II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Removing Repeated 

5 Executive Delays to Transboundary Approvals of Pipe6 lines and Engineering Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds that— 

9 (1) the American Society of Civil Engineers re10 cently assessed the infrastructure system of the 


dlhill on DSK7TPTVN1PROD with BILLS
2 

•S 2314 IS

1 United States and gave the system an overall grade 

2 of D+; 

3 (2) recent critical infrastructure decisions have 

4 become unacceptably politicized; 

5 (3) permit applications for the Keystone XL 

Pipeline have been under review for over 51 6 ⁄2 years; 

7 and 

8 (4) Congress can alleviate political interference 

9 in critical infrastructure decisions by— 

10 (A) directly delegating to the Secretary of 

11 State the authority to expedite review of per12 mits necessary to accelerate the completion of 

13 energy production and transmission projects; 

14 and 

15 (B) providing a systematic method for 

16 evaluating and permitting the constructing and 

17 maintenance of certain other border crossings 

18 for land transportation (including motor and 

19 rail vehicles) and other facilities. 

20 SEC. 3. DEFINITION OF SECRETARY. 

21 In this Act, the term ‘‘Secretary’’ means the Sec22 retary of State. 

23 SEC. 4. CONSTITUTIONAL AUTHORITY. 

24 In accordance with clause 3 of section 8 of article 

25 I of the Constitution (delegating to Congress the power 


dlhill on DSK7TPTVN1PROD with BILLS
3 

•S 2314 IS

1 to regulate commerce with foreign nations), Congress has 

2 the power to regulate the approval of infrastructure con3 necting the United States with a foreign country. 

4 SEC. 5. DELEGATION OF AUTHORITY TO THE DEPARTMENT 

5 OF STATE. 

6 (a) IN GENERAL.—The Secretary is designated and 

7 empowered to receive all applications for permits for the 

8 construction, connection, operation, or maintenance, at 

9 the borders of the United States (other than applications 

10 received by the Secretary of Energy under laws in exist11 ence on the date of enactment of this Act), of— 

12 (1) facilities for the exportation or importation 

13 of petroleum, petroleum products, coal, or other 

14 fuels to or from a foreign country; 

15 (2) pipelines, conveyor belts, and similar facili16 ties for the exportation or importation of products 

17 (other than the products described in paragraph (1)) 

18 to or from a foreign country; 

19 (3) facilities for the exportation or importation 

20 of water or sewage to or from a foreign country; 

21 (4) facilities for the transportation of persons, 

22 things, or both persons and things to or from a for23 eign country; 

24 (5) bridges, to the extent that congressional au25 thorization is not otherwise required under law; 


dlhill on DSK7TPTVN1PROD with BILLS
4 

•S 2314 IS

1 (6) facilities similar to the facilities otherwise 

2 described in this subsection that are located above or 

3 below ground; and 

4 (7) border crossings for land transportation, in5 cluding motor and rail vehicles, to or from a foreign 

6 country, whether or not in conjunction with the fa7 cilities described in paragraph (4). 

8 (b) REQUESTS FOR INFORMATION.— 

9 (1) IN GENERAL.—On receipt of a completed 

10 application under subsection (a), the Secretary 

11 shall— 

12 (A)(i) request any additional information 

13 needed from the applicant, as appropriate; and 

14 (ii) refer the application to other agencies 

15 pursuant to paragraph (2); 

16 (B) refer the application and pertinent in17 formation to, and request the views of— 

18 (i) the Secretary of Defense, the At19 torney General, the Secretary of the Inte20 rior, the Secretary of Commerce, the Sec21 retary of Transportation, the Secretary of 

22 Energy, the Secretary of Homeland Secu23 rity, the Administrator of the Environ24 mental Protection Agency (or the heads of 

25 successor agencies); and 


dlhill on DSK7TPTVN1PROD with BILLS
5 

•S 2314 IS

1 (ii) for applications concerning the 

2 border with Mexico, the United States 

3 Commissioner of the International Bound4 ary and Water Commission; and 

5 (C) refer the application and pertinent in6 formation to, and request the views of, such 

7 other Federal department and agency heads as 

8 the Secretary determines appropriate. 

9 (2) ADDITIONAL CONSULTATIONS.—The Sec10 retary— 

11 (A) may consult with State, tribal, and 

12 local government officials and foreign govern13 ments, as the Secretary determines appropriate, 

14 with respect to an application under subsection 

15 (a); and 

16 (B) shall request responses in a timely 

17 manner, not to exceed 90 days from the date of 

18 the request. 

19 (3) FURTHER CONSIDERATION.—On receiving 

20 the views and assistance requested under paragraphs 

21 (1) and (2), the Secretary shall consider, in light of 

22 any statutory or other requirements or other consid23 erations, whether additional information is necessary 

24 to evaluate the application and, as appropriate, re25 quest the additional information from the applicant. 


dlhill on DSK7TPTVN1PROD with BILLS
6 

•S 2314 IS

1 (4) PUBLIC COMMENT.—The Secretary may 

2 provide for— 

3 (A) the publication in the Federal Register 

4 of notice of receipt of applications; 

5 (B) the receipt of public comments on ap6 plications; and 

7 (C) notices related to the issuance or de8 nial of applications. 

9 (c) COMPLIANCE.— 

10 (1) IN GENERAL.—Subject to paragraph (2), a 

11 Federal agency consulted by the Secretary under 

12 subsection (b)(1) shall comply with the request of 

13 the Secretary (consistent with the authority of the 

14 Federal agency) as soon as practicable but not later 

15 than 90 days after the date on which the request is 

16 submitted. 

