[Congressional Record Volume 170, Number 23 (Thursday, February 8, 2024)]
[Senate]
[Page S507]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1404. Mr. BARRASSO (for himself and Mr. Cassidy) submitted an
amendment intended to be proposed to amendment SA 1388 submitted by
Mrs. Murray (for herself and Mr. Schumer) and intended to be proposed
to the bill H.R. 815, to amend title 38, United States Code, to make
certain improvements relating to the eligibility of veterans to receive
reimbursement for emergency treatment furnished through the Veterans
Community Care program, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place in division A, insert the
following:
SEC. ____. 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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