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[House Report 113-88]
[From the U.S. Government Publishing Office]

113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     113-88

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    PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3) TO APPROVE THE 
 CONSTRUCTION, OPERATION, AND MAINTENANCE OF THE KEYSTONE XL PIPELINE, 
                         AND FOR OTHER PURPOSES

                                _______
                                

May 21, 2013.--Referred to the House Calendar and ordered to be printed

                                _______
                                

               Mr. Webster, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 228]

    The Committee on Rules, having had under consideration 
House Resolution 228, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 3, the 
Northern Route Approval Act, under a structured rule. The 
resolution provides 90 minutes of general debate equally 
divided among and controlled by the respective chairs and 
ranking minority members of the Committees on Transportation 
and Infrastructure, Energy and Commerce, and Natural Resources. 
The resolution waives all points of order against consideration 
of the bill. The resolution makes in order as original text for 
purpose of amendment an amendment in the nature of a substitute 
consisting of the text of Rules Committee Print 113-11 and 
provides that it shall be considered as read. The resolution 
waives all points of order against the amendment in the nature 
of a substitute. The resolution makes in order only those 
further amendments printed in this report. Each such amendment 
may be offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question in the 
House or in the Committee of the Whole. The resolution waives 
all points of order against the amendments printed in this 
report. The resolution provides one motion to recommit with or 
without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives of all points of order 
against the amendment in the nature of a substitute made in 
order as original text for the purpose of amendment, the 
Committee is not aware of any points of order. The waiver is 
prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Weber, Randy (TX): Adds to the findings in Section 2 
highlighting the State Department's scientific and 
environmental findings which conclude that the Keystone XL 
pipeline is a safe and environmentally sound project. (10 
minutes)
    2. Waxman (CA): Adds a finding that ``the reliance on oil 
sands crudes for transportation fuels would likely result in an 
increase in incremental greenhouse gas emissions'' in the 
United States, resulting in additional greenhouse gas emissions 
equal to 4.3 million passenger vehicles. Also provides that the 
bill will not go into effect unless the President finds that 
TransCanada or tar sands producers will fully offset the 
additional greenhouse gas emissions. (10 minutes)
    3. Johnson, Hank (GA): Requires a study on the health 
impacts of increased air pollution in communities surrounding 
the refineries that will transport diluted bitumen through the 
proposed Keystone XL pipeline. (10 minutes)
    4. Connolly (VA): Requires a threat assessment of pipeline 
vulnerabilities to terrorist attack and corrective actions 
necessary to protect the pipeline from such an attack and to 
mitigate any resulting spill. (10 minutes)
    5. Rahall (WV), DeFazio (OR): Strikes section 3 of the bill 
(Keystone XL Permit Approval). Section 3 eliminates the 
requirement for a Presidential Permit to construct the Keystone 
XL pipeline across an international border. Section 3 further 
deems the new application for the Keystone XL pipeline 
approved, based on a final environmental impact statement 
issued by the U.S. Department of State for a different pipeline 
route. (10 minutes)
    6. Esty (CT): Removes the mandate to allow one specifically 
named company to never receive appropriate oversight through 
the permit process for operation and/or maintenance--in 
perpetuity, while allowing construction permit fast-track. (10 
minutes)
    7. Jackson Lee (TX): Lengthens the time period for filing a 
claim under the Act from 60 days to 1 year. (10 minutes)
    8. Chu (CA), Polis (CO), Connolly (VA): Requires the GAO to 
conduct a study and prepare a report of the Keystone XL 
pipeline to determine the total projected costs of pipeline 
spill cleanup, including the potential impacts of a petroleum 
spill on public health and the environment and the quantity and 
quality of water available for agricultural and municipal 
purposes. (10 minutes)
    9. Cohen (TN): Requires TransCanada to submit its oil spill 
response plan, and any updates to the plan, to the Governors of 
each State in which the Keystone XL pipeline operates. 
TransCanada is required to develop such a plan under current 
law and regulations; only certain Federal agencies receive and 
review the plan. (10 minutes)
    10. Holt (NJ): Increases American energy independence by 
requiring that all oil and refined fuels transported through 
the Keystone XL Pipeline be used here in the United States and 
not exported, unless the President finds that an exception is 
required by law or in the national interest. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

