119-hr3062

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3062 Referred in Senate

    (RFS) ]

<DOC>
119th CONGRESS
 1st Session
 H. R. 3062

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 September 19 (legislative day, September 16), 2025

 Received; read twice and referred to the Committee on Energy and 
 Natural Resources

_______________________________________________________________________

 AN ACT

 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 within 1,000 
 feet of the international boundary of the United States, 
 measured from the point at which the facility crosses such 
 boundary into 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).

 Passed the House of Representatives September 18, 2025.

 Attest:

 KEVIN F. MCCUMBER,

 Clerk.