[Congressional Record Volume 161, Number 6 (Tuesday, January 13, 2015)]
[Senate]
[Pages S215-S217]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



       After section 2, insert the following:

     SEC. ___. SENSE OF CONGRESS REGARDING CLIMATE CHANGE.

       It is the sense of Congress that Congress is in agreement 
     with the opinion of virtually the entire worldwide scientific 
     community that--
       (1) climate change is real;
       (2) climate change is caused by human activities;
       (3) climate change has already caused devastating problems 
     in the United States and around the world;
       (4) a brief window of opportunity exists before the United 
     States and the entire planet suffer irreparable harm; and
       (5) it is imperative that the United States transform its 
     energy system away from fossil fuels and toward energy 
     efficiency and sustainable energy as rapidly as possible.
                                 ______
                                 
  SA 25. Mr. MARKEY (for himself, Mr. Wyden, Mr. Whitehouse, Mr. 
Durbin, Mr. Merkley, Mr. Booker, and Ms. Baldwin) 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. ___. INCLUSION OF OIL DERIVED FROM TAR SANDS AS CRUDE 
                   OIL.

       This Act shall not take effect prior to the date that 
     diluted bitumen and other bituminous mixtures derived from 
     tar sands or oil sands are treated as crude oil for purposes 
     of section 4612(a)(1) of the Internal Revenue Code of 1986, 
     which may be established either by an Act of Congress or any 
     regulations, rules, or guidance issued by the Commissioner of 
     the Internal Revenue Service or the Secretary of the Treasury 
     (or the Secretary's delegate).
                                 ______
                                 
  SA 26. Mr. WYDEN 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. __. FINDINGS; SENSE OF THE SENATE.

       (a) Findings.--The Senate finds that--
       (1) the oil and gas found on Federal land is a national 
     resource that belongs to the American public;
       (2) the Government Accountability Office has found that 
     significant volumes of public resources are wasted 
     unnecessarily through the venting, flaring, and leaking of 
     natural gas in the production of oil and gas on Federal land;
       (3) the Government Accountability Office has found that 
     approximately 40 percent of that vented, flared, and leaked 
     natural gas is economically recoverable with available 
     technologies;
       (4) the Department of the Interior does not, in general, 
     require royalties to be paid on vented, flared, and leaked 
     natural gas from oil and gas production on Federal land;
       (5) the Government Accountability Office has estimated that 
     about $23,000,000 in revenue is lost annually because of 
     royalties not paid to the Federal Government on vented, 
     flared, and leaked natural gas; and
       (6) methane is a greenhouse gas 86 times more potent than 
     carbon dioxide when measured over a 20-year period.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the oil and gas produced on Federal land should be 
     produced with minimal waste and air pollution; and
       (2) taxpayers should receive full value for the use of 
     public oil and gas resources.
                                 ______
                                 
  SA 27. Mr. WYDEN (for himself, Mr. Bennet, Mr. Brown, Ms. Cantwell, 
Mr. Cardin, Mr. Casey, Mr. Nelson, Ms. Stabenow, Mr. Menendez, Mr. 
Schumer, Mr. Markey, Mr. Merkley, and Mr. Durbin) 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. ___. CLARIFICATION OF TAR SANDS AS CRUDE OIL FOR EXCISE 
                   TAX PURPOSES.

       (a) In General.--Paragraph (1) of section 4612(a) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(1) Crude oil.--The term `crude oil' includes crude oil 
     condensates, natural gasoline, synthetic petroleum, any 
     bitumen or bituminous mixture, any oil derived from a bitumen 
     or bituminous mixture, and any oil derived from kerogen-
     bearing sources.''.
       (b) Technical Amendment.--Paragraph (2) of section 4612(a) 
     of such Code is amended by striking ``from a well located''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to oil and petroleum products received, entered, 
     used, or exported during calendar quarters beginning more 
     than 60 days after the date of the enactment of this Act.
                                 ______
                                 
  SA 28. 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:

       At the end, add the following:

     SEC. __. CAMPAIGN FINANCE DISCLOSURES BY THOSE PROFITING FROM 
                   TAR SANDS DEVELOPMENT.

