Creates a new federal permitting system that requires a "certificate of crossing" for most new oil, natural gas, and electric transmission facilities that cross the U.S. border. It names which federal agencies must act, sets deadlines for agency decisions and rulemaking, alters how certain electricity transfers and natural gas exports to Canada and Mexico are authorized, and prevents the President from revoking some existing cross‑border permits without an Act of Congress. The change exempts certain existing or pending projects, includes definitions and exclusions, and aims to speed and standardize federal review and approval timelines for cross‑border energy infrastructure while shifting some control away from the Presidential permit process to a statutorily defined agency process.
Requires that no person may construct, connect, operate, or maintain a border-crossing facility for import/export of oil or natural gas, or transmission of electricity across a U.S. international border without obtaining a certificate of crossing under this subsection, except as provided by specified exclusions.
Requires the relevant official or agency to issue a certificate of crossing not later than 120 days after final NEPA action on a facility for which a certificate is requested, unless the official/agency finds the project is not in the public interest; the decision must be made in consultation with appropriate Federal agencies.
Identifies the relevant official or agency for issuing certificates: (i) Federal Energy Regulatory Commission (FERC) for oil or natural gas pipeline border-crossing facilities; (ii) Secretary of Energy for electric transmission border-crossing facilities.
For electric transmission border-crossing facilities, conditions the certificate on construction/operation consistent with (i) Electric Reliability Organization and the applicable regional entity policies and standards, and (ii) any Regional Transmission Organization (RTO) or Independent System Operator (ISO) with operational or functional control.
Excludes from the certificate requirement: (A) border-crossing facilities already operating as of the date of enactment; (B) facilities for which a Presidential permit (or similar permit) has already been issued; (C) facilities with a pending Presidential permit application on the date of enactment, until the earlier of denial or two years after enactment if a permit has not been issued by that date.
Who is affected and how:
Project developers and owners/operators: Companies planning or owning cross‑border oil, natural gas, and electric transmission projects will need to apply for a certificate of crossing and meet the new statutory criteria and timelines. Developers may benefit from clearer, standardized rules and faster, predictable timelines; they may also face new procedural requirements and conditions.
Federal agencies: Agencies named in the statute will take on defined review and decision responsibilities and must complete rulemaking and adhere to statutory deadlines. That creates administrative workload and exposure to missed‑deadline consequences or litigation.
Existing permit holders and Presidential authority: Holders of certain existing cross‑border permits gain statutory protection from unilateral revocation by the President, unless Congress acts. This reduces executive discretion over some legacy authorizations and may affect how agencies and the White House handle cross‑border permits going forward.
International partners (Canada and Mexico): Changes in how electricity transfers are authorized and a faster review process for natural gas exports may alter bilateral energy trade flows and negotiation dynamics; utilities and energy buyers across the border could see quicker approvals but also new regulatory conditions.
Communities and environmental stakeholders: While the bill aims to speed approvals, environmental and community review processes (e.g., required environmental reviews and consultation) may still apply; stakeholders could see faster project decisions but may have concerns about compressed timelines limiting engagement or review depth.
Energy markets and reliability: Streamlined approvals for cross‑border energy infrastructure could improve supply flexibility and reliability in border regions, impacting prices and the availability of fuel and electricity in affected markets.
Risks and tradeoffs:
Updated 9 hours ago
Last progress September 16, 2025 (4 months ago)
3 meetings related to this legislation
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Last progress September 19, 2025 (4 months ago)
Introduced on April 29, 2025 by Julie Fedorchak