What This Bill Does
This bill creates a new process for approving pipelines and electric transmission lines that cross the U.S. border with Canada or Mexico. Companies must get a certificate of crossing from the Federal Energy Regulatory Commission or the Secretary of Energy instead of seeking a Presidential permit.
##
Who It Affects
- Companies that build, own or operate oil pipelines crossing U.S. borders
- Companies that build, own or operate natural gas pipelines crossing U.S. borders
- Companies that build, own or operate electric transmission lines crossing U.S. borders
- The Federal Energy Regulatory Commission
- The Secretary of Energy
- Regional electricity reliability organizations
##
Key Provisions
- No person can build, connect, operate or maintain a border-crossing pipeline or transmission line without obtaining a certificate of crossing from the appropriate federal official (Sec. 2(a)(1))
- The Federal Energy Regulatory Commission or Secretary of Energy must issue a certificate of crossing within 120 days after environmental review is complete, unless they find the project is not in the public interest (Sec. 2(a)(2)(A))
- The Secretary of Energy must require that electric transmission facilities follow reliability standards set by electricity reliability organizations and regional operators as a condition of approval (Sec. 2(a)(2)(C))
- Applications to import or export natural gas from Canada or Mexico must be approved within 30 days of receiving a complete application (Sec. 2(b))
- No Presidential permit is required for building or operating oil or natural gas pipelines or electric transmission facilities at the border (Sec. 2(d))
- Modifications to existing pipelines or transmission lines do not require a new certificate of crossing or Presidential permit (Sec. 2(e))
##
What Changes
If this bill becomes law, companies will no longer need Presidential permits to build energy infrastructure at U.S. borders. Instead, they will obtain certificates of crossing from energy regulators with a 120-day decision timeline. The President loses the power to revoke existing Presidential permits for border energy projects unless Congress approves the revocation. Natural gas imports and exports to Canada and Mexico get expedited approval within 30 days.
##
Important Definitions
- **Border-crossing facility**: The portion of a pipeline or electric transmission line located at a U.S. international boundary (Sec. 2(h)(1))
- **Modification**: A reversal of flow direction, change in ownership, change in flow volume, addition or removal of an interconnection, or an adjustment to maintain flow such as reducing or increasing pump or compressor stations (Sec. 2(h)(2))
- **Oil**: Petroleum or a petroleum product (Sec. 2(h)(4))
- **Natural gas**: As defined in the Natural Gas Act (Sec. 2(h)(3))
##
Effective Date
The provisions of this bill take effect one year after the bill becomes law (Sec. 2(g)(1)).
IB
Union Calendar No. 16
118TH CONGRESS
1ST SESSION H. R. 1058
[Report No. 118–24, Part I]
To establish a more uniform, transparent, and modern process to authorize
the construction, connection, operation, and maintenance of international
border-crossing facilities for the import and export of oil and natural
gas and the transmission of electricity.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 17, 2023
Mr. ARMSTRONG introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on
Transportation and Infrastructure, and Natural Resources, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
MARCH 23, 2023
Additional sponsors: Mr. BALDERSON, Mr. LATTA, Mr. BURGESS, Mr.
RESCHENTHALER, Mr. BILIRAKIS, Mr. GRIFFITH, Mr. LAMBORN, Ms.
STEFANIK, Mr. DUNCAN, Mr. WOMACK, Mrs. BICE, Mr. WALBERG, Mr.
JACKSON of Texas, Mrs. LESKO, Mr. BUCSHON, Mr. CURTIS, and Mr.
RUTHERFORD
MARCH 23, 2023
Reported from the Committee on Energy and Commerce with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
MARCH 23, 2023
Committees on Transportation and Infrastructure and Natural Resources dis-
charged; committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on February 17, 2023]
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•HR 1058 RH
A BILL
To establish a more uniform, transparent, and modern proc-
ess to authorize the construction, connection, operation,
and maintenance of international border-crossing facili-
ties for the import and export of oil and natural gas
and the transmission of electricity.
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•HR 1058 RH
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Promoting Cross-border
4
Energy Infrastructure Act’’.
5
SEC. 2. STRENGTHENING NORTH AMERICAN ENERGY SECU-
6
RITY.
7
(a) AUTHORIZATION
OF CERTAIN ENERGY INFRA-
8
STRUCTURE PROJECTS AT AN INTERNATIONAL BOUNDARY
9
OF THE UNITED STATES.—
10
(1) AUTHORIZATION.—Except as provided in
11
paragraph (3) and subsection (e), no person may con-
12
struct, connect, operate, or maintain a border-crossing
13
facility for the import or export of oil or natural gas,
14
or the transmission of electricity, across an inter-
15
national border of the United States without obtain-
16
ing a certificate of crossing for the border-crossing fa-
17
cility under this subsection.
