II 

118TH CONGRESS 

2D SESSION S. 3829 

To address actions for applications to export liquefied natural gas, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 28, 2024 

Mr. BARRASSO (for himself and Mr. CASSIDY) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To address actions for applications to export liquefied natural 

gas, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘LNG Security Act’’. 

5 SEC. 2. ACTION ON APPLICATIONS TO EXPORT LIQUEFIED 

6 NATURAL GAS. 

7 Section 3 of the Natural Gas Act (15 U.S.C. 717b) 

8 is amended— 

9 (1) by striking subsection (c) and inserting the 

10 following: 


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1 ‘‘(c) PUBLIC INTEREST.— 

2 ‘‘(1) IN GENERAL.—For purposes of subsection 

3 (a), all of the following shall be deemed to be con4 sistent with the public interest and applications for 

5 such importation or exportation shall be granted 

6 without modification or delay: 

7 ‘‘(A) The importation of natural gas re8 ferred to in subsection (b). 

9 ‘‘(B) The exportation of natural gas to a 

10 nation with which there is in effect a free trade 

11 agreement requiring national treatment for 

12 trade in natural gas. 

13 ‘‘(C) The exportation of natural gas to a 

14 nation that— 

15 ‘‘(i) imports, directly or indirectly, 

16 natural gas (including liquefied natural 

17 gas) from the Russian Federation or the 

18 Islamic Republic of Iran; 

19 ‘‘(ii) has the physical capability to im20 port, directly or indirectly, natural gas (in21 cluding liquefied natural gas) from the 

22 Russian Federation or the Islamic Repub23 lic of Iran; or 

24 ‘‘(iii) has previously imported, directly 

25 or indirectly, natural gas (including liqueVerDate Sep 11 2014 01:01 Mar 01, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3829.IS S3829

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1 fied natural gas) from the Russian Federa2 tion or the Islamic Republic of Iran. 

3 ‘‘(2) EXCLUSIONS.—Paragraph (1) shall not 

4 apply with respect to the exportation of natural 

5 gas— 

6 ‘‘(A) to any nation that is subject to sanc7 tions imposed by the United States; or 

8 ‘‘(B) to any nation that is designated as 

9 excluded from that paragraph by an Act of 

10 Congress.’’; 

11 (2) in subsection (e)(3)(A), by inserting ‘‘and 

12 subsection (g)’’ after ‘‘subparagraph (B)’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(g) ACTION ON APPLICATIONS TO EXPORT LNG.— 

15 ‘‘(1) DEFINITIONS.—In this subsection: 

16 ‘‘(A) COVERED APPLICATION.—The term 

17 ‘covered application’ means an application sub18 mitted with respect to a covered facility for an 

19 authorization to export natural gas under sub20 section (a). 

21 ‘‘(B) COVERED FACILITY.—The term ‘cov22 ered facility’ means a liquefied natural gas ex23 port facility for which a proposal to site, con24 struct, expand, or operate is required to be ap25 proved under subsection (e). 


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1 ‘‘(2) DECISION DEADLINE.—The Commission 

2 shall issue a final decision on a covered application 

3 not later than 45 days after the later of— 

4 ‘‘(A) the date on which each review re5 quired under the National Environmental Pol6 icy Act of 1969 (42 U.S.C. 4321 et seq.) with 

7 respect to the siting, construction, expansion, or 

8 operation of the covered facility that is the sub9 ject of the covered application is published; and 

10 ‘‘(B) the date of enactment of this sub11 section. 

12 ‘‘(3) UNTIMELY FINAL DECISION.— 

13 ‘‘(A) IN GENERAL.—If the Commission 

14 fails to issue a final decision under paragraph 

15 (2) by the applicable date required under that 

16 paragraph, the covered application shall be con17 sidered approved, and the environmental review 

18 shall be considered sufficient to satisfy all re19 quirements of the National Environmental Pol20 icy Act of 1969 (42 U.S.C. 4321 et seq.). 

21 ‘‘(B) FINAL AGENCY ACTION.—A deter22 mination under subparagraph (A) shall be con23 sidered to be a final agency action. 

24 ‘‘(4) JUDICIAL REVIEW.— 


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1 ‘‘(A) JURISDICTION.—Except for review in 

2 the Supreme Court of the United States, the 

3 court of appeals of the United States for the 

4 circuit in which a covered facility is, or will be, 

5 located pursuant to a covered application shall 

6 have original and exclusive jurisdiction over any 

7 civil action for the review of an order issued by 

8 the Commission with respect to the covered ap9 plication. 

10 ‘‘(B) EXPEDITED REVIEW.—The applicable 

11 United States Court of Appeals shall— 

12 ‘‘(i) set any civil action brought under 

13 this subsection for expedited review; and 

14 ‘‘(ii) set the action on the docket as 

15 soon as practicable after the filing date of 

16 the initial pleading. 

17 ‘‘(C) TRANSFER OF EXISTING ACTIONS.— 

18 In the case of a covered application for which 

19 a petition for review has been filed as of the 

20 date of enactment of this subsection, the peti21 tion shall be— 

22 ‘‘(i) on a motion by the applicant, 

23 transferred to the court of appeals of the 

24 United States in which the covered facility 


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1 that is the subject of the covered applica2 tion is, or will be, located; and 

3 ‘‘(ii) adjudicated in accordance with 

4 this paragraph.’’. 

Æ 


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