H.R. 3301House113th Congress (2013-2015)Passed House

North American Energy Infrastructure Act

Sponsored by Fred UptonRep. Fred Upton (R-MI)
Introduced October 22, 2013

Legislative Activity

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45 earlier actions
SenateCalendars Latest Action

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 442.

June 26, 2014

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HouseIntro Referral

Introduced in House

October 22, 2013

HouseIntro Referral

Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation 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 concerned.

October 22, 2013

HouseCommittee

Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.

October 23, 2013

HouseCommittee

Referred to the Subcommittee on Public Lands and Environmental Regulation.

October 24, 2013

HouseCommittee

Referred to the Subcommittee on Energy and Power.

October 25, 2013

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

November 19, 2013

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

November 20, 2013

HouseCommittee

Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 19 - 10 .

November 20, 2013

HouseCommittee

Committee Consideration and Mark-up Session Held.

May 7, 2014

HouseCommittee

Committee Consideration and Mark-up Session Held.

May 8, 2014

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 31 - 19.

May 8, 2014

HouseCommittee

Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 113-482, Part I.

June 19, 2014

HouseCommittee

Committee on Transportation discharged.

June 19, 2014

HouseCommittee

Committee on Natural Resources discharged.

June 19, 2014

HouseCalendars

Placed on the Union Calendar, Calendar No. 358.

June 19, 2014

HouseFloor

Rules Committee Resolution H. Res. 636 Reported to House. For H.R. 6, one hour of general debate and amendments are confined to those printed in part A of the report accompanying this resolution. For H.R. 3301, one hour of general debate and amendments are confined to those printed in part B of the report accompanying this resolution.

June 23, 2014 • 7:17 PM

HouseFloor

Rule H. Res. 636 passed House.

June 24, 2014 • 1:56 PM

HouseFloor

Considered under the provisions of rule H. Res. 636. (consideration: CR H5665-5676)

June 24, 2014 • 2:43 PM

HouseFloor

The resolution provides for consideration of H.R. 6 and H.R. 3301. For H.R. 6, one hour of general debate and amendments are confined to those printed in part A of the report accompanying the resolution. For H.R. 3301, one hour of general debate and amendments are confined to those printed in part B of the report accompanying the resolution.

June 24, 2014 • 2:43 PM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 636 and Rule XVIII.

June 24, 2014 • 2:43 PM

HouseFloor

The Speaker designated the Honorable Diane Black to act as Chairwoman of the Committee.

June 24, 2014 • 2:43 PM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3301.

June 24, 2014 • 2:43 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 636, the Committee of the Whole proceeded with 10 minutes of debate on the Pallone (NJ) part B amendment No. 1.

June 24, 2014 • 3:40 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Pallone part B amendment No. 1, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Pallone demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

June 24, 2014 • 3:49 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 636, the Committee of the Whole proceeded with 10 minutes of debate on the Waxman (CA) part B amendment No. 2.

June 24, 2014 • 3:50 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Waxman part B amendment No. 2, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Waxman demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

June 24, 2014 • 3:57 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 636, the Committee of the Whole proceeded with 10 minutes of debate on the Welch (VT) part B amendment No. 3.

June 24, 2014 • 3:58 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Welch part B amendment No. 3, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Welch demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.

June 24, 2014 • 4:08 PM

HouseFloor

Mr. Whitfield moved that the Committee rise.

June 24, 2014 • 4:08 PM

HouseFloor

On motion that the Committee rise Agreed to by voice vote.

June 24, 2014 • 4:08 PM

HouseFloor

Committee of the Whole House on the state of the Union rises leaving H.R. 3301 as unfinished business.

June 24, 2014 • 4:09 PM

HouseFloor

Considered as unfinished business. (consideration: CR H5683-5688)

June 24, 2014 • 5:16 PM

HouseFloor

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

June 24, 2014 • 5:16 PM

HouseFloor

UNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoption of amendments, which had been debated earlier, and on which further proceedings had been postponed.

June 24, 2014 • 5:16 PM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3301.

June 24, 2014 • 5:54 PM

HouseFloor

The previous question was ordered pursuant to the rule. (consideration: CR H5686)

June 24, 2014 • 5:55 PM

HouseFloor

The House adopted the amendment as agreed to by the Committee of the Whole House on the state of the Union. (text of measure as reported in House: CR H5672)

June 24, 2014 • 5:55 PM

HouseFloor

Mr. Schneider moved to recommit with instructions to the Committee on Energy and Commerce. (consideration: CR H5686-5687; text: CR H5686)

June 24, 2014 • 5:56 PM

HouseFloor

DEBATE - The House proceeded with 10 minutes of debate on the Schneider motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add a new section titled Protecting the Great Lakes and Our Nation's Drinking Water Supply.

