,,ii #aacth ,,congress #b;d ,session ,s4 #bcad ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #h1 #bjad ,mr4 ,walsh introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to delegate to the ,secretary of ,state the authority to approve or deny certain permits4 #a4 ,short title ,this ,act may be cited as the ,removing ,repeated ,executive ,delays to ,transboundary ,approvals of ,pipelines and ,engineering ,act4 #b4 ,findings ,congress finds that-- 7#a7 the ,american ,society of ,civil ,engineers recently assessed the infrastructure system of the ,united ,states and gave the system an overall grade of ,d2 7#b7 recent critical infrastructure decisions have become unacceptably politicized2 7#c7 permit applications for the ,keystone ,,xl ,pipeline have been under review for over #ea_/b years2 and 7#d7 ,congress can alleviate political interference in critical infrastructure decisions by-- 7,a7 directly delegating to the ,secretary of ,state the authority to expedite review of permits necessary to accelerate the completion of energy production and transmission projects2 and 7,b7 providing a systematic method for evaluating and permitting the constructing and maintenance of certain other border crossings for land transportation 7including motor and rail vehicles7 and other facilities4 #c4 ,definition of ,secretary ,in this ,act1 the term ,secretary means the ,secretary of ,state4 #d4 ,constitutional authority ,in accordance with clause #c of section #h of article ,i of the ,constitution 7delegating to ,congress the power to regulate commerce with foreign nations71 ,congress has the power to regulate the approval of infrastructure connecting the ,united ,states with a foreign country4 #e4 ,delegation of authority to the ,department of ,state 7a7 ,in general ,the ,secretary is designated and empowered to receive all applications for permits for the construction1 connection1 operation1 or maintenance1 at the borders of the ,united ,states 7other than applications received by the ,secretary of ,energy under laws in existence on the date of enactment of this ,act71 of-- 7#a7 facilities for the exportation or importation of petroleum1 petroleum products1 coal1 or other fuels to or from a foreign country2 7#b7 pipelines1 conveyor belts1 and similar facilities for the exportation or importation of products 7other than the products described in paragraph 7#a77 to or from a foreign country2 7#c7 facilities for the exportation or importation of water or sewage to or from a foreign country2 7#d7 facilities for the transportation of persons1 things1 or both persons and things to or from a foreign country2 7#e7 bridges1 to the extent that congressional authorization is not otherwise required under law2 7#f7 facilities similar to the facilities otherwise described in this subsection that are located above or below ground2 and 7#g7 border crossings for land transportation1 including motor and rail vehicles1 to or from a foreign country1 whether or not in conjunction with the facilities described in paragraph 7#d74 7b7 ,requests for information 7#a7 ,in general ,on receipt of a completed application under subsection 7a71 the ,secretary shall-- 7,a7 7i7 request any additional information needed from the applicant1 as appropriate2 and 7ii7 refer the application to other agencies pursuant to paragraph 7#b72 7,b7 refer the application and pertinent information to1 and request the views of-- 7i7 the ,secretary of ,defense1 the ,attorney ,general1 the ,secretary of the ,interior1 the ,secretary of ,commerce1 the ,secretary of ,transportation1 the ,secretary of ,energy1 the ,secretary of ,homeland ,security1 the ,administrator of the ,environmental ,protection ,agency 7or the heads of successor agencies72 and 7ii7 for applications concerning the border with ,mexico1 the ,united ,states ,commissioner of the ,international ,boundary and ,water ,commission2 and 7,c7 refer the application and pertinent information to1 and request the views of1 such other ,federal department and agency heads as the ,secretary determines appropriate4 7#b7 ,additional consultations ,the ,secretary-- 7,a7 may consult with ,state1 tribal1 and local government officials and foreign governments1 as the ,secretary determines appropriate1 with respect to an application under subsection 7a72 and 7,b7 shall request responses in a timely manner1 not to exceed #ij days from the date of the request4 7#c7 ,further consideration ,on receiving the views and assistance requested under paragraphs 7#a7 and 7#b71 the ,secretary shall consider1 in light of any statutory or other requirements or other considerations1 whether additional information is necessary to evaluate the application and1 as appropriate1 request the additional information from the applicant4 7#d7 ,public comment ,the ,secretary may provide for-- 7,a7 the publication in the ,federal ,register of notice of receipt of applications2 7,b7 the receipt of public comments on applications2 and 7,c7 notices related to the issuance or denial of applications4 7c7 ,compliance 7#a7 ,in general ,subject to paragraph 7#b71 a ,federal agency consulted by the ,secretary under subsection 7b77#a7 shall comply with the request of the ,secretary 7consistent with the authority of the ,federal agency7 as soon as practicable but not later than #ij days after the date on which the request is submitted4 7#b7 ,timing ,if a ,federal agency consulted by the ,secretary under subsection 7b77#a7 requests from the ,secretary additional information that is necessary to carry out the request1 the compliance deadline under paragraph 7#a7 shall not begin until the date on which the additional information is received4 7d7 ,national interest determination 7#a7 ,in general ,after consideration of the views1 assistance1 and public comment received under subsection 7b71 if the ,secretary finds that issuance of a permit to the applicant would serve the national interest1 the ,secretary shall-- 7,a7 prepare a permit1 in such form and with such terms and conditions as the national interest requires1 as determined by the ,secretary2 and 7,b7 notify the officials required to be consulted under subsection 7b77#a77;,b7 of the proposed determination that a permit be issued4 7#b7 ,proposed denial ,after consideration of the views1 assistance1 and public comment received under subsection 7b71 if the ,secretary finds that issuance of a permit to the applicant would not serve the national interest1 the ,secretary shall notify the officials required to be consulted under subsection 7b77#a77;,b7 of the proposed determination that the application be denied4 7e7 ,issuance or denial ,the ,secretary shall issue or deny the permit in accordance with the proposed determination under subsection 7d74 7f7 ,regulations ,the ,secretary may promulgate such rules and regulations and prescribe such procedures 7including rules1 regulations1 and procedures relating to the ,international ,boundary and ,water ,commission7 as the ,secretary determines necessary to carry out this section4 7g7 ,pending applications ,except as provided in section #f1 this section shall apply only to applications for permits filed on or after the date of enactment of this ,act4 7h7 ,effect ,except as explicitly provided in this ,act1 nothing in this section limits the application of1 or obligation to comply with1 the requirements of any other ,federal department or agency4 7i7 ,final rule ,the decision made by the ,secretary under subsection 7e7 shall be deemed to be a rule for purposes of chapter #h of title #e1 ,united ,states ,code 7commonly known as the ,congressional ,review ,act74 #f4 ,keystone ,,xl pipeline approval 7a7 ,in general ,trans,canada ,keystone ,pipeline1 ,l4,p4 may construct1 connect1 operate1 and maintain the pipeline and cross-border facilities described in the application filed on ,may #d1 #bjab1 by ,trans,canada ,corporation to the ,department of ,state 7including any subsequent revision to the pipeline route within the ,state of ,nebraska required or authorized by the ,state of ,nebraska74 7b7 ,environmental impact statement ,the ,final ,supplemental ,environmental ,impact ,statement issued by the ,secretary of ,state in ,january #bjad1 regarding the pipeline referred to in subsection 7a71 and the environmental analysis1 consultation1 and review described in that document 7including appendices7 shall be considered to fully satisfy-- 7#a7 all requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7#b7 any other provision of law that requires ,federal agency consultation or review 7including the consultation or review required under section #g7;a7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7;a777 with respect to the pipeline and facilities referred to in subsection 7a74 7c7 ,permits ,any ,federal permit or authorization issued before the date of enactment of this ,act for the pipeline and cross-border facilities referred to in subsection 7a7 shall remain in effect4 7d7 ,federal judicial review ,any legal challenge to a ,federal agency action regarding the pipeline and cross-border facilities described in subsection 7a71 and the related facilities in the ,united ,states1 that are approved by this ,act1 and any permit1 right-of-way1 or other action taken to construct or complete the project pursuant to ,federal law1 shall only be subject to judicial review on direct appeal to the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 7e7 ,private property savings clause ,nothing in this ,act alters any ,federal1 ,state1 or local process or condition in effect on the date of enactment of this ,act that is necessary to secure access from an owner of private property to construct the pipeline and cross-border facilities described in subsection 7a74 #g4 ,review of certain ,executive orders ,the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a review of any ,executive order issued by the ,president that is not based on the exclusive constitutional authority of the ,president2 and 7#b7 not later than #ahj days after the date of enactment of this ,act1 submit to ,congress a report on the results of the review4