II 
Calendar No. 442 
113TH CONGRESS 
2D SESSION 
H. R. 3301 
IN THE SENATE OF THE UNITED STATES 
JUNE 25, 2014 
Received; read the first time 
JUNE 26, 2014 
Read the second time and placed on the calendar 
AN ACT 
To require approval for the construction, connection, oper-
ation, or maintenance of oil or natural gas pipelines 
or electric transmission facilities at the national bound-
ary of the United States for the import or export of 
oil, natural gas, or electricity to or from Canada or 
Mexico, and for other purposes. 
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 ‘‘North American En-
ergy Infrastructure Act’’. 
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SEC. 2. FINDING. 
Congress finds that the United States should estab-
lish a more uniform, transparent, and modern process for 
the construction, connection, operation, and maintenance 
of oil and natural gas pipelines and electric transmission 
facilities for the import and export of oil and natural gas 
and the transmission of electricity to and from Canada 
and Mexico, in pursuit of a more secure and efficient 
North American energy market. 
SEC. 3. AUTHORIZATION OF CERTAIN ENERGY INFRA-
STRUCTURE PROJECTS AT THE NATIONAL 
BOUNDARY OF THE UNITED STATES. 
(a) AUTHORIZATION.—Except as provided in sub-
section (c) and section 7, no person may construct, con-
nect, operate, or maintain a cross-border segment of an 
oil pipeline or electric transmission facility for the import 
or export of oil or the transmission of electricity to or from 
Canada or Mexico without obtaining a certificate of cross-
ing for the construction, connection, operation, or mainte-
nance of the cross-border segment under this section. 
(b) CERTIFICATE OF CROSSING.— 
(1) REQUIREMENT.—Not later than 120 days 
after final action is taken under the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) with respect to a cross-border segment for 
which a request is received under this section, the 
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relevant official identified under paragraph (2), in 
consultation with appropriate Federal agencies, shall 
issue a certificate of crossing for the cross-border 
segment unless the relevant official finds that the 
construction, connection, operation, or maintenance 
of the cross-border segment is not in the public in-
terest of the United States. 
(2) RELEVANT OFFICIAL.—The relevant official 
referred to in paragraph (1) is— 
(A) the Secretary of State with respect to 
oil pipelines; and 
(B) the Secretary of Energy with respect 
to electric transmission facilities. 
(3) ADDITIONAL REQUIREMENT FOR ELECTRIC 
TRANSMISSION FACILITIES.—In the case of a request 
for a certificate of crossing for the construction, con-
nection, operation, or maintenance of a cross-border 
segment of an electric transmission facility, the Sec-
retary of Energy shall require, as a condition of 
issuing the certificate of crossing for the request 
under paragraph (1), that the cross-border segment 
of the electric transmission facility be constructed, 
connected, operated, or maintained consistent with 
all applicable policies and standards of— 
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(A) the Electric Reliability Organization 
and the applicable regional entity; and 
(B) any Regional Transmission Organiza-
tion or Independent System Operator with 
operational or functional control over the cross- 
border segment of the electric transmission fa-
cility. 
(c) EXCLUSIONS.—This section shall not apply to any 
construction, connection, operation, or maintenance of a 
cross-border segment of an oil pipeline or electric trans-
mission facility for the import or export of oil or the trans-
mission of electricity to or from Canada or Mexico— 
(1) if the cross-border segment is operating for 
such import, export, or transmission as of the date 
of enactment of this Act; 
(2) if a permit described in section 6 for such 
construction, connection, operation, or maintenance 
has been issued; 
(3) if a certificate of crossing for such construc-
tion, connection, operation, or maintenance has pre-
viously been issued under this section; or 
(4) if an application for a permit described in 
section 6 for such construction, connection, oper-
ation, or maintenance is pending on the date of en-
actment of this Act, until the earlier of— 
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(A) the date on which such application is 
denied; or 
(B) July 1, 2016. 
(d) EFFECT OF OTHER LAWS.— 
(1) APPLICATION
TO
PROJECTS.—Nothing in 
this section or section 7 shall affect the application 
of any other Federal statute to a project for which 
a certificate of crossing for the construction, connec-
tion, operation, or maintenance of a cross-border 
segment is sought under this section. 
(2) NATURAL GAS ACT.—Nothing in this sec-
tion or section 7 shall affect the requirement to ob-
tain approval or authorization under sections 3 and 
7 of the Natural Gas Act for the siting, construc-
tion, or operation of any facility to import or export 
natural gas. 
(3) 
ENERGY
POLICY
AND
CONSERVATION 
ACT.—Nothing in this section or section 7 shall af-
fect the authority of the President under section 
103(a) of the Energy Policy and Conservation Act. 
