I 
113TH CONGRESS 
1ST SESSION H. R. 3301 
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 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘North American En-
ergy Infrastructure Act’’. 
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, natural gas, and 
electricity to and from Canada and Mexico, in pursuit of 
a more secure and efficient North American energy mar-
ket. 
SEC. 3. AUTHORIZATION OF CERTAIN ENERGY INFRA-
STRUCTURE PROJECTS AT THE NATIONAL 
BOUNDARY OF THE UNITED STATES. 
(a) AUTHORIZATION.—Except as provided in sub-
sections (d) and (e), no person may construct, connect, 
operate, or maintain an oil or natural gas pipeline or elec-
tric transmission facility 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 without obtain-
ing approval of the construction, connection, operation, or 
maintenance under this section. 
(b) APPROVAL.— 
(1) REQUIREMENT.—Not later than 120 days 
after receiving a request for approval of construc-
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tion, connection, operation, or maintenance under 
this section, the relevant official identified under 
paragraph (2), in consultation with appropriate Fed-
eral agencies, shall approve the request unless the 
relevant official finds that the construction, connec-
tion, operation, or maintenance is not in the national 
security interests of the United States. 
(2) RELEVANT OFFICIAL.—The relevant official 
referred to in paragraph (1) is— 
(A) the Secretary of Commerce with re-
spect to oil pipelines; 
(B) the Federal Energy Regulatory Com-
mission with respect to natural gas pipelines; 
and 
(C) the Secretary of Energy with respect 
to electric transmission facilities. 
(3) APPROVAL NOT MAJOR FEDERAL ACTION.— 
An approval of construction, connection, operation, 
or maintenance under paragraph (1) shall not be 
construed to constitute a major Federal action for 
purposes of the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.). 
(4) ADDITIONAL REQUIREMENT FOR ELECTRIC 
TRANSMISSION FACILITIES.—In the case of a request 
for approval of the construction, connection, oper-
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ation, or maintenance of an electric transmission fa-
cility, the Secretary of Energy shall require, as a 
condition of approval of the request under paragraph 
(1), that the electric transmission facility be con-
structed, connected, operated, or maintained con-
sistent 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 
operational or functional control over the elec-
tric transmission facility. 
(c) NO OTHER APPROVAL REQUIRED.—No Presi-
dential permit (or similar permit) required under Execu-
tive Order 13337 (3 U.S.C. 301 note), Executive 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 necessary 
for construction, connection, operation, or maintenance to 
which this section applies. 
(d) EXCLUSIONS.—This section shall not apply to 
any construction, connection, operation, or maintenance of 
an oil or natural gas pipeline or electric transmission facil-
ity at the national boundary of the United States for the 
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import or export of oil, natural gas, or electricity to or 
from Canada or Mexico— 
(1) if the pipeline or facility is operating at 
such national boundary for such import or export as 
of the date of enactment of this Act; 
(2) if a permit described in subsection (c) for 
such construction, connection, operation, or mainte-
nance has been issued; 
(3) if approval of such construction, connection, 
operation, or maintenance has previously been ob-
tained under this section; or 
(4) if an application for a permit described in 
subsection (c) for such construction, connection, op-
eration, 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. 
(e) MODIFICATIONS TO EXISTING PROJECTS.—No 
approval under this section, or permit described in sub-
section (c), shall be required for modifications to construc-
tion, connection, operation, or maintenance described in 
paragraph (1), (2), or (3) of subsection (d), including re-
versal of flow direction, change in ownership, volume ex-
pansion, downstream or upstream interconnection, or ad-
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justments to maintain flow (such as a reduction or in-
crease in the number of pump or compressor stations). 
(f) EFFECT OF OTHER LAWS.—Nothing in this sec-
tion shall affect the application of any other Federal stat-
ute to a project for which approval of construction, con-
nection, operation, or maintenance is sought under this 
section. 
(g) DEFINITIONS.—In this section— 
(1) the term ‘‘natural gas’’ has the meaning 
given that term in section 2 of the Natural Gas Act 
(15 U.S.C. 717a); 
(2) the term ‘‘oil’’ means petroleum or a petro-
leum product; 
(3) 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 
(4) 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). 
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: 
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‘‘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 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 
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the United States or would not impede or tend to 
impede the coordination in the public interest of fa-
cilities subject to the jurisdiction of the Secretary.’’. 
SEC. 6. EFFECTIVE DATE; RULEMAKING DEADLINES. 
(a) EFFECTIVE DATE.—Sections 3, 4, and 5, 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. 
Æ 
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