[House Report 113-88]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 113-88
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PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3) TO APPROVE THE
CONSTRUCTION, OPERATION, AND MAINTENANCE OF THE KEYSTONE XL PIPELINE,
AND FOR OTHER PURPOSES
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May 21, 2013.--Referred to the House Calendar and ordered to be printed
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Mr. Webster, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 228]
The Committee on Rules, having had under consideration
House Resolution 228, 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. 3, the
Northern Route Approval Act, under a structured rule. The
resolution provides 90 minutes of general debate equally
divided among and controlled by the respective chairs and
ranking minority members of the Committees on Transportation
and Infrastructure, Energy and Commerce, and Natural Resources.
The resolution waives all points of order against consideration
of the bill. The resolution makes in order as original text for
purpose of amendment an amendment in the nature of a substitute
consisting of the text of Rules Committee Print 113-11 and
provides that it shall be considered as read. The resolution
waives all points of order against the amendment in the nature
of a substitute. The resolution makes in order only those
further 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. The resolution waives
all points of order against the amendments printed in 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 the bill, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives of all points of order
against the amendment in the nature of a substitute made in
order as original text for the purpose of amendment, 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 this report, the Committee is not
aware of any points of order. The waiver is prophylactic in
nature.
SUMMARY OF THE AMENDMENTS MADE IN ORDER
1. Weber, Randy (TX): Adds to the findings in Section 2
highlighting the State Department's scientific and
environmental findings which conclude that the Keystone XL
pipeline is a safe and environmentally sound project. (10
minutes)
2. Waxman (CA): Adds a finding that ``the reliance on oil
sands crudes for transportation fuels would likely result in an
increase in incremental greenhouse gas emissions'' in the
United States, resulting in additional greenhouse gas emissions
equal to 4.3 million passenger vehicles. Also provides that the
bill will not go into effect unless the President finds that
TransCanada or tar sands producers will fully offset the
additional greenhouse gas emissions. (10 minutes)
3. Johnson, Hank (GA): Requires 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)
4. Connolly (VA): Requires a threat assessment of pipeline
vulnerabilities to terrorist attack and corrective actions
necessary to protect the pipeline from such an attack and to
mitigate any resulting spill. (10 minutes)
5. Rahall (WV), DeFazio (OR): Strikes section 3 of the bill
(Keystone XL Permit Approval). Section 3 eliminates the
requirement for a Presidential Permit to construct the Keystone
XL pipeline across an international border. Section 3 further
deems the new application for the Keystone XL pipeline
approved, based on a final environmental impact statement
issued by the U.S. Department of State for a different pipeline
route. (10 minutes)
6. Esty (CT): Removes the mandate to allow one specifically
named company to never receive appropriate oversight through
the permit process for operation and/or maintenance--in
perpetuity, while allowing construction permit fast-track. (10
minutes)
7. Jackson Lee (TX): Lengthens the time period for filing a
claim under the Act from 60 days to 1 year. (10 minutes)
8. Chu (CA), Polis (CO), Connolly (VA): Requires the GAO to
conduct a study and prepare a report of the Keystone XL
pipeline to determine the total projected costs of pipeline
spill cleanup, including the potential impacts of a petroleum
spill on public health and the environment and the quantity and
quality of water available for agricultural and municipal
purposes. (10 minutes)
9. Cohen (TN): Requires TransCanada to submit its oil spill
response plan, and any updates to the plan, to the Governors of
each State in which the Keystone XL pipeline operates.
TransCanada is required to develop such a plan under current
law and regulations; only certain Federal agencies receive and
review the plan. (10 minutes)
10. Holt (NJ): Increases American energy independence by
requiring that all oil and refined fuels transported through
the Keystone XL Pipeline be used here in the United States and
not exported, unless the President finds that an exception is
required by law or in the national interest. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Weber of Texas or His
Designee, Debatable for 10 Minutes
Page 2, line 18, strike ``pipeline.'' and insert ``pipeline,
and--
(A) the Department of State assessments found
that the Keystone XL pipeline ``is not likely
to impact the amount of crude oil produced from
the oil sands'' and that ``approval or denial
of the proposed project is unlikely to have a
substantial impact on the rate of development
in the oil sands'';
(B) the Department of State found that
incremental life-cycle greenhouse gas emissions
associated with the Keystone XL project are
estimated in the range of 0.07 to 0.83 million
metric tons of carbon dioxide equivalents, with
the upper end of this range representing twelve
one-thousandths of one percent of the 6,702
million metric tons of carbon dioxide emitted
in the United States in 2011; and
(C) after extensive evaluation of potential
impacts to land and water resources along the
Keystone XL pipeline's 875 mile proposed route,
the Department of State found that ``The
analyses of potential impacts associated with
construction and normal operation of the
proposed Project suggest that there would be no
significant impacts to most resources along the
proposed Project route (assuming Keystone
complies with all laws and required conditions
and measures).''.''.
Page 2, line 21, strike ``of doing so.'' and insert ``of
doing so, and--
(A) transportation of oil via pipeline has a
record of unmatched safety and environmental
protection, and the Department of State found
that ``Spills associated with the proposed
Project that enter the environment expected to
be rare and relatively small'', and that
``there is no evidence of increased corrosion
or other pipeline threat due to viscosity'' of
diluted bitumen oil that will be transported by
the Keystone XL pipeline; and
(B) plans to incorporate 57 project-specific
special conditions related to the design,
construction, and operations of the Keystone XL
pipeline led the Department of State to find
that the pipeline will have ``a degree of
safety over any other typically constructed
domestic oil pipeline''.''.
