[House Report 112-181]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    112-181

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1938) TO DIRECT THE 
      PRESIDENT TO EXPEDITE THE CONSIDERATION AND APPROVAL OF THE 
  CONSTRUCTION AND OPERATION OF THE KEYSTONE XL OIL PIPELINE, AND FOR 
                             OTHER PURPOSES

                                _______
                                

   July 25, 2011.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Webster, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 370]

    The Committee on Rules, having had under consideration 
House Resolution 370, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1938, the 
North American-Made Energy Security Act, under a structured 
rule. The resolution provides one hour of general debate with 
30 minutes equally divided and controlled by the chair and 
ranking minority member of the Committee on Energy and 
Commerce, 20 minutes equally divided and controlled by the 
chair and ranking minority member of the Committee on 
Transportation and Infrastructure, and 10 minutes equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Natural Resources. The resolution waives 
all points of order against consideration of the bill. The 
resolution provides that the amendment in the nature of a 
substitute recommended by the Committee on Energy and Commerce 
now printed in the bill shall be considered as an original bill 
for the purpose of amendment and shall be considered as read. 
The resolution waives all points of order against the committee 
amendment in the nature of a substitute. The resolution makes 
in order only those amendments printed in this report. Each 
such amendment may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of 
the question in the House or in the Committee of the Whole. All 
points of order against the amendments printed in this report 
are waived. Finally, the resolution provides one motion to 
recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order against its consideration. The waiver of all 
points of order is prophylactic.
    Although the resolution waives all points of order against 
the committee amendment in the nature of a substitute, the 
Committee is not aware of any points of order against the 
committee amendment in the nature of a substitute. The waiver 
of all points of order is prophylactic.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order against the amendments. The waiver 
of all points of order is prophylactic.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 120

    Motion by Mr. McGovern to report an open rule. Defeated: 3-
8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Mr. McGovern......................          Yea
Ms. Foxx........................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Bishop of Utah..............................          Nay   Mr. Polis.........................          Yea
Mr. Woodall.....................................          Nay
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Welch (VT), Cohen (TN): Would add language to the 
findings section that states that the Keystone XL pipeline 
would run through the Ogallala Aquifer and explains the risk 
involved with this route. (10 minutes)
    2. Rush (IL): Would strike paragraph 15 of the findings 
section. (10 minutes)
    3. Eshoo (CA): Would include a finding stating the PHMSA 
Administrator testified at a Congressional hearing and stated 
that the PHMSA had not done a study analyzing the risks 
associated with transporting diluted bitumen. Would also 
require PHMSA to complete a review of the risks associated with 
transporting diluted bitumen, and whether current pipeline 
regulations are sufficient. (10 minutes)
    4. Christensen (VI): Would include a finding stating that 
the Supplemental Draft Environmental Impact Statement estimates 
that the Keystone XL pipeline would increase carbon pollution 
associated with United States fuel use by up to 23,000,000 
metric tons of carbon dioxide. (10 minutes)
    5. Cohen (TN): Would strike finding 16 and replaces it with 
language that outlines TransCanada's recent pipeline safety 
issues with the Keystone pipeline. (10 minutes)
    6. Murphy, Christopher (CT), Cohen (TN), Welch (VT): Would 
add findings language noting that construction of the pipeline 
would permit a new source of oil exports to China and other 
nations. (10 minutes)
    7. Rush (IL): Would extend the deadline for permit decision 
to 120 days after final environmental impact statement or until 
January 1, 2012. (10 minutes)
    8. Hanabusa (HI): Would require that a Presidential Permit 
approving the construction and operation of the Keystone XL 
pipeline will not be issued unless the Secretary of Energy in 
consultation with the Pipeline and Hazardous Materials Safety 
Administration (PHMSA), certify that the applicant has 
calculated a worst-case oil spill scenario for the proposed 
pipeline; and has demonstrated to the satisfaction of the 
Secretary and the PHMSA that the applicant possesses the 
capability and technology to respond immediately and 
effectively to such a worst-case scenario. (10 minutes)
    9. Johnson, Hank (GA): Would require a study on the health 
impacts of increased air pollution in communities surrounding 
the refineries that will transport diluted bitumen through the 
proposed Keystone XL pipeline. (10 minutes)
    10. Jackson Lee (TX): Would add a sense of Congress that 
the United States must decrease its dependence on oil from 
countries that are hostile to the interests of the United 
States of America and that Canada has long been a strong 
trading partner and increasing access to their energy resources 
will create jobs in the United States. (10 minutes)
    11. Kucinich (OH): Would require an analysis of the effect 
of the proposed pipeline on manipulation of oil markets and 
increased gas prices for American consumers. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Welch of Vermont or His 
                   Designee, Debatable for 10 Minutes

