HR 3062: Promoting Cross-border Energy Infrastructure Act

HR 3062 in plain English: This bill creates a new congressional approval process for energy infrastructure that crosses U.S. borders with Canada or Mexico, replacing the current system based on executive orders. It requires companies to obtain a 'certificate of crossing' from either FERC or the Department of Energy before building or operating cross-border oil, natural gas, or electricity facilities. It also requires the President to get congressional approval before revoking any existing permits for such facilities.

Stated purpose

The bill aims to establish a more uniform, transparent, and modern process for authorizing the construction, connection, operation, and maintenance of energy infrastructure—such as oil and natural gas pipelines and electric transmission lines—that crosses U.S. international borders with Canada and Mexico.

Key points

• Replaces existing executive order-based permit process for cross-border energy infrastructure with a new statutory process
• Requires a 'certificate of crossing' for any oil, gas pipeline, or electric transmission facility crossing into Canada or Mexico
• FERC oversees oil and natural gas pipeline certificates; Department of Energy oversees electric transmission certificates
• Sets deadlines for FERC and DOE to issue certificates and for FERC to approve natural gas import/export applications
• Requires congressional approval before the President can revoke existing cross-border energy permits

Arguments supporters make

• Moving permit authority from the President to independent regulatory agencies like FERC and DOE creates a more consistent, rules-based process less subject to political changes between administrations.
• Mandatory deadlines for agencies to act give businesses predictability and could speed up energy infrastructure projects that support North American energy supply.
• Requiring congressional approval before revoking existing permits protects completed or ongoing energy investments from sudden policy reversals by any single administration.

Arguments opponents make

• Shifting approval power away from the President reduces the executive branch's ability to weigh national security, diplomatic, and foreign policy considerations when deciding whether a cross-border energy project should proceed.
• Mandatory timelines and a presumption toward approval may limit the thoroughness of environmental and public interest reviews for projects with significant ecological or community impacts.
• Locking in existing permits and requiring Congress to approve revocations could make it harder to respond quickly if a cross-border energy project later poses safety, environmental, or geopolitical risks.

Tradeoffs

The bill trades presidential and executive flexibility for regulatory consistency and speed, giving independent agencies more decision-making power while making it harder for any administration to block or reverse cross-border energy projects on broader policy grounds.

Current status in Congress: Passed House.

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