       (a) In General.--Section 304 of the Federal Election 
     Campaign Act of 1974 (52 U.S.C. 30104) is amended by adding 
     at the end the following new subsection:
       ``(j) Disclosure by Tar Sands Beneficiaries.--
       ``(1) In general.--
       ``(A) Initial disclosure.--Every covered entity which has 
     made covered disbursements and received covered transfers in 
     an aggregate amount in excess of $10,000 during the period 
     beginning on January 1, 2013, and ending on the date that is 
     165 days after the date of the enactment of this subsection 
     shall file with the Commission a statement containing the 
     information described in paragraph (2) not later than the 
     date that is 180 days after the date of the enactment of this 
     subsection.
       ``(B) Subsequent disclosures.--Every covered entity which 
     makes covered disbursements (other than covered disbursement 
     reported under subparagraph (A))and received covered 
     transfers (other than a covered transfer reported under 
     subparagraph (A)) in an aggregate amount in excess of $10,000 
     during any calendar year shall, within 48 hours of each 
     disclosure date, file with the Commission a statement 
     containing the information described in paragraph (2).
       ``(2) Contents of statement.--Each statement required to be 
     filed under this subsection shall be made under penalty of 
     perjury and shall contain the following information:
       ``(A) The identification of the person making the 
     disbursement or receiving the transfer, of any person sharing 
     or exercising direction or control over the activities of 
     such person, and of the custodian of the books and accounts 
     of the person making the disbursement or receiving the 
     transfer.
       ``(B) The principal place of business of the person making 
     the disbursement or receiving the transfer, if not an 
     individual.
       ``(C) The amount of each disbursement or transfer of more 
     than $200 during the period covered by the statement and the 
     identification of the person to whom the disbursement was 
     made or from whom the transfer was received.
       ``(D) The elections to which the disbursements or transfers 
     pertain and the names (if known) of the candidates involved.
       ``(E) If the disbursements were paid out of a segregated 
     bank account which consists of funds contributed solely by 
     individuals who are United States citizens or nationals or 
     lawfully admitted for permanent residence (as defined in 
     section 101(a)(20) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(20))) directly to this account for 
     electioneering communications, the names and addresses of all 
     contributors who contributed an aggregate amount of $1,000 or 
     more to that account during--
       ``(i) in the case of a statement under paragraph (1)(A), 
     during the period described in such paragraph, and
       ``(ii) in the case of a statement under paragraph (1)(B), 
     the period beginning on the first day of the preceding 
     calendar year and ending on the disclosure date.
     Nothing in this subparagraph is to be construed as a 
     prohibition on the use of funds in such a segregated account 
     for a purpose other than covered disbursements.
       ``(F) If the disbursements were paid out of funds not 
     described in subparagraph (E), the names and addresses of all 
     contributors who contributed an aggregate amount of $1,000 or 
     more to the person making the disbursement during--
       ``(i) in the case of a statement under paragraph (1)(A), 
     during the period described in such paragraph, and
       ``(ii) in the case of a statement under paragraph (1)(B), 
     the period beginning on the first day of the preceding 
     calendar year and ending on the disclosure date.
       ``(3) Covered entity.--For purposes of this subsection--
       ``(A) In general.--The term `covered entity' means--

[[Page S216]]

       ``(i) any person who is described in subparagraph (B), and
       ``(ii) any person who owns 5 percent or more of any person 
     described in subparagraph (B).
       ``(B) Person described.--A person is described in this 
     subparagraph if such person--
       ``(i) holds one or more tar sands leases, or
       ``(ii) has received revenues or stands to receive revenues 
     of $1,000,000 or greater from tar sands production, including 
     revenues received in connection with--

