I 

116TH CONGRESS 

2D SESSION H. R. 7429 

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 

JUNE 30, 2020 

Mr. MULLIN 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 04:12 Jul 23, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7429.IH H7429

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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 permit described in subsection (d) 

14 for the construction, connection, operation, or 

15 maintenance has been issued; or 

16 (C) if an application for a permit described 

17 in subsection (d) for the construction, connec18 tion, operation, or maintenance is pending on 

19 the date of enactment of this Act, until the ear20 lier of— 

21 (i) the date on which such application 

22 is denied; or 

23 (ii) two years after the date of enact24 ment of this Act, if such a permit has not 

25 been issued by such date of enactment. 


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1 (4) EFFECT OF OTHER LAWS.— 

2 (A) APPLICATION TO PROJECTS.—Nothing 

3 in this subsection or subsection (e) shall affect 

4 the application of any other Federal statute to 

5 a project for which a certificate of crossing for 

6 a border-crossing facility is requested under 

7 this subsection. 

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

9 subsection or subsection (e) shall affect the re10 quirement to obtain approval or authorization 

11 under sections 3 and 7 of the Natural Gas Act 

12 for the siting, construction, or operation of any 

13 facility to import or export natural gas. 

14 (C) OIL PIPELINES.—Nothing in this sub15 section or subsection (e) shall affect the author16 ity of the Federal Energy Regulatory Commis17 sion with respect to oil pipelines under section 

18 60502 of title 49, United States Code. 

19 (b) IMPORTATION OR EXPORTATION OF NATURAL

20 GAS TO CANADA AND MEXICO.—Section 3(c) of the Nat21 ural Gas Act (15 U.S.C. 717b(c)) is amended by adding 

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

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

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

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


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1 on which the Commission receives the complete applica2 tion.’’. 

3 (c) TRANSMISSION OF ELECTRIC ENERGY TO CAN4 ADA AND MEXICO.— 

5 (1) REPEAL OF REQUIREMENT TO SECURE

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

7 (16 U.S.C. 824a(e)) is repealed. 

8 (2) CONFORMING AMENDMENTS.— 

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

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

11 is amended by striking ‘‘insofar as such State 

12 regulation does not conflict with the exercise of 

13 the Commission’s powers under or relating to 

14 subsection 202(e)’’. 

15 (B) SEASONAL DIVERSITY ELECTRICITY

16 EXCHANGE.—Section 602(b) of the Public Util17 ity Regulatory Policies Act of 1978 (16 U.S.C. 

18 824a–4(b)) is amended by striking ‘‘the Com19 mission has conducted hearings and made the 

20 findings required under section 202(e) of the 

21 Federal Power Act’’ and all that follows 

22 through the period at the end and inserting 

23 ‘‘the Secretary has conducted hearings and 

24 finds that the proposed transmission facilities 

25 would not impair the sufficiency of electric supVerDate Sep 11 2014 04:12 Jul 23, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7429.IH H7429

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1 ply within the United States or would not im2 pede or tend to impede the coordination in the 

3 public interest of facilities subject to the juris4 diction of the Secretary.’’. 

5 (d) NO PRESIDENTIAL PERMIT REQUIRED.—No 

6 Presidential permit (or similar permit) required under Ex7 ecutive Order No. 13337 (3 U.S.C. 301 note), Executive 

8 Order No. 11423 (3 U.S.C. 301 note), section 301 of title 

9 3, United States Code, Executive Order No. 12038, Exec10 utive Order No. 10485, or any other Executive order shall 

11 be necessary for the construction, connection, operation, 

12 or maintenance of an oil or natural gas pipeline or electric 

13 transmission facility, or any border-crossing facility there14 of. 

15 (e) MODIFICATIONS TO EXISTING PROJECTS.—No 

16 certificate of crossing under subsection (a), or permit de17 scribed in subsection (d), shall be required for a modifica18 tion 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 

22 of 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 permit described in 

25 subsection (d) has been issued; 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) the term ‘‘border-crossing facility’’ means 

23 the portion of an oil or natural gas pipeline or elec24 tric transmission facility that is located at an inter25 national boundary of the United States; 


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1 (2) the term ‘‘modification’’ includes a reversal 

2 of flow direction, change in ownership, change in 

3 flow volume, addition or removal of an interconnec4 tion, or an adjustment to maintain flow (such as a 

5 reduction or increase in the number of pump or 

6 compressor stations); 

7 (3) the term ‘‘natural gas’’ has the meaning 

8 given that term in section 2 of the Natural Gas Act 

9 (15 U.S.C. 717a); 

10 (4) the term ‘‘oil’’ means petroleum or a petro11 leum product; 

12 (5) the terms ‘‘Electric Reliability Organiza13 tion’’ and ‘‘regional entity’’ have the meanings given 

14 those terms in section 215 of the Federal Power Act 

15 (16 U.S.C. 824o); and 

16 (6) the terms ‘‘Independent System Operator’’ 

17 and ‘‘Regional Transmission Organization’’ have the 

18 meanings given those terms in section 3 of the Fed19 eral Power Act (16 U.S.C. 796). 

Æ 


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