H.R. 2883House115th Congress (2017-2019)Passed House

Promoting Cross-Border Energy Infrastructure Act

Introduced June 12, 2017

AI-Generated Summary

Updated April 15, 2026 at 4:33 PM UTC

The Promoting Cross‑Border Energy Infrastructure Act creates a single, transparent process for approving the construction, connection, operation, and maintenance of oil, natural gas pipelines and electric transmission lines that cross U.S. borders. It requires a "certificate of crossing"—issued by the Federal Energy Regulatory Commission for pipelines and by the Secretary of Energy for electric facilities—within 120 days after a final NEPA decision. The bill also speeds up natural‑gas import/export approvals with Canada and Mexico, eliminates the need for a presidential permit, and exempts existing projects from the new certification.

Key Provisions

  • Any new border‑crossing oil, gas or electricity facility must obtain a certificate of crossing; the agency has 120 days after final NEPA action to issue it unless it finds the project not in the U.S. public interest.
  • FERC handles certificates for oil and gas pipelines; the Secretary of Energy handles certificates for electric transmission facilities.
  • Electric transmission facilities must meet all applicable reliability standards of the Electric Reliability Organization and any regional transmission organization or independent system operator.
  • Existing facilities (operating at enactment) and projects with permits already issued or pending are exempt from the new certificate requirement.
  • Amends the Natural Gas Act to require the Commission to decide on Canada/Mexico import or export applications within 30 days of receiving a complete application.
  • Repeals the Federal Power Act’s order‑requiring provision for electric transmission to Canada and Mexico and adjusts related statutory language.
  • Eliminates the requirement for a presidential permit for cross‑border oil, gas, or electric facilities.
  • Modifications to existing projects (e.g., flow changes, ownership changes) do not need a new certificate or permit.
  • The new rules take effect one year after enactment, with agencies required to publish proposed rules within 180 days and final rules within one year.

Legislative Activity

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34 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

July 20, 2017

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HouseIntro Referral

Introduced in House

June 12, 2017

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.

June 12, 2017

HouseCommittee

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

June 13, 2017

HouseCommittee

Referred to the Subcommittee on Energy.

June 16, 2017

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

June 22, 2017

HouseCommittee

Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 19 - 12 .

June 22, 2017

HouseCommittee

Committee Consideration and Mark-up Session Held.

June 28, 2017

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 31 - 20.

June 28, 2017

HouseCommittee

Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 115-225, Part I.

July 17, 2017

HouseCommittee

Committee on Transportation discharged.

July 17, 2017

HouseCommittee

Committee on Natural Resources discharged.

July 17, 2017

HouseCalendars

Placed on the Union Calendar, Calendar No. 160.

July 17, 2017

HouseFloor

Rules Committee Resolution H. Res. 454 Reported to House. Rule provides for consideration of H.R. 2910, H.R. 2883 and H.R. 218. The resolution makes in order at anytime on the legislative day of July 20, 2017, for the Speaker to entertain motions that the House suspend the rules, relating to the bill H.R. 2825. Also the rule provides that the Committee on Appropriations may at any time before 5 p.m. on Friday, July 21, 2017, file privileged reports to accompany measures making appropriations for the fiscal year ending September 30, 2018.

July 18, 2017 • 5:59 PM

HouseFloor

Considered under the provisions of rule H. Res. 454. (consideration: CR H6010-6023)

July 19, 2017 • 3:33 PM

HouseFloor

Rule provides for consideration of H.R. 2910, H.R. 2883 and H.R. 218. The resolution makes in order at anytime on the legislative day of July 20, 2017, for the Speaker to entertain motions that the House suspend the rules, relating to the bill H.R. 2825. Also the rule provides that the Committee on Appropriations may at any time before 5 p.m. on Friday, July 21, 2017, file privileged reports to accompany measures making appropriations for the fiscal year ending September 30, 2018.

July 19, 2017 • 3:33 PM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 454 and Rule XVIII.

July 19, 2017 • 3:34 PM

HouseFloor

The Speaker designated the Honorable John J. Duncan, Jr. to act as Chairman of the Committee.

July 19, 2017 • 3:34 PM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2883.

July 19, 2017 • 3:34 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 454, the Committee of the Whole proceeded with 10 minutes of debate on the Engel amendment No. 1.

July 19, 2017 • 4:15 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Engel amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Mr. Engel demanded a recorded vote, and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

July 19, 2017 • 4:19 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 454, the Committee of the Whole proceeded with 10 minutes of debate on the Tsongas amendment No. 2.

