[Congressional Record Volume 161, Number 8 (Friday, January 16, 2015)]
[Senate]
[Pages S240-S247]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 35. Ms. COLLINS (for herself and Mr. Warner) submitted an 
amendment intended to be proposed by her 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. __. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR 
                   SCHOOLS.

       (a) Definitions.--In this section:
       (1) School.--The term ``school'' means--
       (A) an elementary school or secondary school (as defined in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801));
       (B) an institution of higher education (as defined in 
     section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1002(a));
       (C) a school of the defense dependents' education system 
     under the Defense Dependents' Education Act of 1978 (20 
     U.S.C. 921 et seq.) or established under section 2164 of 
     title 10, United States Code;
       (D) a school operated by the Bureau of Indian Affairs;
       (E) a tribally controlled school (as defined in section 
     5212 of the Tribally Controlled Schools Act of 1988 (25 
     U.S.C. 2511)); and
       (F) a Tribal College or University (as defined in section 
     316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b))).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Designation of Lead Agency.--The Secretary, acting 
     through the Office of Energy Efficiency and Renewable Energy, 
     shall act as the lead Federal agency for coordinating and 
     disseminating information on existing Federal programs and 
     assistance that may be used to help initiate, develop, and 
     finance energy efficiency, renewable energy, and energy 
     retrofitting projects for schools.
       (c) Requirements.--In carrying out coordination and 
     outreach under subsection (b), the Secretary shall--
       (1) in consultation and coordination with the appropriate 
     Federal agencies, carry out a review of existing programs and 
     financing mechanisms (including revolving loan funds and loan 
     guarantees) available in or from the Department of 
     Agriculture, the Department of Energy, the Department of 
     Education, the Department of the Treasury, the Internal 
     Revenue Service, the Environmental Protection Agency, and 
     other appropriate Federal agencies with jurisdiction over 
     energy financing and facilitation that are currently used or 
     may be used to help initiate, develop, and finance energy 
     efficiency, renewable energy, and energy retrofitting 
     projects for schools;
       (2) establish a Federal cross-departmental collaborative 
     coordination, education, and outreach effort to streamline 
     communication and promote available Federal opportunities and 
     assistance described in paragraph (1) for energy efficiency, 
     renewable energy, and energy retrofitting projects that 
     enables States, local educational agencies, and schools--
       (A) to use existing Federal opportunities more effectively; 
     and
       (B) to form partnerships with Governors, State energy 
     programs, local educational, financial, and energy officials, 
     State and local government officials, nonprofit 
     organizations, and other appropriate entities to support the 
     initiation of the projects;
       (3) provide technical assistance for States, local 
     educational agencies, and schools to help develop and finance 
     energy efficiency, renewable energy, and energy retrofitting 
     projects--
       (A) to increase the energy efficiency of buildings or 
     facilities;
       (B) to install systems that individually generate energy 
     from renewable energy resources;
       (C) to establish partnerships to leverage economies of 
     scale and additional financing mechanisms available to larger 
     clean energy initiatives; or
       (D) to promote--
       (i) the maintenance of health, environmental quality, and 
     safety in schools, including the ambient air quality, through 
     energy efficiency, renewable energy, and energy retrofit 
     projects; and
       (ii) the achievement of expected energy savings and 
     renewable energy production through proper operations and 
     maintenance practices;
       (4) develop and maintain a single online resource website 
     with contact information for relevant technical assistance 
     and support staff in the Office of Energy Efficiency and 
     Renewable Energy for States, local educational agencies, and 
     schools to effectively access and use Federal opportunities 
     and assistance described in paragraph (1) to develop energy 
     efficiency, renewable energy, and energy retrofitting 
     projects; and
       (5) establish a process for recognition of schools that--
       (A) have successfully implemented energy efficiency, 
     renewable energy, and energy retrofitting projects; and
       (B) are willing to serve as resources for other local 
     educational agencies and schools to assist initiation of 
     similar efforts.
       (d) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the implementation of this section.
                                 ______
                                 
  SA 36. Mr. GARDNER (for himself and Mr. Coons) 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. __. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN 
                   FEDERAL BUILDINGS.

       (a) Findings.--Congress finds that--
       (1) private sector funding and expertise can help address 
     the energy efficiency challenges facing the United States;
       (2) the Federal Government spends more than $6,000,000,000 
     annually in energy costs;
       (3) reducing Federal energy costs can help save money, 
     create jobs, and reduce waste;
       (4) energy savings performance contracts and utility energy 
     service contracts are tools for using private sector 
     investment to upgrade Federal facilities without any up-front 
     cost to the taxpayer;
       (5) performance contracting is a way to retrofit Federal 
     buildings using private sector investment in the absence of 
     appropriated dollars; and
       (6) retrofits that reduce energy use also improve 
     infrastructure, protect national security, and cut facility 
     operations and maintenance costs.
       (b) Energy Management Requirements.--Section 543(f)(4) of 
     the National Energy Conservation Policy Act (42 U.S.C. 
     8253(f)(4)) is amended--
       (1) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and indenting appropriately;
       (2) by striking ``Not later than'' and inserting the 
     following:
       ``(A) In general.--Not later than''; and
       (3) by adding at the end the following:
       ``(B) Measures not implemented.--Each energy manager, as 
     part of the certification system under paragraph (7) and 
     using guidelines developed by the Secretary, shall provide an 
     explanation regarding any life-cycle cost-effective measures 
     described in subparagraph (A)(i) that have not been 
     implemented.''.
       (c) Reports.--Section 548(b) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8258(b)) is amended--

[[Page S241]]

