WHAT THE LAW DOINCongress, in plain words

H.R. 381 · 119th Congress

LNG Public Interest Determination Act of 2025

IntroducedEnvironmental Protection
IntroducedJan 14, 2025
Passed HouseNot yet
Passed SenateNot yet
To PresidentNot yet
Became lawNot yet

Where it stands

Introduced. Latest step, Jan 14, 2025: Referred to the House Committee on Energy and Commerce. It would change 2 sections of existing law and would add 2 new provisions of its own.

How this bill changes the law

Sourced

H.R. 381 would change 2 sections of existing law, and would create 2 new provisions of its own. Read from the bill text as introduced in the House (Jan 14, 2025).

15 U.S.C. 717b Exportation or importation of natural gas; LNG terminals

15 U.S.C. 717n Process coordination; hearings; rules of procedure

  • (b) Designation as lead agency changed · Sec. 3 · see the words

New provisions of the bill's own

  • Sec. 4 Termination of categorical exclusion for approval or disapproval of the exportation of natural gas
  • Sec. 5 Rulemaking
What the words would change: every change, in place (7)

Today's wording of each part of the law, with what would be struck out and added. Each change also gives the bill's own instruction, word for word.

  1. 15 U.S.C. 717badded (g)by H.R. 381 Sec. 2(a)

    (g) Exportation of natural gas.—(1) Order required.— No person shall export any natural gas from the United States to a foreign country without first having secured an order of the Secretary of Energy authorizing it to do so. The Secretary of Energy may issue such order upon application only if, after opportunity for hearing, the Secretary of Energy finds that the proposed exportation will be consistent with the public interest. The Secretary of Energy may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Secretary of Energy may find necessary or appropriate, and may from time to time, after opportunity for hearing, and for good cause shown, issue such supplemental order for such exportation as it may find necessary or appropriate.(2) Deadline.— The Secretary of Energy shall find whether proposed exportation of natural gas will be consistent with the public interest under paragraph (1) by not later than the date that is 1 year after the later of—(A) the date on which the Secretary of Energy receives the final environmental impact statement for such proposed exportation from the Federal Energy Regulatory Commission; and(B) the date on which the Secretary completes each assessment required by paragraph (4).(3) Public interest finding.— The Secretary of Energy may find that proposed exportation of natural gas for which an application is submitted under paragraph (1) will be consistent with the public interest under such paragraph only if the Secretary of Energy determines, based on the applicable assessment under paragraph (4), that the proposed exportation of natural gas will not be likely to—(A) significantly contribute to climate change, including by slowing the global energy transition needed to achieve deep reductions of global greenhouse gas emissions within the next decade and net-zero global greenhouse gas emissions not later than 2050;(B) materially increase energy prices or energy price volatility for any segment of United States consumers; or(C) create a disproportionate cumulative burden of adverse human or environmental impacts on rural, low-income, minority, and other vulnerable communities.(4) Assessments.—(A) Climate change assessment.— A determination under paragraph (3)(A) shall be based on an assessment of the expected impact of the proposed exportation of natural gas on climate change. Such assessment shall be based on the latest scientific information and use the 20-year global warming potential of methane, and shall include—(i) quantified estimates of the greenhouse gas emissions associated with the full lifecycle of the natural gas proposed for exportation, including emissions associated with the extraction, transportation, liquefaction, storage, regasification, and consumption of such natural gas;(ii) a comparison of the estimated greenhouse gas emissions in clause (i) to a baseline that is consistent with United States international commitments to achieve deep reductions of global greenhouse gas emissions within the next decade and deep decarbonization pathways toward net-zero global greenhouse gas emissions not later than 2050;(iii) an assessment of the potential effects of the proposed exportation of natural gas on clean energy alternatives, including—(I) any decrease in global investment in and deployment of renewable energy, electrification, and energy efficiency and conservation technologies; and(II) any decrease in United States exports of clean energy technologies;(iv) quantified estimates of the social cost of the estimated greenhouse gas emissions in clause (i); and(v) an identification of the extent to which climate change is accelerating the loss of economic value in the United States due to rising sea levels, more intense storms, eroding coasts, increased risk and severity of wild fires, and other impacts associated with climate change.(B) Economic assessment.— A determination under paragraph (3)(B) shall be based on an assessment of the expected economic impact of the proposed exportation of natural gas, including an assessment of the impact of the proposed exportation on all United States consumers, with specific estimates regarding each of the following consumer subgroups:(i) Low-income consumers.(ii) Working families.(iii) Small businesses.(iv) Manufacturers.(v) State and local governments.(vi) Producers and users of fertilizer.(C) Environmental justice assessment.— A determination under paragraph (3)(C) shall be based on an assessment of the expected impact of the proposed exportation of natural gas on environmental justice (which shall be consistent with Executive Order 14096 (42 U.S.C. 4321 note; relating to revitalizing our Nation's commitment to environmental justice for all), as published April 21, 2023), including assessments of impacts on—(i) the preexisting cumulative environmental burdens and social and health risks posed to rural, low-income, minority, and other vulnerable communities;(ii) local fisheries and the economic livelihood of the people employed by local fisheries;(iii) racial and socioeconomic disparities in impacted communities; and(iv) compliance with civil rights laws.(5) Public participation.— The Secretary of Energy shall—(A) provide to the public an opportunity to meaningfully participate, including by providing comments, in—(i) the finding of the Secretary of Energy on whether proposed exportation will be consistent with the public interest under paragraph (1); and(ii) any study by the Department of Energy intended to inform such finding; and(B) ensure that opportunities to meaningfully participate under subparagraph (A) address barriers that affect members of communities with environmental justice concerns, including those related to disability, language access, and lack of resources.(6) Major Federal action.— Issuing an order authorizing the exportation of natural gas under this subsection shall be considered a ma