June 24, 2014 • 5:56 PM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5687)

June 24, 2014 • 6:02 PM

HouseFloor

On motion to recommit with instructions Failed by recorded vote: 185 - 227 (Roll no. 353). (consideration: CR H5687)

June 24, 2014 • 6:09 PM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 238 - 173 (Roll no. 354).

June 24, 2014 • 6:18 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

June 24, 2014 • 6:18 PM

HouseFloor

On passage Passed by recorded vote: 238 - 173 (Roll no. 354).

June 24, 2014 • 6:18 PM

SenateCalendars

Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

June 25, 2014

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 442.

June 26, 2014

Floor Debate

23 members

What members said about H.R. 3301 on the floor

7 Republicans16 Democrats
James P. McGovern
Rep. James P. McGovernD-MA-2 · Jun 24, 2014

Mr. Speaker, I yield myself such time as I may consume. (Mr. McGOVERN asked and was given permission to revise and extend his remarks.) I want to thank the gentleman from Texas, Dr. Burgess, for…

Raúl M. Grijalva
Rep. Raúl M. GrijalvaD-AZ-3 · Sep 26, 2013

Mr. Chairman, I yield myself such time as I may consume. I rise to oppose H.R. 687. At a time when the majority in this Congress has brought our Nation to the brink of potential shutdown, a looming…

Doc Hastings
Rep. Doc HastingsR-WA-4 · Sep 26, 2013

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the bill H.R. 687. Mr. Chairman, I…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Jun 24, 2014

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 636 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Ed Whitfield
Rep. Ed WhitfieldR-KY-1 · Jun 24, 2014

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and to include extraneous material on H.R. 3301. Madam Chair, I yield 5 minutes to…

Show 8 more
Henry A. Waxman
Rep. Henry A. WaxmanD-CA-33 · Jun 24, 2014

Madam Chair, I yield myself such time as I may consume. Climate change is the biggest energy challenge we face, so before approving a multibillion-dollar energy infrastructure project that will last…

Paul A. Gosar
Rep. Paul A. GosarR-AZ-4 · Sep 26, 2013

Thank you, Chairman Hastings. I appreciate the House spending time to consider this important jobs legislation this week. My home State of Arizona is known for its five Cs: cattle, citrus, climate,…

Ben Ray Luján
Rep. Ben Ray LujánD-NM-3 · Sep 26, 2013

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I rise today to offer an amendment that would protect Native American sacred and cultural sites associated with the land conveyance…

Gene Green
Rep. Gene GreenD-TX-29 · Jun 24, 2014

I thank the ranking member of the committee for yielding. Maybe in my 4 minutes, I can convince him. Mr. Chairman, I rise today as a proud cosponsor and in support of H.R. 3301, the North American…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Jun 20, 2014

Mr. Speaker, before I inquire of the majority leader about the schedule for the week to come, I want to say, at the outset, I have now and have had great respect for the majority leader. The majority…

Fred Upton
Rep. Fred UptonR-MI-6 · Jun 24, 2014

Madam Chair, it is a new era for North American energy, and it is time for the continent's infrastructure to finally catch up. That is why I wrote H.R. 3301, the North American Energy Infrastructure…

Peter A. DeFazio
Rep. Peter A. DeFazioD-OR-4 · Sep 26, 2013

Mr. Chairman, I thank my friend and colleague for yielding that time. Well, another day, another giveaway. Pretty ironic: here we are, we're about to get into a massive fight over whether or not we…

Janice D. Schakowsky
Rep. Janice D. SchakowskyD-IL-9 · Jun 24, 2014

I thank the gentleman for yielding. Mr. Chairman, I rise in opposition to H.R. 3301. My Republican colleagues argue that we need more bills like H.R. 3301 to transport oil and gas as quickly as…

Show 11 more
Bradley Scott Schneider
Rep. Bradley Scott SchneiderD-IL-10 · Jun 24, 2014

Madam Speaker, I have a motion to recommit at the desk. I am opposed. Madam Speaker, this is the final amendment to the bill, which will not kill the bill or send it back to committee. If adopted,…

Peter Welch
Rep. Peter WelchD-VT · Jun 24, 2014

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I rise to speak in favor of the Welch- Pingree-Michaud-Kuster-Shay-Porter amendment, and I want to thank my colleagues from northern New…

Grace F. Napolitano
Rep. Grace F. NapolitanoD-CA-32 · Sep 26, 2013

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, my amendment is very simple. On page 25, after line 12, it adds a new section. Section 10, the savings clause, would require that there be…

