Version	Word Count	Changes From Previous Version	Percent Change
Engrossed in House	6,019	n/a	n/a
Received in Senate	5,973	5	4%
Enrolled Bill	5,842	15 Show Changes Hide Changes	0%

Display Version Engrossed in House Received in Senate Enrolled Bill

HR 3765 RDS

112th CONGRESS

1st Session

H. .R.3765CommentsClose CommentsPermalink

IN THE SENATE OF One Hundred Twelfth Congress CommentsClose CommentsPermalink

CommentsClose CommentsPermalink

AT THE UNITED STATES

December 23, 2011

Ordered received

---

AN ACT

FIRST SESSIONCommentsClose CommentsPermalink

CommentsClose CommentsPermalink

To extend the payroll tax holiday, unemployment compensation, Medicare physician payment, provide for the consideration of the Keystone XL pipeline, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.CommentsClose CommentsPermalink

(a) Short Title- This Act may be cited as the ‘Temporary Payroll Tax Cut Continuation Act of 2011’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--TEMPORARY PAYROLL TAX RELIEF

Sec. 101. Extension of payroll tax holiday.CommentsClose CommentsPermalink

TITLE II--TEMPORARY EXTENSION OF UNEMPLOYMENT COMPENSATION PROVISIONS

Sec. 201. Temporary extension of unemployment compensation provisions.CommentsClose CommentsPermalink





Sec. 202. Extended unemployment benefits under the Railroad Unemployment Insurance Act.CommentsClose CommentsPermalink

TITLE III--TEMPORARY EXTENSION OF HEALTH PROVISIONS

Sec. 301. Medicare physician payment update.CommentsClose CommentsPermalink





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





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





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





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





Sec. 306. Extension of ambulance add-ons.CommentsClose CommentsPermalink





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





Sec. 308. Extension of outpatient hold harmless provision.CommentsClose CommentsPermalink





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





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





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





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

TITLE IV--MORTGAGE FEES AND PREMIUMS

Sec. 401. Guarantee Fees.CommentsClose CommentsPermalink





Sec. 402. FHA guarantee fees.CommentsClose CommentsPermalink

TITLE V--OTHER PROVISIONS

Subtitle A--Keystone XL Pipeline

Sec. 501. Permit for Keystone XL pipeline.CommentsClose CommentsPermalink

Subtitle B--Budgetary Provisions

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





Sec. 512. PAYGO scorecard estimates.CommentsClose CommentsPermalink

TITLE I--TEMPORARY PAYROLL TAX RELIEFCommentsClose CommentsPermalink

SEC. 101. EXTENSION OF PAYROLL TAX HOLIDAY.CommentsClose CommentsPermalink

(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:CommentsClose CommentsPermalink





‘(c) Payroll Tax Holiday Period- The term ‘payroll tax holiday period’ means--CommentsClose CommentsPermalink





‘(1) in the case of the tax described in subsection (a)(1), calendar years 2011 and 2012, andCommentsClose CommentsPermalink





‘(2) in the case of the taxes described in subsection (a)(2), the period beginning January 1, 2011, and ending February 29, 2012.’.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(f) Special Rules for 2012-CommentsClose CommentsPermalink





‘(1) LIMITATION ON SELF-EMPLOYMENT INCOME- In the case of any taxable year beginning in 2012, subsection (a)(1) shall only apply with respect to so much of the taxpayer’s self-employment income (as defined in section 1402(b) of the Internal Revenue Code of 1986) as does not exceed the excess (if any) of--CommentsClose CommentsPermalink





‘(A) $18,350, overCommentsClose CommentsPermalink





‘(B) the amount of wages and compensation received during the portion of the payroll tax holiday period occurring during 2012 subject to tax under section 3101(a) of such Code or section 3201(a) of such Code.CommentsClose CommentsPermalink





