[House Report 112-181]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-181
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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
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July 25, 2011.--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. 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
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Majority Members Vote Minority Members Vote
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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
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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.
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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).
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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.''.
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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.
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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''.
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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.
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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''.
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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.
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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.
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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.
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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.