       (1) in paragraph (3), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5)(A) the status of the energy savings performance 
     contracts and utility energy service contracts of each 
     agency;
       ``(B) the investment value of the contracts;
       ``(C) the guaranteed energy savings for the previous year 
     as compared to the actual energy savings for the previous 
     year;
       ``(D) the plan for entering into the contracts in the 
     coming year; and
       ``(E) information explaining why any previously submitted 
     plans for the contracts were not implemented.''.
       (d) Definition of Energy Conservation Measures.--Section 
     551(4) of the National Energy Conservation Policy Act (42 
     U.S.C. 8259(4)) is amended by striking ``or retrofit 
     activities'' and inserting ``retrofit activities, or energy 
     consuming devices and required support structures''.
       (e) Authority to Enter Into Contracts.--Section 
     801(a)(2)(F) of the National Energy Conservation Policy Act 
     (42 U.S.C. 8287(a)(2)(F)) is amended--
       (1) in clause (i), by striking ``or'' at the end;
       (2) in clause (ii), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(iii) limit the recognition of operation and maintenance 
     savings associated with systems modernized or replaced with 
     the implementation of energy conservation measures, water 
     conservation measures, or any combination of energy 
     conservation measures and water conservation measures.''.
       (f) Miscellaneous Authority.--Section 801(a)(2) of the 
     National Energy Conservation Policy Act (42 U.S.C. 
     8287(a)(2)) is amended by adding at the end the following:
       ``(H) Miscellaneous authority.--Notwithstanding any other 
     provision of law, a Federal agency may sell or transfer 
     energy savings and apply the proceeds of the sale or transfer 
     to fund a contract under this title.''.
       (g) Payment of Costs.--Section 802 of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287a) is amended by 
     striking ``(and related operation and maintenance expenses)'' 
     and inserting ``, including related operations and 
     maintenance expenses''.
       (h) Definition of Energy Savings.--Section 804(2) of the 
     National Energy Conservation Policy Act (42 U.S.C. 8287c(2)) 
     is amended--
       (1) in subparagraph (A), by striking ``federally owned 
     building or buildings or other federally owned facilities'' 
     and inserting ``Federal building (as defined in section 
     551)'' each place it appears;
       (2) in subparagraph (C) , by striking ``; and'' and 
     inserting a semicolon;
       (3) in subparagraph (D), by striking the period at the end 
     and inserting a semicolon; and
       (4) by adding at the end the following:
       ``(E) the use, sale, or transfer of energy incentives, 
     rebates, or credits (including renewable energy credits) from 
     Federal, State, or local governments or utilities; and
       ``(F) any revenue generated from a reduction in energy or 
     water use, more efficient waste recycling, or additional 
     energy generated from more efficient equipment.''.
                                 ______
                                 
  SA 37. Mr. MANCHIN 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. 3. APPLICABILITY OF LIMITATIONS ON EXPORTATION OF 
                   DOMESTIC CRUDE OIL TO FOREIGN CRUDE OIL 
                   IMPORTED INTO THE UNITED STATES BY PIPELINE.

       (a) In General.--On and after the date of the enactment of 
     this Act, crude oil imported into the United States by 
     pipeline shall be subject to the limitations described in 
     subsection (b) and the licensing requirements described in 
     subsection (c) to the same extent and in the same manner as 
     those limitations and requirements apply to crude oil 
     produced in the United States.
       (b) Limitations Described.--The limitations described in 
     this subsection are the limitations on the exportation of 
     crude oil produced in the United States under section 103(b) 
     of the Energy Policy and Conservation Act (42 U.S.C. 
     6212(b)), section 28(u) of the Mineral Leasing Act (30 U.S.C. 
     185(u)), and section 28 of the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1354).
       (c) Licensing Requirements Described.--The licensing 
     requirements described in this subsection are the licensing 
     requirements applicable to crude oil produced in the United 
     States under the Export Administration Act of 1979 (50 U.S.C. 
     App. 2401 et seq.) (as in effect pursuant to the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.)).
                                 ______
                                 
  SA 38. Mr. MANCHIN 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, add the following:

     SEC. ___. CLARIFICATION OF OIL 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, bitumen, and bituminous 
     mixtures.''.
       (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 take effect on the date of the enactment of this Act.
                                 ______
                                 
  SA 39. Mr. ENZI (for himself, Mr. Barrasso, and Mr. Flake) 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. __. REGIONAL HAZE PROGRAM.

       (a) In General.--Notwithstanding any other provision of 
     law, the Administrator of the Environmental Protection Agency 
     (referred to in this section as the ``Administrator'') shall 
     not reject or disapprove, in whole or in part, a State 
     implementation plan addressing any regional haze regulation 
     of the Environmental Protection Agency (including the 
     regulations described in sections 51.308 and 51.309 of title 
     40, Code of Federal Regulations (or successor regulations)), 
     if--
       (1) the State--
       (A) has submitted to the Administrator a State 
     implementation plan for regional haze that considers the 
     factors identified in section 169A of the Clean Air Act (42 
     U.S.C. 7491); and
       (B) substantially applied the relevant laws (including 
     regulations) in determining the final plan to be selected;
       (2) the Administrator cannot demonstrate, using the best 
     available science, that a Federal implementation plan action 
     governing a specific emissions source or emissions unit, when 
     compared to the State plan, will result in greater than a 1.0 
     deciview improvement from any new emissions control in any 
     single class I area (as classified under section 162 of the 
     Clean Air Act (42 U.S.C. 7472)), based on a 3-year average of 
     the maximum 98th-percentile impact; or
       (3) implementation of the Federal implementation plan, when 
     compared to the State plan, will result in an economic cost 
     to the State or to the private sector of greater than 
     $100,000,000 in any fiscal year or $300,000,000 in the 
     aggregate.
       (b) Applicability.--This section applies to all State 
     implementation plans described in subsection (a) submitted to 
     the Administrator before, on, or after the date of enactment 
     of this Act.
                                 ______
                                 
  SA 40. Mr. TOOMEY (for himself, Mrs. Feinstein, and Mr. Flake) 
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. __. ELIMINATION OF CORN ETHANOL MANDATE FOR RENEWABLE 
                   FUEL.

       (a) Removal of Table.--Section 211(o)(2)(B)(i) of the Clean 
     Air Act (42 U.S.C. 7545(o)(2)(B)(i)) is amended by striking 
     subclause (I).
       (b) Conforming Amendments.--Section 211(o)(2)(B) of the 
     Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended--
       (1) in clause (i)--
       (A) by redesignating subclauses (II) through (IV) as 
     subclauses (I) through (III), respectively;
       (B) in subclause (I) (as so redesignated), by striking ``of 
     the volume of renewable fuel required under subclause (I),''; 
     and
       (C) in subclauses (II) and (III) (as so redesignated), by 
     striking ``subclause (II)'' each place it appears and 
     inserting ``subclause (I)''; and
       (2) in clause (v), by striking ``clause (i)(IV)'' and 
     inserting ``clause (i)(III)''.
       (c) Administration.--Nothing in this section or the 
     amendments made by this section affects the volumes of 
     advanced biofuel, cellulosic biofuel, or biomass-based diesel 
     that are required under section 211(o) of the Clean Air Act 
     (42 U.S.C. 7545(o)).
                                 ______
                                 
  SA 41. Mr. TOOMEY (for himself, Mr. Casey, and Mr. Hatch) 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. __. STANDARDS FOR COAL REFUSE POWER PLANTS.