‘(2) COORDINATION WITH DEDUCTION FOR EMPLOYMENT TAXES- In the case of a taxable year beginning in 2012, subparagraph (A) of subsection (b)(2) shall be applied as if it read as follows:CommentsClose CommentsPermalink





‘(A) the sum of--CommentsClose CommentsPermalink





‘(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 income described in paragraph (1), plusCommentsClose CommentsPermalink





‘(ii) one-half of the portion of such taxes attributable to the tax imposed by section 1401(a) of such Code (determined without regard to this section) on self-employment income (as so defined) in excess of such amount, plus’.’.CommentsClose CommentsPermalink





(c) Recapture of Excess Benefit- Section 601 of such Act (26 U.S.C. 1401 note), as amended by subsection (b), is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(g) Recapture of Excess Benefit-CommentsClose CommentsPermalink





‘(1) IN GENERAL- There is hereby imposed on the income of every individual a tax equal to 2 percent of the sum of wages (within the meaning of section 3121(a)(1) of the Internal Revenue Code of 1986) and compensation (to which section 3201(a) of such Code applies) received during the period beginning January 1, 2012, and ending February 29, 2012, to the extent the amount of such sum exceeds $18,350.CommentsClose CommentsPermalink





‘(2) REGULATIONS- The Secretary of the Treasury or the Secretary’s delegate shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out this subsection, including guidance for payment by the employee of the tax imposed by paragraph (1).’.CommentsClose CommentsPermalink





(d) Technical Amendments- Paragraph (2) of section 601(b) of such Act (26 U.S.C. 1401 note) is amended--CommentsClose CommentsPermalink





(1) by inserting ‘of such Code’ after ‘164(f)’;CommentsClose CommentsPermalink





(2) by inserting ‘of such Code’ after ‘1401(a)’ in subparagraph (A); andCommentsClose CommentsPermalink





(3) by inserting ‘of such Code’ after ‘1401(b)’ in subparagraph (B).CommentsClose CommentsPermalink





(e) Effective Dates-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this section shall apply to remuneration received, and taxable years beginning, after December 31, 2011.CommentsClose CommentsPermalink





(2) TECHNICAL AMENDMENTS- The amendments made by subsection (d) shall take effect as if included in the enactment of section 601 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010.CommentsClose CommentsPermalink

TITLE II--TEMPORARY EXTENSION OF UNEMPLOYMENT COMPENSATION PROVISIONSCommentsClose CommentsPermalink

SEC. 201. TEMPORARY EXTENSION OF UNEMPLOYMENT COMPENSATION PROVISIONS.CommentsClose CommentsPermalink

(a) In General- (1) Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--CommentsClose CommentsPermalink





(A) by striking ‘January 3, 2012’ each place it appears and inserting ‘March 6, 2012’;CommentsClose CommentsPermalink





(B) in the heading for subsection (b)(2), by striking ‘JANUARY 3, 2012’ and inserting ‘MARCH 6, 2012’; andCommentsClose CommentsPermalink





(C) in subsection (b)(3), by striking ‘June 9, 2012’ and inserting ‘August 15, 2012’.CommentsClose CommentsPermalink





(2) Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended--CommentsClose CommentsPermalink





(A) by striking ‘January 4, 2012’ each place it appears and inserting ‘March 7, 2012’; andCommentsClose CommentsPermalink





(B) in subsection (c), by striking ‘June 11, 2012’ and inserting ‘August 15, 2012’.CommentsClose CommentsPermalink





(3) Section 5 of the Unemployment Compensation Extension 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’.CommentsClose CommentsPermalink





(4) Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended--CommentsClose CommentsPermalink





(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’; andCommentsClose CommentsPermalink





(B) in subsection (f)(2), by striking ‘December 31, 2011’ and inserting ‘February 29, 2012’.CommentsClose CommentsPermalink





(b) Funding- Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (F), by striking ‘and’ at the end; andCommentsClose CommentsPermalink





