[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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