       (a) Findings.--Congress finds that--
       (1) 19th-century mining operations left behind more than 
     2,000,000,000 tons of coal refuse on surface land in various 
     coal mining regions of the United States;
       (2) coal refuse piles--
       (A) pose significant environmental risks;
       (B) have contaminated more than 180,000 acres of land and 
     streams; and
       (C) are susceptible to fires that endanger public health 
     and emit an estimated 9,000,000 tons of carbon dioxide each 
     year, in addition to other uncontrolled pollutants;
       (3) the Environmental Protection Agency, the Office of 
     Surface Mining Reclamation and Enforcement, and the 
     Department of Environmental Protection of the State of 
     Pennsylvania recognize the significant public

[[Page S242]]

     health benefits of power plants that use coal refuse as fuel;
       (4) since the inception of coal refuse power plants, the 
     plants have removed 210,000,000 tons of coal refuse and 
     restored 8,200 acres of contaminated land; and
       (5) due to the unique nature of coal refuse and the power 
     plants that use coal refuse as a fuel, those plants face 
     distinct economic and technical obstacles to achieving 
     compliance with regulatory standards established for 
     traditional coal-fired power plants.
       (b) Definition of Coal Refuse.--In this section, the term 
     ``coal refuse'' means any byproduct of coal mining, physical 
     coal cleaning, or coal preparation operations that contains 
     coal, matrix material, clay, and other organic and inorganic 
     material.
       (c) Emission Limitations for Certain Electric Utility Steam 
     Generating Units.--
       (1) In general.--The general emission limitations 
     established by the Environmental Protection Agency in the 
     final rule entitled ``Federal Implementation Plans: 
     Interstate Transport of Fine Particulate Matter and Ozone and 
     Correction of SIP Approvals'' (76 Fed. Reg. 48208 (August 8, 
     2011)) (or a successor regulation) shall not apply to an 
     electric utility steam generating unit described in paragraph 
     (3).
       (2) Hydrogen chloride and sulfur dioxide.--The emission 
     limitations for hydrogen chloride and sulfur dioxide 
     contained in table 2 of subpart UUUUU of part 63 of title 40, 
     Code of Federal Regulations (or successor regulations), 
     entitled ``Emission Limits for Existing EGUs'' shall not 
     apply to an electric utility steam generating unit described 
     in paragraph (3).
       (3) Description of electric utility steam generating 
     units.--An electric utility steam generating unit referred to 
     in paragraphs (1) and (2) is an electric utility steam 
     generating unit that--
       (A) is in operation as of the date of enactment of this 
     Act;
       (B) uses fluidized bed combustion technology to convert 
     coal refuse into energy; and
       (C) uses coal refuse as at least 50 percent of the annual 
     fuel consumed, by weight, of the unit.
       (d) Effective Date.--Notwithstanding any other provision of 
     this Act, this section takes effect on the date of enactment 
     of this Act.
                                 ______
                                 
  SA 42. Mr. TOOMEY 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. __. STUDY REQUIRED.

       (a) In General.--
       (1) Study required.--Not later than 1 year after the date 
     of enactment of this Act, the Comptroller General of the 
     United States shall complete a study on the possible 
     impediments to transitioning the entire Federal fleet (as 
     that term is defined in section 303(b)(3) of the Energy 
     Policy Act of 1992 (42 U.S.C. 13212(b)(3)) and vehicles of 
     the United States Postal Service to vehicles fueled by 
     natural gas.
       (2) Criteria.--The study required under paragraph (1) shall 
     specifically examine--
       (A) the status of refueling infrastructure;
       (B) the ability of private vendors to supply adequate 
     numbers of natural gas vehicles, including the necessary 
     accessories; and
       (C) any new maintenance requirements, including technical 
     training for employees of the Federal Government, that the 
     transition would require.
       (b) Report.--On completion of the study required under 
     subsection (a), the Comptroller General of the United States 
     shall submit to Congress a report on the results of the 
     study.
                                 ______
                                 
  SA 43. Mr. HOEVEN (for himself and Mr. Donnelly) 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:

             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 relevant official identified under paragraph 
     (2), 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 public interest of the United States.
       (2) Relevant official.--The relevant official referred to 
     in paragraph (1) is--
       (A) the Secretary of State with respect to oil pipelines; 
     and
       (B) the Secretary of Energy with respect to electric 
     transmission facilities.
       (3) 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) Energy policy and conservation act.--Nothing in this 
     section or section 207 shall affect the authority of the 
     President under section 103(a) of the Energy Policy and 
     Conservation Act.

     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--
       (1) by striking, ``For purposes of subsection (a) of this 
     section'' and inserting the following:
       ``(1) In general.--For purposes of subsection (a)''; and
       (2) by adding at the end the following:
       ``(2) Deadline for approval of applications relating to 
     canada and mexico.--In the case of an application for the 
     importation or exportation of natural gas to or from Canada 
     or Mexico, the Commission shall approve the application not 
     later than 30 days after the date of receipt of the 
     application.''.

     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

[[Page S243]]

     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 the 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 July 
     1, 2015.
       (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 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;
       (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 44. Mr. HATCH 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. __. PROTECTION OF EXISTING GRAZING RIGHTS.

       (a) In General.--Notwithstanding any rule or regulation of 
     the Bureau of Land Management, within the Grand Staircase-
     Escalante National Monument, in areas administered by the 
     Bureau of Land Management, any grazing of livestock that was 
     established as of September 17, 1996, or the date that is 1 
     day before the designation of the Grand Staircase-Escalante 
     National Monument in accordance with Presidential 
     Proclamation Number 6920 (whichever is earlier), and any 
     grazing of livestock that has been established since that 
     date, shall be allowed to continue subject to such reasonable 
     regulations, policies, and practices as the Secretary of the 
     Interior considers to be necessary, on the condition that the 
     Secretary shall allow the grazing levels to continue at 
     current levels to the maximum extent practicable.
       (b) Permits.--In carrying out subsection (a), the Secretary 
     of the Interior may issue new permits (or renew permits) for 
     the grazing of livestock in the areas described in subsection 
     (a).
                                 ______
                                 
  SA 45. Mr. HATCH 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. __. PRIORITIZATION OF CERTAIN FEDERAL REVENUES.

       Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is 
     amended--
       (1) by striking the section designation and all that 
     follows through ``All money received'' in the first sentence 
     of subsection (a) and inserting the following:

     ``SEC. 35. DISPOSITION OF MONEY RECEIVED.