Lee Terry
Rep. Lee TerryR-NE-2 · Jun 24, 2014

Mr. Chairman, today marks the 2,104th day since the original Keystone XL pipeline application was filed at the U.S. State Department, as required by law. For 5 years, this administration has either…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Jun 24, 2014

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. My amendment ensures that the complete length of cross-border projects would be subject to full…

Gene Green
Rep. Gene GreenD-TX-29 · Jun 24, 2014

I thank my colleague on the Rules Committee for yielding me time. Mr. Speaker, I rise today on the rule for both H.R. 6 and H.R. 3301, and I will address both of these bills. I am an original…

Ann M. Kuster
Rep. Ann M. KusterD-NH-2 · Jun 24, 2014

Madam Speaker, I have a motion to recommit at the desk. I am opposed in its current form. Madam Speaker, this is the final amendment to the bill, which will not kill the bill or send it back to…

Eric Cantor
Rep. Eric CantorR-VA-7 · Jun 20, 2014

Mr. Speaker, before I talk about today's schedule, I just want to thank the gentleman from Maryland for his very kind and generous remarks. I, too, have enjoyed the ability to get to know the…

Ann Kirkpatrick
Rep. Ann KirkpatrickD-AZ-1 · Jun 24, 2014

Madam Speaker, I rise in support of H.R. 4841, the bill I introduced to overhaul the VA. The Senate has passed this legislation, and now, we must act swiftly and pass the Veterans' Access to Care…

Lois Capps
Rep. Lois CappsD-CA-24 · Jun 24, 2014

Mr. Chairman, I thank my colleague--my respected colleague--Mr. Waxman for yielding time. Mr. Chairman, I rise in strong opposition to H.R. 3301. H.R. 3301 would eliminate meaningful review of the…

Paul Tonko
Rep. Paul TonkoD-NY-20 · Jun 24, 2014

I appreciate the gentleman from California, our distinguished ranker on the committee and former chair, for yielding. Mr. Chairman, it is unfortunate that the energy bills before us this week do not…

Bill Text

4 versions available

Reading Mode
Latest
Placed on Calendar SenateIssued June 26, 2014

II

Calendar No. 442

113th CONGRESS

2d Session

H. R. 3301

IN THE SENATE OF THE UNITED STATES

June 25, 2014

Received; read the first time

June 26, 2014

Read the second time and placed on the calendar

AN ACT

To require approval for the construction, connection, operation, or maintenance 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.

1.

Short title

This Act may be cited as the North American Energy Infrastructure Act.

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 facilities 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.

3.

Authorization of certain energy infrastructure projects at the national boundary of the United States

(a)

Authorization

Except as provided in subsection (c) and section 7, no person may construct, connect, operate, or maintain a cross-border segment of an oil pipeline 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.

(b)

Certificate of crossing

(1)

Requirement

Not later than 120 days after final action is taken under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a cross-border segment for which a request is received under this section, the relevant official identified under paragraph (2), in consultation with appropriate Federal agencies, shall issue a certificate of crossing for the cross-border segment unless the relevant official finds that the construction, connection, operation, or maintenance of the cross-border segment is not in the public interest of the United States.

(2)

Relevant official

The relevant official referred to in paragraph (1) is—

(A)

the Secretary of State with respect to oil pipelines; and

(B)

the Secretary of Energy with respect to electric transmission facilities.

(3)

Additional requirement for electric transmission facilities

In the case of a request for a certificate of crossing for the construction, connection, operation, or maintenance of a cross-border segment of an electric transmission facility, the Secretary of Energy shall require, as a condition of issuing the certificate of crossing for the request under paragraph (1), that the cross-border segment of the electric transmission facility be constructed, connected, 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 Organization or Independent System Operator with operational or functional control over the cross-border 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 transmission facility for the import or export of oil or the transmission 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 construction, connection, operation, or maintenance has previously been issued under this section; or

(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 certificate of crossing for the construction, connection, operation, 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 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.

(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.

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..

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 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..

6.

No Presidential permit required

No Presidential permit (or similar permit) required under Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3, United States Code, Executive Order No. 12038, Executive Order No. 10485, or any other Executive order shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, or any cross-border segment thereof.

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;

(2)

for which a permit described in section 6 for such construction, connection, operation, or maintenance 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.

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 enactment of this Act, publish in the Federal Register 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 enactment of this Act, publish in the Federal Register a final rule to carry out the applicable requirements of section 3.

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 boundary of the United States with either Canada or Mexico;

(2)

the term modification includes a reversal of flow direction, change in ownership, volume expansion, downstream or upstream interconnection, or adjustment to maintain flow (such as a reduction or increase in the number of pump or compressor stations);

(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 petroleum 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).

Passed the House of Representatives June 24, 2014.

Karen L. Haas,

Clerk

June 26, 2014

Read the second time and placed on the calendar