[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3829 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 3829
To address actions for applications to export liquefied natural gas,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2024
Mr. Barrasso (for himself and Mr. Cassidy) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To address actions for applications to export liquefied natural gas,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``LNG Security Act''.
SEC. 2. ACTION ON APPLICATIONS TO EXPORT LIQUEFIED NATURAL GAS.
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Public Interest.--
``(1) In general.--For purposes of subsection (a), all of
the following shall be deemed to be consistent with the public
interest and applications for such importation or exportation
shall be granted without modification or delay:
``(A) The importation of natural gas referred to in
subsection (b).
``(B) The exportation of natural gas to a nation
with which there is in effect a free trade agreement
requiring national treatment for trade in natural gas.
``(C) The exportation of natural gas to a nation
that--
``(i) imports, directly or indirectly,
natural gas (including liquefied natural gas)
from the Russian Federation or the Islamic
Republic of Iran;
``(ii) has the physical capability to
import, directly or indirectly, natural gas
(including liquefied natural gas) from the
Russian Federation or the Islamic Republic of
Iran; or
``(iii) has previously imported, directly
or indirectly, natural gas (including liquefied
natural gas) from the Russian Federation or the
Islamic Republic of Iran.
``(2) Exclusions.--Paragraph (1) shall not apply with
respect to the exportation of natural gas--
``(A) to any nation that is subject to sanctions
imposed by the United States; or
``(B) to any nation that is designated as excluded
from that paragraph by an Act of Congress.'';
(2) in subsection (e)(3)(A), by inserting ``and subsection
(g)'' after ``subparagraph (B)''; and
(3) by adding at the end the following:
``(g) Action on Applications To Export LNG.--
``(1) Definitions.--In this subsection:
``(A) Covered application.--The term `covered
application' means an application submitted with
respect to a covered facility for an authorization to
export natural gas under subsection (a).
``(B) Covered facility.--The term `covered
facility' means a liquefied natural gas export facility
for which a proposal to site, construct, expand, or
operate is required to be approved under subsection
(e).
``(2) Decision deadline.--The Commission shall issue a
final decision on a covered application not later than 45 days
after the later of--
``(A) the date on which each review required under
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) with respect to the siting,
construction, expansion, or operation of the covered
facility that is the subject of the covered application
is published; and
``(B) the date of enactment of this subsection.
``(3) Untimely final decision.--
``(A) In general.--If the Commission fails to issue
a final decision under paragraph (2) by the applicable
date required under that paragraph, the covered
application shall be considered approved, and the
environmental review shall be considered sufficient to
satisfy all requirements of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
``(B) Final agency action.--A determination under
subparagraph (A) shall be considered to be a final
agency action.
``(4) Judicial review.--
``(A) Jurisdiction.--Except for review in the
Supreme Court of the United States, the court of
appeals of the United States for the circuit in which a
covered facility is, or will be, located pursuant to a
covered application shall have original and exclusive
jurisdiction over any civil action for the review of an
order issued by the Commission with respect to the
covered application.
``(B) Expedited review.--The applicable United
States Court of Appeals shall--
``(i) set any civil action brought under
this subsection for expedited review; and
``(ii) set the action on the docket as soon
as practicable after the filing date of the
initial pleading.
``(C) Transfer of existing actions.--In the case of
a covered application for which a petition for review
has been filed as of the date of enactment of this
subsection, the petition shall be--
``(i) on a motion by the applicant,
transferred to the court of appeals of the
United States in which the covered facility
that is the subject of the covered application
is, or will be, located; and
``(ii) adjudicated in accordance with this
paragraph.''.
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