       ``(a) Disposition.--
       ``(1) In general.--All money received'';
       (2) in subsection (a)--
       (A) in the second sentence, by striking ``All moneys 
     received'' and inserting the following:
       ``(2) Amounts to miscellaneous receipts.--
       ``(A) In general.--All money received'';
       (B) in the third sentence, by striking ``Payments to 
     States'' and inserting the following:
       ``(3) Deadlines.--Payments to States''; and
       (C) in paragraph (2) (as designated by subparagraph (A)), 
     by adding at the end the following:
       ``(B) Prioritization of revenues.--
       ``(i) In general.--Notwithstanding any other provision of 
     this Act, if, after the date of enactment of the Keystone XL 
     Pipeline Act, the Secretary or Congress increases a royalty 
     rate under this Act (as in effect on the day before the date 
     of enactment of the Keystone XL Pipeline Act), of the amount 
     described in clause (ii), there shall be deposited annually 
     in a special account in the Treasury only such funds as are 
     necessary to fulfill the staffing requirements of the 
     agencies responsible for activities relating to--

       ``(I) coordinating or permitting Federal oil and gas 
     leases;
       ``(II) permits to drill and applications for permits to 
     drill (APDs); and
       ``(III) compliance with the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.).

       ``(ii) Description of amount.--The amount referred to in 
     clause (i) is an amount equal to the difference between--

       ``(I) the amounts credited to miscellaneous receipts under 
     paragraph (1), taking into account the increased royalty rate 
     under this Act, as described in clause (i); and
       ``(II) the amounts credited to miscellaneous receipts under 
     paragraph (1), as in effect on the day before the effective 
     date of such an increased royalty rate.''; and

       (3) in subsection (c)(2)--
       (A) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and indenting the clauses 
     appropriately;
       (B) by striking ``(2) Of'' and inserting the following:
       ``(2) Use of funds.--
       ``(A) In general.--Of''; and
       (C) by adding at the end the following:
       ``(B) Prioritization.--
       ``(i) In general.--Notwithstanding any other provision of 
     this Act, if, after the date of enactment of the Keystone XL 
     Pipeline Act, the Secretary or Congress increases a rental 
     rate under this Act (as in effect on the day before the date 
     of enactment of the Keystone XL Pipeline Act), of the money 
     deposited in the Fund under subparagraph (A)(ii), only such 
     funds as are necessary from the amount described in clause 
     (ii) shall be used to fulfill the staffing requirements of 
     the agencies responsible for activities relating to--

       ``(I) coordinating or permitting Federal oil and gas 
     leases;
       ``(II) permits to drill and applications for permits to 
     drill (APDs); and
       ``(III) compliance with the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.).

       ``(ii) Description of amount.--The amount referred to in 
     clause (i) is an amount equal to the difference between--

       ``(I) the amounts deposited in the Fund under subparagraph 
     (A)(ii), taking into account the increased rental rate under 
     this Act, as described in clause (i); and
       ``(II) the amounts of the money deposited in the Fund under 
     subparagraph (A)(ii), as in effect on the day before the 
     effective date of such an increased rental rate.''.

                                 ______
                                 
  SA 46. Mr. HATCH 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. ___. STATE AUTHORITY FOR HYDRAULIC FRACTURING 
                   REGULATION.

       The Mineral Leasing Act is amended--
       (1) by redesignating section 44 (30 U.S.C. 181 note) as 
     section 45; and
       (2) by inserting after section 43 (30 U.S.C. 226-3) the 
     following:

     ``SEC. 44. STATE AUTHORITY FOR HYDRAULIC FRACTURING 
                   REGULATION.

       ``(a) Definition of Hydraulic Fracturing.--In this section 
     the term `hydraulic fracturing' means the process by which 
     fracturing fluids (or a fracturing fluid system) are pumped 
     into an underground geologic formation at a calculated, 
     predetermined rate and pressure to generate fractures or 
     cracks in the target formation and, as a result, increase the 
     permeability of the rock near the wellbore and improve 
     production of natural gas or oil.

[[Page S244]]

       ``(b) Prohibition.--The Secretary of the Interior shall not 
     enforce any Federal regulation, guidance, or permit 
     requirement regarding hydraulic fracturing, or any component 
     of hydraulic fracturing, relating to oil, gas, or geothermal 
     production activities on or under any land in any State that 
     has regulations, guidance, or permit requirements for 
     hydraulic fracturing.
       ``(c) State Authority.--The Secretary shall recognize and 
     defer to State regulations, guidance, and permitting for all 
     activities regarding hydraulic fracturing, or any component 
     of hydraulic fracturing, relating to oil, gas, or geothermal 
     production activities on Federal land regardless of whether 
     the regulations, guidance, and permitting are duplicative, 
     more or less restrictive, have different requirements, or do 
     not meet Federal regulations, guidance, or permit 
     requirements.''.
                                 ______
                                 
  SA 47. Mr. HATCH 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. __. CATEGORICAL EXCLUSION FOR PINYON-JUNIPER TREE 
                   REMOVAL.

       Notwithstanding any other provision of law, a vegetation 
     management project by the Director of the Bureau of Land 
     Management or the Chief of the Forest Service involving 
     removal or treatment of any Pinyon or Juniper tree for the 
     purpose of conserving or restoring the habitat of the greater 
     sage-grouse or mule deer shall be eligible to be a 
     categorical exclusion (as defined in section 1508.4 of title 
     40, Code of Federal Regulations (or a successor regulation)) 
     for purposes of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.).
                                 ______
                                 
  SA 48. Mrs. GILLIBRAND 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. __. DEFINITION OF UNDERGROUND INJECTION.

       Section 1421(d)(1) of the Safe Drinking Water Act (42 
     U.S.C. 300h(d)(1)) is amended by striking subparagraph (B) 
     and inserting the following:
       ``(B) includes the underground injection of natural gas for 
     purposes of storage.''.
                                 ______
                                 
  SA 49. Mr. SANDERS (for himself, Mr. Tester, Mr. Markey, Ms. Baldwin, 
Ms. Warren, Mr. Leahy, Mr. Franken, Mr. Udall, Ms. Stabenow, and Mr. 
Murphy) 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. __. PROTECTING THE UNITED STATES POSTAL SERVICE.

