[Congressional Record Volume 161, Number 6 (Tuesday, January 13, 2015)]
[Senate]
[Pages S210-S215]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr.

[[Page S211]]

Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the end of the amendment, add the following:

     SEC. 3. REPEAL OF CERTAIN LIMITATIONS ON COASTWISE TRADE.

       (a) In General.--Section 12112(a) of title 46, United 
     States Code, is amended to read as follows:
       ``(a) In General.--A coastwise endorsement may be issued 
     for a vessel that qualifies under the laws of the United 
     States to engage in the coastwise trade.''.
       (b) Regulations.--Not later than 90 days after the date of 
     the enactment of this Act, the Commandant of the United 
     States Coast Guard shall issue regulations to implement the 
     amendment made by subsection (a) that require all vessels 
     permitted to engage in the coastwise trade to meet all 
     appropriate safety and security requirements.
       (c) Conforming Amendments.--
       (1) Tank vessel construction standards.--Section 
     3703a(c)(1)(C) of title 46, United States Code, is amended by 
     striking ``and is qualified for documentation as a wrecked 
     vessel under section 12112 of this title''.
       (2) Liquified gas tankers.--Section 12120 of such title is 
     amended by striking ``, if the vessel--'' and all that 
     follows and inserting a period.
       (3) Small passenger vessels.--Section 12121(b) of such 
     title is amended by striking ``12112,''.
       (4) Loss of coastwise trade privileges.--Section 12132 of 
     such title is repealed.
       (5) Clerical amendment.--The table of sections for chapter 
     121 of title 46, United States Code, is amended by striking 
     the item relating to section 12132.

     SEC. 4. EFFECTIVE DATE.

                                 ______
                                 
  SA 5. Mr. CARDIN submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       After section 2, insert the following:

     SEC. __. REPORT TO CONGRESS ON AFFECTED LANDOWNERS.

       Not less frequently than once each year for the duration of 
     the construction of the pipeline described in section 2(a), 
     the Secretary of State, in consultation with the Secretary of 
     Energy and the Governors of the States in which the pipeline 
     described in section 2(a) is constructed, shall submit to 
     Congress a report that describes--
       (1) the number of individual private landowners (referred 
     to in this section as the ``landowners'') whose land is 
     located in the planned path of the pipeline;
       (2) the acreage of land located in the planned path of the 
     pipeline that is held by each of the landowners;
       (3) the amount of property of the landowners that has been 
     transferred to TransCanada Corporation or TransCanada 
     Keystone Pipeline, L.P.; and
       (4) the means TransCanada Corporation and TransCanada 
     Keystone Pipeline, L.P. used to acquire the land described in 
     paragraph (3).
                                 ______
                                 
  SA 6. Mr. SCHATZ submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       After section 2, insert the following:

     SEC. __. SENSE OF THE SENATE REGARDING CLIMATE CHANGE.

       It is the sense of the Senate that climate change--
       (1) is real;
       (2) is caused by humans;
       (3) is urgent; and
       (4) is solvable.
                                 ______
                                 
  SA 7. Mr. SCHATZ submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 3. FINDINGS; SENSE OF THE SENATE.

       (a) Findings.--Congress finds that--
       (1) the combined average temperature over global land and 
     ocean surfaces of the earth has increased over the past 150 
     years, and the increase is mostly due to human activities, 
     such as burning fossil fuels;
       (2) known as climate change, this increase in temperature 
     has already begun affecting the weather in the United States;
       (3) fighting climate change requires transitioning to clean 
     energy, such as solar and wind power, and away from dirty 
     energy, such as oil and coal; and
       (4) stopping climate change will strengthen the health of 
     families by reducing local air and water pollution.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that Congress should--
       (1) take action to reduce greenhouse gas emissions; and
       (2) encourage other countries to reduce greenhouse gas 
     emissions.
                                 ______
                                 
  SA 8. Mr. SCHATZ submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       After section 2, insert the following:

     SEC. __. SENSE OF CONGRESS REGARDING CLIMATE CHANGE.

