[House Report 113-492]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                    } HOUSE OF REPRESENTATIVES {
 2d Session                                                     113-492
======================================================================
 
    PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 6) TO PROVIDE FOR 
    EXPEDITED APPROVAL OF EXPORTATION OF NATURAL GAS TO WORLD TRADE 
   ORGANIZATION COUNTRIES, AND FOR OTHER PURPOSES; AND PROVIDING FOR 
   CONSIDERATION OF THE BILL (H.R. 3301) TO REQUIRE APPROVAL FOR THE 
 CONSTRUCTION, CONNECTION, OPERATION, OR MAINTENANCE OF OIL OR NATURAL 
   GAS PIPELINES OR ELECTRIC TRANSMISSION FACILITIES AT THE NATIONAL 
BOUNDARY OF THE UNITED STATES FOR THE IMPORT OR EXPORT OF OIL, NATURAL 
GAS, OR ELECTRICITY TO OR FROM CANADA OR MEXICO, AND FOR OTHER PURPOSES

                                _______
                                

   June 23, 2014.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

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

                              R E P O R T

                       [To accompany H. Res. 636]

    The Committee on Rules, having had under consideration 
House Resolution 636, 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. 6, the 
Domestic Prosperity and Global Freedom Act, under a structured 
rule. The resolution provides one hour of general debate 
equally divided and controlled by the chair and ranking 
minority member of the Committee on Energy and Commerce. The 
resolution waives all points of order against consideration of 
the bill. The resolution makes in order as original text for 
the purpose of amendment an amendment in the nature of a 
substitute consisting of the text of Rules Committee Print 113-
48 and provides that it shall be considered as read. The 
resolution waives all points of order against that amendment in 
the nature of a substitute. The resolution makes in order only 
those further amendments printed in part A of 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. The 
resolution waives all points of order against the amendments 
printed in part A of this report. The rule provides one motion 
to recommit with or without instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 3301, North American Energy Infrastructure Act, under a 
structured rule. The resolution provides one hour of general 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Energy and Commerce. The 
resolution waives all points of order against consideration of 
the bill. The resolution makes in order as original text for 
the purpose of amendment an amendment in the nature of a 
substitute consisting of the text of Rules Committee Print 113-
49 and provides that it shall be considered as read. The 
resolution waives all points of order against that amendment in 
the nature of a substitute. The resolution makes in order only 
those further amendments printed in part B of 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. The 
resolution waives all points of order against the amendments 
printed in part B of this report. 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 H.R. 6, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    The waiver all points of order against the amendment in the 
nature of a substitute to H.R. 6 made in order as original text 
includes a waiver of clause 7 of rule XVI, which provides that 
no motion or proposition on a subject different from that under 
consideration shall be admitted under color of amendment. While 
the waiver is necessary under the rule, it is important to note 
that Rules Committee Print 113-48, contains the text of the 
bill as reported by the Committee on Energy and Commerce.
    Although the resolution waives all points of order against 
the amendments printed in part A of this report, the Committee 
is not aware of any points of order. The waiver is prophylactic 
in nature.
    Although the resolution waives all points of order against 
consideration of H.R. 3301, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 3301 made 
in order as original text, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in part B of this report, the Committee 
is not aware of any points of order. The waiver is prophylactic 
in nature.

                            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. 145

    Motion by Mr. McGovern to amend the rule to H.R. 6 to make 
in order and provide the appropriate waivers for amendment #4, 
offered Rep. Garamendi (CA), which clarifies that a viable 
merchant marine is in the public interest and should be taken 
into consideration when processing applications under section 3 
of the Natural Gas Act. Defeated: 2-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................  ............
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole........................................  ............  Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................  ............
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................          Nay
Mr. Burgess.....................................  ............
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 146

    Motion by Mr. McGovern to report open rules for H.R. 6 and 
H.R. 3301. Defeated: 2-7

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................  ............
Mr. Bishop of Utah..............................          Nay   Mr. McGovern......................          Yea
Mr. Cole........................................  ............  Mr. Hastings of Florida...........          Yea
Mr. Woodall.....................................          Nay   Mr. Polis.........................  ............
Mr. Nugent......................................          Nay
Mr. Webster.....................................          Nay
Ms. Ros-Lehtinen................................          Nay
Mr. Burgess.....................................  ............
Mr. Sessions, Chairman..........................          Nay
----------------------------------------------------------------------------------------------------------------

