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 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 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Promoting Cross-bor-
der Energy Infrastructure Act’’. 
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SEC. 2. STRENGTHENING NORTH AMERICAN ENERGY SECU-
RITY. 
(a) AUTHORIZATION OF CERTAIN ENERGY INFRA-
STRUCTURE PROJECTS AT AN INTERNATIONAL BOUND-
ARY 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 re-
spect 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 agen-
cies, shall issue a certificate of crossing for the 
border-crossing facility unless the relevant offi-
cial or agency finds that the construction, con-
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nection, operation, or maintenance of the bor-
der-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-cross-
ing facilities consisting of oil or natural 
gas pipelines; and 
(ii) the Secretary of Energy with re-
spect 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 elec-
tric transmission facility, the Secretary of En-
ergy 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 Organiza-
tion and the applicable regional entity; and 
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(ii) any Regional Transmission Orga-
nization 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 im-
port or export of oil or natural gas, or the trans-
mission of electricity— 
(A) if the border-crossing facility is oper-
ating 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, oper-
ation, or maintenance has been issued pursuant 
to any provision of law or Executive order; or 
(C) if an application for a Presidential per-
mit (or similar permit) for the construction, 
connection, operation, or maintenance is pend-
ing on the date of enactment of this Act, until 
the earlier of— 
(i) the date on which such application 
is denied; or 
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(ii) two years after the date of enact-
ment 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 re-
quirement 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 sub-
section or subsection (e) shall affect the author-
ity of the Federal Energy Regulatory Commis-
sion 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 Nat-
ural Gas Act (15 U.S.C. 717b(c)) is amended by adding 
at the end the following: ‘‘In the case of an application 
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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 applica-
tion.’’. 
(c) TRANSMISSION OF ELECTRIC ENERGY TO CAN-
ADA 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 Util-
ity Regulatory Policies Act of 1978 (16 U.S.C. 
824a–4(b)) is amended by striking ‘‘the Com-
mission 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 
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‘‘the Secretary has conducted hearings and 
finds that the proposed transmission facilities 
would not impair the sufficiency of electric sup-
ply within the United States or would not im-
pede or tend to impede the coordination in the 
public interest of facilities subject to the juris-
diction 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 facil-
ity, 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 modi-
fication 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 
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(3) a border-crossing facility for which a certifi-
cate of crossing has previously been issued under 
subsection (a). 
(f) EFFECTIVE DATE; RULEMAKING DEADLINES.— 
(1) 
EFFECTIVE
DATE.—Subsections 
(a) 
through (e), and the amendments made by such sub-
sections, 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 sub-
section (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). 
(g) 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 facil-
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ity that is located at an international boundary of 
the United States. 
(2) MODIFICATION.—The term ‘‘modification’’ 
includes a reversal of flow direction, change in own-
ership, 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; RE-
GIONAL
ENTITY.—The terms ‘‘Electric Reliability 
Organization’’ and ‘‘regional entity’’ have the mean-
ings given those terms in section 215 of the Federal 
Power Act (16 U.S.C. 824o). 
(6) INDEPENDENT
SYSTEM
OPERATOR; RE-
GIONAL 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). 
Æ 
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