       (a) Findings.--Congress finds that--
       (1) climate change is solvable and urgent;
       (2) stopping climate change will improve the health of all 
     the people of the United States, especially children, the 
     elderly, and people with chronic illnesses, by reducing air 
     pollution and water pollution;
       (3) families in the United States will benefit economically 
     from transitioning to clean energy, such as solar and wind, 
     and away from dirty energy, such as oil and coal, as soon as 
     possible; and
       (4) climate change--
       (A) is real;
       (B) is mostly due to human activities; and
       (C) has already begun affecting the weather in the United 
     States.
       (b) Sense of Congress.--It is the sense of Congress that 
     Congress should--
       (1) take action to reduce heat-trapping pollution; and
       (2) encourage other countries to reduce heat-trapping 
     pollution.
                                 ______
                                 
  SA 9. Mr. SCHATZ submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       After section 2, insert the following:

     SEC. __. RENEWABLE ENERGY.

       Notwithstanding any other provision of this Act, the 
     pipeline and facilities referred to in section 2(a) may not 
     continue operation unless each year during the 10-year period 
     beginning on commencement of operation of the pipeline 
     referred to in section 2(a), the annual amount of non-hydro 
     renewable energy capacity that is built in the United States 
     is equal to or greater than the maximum annual capacity of 
     the pipeline on an energy content basis.
                                 ______
                                 
  SA 10. Mr. SCHATZ submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. __. FINES FOR TRESPASS AND DRILLING WITHOUT APPROVAL.

       (a) Definitions.--In this section:
       (1) Director.--The term ``Director'' means the Director of 
     the Bureau of Land Management.
       (2) Trespass or drilling without approval.--The term 
     ``trespass or drilling without approval'' has the meaning 
     given the term in the report of the Office of Inspector 
     General of the Department of the Interior entitled 
     ``Inspection Report--BLM Federal Onshore Oil and Gas Trespass 
     and Drilling Without Approval'' and dated September 29, 2014.
       (b) Shut Down of Wells.--
       (1) In general.--The Director shall conduct a due process 
     hearing for any owner or operator of a well who has been 
     detected as potentially committing trespass or drilling 
     without approval.
       (2) Shut down.--After providing the due process hearing 
     under paragraph (1), the Director shall shut down any well 
     the owner or operator of which has been found to have 
     intentionally committed trespass or drilling without 
     approval.
       (c) Fines; Royalty Rate Payment.--
       (1) In general.--An owner or operator of a well that has 
     been found to have committed trespass or drilling without 
     approval (intentional or unintentional) under subsection (b) 
     shall be subject to the following fines:
       (A) Monetary fine.--The owner or operator shall be fined an 
     amount equal to the cost the owner or operator incurred to 
     drill and complete the well.

[[Page S212]]

       (B) Royalty rate.--The owner or operator shall be fined an 
     amount equal to the royalty rate the owner or operator would 
     have paid to the Federal Government had the owner or operator 
     secured approval to drill the well from the Bureau of Land 
     Management.
       (2) Use of fines.--
       (A) In general.--The Director shall use 25 percent of the 
     revenues raised from the imposition of monetary fines under 
     paragraph (1)(A) to fund programs in the Bureau of Land 
     Management that increase prevention and enforcement of 
     trespass or drilling without approval on Federal land.
       (B) Monitoring and enforcement standards.--
       (i) In general.--In carrying out subparagraph (A), the 
     Director shall standardize the monitoring and enforcement 
     policies of the Bureau of Land Management, to be implemented 
     across the regional offices of the Bureau of Land Management, 
     to increase monitoring of drilling on Federal land.
       (ii) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Director shall submit to Congress 
     a report on the efforts of the Director in carrying out 
     clause (i).
       (d) Liability.--The owner or operator, including any 
     subcontractor of the owner or operator, shall be liable for 
     any claim or cause of action arising from the trespass or 
     drilling without approval.
                                 ______
                                 
  SA 11. Mr. MERKLEY submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       After section 2, insert the following:

     SEC. __. SENSE OF CONGRESS.

