I 
112TH CONGRESS 
2D SESSION 
H. R. 4000 
To approve the Keystone XL pipeline project, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 9, 2012 
Mr. MACK (for himself, Mr. REHBERG, Mr. BOREN, Mr. GRIFFIN of Arkansas, 
Mr. KISSELL, Ms. ROS-LEHTINEN, Mr. ROKITA, Mrs. MCMORRIS ROD-
GERS, Mr. SESSIONS, Mr. SCHOCK, Mr. LAMBORN, Mrs. NOEM, Mr. 
FLAKE, Mr. POE of Texas, Mr. RIVERA, Mr. BERG, Mr. DUNCAN of 
South Carolina, Mrs. LUMMIS, Mr. BISHOP of Utah, Mr. HERGER, Mrs. 
SCHMIDT, Mr. CHABOT, Mr. MANZULLO, Mr. KING of New York, Mrs. 
CAPITO, Mr. MCCLINTOCK, Mr. SAM JOHNSON of Texas, Mr. BURTON 
of Indiana, Mr. BROOKS, Mr. CARTER, Mr. WEST, Mr. COLE, Mr. BILI-
RAKIS, Mr. CANSECO, Ms. BUERKLE, Mrs. ELLMERS, Mr. BROUN of 
Georgia, Mr. DIAZ-BALART, Mr. CHAFFETZ, Mr. MILLER of Florida, Mr. 
LUCAS, Mr. LANDRY, Mr. ROYCE, Mr. CULBERSON, Mrs. BONO MACK, 
Mr. HUIZENGA of Michigan, Mr. DUNCAN of Tennessee, Mr. MCCAUL, 
Mr. BOUSTANY, Mrs. MILLER of Michigan, Mr. FARENTHOLD, Mr. 
RIGELL, and Mr. GIBBS) introduced the following bill; which was referred 
to the Committee on Transportation and Infrastructure, and in addition 
to the Committees on Energy and Commerce, Natural Resources, and 
Foreign Affairs, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To approve the Keystone XL pipeline project, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Energizing America 
through Employment Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) On April 30, 2004, President George W. 
Bush issued Executive Order 13337 (3 U.S.C. 301 
note), delegating to the Department of State author-
ity to oversee the permitting process of cross-border 
pipeline projects in an effort ‘‘to expedite reviews of 
permits as necessary to accelerate the completion of 
energy production and transmission projects’’. 
(2) On September 19, 2008, the Department of 
State received an application for the Keystone XL 
pipeline. 
(3) On August 26, 2011, the Department of 
State issued a final environmental impact statement 
stating that the Keystone XL pipeline project posed 
‘‘no significant [environmental] impact’’. 
(4) Three years and four months after the Key-
stone XL application was submitted, due to objec-
tions to an imposed timeline, the Department of 
State failed to uphold section 1(g) of Executive 
Order 13337 requiring the Secretary of State to 
make a national interest determination based on the 
‘‘views and assistance obtained’’ previously in rela-
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tion to the merits of the permit requested by the ap-
plicant. 
(5) Congress has the constitutional authority to 
regulate commerce with foreign nations, and among 
the several States, and with the Indian Tribes. 
(6) The construction of the Keystone XL pipe-
line will result in job creation, increased energy secu-
rity, ancillary benefits, and multiplier effects for the 
economy of the United States. 
(7) The earliest possible completion of the Key-
stone XL pipeline project serves the national interest 
of the United States. 
SEC. 3. APPROVAL OF KEYSTONE XL PIPELINE PROJECT. 
(a) APPROVAL OF CROSS-BORDER FACILITIES.— 
(1) IN GENERAL.—In accordance with section 8 
of article 1 of the Constitution (delegating to Con-
gress the power to regulate commerce with foreign 
nations), TransCanada Keystone Pipeline, L.P. is 
authorized to construct, connect, operate, and main-
tain pipeline facilities, subject to subsection (c), for 
the import of crude oil and other hydrocarbons at 
the United States-Canada Border at Phillips Coun-
ty, Montana, in accordance with the application filed 
with the Department of State on September 19, 
2008 (as supplemented and amended). 
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(2) PERMIT.—Notwithstanding any other provi-
sion of law, no permit pursuant to Executive Order 
13337 (3 U.S.C. 301 note) or any other similar Ex-
ecutive Order regulating construction, connection, 
operation, or maintenance of facilities at the borders 
of the United States, and no additional environ-
mental impact statement, shall be required for 
TransCanada Keystone Pipeline, L.P. to construct, 
connect, operate, and maintain the facilities de-
scribed in paragraph (1). 
(b) CONSTRUCTION AND OPERATION OF KEYSTONE 
XL PIPELINE IN UNITED STATES.— 
(1) IN GENERAL.—The final environmental im-
pact statement issued by the Department of State 
on August 26, 2011, shall be considered to satisfy 
all requirements of the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.) and any 
other provision of law that requires Federal agency 
consultation or review with respect to the cross-bor-
der facilities described in subsection (a)(1) and the 
related facilities in the United States described in 
the application filed with the Department of State 
on September 19, 2008 (as supplemented and 
amended). 