18
(2) CERTIFICATE OF CROSSING.—
19
(A) REQUIREMENT.—Not later than 120
20
days after final action is taken, by the relevant
21
official or agency identified under subparagraph
22
(B), under the National Environmental Policy
23
Act of 1969 (42 U.S.C. 4321 et seq.) with respect
24
to a border-crossing facility for which a person
25
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•HR 1058 RH
requests a certificate of crossing under this sub-
1
section, the relevant official or agency, in con-
2
sultation with appropriate Federal agencies,
3
shall issue a certificate of crossing for the border-
4
crossing facility unless the relevant official or
5
agency finds that the construction, connection,
6
operation, or maintenance of the border-crossing
7
facility is not in the public interest of the United
8
States.
9
(B) RELEVANT OFFICIAL OR AGENCY.—The
10
relevant official or agency referred to in sub-
11
paragraph (A) is—
12
(i) the Federal Energy Regulatory
13
Commission with respect to border-crossing
14
facilities consisting of oil or natural gas
15
pipelines; and
16
(ii) the Secretary of Energy with re-
17
spect to border-crossing facilities consisting
18
of electric transmission facilities.
19
(C) ADDITIONAL REQUIREMENT FOR ELEC-
20
TRIC TRANSMISSION FACILITIES.—In the case of
21
a request for a certificate of crossing for a bor-
22
der-crossing facility consisting of an electric
23
transmission facility, the Secretary of Energy
24
shall require, as a condition of issuing the cer-
25
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•HR 1058 RH
tificate of crossing under subparagraph (A), that
1
the border-crossing facility be constructed, con-
2
nected, operated, or maintained consistent with
3
all applicable policies and standards of—
4
(i) the Electric Reliability Organiza-
5
tion and the applicable regional entity; and
6
(ii) any Regional Transmission Orga-
7
nization or Independent System Operator
8
with operational or functional control over
9
the border-crossing facility.
10
(3) EXCLUSIONS.—This subsection shall not
11
apply to any construction, connection, operation, or
12
maintenance of a border-crossing facility for the im-
13
port or export of oil or natural gas, or the trans-
14
mission of electricity—
15
(A) if the border-crossing facility is oper-
16
ating for such import, export, or transmission as
17
of the date of enactment of this Act;
18
(B) if a Presidential permit (or similar
19
permit) for the construction, connection, oper-
20
ation, or maintenance has been issued pursuant
21
to any provision of law or Executive order; or
22
(C) if an application for a Presidential per-
23
mit (or similar permit) for the construction, con-
24
nection, operation, or maintenance is pending on
25
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•HR 1058 RH
the date of enactment of this Act, until the ear-
1
lier of—
2
(i) the date on which such application
3
is denied; or
4
(ii) two years after the date of enact-
5
ment of this Act, if such a permit has not
6
been issued by such date of enactment.
7
(4) EFFECT OF OTHER LAWS.—
8
(A) APPLICATION
TO
PROJECTS.—Nothing
9
in this subsection or subsection (e) shall affect
10
the application of any other Federal statute to a
11
project for which a certificate of crossing for a
12
border-crossing facility is requested under this
13
subsection.
14
(B) NATURAL GAS ACT.—Nothing in this
15
subsection or subsection (e) shall affect the re-
16
quirement to obtain approval or authorization
17
under sections 3 and 7 of the Natural Gas Act
18
for the siting, construction, or operation of any
19
facility to import or export natural gas.
20
(C) OIL PIPELINES.—Nothing in this sub-
21
section or subsection (e) shall affect the authority
22
of the Federal Energy Regulatory Commission
23
with respect to oil pipelines under section 60502
24
of title 49, United States Code.
25
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•HR 1058 RH
(b) IMPORTATION OR EXPORTATION OF NATURAL GAS
1
TO CANADA AND MEXICO.—Section 3(c) of the Natural Gas
2
Act (15 U.S.C. 717b(c)) is amended by adding at the end
3
the following: ‘‘In the case of an application for the impor-
4
tation of natural gas from, or the exportation of natural
5
gas to, Canada or Mexico, the Commission shall grant the
6
application not later than 30 days after the date on which
7
the Commission receives the complete application.’’.
8
(c) TRANSMISSION OF ELECTRIC ENERGY TO CANADA
9
AND MEXICO.—
10
(1) REPEAL
OF
REQUIREMENT
TO
SECURE
11
ORDER.—Section 202(e) of the Federal Power Act (16
12
U.S.C. 824a(e)) is repealed.
13
(2) CONFORMING AMENDMENTS.—
14
(A) STATE
REGULATIONS.—Section 202(f)
15
of the Federal Power Act (16 U.S.C. 824a(f)) is
16
amended by striking ‘‘insofar as such State regu-
17
lation does not conflict with the exercise of the
18
Commission’s powers under or relating to sub-
19
section 202(e)’’.
20
(B) SEASONAL DIVERSITY ELECTRICITY EX-
21
CHANGE.—Section 602(b) of the Public Utility
22
Regulatory Policies Act of 1978 (16 U.S.C.