       (a) Findings.--Congress finds that--
       (1) rural communities are critical to the food supply and 
     recreation opportunities of the United States;
       (2) farming, fishing, forestry, and recreation in the rural 
     communities of the United States are particularly vulnerable 
     to changes in climate;
       (3) the overwhelming majority of the scientific community 
     agrees that global warming is real and predominantly 
     attributable to human activity;
       (4) climate change is already having devastating impacts to 
     the rural communities of the United States;
       (5) winter snow pack is decreasing, impacting agricultural 
     producers who depend on irrigation;
       (6) ocean acidity levels are increasing and ocean water 
     temperatures are rising, impacting coastal fishermen; and
       (7) the fire season in the Western United States is growing 
     longer, impacting loggers and mill owners.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) climate change is real;
       (2) the rural communities of the United States are and will 
     be significantly impacted by climate change; and
       (3) the United States should make it a priority to protect 
     the rural communities and natural resources from the worst 
     impacts of climate change.
                                 ______
                                 
  SA 12. Mr. MERKLEY submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       After section 2, insert the following:

     SEC. __. SENSE OF CONGRESS REGARDING THE SCIENTIFIC CONSENSUS 
                   ON CLIMATE CHANGE.

       (a) Findings.--Congress finds that--
       (1) the National Oceanic and Atmospheric Administration 
     (NOAA) and the National Aeronautics and Space Administration 
     (NASA) agree that global warming is real and due to human 
     activity;
       (2) the National Academy of Sciences agrees that global 
     warming is real and due to human activity;
       (3) the American Association for the Advancement of Science 
     agrees that global warming is real and due to human activity;
       (4) the American Chemical Society agrees that global 
     warming is real and due to human activity;
       (5) the American Geophysical Union agrees that global 
     warming is real and due to human activity;
       (6) the American Medical Association agrees that global 
     warming is real and due to human activity;
       (7) the American Meteorological Society agrees that global 
     warming is real and due to human activity;
       (8) the American Physical Society agrees that global 
     warming is real and due to human activity; and
       (9) the Geological Society of America agrees that global 
     warming is real and due to human activity.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) Congress should take under due consideration advice 
     from the leading scientific institutions in the United 
     States; and
       (2) global warming is real and due to human activity.
                                 ______
                                 
  SA 13. Mr. MARKEY (for himself and Ms. Baldwin) submitted an 
amendment intended to be proposed to amendment SA 2 proposed by Ms. 
Murkowski (for herself, Mr. Hoeven, Mr. Barrasso, Mr. Risch, Mr. Lee, 
Mr. Flake, Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. Gardner, Mr. 
Portman, Mr. Alexander, and Mrs. Capito) to the bill S. 1, to approve 
the Keystone XL Pipeline; as follows:

       At the end of section 2, add the following:
       (f) Limitation.--
       (1) In general.--Subject to paragraph (2), none of the 
     crude oil and bitumen transported into the United States by 
     the operation of the Keystone XL pipeline under the authority 
     provided by subsection (a), and none of the refined petroleum 
     fuel products originating from that crude oil or bitumen, may 
     be exported from the United States.
       (2) Waivers authorized.--The President may waive the 
     limitation described in paragraph (1) if--
       (A) the President determines that a waiver is in the 
     national interest because it--
       (i) will not lead to an increase in domestic consumption of 
     crude oil or refined petroleum products obtained from 
     countries hostile to United States' interests or with 
     political and economic instability that compromises energy 
     supply security;
       (ii) will not lead to higher costs to refiners who purchase 
     the crude oil than the refiners would pay for crude oil in 
     the absence of the waiver; and
       (iii) will not lead to higher gasoline costs to consumers 
     than consumers would pay in the absence of the waiver;
       (B) an exchange of crude oil or refined product provides 
     for no net loss of crude oil or refined product consumed 
     domestically; or
       (C) a waiver is necessary under the Constitution, a law, or 
     an international agreement.
                                 ______
                                 
  SA 14. Mr. CRUZ submitted an amendment intended to be proposed by him 
to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CRUDE OIL EXPORTS.

