99–008 

112TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 112–181 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1938) TO DIRECT THE 

PRESIDENT TO EXPEDITE THE CONSIDERATION AND APPROVAL OF THE 

CONSTRUCTION AND OPERATION OF THE KEYSTONE XL OIL PIPELINE, 

AND FOR OTHER PURPOSES 

JULY 25, 2011.—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. 370] 

The Committee on Rules, having had under consideration House 

Resolution 370, 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. 1938, the North 

American-Made Energy Security Act, under a structured rule. The 

resolution provides one hour of general debate with 30 minutes 

equally divided and controlled by the chair and ranking minority 

member of the Committee on Energy and Commerce, 20 minutes 

equally divided and controlled by the chair and ranking minority 

member of the Committee on Transportation and Infrastructure, 

and 10 minutes equally divided and controlled by the chair and 

ranking minority member of the Committee on Natural Resources. 

The resolution waives all points of order against consideration of 

the bill. The resolution provides that the amendment in the nature 

of a substitute recommended by the Committee on Energy and 

Commerce now printed in the bill shall be considered as an original 

bill for the purpose of amendment and shall be considered as read. 

The resolution waives all points of order against the committee 

amendment in the nature of a substitute. The resolution makes in 

order only those 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. All points of order against the amendVerDate Mar 15 2010 06:18 Jul 26, 2011 Jkt 099008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR181.XXX HR181

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ments printed in this report are waived. Finally, 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 against its consideration. The waiver of all points of order is 

prophylactic. 

Although the resolution waives all points of order against the 

committee amendment in the nature of a substitute, the Committee 

is not aware of any points of order against the committee amendment in the nature of a substitute. The waiver of all points of order 

is prophylactic. 

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 against the amendments. The waiver of all 

points of order is prophylactic. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 120 

Motion by Mr. McGovern to report an open rule. Defeated: 3–8 

Majority Members Vote Minority Members Vote 

Mr. Sessions ..................................................... Nay Mr. McGovern ................................................... Yea 

Ms. Foxx ............................................................ Nay Mr. Hastings of Florida ................................... Yea 

Mr. Bishop of Utah .......................................... Nay Mr. Polis ........................................................... Yea 

Mr. Woodall ...................................................... Nay 

Mr. Nugent ....................................................... Nay 

Mr. Scott of South Carolina ............................. Nay 

Mr. Webster ...................................................... Nay 

Mr. Dreier, Chairman ....................................... Nay 

SUMMARY OF AMENDMENTS MADE IN ORDER

1. Welch (VT), Cohen (TN): Would add language to the findings 

section that states that the Keystone XL pipeline would run 

through the Ogallala Aquifer and explains the risk involved with 

this route. (10 minutes) 

2. Rush (IL): Would strike paragraph 15 of the findings section. 

(10 minutes) 

3. Eshoo (CA): Would include a finding stating the PHMSA Administrator testified at a Congressional hearing and stated that the 

PHMSA had not done a study analyzing the risks associated with 

transporting diluted bitumen. Would also require PHMSA to complete a review of the risks associated with transporting diluted bitumen, and whether current pipeline regulations are sufficient. (10 

minutes) 

4. Christensen (VI): Would include a finding stating that the 

Supplemental Draft Environmental Impact Statement estimates 

that the Keystone XL pipeline would increase carbon pollution associated with United States fuel use by up to 23,000,000 metric 

tons of carbon dioxide. (10 minutes) 


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5. Cohen (TN): Would strike finding 16 and replaces it with language that outlines TransCanada’s recent pipeline safety issues 

with the Keystone pipeline. (10 minutes) 

6. Murphy, Christopher (CT), Cohen (TN), Welch (VT): Would 

add findings language noting that construction of the pipeline 

would permit a new source of oil exports to China and other nations. (10 minutes) 

7. Rush (IL): Would extend the deadline for permit decision to 

120 days after final environmental impact statement or until January 1, 2012. (10 minutes) 

8. Hanabusa (HI): Would require that a Presidential Permit approving the construction and operation of the Keystone XL pipeline 

will not be issued unless the Secretary of Energy in consultation 

with the Pipeline and Hazardous Materials Safety Administration 

(PHMSA), certify that the applicant has calculated a worst-case oil 

spill scenario for the proposed pipeline; and has demonstrated to 

the satisfaction of the Secretary and the PHMSA that the applicant 

possesses the capability and technology to respond immediately 

and effectively to such a worst-case scenario. (10 minutes) 

9. Johnson, Hank (GA): Would require 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) 

10. Jackson Lee (TX): Would add a sense of Congress that the 

United States must decrease its dependence on oil from countries 

that are hostile to the interests of the United States of America 

and that Canada has long been a strong trading partner and increasing access to their energy resources will create jobs in the 

United States. (10 minutes) 

11. Kucinich (OH): Would require an analysis of the effect of the 

proposed pipeline on manipulation of oil markets and increased gas 

prices for American consumers. (10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WELCH OF

VERMONT OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 6, after line 24, insert the following new paragraph: 

(18) The proposed Keystone XL pipeline would run through 

the Ogallala aquifer, risking an oil spill into one of the world’s 

largest freshwater aquifers that provides 30 percent of the 

groundwater used for irrigation in the United States and 

drinking water for millions of Americans. Even a small, undetected leak from an underground rupture of the pipeline in the 

Nebraska Sandhills could pollute almost 5,000,000,000 gallons 

of groundwater—enough oil to pose serious health threats to 

anyone using the underlying Ogallala Aquifer for drinking 

water or agriculture. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RUSH OF

ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 6, lines 10 through 13, strike paragraph (15) (and redesignate the subsequent paragraphs accordingly). 


