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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1932 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 245
112th CONGRESS
  1st Session
                                S. 1932

 To require the Secretary of State to act on a permit for the Keystone 
                              XL pipeline.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 30, 2011

  Mr. Lugar (for himself, Mr. Hoeven, Mr. Vitter, Ms. Murkowski, Mr. 
   McConnell, Mr. Johanns, Mr. Roberts, Mr. Barrasso, Mr. Coats, Mr. 
Rubio, Mr. Isakson, Mr. Cornyn, Mr. Wicker, Mr. Inhofe, Mr. Moran, Mr. 
Thune, Mr. Johnson of Wisconsin, Mr. Crapo, Mr. Graham, Mr. Blunt, Mr. 
   Sessions, Mr. Enzi, Mr. Alexander, Mrs. Hutchison, Mr. Risch, Mr. 
 Chambliss, Mr. Kirk, Mr. Portman, Mr. Burr, Mr. Shelby, Mr. Lee, Mr. 
Boozman, Mr. Coburn, Mr. Cochran, Mr. Grassley, Mr. Heller, Mr. Corker, 
 Mr. Toomey, and Ms. Ayotte) introduced the following bill; which was 
                          read the first time

                            December 1, 2011

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
 To require the Secretary of State to act on a permit for the Keystone 
                              XL pipeline.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``North American Energy Security 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) United States overdependence on oil imports from 
        hostile or unstable regions damages United States national 
        security, endangers the economy of the United States, puts the 
        lives of military and civilian personnel at risk, and ensures 
        that access to oil imports comes at tremendous taxpayer 
        expense;
            (2) the United States imports more than half of the oil it 
        consumes, much of it from countries that do not have the level 
        of environmental standards of Canada and the United States and 
        that are hostile to United States interests or that have 
        political and economic instability that compromises supply 
        security;
            (3) while a significant portion of the United States' oil 
        imports are derived from allies such as Canada and Mexico, the 
        United States remains vulnerable to substantial supply 
        disruptions created by geopolitical tumult in major oil-
        producing nations;
            (4) strong increases in oil consumption in the developing 
        world outpace growth in oil supplies, bringing tight market 
        conditions and higher oil prices in periods of global economic 
        expansion or when supplies are threatened;
            (5) the development and delivery of oil from Canada to the 
        United States is in the national interest of the United States 
        by helping to secure reliable oil supplies to meet demand that 
        is otherwise projected to be met by increases in imports from 
        less secure and reliable suppliers;
            (6) secure and reliable trade with Canada complements 
        United States domestic energy priorities;
            (7) continued development of North American energy 
        resources, including Canadian oil, increases the access of 
        domestic refiners to stable and reliable sources of crude oil 
        and improves the certainty of fuel supply for the Department of 
        Defense, the largest consumer of petroleum in the United 
        States;
            (8)(A) Canada and the United States have the largest 2-way 
        trading relationship in the world;
            (B) for every United States dollar spent on products from 
        Canada, including oil, 90 cents is returned to the United 
        States economy; and
            (C) when the same metrics are applied to trading 
        relationships with some other major sources of United States 
        crude oil imports, returns are much lower;
            (9)(A) the principal choice for Canadian oil exporters is 
        between moving increasing crude oil volumes to the United 
        States or Asia, particularly China; and
            (B) increased Canadian oil exports to China would result in 
        increased crude oil imports to the United States from less 
        secure and reliable foreign sources, many of which do not have 
        the level of environmental standards of Canada and the United 
        States;
            (10) increased Canadian crude oil imports into the United 
        States correspondingly reduces the scale of wealth transfers to 
        other more distant foreign sources resulting from the greater 
        cost of transporting crude oil from those sources;
            (11) not only are United States companies major investors 
        in Canadian oil sands, but many United States businesses 
        throughout the United States benefit from supplying goods and 
        services required for ongoing Canadian oil sands operations and 
        expansion;
            (12) there has been more than 3 years of consideration and 
        a coordinated review by more than a dozen Federal agencies of 
        the technical aspects and of the environmental, social, and 
        economic impacts of the proposed pipeline project known as the 
        Keystone XL from Hardisty, Alberta, to Steele City, Nebraska, 
        and then on to the United States Gulf Coast through Cushing, 
        Oklahoma;
            (13) the Keystone XL pipeline represents a high capacity 
        pipeline supply option that could meet near, as well as long-
        term, market demand for crude oil to United States refineries, 
        and could also potentially bring over 100,000 barrels per day 
        of United States Bakken crude oil to market;
            (14) completion of the Keystone XL pipeline would increase 
        total Keystone pipeline system capacity by 700,000 barrels per 
        day to 1,290,000 barrels per day;
            (15) the Keystone XL pipeline would directly create 20,000 
        jobs and many more long-term jobs and related labor income 
        benefits through the supply chain;
            (16) the earliest possible construction of the Keystone XL 
        pipeline will increase the quantity of proven and potential 
        reserves of Canadian oil available for United States use and 
        increase United States jobs and will, as a result, serve the 
        national interest;
            (17) the Keystone XL pipeline would be state-of-the-art and 
        be constructed to meet the highest safety standards; and
            (18) as a result of the extensive governmental studies 
        already made with respect to the Keystone XL project and the 
        national interest in early delivery of Canadian oil to United 
        States markets, a decision with respect to a Presidential 
        permit for the Keystone XL pipeline should be promptly issued 
        without further administrative delay or impediment.

SEC. 3. PERMIT FOR KEYSTONE XL PIPELINE.

    (a) In General.--Except as provided in subsection (b), not later 
than 60 days after the date of enactment of this Act, the President, 
acting through the Secretary of State, shall grant a permit under 
Executive Order 13337 (3 U.S.C. 301 note; relating to issuance of 
permits with respect to certain energy-related facilities and land 
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--
                    (A) in accordance with 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.
                                                       Calendar No. 245

112th CONGRESS

  1st Session

                                S. 1932

_______________________________________________________________________

                                 A BILL

 To require the Secretary of State to act on a permit for the Keystone 
                              XL pipeline.

_______________________________________________________________________

                            December 1, 2011

            Read the second time and placed on the calendar
```