvements for 
Patients and Providers Act of 2008 (Public Law 110–275), 
as amended by section 3107 of the Patient Protection and 
Affordable Care Act (Public Law 111–148) and section 107 
of the Medicare and Medicaid Extenders Act of 2010 (Public 
Law 111–309), is amended by striking ‘‘December 31, 
2011’’ and inserting ‘‘February 29, 2012’’. 
SEC. 308. EXTENSION OF OUTPATIENT HOLD HARMLESS 
PROVISION. 
Section 1833(t)(7)(D)(i) of the Social Security Act (42 
U.S.C. 1395l(t)(7)(D)(i)), as amended by section 3121(a) 
of the Patient Protection and Affordable Care Act (Public 
Law 111–148) and section 108 of the Medicare and Med-
icaid Extenders Act of 2010 (Public Law 111–309), is 
amended— 
(1) in subclause (II)—
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(A) in the first sentence, by striking ‘‘Janu-
ary 1, 2012’’ and inserting ‘‘March 1, 2012’’; 
and 
(B) in the second sentence, by striking ‘‘or 
2011’’ and inserting ‘‘2011, or the first two 
months of 2012’’; and 
(2) in subclause (III)— 
(A) in the first sentence, by striking ‘‘2009, 
and’’ and all that follows through ‘‘for which’’ 
and inserting ‘‘2009, and before March 1, 2012, 
for which’’; and 
(B) in the second sentence, by striking 
‘‘2010, and’’ and all that follows through ‘‘the 
preceding’’ and inserting ‘‘2010, and before 
March 1, 2012, the preceding’’. 
SEC. 309. EXTENDING MINIMUM PAYMENT FOR BONE MASS 
MEASUREMENT. 
Section 1848 of the Social Security Act (42 U.S.C. 
1395w–4) is amended— 
(1) in subsection (b)— 
(A) in paragraph (4)(B), by striking ‘‘and 
2011’’ and inserting ‘‘, 2011, and the first 2 
months of 2012’’; and 
(B) in paragraph (6)—
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(i) in the matter preceding subpara-
graph (A), by striking ‘‘and 2011’’ and in-
serting ‘‘, 2011, and the first 2 months of 
2012’’; and 
(ii) in subparagraph (C), by striking 
‘‘and 2011’’ and inserting ‘‘, 2011, and the 
first 2 months of 2012’’; and 
(2) in subsection (c)(2)(B)(iv)(IV), by striking 
‘‘or 2011’’ and inserting ‘‘, 2011, or the first 2 
months of 2012’’. 
SEC. 310. EXTENSION OF THE QUALIFYING INDIVIDUAL (QI) 
PROGRAM. 
(a) EXTENSION.—Section 1902(a)(10)(E)(iv) of the 
Social Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is 
amended by striking ‘‘December 2011’’ and inserting ‘‘Feb-
ruary 2012’’. 
(b) EXTENDING TOTAL AMOUNT AVAILABLE FOR AL-
LOCATION.—Section 1933(g) of such Act (42 U.S.C. 1396u– 
3(g)) is amended— 
(1) in paragraph (2)— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (O); 
(B) in subparagraph (P), by striking the 
period at the end and inserting ‘‘; and’’; and
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(C) by adding at the end the following new 
subparagraphs: 
‘‘(Q) for the period that begins on January 
1, 2012, and ends on February 29, 2012, the 
total allocation amount is $150,000,000.’’. 
SEC. 311. EXTENSION OF TRANSITIONAL MEDICAL ASSIST-
ANCE (TMA). 
Sections 1902(e)(1)(B) and 1925(f) of the Social Secu-
rity Act (42 U.S.C. 1396a(e)(1)(B), 1396r–6(f)) are each 
amended by striking ‘‘December 31, 2011’’ and inserting 
‘‘February 29, 2012’’. 
SEC. 312. EXTENSION OF THE TEMPORARY ASSISTANCE 
FOR NEEDY FAMILIES PROGRAM. 