(2) by inserting after subparagraph (G) the following:CommentsClose CommentsPermalink





‘(H) the amendments made by section 201(a)(1) of the Temporary Payroll Tax Cut Continuation Act of 2011; and’.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

SEC. 202. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT.CommentsClose CommentsPermalink

(a) Extension- Section 2(c)(2)(D)(iii) of the Railroad 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 Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (Public Law 111-312), is amended--CommentsClose CommentsPermalink





(1) by striking ‘June 30, 2011’ and inserting ‘August 31, 2011’; andCommentsClose CommentsPermalink





(2) by striking ‘December 31, 2011’ and inserting ‘February 29, 2012’.CommentsClose CommentsPermalink





(b) Clarification on Authority to Use Funds- Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment 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.CommentsClose CommentsPermalink

TITLE III--TEMPORARY EXTENSION OF HEALTH PROVISIONSCommentsClose CommentsPermalink

SEC. 301. MEDICARE PHYSICIAN PAYMENT UPDATE.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(13) UPDATE FOR FIRST TWO MONTHS OF 2012-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subject to paragraphs (7)(B), (8)(B), (9)(B), (10)(B), (11)(B), and (12)(B), in lieu of the update to the single conversion factor established in paragraph (1)(C) that would otherwise apply for the period beginning on January 1, 2012, and ending on February 29, 2012, the update to the single conversion factor shall be zero percent.CommentsClose CommentsPermalink





‘(B) NO EFFECT ON COMPUTATION OF CONVERSION 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.’.CommentsClose CommentsPermalink

SEC. 302. 2-MONTH EXTENSION OF MMA SECTION 508 RECLASSIFICATIONS.CommentsClose CommentsPermalink

(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 111-309), is amended by striking ‘September 30, 2011’ and inserting ‘November 30, 2011’.CommentsClose CommentsPermalink





(b) Special Rule for October and November 2011-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), for purposes of implementation of the amendment made by subsection (a), including for purposes of the implementation 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 promulgated by the Secretary of Health and Human Services in the Federal Register on August 18, 2011 (76 Fed. Reg. 51476), and any subsequent corrections.CommentsClose CommentsPermalink





(2) EXCEPTION- In determining the wage index applicable to hospitals that qualify for wage index reclassification, the Secretary shall, for the period beginning on October 1, 2011, and ending on November 30, 2011, include the average hourly wage data of hospitals whose reclassification was extended pursuant to the amendment made by subsection (a) only if including such data results in a higher applicable reclassified wage index. Any revision to hospital wage indexes made as a result of this paragraph shall not be effected in a budget neutral manner.CommentsClose CommentsPermalink





(c) Timeframe for Payments- The Secretary shall make payments required under subsections (a) and (b) by not later than December 31, 2012.CommentsClose CommentsPermalink

SEC. 303. EXTENSION OF MEDICARE WORK GEOGRAPHIC ADJUSTMENT FLOOR.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink

SEC. 304. EXTENSION OF EXCEPTIONS PROCESS FOR MEDICARE THERAPY CAPS.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink

SEC. 305. EXTENSION OF PAYMENT FOR TECHNICAL COMPONENT OF CERTAIN PHYSICIAN PATHOLOGY SERVICES.CommentsClose CommentsPermalink

Section 542(c) of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted 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 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 Patient Protection and Affordable Care Act (Public Law 111-148), and section 105 of the Medicare and Medicaid Extenders Act of 2010 (Public Law 111-309), is amended by striking ‘and 2011’ and inserting ‘2011, and the first two months of 2012’.CommentsClose CommentsPermalink

SEC. 306. EXTENSION OF AMBULANCE ADD-ONS.CommentsClose CommentsPermalink

(a) Ground Ambulance- Section 1834(l)(13)(A) of the Social Security Act (42 U.S.C. 1395m(l)(13)(A)) is amended--CommentsClose CommentsPermalink





