Promoting Cross-border Energy Infrastructure Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3062 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 3062

    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

                             April 29, 2025

Ms. Fedorchak introduced the following bill; which was referred to the
Committee 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
consideration of such provisions as fall within the jurisdiction of the
                          committee concerned

_______________________________________________________________________

                                 A BILL

    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.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Cross-border Energy
Infrastructure Act''.

SEC. 2. STRENGTHENING NORTH AMERICAN ENERGY SECURITY.

    (a) Authorization of Certain Energy Infrastructure Projects at an
International Boundary of the United States.--
            (1) Authorization.--Except as provided in paragraph (3) and
        subsection (e), no person may construct, connect, operate, or
        maintain a border-crossing facility for the import or export of
        oil or natural gas, or the transmission of electricity, across
        an international border of the United States without obtaining
        a certificate of crossing for the border-crossing facility
        under this subsection.
            (2) Certificate of crossing.--
                    (A) Requirement.--Not later than 120 days after
                final action is taken, by the relevant official or
                agency identified under subparagraph (B), under the
                National Environmental Policy Act of 1969 (42 U.S.C.
                4321 et seq.) with respect to a border-crossing
                facility for which a person requests a certificate of
                crossing under this subsection, the relevant official
                or agency, in consultation with appropriate Federal
                agencies, shall issue a certificate of crossing for the
                border-crossing facility unless the relevant official
                or agency finds that the construction, connection,
                operation, or maintenance of the border-crossing
                facility is not in the public interest of the United
                States.
                    (B) Relevant official or agency.--The relevant
                official or agency referred to in subparagraph (A) is--
                            (i) the Federal Energy Regulatory
                        Commission with respect to border-crossing
                        facilities consisting of oil or natural gas
                        pipelines; and
                            (ii) the Secretary of Energy with respect
                        to border-crossing facilities consisting of
                        electric transmission facilities.
                    (C) Additional requirement for electric
                transmission facilities.--In the case of a request for
                a certificate of crossing for a border-crossing
                facility consisting of an electric transmission
                facility, the Secretary of Energy shall require, as a
                condition of issuing the certificate of crossing under
                subparagraph (A), that the border-crossing facility be
                constructed, connected, operated, or maintained
                consistent with all applicable policies and standards
                of--
                            (i) the Electric Reliability Organization
                        and the applicable regional entity; and
                            (ii) any Regional Transmission Organization
                        or Independent System Operator with operational
                        or functional control over the border-crossing
                        facility.
            (3) Exclusions.--This subsection shall not apply to any
        construction, connection, operation, or maintenance of a
        border-crossing facility for the import or export of oil or
        natural gas, or the transmission of electricity--
                    (A) if the border-crossing facility is operating
                for such import, export, or transmission as of the date
                of enactment of this Act;
                    (B) if a Presidential permit (or similar permit)
                for the construction, connection, operation, or
                maintenance has been issued pursuant to any provision
                of law or Executive order; or
                    (C) if an application for a Presidential permit (or
                similar permit) for the construction, connection,
                operation, or maintenance is pending on the date of
                enactment of this Act, until the earlier of--
                            (i) the date on which such application is
                        denied; or
                            (ii) two years after the date of enactment
                        of this Act, if such a permit has not been
                        issued by such date of enactment.
            (4) Effect of other laws.--
                    (A) Application to projects.--Nothing in this
                subsection or subsection (e) shall affect the
                application of any other Federal statute to a project
                for which a certificate of crossing for a border-
                crossing facility is requested under this subsection.
                    (B) Natural gas act.--Nothing in this subsection or
                subsection (e) shall affect the requirement to obtain
                approval or authorization under sections 3 and 7 of the
                Natural Gas Act for the siting, construction, or
                operation of any facility to import or export natural
                gas.
                    (C) Oil pipelines.--Nothing in this subsection or
                subsection (e) shall affect the authority of the