       ``(I) exploration of tar sands;
       ``(II) extraction of tar sands;
       ``(III) processing of tar sands;
       ``(IV) building, maintaining, and upgrading the Keystone XL 
     pipeline and other related pipelines used in connection with 
     tar sands;
       ``(V) expanding refinery capacity or building, expanding, 
     and retrofitting import and export terminals in connection 
     with tar sands;
       ``(VI) transportation by pipeline, rail, and barge of tar 
     sands;
       ``(VII) refinement of tar sands;
       ``(VIII) importing crude, refined oil, or byproducts 
     derived from tar sands crude;
       ``(IX) exporting crude, byproducts, or refined oil derived 
     from tar sands crude; and
       ``(X) use of production byproducts from tar sands, such as 
     petroleum coke for energy generation.

       ``(C) Tar sands.--For purposes of this paragraph, the term 
     `tar sands' means bitumen from the West Canadian Sedimentary 
     Basin.
       ``(4) Covered disbursement.--For purposes of this 
     subsection, the term `covered disbursement' means a 
     disbursement for any of the following:
       ``(A) An independent expenditure.
       ``(B) A broadcast, cable, or satellite communication (other 
     than a communication described in subsection (f)(3)(B)) 
     which--
       ``(i) refers to a clearly identified candidate for Federal 
     office;
       ``(ii) is made--

       ``(I) in the case of a communication which refers to a 
     candidate for an office other than President or Vice 
     President, during the period beginning on January 1 of the 
     calendar year in which a general or runoff election is held 
     and ending on the date of the general or runoff election (or 
     in the case of a special election, during the period 
     beginning on the date on which the announcement with respect 
     to such election is made and ending on the date of the 
     special election); or
       ``(II) in the case of a communication which refers to a 
     candidate for the office of President or Vice President, is 
     made in any State during the period beginning 120 days before 
     the first primary election, caucus, or preference election 
     held for the selection of delegates to a national nominating 
     convention of a political party is held in any State (or, if 
     no such election or caucus is held in any State, the first 
     convention or caucus of a political party which has the 
     authority to nominate a candidate for the office of President 
     or Vice President) and ending on the date of the general 
     election; and

       ``(iii) in the case of a communication which refers to a 
     candidate for an office other than President or Vice 
     President, is targeted to the relevant electorate (within the 
     meaning of subsection (f)(3)(C)).
       ``(C) A transfer to another person for the purposes of 
     making a disbursement described in subparagraph (A) or (B).
       ``(5) Covered transfer.--For purposes of this subsection, 
     the term `covered transfer' means any amount received by a 
     covered entity for the purposes of making a covered 
     disbursement.
       ``(6) Disclosure date.--For purposes of this subsection, 
     the term `disclosure date' means--
       ``(A) the first date during any calendar year by which a 
     person has made covered disbursements and received covered 
     transfers aggregating in excess of $10,000; and
       ``(B) any other date during such calendar year by which a 
     person has made covered disbursements and received covered 
     transfers aggregating in excess of $10,000 since the most 
     recent disclosure date for such calendar year.
       ``(7) Contracts to disburse; coordination with other 
     requirements; etc,.--Rules similar to the rules of paragraphs 
     (5), (6), and (7) of subsection (f) shall apply for purposes 
     of this subsection.''.
                                 ______
                                 
  SA 29. Mr. WHITEHOUSE 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:

       On page 3, between lines 19 and 20, insert the following:

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

       It is the sense of the Senate that climate change is real 
     and not a hoax.
                                 ______
                                 
  SA 30. Mr. LEAHY 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:

       Beginning on page 2, strike line 24 and all that follows 
     through page 3, line 10, and insert the following:
       (d) Private Property Savings Clause.--Nothing
                                 ______
                                 
  SA 31. Mr. KAINE 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. __. SENSE OF THE SENATE ON GLOBAL CLIMATE CHANGE.