23
824a–4(b)) is amended by striking ‘‘the Commis-
24
sion has conducted hearings and made the find-
25
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•HR 1058 RH
ings required under section 202(e) of the Federal
1
Power Act’’ and all that follows through the pe-
2
riod at the end and inserting ‘‘the Secretary has
3
conducted hearings and finds that the proposed
4
transmission facilities would not impair the suf-
5
ficiency of electric supply within the United
6
States or would not impede or tend to impede
7
the coordination in the public interest of facili-
8
ties subject to the jurisdiction of the Secretary.’’.
9
(d) NO PRESIDENTIAL PERMIT REQUIRED.—No Presi-
10
dential permit (or similar permit) shall be required pursu-
11
ant to any provision of law or Executive order for the con-
12
struction, connection, operation, or maintenance of an oil
13
or natural gas pipeline or electric transmission facility, or
14
any border-crossing facility thereof.
15
(e) MODIFICATIONS TO EXISTING PROJECTS.—No cer-
16
tificate of crossing under subsection (a), or Presidential per-
17
mit (or similar permit), shall be required for a modification
18
to—
19
(1) an oil or natural gas pipeline or electric
20
transmission facility that is operating for the import
21
or export of oil or natural gas or the transmission of
22
electricity as of the date of enactment of this Act;
23
(2) an oil or natural gas pipeline or electric
24
transmission facility for which a Presidential permit
25
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•HR 1058 RH
(or similar permit) has been issued pursuant to any
1
provision of law or Executive order; or
2
(3) a border-crossing facility for which a certifi-
3
cate of crossing has previously been issued under sub-
4
section (a).
5
(f) PROHIBITION ON REVOCATION OF PRESIDENTIAL
6
PERMITS.—Notwithstanding any other provision of law,
7
the President may not revoke a Presidential permit (or
8
similar permit) issued pursuant to Executive Order No.
9
13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3
10
U.S.C. 301 note), Executive Order No. 12038 (43 Fed. Reg.
11
4957), Executive Order No. 10485 (18 Fed. Reg. 5397), or
12
any other Executive order for the construction, connection,
13
operation, or maintenance of an oil or natural gas pipeline
14
or electric transmission facility, or any border-crossing fa-
15
cility thereof, unless such revocation is authorized by an
16
Act of Congress.
17
(g) EFFECTIVE DATE; RULEMAKING DEADLINES.—
18
(1) EFFECTIVE DATE.—Subsections (a) through
19
(e), and the amendments made by such subsections,
20
shall take effect on the date that is 1 year after the
21
date of enactment of this Act.
22
(2) RULEMAKING DEADLINES.—Each relevant of-
23
ficial or agency described in subsection (a)(2)(B)
24
shall—
25
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•HR 1058 RH
(A) not later than 180 days after the date
1
of enactment of this Act, publish in the Federal
2
Register notice of a proposed rulemaking to
3
carry out the applicable requirements of sub-
4
section (a); and
5
(B) not later than 1 year after the date of
6
enactment of this Act, publish in the Federal
7
Register a final rule to carry out the applicable
8
requirements of subsection (a).
9
(h) DEFINITIONS.—In this section:
10
(1) BORDER-CROSSING
FACILITY.—The term
11
‘‘border-crossing facility’’ means the portion of an oil
12
or natural gas pipeline or electric transmission facil-
13
ity that is located at an international boundary of
14
the United States.
15
(2) MODIFICATION.—The term ‘‘modification’’
16
includes a reversal of flow direction, change in owner-
17
ship, change in flow volume, addition or removal of
18
an interconnection, or an adjustment to maintain
19
flow (such as a reduction or increase in the number
20
of pump or compressor stations).
21
(3) NATURAL GAS.—The term ‘‘natural gas’’ has
22
the meaning given that term in section 2 of the Nat-
23
ural Gas Act (15 U.S.C. 717a).
24
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•HR 1058 RH
(4) OIL.—The term ‘‘oil’’ means petroleum or a
1
petroleum product.
2
(5) ELECTRIC RELIABILITY ORGANIZATION; RE-
3
GIONAL ENTITY.—The terms ‘‘Electric Reliability Or-
4
ganization’’ and ‘‘regional entity’’ have the meanings
5
given those terms in section 215 of the Federal Power
6
Act (16 U.S.C. 824o).
7
(6) INDEPENDENT SYSTEM OPERATOR; REGIONAL
8
TRANSMISSION
ORGANIZATION.—The terms ‘‘Inde-
9
pendent System Operator’’ and ‘‘Regional Trans-
10
mission Organization’’ have the meanings given those
11
terms in section 3 of the Federal Power Act (16
12
U.S.C. 796).
13
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Union Calendar No. 16
118TH CONGRESS
1ST SESSION
H. R. 1058
[Report No. 118–24, Part I]
A BILL
To establish a more uniform, transparent, and
modern process to authorize the construction,
connection, operation, and maintenance of inter-
national border-crossing facilities for the import
and export of oil and natural gas and the trans-
mission of electricity.
MARCH 23, 2023
Reported from the Committee on Energy and Commerce
with an amendment
MARCH 23, 2023
Committees on Transportation and Infrastructure and
Natural Resources discharged; committed to the Com-
mittee of the Whole House on the State of the Union
and ordered to be printed
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