[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.
                                 ______