What This Bill Does
This bill removes restrictions on selling natural gas to other countries and buying natural gas from other countries. It changes which federal agency decides whether these natural gas import and export projects can happen.
##
Who It Affects
The Federal Energy Regulatory Commission (FERC), which is the federal agency that approves major energy projects. Companies that want to build or operate natural gas export or import facilities, including liquefied natural gas (LNG) terminals. Foreign countries that buy or sell natural gas to the United States.
##
Key Provisions
- The Federal Energy Regulatory Commission gets sole authority to approve or deny applications for building or operating facilities that export or import natural gas, including LNG terminals (facilities that cool natural gas into liquid form for easier transport). (Sec. 2)
- When the Federal Energy Regulatory Commission reviews applications, it must decide that exporting or importing natural gas is in the public interest. (Sec. 2)
- The President keeps the power to block natural gas imports or exports for national security reasons or if a country is designated as a state sponsor of terrorism (a country the Secretary of State determines has repeatedly helped international terrorist groups). (Sec. 2)
##
What Changes
The Federal Energy Regulatory Commission becomes the single decision-maker for approving natural gas export and import facilities. The law assumes that natural gas trade with other countries serves the public interest unless other existing laws say otherwise.
##
Important Definitions
The bill defines "state sponsor of terrorism" as a country whose government the Secretary of State determines has repeatedly provided support for international terrorism under specific laws listed in the bill.
##
IB
Union Calendar No. 11
118TH CONGRESS
1ST SESSION H. R. 1130
[Report No. 118–18]
To repeal restrictions on the export and import of natural gas.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 21, 2023
Mr. JOHNSON of Ohio introduced the following bill; which was referred to the
Committee on Energy and Commerce
MARCH 23, 2023
Additional sponsors: Mr. BALDERSON, Mr. DUNCAN, Mr. MIKE GARCIA of
California, Mr. CURTIS, Mr. GRIFFITH, Mr. BUCSHON, and Mrs. LESKO
MARCH 23, 2023
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on February 21, 2023]
VerDate Sep 11 2014
03:13 Mar 24, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H1130.RH
H1130
kjohnson on DSK79L0C42PROD with BILLS
2
•HR 1130 RH
A BILL
To repeal restrictions on the export and import of natural
gas.
VerDate Sep 11 2014
03:13 Mar 24, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H1130.RH
H1130
kjohnson on DSK79L0C42PROD with BILLS
3
•HR 1130 RH
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Unlocking our Domestic
4
LNG Potential Act of 2023’’.
5
SEC. 2. ADVANCING UNITED STATES GLOBAL LEADERSHIP.
6
Section 3 of the Natural Gas Act (15 U.S.C. 717b) is
7
amended—
8
(1) by striking subsections (a) through (c);
9
(2) by redesignating subsections (e) and (f) as
10
subsections (a) and (b), respectively;
11
(3) by redesignating subsection (d) as subsection
12
(c), and moving such subsection after subsection (b),
13
as so redesignated;
14
(4) in subsection (a), as so redesignated, by
15
amending paragraph (1) to read as follows: ‘‘(1) The
16
Federal Energy Regulatory Commission (in this sub-
17
section referred to as the ‘Commission’) shall have the
18
exclusive authority to approve or deny an application
19
for the siting, construction, expansion, or operation of
20
a facility to export natural gas from the United
21
States to a foreign country or import natural gas
22
from a foreign country, including an LNG terminal.
23
In determining whether to approve or deny an appli-
24
cation under this paragraph, the Commission shall
25
VerDate Sep 11 2014
03:13 Mar 24, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H1130.RH
H1130
kjohnson on DSK79L0C42PROD with BILLS
4
•HR 1130 RH
deem the exportation or importation of natural gas to
1
be consistent with the public interest. Except as spe-
2
cifically provided in this Act, nothing in this Act is
3
intended to affect otherwise applicable law related to
4
any Federal agency’s authorities or responsibilities
5
related to facilities to import or export natural gas,
6
including LNG terminals.’’; and
7
(5) by adding at the end the following new sub-
8
section:
9
‘‘(d)(1) Nothing in this Act limits the authority of the
10
President under the Constitution, the International Emer-
11
gency Economic Powers Act (50 U.S.C. 1701 et seq.), the
12
National Emergencies Act (50 U.S.C. 1601 et seq.), part
13
B of title II of the Energy Policy and Conservation Act
14
(42 U.S.C. 6271 et seq.), the Trading With the Enemy Act
15
(50 U.S.C. 4301 et seq.), or any other provision of law that
16
imposes sanctions on a foreign person or foreign govern-
17
ment (including any provision of law that prohibits or re-
18
stricts United States persons from engaging in a trans-
19
action with a sanctioned person or government), including
20
a country that is designated as a state sponsor of terrorism,
21
to prohibit imports or exports.
22
‘‘(2) In this subsection, the term ‘state sponsor of ter-
23
rorism’ means a country the government of which the Sec-
24
VerDate Sep 11 2014
03:13 Mar 24, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H1130.RH
H1130
kjohnson on DSK79L0C42PROD with BILLS
5
•HR 1130 RH
retary of State determines has repeatedly provided support
1
for international terrorism pursuant to—
2
‘‘(A) section 1754(c)(1)(A) of the Export Control
3
Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A));
4
‘‘(B) section 620A of the Foreign Assistance Act
5
of 1961 (22 U.S.C. 2371);
6
‘‘(C) section 40 of the Arms Export Control Act
7
(22 U.S.C. 2780); or
8
‘‘(D) any other provision of law.’’.
9
VerDate Sep 11 2014
03:13 Mar 24, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H1130.RH
H1130
kjohnson on DSK79L0C42PROD with BILLS
Union Calendar No. 11
118TH CONGRESS
1ST SESSION
H. R. 1130
[Report No. 118–18]
A BILL
To repeal restrictions on the export and import of
natural gas.
MARCH 23, 2023
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed
VerDate Sep 11 2014
03:13 Mar 24, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6651
Sfmt 6651
E:\BILLS\H1130.RH
H1130
kjohnson on DSK79L0C42PROD with BILLS