Activities authorized by part A of title IV and section 
1108(b) of the Social Security Act (other than under sub-
sections (a)(3) and (b) of section 403 of such Act) shall con-
tinue through February 29, 2012, in the manner authorized 
for fiscal year 2011, and out of any money in the Treasury 
of the United States not otherwise appropriated, there are 
hereby appropriated such sums as may be necessary for 
such purpose. Grants and payments may be made pursuant 
to this authority through the applicable portion of the sec-
ond quarter of fiscal year 2012 at the pro rata portion of 
the level provided for such activities through the second 
quarter of fiscal year 2011.
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TITLE IV—MORTGAGE FEES AND 
PREMIUMS 
SEC. 401. GUARANTEE FEES. 
Subpart A of part 2 of subtitle A of title XIII of the 
Housing and Community Development Act of 1992 is 
amended by adding after section 1326 (12 U.S.C. 4546) the 
following new section: 
‘‘SEC. 1327. ENTERPRISE GUARANTEE FEES. 
‘‘(a) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
‘‘(1) GUARANTEE
FEE.—The term ‘guarantee 
fee’— 
‘‘(A) means a fee described in subsection 
(b); and 
‘‘(B) includes— 
‘‘(i) the guaranty fee charged by the 
Federal National Mortgage Association with 
respect to mortgage-backed securities; and 
‘‘(ii) the management and guarantee 
fee charged by the Federal Home Loan 
Mortgage Corporation with respect to par-
ticipation certificates. 
‘‘(2) AVERAGE FEES.—The term ‘average fees’ 
means the average contractual fee rate of single-fam-
ily guaranty arrangements by an enterprise entered
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into during 2011, plus the recognition of any up-front 
cash payments over an estimated average life, ex-
pressed in terms of basis points. Such definition shall 
be interpreted in a manner consistent with the an-
nual report on guarantee fees by the Federal Housing 
Finance Agency. 
‘‘(b) INCREASE.— 
‘‘(1) IN GENERAL.— 
‘‘(A) PHASED INCREASE REQUIRED.—Sub-
ject to subsection (c), the Director shall require 
each enterprise to charge a guarantee fee in con-
nection with any guarantee of the timely pay-
ment of principal and interest on securities, 
notes, and other obligations based on or backed 
by mortgages on residential real properties de-
signed principally for occupancy of from 1 to 4 
families, consummated after the date of enact-
ment of this section. 
‘‘(B) AMOUNT.—The amount of the increase 
required under this section shall be determined 
by the Director to appropriately reflect the risk 
of loss, as well the cost of capital allocated to 
similar assets held by other fully private regu-
lated financial institutions, but such amount 
shall be not less than an average increase of 10
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basis points for each origination year or book 
year above the average fees imposed in 2011 for 
such guarantees. The Director shall prohibit an 
enterprise from offsetting the cost of the fee to 
mortgage originators, borrowers, and investors 
by decreasing other charges, fees, or premiums, 
or in any other manner. 
‘‘(2) AUTHORITY
TO
LIMIT
OFFER
OF
GUAR-
ANTEE.—The Director shall prohibit an enterprise 
from consummating any offer for a guarantee to a 
lender for mortgage-backed securities, if— 
‘‘(A) the guarantee is inconsistent with the 
requirements of this section; or 
‘‘(B) the risk of loss is allowed to increase, 
through lowering of the underwriting standards 
or other means, for the primary purpose of meet-
ing the requirements of this section. 
‘‘(3) DEPOSIT IN TREASURY.—Amounts received 
from fee increases imposed under this section shall be 
deposited directly into the United States Treasury, 
and shall be available only to the extent provided in 
subsequent appropriations Acts. The fees charged pur-
suant to this section shall not be considered a reim-
bursement to the Federal Government for the costs or 
subsidy provided to an enterprise.
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‘‘(B) changes to the riskiness of the new bor-
rowers compared to previous origination years 
or book years; and 
‘‘(C) any adjustments required to improve 
for future origination years or book years, in 
order to be in complete compliance with sub-
section (b); and 
‘‘(2) an assessment of how the changes in the 
guarantee fees described in paragraph (1) met the re-
quirements of subsection (b). 
‘‘(e) ENFORCEMENT.— 
‘‘(1) REQUIRED
ADJUSTMENTS.—Based on the 
information from subsection (d) and any other infor-
mation the Director deems necessary, the Director 
shall require an enterprise to make adjustments in its 
guarantee fee in order to be in compliance with sub-
section (b). 
