[Congressional Record Volume 166, Number 42 (Tuesday, March 3, 2020)]
[Senate]
[Page S1348]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1404. Mr. BARRASSO (for himself and Mr. Cramer) submitted an 
amendment intended to be proposed by him to the bill S. 2657, to 
support innovation in advanced geothermal research and development, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle H of title I, add the following:

     SEC. 18____. ACTION ON APPLICATIONS TO EXPORT NATURAL GAS.

       (a) Decision Deadline.--For proposals that must also obtain 
     authorization from the Federal Energy Regulatory Commission 
     or the United States Maritime Administration to site, 
     construct, expand, or operate liquefied natural gas export 
     facilities, the Secretary shall issue a final decision on any 
     application for the authorization to export natural gas under 
     section 3(a) of the Natural Gas Act (15 U.S.C. 717b(a)) not 
     later than 45 days after the later of--
       (1) the conclusion of the review to site, construct, 
     expand, or operate the liquefied natural gas export 
     facilities required by the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.); and
       (2) the date of enactment of this Act.
       (b) Conclusion of Review.--For purposes of subsection (a), 
     review required by the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) shall be considered concluded 
     when the lead agency--
       (1) for a project requiring an Environmental Impact 
     Statement, publishes a Final Environmental Impact Statement;
       (2) for a project for which an Environmental Assessment has 
     been prepared, publishes a Finding of No Significant Impact; 
     or
       (3) determines that an application is eligible for a 
     categorical exclusion pursuant to National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.) implementing 
     regulations.
       (c) Judicial Action.--
       (1) Jurisdiction.--The United States Court of Appeals for 
     the District of Columbia Circuit or the circuit in which the 
     liquefied natural gas export facility will be located 
     pursuant to an application described in subsection (a) shall 
     have original and exclusive jurisdiction over any civil 
     action for the review of--
       (A) an order issued by the Secretary with respect to the 
     application; or
       (B) the failure of the Secretary to issue a final decision 
     on the application.
       (2) Order to issue decision.--If the Court in a civil 
     action described in paragraph (1) finds that the Secretary 
     has failed to issue a decision on the application as required 
     under subsection (a), the Court shall order the Secretary to 
     issue the decision not later than 30 days after the order of 
     the Court.
       (3) Expedited consideration.--The Court shall set any civil 
     action brought under this subsection for expedited 
     consideration and shall set the matter on the docket as soon 
     as practical after the filing date of the initial pleading.
       (4) Appeals.--In the case of an application described in 
     subsection (a) for which a petition for review has been 
     filed--
       (A) upon motion by an applicant, the matter shall be 
     transferred to the United States Court of Appeals for the 
     District of Columbia Circuit or the circuit in which a 
     liquefied natural gas export facility will be located 
     pursuant to an application described in section 3(a) of the 
     Natural Gas Act (15 U.S.C. 717b(a)); and
       (B) the provisions of this section shall apply.
                                 ______