       (a) Moratorium on Closing or Consolidating Postal 
     Facilities.--During the 2-year period beginning on the date 
     of enactment of this Act, the United States Postal Service 
     may not close or consolidate any processing and distribution 
     center, processing and distribution facility, network 
     distribution center, or other facility that is operated by 
     the United States Postal Service, the primary function of 
     which is to sort and process mail.
       (b) Moratorium on Changes to Service Standards.--During the 
     2-year period beginning on the date of enactment of this Act, 
     the United States Postal Service shall apply the service 
     standards for first-class mail and periodicals under part 121 
     of title 39, Code of Federal Regulations, that were in effect 
     on July 1, 2012.
                                 ______
                                 
  SA 50. Mr. HATCH 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--
       ``(A) crude oil condensates and natural gasoline, and
       ``(B) in the case of any calendar quarter beginning more 
     than 60 days after the date on which the certification under 
     subsection (g) is made, 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 adding at the end the following 
     new sentence: ``In the case of any calendar quarter beginning 
     more than 60 days after the date on which the certification 
     under subsection (g) is made, the preceding sentence shall be 
     applied without regard to whether the crude oil is produced 
     from a well.''.
       (c) Certification That Modification Will Not Increase Price 
     of Gasoline.--Section 4612 of such Code is amended by adding 
     at the end the following new subsection:
       ``(g) Special Rule Relating to Definition of Crude Oil.--
     The Secretary shall not make a certification under this 
     subsection unless the Secretary, in consultation with the 
     Secretary of Commerce, determines that the provisions of 
     subparagraph (B) of subsection (a)(1) and the second sentence 
     of subsection (a)(2) will not result in any increase in the 
     retail price of gasoline in the United States.''.
                                 ______
                                 
  SA 51. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
by her 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:

                         TITLE II--METAL THEFT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Metal Theft Prevention Act 
     of 2015''.

     SEC. 202. DEFINITIONS.

       In this title--
       (1) the term ``critical infrastructure'' has the meaning 
     given the term in section 1016(e) of the USA PATRIOT Act (42 
     U.S.C. 5195c(e));
       (2) the term ``recycling agent'' means any person engaged 
     in the business of purchasing specified metal for reuse or 
     recycling, without regard to whether that person is engaged 
     in the business of recycling or otherwise processing the 
     purchased specified metal for reuse; and
       (3) the term ``specified metal'' means metal that--
       (A)(i) is marked with the name, logo, or initials of a 
     city, county, State, or Federal government entity, a 
     railroad, an electric, gas, or water company, a telephone 
     company, a cable company, a retail establishment, a beer 
     supplier or distributor, or a public utility; or
       (ii) has been altered for the purpose of removing, 
     concealing, or obliterating a name, logo, or initials 
     described in clause (i) through burning or cutting of wire 
     sheathing or other means; or
       (B) is part of--
       (i) a street light pole or street light fixture;
       (ii) a road or bridge guard rail;
       (iii) a highway or street sign;
       (iv) a water meter cover;
       (v) a storm water grate;
       (vi) unused or undamaged building construction or utility 
     material;
       (vii) a historical marker;
       (viii) a grave marker or cemetery urn;
       (ix) a utility access cover; or
       (x) a container used to transport or store beer with a 
     capacity of 5 gallons or more;
       (C) is a wire or cable commonly used by communications and 
     electrical utilities; or
       (D) is copper, aluminum, and other metal (including any 
     metal combined with other materials) that is valuable for 
     recycling or reuse as raw metal, except for--
       (i) aluminum cans; and
       (ii) motor vehicles, the purchases of which are reported to 
     the National Motor Vehicle Title Information System 
     (established under section 30502 of title 49, United States 
     Code).

     SEC. 203. THEFT OF SPECIFIED METAL.

       (a) Offense.--It shall be unlawful to knowingly steal 
     specified metal--
       (1) being used in or affecting interstate or foreign 
     commerce; and
       (2) the theft of which is from and harms critical 
     infrastructure.
       (b) Penalty.--Any person who commits an offense described 
     in subsection (a) shall be fined under title 18, United 
     States Code, imprisoned not more than 10 years, or both.

     SEC. 204. DOCUMENTATION OF OWNERSHIP OR AUTHORITY TO SELL.

       (a) Offenses.--
       (1) In general.--Except as provided in paragraph (2), it 
     shall be unlawful for a recycling agent to purchase specified 
     metal described in subparagraph (A) or (B) of section 202(3), 
     unless--
       (A) the seller, at the time of the transaction, provides 
     documentation of ownership of, or other proof of the 
     authority of the seller to sell, the specified metal; and
       (B) there is a reasonable basis to believe that the 
     documentation or other proof of authority provided under 
     subparagraph (A) is valid.
       (2) Exception.--Paragraph (1) shall not apply to a 
     recycling agent that is subject to a State or local law that 
     sets forth a requirement on recycling agents to obtain 
     documentation of ownership or proof of authority to sell 
     specified metal before purchasing specified metal.
       (3) Responsibility of recycling agent.--A recycling agent 
     is not required to independently verify the validity of the 
     documentation or other proof of authority described in 
     paragraph (1).
       (4) Purchase of stolen metal.--It shall be unlawful for a 
     recycling agent to purchase

[[Page S245]]

     any specified metal that the recycling agent--
       (A) knows to be stolen; or
       (B) should know or believe, based upon commercial 
     experience and practice, to be stolen.
       (b) Civil Penalty.--A person who knowingly violates 
     subsection (a) shall be subject to a civil penalty of not 
     more than $10,000 for each violation.

     SEC. 205. TRANSACTION REQUIREMENTS.

