II 118th CONGRESS 2d Session S. 3704 IN THE SENATE OF THE UNITED STATES January 31, 2024 Mr. Scott of South Carolina (for himself, Mr. Hagerty , Mr. Crapo , Mr. Risch , Mr. Mullin , Ms. Ernst , Mr. Hoeven , Mr. Ricketts , Mr. Scott of Florida , Mr. Cassidy , Mr. Budd , Mrs. Britt , Mr. Thune , Mr. Tillis , Mr. Rounds , Mr. Cotton , Mr. Kennedy , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Natural Gas Act to allow the Federal Energy Regulatory Commission to approve or deny applications for the siting, construction, expansion, or operation of facilities to export or import natural gas, and for other purposes.

1. Short title This Act may be cited as the Unlocking Domestic LNG Potential Act of 2024 . 2. Advancing United States global leadership Section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) is amended— (1) by striking subsections (a) through (c); (2) by redesignating subsections (d), (e), and (f) as subsections (c), (a), and (b), respectively, and reordering accordingly; and (3) by striking the section designation and heading and all that follows through the period at the end of paragraph (1) of subsection (a) (as so redesignated) and inserting the following: 3. LNG terminals; authority of the President to prohibit imports or exports of natural gas (a) LNG terminals (1) Authority of the Commission (A) In general The Federal Energy Regulatory Commission shall have the exclusive authority to approve or deny an application for the siting, construction, expansion, or operation of a facility, including an LNG terminal, to export natural gas from the United States to a foreign country or import natural gas from a foreign country. (B) Public interest In determining whether to approve or deny an application described in subparagraph (A), the Federal Energy Regulatory Commission shall deem the importation or exportation of natural gas to be consistent with the public interest. (C) Effect Except as specifically provided in this Act, nothing in this Act affects otherwise applicable law relating to the authority or responsibility of any Federal agency relating to facilities, including LNG terminals, to import or export natural gas. ; and (4) by adding at the end the following: (d) Rule of construction relating to authority To prohibit imports or exports (1) Definition of State sponsor of terrorism In this subsection, the term state sponsor of terrorism means a country the government of which the Secretary of State determines has repeatedly provided support for international terrorism pursuant to— (A) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A) ); (B) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); (C) section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ); or (D) any other provision of law. (2) Rule of construction Nothing in this Act limits the authority of the President under the Constitution or any provision of law described in paragraph (3) to prohibit imports or exports. (3) Provisions of law described The provisions of law referred to in paragraph (2) are— (A) the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ); (B) the National Emergencies Act ( 50 U.S.C. 1601 et seq. ); (C) part B of title II of the Energy Policy and Conservation Act ( 42 U.S.C. 6271 et seq. ); (D) the Trading with the Enemy Act ( 50 U.S.C. 4301 et seq. ); and (E) any other provision of law that— (i) imposes sanctions with respect to a foreign person or foreign government, including the government of a country that is designated as a state sponsor of terrorism; or (ii) prohibits or restricts United States persons from engaging in a transaction with a person or government subject to sanctions imposed by the United States. .