IB 
Union Calendar No. 358 
113TH CONGRESS 
2D SESSION 
H. R. 3301 
[Report No. 113–482, Part I] 
To require approval for the construction, connection, operation, or mainte-
nance of oil or natural gas pipelines or electric transmission facilities 
at the national boundary 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. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 22, 2013 
Mr. UPTON (for himself, Mr. GENE GREEN of Texas, Mr. BARTON, Mr. COL-
LINS of New York, Mr. COSTA, Mr. CRAMER, Mr. CUELLAR, Mr. 
GALLEGO, Mr. HINOJOSA, Mr. MATHESON, Mrs. MCMORRIS RODGERS, 
Mr. PETERSON, Mr. POMPEO, Mr. TERRY, Mr. VELA, and Mr. WHIT-
FIELD) introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committees on Trans-
portation 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 con-
cerned 
JUNE 19, 2014 
Additional sponsors: Mr. LATTA, Mr. CASSIDY, Mrs. WALORSKI, Mr. 
BILIRAKIS, and Mr. WALBERG 
JUNE 19, 2014 
Reported from the Committee on Energy and Commerce with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JUNE 19, 2014 
The Committees on Transportation and Infrastructure and Natural Resources 
discharged; committed to the Committee of the Whole House on the State 
of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on October 22, 2013] 
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A BILL 
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. 
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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 Energy 
Infrastructure Act’’. 
SEC. 2. FINDING. 
Congress finds that the United States should establish 
a more uniform, transparent, and modern process for the 
construction, connection, operation, and maintenance of oil 
and natural gas pipelines and electric transmission facili-
ties 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, connect, 
operate, or maintain a cross-border segment of an oil pipe-
line 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 crossing for the 
construction, connection, operation, or maintenance of the 
cross-border segment under this section. 
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issuing the certificate of crossing for the request under 
paragraph (1), that the cross-border segment of the 
electric transmission facility be constructed, con-
nected, operated, or maintained consistent with all 
applicable policies and standards of— 
(A) the Electric Reliability Organization 
and the applicable regional entity; and 
(B) any Regional Transmission Organiza-
tion or Independent System Operator with oper-
ational or functional control over the cross-bor-
der segment of the electric transmission facility. 
(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 
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(4) if an application for a permit described in 
section 6 for such construction, connection, operation, 
or maintenance is pending on the date of enactment 
of this Act, until the earlier of— 
(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 certifi-
cate of crossing for the construction, connection, oper-
ation, or maintenance of a cross-border segment is 
sought under this section. 
(2) NATURAL GAS ACT.—Nothing in this section 
or section 7 shall affect the requirement to obtain ap-
proval or authorization under sections 3 and 7 of the 
Natural Gas Act for the siting, construction, or oper-
ation of any facility to import or export natural gas. 
(3) ENERGY POLICY AND CONSERVATION ACT.— 
Nothing in this section or section 7 shall affect the 
authority of the President under section 103(a) of the 
Energy Policy and Conservation Act. 
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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 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 regulation does not 
conflict with the exercise of the Commission’s powers 
under or relating to subsection 202(e)’’. 
(2) SEASONAL
DIVERSITY
ELECTRICITY
EX-
CHANGE.—Section 602(b) of the Public Utility Regu-
latory Policies Act of 1978 (16 U.S.C. 824a–4(b)) is 
amended by striking ‘‘the Commission has conducted 
hearings and made the findings required under sec-
tion 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 
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the proposed transmission facilities would not impair 
the sufficiency of electric supply within the United 
States or would not impede or tend to impede the co-
ordination in the public interest of facilities subject to 
the jurisdiction of the Secretary.’’. 
SEC. 6. NO PRESIDENTIAL PERMIT REQUIRED. 
No Presidential permit (or similar permit) required 
under Executive Order 13337 (3 U.S.C. 301 note), Execu-
tive Order 11423 (3 U.S.C. 301 note), section 301 of title 
3, United States Code, Executive Order 12038, Executive 
Order 10485, or any other Executive Order shall be nec-
essary for the construction, connection, operation, or main-
tenance of an oil or natural gas pipeline or electric trans-
mission facility, or any cross-border 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 electricity to 
or from Canada or Mexico as of the date of enactment 
of the Act; 
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(2) for which a permit described in section 6 for 
such construction, connection, operation, or mainte-
nance has been issued; or 
(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 official 
described in section 3(b)(2) shall— 
(1) not later than 180 days after the date of en-
actment of this Act, publish in the Federal Register 
notice of a proposed rulemaking to carry out the ap-
plicable requirements of section 3; and 
(2) not later than 1 year after the date of enact-
ment 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 
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boundary of the United States with either Canada or 
Mexico; 
(2) the term ‘‘modification’’ includes a reversal 
of flow direction, change in ownership, volume expan-
sion, downstream or upstream interconnection, or ad-
justment to maintain flow (such as a reduction or in-
crease in the number of pump or compressor sta-
tions); 
(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 Organization’’ 
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 Federal 
Power Act (16 U.S.C. 796). 
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