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-border 
Energy Infrastructure Act’’. 
SEC. 2. STRENGTHENING NORTH AMERICAN ENERGY SECU-
RITY. 
(a) AUTHORIZATION
OF CERTAIN ENERGY INFRA-
STRUCTURE PROJECTS AT AN INTERNATIONAL BOUNDARY 
OF THE UNITED STATES.— 
(1) AUTHORIZATION.—Except as provided in 
paragraph (3) and subsection (e), no person may con-
struct, 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 inter-
national border of the United States without obtain-
ing a certificate of crossing for the border-crossing fa-
cility 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 respect 
to a border-crossing facility for which a person 
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requests a certificate of crossing under this sub-
section, the relevant official or agency, in con-
sultation with appropriate Federal agencies, 
shall issue a certificate of crossing for the border- 
crossing facility unless the relevant official or 
agency finds that the construction, connection, 
operation, or maintenance of the border-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 sub-
paragraph (A) is— 
(i) the Federal Energy Regulatory 
Commission with respect to border-crossing 
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 ELEC-
TRIC TRANSMISSION FACILITIES.—In the case of 
a request for a certificate of crossing for a bor-
der-crossing facility consisting of an electric 
transmission facility, the Secretary of Energy 
shall require, as a condition of issuing the cer-
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tificate of crossing under subparagraph (A), that 
the border-crossing facility be constructed, con-
nected, operated, or maintained consistent with 
all applicable policies and standards of— 
(i) the Electric Reliability Organiza-
tion and the applicable regional entity; and 
(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, con-
nection, operation, or maintenance is pending on 
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the date of enactment of this Act, until the ear-
lier of— 
(i) the date on which such application 
is denied; or 
(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 authority 
of the Federal Energy Regulatory Commission 
with respect to oil pipelines under section 60502 
of title 49, United States Code. 
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(b) 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: ‘‘In the case of an application for the impor-
tation 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 application.’’. 
(c) TRANSMISSION OF ELECTRIC ENERGY TO CANADA 
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 regu-
lation does not conflict with the exercise of the 
Commission’s powers under or relating to sub-
section 202(e)’’. 
(B) SEASONAL DIVERSITY ELECTRICITY EX-
CHANGE.—Section 602(b) of the Public Utility 
Regulatory Policies Act of 1978 (16 U.S.C. 
824a–4(b)) is amended by striking ‘‘the Commis-
sion has conducted hearings and made the find-
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ings required under section 202(e) of the Federal 
Power Act’’ and all that follows through the pe-
riod at the end and inserting ‘‘the Secretary has 
conducted hearings and finds that the proposed 
transmission facilities would not impair the suf-
ficiency of electric supply within the United 
States or would not impede or tend to impede 
the coordination in the public interest of facili-
ties subject to the jurisdiction of the Secretary.’’. 
(d) NO PRESIDENTIAL PERMIT REQUIRED.—No Presi-
dential permit (or similar permit) shall be required pursu-
ant to any provision of law or Executive order for the con-
struction, connection, operation, or maintenance of an oil 
or natural gas pipeline or electric transmission facility, or 
any border-crossing facility thereof. 
(e) MODIFICATIONS TO EXISTING PROJECTS.—No cer-
tificate of crossing under subsection (a), or Presidential per-
mit (or similar permit), shall be required for a modification 
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 
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(or similar permit) has been issued pursuant to any 
provision of law or Executive order; or 
(3) a border-crossing facility for which a certifi-
cate of crossing has previously been issued under sub-
section (a). 
(f) PROHIBITION ON REVOCATION OF PRESIDENTIAL 
PERMITS.—Notwithstanding any other provision of law, 
the President may not revoke a Presidential permit (or 
similar permit) issued pursuant to Executive Order No. 
13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3 
U.S.C. 301 note), Executive Order No. 12038 (43 Fed. Reg. 
4957), Executive Order No. 10485 (18 Fed. Reg. 5397), or 
any other Executive order for the construction, connection, 
operation, or maintenance of an oil or natural gas pipeline 
or electric transmission facility, or any border-crossing fa-
cility thereof, unless such revocation is authorized by an 
Act of Congress. 
(g) EFFECTIVE DATE; RULEMAKING DEADLINES.— 
(1) EFFECTIVE DATE.—Subsections (a) through 
(e), and the amendments made by such subsections, 
shall take effect on the date that is 1 year after the 
date of enactment of this Act. 
(2) RULEMAKING DEADLINES.—Each relevant of-
ficial or agency described in subsection (a)(2)(B) 
shall— 
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(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). 
(h) 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-
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 owner-
ship, 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 Nat-
ural Gas Act (15 U.S.C. 717a). 
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(4) OIL.—The term ‘‘oil’’ means petroleum or a 
petroleum product. 
(5) ELECTRIC RELIABILITY ORGANIZATION; RE-
GIONAL ENTITY.—The terms ‘‘Electric Reliability Or-
ganization’’ and ‘‘regional entity’’ have the meanings 
given those terms in section 215 of the Federal Power 
Act (16 U.S.C. 824o). 
(6) INDEPENDENT SYSTEM OPERATOR; REGIONAL 
TRANSMISSION
ORGANIZATION.—The terms ‘‘Inde-
pendent System Operator’’ and ‘‘Regional Trans-
mission Organization’’ have the meanings given those 
terms in section 3 of the Federal Power Act (16 
U.S.C. 796). 
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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 
modern process to authorize the construction, 
connection, operation, and maintenance of inter-
national border-crossing facilities for the import 
and export of oil and natural gas and the trans-
mission of electricity. 
MARCH 23, 2023 
Reported from the Committee on Energy and Commerce 
with an amendment 
MARCH 23, 2023 
Committees on Transportation and Infrastructure and 
Natural Resources discharged; committed to the Com-
mittee of the Whole House on the State of the Union 
and ordered to be printed 
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