       It is the sense of the Senate that--
       (1) human activity significantly contributes to climate 
     change; and
       (2) economically reasonable steps should be taken to 
     generate energy with less carbon pollution.
                                 ______
                                 
  SA 32. Mr. LEE 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:


 =========================== NOTE =========================== 

  
  On page S216, January 13, in the second column, the following 
language appears: SA 32. Mr. LEE submitted an amendment intended 
to be proposed to amendment SA 1 proposed by Ms. WARREN (for 
herself and Mr. Schumer) to the bill H.R. 26, to extend the 
termination date of the Terrorism Insurance Program established 
under the Terrorism Risk Insurance Act of 2002, and for other 
purposes; which was ordered to lie on the table; as follows:
  
  The online Record has been corrected to read: SA 32. Mr. LEE 
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:


 ========================= END NOTE ========================= 


       At the appropriate place, insert the following:

     SEC. ___. APPLICATIONS FOR PERMITS TO DRILL REFORM AND 
                   PROCESS.

       Section 17(p) of the Mineral Leasing Act (30 U.S.C. 226(p)) 
     is amended by striking paragraph (2) and inserting the 
     following:
       ``(2) Applications for permits to drill reform and 
     process.--
       ``(A) Timeline.--
       ``(i) In general.--The Secretary shall decide whether to 
     issue a permit to drill not later than 30 days after 
     receiving an application for the permit.
       ``(ii) Extension.--The Secretary may extend the period in 
     clause (i) for up to 2 periods of 15 days each, if the 
     Secretary has given written notice of the delay to the 
     applicant.
       ``(iii) Notice requirements.--Written notice under clause 
     (ii) shall--

       ``(I) be in the form of a letter from the Secretary or a 
     designee of the Secretary; and
       ``(II) include the names and titles of the persons 
     processing the application, the specific reasons for the 
     delay, and a specific date a final decision on the 
     application is expected.

       ``(B) Notice of reasons for denial.--If the application is 
     denied, the Secretary shall provide the applicant--
       ``(i) in writing, clear and comprehensive reasons why the 
     application was not accepted and detailed information 
     concerning any deficiencies; and
       ``(ii) an opportunity to remedy any deficiencies.
       ``(C) Application considered approved.--
       ``(i) In general.--If the Secretary has not made a decision 
     on the application by the end of the 60-day period beginning 
     on the date the application is received by the Secretary, the 
     application is considered approved, except in cases in which 
     existing reviews under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) or the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.) are incomplete.
       ``(ii) Environmental reviews.--Existing reviews under the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 
     et seq.) shall be completed not later than 180 days after 
     receiving an application for the permit.
       ``(iii) Failure to complete.--If all existing reviews are 
     not completed during the 180-day period described in clause 
     (ii), the project subject to the application shall be 
     considered to have no significant impact in accordance with 
     section 102(2)(C) of the National Environmental Policy Act of 
     1969 (42 U.S.C. 4332(2)(C)) and section 7(a)(2) of the 
     Endangered Species Act of 1973 (16 U.S.C. 1536(a)(2)) and 
     that classification shall be considered to be a final agency 
     action.
       ``(D) Denial of permit.--If the Secretary decides not to 
     issue a permit to drill in accordance with subparagraph (A), 
     the Secretary shall--
       ``(i) provide to the applicant a description of the reasons 
     for the denial of the permit;
       ``(ii) allow the applicant to resubmit an application for a 
     permit to drill during the 10-day period beginning on the 
     date the applicant receives the description of the denial 
     from the Secretary; and
       ``(iii) issue or deny any resubmitted application not later 
     than 10 days after the date the application is submitted to 
     the Secretary.
       ``(E) Fee.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, the Secretary shall collect a single $6,500 permit 
     processing fee per application from each applicant at the 
     time the final decision is made whether to issue a permit 
     under subparagraph (A).
       ``(ii) Relationship to resubmitted applications.--A fee 
     collected under clause (i) shall not apply to any resubmitted 
     application.
       ``(iii) Treatment of permit processing fee.--Of the total 
     amount of fees collected under this subparagraph, 50 percent 
     shall be

[[Page S217]]

     transferred to the field office at which the fees are 
     collected and used by the field offices to process protests, 
     leases, and permits under this Act subject to appropriation.
       ``(F) Judicial review.--Actions of the Secretary carried 
     out in accordance with this paragraph shall not be subject to 
     judicial review.''.
                                 ______
                                 
  SA 33. Mr. LEE 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. ___. AWARD OF LITIGATION COSTS TO PREVAILING PARTIES IN 
                   ACCORDANCE WITH EXISTING LAW.