       (a) Repeal of Presidential Authority to Restrict Oil 
     Exports.--
       (1) In general.--Section 103 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6212) is repealed.
       (2) Conforming amendments.--
       (A) Section 12 of the Alaska Natural Gas Transportation Act 
     of 1976 (15 U.S.C. 719j) is amended--
       (i) by striking ``and section 103 of the Energy Policy and 
     Conservation Act''; and
       (ii) by striking ``such Acts'' and inserting ``that Act''.
       (B) The Energy Policy and Conservation Act is amended--
       (i) in section 251 (42 U.S.C. 6271)--

       (I) by striking subsection (d); and
       (II) by redesignating subsection (e) as subsection (d); and

       (ii) in section 523(a)(1) (42 U.S.C. 6393(a)(1)), by 
     striking ``(other than section 103 thereof)''.
       (b) Repeal of Limitations on Exports of Oil.--
       (1) In general.--Section 28 of the Mineral Leasing Act (30 
     U.S.C. 185) is amended--
       (A) by striking subsection (u); and
       (B) by redesignating subsections (v) through (y) as 
     subsections (u) through (x), respectively.
       (2) Conforming amendments.--
       (A) Section 1107(c) of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3167(c)) is amended by striking 
     ``(u) through (y)'' and inserting ``(u) through (x)''.
       (B) Section 23 of the Deep Water Port Act of 1974 (33 
     U.S.C. 1522) is repealed.
       (C) Section 203(c) of the Trans-Alaska Pipeline 
     Authorization Act (43 U.S.C. 1652(c)) is amended in the first 
     sentence by striking ``(w)(2), and (x))'' and inserting 
     ``(v)(2), and (w))''.
       (D) Section 509(c) of the Public Utility Regulatory 
     Policies Act of 1978 (43 U.S.C. 2009(c)) is amended by 
     striking ``subsection (w)(2)'' and inserting ``subsection 
     (v)(2)''.
       (c) Repeal of Limitations on Export of OCS Oil or Gas.--
     Section 28 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1354) is repealed.
       (d) Termination of Limitation on Exportation of Crude 
     Oil.--Section 7(d) of the Export Administration Act of 1979 
     (50 U.S.C. App. 2406(d)) (as in effect pursuant to the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.)) shall have no force or effect.
       (e) Clarification of Crude Oil Regulation.--
       (1) In general.--Section 754.2 of title 15, Code of Federal 
     Regulations (relating to crude oil) shall have no force or 
     effect.
       (2) Crude oil license requirements.--The Bureau of Industry 
     and Security of the Department of Commerce shall grant 
     licenses to export to a country crude oil (as the term is 
     defined in subsection (a) of the regulation referred to in 
     paragraph (1)) (as in effect on

[[Page S213]]

     the date that is 1 day before the date of enactment of this 
     Act) unless--
       (A) the country is subject to sanctions or trade 
     restrictions imposed by the United States; or
       (B) the President or Congress has designated the country as 
     subject to exclusion for reasons of national security.
                                 ______
                                 
  SA 15. Mr. CRUZ submitted an amendment intended to be proposed by him 
to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EXPEDITED APPROVAL OF EXPORTATION OF NATURAL GAS TO 
                   WORLD TRADE ORGANIZATION MEMBER COUNTRIES.

       (a) In General.--Section 3(c) of the Natural Gas Act (15 
     U.S.C. 717b(c)) is amended--
       (1) by striking ``(c) For purposes'' and inserting the 
     following:
       ``(c) Expedited Application and Approval Process.--
       ``(1) Definition of world trade organization member 
     country.--In this subsection, the term `World Trade 
     Organization member country' has the meaning given the term 
     `WTO member country' in section 2 of the Uruguay Round 
     Agreements Act (19 U.S.C. 3501).
       ``(2) Expedited application and approval process.--For 
     purposes''; and
       (2) in paragraph (2) (as so designated), by inserting ``or 
     to a World Trade Organization member country'' after ``trade 
     in natural gas''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to applications for the authorization to export 
     natural gas under section 3 of the Natural Gas Act (15 U.S.C. 
     717b) that are pending on, or filed on or after, the date of 
     enactment of this Act.
                                 ______
                                 
  SA 16. Mr. CRUZ submitted an amendment intended to be proposed by him 
to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

             TITLE II--NORTH AMERICAN ENERGY INFRASTRUCTURE

     SEC. 201. SHORT TITLE.

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

     SEC. 202. FINDING.

