Promoting Cross-border Energy Infrastructure Act
- Bill Number
- H.R. 3062
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Energy
- Status
- Passed House
- Latest Action
- 2025-09-19: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
- Last Updated
- 2026-03-24T12:48:03Z
AI-Generated Summary
Purpose of the Legislation
The Promoting Cross-border Energy Infrastructure Act (H.R. 3062) aims to create a standardized, clear, and updated system for approving facilities that cross U.S. international borders to import/export oil and natural gas or transmit electricity. It seeks to strengthen North American energy security by streamlining authorizations, reducing delays, and minimizing executive branch involvement in routine approvals.
Key Provisions
- Certificate of Crossing Requirement: New border-crossing facilities (defined as portions of pipelines or transmission lines within 1,000 feet of the U.S. border) for oil, natural gas, or electricity must obtain a "certificate of crossing." This is issued by the Federal Energy Regulatory Commission (FERC, an independent agency overseeing energy infrastructure) for oil and natural gas pipelines, or by the Secretary of Energy for electric transmission lines. The certificate must be granted within 120 days after completing environmental reviews under the National Environmental Policy Act (NEPA, a law requiring assessment of environmental impacts), unless the project is deemed not in the public interest. For electric facilities, compliance with reliability standards from organizations like the Electric Reliability Organization is required.
- Exclusions from New Requirements: Existing operating facilities, those with prior Presidential permits (executive authorizations), or pending permit applications (for up to two years) are exempt. Other federal laws, such as those for natural gas approvals or oil pipeline safety, still apply.
- Streamlined Approvals for Neighbors:
- Under the Natural Gas Act, FERC must approve natural gas imports from or exports to Canada or Mexico within 30 days of a complete application.
- The Federal Power Act is amended to repeal the need for a Presidential order for electricity transmission to Canada or Mexico, simplifying cross-border electricity exchanges.
- Elimination of Presidential Permits: No new Presidential permits (or similar executive approvals) are required for these facilities, shifting authority to FERC and the Department of Energy.
- Modifications to Existing Facilities: Changes like reversing flow direction, adjusting capacity, or adding connections do not need new certificates or permits for pre-existing projects.
- Protection of Existing Permits: The President cannot revoke prior Presidential permits without explicit approval from Congress.
- Implementation Timeline: The core changes take effect one year after enactment. FERC and the Secretary of Energy must propose rules within 180 days and finalize them within one year.
Significant Changes to Existing Law
- Replaces Presidential Permits: Previously, the executive branch (via the President or delegates) issued permits under executive orders; this shifts to mandatory, time-bound agency approvals, reducing political discretion.
- Amends Key Energy Laws: Adds timelines to the Natural Gas Act for Canada/Mexico approvals; repeals sections of the Federal Power Act requiring executive orders for electricity exports; preserves FERC's authority over oil pipelines under transportation safety laws.
- Introduces Public Interest Standard: Approvals now hinge on a "public interest" determination post-NEPA review, rather than broader executive review.
- Prohibits Unilateral Revocations: Limits presidential power to cancel existing permits, requiring congressional action—a new check on executive authority.
Potential Impacts
- On Government Agencies: FERC and the Department of Energy gain primary responsibility for approvals, potentially increasing their workload but with clear deadlines to prevent delays. The President loses routine permit-issuing and revocation powers, altering inter-branch dynamics.
- On Citizens: Could lead to faster energy infrastructure development, potentially improving energy supply reliability, reducing costs for consumers (especially in border regions), and enhancing economic ties with Canada and Mexico. However, it maintains environmental reviews, so impacts on local communities (e.g., pollution or land use) are not eliminated.
- On International Relations: Promotes smoother energy trade with Canada and Mexico, bolstering North American energy integration and security. It may encourage joint projects but could strain relations if perceived as prioritizing U.S. interests without reciprocal changes abroad.
Main Stakeholders Affected
- Energy Companies and Developers: Pipeline operators, electric utilities, and natural gas exporters benefit from faster, more predictable approvals, reducing project risks and costs.
