Text: H.R.3765 — 112th Congress (2011-2012)All Information (Except Text)

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[Congressional Bills 112th Congress]
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[H.R. 3765 Enrolled Bill (ENR)]

        H.R.3765

                      One Hundred Twelfth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
            the fifth day of January, two thousand and eleven


                                 An Act


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

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

                 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 `payroll tax holiday 
period' means--
        ``(1) in the case of the tax described in subsection (a)(1), 
    calendar years 2011 and 2012, and
        ``(2) in the case of the taxes described in subsection (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 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--
            ``(A) $18,350, over
            ``(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.
        ``(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:
            ```(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 income described in paragraph (1), plus
                ```(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'.''.
    (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:
    ``(g) Recapture of Excess Benefit.--
        ``(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.
        ``(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).''.
    (d) Technical Amendments.--Paragraph (2) of section 601(b) of such 
Act (26 U.S.C. 1401 note) is amended--
        (1) by inserting ``of such Code'' after ``164(f)'';
        (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).
    (e) Effective Dates.--
        (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.
        (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.

 TITLE II--TEMPORARY EXTENSION OF UNEMPLOYMENT COMPENSATION PROVISIONS

    SEC. 201. TEMPORARY EXTENSION OF UNEMPLOYMENT COMPENSATION 
      PROVISIONS.
    (a) In General.--(1) Section 4007 of the Supplemental 
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'';
        (B) in the heading for subsection (b)(2), by striking ``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 Public 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 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''.
    (4) Section 203 of the Federal-State Extended Unemployment 
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
        (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 following:
            ``(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 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--
        (1) by striking ``June 30, 2011'' and inserting ``August 31, 
    2011''; and
        (2) by striking ``December 31, 2011'' and inserting ``February 
    29, 2012''.
    (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.

          TITLE III--TEMPORARY EXTENSION 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 (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.
            ``(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.''.
    SEC. 302. 2-MONTH EXTENSION OF MMA SECTION 508 RECLASSIFICATIONS.
    (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''.
    (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 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.
        (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.
    (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 MEDICARE 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 COMPONENT OF CERTAIN 
      PHYSICIAN PATHOLOGY SERVICES.
    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''.
    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 striking ``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 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''.
    (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 MENTAL 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 Medicaid Extenders Act of 2010 (Public Law 111-
309), is amended--
        (1) in subclause (II)--
            (A) in the first sentence, by striking ``January 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)--
                (i) in the matter preceding subparagraph (A), by 
            striking ``and 2011'' and inserting ``, 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 ``February 2012''.
    (b) Extending Total Amount Available for Allocation.--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 subparagraph (O);
            (B) in subparagraph (P), by striking the period at the end 
        and inserting ``; and''; and
            (C) by adding at the end the following new subparagraph:
            ``(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 ASSISTANCE (TMA).
    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''.
    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 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.

                  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 
            participation certificates.
        ``(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.
    ``(b) Increase.--
        ``(1) In general.--
            ``(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.
            ``(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.
        ``(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--
            ``(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 meeting 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 
    pursuant to this section shall not be considered a reimbursement to 
    the Federal Government for the costs or subsidy provided to an 
    enterprise.
    ``(c) Phase-in.--
        ``(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--
            ``(A) provide for uniform pricing among lenders;
            ``(B) provide for adjustments in pricing based on risk 
        levels; and
            ``(C) take into consideration conditions in financial 
        markets.
        ``(2) Rule of construction.--Nothing in this subsection shall 
    be interpreted to undermine the minimum increase required by 
    subsection (b).
    ``(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--
        ``(1) a description of--
            ``(A) changes made to up-front fees and annual fees as part 
        of the guarantee fees negotiated with lenders;
            ``(B) changes to the riskiness of the new borrowers 
        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 subsection (b); and
        ``(2) an assessment of how the changes in the guarantee fees 
    described in paragraph (1) met the requirements of subsection (b).
    ``(e) Enforcement.--
        ``(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).
        ``(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.
        ``(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.
    ``(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 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).
        ``(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).
        ``(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).''.
    (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 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--
        (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 amendments).
    (b) Exception.--
        (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.
        (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.
        (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.
    (c) Requirements.--The permit granted under subsection (a) shall 
require the following:
        (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.
        (2) The permittee shall obtain all requisite permits from 
    Canadian authorities and relevant Federal, State, and local 
    governmental agencies.
        (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.
        (4) For the purpose of the permit issued under subsection (a) 
    (regardless of any modifications under subsection (d))--
            (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);
            (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; and
            (C) no further Federal environmental review shall be 
        required.
        (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--
            (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);
            (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);
            (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); and
            (D) the stipulations identified in appendix S of the final 
        environmental impact statement described in subparagraph (A).
        (6) Other requirements that are standard industry practice or 
    commonly included in Federal permits that are similar to a permit 
    issued under subsection (a).
    (d) Modification.--The permit issued under subsection (a) shall 
require--
        (1) the reconsideration of routing of the Keystone XL pipeline 
    within the State of Nebraska;
        (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); and
        (3) the President--
            (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 
        Nebraska.
    (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.
    (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.

                    Subtitle B--Budgetary Provisions

    SEC. 511. SENATE POINT OF ORDER AGAINST AN EMERGENCY 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 Emergency Designation.--
        ``(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.
        ``(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 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.
        ``(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.
        ``(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.
        ``(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.''.
    SEC. 512. PAYGO SCORECARD ESTIMATES.
    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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.