       Congress finds that the United States should establish a 
     more uniform, transparent, and modern process for the 
     construction, connection, operation, and maintenance of oil 
     and natural gas pipelines and electric transmission 
     facilities for the import and export of oil and natural gas 
     and the transmission of electricity to and from Canada and 
     Mexico, in pursuit of a more secure and efficient North 
     American energy market.

     SEC. 203. AUTHORIZATION OF CERTAIN ENERGY INFRASTRUCTURE 
                   PROJECTS AT THE NATIONAL BOUNDARY OF THE UNITED 
                   STATES.

       (a) Authorization.--Except as provided in subsection (c) 
     and section 207, no person may construct, connect, operate, 
     or maintain a cross-border segment of an oil pipeline or 
     electric transmission facility for the import or export of 
     oil or the transmission of electricity to or from Canada or 
     Mexico without obtaining a certificate of crossing for the 
     construction, connection, operation, or maintenance of the 
     cross-border segment under this section.
       (b) Certificate of Crossing.--
       (1) Requirement.--Not later than 120 days after final 
     action is taken under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) with respect to a cross-
     border segment for which a request is received under this 
     section, the Secretary of Energy, in consultation with 
     appropriate Federal agencies, shall issue a certificate of 
     crossing for the cross-border segment unless the relevant 
     official finds that the construction, connection, operation, 
     or maintenance of the cross-border segment is not in the 
     national security interest of the United States.
       (2) Additional requirement for electric transmission 
     facilities.--In the case of a request for a certificate of 
     crossing for the construction, connection, operation, or 
     maintenance of a cross-border segment of an electric 
     transmission facility, the Secretary of Energy shall require, 
     as a condition of issuing the certificate of crossing for the 
     request under paragraph (1), that the cross-border segment of 
     the electric transmission facility be constructed, connected, 
     operated, or maintained consistent with all applicable 
     policies and standards of--
       (A) the Electric Reliability Organization and the 
     applicable regional entity; and
       (B) any Regional Transmission Organization or Independent 
     System Operator with operational or functional control over 
     the cross-border segment of the electric transmission 
     facility.
       (c) Exclusions.--This section shall not apply to any 
     construction, connection, operation, or maintenance of a 
     cross-border segment of an oil pipeline or electric 
     transmission facility for the import or export of oil or the 
     transmission of electricity to or from Canada or Mexico--
       (1) if the cross-border segment is operating for such 
     import, export, or transmission as of the date of enactment 
     of this Act;
       (2) if a permit described in section 206 for such 
     construction, connection, operation, or maintenance has been 
     issued;
       (3) if a certificate of crossing for such construction, 
     connection, operation, or maintenance has previously been 
     issued under this section; or
       (4) if an application for a permit described in section 206 
     for such construction, connection, operation, or maintenance 
     is pending on the date of enactment of this Act, until the 
     earlier of--
       (A) the date on which such application is denied; or
       (B) July 1, 2016.
       (d) Effect of Other Laws.--
       (1) Application to projects.--Nothing in this section or 
     section 207 shall affect the application of any other Federal 
     statute to a project for which a certificate of crossing for 
     the construction, connection, operation, or maintenance of a 
     cross-border segment is sought under this section.
       (2) Natural gas act.--Nothing in this section or section 
     207 shall affect the requirement to obtain approval or 
     authorization under sections 3 and 7 of the Natural Gas Act 
     for the siting, construction, or operation of any facility to 
     import or export natural gas.

     SEC. 204. IMPORTATION OR EXPORTATION OF NATURAL GAS TO CANADA 
                   AND MEXICO.

       Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is 
     amended by adding at the end the following: ``No order is 
     required under subsection (a) to authorize the export or 
     import of any natural gas to or from Canada or Mexico.''.

     SEC. 205. TRANSMISSION OF ELECTRIC ENERGY TO CANADA AND 
                   MEXICO.

