I 

118TH CONGRESS 

1ST SESSION H. R. 1058 

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 

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. 

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-bor5 der Energy Infrastructure Act’’. 


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1 SEC. 2. STRENGTHENING NORTH AMERICAN ENERGY SECU2 RITY. 

3 (a) AUTHORIZATION OF CERTAIN ENERGY INFRA4 STRUCTURE PROJECTS AT AN INTERNATIONAL BOUND5 ARY OF THE UNITED STATES.— 

6 (1) AUTHORIZATION.—Except as provided in 

7 paragraph (3) and subsection (e), no person may 

8 construct, connect, operate, or maintain a border9 crossing facility for the import or export of oil or 

10 natural gas, or the transmission of electricity, across 

11 an international border of the United States without 

12 obtaining a certificate of crossing for the border13 crossing facility under this subsection. 

14 (2) CERTIFICATE OF CROSSING.— 

15 (A) REQUIREMENT.—Not later than 120 

16 days after final action is taken, by the relevant 

17 official or agency identified under subparagraph 

18 (B), under the National Environmental Policy 

19 Act of 1969 (42 U.S.C. 4321 et seq.) with re20 spect to a border-crossing facility for which a 

21 person requests a certificate of crossing under 

22 this subsection, the relevant official or agency, 

23 in consultation with appropriate Federal agen24 cies, shall issue a certificate of crossing for the 

25 border-crossing facility unless the relevant offi26 cial or agency finds that the construction, conVerDate Sep 11 2014 07:28 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1058.IH H1058

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1 nection, operation, or maintenance of the bor2 der-crossing facility is not in the public interest 

3 of the United States. 

4 (B) RELEVANT OFFICIAL OR AGENCY.— 

5 The relevant official or agency referred to in 

6 subparagraph (A) is— 

7 (i) the Federal Energy Regulatory 

8 Commission with respect to border-cross9 ing facilities consisting of oil or natural 

10 gas pipelines; and 

11 (ii) the Secretary of Energy with re12 spect to border-crossing facilities consisting 

13 of electric transmission facilities. 

14 (C) ADDITIONAL REQUIREMENT FOR

15 ELECTRIC TRANSMISSION FACILITIES.—In the 

16 case of a request for a certificate of crossing for 

17 a border-crossing facility consisting of an elec18 tric transmission facility, the Secretary of En19 ergy shall require, as a condition of issuing the 

20 certificate of crossing under subparagraph (A), 

21 that the border-crossing facility be constructed, 

22 connected, operated, or maintained consistent 

23 with all applicable policies and standards of— 

24 (i) the Electric Reliability Organiza25 tion and the applicable regional entity; and 


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1 (ii) any Regional Transmission Orga2 nization or Independent System Operator 

3 with operational or functional control over 

4 the border-crossing facility. 

5 (3) EXCLUSIONS.—This subsection shall not 

6 apply to any construction, connection, operation, or 

7 maintenance of a border-crossing facility for the im8 port or export of oil or natural gas, or the trans9 mission of electricity— 

10 (A) if the border-crossing facility is oper11 ating for such import, export, or transmission 

12 as of the date of enactment of this Act; 

13 (B) if a Presidential permit (or similar 

14 permit) for the construction, connection, oper15 ation, or maintenance has been issued pursuant 

16 to any provision of law or Executive order; or 

17 (C) if an application for a Presidential per18 mit (or similar permit) for the construction, 

19 connection, operation, or maintenance is pend20 ing on the date of enactment of this Act, until 

21 the earlier of— 

22 (i) the date on which such application 

23 is denied; or 


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1 (ii) two years after the date of enact2 ment of this Act, if such a permit has not 

3 been issued by such date of enactment. 

4 (4) EFFECT OF OTHER LAWS.— 

5 (A) APPLICATION TO PROJECTS.—Nothing 

6 in this subsection or subsection (e) shall affect 

7 the application of any other Federal statute to 

8 a project for which a certificate of crossing for 

9 a border-crossing facility is requested under 

10 this subsection. 

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

12 subsection or subsection (e) shall affect the re13 quirement to obtain approval or authorization 

14 under sections 3 and 7 of the Natural Gas Act 

15 for the siting, construction, or operation of any 

16 facility to import or export natural gas. 

17 (C) OIL PIPELINES.—Nothing in this sub18 section or subsection (e) shall affect the author19 ity of the Federal Energy Regulatory Commis20 sion with respect to oil pipelines under section 

21 60502 of title 49, United States Code. 