                Federal Energy Regulatory Commission with respect to
                oil pipelines under section 60502 of title 49, United
                States Code.
    (b) Importation or Exportation of Natural Gas to Canada and
Mexico.--Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is
amended by adding at the end the following: ``In the case of an
application for the importation of natural gas from, or the exportation
of natural gas to, Canada or Mexico, the Commission shall grant the
application not later than 30 days after the date on which the
Commission receives the complete application.''.
    (c) Transmission of Electric Energy to Canada and Mexico.--
            (1) Repeal of requirement to secure order.--Section 202(e)
        of the Federal Power Act (16 U.S.C. 824a(e)) is repealed.
            (2) Conforming amendments.--
                    (A) State regulations.--Section 202(f) of the
                Federal Power Act (16 U.S.C. 824a(f)) is amended by
                striking ``insofar as such State regulation does not
                conflict with the exercise of the Commission's powers
                under or relating to subsection 202(e)''.
                    (B) Seasonal diversity electricity exchange.--
                Section 602(b) of the Public Utility Regulatory
                Policies Act of 1978 (16 U.S.C. 824a-4(b)) is amended
                by striking ``the Commission has conducted hearings and
                made the findings required under section 202(e) of the
                Federal Power Act'' and all that follows through the
                period at the end and inserting ``the Secretary has
                conducted hearings and finds that the proposed
                transmission facilities would not impair the
                sufficiency of electric supply within the United States
                or would not impede or tend to impede the coordination
                in the public interest of facilities subject to the
                jurisdiction of the Secretary.''.
    (d) No Presidential Permit Required.--No Presidential permit (or
similar permit) shall be required pursuant to any provision of law or
Executive order for the construction, connection, operation, or
maintenance of an oil or natural gas pipeline or electric transmission
facility, or any border-crossing facility thereof.
    (e) Modifications to Existing Projects.--No certificate of crossing
under subsection (a), or Presidential permit (or similar permit), shall
be required for a modification to--
            (1) an oil or natural gas pipeline or electric transmission
        facility that is operating for the import or export of oil or
        natural gas or the transmission of electricity as of the date
        of enactment of this Act;
            (2) an oil or natural gas pipeline or electric transmission
        facility for which a Presidential permit (or similar permit)
        has been issued pursuant to any provision of law or Executive
        order; or
            (3) a border-crossing facility for which a certificate of
        crossing has previously been issued under subsection (a).
    (f) Prohibition on Revocation of Presidential Permits.--
Notwithstanding any other provision of law, the President may not
revoke a Presidential permit (or similar permit) issued pursuant to
Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No.
11423 (3 U.S.C. 301 note), Executive Order No. 12038 (42 U.S.C. 7151
note), Executive Order No. 10485 (15 U.S.C. 717b note), or any other
Executive order for the construction, connection, operation, or
maintenance of an oil or natural gas pipeline or electric transmission
facility, or any border-crossing facility thereof, unless such
revocation is authorized by an Act of Congress.
    (g) Effective Date; Rulemaking Deadlines.--
            (1) Effective date.--Subsections (a) through (e), and the
        amendments made by such subsections, shall take effect on the
        date that is 1 year after the date of enactment of this Act.
            (2) Rulemaking deadlines.--Each relevant official or agency
        described in subsection (a)(2)(B) shall--
                    (A) not later than 180 days after the date of
                enactment of this Act, publish in the Federal Register
                notice of a proposed rulemaking to carry out the
                applicable requirements of subsection (a); and
                    (B) not later than 1 year after the date of
                enactment of this Act, publish in the Federal Register
                a final rule to carry out the applicable requirements
                of subsection (a).
    (h) Definitions.--In this section:
            (1) Border-crossing facility.--The term ``border-crossing
        facility'' means the portion of an oil or natural gas pipeline
        or electric transmission facility that is located at an
        international boundary of the United States.
            (2) Modification.--The term ``modification'' includes 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 a reduction or increase in
        the number of pump or compressor stations).
            (3) Natural gas.--The term ``natural gas'' has the meaning
        given that term in section 2 of the Natural Gas Act (15 U.S.C.
        717a).
            (4) Oil.--The term ``oil'' means petroleum or a petroleum
        product.
            (5) Electric reliability organization; regional entity.--
        The terms ``Electric Reliability Organization'' and ``regional
        entity'' have the meanings given those terms in section 215 of
        the Federal Power Act (16 U.S.C. 824o).
            (6) Independent system operator; regional transmission
        organization.--The terms ``Independent System Operator'' and
        ``Regional Transmission Organization'' have the meanings given
        those terms in section 3 of the Federal Power Act (16 U.S.C.
        796).
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