July 19, 2017 • 4:19 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Tsongas amendment, the Chair put the question on adoption of the amendment and by voice vote announced that the noes had prevailed. Ms. Tsongas demanded a recorded vote, and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

July 19, 2017 • 4:25 PM

HouseFloor

DEBATE - Pursuant to the provisions of H. Res. 454, the Committee of the Whole proceeded with 10 minutes of debate on the Gene Green (TX) amendment No. 3.

July 19, 2017 • 4:26 PM

HouseFloor

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

July 19, 2017 • 4:29 PM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2883.

July 19, 2017 • 5:05 PM

HouseFloor

The previous question was ordered pursuant to the rule.

July 19, 2017 • 5:05 PM

HouseFloor

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.

July 19, 2017 • 5:05 PM

HouseFloor

Mr. O'Halleran moved to recommit with instructions to the Committee on Energy and Commerce. (text: CR H6021)

July 19, 2017 • 5:07 PM

HouseFloor

DEBATE - The House proceeded with 10 minutes of debate on the O'Halleran 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 a requirement that all iron and steel products used in construction, connection, operation, and maintenance of the border-crossing facility be produced in the United States.

July 19, 2017 • 5:07 PM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection.

July 19, 2017 • 5:12 PM

HouseFloor

On motion to recommit with instructions Failed by recorded vote: 193 - 232 (Roll no. 397).

July 19, 2017 • 5:19 PM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 254 - 175 (Roll no. 398).(text of amendment in the nature of a substitute: CR H6017-6018)

July 19, 2017 • 5:25 PM

HouseFloor

On passage Passed by the Yeas and Nays: 254 - 175 (Roll no. 398). (text of amendment in the nature of a substitute: CR H6017-6018)

July 19, 2017 • 5:25 PM

HouseFloor

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

July 19, 2017 • 5:25 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

July 20, 2017

Floor Debate

24 members

What members said about H.R. 2883 on the floor

9 Republicans15 Democrats
Liz Cheney
Rep. Liz CheneyR-WY · Jul 19, 2017

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 454 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Adam Smith
Rep. Adam SmithD-WA-9 · Jul 14, 2017

Mr. Chairman, I simply associate myself with the remarks of Mr. Nadler. I think he explained the history of this law very, very well. It is a very basic principle. People who work on these cruise…

Mac Thornberry
Rep. Mac ThornberryR-TX-13 · Jul 14, 2017

Mr. Chairman, I ask unanimous consent to claim the time in opposition, even though I am not opposed to the amendment. Mr. Chairman, I support this amendment. I have supported it in the past. And as…

Kathy Castor
Rep. Kathy CastorD-FL-14 · Jul 19, 2017

Mr. Chair, I yield myself such time as I may consume. Mr. Chair, I rise in opposition to H.R. 2910. The bill shortcuts the important review process for interstate natural gas pipeline projects, a…

Fred Upton
Rep. Fred UptonR-MI-6 · Jul 19, 2017

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill, H.R. 2910. Mr. Chairman, I yield…

Show 8 more
Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · Jul 14, 2017

Mr. Chairman, I rise in opposition to this amendment. The amendment shifts workers who repair super yachts and large, luxury watercraft out of coverage under the Longshore and Harbor Workers'…

Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-25 · Jul 19, 2017

Mr. Speaker, I yield myself such time as I may consume, and I thank the gentlewoman from Wyoming for yielding me the customary 30 minutes. Mr. Speaker, the legislation before us today would put some…

Kevin McCarthy
Rep. Kevin McCarthyR-CA-23 · Jul 14, 2017

Mr. Speaker, I thank the gentleman for yielding. Mr. Speaker, on Monday, the House will meet at noon for morning hour and 2 p.m. for legislative business. Votes will be postponed until 6:30. On…

Stephen F. Lynch
Rep. Stephen F. LynchD-MA-8 · Jul 19, 2017

Mr. Chairman, I have an amendment at the desk Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, at the outset, I would like to thank Chairman Upton and Ms. Castor, the ranking…

Michelle Lujan Grisham
Rep. Michelle Lujan GrishamD-NM-1 · Jul 14, 2017

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

Claudia Tenney
Rep. Claudia TenneyR-NY-22 · Jul 14, 2017

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, my constituents are discouraged. They are fed up with political elites who have failed to represent them, and with special interest groups…