  Page 6, after line 24, insert the following new paragraph:
          (18) The proposed Keystone XL pipeline would run 
        through the Ogallala aquifer, risking an oil spill into 
        one of the world's largest freshwater aquifers that 
        provides 30 percent of the groundwater used for 
        irrigation in the United States and drinking water for 
        millions of Americans. Even a small, undetected leak 
        from an underground rupture of the pipeline in the 
        Nebraska Sandhills could pollute almost 5,000,000,000 
        gallons of groundwater--enough oil to pose serious 
        health threats to anyone using the underlying Ogallala 
        Aquifer for drinking water or agriculture.
                              ----------                              --
--------


2. An Amendment To Be Offered by Representative Rush of Illinois or His 
                   Designee, Debatable for 10 Minutes

  Page 6, lines 10 through 13, strike paragraph (15) (and 
redesignate the subsequent paragraphs accordingly).
                              ----------                              --
--------


3. An Amendment To Be Offered by Representative Eshoo of California or 
                 Her Designee, Debatable for 10 Minutes

  Page 6, after line 24, insert the following new paragraph:
          (18) Recent oil pipeline spills, such as the May 2011 
        leak of 21,000 gallons of crude from TransCanada's 
        existing Keystone pipeline in North Dakota, have raised 
        serious concerns about the risks associated with 
        pipelines carrying diluted bitumen. At a June 16, 2011, 
        hearing on pipeline safety held by the Subcommittee on 
        Energy and Power of the Committee on Energy and 
        Commerce, Cynthia L. Quarterman, Administrator of the 
        Pipeline and Hazardous Materials Safety Administration 
        of the Department of Transportation, testified that the 
        Pipeline and Hazardous Materials Safety Administration 
        had not done a study analyzing the risks associated 
        with transporting diluted bitumen.
  Page 7, line 19, insert ``Notwithstanding the previous 
sentence, prior to the issuance of a final order granting or 
denying the Presidential Permit for the Keystone XL pipeline, 
the Pipeline and Hazardous Materials Safety Administration 
shall complete a comprehensive review of the properties and 
characteristics of bitumen and the hazardous liquid pipeline 
regulations to determine whether current regulations are 
sufficient to regulate pipelines used for the transportation of 
tar sands crude oil.'' after ``November 1, 2011.''.
                              ----------                              --
--------


  4. An Amendment To Be Offered by Delegate Christensen of the Virgin 
           Islands or Her Designee, Debatable for 10 Minutes

  Page 6, after line 24, insert the following new paragraph:
          (18) The Supplemental Draft Environmental Impact 
        Statement estimates that the Keystone XL pipeline would 
        increase carbon pollution associated with United States 
        fuel use by up to 23,000,000 metric tons of carbon 
        dioxide equivalent per year, which is equivalent to the 
        annual emissions from an extra 4,500,000 passenger 
        vehicles.
                              ----------                              --
--------


 5. An Amendment To Be Offered by Representative Cohen of Tennessee or 
                 His Designee, Debatable for 10 Minutes

  Page 6, lines 14 through 17, amend paragraph (16) to read as 
follows:
          (16) TransCanada Corporation's first wholly owned oil 
        pipeline in the United States is the recently built 
        Keystone I, which spilled 12 times in the United States 
        and 21 times in Canada in less than one year of 
        operation. Despite claims that it is ``the safest 
        pipeline ever built'', Keystone was recently shut down 
        by the United States Government because it was deemed a 
        ``threat to life, property, and the environment''.
                              ----------                              --
--------


