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 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 

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 discharged; 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] 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 1058 RH

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. 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 1058 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting Cross-border 

5 Energy Infrastructure Act’’. 

6 SEC. 2. STRENGTHENING NORTH AMERICAN ENERGY SECU7 RITY. 

8 (a) AUTHORIZATION OF CERTAIN ENERGY INFRA9 STRUCTURE PROJECTS AT AN INTERNATIONAL BOUNDARY

10 OF THE UNITED STATES.— 

11 (1) AUTHORIZATION.—Except as provided in 

12 paragraph (3) and subsection (e), no person may con13 struct, connect, operate, or maintain a border-crossing 

14 facility for the import or export of oil or natural gas, 

15 or the transmission of electricity, across an inter16 national border of the United States without obtain17 ing a certificate of crossing for the border-crossing fa18 cility under this subsection. 

19 (2) CERTIFICATE OF CROSSING.— 

20 (A) REQUIREMENT.—Not later than 120 

21 days after final action is taken, by the relevant 

22 official or agency identified under subparagraph 

23 (B), under the National Environmental Policy 

24 Act of 1969 (42 U.S.C. 4321 et seq.) with respect 

25 to a border-crossing facility for which a person 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 1058 RH

1 requests a certificate of crossing under this sub2 section, the relevant official or agency, in con3 sultation with appropriate Federal agencies, 

4 shall issue a certificate of crossing for the border5 crossing facility unless the relevant official or 

6 agency finds that the construction, connection, 

7 operation, or maintenance of the border-crossing 

8 facility is not in the public interest of the United 

9 States. 

10 (B) RELEVANT OFFICIAL OR AGENCY.—The 

11 relevant official or agency referred to in sub12 paragraph (A) is— 

13 (i) the Federal Energy Regulatory 

14 Commission with respect to border-crossing 

15 facilities consisting of oil or natural gas 

16 pipelines; and 

17 (ii) the Secretary of Energy with re18 spect to border-crossing facilities consisting 

19 of electric transmission facilities. 

20 (C) ADDITIONAL REQUIREMENT FOR ELEC21 TRIC TRANSMISSION FACILITIES.—In the case of 

22 a request for a certificate of crossing for a bor23 der-crossing facility consisting of an electric 

24 transmission facility, the Secretary of Energy 

25 shall require, as a condition of issuing the cerVerDate 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

1 tificate of crossing under subparagraph (A), that 

2 the border-crossing facility be constructed, con3 nected, operated, or maintained consistent with 

4 all applicable policies and standards of— 

5 (i) the Electric Reliability Organiza6 tion and the applicable regional entity; and 

7 (ii) any Regional Transmission Orga8 nization or Independent System Operator 

9 with operational or functional control over 

10 the border-crossing facility. 

11 (3) EXCLUSIONS.—This subsection shall not 

12 apply to any construction, connection, operation, or 

13 maintenance of a border-crossing facility for the im14 port or export of oil or natural gas, or the trans15 mission of electricity— 

16 (A) if the border-crossing facility is oper17 ating for such import, export, or transmission as 

18 of the date of enactment of this Act; 

19 (B) if a Presidential permit (or similar 

20 permit) for the construction, connection, oper21 ation, or maintenance has been issued pursuant 

22 to any provision of law or Executive order; or 

23 (C) if an application for a Presidential per24 mit (or similar permit) for the construction, con25 nection, operation, or maintenance is pending on 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 1058 RH

1 the date of enactment of this Act, until the ear2 lier of— 

3 (i) the date on which such application 

4 is denied; or 

5 (ii) two years after the date of enact6 ment of this Act, if such a permit has not 

7 been issued by such date of enactment. 

8 (4) EFFECT OF OTHER LAWS.— 

9 (A) APPLICATION TO PROJECTS.—Nothing 

10 in this subsection or subsection (e) shall affect 

11 the application of any other Federal statute to a 

12 project for which a certificate of crossing for a 

13 border-crossing facility is requested under this 

14 subsection. 

15 (B) NATURAL GAS ACT.—Nothing in this 

16 subsection or subsection (e) shall affect the re17 quirement to obtain approval or authorization 

18 under sections 3 and 7 of the Natural Gas Act 

19 for the siting, construction, or operation of any 

20 facility to import or export natural gas. 

21 (C) OIL PIPELINES.—Nothing in this sub22 section or subsection (e) shall affect the authority 

23 of the Federal Energy Regulatory Commission 

24 with respect to oil pipelines under section 60502 

25 of title 49, United States Code. 


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 1058 RH

1 (b) IMPORTATION OR EXPORTATION OF NATURAL GAS

2 TO CANADA AND MEXICO.—Section 3(c) of the Natural Gas 

3 Act (15 U.S.C. 717b(c)) is amended by adding at the end 

4 the following: ‘‘In the case of an application for the impor5 tation of natural gas from, or the exportation of natural 

6 gas to, Canada or Mexico, the Commission shall grant the 

7 application not later than 30 days after the date on which 

8 the Commission receives the complete application.’’. 