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3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ESHOO OF

CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 6, after line 24, insert the following new paragraph: 

(18) Recent oil pipeline spills, such as the May 2011 leak of 

21,000 gallons of crude from TransCanada’s existing Keystone 

pipeline in North Dakota, have raised serious concerns about 

the risks associated with pipelines carrying diluted bitumen. 

At a June 16, 2011, hearing on pipeline safety held by the Subcommittee on Energy and Power of the Committee on Energy 

and Commerce, Cynthia L. Quarterman, Administrator of the 

Pipeline and Hazardous Materials Safety Administration of the 

Department of Transportation, testified that the Pipeline and 

Hazardous Materials Safety Administration had not done a 

study analyzing the risks associated with transporting diluted 

bitumen. 

Page 7, line 19, insert ‘‘Notwithstanding the previous sentence, 

prior to the issuance of a final order granting or denying the Presidential Permit for the Keystone XL pipeline, the Pipeline and Hazardous Materials Safety Administration shall complete a comprehensive review of the properties and characteristics of bitumen 

and the hazardous liquid pipeline regulations to determine whether 

current regulations are sufficient to regulate pipelines used for the 

transportation of tar sands crude oil.’’ after ‘‘November 1, 2011.’’. 

4. AN AMENDMENT TO BE OFFERED BY DELEGATE CHRISTENSEN OF

THE VIRGIN ISLANDS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 6, after line 24, insert the following new paragraph: 

(18) The Supplemental Draft Environmental Impact Statement estimates that the Keystone XL pipeline would increase 

carbon pollution associated with United States fuel use by up 

to 23,000,000 metric tons of carbon dioxide equivalent per year, 

which is equivalent to the annual emissions from an extra 

4,500,000 passenger vehicles. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COHEN OF

TENNESSEE OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 6, lines 14 through 17, amend paragraph (16) to read as follows: 

(16) TransCanada Corporation’s first wholly owned oil pipeline in the United States is the recently built Keystone I, 

which spilled 12 times in the United States and 21 times in 

Canada in less than one year of operation. Despite claims that 

it is ‘‘the safest pipeline ever built’’, Keystone was recently 

shut down by the United States Government because it was 

deemed a ‘‘threat to life, property, and the environment’’. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MURPHY

OF CONNECTICUT OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 4, lines 18 through 23, amend paragraph (7) to read as follows: 


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(7) Consultants employed by Canadian tar sands companies 

have publicly stated that without the Keystone XL pipeline, 

Canada’s tar sands will be ‘‘landlocked’’ and unable to be exported overseas. There are significant barriers to construction 

of a pipeline to ports on the West Coast of Canada. The Keystone XL pipeline, which would service Port Arthur and the 

Port of Houston, would allow tar sands crude to be exported. 

Permitting the pipeline would provide an export route to China 

where none now exists. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE RUSH OF

ILLINOIS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 7, line 14, strike ‘‘30 days’’ and insert ‘‘120 days’’. 

Page 7, lines 18 and 19, strike ‘‘November 1, 2011’’ and insert 

‘‘January 1, 2012’’. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HANABUSA

OF HAWAII OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 7, after line 23, insert the following new subsection: 

‘‘(e) WORST-CASE DISCHARGE SCENARIO CERTIFICATION.— 

‘‘(1) IN GENERAL.—No Presidential Permit shall be issued approving the construction and operation of the Keystone XL 

pipeline unless the Secretary of Energy, in consultation with 

the Pipeline and Hazardous Materials Safety Administration, 

certifies that the applicant— 

‘‘(A) has calculated a worst-case oil spill scenario for the 

proposed pipeline; and 

‘‘(B) has demonstrated to the satisfaction of the Secretary and the Pipeline and Hazardous Materials Safety 

Administration that the applicant possesses the capability 

and technology to respond immediately and effectively to 

such worst-case oil spill scenario. 

‘‘(2) WAIVER.—The Secretary of Energy, in consultation with 

the Pipeline and Hazardous Materials Safety Administration, 

may waive the requirement under paragraph (1) if the applicant has already completed a worst-case discharge scenario 

analysis and established that it possesses the capability and 

technology to respond immediately and effectively to such 

worst-case oil spill scenario. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JOHNSON

OF GEORGIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 7, after line 23, insert the following new subsection: 

(e) REQUIRED STUDY.—Notwithstanding subsections (a) and (e), 

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 


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of the cumulative air pollution impacts on these communities, 

many of which already experience unhealthy levels of air pollution. 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 7, after line 23, insert the following new subsection: 

(e) SENSE OF CONGRESS.—It is the sense of Congress that the 

United States must decrease its dependence on oil from countries 

which are hostile to the interests of the United States. Canada has 

long been a strong trading partner, and increased access to their 

energy resources will create jobs in the United States. 

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KUCINICH

OF OHIO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 7, after line 23, insert the following new subsection: 

(e) MANIPULATION OF OIL MARKETS.—The President shall not 

issue a final order granting or denying the Presidential Permit for 

the Keystone XL pipeline until the Secretary of Energy, in consultation with the Federal Trade Commission, has certified that 

permitting the pipeline would not lead to manipulation of the 

United States oil market that would be detrimental to United 

States consumers. 

Æ 


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