 6. An Amendment To Be Offered by Representative Murphy of Connecticut 
               or His Designee, Debatable for 10 Minutes

  Page 4, lines 18 through 23, amend paragraph (7) to read as 
follows:
          (7) Consultants employed by Canadian tar sands 
        companies have publicly stated that without the 
        Keystone XL pipeline, Canada's tar sands will be 
        ``landlocked'' and unable to be exported overseas. 
        There are significant barriers to construction of a 
        pipeline to ports on the West Coast of Canada. The 
        Keystone XL pipeline, which would service Port Arthur 
        and the Port of Houston, would allow tar sands crude to 
        be exported. Permitting the pipeline would provide an 
        export route to China where none now exists.
                              ----------                              


7. An Amendment To Be Offered by Representative Rush of Illinois or His 
                   Designee, Debatable for 10 Minutes

  Page 7, line 14, strike ``30 days'' and insert ``120 days''.
  Page 7, lines 18 and 19, strike ``November 1, 2011'' and 
insert ``January 1, 2012''.
                              ----------                              


 8. An Amendment To Be Offered by Representative Hanabusa of Hawaii or 
                 Her Designee, Debatable for 10 Minutes

  Page 7, after line 23, insert the following new subsection:
  ``(e) Worst-case Discharge Scenario Certification.--
          ``(1) In general.--No Presidential Permit shall be 
        issued approving the construction and operation of the 
        Keystone XL pipeline unless the Secretary of Energy, in 
        consultation with the Pipeline and Hazardous Materials 
        Safety Administration, certifies that the applicant--
                  ``(A) has calculated a worst-case oil spill 
                scenario for the proposed pipeline; and
                  ``(B) has demonstrated to the satisfaction of 
                the Secretary and the Pipeline and Hazardous 
                Materials Safety Administration that the 
                applicant possesses the capability and 
                technology to respond immediately and 
                effectively to such worst-case oil spill 
                scenario.
          ``(2) Waiver.--The Secretary of Energy, in 
        consultation with the Pipeline and Hazardous Materials 
        Safety Administration, may waive the requirement under 
        paragraph (1) if the applicant has already completed a 
        worst-case discharge scenario analysis and established 
        that it possesses the capability and technology to 
        respond immediately and effectively to such worst-case 
        oil spill scenario.
                              ----------                              


 9. An Amendment To Be Offered by Representative Johnson of Georgia or 
                 His Designee, Debatable for 10 Minutes

  Page 7, after line 23, insert the following new subsection:
  (e) Required Study.--Notwithstanding subsections (a) and (e), 
final approval of construction and operation of the Keystone XL 
pipeline shall not occur until the President has determined 
that the appropriate Federal agency has completed a study of 
the health impacts of increased air pollution in communities 
near refineries that will process up to 830,000 barrels per day 
of tar sands crude transported through the Keystone XL 
pipeline, including an assessment of the cumulative air 
pollution impacts on these communities, many of which already 
experience unhealthy levels of air pollution.
                              ----------                              


 10. An Amendment To Be Offered by Representative Jackson Lee of Texas 
               or Her Designee, Debatable for 10 Minutes

  Page 7, after line 23, insert the following new subsection:
  (e) Sense of Congress.--It is the sense of Congress that the 
United States must decrease its dependence on oil from 
countries which are hostile to the interests of the United 
States. Canada has long been a strong trading partner, and 
increased access to their energy resources will create jobs in 
the United States.
                              ----------                              


 11. An Amendment To Be Offered by Representative Kucinich of Ohio or 
                 His Designee, Debatable for 10 Minutes

  Page 7, after line 23, insert the following new subsection:
  (e) Manipulation of Oil Markets.--The President shall not 
issue a final order granting or denying the Presidential Permit 
for the Keystone XL pipeline until the Secretary of Energy, in 
consultation with the Federal Trade Commission, has certified 
that permitting the pipeline would not lead to manipulation of 
the United States oil market that would be detrimental to 
United States consumers.

                                  
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