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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2314 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2314

To delegate to the Secretary of State the authority to approve or deny 
                            certain permits.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 8, 2014

   Mr. Walsh introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
To delegate to the Secretary of State the authority to approve or deny 
                            certain permits.

    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 ``Removing Repeated Executive Delays 
to Transboundary Approvals of Pipelines and Engineering Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the American Society of Civil Engineers recently 
        assessed the infrastructure system of the United States and 
        gave the system an overall grade of D+;
            (2) recent critical infrastructure decisions have become 
        unacceptably politicized;
            (3) permit applications for the Keystone XL Pipeline have 
        been under review for over 5\1/2\ years; and
            (4) Congress can alleviate political interference in 
        critical infrastructure decisions by--
                    (A) directly delegating to the Secretary of State 
                the authority to expedite review of permits necessary 
                to accelerate the completion of energy production and 
                transmission projects; and
                    (B) providing a systematic method for evaluating 
                and permitting the constructing and maintenance of 
                certain other border crossings for land transportation 
                (including motor and rail vehicles) and other 
                facilities.

SEC. 3. DEFINITION OF SECRETARY.

    In this Act, the term ``Secretary'' means the Secretary of State.

SEC. 4. CONSTITUTIONAL AUTHORITY.

    In accordance with clause 3 of section 8 of article I of the 
Constitution (delegating to Congress the power to regulate commerce 
with foreign nations), Congress has the power to regulate the approval 
of infrastructure connecting the United States with a foreign country.

SEC. 5. DELEGATION OF AUTHORITY TO THE DEPARTMENT OF STATE.

    (a) In General.--The Secretary is designated and empowered to 
receive all applications for permits for the construction, connection, 
operation, or maintenance, at the borders of the United States (other 
than applications received by the Secretary of Energy under laws in 
existence on the date of enactment of this Act), of--
            (1) facilities for the exportation or importation of 
        petroleum, petroleum products, coal, or other fuels to or from 
        a foreign country;
            (2) pipelines, conveyor belts, and similar facilities for 
        the exportation or importation of products (other than the 
        products described in paragraph (1)) to or from a foreign 
        country;
            (3) facilities for the exportation or importation of water 
        or sewage to or from a foreign country;
            (4) facilities for the transportation of persons, things, 
        or both persons and things to or from a foreign country;
            (5) bridges, to the extent that congressional authorization 
        is not otherwise required under law;
            (6) facilities similar to the facilities otherwise 
        described in this subsection that are located above or below 
        ground; and
            (7) border crossings for land transportation, including 
        motor and rail vehicles, to or from a foreign country, whether 
        or not in conjunction with the facilities described in 
        paragraph (4).
    (b) Requests for Information.--
            (1) In general.--On receipt of a completed application 
        under subsection (a), the Secretary shall--
                    (A)(i) request any additional information needed 
                from the applicant, as appropriate; and
                    (ii) refer the application to other agencies 
                pursuant to paragraph (2);
                    (B) refer the application and pertinent information 
                to, and request the views of--
                            (i) the Secretary of Defense, the Attorney 
                        General, the Secretary of the Interior, the 
                        Secretary of Commerce, the Secretary of 
                        Transportation, the Secretary of Energy, the 
                        Secretary of Homeland Security, the 
                        Administrator of the Environmental Protection 
                        Agency (or the heads of successor agencies); 
                        and
                            (ii) for applications concerning the border 
                        with Mexico, the United States Commissioner of 
                        the International Boundary and Water 
                        Commission; and
                    (C) refer the application and pertinent information 
                to, and request the views of, such other Federal 
                department and agency heads as the Secretary determines 
                appropriate.
            (2) Additional consultations.--The Secretary--
                    (A) may consult with State, tribal, and local 
                government officials and foreign governments, as the 
                Secretary determines appropriate, with respect to an 
                application under subsection (a); and
                    (B) shall request responses in a timely manner, not 
                to exceed 90 days from the date of the request.
            (3) Further consideration.--On receiving the views and 
        assistance requested under paragraphs (1) and (2), the 
        Secretary shall consider, in light of any statutory or other 
        requirements or other considerations, whether additional 
        information is necessary to evaluate the application and, as 
        appropriate, request the additional information from the 
        applicant.
            (4) Public comment.--The Secretary may provide for--
                    (A) the publication in the Federal Register of 
                notice of receipt of applications;
                    (B) the receipt of public comments on applications; 
                and
                    (C) notices related to the issuance or denial of 
                applications.
    (c) Compliance.--
            (1) In general.--Subject to paragraph (2), a Federal agency 
        consulted by the Secretary under subsection (b)(1) shall comply 
        with the request of the Secretary (consistent with the 
        authority of the Federal agency) as soon as practicable but not 
        later than 90 days after the date on which the request is 
        submitted.
            (2) Timing.--If a Federal agency consulted by the Secretary 
        under subsection (b)(1) requests from the Secretary additional 
        information that is necessary to carry out the request, the 
        compliance deadline under paragraph (1) shall not begin until 
        the date on which the additional information is received.
    (d) National Interest Determination.--
            (1) In general.--After consideration of the views, 
        assistance, and public comment received under subsection (b), 
        if the Secretary finds that issuance of a permit to the 
        applicant would serve the national interest, the Secretary 
        shall--
                    (A) prepare a permit, in such form and with such 
                terms and conditions as the national interest requires, 
                as determined by the Secretary; and
                    (B) notify the officials required to be consulted 
                under subsection (b)(1)(B) of the proposed 
                determination that a permit be issued.
            (2) Proposed denial.--After consideration of the views, 
        assistance, and public comment received under subsection (b), 
        if the Secretary finds that issuance of a permit to the 
        applicant would not serve the national interest, the Secretary 
        shall notify the officials required to be consulted under 
        subsection (b)(1)(B) of the proposed determination that the 
        application be denied.
    (e) Issuance or Denial.--The Secretary shall issue or deny the 
permit in accordance with the proposed determination under subsection 
(d).
    (f) Regulations.--The Secretary may promulgate such rules and 
regulations and prescribe such procedures (including rules, 
regulations, and procedures relating to the International Boundary and 
Water Commission) as the Secretary determines necessary to carry out 
this section.
    (g) Pending Applications.--Except as provided in section 6, this 
section shall apply only to applications for permits filed on or after 
the date of enactment of this Act.
    (h) Effect.--Except as explicitly provided in this Act, nothing in 
this section limits the application of, or obligation to comply with, 
the requirements of any other Federal department or agency.
    (i) Final Rule.--The decision made by the Secretary under 
subsection (e) shall be deemed to be a rule for purposes of chapter 8 
of title 5, United States Code (commonly known as the ``Congressional 
Review Act'').

