H.R. 3062

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3062 Referred in Senate (RFS)]

<DOC>
119th CONGRESS
1st Session
H. R. 3062

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

September 19 (legislative day, September 16), 2025

Received; read twice and referred to the Committee on Energy and 
Natural Resources

_______________________________________________________________________

AN ACT

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.

Be it enacted by the Senate and House of Representatives 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 SECURITY.

(a) Authorization of Certain Energy Infrastructure Projects at an 
International Boundary 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 respect 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 
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 subparagraph (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 respect 
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 electric transmission 
facility, the Secretary of Energy 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 Organization 
and the applicable regional entity; and
(ii) any Regional Transmission Organization 
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 import or export of oil or 
natural gas, or the transmission of electricity--
(A) if the border-crossing facility is operating 
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, operation, or 
maintenance has been issued pursuant to any provision 
of law or Executive order; or
(C) if an application for a Presidential permit (or 
similar permit) for the construction, connection, 
operation, or maintenance is pending on the date of 
enactment of this Act, until the earlier of--
(i) the date on which such application is 
denied; or
(ii) two years after the date of enactment 
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 requirement 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 subsection 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.
(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 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 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 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 Utility Regulatory 
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 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 impede the coordination 
in the public interest of facilities subject to the 
jurisdiction 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 
facility, 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 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 (or similar permit) 
has been issued pursuant to any provision of law or Executive 
order; or
(3) a border-crossing facility for which a certificate of 
crossing has previously been issued under subsection (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 (42 U.S.C. 7151 
note), Executive Order No. 10485 (15 U.S.C. 717b note), 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 facility 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 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 subsection (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 facility that is located within 1,000 
feet of the international boundary of the United States, 
measured from the point at which the facility crosses such 
boundary into the United States.
(2) Modification.--The term ``modification'' includes a 
reversal of flow direction, change in ownership, 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; regional entity.--
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).
(6) Independent system operator; regional 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).

Passed the House of Representatives September 18, 2025.

Attest:

KEVIN F. MCCUMBER,

Clerk.