 1. An Amendment To Be Offered by Representative Weber of Texas or His 
                   Designee, Debatable for 10 Minutes

  Page 2, line 18, strike ``pipeline.'' and insert ``pipeline, 
and--
                  (A) the Department of State assessments found 
                that the Keystone XL pipeline ``is not likely 
                to impact the amount of crude oil produced from 
                the oil sands'' and that ``approval or denial 
                of the proposed project is unlikely to have a 
                substantial impact on the rate of development 
                in the oil sands'';
                  (B) the Department of State found that 
                incremental life-cycle greenhouse gas emissions 
                associated with the Keystone XL project are 
                estimated in the range of 0.07 to 0.83 million 
                metric tons of carbon dioxide equivalents, with 
                the upper end of this range representing twelve 
                one-thousandths of one percent of the 6,702 
                million metric tons of carbon dioxide emitted 
                in the United States in 2011; and
                  (C) after extensive evaluation of potential 
                impacts to land and water resources along the 
                Keystone XL pipeline's 875 mile proposed route, 
                the Department of State found that ``The 
                analyses of potential impacts associated with 
                construction and normal operation of the 
                proposed Project suggest that there would be no 
                significant impacts to most resources along the 
                proposed Project route (assuming Keystone 
                complies with all laws and required conditions 
                and measures).''.''.
  Page 2, line 21, strike ``of doing so.'' and insert ``of 
doing so, and--
                  (A) transportation of oil via pipeline has a 
                record of unmatched safety and environmental 
                protection, and the Department of State found 
                that ``Spills associated with the proposed 
                Project that enter the environment expected to 
                be rare and relatively small'', and that 
                ``there is no evidence of increased corrosion 
                or other pipeline threat due to viscosity'' of 
                diluted bitumen oil that will be transported by 
                the Keystone XL pipeline; and
                  (B) plans to incorporate 57 project-specific 
                special conditions related to the design, 
                construction, and operations of the Keystone XL 
                pipeline led the Department of State to find 
                that the pipeline will have ``a degree of 
                safety over any other typically constructed 
                domestic oil pipeline''.''.
                              ----------                              

2. An Amendment To Be Offered by Representative Waxman of California or 
                 His Designee, Debatable for 10 Minutes

  Page 3, after line 2, insert the following new paragraph:
          (8) The Draft Supplemental Environmental Impact 
        Statement for the Keystone XL Project issued by the 
        Department of State on March 1, 2013, finds that ``the 
        reliance on oil sands crudes for transportation fuels 
        would likely result in an increase in incremental 
        greenhouse gas emissions'' in comparison to the 
        greenhouse gas emissions from the crude oils used in 
        the United States, as measured over the full life-cycle 
        of the fuels. The Draft Supplemental Environmental 
        Impact Statement finds that based on the quantity of 
        tar sands crude to be transported by the Keystone XL 
        pipeline, there could be up to 20.8 million metric tons 
        of carbon dioxide-equivalent emissions additional per 
        year, which is equivalent to the annual emissions from 
        4,312,500 passenger vehicles.
  At the end of the bill, add the following new section:

SEC. 9. OFFSETTING CLIMATE CHANGE IMPACTS.

  This Act shall not become effective unless the President 
finds that the additional greenhouse gas emissions from the 
increased use of tar sands crude referenced in section 2(8) 
will be fully offset by TransCanada or tar sands producers 
through an equal quantity of additional greenhouse gas 
emissions reductions each year.
                              ----------                              

 3. An Amendment To Be Offered by Representative Johnson of Georgia or 
                 His Designee, Debatable for 10 Minutes