SEC. 4. IMPORTATION OR EXPORTATION OF NATURAL GAS 
TO CANADA AND MEXICO. 
Section 3(c) of the Natural Gas Act (15 U.S.C. 
717b(c)) is amended by adding at the end the following: 
‘‘No order is required under subsection (a) to authorize 
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the export or import of any natural gas to or from Canada 
or Mexico.’’. 
SEC. 5. TRANSMISSION OF ELECTRIC ENERGY TO CANADA 
AND MEXICO. 
(a) 
REPEAL
OF
REQUIREMENT
TO
SECURE 
ORDER.—Section 202(e) of the Federal Power Act (16 
U.S.C. 824a(e)) is repealed. 
(b) CONFORMING AMENDMENTS.— 
(1) STATE
REGULATIONS.—Section 202(f) of 
the Federal Power Act (16 U.S.C. 824a(f)) is 
amended by striking ‘‘insofar as such State regula-
tion does not conflict with the exercise of the Com-
mission’s powers under or relating to subsection 
202(e)’’. 
(2) SEASONAL
DIVERSITY
ELECTRICITY
EX-
CHANGE.—Section 602(b) of the Public Utility Reg-
ulatory Policies Act of 1978 (16 U.S.C. 824a–4(b)) 
is amended by striking ‘‘the Commission has con-
ducted 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 ‘‘the Secretary has conducted hearings and 
finds that the proposed transmission facilities would 
not impair the sufficiency of electric supply within 
the United States or would not impede or tend to 
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impede the coordination in the public interest of fa-
cilities subject to the jurisdiction of the Secretary.’’. 
SEC. 6. NO PRESIDENTIAL PERMIT REQUIRED. 
No Presidential permit (or similar permit) required 
under Executive Order No. 13337 (3 U.S.C. 301 note), 
Executive Order No. 11423 (3 U.S.C. 301 note), section 
301 of title 3, United States Code, Executive Order No. 
12038, Executive Order No. 10485, or any other Execu-
tive order shall be necessary for the construction, connec-
tion, operation, or maintenance of an oil or natural gas 
pipeline or electric transmission facility, or any cross-bor-
der segment thereof. 
SEC. 7. MODIFICATIONS TO EXISTING PROJECTS. 
No certificate of crossing under section 3, or permit 
described in section 6, shall be required for a modification 
to the construction, connection, operation, or maintenance 
of an oil or natural gas pipeline or electric transmission 
facility— 
(1) that is operating for the import or export 
of oil or natural gas or the transmission of elec-
tricity to or from Canada or Mexico as of the date 
of enactment of the Act; 
(2) for which a permit described in section 6 for 
such construction, connection, operation, or mainte-
nance has been issued; or 
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(3) for which a certificate of crossing for the 
cross-border segment of the pipeline or facility has 
previously been issued under section 3. 
SEC. 8. EFFECTIVE DATE; RULEMAKING DEADLINES. 
(a) EFFECTIVE DATE.—Sections 3 through 7, and 
the amendments made by such sections, shall take effect 
on July 1, 2015. 
(b) RULEMAKING DEADLINES.—Each relevant offi-
cial described in section 3(b)(2) shall— 
(1) not later than 180 days after the date of 
enactment of this Act, publish in the Federal Reg-
ister notice of a proposed rulemaking to carry out 
the applicable requirements of section 3; and 
(2) not later than 1 year after the date of en-
actment of this Act, publish in the Federal Register 
a final rule to carry out the applicable requirements 
of section 3. 
SEC. 9. DEFINITIONS. 
In this Act— 
(1) the term ‘‘cross-border segment’’ means the 
portion of an oil or natural gas pipeline or electric 
transmission facility that is located at the national 
boundary of the United States with either Canada or 
Mexico; 
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(2) the term ‘‘modification’’ includes a reversal 
of flow direction, change in ownership, volume ex-
pansion, downstream or upstream interconnection, 
or adjustment to maintain flow (such as a reduction 
or increase in the number of pump or compressor 
stations); 
(3) the term ‘‘natural gas’’ has the meaning 
given that term in section 2 of the Natural Gas Act 
(15 U.S.C. 717a); 
(4) the term ‘‘oil’’ means petroleum or a petro-
leum product; 
(5) the terms ‘‘Electric Reliability Organiza-
tion’’ and ‘‘regional entity’’ have the meanings given 
those terms in section 215 of the Federal Power Act 
(16 U.S.C. 824o); and 
(6) the terms ‘‘Independent System Operator’’ 
and ‘‘Regional Transmission Organization’’ have the 
meanings given those terms in section 3 of the Fed-
eral Power Act (16 U.S.C. 796). 
Passed the House of Representatives June 24, 2014. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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