       (a) Recording Requirements.--
       (1) In general.--Except as provided in paragraph (2), a 
     recycling agent shall maintain a written or electronic record 
     of each purchase of specified metal.
       (2) Exception.--Paragraph (1) shall not apply to a 
     recycling agent that is subject to a State or local law that 
     sets forth recording requirements that are substantially 
     similar to the requirements described in paragraph (3) for 
     the purchase of specified metal.
       (3) Contents.--A record under paragraph (1) shall include--
       (A) the name and address of the recycling agent; and
       (B) for each purchase of specified metal--
       (i) the date of the transaction;
       (ii) a description of the specified metal purchased using 
     widely used and accepted industry terminology;
       (iii) the amount paid by the recycling agent;
       (iv) the name and address of the person to which the 
     payment was made;
       (v) the name of the person delivering the specified metal 
     to the recycling agent, including a distinctive number from a 
     Federal or State government-issued photo identification card 
     and a description of the type of the identification; and
       (vi) the license plate number and State-of-issue, make, and 
     model, if available, of the vehicle used to deliver the 
     specified metal to the recycling agent.
       (4) Repeat sellers.--A recycling agent may comply with the 
     requirements of this subsection with respect to a purchase of 
     specified metal from a person from which the recycling agent 
     has previously purchased specified metal by--
       (A) reference to the existing record relating to the 
     seller; and
       (B) recording any information for the transaction that is 
     different from the record relating to the previous purchase 
     from that person.
       (5) Record retention period.--A recycling agent shall 
     maintain any record required under this subsection for not 
     less than 2 years after the date of the transaction to which 
     the record relates.
       (6) Confidentiality.--Any information collected or retained 
     under this section may be disclosed to any Federal, State, or 
     local law enforcement authority or as otherwise directed by a 
     court of law.
       (b) Purchases in Excess of $100.--
       (1) In general.--Except as provided in paragraph (2), a 
     recycling agent may not pay cash for a single purchase of 
     specified metal of more than $100. For purposes of this 
     paragraph, more than 1 purchase in any 48-hour period from 
     the same seller shall be considered to be a single purchase.
       (2) Exception.--Paragraph (1) shall not apply to a 
     recycling agent that is subject to a State or local law that 
     sets forth a maximum amount for cash payments for the 
     purchase of specified metal.
       (3) Payment method.--
       (A) Occasional sellers.--Except as provided in subparagraph 
     (B), for any purchase of specified metal of more than $100 a 
     recycling agent shall make payment by check that--
       (i) is payable to the seller; and
       (ii) includes the name and address of the seller.
       (B) Established commercial transactions.--A recycling agent 
     may make payments for a purchase of specified metal of more 
     than $100 from a governmental or commercial supplier of 
     specified metal with which the recycling agent has an 
     established commercial relationship by electronic funds 
     transfer or other established commercial transaction payment 
     method through a commercial bank if the recycling agent 
     maintains a written record of the payment that identifies the 
     seller, the amount paid, and the date of the purchase.
       (c) Civil Penalty.--A person who knowingly violates 
     subsection (a) or (b) shall be subject to a civil penalty of 
     not more than $5,000 for each violation, except that a person 
     who commits a minor violation shall be subject to a penalty 
     of not more than $1,000.

     SEC. 206. ENFORCEMENT BY ATTORNEY GENERAL.

       The Attorney General may bring an enforcement action in an 
     appropriate United States district court against any person 
     that engages in conduct that violates this title.

     SEC. 207. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

       (a) In General.--An attorney general or equivalent 
     regulator of a State may bring a civil action in the name of 
     the State, as parens patriae on behalf of natural persons 
     residing in the State, in any district court of the United 
     States or other competent court having jurisdiction over the 
     defendant, to secure monetary or equitable relief for a 
     violation of this title.
       (b) Notice Required.--Not later than 30 days before the 
     date on which an action under subsection (a) is filed, the 
     attorney general or equivalent regulator of the State 
     involved shall provide to the Attorney General--
       (1) written notice of the action; and
       (2) a copy of the complaint for the action.
       (c) Attorney General Action.--Upon receiving notice under 
     subsection (b), the Attorney General shall have the right--
       (1) to intervene in the action;
       (2) upon so intervening, to be heard on all matters arising 
     therein;
       (3) to remove the action to an appropriate district court 
     of the United States; and
       (4) to file petitions for appeal.
       (d) Pending Federal Proceedings.--If a civil action has 
     been instituted by the Attorney General for a violation of 
     this title, no State may, during the pendency of the action 
     instituted by the Attorney General, institute a civil action 
     under this title against any defendant named in the complaint 
     in the civil action for any violation alleged in the 
     complaint.
       (e) Construction.--For purposes of bringing a civil action 
     under subsection (a), nothing in this section regarding 
     notification shall be construed to prevent the attorney 
     general or equivalent regulator of the State from exercising 
     any powers conferred under the laws of that State to--
       (1) conduct investigations;
       (2) administer oaths or affirmations; or
       (3) compel the attendance of witnesses or the production of 
     documentary and other evidence.

     SEC. 208. DIRECTIVE TO SENTENCING COMMISSION.

       (a) In General.--Pursuant to its authority under section 
     994 of title 28, United States Code, and in accordance with 
     this section, the United States Sentencing Commission, shall 
     review and, if appropriate, amend the Federal Sentencing 
     Guidelines and policy statements applicable to a person 
     convicted of a criminal violation of section 203 of this Act 
     or any other Federal criminal law based on the theft of 
     specified metal by such person.
       (b) Considerations.--In carrying out this section, the 
     Sentencing Commission shall--
       (1) ensure that the sentencing guidelines and policy 
     statements reflect the--
       (A) serious nature of the theft of specified metal; and
       (B) need for an effective deterrent and appropriate 
     punishment to prevent such theft;
       (2) consider the extent to which the guidelines and policy 
     statements appropriately account for--
       (A) the potential and actual harm to the public from the 
     offense, including any damage to critical infrastructure;
       (B) the amount of loss, or the costs associated with 
     replacement or repair, attributable to the offense;
       (C) the level of sophistication and planning involved in 
     the offense; and
       (D) whether the offense was intended to or had the effect 
     of creating a threat to public health or safety, injury to 
     another person, or death;
       (3) account for any additional aggravating or mitigating 
     circumstances that may justify exceptions to the generally 
     applicable sentencing ranges;
       (4) assure reasonable consistency with other relevant 
     directives and with other sentencing guidelines and policy 
     statements; and
       (5) assure that the sentencing guidelines and policy 
     statements adequately meet the purposes of sentencing as set 
     forth in section 3553(a)(2) of title 18, United States Code.

     SEC. 209. STATE AND LOCAL LAW NOT PREEMPTED.

       Nothing in this title shall be construed to preempt any 
     State or local law regulating the sale or purchase of 
     specified metal, the reporting of such transactions, or any 
     other aspect of the metal recycling industry.

     SEC. 210. EFFECTIVE DATE.

       This title shall take effect 180 days after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 52. Ms. KLOBUCHAR (for herself and Mr. Hoeven) 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. ____. ENERGY EFFICIENCY RETROFIT PILOT PROGRAM.