(1) in the matter preceding clause (i), by striking ‘January 1, 2012’ and inserting ‘March 1, 2012’; andCommentsClose CommentsPermalink





(2) in each of clauses (i) and (ii), by striking ‘January 1, 2012’ and inserting ‘March 1, 2012’ each place it appears.CommentsClose CommentsPermalink





(b) Air Ambulance- Section 146(b)(1) of the Medicare 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 111-309), is amended by striking ‘December 31, 2011’ and inserting ‘February 29, 2012’.CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink

SEC. 307. EXTENSION OF PHYSICIAN FEE SCHEDULE MENTAL HEALTH ADD-ON PAYMENT.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink

SEC. 308. EXTENSION OF OUTPATIENT HOLD HARMLESS PROVISION.CommentsClose CommentsPermalink

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 Medicaid Extenders Act of 2010 (Public Law 111-309), is amended--CommentsClose CommentsPermalink





(1) in subclause (II)--CommentsClose CommentsPermalink





(A) in the first sentence, by striking ‘January 1, 2012’ and inserting ‘March 1, 2012’; andCommentsClose CommentsPermalink





(B) in the second sentence, by striking ‘or 2011’ and inserting ‘2011, or the first two months of 2012’; andCommentsClose CommentsPermalink





(2) in subclause (III)--CommentsClose CommentsPermalink





(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’; andCommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink

SEC. 309. EXTENDING MINIMUM PAYMENT FOR BONE MASS MEASUREMENT.CommentsClose CommentsPermalink

Section 1848 of the Social Security Act (42 U.S.C. 1395w-4) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (4)(B), by striking ‘and 2011’ and inserting ‘, 2011, and the first 2 months of 2012’; andCommentsClose CommentsPermalink





(B) in paragraph (6)--CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A), by striking ‘and 2011’ and inserting ‘, 2011, and the first 2 months of 2012’; andCommentsClose CommentsPermalink





(ii) in subparagraph (C), by striking ‘and 2011’ and inserting ‘, 2011, and the first 2 months of 2012’; andCommentsClose CommentsPermalink





(2) in subsection (c)(2)(B)(iv)(IV), by striking ‘or 2011’ and inserting ‘, 2011, or the first 2 months of 2012’.CommentsClose CommentsPermalink

SEC. 310. EXTENSION OF THE QUALIFYING INDIVIDUAL (QI) PROGRAM.CommentsClose CommentsPermalink

(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 ‘February 2012’.CommentsClose CommentsPermalink





(b) Extending Total Amount Available for Allocation- Section 1933(g) of such Act (42 U.S.C. 1396u-3(g)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)--CommentsClose CommentsPermalink





(A) by striking ‘and’ at the end of subparagraph (O);CommentsClose CommentsPermalink





(B) in subparagraph (P), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(Q) for the period that begins on January 1, 2012, and ends on February 29, 2012, the total allocation amount is $150,000,000.’.CommentsClose CommentsPermalink

SEC. 311. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA).CommentsClose CommentsPermalink

Sections 1902(e)(1)(B) and 1925(f) of the Social Security 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’.CommentsClose CommentsPermalink

SEC. 312. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM.CommentsClose CommentsPermalink

Activities authorized by part A of title IV and section 1108(b) of the Social Security Act (other than under subsections (a)(3) and (b) of section 403 of such Act) shall continue 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 second 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.CommentsClose CommentsPermalink

TITLE IV--MORTGAGE FEES AND PREMIUMSCommentsClose CommentsPermalink

SEC. 401. GUARANTEE FEES.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

‘SEC. 1327. ENTERPRISE GUARANTEE FEES.CommentsClose CommentsPermalink

‘(a) Definitions- For purposes of this section, the following definitions shall apply:CommentsClose CommentsPermalink