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2. An Amendment To Be Offered by Representative Waxman of California or
His Designee, Debatable for 10 Minutes
Page 3, after line 2, insert the following new paragraph:
(8) The Draft Supplemental Environmental Impact
Statement for the Keystone XL Project issued by the
Department of State on March 1, 2013, finds that ``the
reliance on oil sands crudes for transportation fuels
would likely result in an increase in incremental
greenhouse gas emissions'' in comparison to the
greenhouse gas emissions from the crude oils used in
the United States, as measured over the full life-cycle
of the fuels. The Draft Supplemental Environmental
Impact Statement finds that based on the quantity of
tar sands crude to be transported by the Keystone XL
pipeline, there could be up to 20.8 million metric tons
of carbon dioxide-equivalent emissions additional per
year, which is equivalent to the annual emissions from
4,312,500 passenger vehicles.
At the end of the bill, add the following new section:
SEC. 9. OFFSETTING CLIMATE CHANGE IMPACTS.
This Act shall not become effective unless the President
finds that the additional greenhouse gas emissions from the
increased use of tar sands crude referenced in section 2(8)
will be fully offset by TransCanada or tar sands producers
through an equal quantity of additional greenhouse gas
emissions reductions each year.
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3. An Amendment To Be Offered by Representative Johnson of Georgia or
His Designee, Debatable for 10 Minutes
Page 3, line 4, insert ``(a) In General.--'' before
``Notwithstanding Executive''.
Page 3, after line 21, insert the following new subsection:
(f) Required Study.--Notwithstanding subsection (a), 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.
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4. An Amendment To Be Offered by Representative Connolly of Virginia or
His Designee, Debatable for 10 Minutes
Page 3, line 4, insert ``(a) In General.--'' before
``Notwithstanding Executive Order''.
Page 3, after line 21, insert the following new subsection:
(b) Threat Assessment.--Subsection (a) shall not apply until
the Pipeline and Hazardous Materials Safety Administration, in
consultation with the Department of Homeland Security, conducts
a study of the vulnerabilities of the pipeline to terrorist
attack and certifies that the necessary protections have been
put in place so that the pipeline would withstand such an
attack and a spill resulting from such an attack.
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5. An Amendment To Be Offered by Representative Rahall of West Virginia
or His Designee, Debatable for 10 Minutes
Strike section 3 of the committee print (and redesignate
subsequent sections accordingly).
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6. An Amendment To Be Offered by Representative Esty of Connecticut or
Her Designee, Debatable for 10 Minutes
Page 4, line 6, strike ``or maintenance''.
Page 5, line 23, strike ``or operation and maintenance''.
Page 6, beginning on line 18, strike ``, operation, and
maintenance''.
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7. An Amendment To Be Offered by Representative Jackson Lee of Texas or
Her Designee, Debatable for 10 Minutes
Page 4, line 21, strike ``60 days'' and insert ``1 year''.
----------
8. An Amendment To Be Offered by Representative Chu of California or
Her Designee, Debatable for 10 Minutes
Page 7, after line 23, insert the following:
SEC. 9. POTENTIAL IMPACTS OF PIPELINE SPILL.
(a) Study.-- The Comptroller General of the United States
shall conduct a study of the Keystone XL pipeline project to
determine--
(1) the total projected costs of cleanup activities
that would be required in the event of a discharge of
oil and hazardous substances from the project; and
(2) the potential impacts of such a discharge on--
(A) public health;
(B) the environment; and
(C) the quantity and quality of water
available for agricultural and municipal
purposes.
(b) Report.--The Comptroller General shall submit to Congress
a report containing the findings of the study required under
subsection (a).
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9. An Amendment To Be Offered by Representative Cohen of Tennessee or
His Designee, Debatable for 10 Minutes
Page 7, after line 23, insert the following:
SEC. 9. OIL SPILL RESPONSE PLAN DISCLOSURE.
(a) In General.--Any pipeline owner or operator required
under Federal law to develop an oil spill response plan for the
Keystone XL pipeline shall make such plan available to the
Governor of each State in which such pipeline operates to
assist with emergency response preparedness.
(b) Updates.--A pipeline owner or operator required to make
available to a Governor a plan under subsection (a) shall make
available to such Governor any update of such plan not later
than 7 days after the date on which such update is made.
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10. An Amendment To Be Offered by Representative Holt of New Jersey or
His Designee, Debatable for 10 Minutes
Add at the end the following new section:
SEC. 9. ENERGY SECURITY.
This Act shall not take effect until the President determines
that any crude oil and bitumen transported by the Keystone XL
pipeline, and all refined petroleum products whose origin was
via importation of crude oil or bitumen by the Keystone XL
pipeline, will be entered into domestic commerce for use as a
fuel, or for the manufacture of another product, in the United
States, except in the following situations:
(1) Where the President determines that providing an
exception is in the national interest.
(2) Where providing an exception is necessary under
the Constitution, a law, or an international agreement.