      SUMMARY OF THE AMENDMENTS TO H.R. 6 IN PART A MADE IN ORDER

    1. MANAGER'S AMENDMENT Gardner (CO), Green, Gene (TX): 
Strikes the subsection requiring a 90 day decision deadline and 
replace it with a 30 day decision deadline requiring DOE to 
issue a final decision on applications to export LNG following 
the conclusion of the NEPA environmental review of the LNG 
facilities. For the purposes of the 30 day decision deadline, 
the NEPA review would be considered concluded: for a project 
requiring an Environmental Impact Statement, 30 days after 
publication of a Final Environmental Impact Statement; for a 
project for which an Environmental Assessment has been 
prepared, 30 days after publication by DOE of a Finding of No 
Significant Impact; and upon determination by the lead agency 
that an application is eligible for a Categorical Exclusion 
pursuant to NEPA. (10 minutes)
    2. Holt (NJ), Quigley (IL): Requires the Secretary of 
Energy, before approving any natural gas exports, to make a 
public interest determination in consideration of how exports 
will affect domestic natural gas prices, jobs and 
manufacturing, and other factors. (10 minutes)
    3. DeFazio (OR): Requires an applicant to disclose any 
intention to use eminent domain for any construction necessary 
for LNG exports. (10 minutes)
    4. Turner (OH), Ryan, Tim (OH): Expresses the sense of 
Congress that it is in the public interest of the United States 
to approve the export of U.S. natural gas under section 3 of 
the Natural Gas Act. (10 minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 3301 IN PART B MADE IN ORDER

    1. Pallone (NJ): Ensures that the complete length of cross-
border projects would be subject to full environmental review 
under the National Environmental Policy Act (NEPA). (10 
minutes)
    2. Waxman (CA): Excludes any project with a pending permit 
application from the new approval requirements in the bill. (10 
minutes)
    3. Welch (VT), Pingree (ME), Kuster, Ann (NH), Shea-Porter 
(NH): Ensures pipeline modifications receive a thorough 
environmental review process. (10 minutes)

           PART A--TEXT OF AMENDMENTS TO H.R. 6 MADE IN ORDER

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

  Redesignate subsection (b) of section 2 as subsection (c).
  Strike subsection (a) of section 2 and insert the following:
  (a) Decision Deadline.--For proposals that must also obtain 
authorization from the Federal Energy Regulatory Commission or 
the United States Maritime Administration to site, construct, 
expand, or operate LNG export facilities, the Department of 
Energy shall issue a final decision on any application for the 
authorization to export natural gas under section 3 of the 
Natural Gas Act (15 U.S.C. 717b) not later than 30 days after 
the later of--
          (1) the conclusion of the review to site, construct, 
        expand, or operate the LNG facilities required by the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.); or
          (2) the date of enactment of this Act.
  (b) Conclusion of Review.--For purposes of subsection (a), 
review required by the National Environmental Policy Act of 
1969 shall be considered concluded--
          (1) for a project requiring an Environmental Impact 
        Statement, 30 days after publication of a Final 
        Environmental Impact Statement;
          (2) for a project for which an Environmental 
        Assessment has been prepared, 30 days after publication 
        by the Department of Energy of a Finding of No 
        Significant Impact; and
          (3) upon a determination by the lead agency that an 
        application is eligible for a categorical exclusion 
        pursuant National Environmental Policy Act of 1969 
        implementing regulations.
  In subsection (c) of section 2, as so redesignated, by 
inserting ``final'' before ``decision'' each place it appears.
                              ----------                              


 2. An Amendment To Be Offered by Representative Holt of New Jersey or 
                 His Designee, Debatable for 10 Minutes

  Page 1, line 5, strike ``The Department'' and insert ``Except 
as provided in section 3(a)(2)(C) of the Natural Gas Act, as 
added by section 4 of this Act), the Department''.
  At the end of the bill, add the following new section:

SEC. 4. AUTHORIZATION FOR THE EXPORTATION OF NATURAL GAS.