Jerrold Nadler
Rep. Jerrold NadlerD-NY-10 · Jul 14, 2017

Mr. Chairman, I claim the time in opposition. Mr. Chairman, I rise in opposition to this pernicious antilabor amendment that would do nothing but make it easier for U.S.- owned but foreign-flagged…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Jul 14, 2017

Mr. Speaker, I rise to inquire of the majority leader the schedule for the week to come, and I yield to my friend, Majority Leader McCarthy from California. (Mr. McCARTHY asked and was given…

Show 11 more
Bobby L. Rush
Rep. Bobby L. RushD-IL-1 · Jul 19, 2017

Mr. Chair, I want to thank the gentlewoman from Florida (Ms. Castor), a wonderful colleague and a Member who has really shown extraordinary leadership on this matter and other matters that appear…

Bill Flores
Rep. Bill FloresR-TX-17 · Jul 19, 2017

Mr. Chairman, I thank Chairman Upton for yielding me time in his effort to bring this bill to the floor today. Mr. Chairman, I rise today to urge my colleagues to support H.R. 2910. Thanks to the…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-9 · Jul 19, 2017

Mr. Speaker, I thank the ranking member and spokesman for the other side. Before I give my remarks, I don't think this is an either/or proposition, Mr. Speaker. Some of the things that my friend from…

Joe Courtney
Rep. Joe CourtneyD-CT-2 · Jul 14, 2017

Mr. Chairman, I rise in opposition to the amendment. Mr. Chairman, I rise in opposition to this amendment that is offered by my good friend from Alabama (Mr. Byrne). I would just note that this is an…

Jacky Rosen
Rep. Jacky RosenD-NV-3 · Jul 14, 2017

Mr. Chair, I rise in support of Congressman Lamborn's amendment to the National Defense Authorization Act to require the President, the Secretary of Defense, the Secretary of State, and the Director…

Bonnie Watson Coleman
Rep. Bonnie Watson ColemanD-NJ-12 · Jul 19, 2017

Mr. Chair, I would like to take this opportunity to thank my colleague from Florida for yielding me some time to speak on what I consider to be a very important issue. Mr. Chair, I rise to strongly…

Don Young
Rep. Don YoungR-AK · Jul 19, 2017

Mr. Speaker, I listened to people on the other side. This is a good rule. I want to compliment the Rules Committee. It is crucially important to recognize that this is an issue that means lives: 19…

Niki Tsongas
Rep. Niki TsongasD-MA-3 · Jul 19, 2017

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, my amendment protects a robust public review process for any proposed pipeline that seeks to cross protected conservation and recreation…

Bradley Byrne
Rep. Bradley ByrneR-AL-1 · Jul 14, 2017

Mr. Chairman, I rise as the designee of the gentlewoman from Florida, and I have an amendment at the desk. Mr. Chairman, this straightforward and bipartisan amendment would provide important clarity…

Steve King
Rep. Steve KingR-IA-4 · Jul 19, 2017

Mr. Speaker, I am privileged to be recognized by the gentlewoman from Wyoming, and I rise in support of this combined rule that we have here. I thought it was important that I speak to some of the…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Jul 14, 2017

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I rise in support of the McGovern- Emmer amendment, which would simply create a service medal to be awarded to atomic veterans or their…

Bill Text

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Referred in SenateIssued July 20, 2017

IIB

115th CONGRESS

1st Session

H. R. 2883

IN THE SENATE OF THE UNITED STATES

July 20, 2017

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.


1.

Short title

This Act may be cited as the Promoting Cross-Border Energy Infrastructure Act.

2.

Approval for border-crossing facilities

(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 permit described in subsection (d) for the construction, connection, operation, or maintenance has been issued; or

(C)

if an application for a permit described in subsection (d) 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.

(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.

(D)

Scope of NEPA review

Nothing in this Act, or the amendments made by this Act, shall affect the scope of any review required to be conducted under section 102 of the National Environmental Policy Act of 1969 with respect to a project for which a certificate of crossing for a border-crossing facility is requested under this subsection.

(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) 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 border-crossing facility thereof.

(e)

Modifications to existing projects

No certificate of crossing under subsection (a), or permit described in subsection (d), 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 permit described in subsection (d) has been issued; or

(3)

a border-crossing facility for which a certificate of crossing has previously been issued under subsection (a).

(f)

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).

(g)

Definitions

In this section—

(1)

the term border-crossing facility means the portion of an oil or natural gas pipeline or electric transmission facility that is located at an international boundary of the United States;

(2)

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)

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 July 19, 2017.

Karen L. Haas,

Clerk.