SEC. 6. KEYSTONE XL PIPELINE APPROVAL.

    (a) In General.--TransCanada Keystone Pipeline, L.P. may construct, 
connect, operate, and maintain the pipeline and cross-border facilities 
described in the application filed on May 4, 2012, by TransCanada 
Corporation to the Department of State (including any subsequent 
revision to the pipeline route within the State of Nebraska required or 
authorized by the State of Nebraska).
    (b) Environmental Impact Statement.--The Final Supplemental 
Environmental Impact Statement issued by the Secretary of State in 
January 2014, regarding the pipeline referred to in subsection (a), and 
the environmental analysis, consultation, and review described in that 
document (including appendices) shall be considered to fully satisfy--
            (1) all requirements of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.); and
            (2) any other provision of law that requires Federal agency 
        consultation or review (including the consultation or review 
        required under section 7(a) of the Endangered Species Act of 
        1973 (16 U.S.C. 1536(a))) with respect to the pipeline and 
        facilities referred to in subsection (a).
    (c) Permits.--Any Federal permit or authorization issued before the 
date of enactment of this Act for the pipeline and cross-border 
facilities referred to in subsection (a) shall remain in effect.
    (d) Federal Judicial Review.--Any legal challenge to a Federal 
agency action regarding the pipeline and cross-border facilities 
described in subsection (a), and the related facilities in the United 
States, that are approved by this Act, and any permit, right-of-way, or 
other action taken to construct or complete the project pursuant to 
Federal law, shall only be subject to judicial review on direct appeal 
to the United States Court of Appeals for the District of Columbia 
Circuit.
    (e) Private Property Savings Clause.--Nothing in this Act alters 
any Federal, State, or local process or condition in effect on the date 
of enactment of this Act that is necessary to secure access from an 
owner of private property to construct the pipeline and cross-border 
facilities described in subsection (a).

SEC. 7. REVIEW OF CERTAIN EXECUTIVE ORDERS.

    The Comptroller General of the United States shall--
            (1) conduct a review of any Executive order issued by the 
        President that is not based on the exclusive constitutional 
        authority of the President; and
            (2) not later than 180 days after the date of enactment of 
        this Act, submit to Congress a report on the results of the 
        review.
                                 <all>
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