17 (2) TIMING.—If a Federal agency consulted by 

18 the Secretary under subsection (b)(1) requests from 

19 the Secretary additional information that is nec20 essary to carry out the request, the compliance dead21 line under paragraph (1) shall not begin until the 

22 date on which the additional information is received. 

23 (d) NATIONAL INTEREST DETERMINATION.— 

24 (1) IN GENERAL.—After consideration of the 

25 views, assistance, and public comment received 


dlhill on DSK7TPTVN1PROD with BILLS
7 

•S 2314 IS

1 under subsection (b), if the Secretary finds that 

2 issuance of a permit to the applicant would serve the 

3 national interest, the Secretary shall— 

4 (A) prepare a permit, in such form and 

5 with such terms and conditions as the national 

6 interest requires, as determined by the Sec7 retary; and 

8 (B) notify the officials required to be con9 sulted under subsection (b)(1)(B) of the pro10 posed determination that a permit be issued. 

11 (2) PROPOSED DENIAL.—After consideration of 

12 the views, assistance, and public comment received 

13 under subsection (b), if the Secretary finds that 

14 issuance of a permit to the applicant would not serve 

15 the national interest, the Secretary shall notify the 

16 officials required to be consulted under subsection 

17 (b)(1)(B) of the proposed determination that the ap18 plication be denied. 

19 (e) ISSUANCE OR DENIAL.—The Secretary shall issue 

20 or deny the permit in accordance with the proposed deter21 mination under subsection (d). 

22 (f) REGULATIONS.—The Secretary may promulgate 

23 such rules and regulations and prescribe such procedures 

24 (including rules, regulations, and procedures relating to 

25 the International Boundary and Water Commission) as 


dlhill on DSK7TPTVN1PROD with BILLS
8 

•S 2314 IS

1 the Secretary determines necessary to carry out this sec2 tion. 

3 (g) PENDING APPLICATIONS.—Except as provided in 

4 section 6, this section shall apply only to applications for 

5 permits filed on or after the date of enactment of this Act. 

6 (h) EFFECT.—Except as explicitly provided in this 

7 Act, nothing in this section limits the application of, or 

8 obligation to comply with, the requirements of any other 

9 Federal department or agency. 

10 (i) FINAL RULE.—The decision made by the Sec11 retary under subsection (e) shall be deemed to be a rule 

12 for purposes of chapter 8 of title 5, United States Code 

13 (commonly known as the ‘‘Congressional Review Act’’). 

14 SEC. 6. KEYSTONE XL PIPELINE APPROVAL. 

15 (a) IN GENERAL.—TransCanada Keystone Pipeline, 

16 L.P. may construct, connect, operate, and maintain the 

17 pipeline and cross-border facilities described in the appli18 cation filed on May 4, 2012, by TransCanada Corporation 

19 to the Department of State (including any subsequent re20 vision to the pipeline route within the State of Nebraska 

21 required or authorized by the State of Nebraska). 

22 (b) ENVIRONMENTAL IMPACT STATEMENT.—The 

23 Final Supplemental Environmental Impact Statement 

24 issued by the Secretary of State in January 2014, regard25 ing the pipeline referred to in subsection (a), and the enviVerDate Mar 15 2010 01:59 May 14, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2314.IS S2314

dlhill on DSK7TPTVN1PROD with BILLS
9 

•S 2314 IS

1 ronmental analysis, consultation, and review described in 

2 that document (including appendices) shall be considered 

3 to fully satisfy— 

4 (1) all requirements of the National Environ5 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.); 

6 and 

7 (2) any other provision of law that requires 

8 Federal agency consultation or review (including the 

9 consultation or review required under section 7(a) of 

10 the Endangered Species Act of 1973 (16 U.S.C. 

11 1536(a))) with respect to the pipeline and facilities 

12 referred to in subsection (a). 

13 (c) PERMITS.—Any Federal permit or authorization 

14 issued before the date of enactment of this Act for the 

15 pipeline and cross-border facilities referred to in sub16 section (a) shall remain in effect. 

17 (d) FEDERAL JUDICIAL REVIEW.—Any legal chal18 lenge to a Federal agency action regarding the pipeline 

19 and cross-border facilities described in subsection (a), and 

20 the related facilities in the United States, that are ap21 proved by this Act, and any permit, right-of-way, or other 

22 action taken to construct or complete the project pursuant 

23 to Federal law, shall only be subject to judicial review on 

24 direct appeal to the United States Court of Appeals for 

25 the District of Columbia Circuit. 


dlhill on DSK7TPTVN1PROD with BILLS
10 

•S 2314 IS

1 (e) PRIVATE PROPERTY SAVINGS CLAUSE.—Nothing 

2 in this Act alters any Federal, State, or local process or 

3 condition in effect on the date of enactment of this Act 

4 that is necessary to secure access from an owner of private 

5 property to construct the pipeline and cross-border facili6 ties described in subsection (a). 

7 SEC. 7. REVIEW OF CERTAIN EXECUTIVE ORDERS. 

8 The Comptroller General of the United States shall— 

9 (1) conduct a review of any Executive order 

10 issued by the President that is not based on the ex11 clusive constitutional authority of the President; and 

12 (2) not later than 180 days after the date of 

13 enactment of this Act, submit to Congress a report 

14 on the results of the review. 

Æ 


dlhill on DSK7TPTVN1PROD with BILLS