Public interest criteria under the Natural Gas Act

(a)

Public interest criteria

Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended—(1)in subsection (a)—(A)in the third sentence, by striking The Commission may and inserting the following:

(3)

Authority

The Commission may

;

(B)in the second sentence—(i)by inserting , subject to subsection (c) after public interest; and(ii)by striking The Commission shall and all that follows through will not be and inserting the following:

(2)

Public interest

The Commission may issue such order upon application, after an opportunity for hearing, if the Commission finds that the proposed exportation or importation is

; and

(C)by striking (a) After six months and inserting the following:

(a)

Authorization order

(1)

In general

After 6 months

; and

(2)by striking subsection (c) and inserting the following:

(c)

Public interest criteria

(1)

Definitions

In this subsection:(A)

Country of concern

The term country of concern means—(i)Russia;(ii)China;(iii)North Korea;(iv)Iran; and (v) any other country that, after public notice and comment, the Secretary of Energy, in consultation with the Secretary of Defense, the Secretary of State, and the Director of National Intelligence, determines to be engaged in conduct that is detrimental to the national security or foreign policy of the United States. (B)

Scope 1 emissions

The term scope 1 emissions means direct emissions that occur from sources that are controlled or owned by an organization.(C)

Scope 2 emissions

The term scope 2 emissions means indirect greenhouse gas emissions associated with the purchase of electricity, steam, heat, or cooling.(D)

Scope 3 emissions

The term scope 3 emissions means all indirect greenhouse gases produced in a value chain of a company, excluding purchased electricity.(2)

Public interest activities and outcomes

(A)

In general

For the purposes of subsection (a)(2), with respect to the import or export of natural gas—(i)the Commission shall consider the public interest broadly, including environmental impacts and affordability; and(ii)the activities and outcomes described in subparagraph (B) are not consistent with the public interest.(B)

Activities and outcomes

The activities and outcomes referred to in subparagraph (A) are:(i)Increasing the price of natural gas for households or industries in the United States.(ii)Increasing greenhouse gas emissions, including the consideration of all scope 1 emissions, scope 2 emissions, and scope 3 emissions.(iii)Supplying energy to a country of concern.(3)

Rulemaking

Not later than 30 days after the date of enactment of the Protecting Americans from High Electricity Prices Act of 2026, the Commission shall promulgate regulations establishing the procedures and criteria to be used for determining whether an import or export of natural gas is consistent with the public interest under subsection (a)(2), including consideration of the matters described in paragraph (2), and, with respect to greenhouse gas emissions, the consideration of all scope 1 emissions, scope 2 emissions, and scope 3 emissions.

(b)

Savings clause

Nothing in this Act or the amendments made by this Act—(1)is intended as a statement of congressional intent with respect to the authority of the Federal Energy Regulatory Commission or the Secretary of Energy under the Natural Gas Act (15 U.S.C. 717 et seq.);(2)precludes the Federal Energy Regulatory Commission or the Secretary of Energy from considering the impact of export of natural gas on households, businesses, or natural gas-dependent industries in the United States when carrying out the Natural Gas Act (15 U.S.C. 717 et seq.) or any other applicable law;(3)precludes the Secretary of Energy from determining that the export of natural gas is not consistent with the public interest pursuant to section 3 of the Natural Gas Act (15 U.S.C. 717b); or(4)precludes the Federal Energy Regulatory Commission from determining that the export of natural gas is not in service of public convenience or necessity pursuant to section 7 of the Natural Gas Act (15 U.S.C. 717f) because it raises prices on households, businesses, or natural gas-dependent industries in the United States.(c)

Conforming amendments

Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended—(1)in subsection (b), by striking (b) With respect to and inserting the following:

(b)

Free trade agreement

With respect to

;

(2)in subsection (d), by striking (d) Except as and inserting the following:

(d)

Construction with other laws

Except as

;

(3)in subsection (e)— (A) by striking (e) (1) The Commission and inserting the following:

(e)

LNG terminals

(1)

Authority

The Commission

;

(B)in paragraph (2)—(i)by striking (2) Upon the filing and inserting the following:

(2)

Filing

On the filing

; and

(ii)by indenting subparagraphs (A) through (D) appropriately;(C)in paragraph (3)— (i) by striking (3) (A) Except as provided and inserting the following:

(3)

Discretion

(A)

In general

Except as provided

;

(ii)by indenting subparagraphs (B) and (C) appropriately;(iii)in subparagraph (B)—(I)by striking (B) Before January and inserting the following:

(B)

Limitations

Before January

;

(II)by indenting clauses (i) and (ii) appropriately; and(III)in clause (ii), by indenting subclauses (I) through (III) appropriately; and(iv)in subparagraph (C), by striking (C) Subparagraph (B) shall and inserting the following:

(C)

Sunset

Subparagraph (B) shall

; and

(D)in paragraph (4), by striking (4) An order and inserting the following:

(4)

Limitations

An order

; and

(4)in subsection (f)—(A)in paragraph (1)—(i)in subparagraph (A), by striking ; and and inserting a period; and(ii)in subparagraph (B), by striking (B) does not include and inserting the following:

(B)

Exclusion

The term military installation does not include

;

(B)by striking the subsection designation and all that follows through means a base in paragraph (1)(A) and inserting the following:

(f)

Military installations

(1)

Definition of military installation

(A)

In general

In this subsection, the term military installation means a base

;

(C)in paragraph (2), by striking (2) The Commission shall and inserting the following:

(2)

Memorandum of understanding

The Commission shall

; and

(D)in paragraph (3), by striking (3) The Commission shall and inserting the following:

(3)

Concurrence

The Commission shall