       (a) Repeal of Requirement To Secure Order.--Section 202(e) 
     of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
       (b) Conforming Amendments.--
       (1) State regulations.--Section 202(f) of the Federal Power 
     Act (16 U.S.C. 824a(f)) is amended by striking ``insofar as 
     such State regulation does not conflict with the exercise of 
     the Commission's powers under or relating to subsection 
     202(e)''.
       (2) Seasonal diversity electricity exchange.--Section 
     602(b) of the Public Utility Regulatory Policies Act of 1978 
     (16 U.S.C. 824a-4(b)) is amended by striking ``the Commission 
     has conducted hearings and made the findings required under 
     section 202(e) of the Federal Power Act'' and all that 
     follows through the period at the end and inserting ``the 
     Secretary has conducted hearings and finds that the proposed 
     transmission facilities would not impair the sufficiency of 
     electric supply within the United States or would not impede 
     or tend to impede the coordination in the public interest of 
     facilities subject to the jurisdiction of the Secretary.''.

     SEC. 206. NO PRESIDENTIAL PERMIT REQUIRED.

       No Presidential permit (or similar permit) required under 
     Executive Order No. 13337 (3 U.S.C. 301 note), Executive 
     Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3, 
     United States Code, Executive Order No. 12038, Executive 
     Order No. 10485, or any other Executive order shall be 
     necessary for the construction, connection, operation, or 
     maintenance of an oil or natural gas pipeline or electric 
     transmission facility, or any cross-border segment thereof.

     SEC. 207. MODIFICATIONS TO EXISTING PROJECTS.

       No certificate of crossing under section 203, or permit 
     described in section 206, shall be required for a 
     modification to the construction, connection, operation, or 
     maintenance of an oil or natural gas pipeline or electric 
     transmission facility--
       (1) that is operating for the import or export of oil or 
     natural gas or the transmission of electricity to or from 
     Canada or Mexico as of the date of enactment of this Act;
       (2) for which a permit described in section 206 for such 
     construction, connection, operation, or maintenance has been 
     issued; or
       (3) for which a certificate of crossing for the cross-
     border segment of the pipeline or facility has previously 
     been issued under section 203.

     SEC. 208. EFFECTIVE DATE; RULEMAKING DEADLINES.

       (a) Effective Date.--Sections 203 through 207, and the 
     amendments made by such sections, shall take effect on 
     January 1, 2016.
       (b) Rulemaking Deadlines.--Each relevant official described 
     in section 203(b)(2) shall--
       (1) not later than 180 days after the date of enactment of 
     this Act, publish in the Federal Register notice of a 
     proposed rulemaking to carry out the applicable requirements 
     of section 203; and
       (2) not later than 1 year after the date of enactment of 
     this Act, publish in the Federal Register a final rule to 
     carry out the applicable requirements of section 203.

     SEC. 209. DEFINITIONS.

       In this title--
       (1) the term ``cross-border segment'' means the portion of 
     an oil or natural gas pipeline or electric transmission 
     facility that is located at the national boundary of the 
     United States with either Canada or Mexico;
       (2) the term ``modification'' includes a reversal of flow 
     direction, change in ownership, volume expansion, downstream 
     or upstream interconnection, or adjustment to maintain flow 
     (such as a reduction or increase in the number of pump or 
     compressor stations);
       (3) the term ``natural gas'' has the meaning given that 
     term in section 2 of the Natural Gas Act (15 U.S.C. 717a);
       (4) the term ``oil'' means petroleum or a petroleum 
     product;

[[Page S214]]

       (5) the terms ``Electric Reliability Organization'' and 
     ``regional entity'' have the meanings given those terms in 
     section 215 of the Federal Power Act (16 U.S.C. 824o); and
       (6) the terms ``Independent System Operator'' and 
     ``Regional Transmission Organization'' have the meanings 
     given those terms in section 3 of the Federal Power Act (16 
     U.S.C. 796).
                                 ______
                                 
  SA 17. Mr. FRANKEN (for himself, Ms. Stabenow, and Mr. Manchin) 
submitted an amendment intended to be proposed to amendment SA 2 
proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. Barrasso, Mr. 
Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. Cassidy, Mr. 
Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to the bill S. 1, 
to approve the Keystone XL Pipeline; as follows:

       After section 2, insert the following:

     SEC. __. USE OF UNITED STATES IRON, STEEL, AND MANUFACTURED 
                   GOODS.