‘‘(2) NONCOMPLIANCE PENALTY.—An enterprise 
that has been found to be out of compliance with sub-
section (b) for any 2 consecutive years shall be pre-
cluded from providing any guarantee for a period, de-
termined 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 Di-
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rector from initiating and implementing an enforce-
ment action against an enterprise, at a time the Di-
rector deems necessary, under other existing enforce-
ment 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 establish 
and collect annual premium payments for any mort-
gage for which the Secretary collects an annual pre-
mium 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 bal-
ance (excluding the portion of the remaining balance 
attributable to the premium collected under subpara-
graph (A) and without taking into account delinquent 
payments or prepayments). 
‘‘(II) During the 2-year period beginning on the 
date of enactment of this subparagraph, the Secretary
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shall increase the number of basis points of the an-
nual premium payment collected under this subpara-
graph incrementally, as determined appropriate by 
the Secretary, until the number of basis points of the 
annual premium payment collected under this sub-
paragraph is equal to the number described in sub-
clause (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 subsection 
(b)(2), the Secretary shall submit to the Committee on 
Banking, Housing, and Urban Affairs of the Senate and 
the Committee on Financial Services of the House of Rep-
resentatives a report that— 
(1) explains the basis for the determination; and 
(2) identifies the date on which the Secretary 
plans to make the determination.
† HR 3630 EAS 
TITLE V—OTHER PROVISIONS 
Subtitle A—Keystone XL Pipeline 
SEC. 501. PERMIT FOR KEYSTONE XL PIPELINE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), not later than 60 days after the date of enactment of 
this Act, the President, acting through the Secretary of 
State, shall grant a permit under Executive Order 13337 
(3 U.S.C. 301 note; relating to issuance of permits with 
respect to certain energy-related facilities and land trans-
portation crossings on the international boundaries of the 
United States) for the Keystone XL pipeline project appli-
cation filed on September 19, 2008 (including amend-
ments). 
(b) EXCEPTION.— 
(1) IN GENERAL.—The President shall not be re-
quired to grant the permit under subsection (a) if the 
President determines that the Keystone XL pipeline 
would not serve the national interest. 
(2) REPORT.—If the President determines that 
the Keystone XL pipeline is not in the national inter-
est under paragraph (1), the President shall, not later 
than 15 days after the date of the determination, sub-
mit to the Committee on Foreign Relations of the 
Senate, the Committee on Foreign Affairs of the 
House of Representatives, the majority leader of the
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Senate, the minority leader of the Senate, the Speaker 
of the House of Representatives, and the minority 
leader of the House of Representatives a report that 
provides a justification for determination, including 
consideration of economic, employment, energy secu-
rity, foreign policy, trade, and environmental factors. 
(3) EFFECT OF NO FINDING OR ACTION.—If a de-
termination is not made under paragraph (1) and no 
action is taken by the President under subsection (a) 
not later than 60 days after the date of enactment of 
this Act, the permit for the Keystone XL pipeline de-
scribed in subsection (a) that meets the requirements 
of subsections (c) and (d) shall be in effect by oper-
ation of law. 
(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 Federal, 
State, and local governmental agencies.
† HR 3630 EAS 
(3) The permittee shall take all appropriate 
measures to prevent or mitigate any adverse environ-
mental 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 August 
26, 2011, satisfies all requirements of the Na-
tional 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); 
(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 respects
† HR 3630 EAS 
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 Secretary 
of State on August 26, 2011, subject to the modi-
fication described in subsection (d); 
(B) the special conditions agreed to between 
the permittee and the Administrator of the Pipe-
line Hazardous Materials Safety Administration 
of the Department of Transportation found in 
appendix U of the final environmental impact 
statement described in subparagraph (A); 
(C) if the modified route submitted by the 
Governor of Nebraska under subsection (d)(3)(B) 
crosses the Sand Hills region, the measures 
agreed to by the permittee for the Sand Hills re-
gion found in appendix H of the final environ-
mental impact statement described in subpara-
graph (A); and 
(D) the stipulations identified in appendix 
S of the final environmental impact statement 
described in subparagraph (A).