22 (b) IMPORTATION OR EXPORTATION OF NATURAL

23 GAS TO CANADA AND MEXICO.—Section 3(c) of the Nat24 ural Gas Act (15 U.S.C. 717b(c)) is amended by adding 

25 at the end the following: ‘‘In the case of an application 


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1 for the importation of natural gas from, or the exportation 

2 of natural gas to, Canada or Mexico, the Commission shall 

3 grant the application not later than 30 days after the date 

4 on which the Commission receives the complete applica5 tion.’’. 

6 (c) TRANSMISSION OF ELECTRIC ENERGY TO CAN7 ADA AND MEXICO.— 

8 (1) REPEAL OF REQUIREMENT TO SECURE

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

10 (16 U.S.C. 824a(e)) is repealed. 

11 (2) CONFORMING AMENDMENTS.— 

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

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

14 is amended by striking ‘‘insofar as such State 

15 regulation does not conflict with the exercise of 

16 the Commission’s powers under or relating to 

17 subsection 202(e)’’. 

18 (B) SEASONAL DIVERSITY ELECTRICITY

19 EXCHANGE.—Section 602(b) of the Public Util20 ity Regulatory Policies Act of 1978 (16 U.S.C. 

21 824a–4(b)) is amended by striking ‘‘the Com22 mission has conducted hearings and made the 

23 findings required under section 202(e) of the 

24 Federal Power Act’’ and all that follows 

25 through the period at the end and inserting 


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1 ‘‘the Secretary has conducted hearings and 

2 finds that the proposed transmission facilities 

3 would not impair the sufficiency of electric sup4 ply within the United States or would not im5 pede or tend to impede the coordination in the 

6 public interest of facilities subject to the juris7 diction of the Secretary.’’. 

8 (d) NO PRESIDENTIAL PERMIT REQUIRED.—No 

9 Presidential permit (or similar permit) shall be required 

10 pursuant to any provision of law or Executive order for 

11 the construction, connection, operation, or maintenance of 

12 an oil or natural gas pipeline or electric transmission facil13 ity, or any border-crossing facility thereof. 

14 (e) MODIFICATIONS TO EXISTING PROJECTS.—No 

15 certificate of crossing under subsection (a), or Presidential 

16 permit (or similar permit), shall be required for a modi17 fication to— 

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

19 transmission facility that is operating for the import 

20 or export of oil or natural gas or the transmission 

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

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

23 transmission facility for which a Presidential permit 

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

25 provision of law or Executive order; or 


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1 (3) a border-crossing facility for which a certifi2 cate of crossing has previously been issued under 

3 subsection (a). 

4 (f) EFFECTIVE DATE; RULEMAKING DEADLINES.— 

5 (1) EFFECTIVE DATE.—Subsections (a) 

6 through (e), and the amendments made by such sub7 sections, shall take effect on the date that is 1 year 

8 after the date of enactment of this Act. 

9 (2) RULEMAKING DEADLINES.—Each relevant 

10 official or agency described in subsection (a)(2)(B) 

11 shall— 

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

13 of enactment of this Act, publish in the Federal 

14 Register notice of a proposed rulemaking to 

15 carry out the applicable requirements of sub16 section (a); and 

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

18 enactment of this Act, publish in the Federal 

19 Register a final rule to carry out the applicable 

20 requirements of subsection (a). 

21 (g) DEFINITIONS.—In this section: 

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

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

24 or natural gas pipeline or electric transmission facilVerDate Sep 11 2014 07:28 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1058.IH H1058

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1 ity that is located at an international boundary of 

2 the United States. 

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

4 includes a reversal of flow direction, change in own5 ership, change in flow volume, addition or removal 

6 of an interconnection, or an adjustment to maintain 

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

8 of pump or compressor stations). 

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

10 has the meaning given that term in section 2 of the 

11 Natural Gas Act (15 U.S.C. 717a). 

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

13 a petroleum product. 

14 (5) ELECTRIC RELIABILITY ORGANIZATION; RE15 GIONAL ENTITY.—The terms ‘‘Electric Reliability 

16 Organization’’ and ‘‘regional entity’’ have the mean17 ings given those terms in section 215 of the Federal 

18 Power Act (16 U.S.C. 824o). 

19 (6) INDEPENDENT SYSTEM OPERATOR; RE20 GIONAL TRANSMISSION ORGANIZATION.—The terms 

21 ‘‘Independent System Operator’’ and ‘‘Regional 

22 Transmission Organization’’ have the meanings 

23 given those terms in section 3 of the Federal Power 

24 Act (16 U.S.C. 796). 

Æ 


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