[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5803-S5804]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6277. Mr. CASSIDY submitted an amendment intended to be proposed
to amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe)
and intended to be proposed to the bill H.R. 7900, to authorize
appropriations for fiscal year 2023 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for
[[Page S5804]]
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XXXI, add the following:
SEC. 31__. EXPORTATION OR IMPORTATION OF NATURAL GAS.
(a) Findings.--Congress finds that--
(1) the exportation of natural gas produced in the United
States is in the interest of the United States; and
(2) because natural gas produced in the United States has a
lower greenhouse gas emissions profile than other energy
sources used in high volumes in other countries, the
exportation of natural gas from the United States may help
lower global emissions of carbon dioxide.
(b) Regulatory Authority Clarification.--Section 2(9) of
the Natural Gas Act (15 U.S.C. 717a(9)) is amended by
striking ``Power'' and inserting ``Energy Regulatory''.
(c) Exportation or Importation of Natural Gas.--
(1) In general.--Section 3 of the Natural Gas Act (15
U.S.C. 717b) is amended--
(A) by striking the section heading and all that follows
through ``(a) After'' and inserting the following:
``SEC. 3. EXPORTATION OR IMPORTATION OF NATURAL GAS; LNG
TERMINALS.
``(a) Authorization to Export or Import Natural Gas.--
``(1) In general.--After'';
(B) in subsection (a)--
(i) in paragraph (1) (as so designated)--
(I) by striking the second sentence and inserting the
following: ``The proposed exportation or importation shall be
deemed to be consistent with the public interest, and the
Commission shall issue such order upon application without
modification or delay.''; and
(II) in the third sentence, by striking ``by its order''
and all that follows through the period at the end of the
sentence and inserting ``condition the order on a requirement
that the applicant, on request, provide relevant data to the
Commission to facilitate the information collection and
statistical activities of the Commission.''; and
(ii) by adding at the end the following:
``(2) Prohibitions.--
``(A) Prohibition on restricting natural gas importation or
exportation.--Except as provided in paragraph (1) and
subparagraph (C) or in any Federal authorization to export
natural gas from the United States to a foreign country or to
import natural gas into the United States from a foreign
country in effect on the date of enactment of the James M.
Inhofe National Defense Authorization Act for Fiscal Year
2023, to promote the efficient exploration, production,
storage, supply, marketing, pricing, and regulation of energy
resources, including fossil fuels, no employee of the Federal
Government shall impose or enforce any restriction or
condition on--
``(i) the exportation of natural gas from the United States
to a foreign country; or
``(ii) the importation of natural gas into the United
States from a foreign country.
``(B) Treatment of imported natural gas.--The Commission
shall not treat, on the basis of national origin, any
imported natural gas on an unjust, unreasonable, unduly
discriminatory, or preferential basis.
``(C) Prohibition on import from or export to certain
nations.--The export of natural gas to, or the import of
natural gas from, a nation subject to sanctions imposed by
the United States is prohibited.
``(3) Consideration of exported natural gas as a first
sale.--The exportation of natural gas to a foreign country
from the United States shall be considered to be a first sale
(as defined in section 2 of the Natural Gas Policy Act of
1978 (15 U.S.C. 3301)).'';
(C) in subsection (e)--
(i) by striking ``(e)(1) The Commission'' and inserting the
following:
``(e) LNG Terminals.--
``(1) Authority.--
``(A) In general.--Except for those matters deemed to be
consistent with the public interest pursuant to subsection
(a), the Commission'';
(ii) in paragraph (1)--
(I) in subparagraph (A) (as so designated), in the second
sentence, by striking ``Except as'' and inserting the
following:
``(C) Effect.--Except as''; and
(II) by inserting after subparagraph (A) (as so designated)
the following:
``(B) Approval.--
``(i) In general.--The Commission shall issue an order
approving an application for the siting, construction,
expansion, or operation of an LNG terminal unless, after
opportunity for hearing in accordance with paragraph (2), the
Commission finds that the proposed siting, construction,
expansion, or operation of the LNG terminal will not be
consistent with the public interest.
``(ii) Supplemental order.--The Commission may from time to
time, after opportunity for hearing, and for good cause
shown, make such supplemental order in the premises as the
Commission may find necessary or appropriate.'';
(D) by striking subsections (b) and (c); and
(E) by redesignating subsections (d) through (f) as
subsections (b) through (d), respectively.
(2) Effect.--The amendments made by paragraph (1) shall not
affect any Federal authorization to export natural gas from
the United States to a foreign country or to import natural
gas into the United States from a foreign country in effect
on the date of enactment of this Act.
______