S.Amdt. 1813Senate112th Congress (2011-2013)

S.Amdt. 1813

What it does: Adds SEC. __. KEYSTONE XL PIPELINE at the end of subtitle E of title I of division A
Sponsored by Ron WydenSen. Ron Wyden (D-OR)
Submitted March 7, 2012

What it changes

1 change to S. 1813

Adds a section
  1. Adds SEC. __. KEYSTONE XL PIPELINE at the end of subtitle E of title I of division A

    Adds a section

    Inserted: SEC. __. KEYSTONE XL PIPELINE.

    Inserted: (a) Administration.--

    Inserted: (1) In general.--Except as otherwise specifically provided in this section, nothing in this section affects any applicable Federal requirements in connection with the Keystone XL pipeline (including facilities for the import of crude oil and other hydrocarbons at the United States-Canada Border at Phillips County, Montana).

    Inserted: (2) Expeditious analyses and permit decisions.--In evaluating any new permit applications that may be submitted related to the Keystone XL pipeline and facilities described in paragraph (1) or in carrying out the activities described in this section, the President or a designee of the President shall--

    Inserted: (A) act as expeditiously as practicable and, to the maximum extent practicable and consistent with current law, use existing analyses relating to those pipeline and facilities, including the environmental impact statement issued by the Department of State regarding the Keystone XL pipeline on August 26, 2011; and

    Inserted: (B) issue a decision on any permit application not later than 90 days after the date on which all analyses and other actions required by current law and applicable Executive Orders are completed.

    Inserted: (b) Prohibition on Exports.--

    Inserted: (1) In general.--Subject to paragraph (2), no crude oil transported by the Keystone XL pipeline or facilities described in subsection (a)(1), or petroleum products derived from the crude oil, may be exported from the United States.

    Inserted: (2) Waivers.--The President may grant a waiver from the application of paragraph (1) if the President--

    Inserted: (A) determines that the waiver is necessary as the result of--

    Inserted: (i) national security; or

    Inserted: (ii) a natural or manmade disaster; or

    Show 11 more inserted paragraphs

    Inserted: (B) makes an express finding that the exports described in paragraph (1)--

    Inserted: (i) will not diminish the total quantity or quality of petroleum available in the United States; and

    Inserted: (ii) are in the national interest of the United States.

    Inserted: (c) Use of United States Iron, Steel, and Manufactured Goods.--

    Inserted: (1) In general.--Subject to paragraphs (2) through (4), the construction, connection, operation, or maintenance of the Keystone XL pipeline and facilities described in subsection (a)(1) shall not be permitted unless all of the iron, steel, and manufactured goods used for the pipeline and facilities are produced in the United States.

    Inserted: (2) Nonapplication.--Paragraph (1) shall not apply if the President or a delegate finds that--

    Inserted: (A) applying paragraph (1) would be inconsistent with the public interest;

    Inserted: (B) iron, steel, and the applicable manufactured goods are not produced in the United States in sufficient and reasonably available quantities with a satisfactory quality; or

    Inserted: (C) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall pipeline and facilities by more than 25 percent.

    Inserted: (3) Rationale.--If the President or a delegate determines that it is necessary to waive the application of paragraph (1) based on a finding under paragraph (2), the President or delegate shall publish in the Federal Register a detailed written justification for the waiver.

    Inserted: (4) International agreements.--This subsection shall be applied in a manner consistent with United States obligations under international agreements.

    Original wording

    At the end of subtitle E of title I of division A, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1813. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title I of division A, add the following:

SEC. __. KEYSTONE XL PIPELINE.

(a) Administration.--

(1) In general.--Except as otherwise specifically provided in this section, nothing in this section affects any applicable Federal requirements in connection with the Keystone XL pipeline (including facilities for the import of crude oil and other hydrocarbons at the United States-Canada Border at Phillips County, Montana).

(2) Expeditious analyses and permit decisions.--In evaluating any new permit applications that may be submitted related to the Keystone XL pipeline and facilities described in paragraph (1) or in carrying out the activities described in this section, the President or a designee of the President shall--

(A) act as expeditiously as practicable and, to the maximum extent practicable and consistent with current law, use existing analyses relating to those pipeline and facilities, including the environmental impact statement issued by the Department of State regarding the Keystone XL pipeline on August 26, 2011; and

(B) issue a decision on any permit application not later than 90 days after the date on which all analyses and other actions required by current law and applicable Executive Orders are completed.

(b) Prohibition on Exports.--

(1) In general.--Subject to paragraph (2), no crude oil transported by the Keystone XL pipeline or facilities described in subsection (a)(1), or petroleum products derived from the crude oil, may be exported from the United States.

(2) Waivers.--The President may grant a waiver from the application of paragraph (1) if the President--

(A) determines that the waiver is necessary as the result of--

(i) national security; or

(ii) a natural or manmade disaster; or

(B) makes an express finding that the exports described in paragraph (1)--

(i) will not diminish the total quantity or quality of petroleum available in the United States; and

(ii) are in the national interest of the United States.

(c) Use of United States Iron, Steel, and Manufactured Goods.--

(1) In general.--Subject to paragraphs (2) through (4), the construction, connection, operation, or maintenance of the Keystone XL pipeline and facilities described in subsection (a)(1) shall not be permitted unless all of the iron, steel, and manufactured goods used for the pipeline and facilities are produced in the United States.

(2) Nonapplication.--Paragraph (1) shall not apply if the President or a delegate finds that--

(A) applying paragraph (1) would be inconsistent with the public interest;

(B) iron, steel, and the applicable manufactured goods are not produced in the United States in sufficient and reasonably available quantities with a satisfactory quality; or

(C) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall pipeline and facilities by more than 25 percent.

(3) Rationale.--If the President or a delegate determines that it is necessary to waive the application of paragraph (1) based on a finding under paragraph (2), the President or delegate shall publish in the Federal Register a detailed written justification for the waiver.

(4) International agreements.--This subsection shall be applied in a manner consistent with United States obligations under international agreements.

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Senate amendment submitted

March 7, 2012