       Section 11(g)(4) of the Endangered Species Act of 1973 (16 
     U.S.C. 1540(g)(4)) is amended by striking ``to any'' and all 
     that follows through the end of the sentence and inserting 
     ``to any prevailing party in accordance with section 2412 of 
     title 28, United States Code.''.
                                 ______
                                 
  SA 34. Mr. LEE 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. ___. DISCLOSURE OF EXPENDITURES UNDER ENDANGERED SPECIES 
                   ACT OF 1973.

       (a) Requirement To Disclose.--Section 13 of the Endangered 
     Species Act of 1973 (87 Stat. 902; relating to conforming 
     amendments which have executed) is amended to read as 
     follows:

     ``SEC. 13. DISCLOSURE OF EXPENDITURES.

       ``(a) Requirement.--The Secretary of the Interior, in 
     consultation with the Secretary of Commerce, shall--
       ``(1) not later than 90 days after the end of each fiscal 
     year, submit to the Committee on Natural Resources of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate an annual report detailing 
     Federal Government expenditures for covered suits during the 
     preceding fiscal year (including the information described in 
     subsection (b)); and
       ``(2) make publicly available through the Internet a 
     searchable database of the information described in 
     subsection (b).
       ``(b) Included Information.--The report shall include--
       ``(1) the case name and number of each covered suit, and a 
     hyperlink to the record or decision for each covered suit (if 
     available);
       ``(2) a description of the claims in each covered suit;
       ``(3) the name of each covered agency whose actions gave 
     rise to a claim in a covered suit;
       ``(4) funds expended by each covered agency (disaggregated 
     by agency account) to receive and respond to notices referred 
     to in section 11(g)(2) or to prepare for litigation of, 
     litigate, negotiate a settlement agreement or consent decree 
     in, or provide material, technical, or other assistance in 
     relation to, a covered suit;
       ``(5) the number of full-time equivalent employees that 
     participated in the activities described in paragraph (4); 
     and
       ``(6) attorneys fees and other expenses (disaggregated by 
     agency account) awarded in covered suits, including any 
     consent decrees or settlement agreements (regardless of 
     whether a decree or settlement agreement is sealed or 
     otherwise subject to nondisclosure provisions), including the 
     bases for such awards.
       ``(c) Requirement To Provide Information.--The head of each 
     covered agency shall provide to the Secretary in a timely 
     manner all information requested by the Secretary to comply 
     with the requirements of this section.
       ``(d) Limitation on Disclosure.--Notwithstanding any other 
     provision of this section, this section shall not affect any 
     restriction in a consent decree or settlement agreement on 
     the disclosure of information that is not described in 
     subsection (b).
       ``(e) Definitions.--
       ``(1) Covered agency.--The term `covered agency' means any 
     agency of the Department of the Interior, the Forest Service, 
     the National Marine Fisheries Service, the Bonneville Power 
     Administration, the Western Area Power Administration, the 
     Southwestern Power Administration, or the Southeastern Power 
     Administration.
       ``(2) Covered suit.--The term `covered suit' means any 
     civil action containing a claim against the Federal 
     Government, in which the claim arises under this Act and is 
     based on the action of a covered agency.''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of such Act is amended by striking the item relating 
     to such section and inserting the following:

``Sec. 13. Disclosure of expenditures.''.

       (c) Prior Amendments Not Affected.--This section shall not 
     be construed to affect the amendments made by section 13 of 
     such Act, as in effect before the enactment of this Act.

                          ____________________