- Government Entities: FERC, Department of Energy, and Congress (for revocations) see expanded or redefined roles; environmental agencies remain involved via NEPA.
- Citizens and Communities: Residents near borders (e.g., in Texas, California, or Northeast states) may experience infrastructure changes affecting local environments or economies; broader U.S. energy consumers gain from potential supply stability.
- Neighboring Countries: Canada and Mexico, as key trading partners, could see increased energy flows, impacting their markets and bilateral agreements.
- Environmental and Advocacy Groups: They retain influence through NEPA reviews but may oppose the reduced executive oversight on climate or public interest grounds.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces agency expertise in energy regulation while upholding NEPA and other statutes, ensuring projects still face environmental and safety scrutiny. The "public interest" test provides a flexible but defined standard for denials.
- Constitutional: Balances executive, legislative, and judicial powers by curbing presidential discretion (e.g., no unilateral revocations), aligning with separation of powers principles without infringing on treaty-making authority for international energy pacts.
- Political: Neutralizes partisan executive decisions on energy projects (e.g., approvals or cancellations based on administration priorities), potentially fostering bipartisan support for infrastructure. It may spark debate over energy independence versus environmental protections, especially amid climate goals, but focuses on procedural efficiency rather than mandating project types.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Fedorchak, Julie [R-ND-At Large]
Cosponsors (2)
Rep. Dunn, Neal P. [R-FL-2], Rep. Joyce, John [R-PA-13]
Recent Actions
- 2025-09-19: Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
- 2025-09-18: Motion to reconsider laid on the table Agreed to without objection.
- 2025-09-18: On passage Passed by the Yeas and Nays: 224 - 203 (Roll no. 277). (text of amendment in the nature of a substitute: CR H4423) (Roll call 277)
- 2025-09-18: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 224 - 203 (Roll no. 277). (text of amendment in the nature of a substitute: CR H4424: 7) (Roll call 277)
- 2025-09-18: Considered as unfinished business. (consideration: CR H4442)
- 2025-09-18: POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 3062, the Chair put the question on passage of the bill, and by voice vote, announced that the ayes had prevailed. Mr. Pallone demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
- 2025-09-18: The previous question was ordered pursuant to the rule.
- 2025-09-18: DEBATE - The House proceeded with one hour of debate on H.R. 3062.
- 2025-09-18: Rule provides for consideration of H.R. 4922, H.R. 5143, H.R. 5140, H.R. 5125, H.R. 1047, H.R. 3015 and H.R. 3062. The resolution provides for consideration of H.R. 4922, H.R. 5143, H.R. 5140, H.R. 5125, H.R. 1047, H.R. 3015, and H.R. 3062 under a closed rule, and provides for a motion to recommit on each measure.
- 2025-09-18: Considered under the provisions of rule H. Res. 707. (consideration: CR H4423)
- 2025-09-16: Rule H. Res. 707 passed House.
- 2025-09-15: Rules Committee Resolution H. Res. 707 Reported to House. Rule provides for consideration of H.R. 4922, H.R. 5143, H.R. 5140, H.R. 5125, H.R. 1047, H.R. 3015 and H.R. 3062. The resolution provides for consideration of H.R. 4922, H.R. 5143, H.R. 5140, H.R. 5125, H.R. 1047, H.R. 3015, and H.R. 3062 under a closed rule, and provides for a motion to recommit on each measure.
- 2025-07-02: Placed on the Union Calendar, Calendar No. 151.
- 2025-07-02: Committee on Natural Resources discharged.
- 2025-07-02: Committee on Natural Resources discharged.
Bill Versions
- Promoting Cross-border Energy Infrastructure Act — issued 2025-09-18 — PDF (12 pages)
- Promoting Cross-border Energy Infrastructure Act — issued 2025-04-29 — PDF (10 pages)
- Promoting Cross-border Energy Infrastructure Act — issued 2025-09-19 — PDF (10 pages)
- Promoting Cross-border Energy Infrastructure Act — issued 2025-07-02 — PDF (12 pages)