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(2) PERMITS.—Any Federal permit or author-
ization issued before the date of enactment of this 
Act for the cross-border facilities described in sub-
section (a)(1), and the related facilities in the 
United States described in the application filed with 
the Department of State on September 19, 2008 (as 
supplemented and amended), shall remain in effect. 
(c) CONDITIONS.—In constructing, connecting, oper-
ating, and maintaining the cross-border facilities described 
in subsection (a)(1) and related facilities in the United 
States described in the application filed with the Depart-
ment of State on September 19, 2008 (as supplemented 
and amended), TransCanada Keystone Pipeline, L.P. shall 
comply with the following conditions: 
(1) TransCanada Keystone Pipeline, L.P. shall 
comply with all applicable Federal and State laws 
(including regulations) and all applicable industrial 
codes regarding the construction, connection, oper-
ation, and maintenance of the facilities. 
(2) Except as provided in subsection (a)(2), 
TransCanada Keystone Pipeline, L.P. shall comply 
with all requisite permits from Canadian authorities 
and applicable Federal, State, and local government 
agencies in the United States. 
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(3) TransCanada Keystone Pipeline, L.P. shall 
take all appropriate measures to prevent or mitigate 
any adverse environmental impact or disruption of 
historic properties in connection with the construc-
tion, connection, operation, and maintenance of the 
facilities. 
(4) The construction, connection, operation, and 
maintenance of the facilities shall be— 
(A) in all material respects, similar to that 
described in— 
(i) the application filed with the De-
partment of State on September 19, 2008 
(as supplemented and amended); and 
(ii) the final environmental impact 
statement described in subsection (b)(1); 
and 
(B) carried out in accordance with— 
(i) the construction, mitigation, and 
reclamation measures agreed to for the 
project in the construction mitigation and 
reclamation plan contained in appendix B 
of the final environmental impact state-
ment described in subsection (b)(1); 
(ii) the special conditions agreed to 
between the owners and operators of the 
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project and the Administrator of the Pipe-
line and Hazardous Materials Safety Ad-
ministration of the Department of Trans-
portation, as contained in appendix U of 
the final environmental impact statement; 
(iii) the measures identified in appen-
dix H of the final environmental impact 
statement, if the modified route submitted 
by the State of Nebraska to the Secretary 
of State crosses the Sand Hills region; and 
(iv) the stipulations identified in ap-
pendix S of the final environmental impact 
statement. 
(d) ROUTE IN NEBRASKA.— 
(1) IN GENERAL.—Any route and construction, 
mitigation, and reclamation measures for the project 
in the State of Nebraska that is identified by the 
State of Nebraska and submitted to the Secretary of 
State under this section is considered sufficient for 
the purposes of this section. 
(2) PROHIBITION.—Construction of the facili-
ties in the United States described in the application 
filed with the Department of State on September 19, 
2008 (as supplemented and amended), shall not 
commence in the State of Nebraska until the date 
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(2) STATE
SITING
AUTHORITY.—Nothing in 
this section alters any provision of State law relating 
to the siting of pipelines. 
(3) PRIVATE PROPERTY.—Nothing in this sec-
tion 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 project. 
(f) FEDERAL JUDICIAL REVIEW.—The cross-border 
facilities described in subsection (a)(1), and the related fa-
cilities in the United States described in the application 
filed with the Department of State on September 19, 2008 
(as supplemented and amended), that are approved by this 
section, 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 di-
rect appeal to the United States Court of Appeals for the 
District of Columbia Circuit. 
SEC. 4. REFERRAL OF APPLICATIONS FOR FUTURE CROSS- 
BORDER 
PIPELINE 
FACILITIES 
AT 
THE 
UNITED STATES BORDERS. 
(a) REFERRAL OF APPLICATION.—For purposes of 
making a national interest determination under Executive 
Order 13337 (3 U.S.C. 301 note) (or any successor Exec-
utive Order) with respect to any application filed with the 
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Department of State on or after the date of enactment 
of this Act to construct, connect, operate, and maintain 
pipeline facilities at the borders of the United States for 
the import of crude oil and other hydrocarbons, the Sec-
retary of State shall, in addition to referring the applica-
tion to the departments and agencies described in section 
1(b)(ii) of Executive Order 13337 (or any successor Exec-
utive Order), also refer the application and pertinent in-
formation to the committees of Congress specified in sub-
section (b) for purposes of requesting the views of such 
committees of Congress. 
(b) COMMITTEES OF CONGRESS.—The committees of 
Congress referred to in subsection (a) are— 
(1) the Committee on Foreign Relations, the 
Committee on Commerce, Science, and Transpor-
tation, and the Committee on Energy and Natural 
Resources of the Senate; and 
(2) the Committee on Foreign Affairs, the 
Committee on Transportation and Infrastructure, 
the Committee on Energy and Commerce, and the 
Committee on Natural Resources of the House of 
Representatives. 
Æ 
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