‘(1) GUARANTEE FEE- The term ‘guarantee fee’--CommentsClose CommentsPermalink





‘(A) means a fee described in subsection (b); andCommentsClose CommentsPermalink





‘(B) includes--CommentsClose CommentsPermalink





‘(i) the guaranty fee charged by the Federal National Mortgage Association with respect to mortgage-backed securities; andCommentsClose CommentsPermalink





‘(ii) the management and guarantee fee charged by the Federal Home Loan Mortgage Corporation with respect to participation certificates.CommentsClose CommentsPermalink





‘(2) AVERAGE FEES- The term ‘average fees’ means the average contractual fee rate of single-family guaranty arrangements by an enterprise entered into during 2011, plus the recognition of any up-front cash payments over an estimated average life, expressed in terms of basis points. Such definition shall be interpreted in a manner consistent with the annual report on guarantee fees by the Federal Housing Finance Agency.CommentsClose CommentsPermalink





‘(b) Increase-CommentsClose CommentsPermalink





‘(1) IN GENERAL-CommentsClose CommentsPermalink





‘(A) PHASED INCREASE REQUIRED- Subject to subsection (c), the Director shall require each enterprise to charge a guarantee fee in connection with any guarantee of the timely payment of principal and interest on securities, notes, and other obligations based on or backed by mortgages on residential real properties designed principally for occupancy of from 1 to 4 families, consummated after the date of enactment of this section.CommentsClose CommentsPermalink





‘(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 regulated financial institutions, but such amount shall be not less than an average increase of 10 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.CommentsClose CommentsPermalink





‘(2) AUTHORITY TO LIMIT OFFER OF GUARANTEE- The Director shall prohibit an enterprise from consummating any offer for a guarantee to a lender for mortgage-backed securities, if--CommentsClose CommentsPermalink





‘(A) the guarantee is inconsistent with the requirements of this section; orCommentsClose CommentsPermalink





‘(B) the risk of loss is allowed to increase, through lowering of the underwriting standards or other means, for the primary purpose of meeting the requirements of this section.CommentsClose CommentsPermalink





‘(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 pursuant to this section shall not be considered a reimbursement to the Federal Government for the costs or subsidy provided to an enterprise.CommentsClose CommentsPermalink





‘(c) Phase-in-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Director may provide for compliance with subsection (b) by allowing each enterprise to increase the guarantee fee charged by the enterprise gradually over the 2-year period beginning on the date of enactment of this section, in a manner sufficient to comply with this section. In determining a schedule for such increases, the Director shall--CommentsClose CommentsPermalink





‘(A) provide for uniform pricing among lenders;CommentsClose CommentsPermalink





‘(B) provide for adjustments in pricing based on risk levels; andCommentsClose CommentsPermalink





‘(C) take into consideration conditions in financial markets.CommentsClose CommentsPermalink





‘(2) RULE OF CONSTRUCTION- Nothing in this subsection shall be interpreted to undermine the minimum increase required by subsection (b).CommentsClose CommentsPermalink





‘(d) Information Collection and Annual Analysis- The Director shall require each enterprise to provide to the Director, as part of its annual report submitted to Congress--CommentsClose CommentsPermalink





‘(1) a description of--CommentsClose CommentsPermalink





‘(A) changes made to up-front fees and annual fees as part of the guarantee fees negotiated with lenders;CommentsClose CommentsPermalink





‘(B) changes to the riskiness of the new borrowers compared to previous origination years or book years; andCommentsClose CommentsPermalink





‘(C) any adjustments required to improve for future origination years or book years, in order to be in complete compliance with subsection (b); andCommentsClose CommentsPermalink





‘(2) an assessment of how the changes in the guarantee fees described in paragraph (1) met the requirements of subsection (b).CommentsClose CommentsPermalink





‘(e) Enforcement-CommentsClose CommentsPermalink





‘(1) REQUIRED ADJUSTMENTS- Based on the information from subsection (d) and any other information the Director deems necessary, the Director shall require an enterprise to make adjustments in its guarantee fee in order to be in compliance with subsection (b).CommentsClose CommentsPermalink