       (a) Limitation.--Subject to subsection (b), to the maximum 
     extent consistent with the obligations of the United States 
     under international trade agreements, none of the iron, 
     steel, or manufactured goods used in the construction of the 
     Keystone XL Pipeline and facilities approved by this Act may 
     be produced outside of the United States.
       (b) Nonapplication.--Subsection (a) shall not apply to the 
     extent that the President finds that--
       (1) iron, steel, and the applicable manufactured goods are 
     not produced in the United States in sufficient and 
     reasonably available quantities with a satisfactory quality; 
     or
       (2) inclusion of iron, steel, or any manufactured good 
     produced in the United States will increase the cost of the 
     iron, steel, or any manufactured good used in the Pipeline 
     and facilities by more than 25 percent.
                                 ______
                                 
  SA 18. Mrs. FISCHER submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. __. LIMITATION ON DESIGNATION OF NEW FEDERALLY PROTECTED 
                   LAND.

       (a) Definition of Federally Protected Land.--In this 
     section, the term ``federally protected land'' means any area 
     designated or acquired by the Federal Government for the 
     purpose of conserving historic, cultural, environmental, 
     scenic, recreational, developmental, or biological resources.
       (b) Findings Required.--New federally protected land shall 
     not be designated unless the Secretary, prior to the 
     designation, publishes in the Federal Register--
       (1) a finding that the addition of the new federally 
     protected land would not have a negative impact on the 
     administration of existing federally protected land; and
       (2) a finding that, as of the date of the finding, 
     sufficient resources are available to effectively implement 
     management plans for existing units of federally protected 
     land.
                                 ______
                                 
  SA 19. Mrs. FISCHER submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. __. CONSIDERATION OF GREENHOUSE GAS EMISSIONS IN NEPA 
                   REVIEWS.

       In completing an environmental impact statement or similar 
     analysis required under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.), a Federal agency shall not 
     take into consideration greenhouse gas emissions.
                                 ______
                                 
  SA 20. Mrs. FISCHER submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROHIBITION ON USE OF FUNDS FOR CERTAIN 
                   CONSERVATION AREAS.

       The Secretary of the Interior shall not use Federal funds 
     to acquire any land or interests in land for the Niobrara 
     Confluence and Ponca Bluffs Conservation Areas unless the 
     Secretary of the Interior solicits input from, and receives 
     the consent of, the Governor and legislature of the State in 
     which the land is located with respect to the acquisition.
                                 ______
                                 
  SA 21. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 2 proposed by Ms. Murkowski (for herself, Mr. Hoeven, Mr. 
Barrasso, Mr. Risch, Mr. Lee, Mr. Flake, Mr. Daines, Mr. Manchin, Mr. 
Cassidy, Mr. Gardner, Mr. Portman, Mr. Alexander, and Mrs. Capito) to 
the bill S. 1, to approve the Keystone XL Pipeline; which was ordered 
to lie on the table; as follows:

       After section 2, insert the following:

     SEC. __. REGULATION OF PETROLEUM COKE AS A HAZARDOUS WASTE.

       (a) In General.--Section 3001(e) of the Solid Waste 
     Disposal Act (42 U.S.C. 6921(e)) is amended by adding at the 
     end the following:
       ``(3) Petroleum Coke.--As soon as practicable after the 
     date of enactment of this paragraph and notwithstanding any 
     other provision of this Act, the Administrator shall list as 
     a hazardous waste under subsection (b)(1) petroleum coke.''.
       (b) Requirements for Handling and Transportation of 
     Petroleum Coke.--Section 3003 of the Solid Waste Disposal Act 
     (42 U.S.C. 6923) is amended by adding at the end the 
     following:
       ``(d) Handling and Transportation of Petroleum Coke.--As 
     soon as practicable after the date of enactment of this 
     subsection, the Administrator, in consultation with the 
     Secretary of Transportation, shall promulgate regulations to 
     ensure that any handler or transporter of petroleum coke 
     stores the petroleum coke at all times in an enclosed 
     building or container.''.
       (c) Definition of Hazardous Substance.--Section 101(14) of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601(14)) is amended in the 
     second sentence by inserting ``(other than petroleum coke)'' 
     after ``petroleum''.
                                 ______
                                 