  Section 3(a) of the Natural Gas Act (15 U.S.C. 717b(a)) is 
amended--
          (1) by inserting before ``After six months from the 
        date on which'' the following: ``(1) authorization for 
        the importation of natural gas.--'';
          (2) by striking ``export any natural gas from the 
        United States to a foreign country or'';
          (3) by striking ``exportation or''; and
          (4) by adding at the end the following new 
        paragraphs:
  ``(2) Authorization for the Exportation of Natural Gas.--
          ``(A) Prohibition.--No person may export any natural 
        gas from the United States to a foreign country without 
        first having secured an order of the Secretary of 
        Energy authorizing such person to do so.
          ``(B) Issuance of orders.--The Secretary of Energy 
        may issue an order authorizing a person to export 
        natural gas from the United States to a foreign 
        country, upon application, if the Secretary determines 
        that the proposed exportation will be consistent with 
        the public interest, in accordance with the regulations 
        issued under paragraph (3)(B). The Secretary may by 
        order grant such application, in whole or in part, with 
        such modification and upon such terms and conditions as 
        the Secretary may find necessary or appropriate.
          ``(C) Timing.--No order may be issued by the 
        Secretary of Energy under this paragraph prior to the 
        date on which the Secretary issues final regulations 
        under paragraph (3)(B).
  ``(3) Public Interest Determination.--
          ``(A) NEPA review.--The Secretary of Energy shall 
        issue a detailed statement under section 102(2)(C) of 
        the National Environmental Policy Act of 1969 (42 
        U.S.C. 4332(2)(C)) of the environmental impact of the 
        issuance of orders under paragraph (2), including by 
        conducting an analysis of the impacts of extraction of 
        exported natural gas on the environment in communities 
        where the natural gas is extracted.
          ``(B) Regulations.--
                  ``(i) Deadline.--Not later than 2 years after 
                the date of enactment of this paragraph, the 
                Secretary of Energy shall issue final 
                regulations, after notice and public comment, 
                for determining whether an export of natural 
                gas from the United States to a foreign country 
                is in the public interest for purposes of 
                issuing an order under paragraph (2).
                  ``(ii) Contents.--Regulations issued under 
                this paragraph shall require the Secretary of 
                Energy to determine, with respect to each 
                application for export of natural gas from the 
                United States to a foreign country, whether 
                such export is in the public interest through--
                          ``(I) use of the latest available 
                        data on current and projected United 
                        States natural gas demands, production, 
                        and price;
                          ``(II) consideration of the effects 
                        of such natural gas exports on--
                                  ``(aa) household and business 
                                energy expenditures by 
                                electricity and natural gas 
                                consumers in the United States;
                                  ``(bb) the United States 
                                economy, jobs, and 
                                manufacturing, including such 
                                effects on wages, investment, 
                                and energy intensive and trade 
                                exposed industries, as 
                                determined by the Secretary;
                                  ``(cc) the energy security of 
                                the United States, including 
                                the ability of the United 
                                States to reduce its reliance 
                                on imported oil;
                                  ``(dd) the conservation of 
                                domestic natural gas supplies 
                                to meet the future energy needs 
                                of the United States;
                                  ``(ee) the potential for 
                                natural gas use in the 
                                transportation, industrial, and 
                                electricity sectors of the 
                                United States;
                                  ``(ff) the ability of the 
                                United States to reduce 
                                greenhouse gas emissions;
                                  ``(gg) the volume of natural 
                                gas produced on public lands in 
                                the United States, and where 
                                such natural gas is consumed;
                                  ``(hh) domestic natural gas 
                                supply and availability, 
                                including such effects on 
                                pipelines and other 
                                infrastructure;
                                  ``(ii) the balance of trade 
                                of the United States; and
                                  ``(jj) other issues 
                                determined relevant by the 
                                Secretary; and
                          ``(III) consideration of the detailed 
                        statement issued under subparagraph 
                        (A).
  ``(4) Exemptions.--Paragraph (2) does not apply with respect 
to any order authorizing the exportation of natural gas if the 
natural gas that would be exported as a result of the order is 
exported solely to meet a requirement imposed pursuant to 
section 203 of the International Emergency Economic Powers Act 
(50 U.S.C. 1702), section 5(b) of the Trading with the Enemy 
Act (50 U.S.C. App. 5(b)), or part B of title II of the Energy 
Policy and Conservation Act (42 U.S.C. 6271 et seq.). In such 
cases, the Secretary of Energy may issue such order upon 
application without modification or delay.''.
                              ----------                              