‘(2) NONCOMPLIANCE PENALTY- An enterprise 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 period, determined by rule of the Director, but in no case less than 1 year.CommentsClose CommentsPermalink





‘(3) RULE OF CONSTRUCTION- Nothing in this subsection shall be interpreted as preventing the Director from initiating and implementing an enforcement action against an enterprise, at a time the Director deems necessary, under other existing enforcement authority.CommentsClose CommentsPermalink





‘(f) Expiration- The provisions of this section shall expire on October 1, 2021.’.CommentsClose CommentsPermalink

SEC. 402. FHA GUARANTEE FEES.CommentsClose CommentsPermalink

(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:CommentsClose CommentsPermalink





‘(C)(i) In addition to the premiums under subparagraphs (A) and (B), the Secretary shall establish and collect annual premium payments for any mortgage for which the Secretary collects an annual premium payment under subparagraph (B), in an amount described in clause (ii).CommentsClose CommentsPermalink





‘(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 balance attributable to the premium collected under subparagraph (A) and without taking into account delinquent payments or prepayments).CommentsClose CommentsPermalink





‘(II) During the 2-year period beginning on the date of enactment of this subparagraph, the Secretary shall increase the number of basis points of the annual premium payment collected under this subparagraph incrementally, as determined appropriate by the Secretary, until the number of basis points of the annual premium payment collected under this subparagraph is equal to the number described in subclause (I).’.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Report Required- Not later than 30 days before 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 Representatives a report that--CommentsClose CommentsPermalink





(1) explains the basis for the determination; andCommentsClose CommentsPermalink





(2) identifies the date on which the Secretary plans to make the determination.CommentsClose CommentsPermalink

TITLE V--OTHER PROVISIONSCommentsClose CommentsPermalink

Subtitle A--Keystone XL PipelineCommentsClose CommentsPermalink

SEC. 501. PERMIT FOR KEYSTONE XL PIPELINE.CommentsClose CommentsPermalink

(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 amendments).CommentsClose CommentsPermalink





(b) Exception-CommentsClose CommentsPermalink





(1) IN GENERAL- The President shall not be required to grant the permit under subsection (a) if the President determines that the Keystone XL pipeline would not serve the national interest.CommentsClose CommentsPermalink





(2) REPORT- If the President determines that the Keystone XL pipeline is not in the national interest under paragraph (1), the President shall, not later than 15 days after the date of the determination, 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 determination, including consideration of economic, employment, energy security, foreign policy, trade, and environmental factors.CommentsClose CommentsPermalink





(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 enactment 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.CommentsClose CommentsPermalink





(c) Requirements- The permit granted under subsection (a) shall require the following:CommentsClose CommentsPermalink





(1) The permittee shall comply with all applicable Federal and State laws (including regulations) and all applicable industrial codes regarding the construction, connection, operation, and maintenance of the United States facilities.CommentsClose CommentsPermalink





(2) The permittee shall obtain all requisite permits from Canadian authorities and relevant Federal, State, and local governmental agencies.CommentsClose CommentsPermalink





(3) The permittee shall take all appropriate measures to prevent or mitigate any adverse environmental impact or disruption of historic properties in connection with the construction, operation, and maintenance of the United States facilities.CommentsClose CommentsPermalink





(4) For the purpose of the permit issued under subsection (a) (regardless of any modifications under subsection (d))--CommentsClose CommentsPermalink





(A) the final environmental impact statement issued by the Secretary of State on August 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 National Historic Preservation Act (16 U.S.C. 470f);CommentsClose CommentsPermalink





(B) any modification required by the Secretary of State to the Plan described in paragraph (5)(A) shall not require supplementation of the final environmental impact statement described in that paragraph; andCommentsClose CommentsPermalink





(C) no further Federal environmental review shall be required.CommentsClose CommentsPermalink