       (a) Definitions.--In this section:
       (1) Applicant.--The term ``applicant'' means a nonprofit 
     organization that applies for a grant under this section.
       (2) Energy-efficiency improvement.--
       (A) In general.--The term ``energy-efficiency improvement'' 
     means an installed measure (including a product, equipment, 
     system, service, or practice) that results in a reduction in 
     use by a nonprofit organization for energy or fuel supplied 
     from outside the nonprofit building.
       (B) Inclusions.--The term ``energy-efficiency improvement'' 
     includes an installed measure described in subparagraph (A) 
     involving--
       (i) repairing, replacing, or installing--

       (I) a roof or lighting system, or component of a roof or 
     lighting system;
       (II) a window;
       (III) a door, including a security door; or
       (IV) a heating, ventilation, or air conditioning system or 
     component of the system

[[Page S246]]

     (including insulation and wiring and plumbing improvements 
     needed to serve a more efficient system);

       (ii) a renewable energy generation or heating system, 
     including a solar, photovoltaic, wind, geothermal, or biomass 
     (including wood pellet) system or component of the system; 
     and
       (iii) any other measure taken to modernize, renovate, or 
     repair a nonprofit building to make the nonprofit building 
     more energy efficient.
       (3) Nonprofit building.--
       (A) In general.--The term ``nonprofit building'' means a 
     building operated and owned by a nonprofit organization.
       (B) Inclusions.--The term ``nonprofit building'' includes a 
     building described in subparagraph (A) that is--
       (i) a hospital;
       (ii) a youth center;
       (iii) a school;
       (iv) a social-welfare program facility;
       (v) a faith-based organization; and
       (vi) any other nonresidential and noncommercial structure.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall establish a pilot 
     program to award grants for the purpose of retrofitting 
     nonprofit buildings with energy-efficiency improvements.
       (c) Grants.--
       (1) In general.--The Secretary may award grants under the 
     program established under subsection (b).
       (2) Application.--The Secretary may award a grant under 
     this section if an applicant submits to the Secretary an 
     application at such time, in such form, and containing such 
     information as the Secretary may prescribe.
       (3) Criteria for grant.--In determining whether to award a 
     grant under this section, the Secretary shall apply 
     performance-based criteria, which shall give priority to 
     applications based on--
       (A) the energy savings achieved;
       (B) the cost-effectiveness of the energy-efficiency 
     improvement;
       (C) an effective plan for evaluation, measurement, and 
     verification of energy savings;
       (D) the financial need of the applicant; and
       (E) the percentage of the matching contribution by the 
     applicant.
       (4) Limitation on individual grant amount.--Each grant 
     awarded under this section shall not exceed--
       (A) an amount equal to 50 percent of the energy-efficiency 
     improvement; and
       (B) $200,000.
       (5) Cost sharing.--
       (A) In general.--A grant awarded under this section shall 
     be subject to a minimum non-Federal cost-sharing requirement 
     of 50 percent.
       (B) In-kind contributions.--The non-Federal share may be 
     provided in the form of in-kind contributions of materials or 
     services.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2016 through 2020, to remain available 
     until expended.
       (e) Offset.--Section 942(f) of the Energy Policy Act of 
     2005 (42 U.S.C. 16251(f)) is amended by striking 
     ``$250,000,000'' and inserting ``$200,000,000''.
                                 ______
                                 
  SA 53. Mr. WARNER (for himself and Mr. Alexander) 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. __. QUADRENNIAL ENERGY REVIEW.

       (a) Findings.--Congress finds that--
       (1) the President's Council of Advisors on Science and 
     Technology recommends that the United States develop a 
     Governmentwide Federal energy policy and update the policy 
     regularly with strategic Quadrennial Energy Reviews similar 
     to the reviews conducted by the Department of Defense;
       (2) as the lead agency in support of energy science and 
     technology innovation, the Department of Energy has conducted 
     a Quadrennial Technology Review of the energy technology 
     policies and programs of the Department;
       (3) the Quadrennial Technology Review of the Department of 
     Energy serves as the basis for coordination with other 
     agencies and on other programs for which the Department has a 
     key role;
       (4) a Quadrennial Energy Review would--
       (A) establish integrated, Governmentwide national energy 
     objectives in the context of economic, environmental, and 
     security priorities;
       (B) coordinate actions across Federal agencies;
       (C) identify the resources needed for the invention, 
     adoption, and diffusion of energy technologies; and
       (D) provide a strong analytical base for Federal energy 
     policy decisions;
       (5) a Quadrennial Energy Review should be established 
     taking into account estimated Federal budgetary resources;
       (6) the development of an energy policy resulting from a 
     Quadrennial Energy Review would--
       (A) enhance the energy security of the United States;
       (B) create jobs; and
       (C) mitigate environmental harm; and
       (7) while a Quadrennial Energy Review will be a product of 
     the executive branch, the review will have substantial input 
     from--
       (A) Congress;
       (B) the energy industry;
       (C) academia;
       (D) nongovernmental organizations; and
       (E) the public.
       (b) Quadrennial Energy Review.--
       (1) In general.--Section 801 of the Department of Energy 
     Organization Act (42 U.S.C. 7321) is amended to read as 
     follows:

     ``SEC. 801. QUADRENNIAL ENERGY REVIEW.