9 (c) TRANSMISSION OF ELECTRIC ENERGY TO CANADA

10 AND MEXICO.— 

11 (1) REPEAL OF REQUIREMENT TO SECURE

12 ORDER.—Section 202(e) of the Federal Power Act (16 

13 U.S.C. 824a(e)) is repealed. 

14 (2) CONFORMING AMENDMENTS.— 

15 (A) STATE REGULATIONS.—Section 202(f) 

16 of the Federal Power Act (16 U.S.C. 824a(f)) is 

17 amended by striking ‘‘insofar as such State regu18 lation does not conflict with the exercise of the 

19 Commission’s powers under or relating to sub20 section 202(e)’’. 

21 (B) SEASONAL DIVERSITY ELECTRICITY EX22 CHANGE.—Section 602(b) of the Public Utility 

23 Regulatory Policies Act of 1978 (16 U.S.C. 

24 824a–4(b)) is amended by striking ‘‘the Commis25 sion has conducted hearings and made the findVerDate 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

1 ings required under section 202(e) of the Federal 

2 Power Act’’ and all that follows through the pe3 riod at the end and inserting ‘‘the Secretary has 

4 conducted hearings and finds that the proposed 

5 transmission facilities would not impair the suf6 ficiency of electric supply within the United 

7 States or would not impede or tend to impede 

8 the coordination in the public interest of facili9 ties subject to the jurisdiction of the Secretary.’’. 

10 (d) NO PRESIDENTIAL PERMIT REQUIRED.—No Presi11 dential permit (or similar permit) shall be required pursu12 ant to any provision of law or Executive order for the con13 struction, connection, operation, or maintenance of an oil 

14 or natural gas pipeline or electric transmission facility, or 

15 any border-crossing facility thereof. 

16 (e) MODIFICATIONS TO EXISTING PROJECTS.—No cer17 tificate of crossing under subsection (a), or Presidential per18 mit (or similar permit), shall be required for a modification 

19 to— 

20 (1) an oil or natural gas pipeline or electric 

21 transmission facility that is operating for the import 

22 or export of oil or natural gas or the transmission of 

23 electricity as of the date of enactment of this Act; 

24 (2) an oil or natural gas pipeline or electric 

25 transmission facility for which a Presidential permit 


kjohnson on DSK79L0C42PROD with BILLS
9 

•HR 1058 RH

1 (or similar permit) has been issued pursuant to any 

2 provision of law or Executive order; or 

3 (3) a border-crossing facility for which a certifi4 cate of crossing has previously been issued under sub5 section (a). 

6 (f) PROHIBITION ON REVOCATION OF PRESIDENTIAL

7 PERMITS.—Notwithstanding any other provision of law, 

8 the President may not revoke a Presidential permit (or 

9 similar permit) issued pursuant to Executive Order No. 

10 13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3 

11 U.S.C. 301 note), Executive Order No. 12038 (43 Fed. Reg. 

12 4957), Executive Order No. 10485 (18 Fed. Reg. 5397), or 

13 any other Executive order for the construction, connection, 

14 operation, or maintenance of an oil or natural gas pipeline 

15 or electric transmission facility, or any border-crossing fa16 cility thereof, unless such revocation is authorized by an 

17 Act of Congress. 

18 (g) EFFECTIVE DATE; RULEMAKING DEADLINES.— 

19 (1) EFFECTIVE DATE.—Subsections (a) through 

20 (e), and the amendments made by such subsections, 

21 shall take effect on the date that is 1 year after the 

22 date of enactment of this Act. 

23 (2) RULEMAKING DEADLINES.—Each relevant of24 ficial or agency described in subsection (a)(2)(B) 

25 shall— 


kjohnson on DSK79L0C42PROD with BILLS
10 

•HR 1058 RH

1 (A) not later than 180 days after the date 

2 of enactment of this Act, publish in the Federal 

3 Register notice of a proposed rulemaking to 

4 carry out the applicable requirements of sub5 section (a); and 

6 (B) not later than 1 year after the date of 

7 enactment of this Act, publish in the Federal 

8 Register a final rule to carry out the applicable 

9 requirements of subsection (a). 

10 (h) DEFINITIONS.—In this section: 

11 (1) BORDER-CROSSING FACILITY.—The term 

12 ‘‘border-crossing facility’’ means the portion of an oil 

13 or natural gas pipeline or electric transmission facil14 ity that is located at an international boundary of 

15 the United States. 

16 (2) MODIFICATION.—The term ‘‘modification’’ 

17 includes a reversal of flow direction, change in owner18 ship, change in flow volume, addition or removal of 

19 an interconnection, or an adjustment to maintain 

20 flow (such as a reduction or increase in the number 

21 of pump or compressor stations). 

22 (3) NATURAL GAS.—The term ‘‘natural gas’’ has 

23 the meaning given that term in section 2 of the Nat24 ural Gas Act (15 U.S.C. 717a). 


kjohnson on DSK79L0C42PROD with BILLS
11 

•HR 1058 RH

1 (4) OIL.—The term ‘‘oil’’ means petroleum or a 

2 petroleum product. 

3 (5) ELECTRIC RELIABILITY ORGANIZATION; RE4 GIONAL ENTITY.—The terms ‘‘Electric Reliability Or5 ganization’’ and ‘‘regional entity’’ have the meanings 

6 given those terms in section 215 of the Federal Power 

7 Act (16 U.S.C. 824o). 

8 (6) INDEPENDENT SYSTEM OPERATOR; REGIONAL

9 TRANSMISSION ORGANIZATION.—The terms ‘‘Inde10 pendent System Operator’’ and ‘‘Regional Trans11 mission Organization’’ have the meanings given those 

12 terms in section 3 of the Federal Power Act (16 

13 U.S.C. 796). 


kjohnson on DSK79L0C42PROD with BILLS
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 

mission of electricity. and export of oil and natural gas and the transnational border-crossing facilities for the import connection, operation, and maintenance of intermodern process to authorize the construction, 

MARCH 23, 2023 

Reported from the Committee on Energy and Commerce 

with an amendment 

MARCH 23, 2023 

Committees on Transportation and Infrastructure and 

and ordered to be printed mittee of the Whole House on the State of the Union Natural Resources discharged; committed to the ComVerDate 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