S.Amdt. 3669Senate113th Congress (2013-2015)

S.Amdt. 3669

What it does: Adds SEC. __. REGULATORY CERTAINTY wherever appropriate
Submitted July 24, 2014

What it changes

1 change to S. 2569

Adds a section
  1. Adds SEC. __. REGULATORY CERTAINTY wherever appropriate

    Adds a section

    Inserted: SEC. __. REGULATORY CERTAINTY.

    Inserted: Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by adding at the end the following:

    Inserted: "(g) Deadline for Certain Applications for Exportation of Natural Gas.--

    Inserted: "(1) LNG terminals.--

    Inserted: "(A) In general.--Subject to subparagraph (B), the Commission shall make a public interest determination and issue an order under subsection (a) for an application for the exportation of natural gas to a foreign country through a particular LNG terminal not later than 45 days after receipt of an application under subsection (e) for--

    Inserted: "(i) the conversion of that LNG terminal into an LNG import or export facility; or

    Inserted: "(ii) the construction of that LNG terminal.

    Inserted: "(B) Limitation.--Subparagraph (A) shall only apply to applications for the exportation of natural gas to a foreign country under subsection (a) that have been pending for a period of not less than 180 calendar days.

    Inserted: "(2) Application.--This subsection shall not apply with respect to an application under subsection (a) for the exportation of natural gas--

    Inserted: "(A) to a foreign country--

    Inserted: "(i) to which the exportation of natural gas is otherwise prohibited by law; or

    Inserted: "(ii) described in subsection (c); or

    Show 10 more inserted paragraphs

    Inserted: "(B) if the Commission has made a contingent determination with respect to the application.

    Inserted: "(3) Effect.--Except as specifically provided in this subsection, nothing in this subsection affects the authority of the Commission to review, process, and make a determination with respect to an application for the exportation of natural gas.

    Inserted: "(h) Judicial Action.--

    Inserted: "(1) In general.--The United States Court of Appeals for the circuit in which an export facility will be located pursuant to an application described in subsection (a) shall have original and exclusive jurisdiction over any civil action for the review of--

    Inserted: "(A) an order issued by the Secretary of Energy with respect to the application; or

    Inserted: "(B) the failure of the Secretary to issue a decision on the application.

    Inserted: "(2) Order.--If the Court in a civil action described in paragraph (1) finds that the Secretary has failed to issue a decision on the application as required under subsection (a), the Court shall order the Secretary to issue the decision not later than 30 days after the date of the order of the Court.

    Inserted: "(3) Expedited consideration.--The Court shall--

    Inserted: "(A) set any civil action brought under this subsection for expedited consideration; and

    Inserted: "(B) set the matter on the docket as soon as practicable after the filing date of the initial pleading.".

    The amendment doesn't say where this goes; the clerk decides.

    Original wording

    At the appropriate place, insert the following:

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As printed

SA 3669. Mr. HOEVEN submitted an amendment intended to be proposed by him to the bill S. 2569, to provide an incentive for businesses to bring jobs back to America; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. REGULATORY CERTAINTY.

Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by adding at the end the following:

“(g) Deadline for Certain Applications for Exportation of Natural Gas.--

“(1) LNG terminals.--

“(A) In general.--Subject to subparagraph (B), the Commission shall make a public interest determination and issue an order under subsection (a) for an application for the exportation of natural gas to a foreign country through a particular LNG terminal not later than 45 days after receipt of an application under subsection (e) for--

“(i) the conversion of that LNG terminal into an LNG import or export facility; or

“(ii) the construction of that LNG terminal.

“(B) Limitation.--Subparagraph (A) shall only apply to applications for the exportation of natural gas to a foreign country under subsection (a) that have been pending for a period of not less than 180 calendar days.

“(2) Application.--This subsection shall not apply with respect to an application under subsection (a) for the exportation of natural gas--

“(A) to a foreign country--

“(i) to which the exportation of natural gas is otherwise prohibited by law; or

“(ii) described in subsection (c); or

“(B) if the Commission has made a contingent determination with respect to the application.

“(3) Effect.--Except as specifically provided in this subsection, nothing in this subsection affects the authority of the Commission to review, process, and make a determination with respect to an application for the exportation of natural gas.

“(h) Judicial Action.--

“(1) In general.--The United States Court of Appeals for the circuit in which an export facility will be located pursuant to an application described in subsection (a) shall have original and exclusive jurisdiction over any civil action for the review of--

“(A) an order issued by the Secretary of Energy with respect to the application; or

“(B) the failure of the Secretary to issue a decision on the application.

“(2) Order.--If the Court in a civil action described in paragraph (1) finds that the Secretary has failed to issue a decision on the application as required under subsection (a), the Court shall order the Secretary to issue the decision not later than 30 days after the date of the order of the Court.

“(3) Expedited consideration.--The Court shall--

“(A) set any civil action brought under this subsection for expedited consideration; and

“(B) set the matter on the docket as soon as practicable after the filing date of the initial pleading.”.

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Senate amendment submitted

July 24, 2014