  SA 22. Mr. MENENDEZ submitted an amendment intended to be proposed by 
him to the bill S. 1, to approve the Keystone XL Pipeline; which was 
ordered to lie on the table; as follows:

       In section 2, strike subsection (e) and insert the 
     following:
       (e) Private Property Savings Clause.--
       (1) In general.--Nothing in this Act authorizes the use of 
     condemnation to acquire land or an interest in land for the 
     pipeline and cross-border facilities described in subsection 
     (a).
       (2) Willing sellers.--Land or an interest in land for the 
     pipeline and cross-border facilities described in subsection 
     (a) may only be acquired from willing sellers.
                                 ______
                                 
  SA 23. Mr. SANDERS (for himself, Mr. Menendez, and Mr. Whitehouse) 
submitted an amendment intended to be proposed by him to the bill S. 1, 
to approve the Keystone XL Pipeline; which was ordered to lie on the 
table; as follows:

       After section 2, insert the following:

     SEC. ___. REBATES FOR PURCHASE AND INSTALLATION OF 
                   PHOTOVOLTAIC SYSTEMS.

       (a) Definitions.--In this section:
       (1) Photovoltaic system.--The term ``photovoltaic system'' 
     includes--
       (A) solar panels;
       (B) roof support structures;
       (C) inverters;
       (D) an energy storage system, if the energy storage system 
     is integrated with the photovoltaic system; and
       (E) any other hardware necessary for the installation of a 
     photovoltaic system.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Rebates for Purchase and Installation of Photovoltaic 
     Systems.--
       (1) In general.--The Secretary shall establish a program 
     under which the Secretary shall provide rebates to eligible 
     individuals or entities for the purchase and installation of 
     photovoltaic systems for residential and commercial 
     properties in order to install, over the 10-year period 
     beginning on the date of enactment of this Act, not less than 
     an additional 10,000,000 photovoltaic systems in the United 
     States (as compared to the number of photovoltaic systems 
     installed in the United States as of the date of enactment of 
     this Act) with a cumulative capacity of not less than 60,000 
     megawatts.
       (2) Eligibility.--
       (A) In general.--To be eligible for a rebate under this 
     subsection--
       (i) the recipient of the rebate shall be a homeowner, 
     business, nonprofit entity, or State or local government that 
     purchased and installed a photovoltaic system for a property 
     located in the United States; and
       (ii) the recipient of the rebate shall meet such other 
     eligibility criteria as are determined to be appropriate by 
     the Secretary.
       (B) Other entities.--After public review and comment, the 
     Secretary may identify other individuals or entities located 
     in the United States that qualify for a rebate under this 
     subsection.
       (3) Amount.--Subject to paragraph (4)(B) and the 
     availability of appropriations under subsection (c), the 
     amount of a rebate provided to an eligible individual or 
     entity for the purchase and installation of a photovoltaic 
     system for a property under this subsection shall be equal to 
     the lesser of--
       (A) 15 percent of the initial capital costs for purchasing 
     and installing the photovoltaic system, including costs for 
     hardware,

[[Page S215]]

     permitting and other ``soft costs'', and installation; or
       (B) $10,000.
       (4) Intermediate report.--As soon as practicable after the 
     end of the 5-year period beginning on the date of enactment 
     of this Act, the Secretary shall submit to the appropriate 
     committees of Congress, and publish on the website of the 
     Department of Energy, a report that describes--
       (A) the number of photovoltaic systems for residential and 
     commercial properties purchased and installed with rebates 
     provided under this subsection; and
       (B) any steps the Secretary will take to ensure that the 
     goal of the installation of an additional 10,000,000 
     photovoltaic systems in the United States is achieved by 
     2025.
       (5) Relationship to other law.--The authority provided 
     under this subsection shall be in addition to any other 
     authority under which credits or other types of financial 
     assistance are provided for installation of a photovoltaic 
     system for a property.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 24. Mr. SANDERS (for himself, Mr. Bennet, Mr. Carper, and Mr. 
Menendez) submitted an amendment intended to be proposed by him to the 
bill S. 1, to approve the Keystone XL Pipeline; which was ordered to 
lie on the table; as follows:



                          ____________________