 3. An Amendment To Be Offered by Representative DeFazio of Oregon or 
                 His Designee, Debatable for 10 Minutes

  Page 2, line 22, insert ``and publically disclose the 
applicant's intention to use eminent domain for any 
construction necessary for such authorized LNG exports'' after 
``authorized LNG exports''.
                              ----------                              


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

  At the end of the bill, add the following new section:

SEC. 4. SENSE OF CONGRESS ON PROMOTING ENERGY SECURITY WITH STRATEGIC 
                    ALLIES.

  (a) Findings.--The Congress finds that the approval of 
exports of United States natural gas under section 3 of the 
Natural Gas Act--
          (1) will create American jobs, diversify world 
        natural gas supplies, and increase competition in the 
        global marketplace; and
          (2) will help provide our strategic allies with 
        access to alternative sources of energy and greater 
        negotiation leverage, reducing their dependence upon 
        one source or unstable regions for energy.
  (b) Sense of Congress.--It is the sense of Congress that it 
is in the public interest of the United States to approve the 
export of United States natural gas under section 3 of the 
Natural Gas Act, which will help boost American job creation, 
diversify world natural gas sources, increase global market 
competition, and enhance our strategic allies' energy security.
                              ----------                              


         PART B--TEXT OF AMENDMENTS TO H.R. 3301 MADE IN ORDER

  1. An Amendment To Be Offered by Representative Pallone Jr. of New 
            Jersey or His Designee, Debatable for 10 Minutes

  Page 1, line 18, strike ``a cross-border segment of''.
  Page 2, beginning on line 3, strike ``a certificate of 
crossing for'' and insert ``approval of''.
  Page 2, line 5, strike ``the cross-border segment'' and 
insert ``the pipeline or facility''.
  Page 2, line 6, strike ``Certificate of Crossing'' and insert 
``Approval''.
  Page 2, line 10, strike ``cross-border segment'' and insert 
``project''.
   Page 2, beginning on line 14, strike ``issue a certificate 
of crossing for the cross-border segment'' and insert ``approve 
such project''.
  Page 2, line 17, strike ``of the cross-border segment''.
  Page 3, line 3, strike ``a certificate of crossing for'' and 
insert ``approval of''.
  Page 3, beginning on line 4, strike ``a cross-border segment 
of''.
  Page 3, line 7, strike ``issuing the certificate of crossing 
for'' and insert ``approving''.
  Page 3, beginning on line 8, strike ``the cross-border 
segment of''.
  Page 3, beginning on line 16, strike ``the cross-border 
segment of''.
  Page 3, beginning on line 20, strike ``a cross-border segment 
of''.
  Page 4, line 1, strike ``cross-border segment'' and insert 
``pipeline or facility''.
  Page 4, line 7, strike ``a certificate of crossing for'' and 
insert ``approval of''.
  Page 4, line 21, strike ``a certificate of crossing for'' and 
insert ``approval of''.
  Page 4, beginning on line 22, strike ``of a cross-border 
segment''.
  Page 6, line 24, strike ``, or any cross-border segment 
thereof''.
  Page 7, line 2, strike ``certificate of crossing'' and insert 
``approval''.
  Page 7, beginning on line 14, strike ``a certificate of 
crossing for the cross-border segment'' and insert 
``approval''.
  Page 8, strike lines 7 through 11.
                              ----------                              


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

  Strike section 3(c)(4) and insert the following:
          (4) if an application for a permit described in 
        section 6 for such construction, connection, operation, 
        or maintenance, or for a substantially similar project, 
        is pending on the date of enactment of this Act.
                              ----------                              


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

  Page 7, line 3, insert ``minor'' before ``modification''.
  Page 7, line 6, insert ``, such as a change in ownership'' 
after ``facility''.
  Page 8, strike lines 12 through 17.

                                  
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