(5) The construction, operation, and maintenance of the facilities shall be in all material respects similar to that described in the application described in subsection (a) and in accordance with--CommentsClose CommentsPermalink





(A) the construction, mitigation, and reclamation measures agreed to by the permittee in the Construction Mitigation and Reclamation Plan found in appendix B of the final environmental impact statement issued by the Secretary of State on August 26, 2011, subject to the modification described in subsection (d);CommentsClose CommentsPermalink





(B) the special conditions agreed to between the permittee and the Administrator of the Pipeline Hazardous Materials Safety Administration of the Department of Transportation found in appendix U of the final environmental impact statement described in subparagraph (A);CommentsClose CommentsPermalink





(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 region found in appendix H of the final environmental impact statement described in subparagraph (A); andCommentsClose CommentsPermalink





(D) the stipulations identified in appendix S of the final environmental impact statement described in subparagraph (A).CommentsClose CommentsPermalink





(6) Other requirements that are standard industry practice or commonly included in Federal permits that are similar to a permit issued under subsection (a).CommentsClose CommentsPermalink





(d) Modification- The permit issued under subsection (a) shall require--CommentsClose CommentsPermalink





(1) the reconsideration of routing of the Keystone XL pipeline within the State of Nebraska;CommentsClose CommentsPermalink





(2) a review period during which routing within the State of Nebraska may be reconsidered and the route of the Keystone XL pipeline through the State altered with any accompanying modification to the Plan described in subsection (c)(5)(A); andCommentsClose CommentsPermalink





(3) the President--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) to approve the route within the State of Nebraska that has been submitted to the Secretary of State by the Governor of Nebraska.CommentsClose CommentsPermalink





(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 submission, 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 subsection (a) that meets the requirements of subsection (c) and this subsection, by operation of law.CommentsClose CommentsPermalink





(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 property owners to construct the Keystone XL pipeline.CommentsClose CommentsPermalink

Subtitle B--Budgetary ProvisionsCommentsClose CommentsPermalink

SEC. 511. SENATE POINT OF ORDER AGAINST AN EMERGENCY DESIGNATION.CommentsClose CommentsPermalink

Section 314 of the Congressional Budget Act of 1974 is amended by--CommentsClose CommentsPermalink





(1) redesignating subsection (e) as subsection (f); andCommentsClose CommentsPermalink





(2) inserting after subsection (d) the following:CommentsClose CommentsPermalink





‘(e) Senate Point of Order Against an Emergency Designation-CommentsClose CommentsPermalink





‘(1) IN GENERAL- When the Senate is considering a bill, resolution, amendment, motion, amendment between the Houses, or conference report, if a point of order is made by a Senator against an emergency designation in that measure, that provision making such a designation shall be stricken from the measure and may not be offered as an amendment from the floor.CommentsClose CommentsPermalink





‘(2) SUPERMAJORITY WAIVER AND APPEALS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) APPEALS- Appeals in the Senate from the decisions of the Chair relating to any provision of this subsection shall be limited to 1 hour, to be equally divided between, and controlled 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.CommentsClose CommentsPermalink





‘(3) DEFINITION OF AN EMERGENCY DESIGNATION- 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 Emergency Deficit Control Act of 1985.CommentsClose CommentsPermalink





‘(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 Congressional Budget Act of 1974.CommentsClose CommentsPermalink





‘(5) CONFERENCE REPORTS- When the Senate 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 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 debatable. 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.’.CommentsClose CommentsPermalink

SEC. 512. PAYGO SCORECARD ESTIMATES.CommentsClose CommentsPermalink

The budgetary effects of this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.CommentsClose CommentsPermalink

PassedSpeaker of the House of Representatives December 23, 2011.

Attest:

KAREN L. HAAS,

Clerk.CommentsClose CommentsPermalink

President of the Senate.CommentsClose CommentsPermalink