IB
Union Calendar No. 16
118THCONGRESS
1
STSESSION 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
FEBRUARY17, 2023
Mr. A
RMSTRONGintroduced 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
M
ARCH23, 2023
Additional sponsors: Mr. B
ALDERSON, Mr. LATTA, Mr. BURGESS, Mr.
R
ESCHENTHALER, Mr. BILIRAKIS, Mr. GRIFFITH, Mr. LAMBORN, Ms.
S
TEFANIK, Mr. DUNCAN, Mr. WOMACK, Mrs. BICE, Mr. WALBERG, Mr.
J
ACKSONof Texas, Mrs. LESKO, Mr. BUCSHON, Mr. CURTIS, and Mr.
R
UTHERFORD
M
ARCH23, 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]
MARCH23, 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]
VerDate Sep 11 2014 02:41 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1058.RH H1058
kjohnson on DSK79L0C42PROD with BILLS 2
•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.
VerDate Sep 11 2014 02:41 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H1058.RH H1058
kjohnson on DSK79L0C42PROD with BILLS 3
•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) A
UTHORIZATION OF CERTAINENERGYINFRA-8
STRUCTUREPROJECTS AT ANINTERNATIONALBOUNDARY 9
OF THEUNITEDSTATES.— 10
(1) A
UTHORIZATION.—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) C
ERTIFICATE OF CROSSING.— 19
(A) R
EQUIREMENT.—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
VerDate Sep 11 2014 02:41 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H1058.RH H1058
kjohnson on DSK79L0C42PROD with BILLS 4
•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) R
ELEVANT 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) A
DDITIONAL 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
VerDate Sep 11 2014 02:41 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H1058.RH H1058
kjohnson on DSK79L0C42PROD with BILLS 5
•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) E
XCLUSIONS.—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
VerDate Sep 11 2014 02:41 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1058.RH H1058
kjohnson on DSK79L0C42PROD with BILLS 6
•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) E
FFECT OF OTHER LAWS.— 8
(A) A
PPLICATION 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) N
ATURAL 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) O
IL 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
VerDate Sep 11 2014 02:41 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H1058.RH H1058
kjohnson on DSK79L0C42PROD with BILLS 7
•HR 1058 RH
(b) IMPORTATION OREXPORTATION OFNATURALGAS 1
TOCANADA ANDMEXICO.—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) T
RANSMISSION OFELECTRICENERGY TOCANADA 9
ANDMEXICO.— 10
(1) R
EPEAL 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) C
ONFORMING AMENDMENTS .— 14
(A) S
TATE 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) S
EASONAL 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
VerDate Sep 11 2014 02:41 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H1058.RH H1058
kjohnson on DSK79L0C42PROD with BILLS 8
•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) N
OPRESIDENTIALPERMITREQUIRED.—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) M
ODIFICATIONS TOEXISTINGPROJECTS.—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
VerDate Sep 11 2014 02:41 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H1058.RH H1058
kjohnson on DSK79L0C42PROD with BILLS 9
•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) P
ROHIBITION ONREVOCATION OFPRESIDENTIAL 6
P
ERMITS.—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) E
FFECTIVEDATE; RULEMAKINGDEADLINES.— 18
(1) E
FFECTIVE 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) R
ULEMAKING DEADLINES .—Each relevant of-23
ficial or agency described in subsection (a)(2)(B) 24
shall— 25
VerDate Sep 11 2014 02:41 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H1058.RH H1058
kjohnson on DSK79L0C42PROD with BILLS 10
•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) D
EFINITIONS.—In this section: 10
(1) B
ORDER-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) M
ODIFICATION.—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) N
ATURAL 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
VerDate Sep 11 2014 02:41 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H1058.RH H1058
kjohnson on DSK79L0C42PROD with BILLS 11
•HR 1058 RH
(4) OIL.—The term ‘‘oil’’ means petroleum or a 1
petroleum product. 2
(5) E
LECTRIC 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) I
NDEPENDENT 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
VerDate Sep 11 2014 02:41 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H1058.RH H1058
kjohnson on DSK79L0C42PROD with BILLS Union Calendar No.
16
118
TH
CONGRESS
1
ST
S
ESSION
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.
M
ARCH
23, 2023
Reported from the Committee on Energy and Commerce
with an amendment
M
ARCH
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
VerDate Sep 11 2014 02:41 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6651 Sfmt 6651 E:\BILLS\H1058.RH H1058
kjohnson on DSK79L0C42PROD with BILLS