       ``(a) Definitions.--In this section:
       ``(1) Director.--The term `Director' means the Director of 
     the Office of Science and Technology Policy within the 
     Executive Office of the President.
       ``(2) Federal laboratory.--
       ``(A) In general.--The term `Federal Laboratory' has the 
     meaning given the term `laboratory' in section 12(d) of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3710a(d)).
       ``(B) Inclusion.--The term `Federal Laboratory' includes a 
     federally funded research and development center sponsored by 
     a Federal agency.
       ``(3) Interagency energy coordination council.--The term 
     `interagency energy coordination council' means a council 
     established under subsection (b)(1).
       ``(4) Quadrennial energy review.--The term `Quadrennial 
     Energy Review' means a comprehensive multiyear review, 
     coordinated across Federal agencies, that--
       ``(A) focuses on energy programs and technologies;
       ``(B) establishes energy objectives across the Federal 
     Government; and
       ``(C) covers each of the areas described in subsection 
     (d)(2).
       ``(b) Interagency Energy Coordination Council.--
       ``(1) Establishment.--Not later than 90 days after the date 
     of enactment of the Keystone XL Pipeline Approval Act, and 
     every 4 years thereafter, the President shall establish an 
     interagency energy coordination council to coordinate the 
     Quadrennial Energy Review.
       ``(2) Co-chairpersons.--The appropriate senior Federal 
     Government official designated by the President and the 
     Director shall be co-chairpersons of the interagency energy 
     coordination council.
       ``(3) Membership.--The interagency energy coordination 
     council shall be comprised of representatives at level I or 
     II of the Executive Schedule of--
       ``(A) the Department of Energy;
       ``(B) the Department of Commerce;
       ``(C) the Department of Defense;
       ``(D) the Department of State;
       ``(E) the Department of the Interior;
       ``(F) the Department of Agriculture;
       ``(G) the Department of the Treasury;
       ``(H) the Department of Transportation;
       ``(I) the Office of Management and Budget;
       ``(J) the National Science Foundation;
       ``(K) the Environmental Protection Agency; and
       ``(L) such other Federal organizations, departments, and 
     agencies that the President considers to be appropriate.
       ``(c) Conduct of Review.--Each Quadrennial Energy Review 
     shall be conducted to provide an integrated view of important 
     national energy objectives and Federal energy policy, 
     including the maximum practicable alignment of research 
     programs, incentives, regulations, and partnerships.
       ``(d) Submission of Quadrennial Energy Review to 
     Congress.--
       ``(1) In general.--Not later than August 1, 2016, and every 
     4 years thereafter, the President shall publish and submit to 
     Congress a report on the Quadrennial Energy Review.
       ``(2) Inclusions.--The report described in paragraph (1) 
     should include, as appropriate--
       ``(A) an integrated view of short-, intermediate-, and 
     long-term objectives for Federal energy policy in the context 
     of economic, environmental, and security priorities;
       ``(B) anticipated Federal actions (including programmatic, 
     regulatory, and fiscal actions) and resource requirements--
       ``(i) to achieve the objectives described in subparagraph 
     (A); and
       ``(ii) to be coordinated across multiple agencies;
       ``(C) an analysis of the prospective roles of parties 
     (including academia, industry, consumers, the public, and 
     Federal agencies) in achieving the objectives described in 
     subparagraph (A), including--
       ``(i) an analysis, by energy use sector, including--

       ``(I) commercial and residential buildings;
       ``(II) the industrial sector;
       ``(III) transportation; and
       ``(IV) electric power;

       ``(ii) requirements for invention, adoption, development, 
     and diffusion of energy technologies that are mapped onto 
     each of the energy use sectors; and
       ``(iii) other research that inform strategies to 
     incentivize desired actions;
       ``(D) an assessment of policy options to increase domestic 
     energy supplies and energy efficiency;

[[Page S247]]

       ``(E) an evaluation of energy storage, transmission, and 
     distribution requirements, including requirements for 
     renewable energy;
       ``(F) an integrated plan for the involvement of the Federal 
     Laboratories in energy programs;
       ``(G) portfolio assessments that describe the optimal 
     deployment of resources, including prioritizing financial 
     resources for energy programs;
       ``(H) a mapping of the linkages among basic research and 
     applied programs, demonstration programs, and other 
     innovation mechanisms across the Federal agencies;
       ``(I) an identification of, and projections for, 
     demonstration projects, including timeframes, milestones, 
     sources of funding, and management;
       ``(J) an identification of public and private funding needs 
     for various energy technologies, systems, and infrastructure, 
     including consideration of public-private partnerships, 
     loans, and loan guarantees;
       ``(K) an assessment of global competitors and an 
     identification of programs that can be enhanced with 
     international cooperation;
       ``(L) an identification of policy gaps that need to be 
     filled to accelerate the adoption and diffusion of energy 
     technologies, including consideration of--
       ``(i) Federal tax policies; and
       ``(ii) the role of Federal agencies as early adopters and 
     purchasers of new energy technologies;
       ``(M) a priority list for implementation of objectives and 
     actions taking into account estimated Federal budgetary 
     resources;
       ``(N) an analysis of--
       ``(i) points of maximum leverage for policy intervention to 
     achieve outcomes; and
       ``(ii) areas of energy policy that can be most effective in 
     meeting national goals for the energy sector; and
       ``(O) recommendations for executive branch organization 
     changes to facilitate the development and implementation of 
     Federal energy policies.
       ``(e) Interim Reports.--The President may prepare and 
     publish interim reports as part of the Quadrennial Energy 
     Review.
       ``(f) Executive Secretariat.--
       ``(1) In general.--The Secretary of Energy shall provide 
     the Quadrennial Energy Review with an Executive Secretariat 
     who shall make available the necessary analytical, financial, 
     and administrative support for the conduct of each 
     Quadrennial Energy Review required under this section.
       ``(2) Cooperation.--The heads of applicable Federal 
     agencies shall cooperate with the Secretary and provide such 
     assistance, information, and resources as the Secretary may 
     require to assist in carrying out this section.''.
       (2) Administration.--Nothing in this section or an 
     amendment made by this section supersedes, modifies, amends, 
     or repeals any provision of Federal law not expressly 
     superseded, modified, amended, or repealed by this section.
                                 ______
                                 
  SA 54. Mr. MARKEY 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. ____. ENSURING PERMANENT EXTENSION OF THE WIND 
                   PRODUCTION TAX CREDIT.

       This Act shall not take effect prior to the date that, 
     pursuant to an Act of Congress, the credit allowed under 
     section 45 of the Internal Revenue Code of 1986 is 
     permanently extended for facilities described in subsection 
     (d)(1) of such section.
                                 ______
                                 
  SA 55. Mr. PETERS (for himself and Ms. Stabenow) 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. __. STUDY OF BY-PRODUCT ENVIRONMENTAL IMPACT.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency shall complete and make publicly available 
     on the Internet a study assessing the potential environmental 
     impact of by-products generated from the refining of oil 
     transported through the pipeline referred to in section 
     (2)(a), including petroleum coke.
       (b) Report.--On completion of the study required under 
     subsection (a), the Administrator of the Environmental 
     Protection Agency shall submit to Congress a report on the 
     results of the study, including a summary of best practices 
     for the transportation, storage, and handling of petroleum 
     coke.
                                 ______
                                 
  SA 56. Mr. TESTER (for himself and Mr. Daines) 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:

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

     SEC. __. PROHIBITION ON PROPOSED POWDER RIVER 3 LOW MILITARY 
                   OPERATIONS AREA.

       The Secretary of the Air Force may not approve the proposed 
     Powder River 3 Low Military Operations Area (MOA), described 
     in the final environmental impact statement for the Powder 
     River Training Complex as ``500 feet altitude above ground 
     level (AGL) up to, but not including, 12,000 feet MSL'' in 
     the Powder River 3 section of the Powder River Training 
     Complex.

                          ____________________