  Page 3, line 4, insert ``(a) In General.--'' before 
``Notwithstanding Executive''.
  Page 3, after line 21, insert the following new subsection:
  (f) Required Study.--Notwithstanding subsection (a), final 
approval of construction and operation of the Keystone XL 
pipeline shall not occur until the President has determined 
that the appropriate Federal agency has completed a study of 
the health impacts of increased air pollution in communities 
near refineries that will process up to 830,000 barrels per day 
of tar sands crude transported through the Keystone XL 
pipeline, including an assessment of the cumulative air 
pollution impacts on these communities, many of which already 
experience unhealthy levels of air pollution.
                              ----------                              

4. An Amendment To Be Offered by Representative Connolly of Virginia or 
                 His Designee, Debatable for 10 Minutes

  Page 3, line 4, insert ``(a) In General.--'' before 
``Notwithstanding Executive Order''.
  Page 3, after line 21, insert the following new subsection:
  (b) Threat Assessment.--Subsection (a) shall not apply until 
the Pipeline and Hazardous Materials Safety Administration, in 
consultation with the Department of Homeland Security, conducts 
a study of the vulnerabilities of the pipeline to terrorist 
attack and certifies that the necessary protections have been 
put in place so that the pipeline would withstand such an 
attack and a spill resulting from such an attack.
                              ----------                              

5. An Amendment To Be Offered by Representative Rahall of West Virginia 
               or His Designee, Debatable for 10 Minutes

  Strike section 3 of the committee print (and redesignate 
subsequent sections accordingly).
                              ----------                              

6. An Amendment To Be Offered by Representative Esty of Connecticut or 
                 Her Designee, Debatable for 10 Minutes

  Page 4, line 6, strike ``or maintenance''.
  Page 5, line 23, strike ``or operation and maintenance''.
  Page 6, beginning on line 18, strike ``, operation, and 
maintenance''.
                              ----------                              

7. An Amendment To Be Offered by Representative Jackson Lee of Texas or 
                 Her Designee, Debatable for 10 Minutes

  Page 4, line 21, strike ``60 days'' and insert ``1 year''.
                              ----------                              

 8. An Amendment To Be Offered by Representative Chu of California or 
                 Her Designee, Debatable for 10 Minutes

  Page 7, after line 23, insert the following:

SEC. 9. POTENTIAL IMPACTS OF PIPELINE SPILL.

  (a) Study.-- The Comptroller General of the United States 
shall conduct a study of the Keystone XL pipeline project to 
determine--
          (1) the total projected costs of cleanup activities 
        that would be required in the event of a discharge of 
        oil and hazardous substances from the project; and
          (2) the potential impacts of such a discharge on--
                  (A) public health;
                  (B) the environment; and
                  (C) the quantity and quality of water 
                available for agricultural and municipal 
                purposes.
  (b) Report.--The Comptroller General shall submit to Congress 
a report containing the findings of the study required under 
subsection (a).
                              ----------                              

 9. An Amendment To Be Offered by Representative Cohen of Tennessee or 
                 His Designee, Debatable for 10 Minutes

  Page 7, after line 23, insert the following:

SEC. 9. OIL SPILL RESPONSE PLAN DISCLOSURE.

  (a) In General.--Any pipeline owner or operator required 
under Federal law to develop an oil spill response plan for the 
Keystone XL pipeline shall make such plan available to the 
Governor of each State in which such pipeline operates to 
assist with emergency response preparedness.
  (b) Updates.--A pipeline owner or operator required to make 
available to a Governor a plan under subsection (a) shall make 
available to such Governor any update of such plan not later 
than 7 days after the date on which such update is made.
                              ----------                              

10. An Amendment To Be Offered by Representative Holt of New Jersey or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following new section:

SEC. 9. ENERGY SECURITY.

  This Act shall not take effect until the President determines 
that any crude oil and bitumen transported by the Keystone XL 
pipeline, and all refined petroleum products whose origin was 
via importation of crude oil or bitumen by the Keystone XL 
pipeline, will be entered into domestic commerce for use as a 
fuel, or for the manufacture of another product, in the United 
States, except in the following situations:
          (1) Where the President determines that providing an 
        exception is in the national interest.
          (2) Where providing an exception is necessary under 
        the Constitution, a law, or an international agreement.

                                  
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