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

  2. 15 U.S.C. 717b(a)changedby H.R. 381 Sec. 2(b)

    (a) Mandatory authorization order. After six months from June 21, 1938, no person shall export any natural gas from the United States to a foreign country or import any natural gas from a foreign country without first having secured an order of the Commission authorizing it to do so. The Commission shall issue such order upon application, unless, after opportunity for hearing, it finds that…

    The bill says: by striking "export any natural gas from the United States to a foreign country or";

  3. 15 U.S.C. 717b(a)changedby H.R. 381 Sec. 2(b)

    (a) Mandatory authorization order. After six months from June 21, 1938, no person shall export any natural gas from the United States to a foreign country or import any natural gas from a foreign country to the United States without first having secured an order of the Commission authorizing it to do so. The Commission shall issue such order upon application, unless, after opportunity for hearing, it finds that the proposed exportation or importation will not…

    The bill says: by inserting "to the United States" after "from a foreign country"; and

  4. 15 U.S.C. 717b(a)changedby H.R. 381 Sec. 2(b)

    …natural gas from a foreign country without first having secured an order of the Commission authorizing it to do so. The Commission shall issue such order upon application, unless, after opportunity for hearing, it finds that the proposed exportation or importation will not be consistent with the public interest. The Commission may by its order grant such application, in whole or in part, with such modification and upon such terms and conditions as the Commission may find necessary or…

    The bill says: by striking "exportation or"; and

  5. 15 U.S.C. 717b(c)changedby H.R. 381 Sec. 2(b)

    (c) Expedited application and approval process. For purposes of subsection (a), the importation of the natural gas referred to in subsection (b), or 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, shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be granted without modification or delay.

    The bill says: by striking ", or 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,"; and

  6. 15 U.S.C. 717b(c)changedby H.R. 381 Sec. 2(b)

    (c) Expedited application and approval process. For purposes of subsection (a), the importation of the natural gas referred to in subsection (b), or 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, shall be deemed to be consistent with the public interest, and applications for such importation or exportation shall be granted without modification or delay.

    The bill says: by striking "or exportation".

  7. 15 U.S.C. 717n(b)(1)changedby H.R. 381 Sec. 3

    (1) In general. The CommissionFederal Energy Regulatory Commission shall act as the lead agency for the purposes of coordinating all applicable Federal authorizations and for the purposes of complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

    The bill says: Section 15(b)(1) of the Natural Gas Act (15 U.S.C. 717n(b)(1)) is amended by striking "Commission" and inserting "Federal Energy Regulatory Commission".

From the bill's official text on GovInfo and the U.S. Code, 2024 edition, which may not yet show changes made since.

What it does

Sourced

LNG Public Interest Determination Act of 2025

This bill modifies and expands requirements for exporting natural gas, including liquefied natural gas (LNG).

Under the existing provisions of the Natural Gas Act, exporters of natural gas must obtain authorization to make such exports from the Federal Energy Regulatory Commission (FERC). Additionally, FERC must authorize such exports if they are consistent with the public interest.

The bill directs exporters of natural gas to obtain authorization from the Department of Energy (DOE) rather than from FERC. Before granting an authorization, DOE must determine that the export would not likely (1) contribute significantly to climate change; (2) materially increase energy prices or energy price volatility for U.S. consumers; or (3) create a disproportionate health or environmental burden on rural, low-income, minority, and other vulnerable communities.

The bill also classifies an authorization of the exportation of natural gas as a major federal action that triggers the environmental review process required under the National Environmental Policy Act of 1969 (NEPA).

Additionally, the bill terminates the categorical exclusion for exports of natural gas, and any associated transportation of LNG by marine vessels, from NEPA environmental review requirements. A categorical exclusion is a class of actions that a federal agency has determined do not significantly affect the quality of the human environment and, thus, do not require either an environmental assessment nor an environmental impact statement.

Official summary by the Congressional Research Service (Introduced in House, Jan 14, 2025).

Our plain-language breakdown, with what it means for you and the case for and against, is written once a bill starts to move.

What has happened

Sourced
  1. Jan 14, 2025Referred to the House Committee on Energy and Commerce.House floor actions
  2. Jan 14, 2025Introduced in HouseLibrary of Congress
  3. Jan 14, 2025Introduced in HouseLibrary of Congress

Show key steps only

Cosponsors

  • Alma S. Adams D-NC-12
  • Yassamin Ansari D-AZ-3
  • Becca Balint D-VT-At Large
  • Nanette Diaz Barragán D-CA-44
  • Suzanne Bonamici D-OR-1
  • Julia Brownley D-CA-26
  • Salud O. Carbajal D-CA-24
  • Ed Case D-HI-1
  • Kathy Castor D-FL-14
  • Judy Chu D-CA-28
  • Gilbert Ray Cisneros, Jr. D-CA-31
  • Yvette D. Clarke D-NY-9
Show 36 more cosponsors
  • Steve Cohen D-TN-9
  • Mark DeSaulnier D-CA-10
  • Lloyd Doggett D-TX-37
  • Adriano Espaillat D-NY-13
  • Maxwell Frost D-FL-10
  • Daniel S. Goldman D-NY-10
  • Rep. Raúl M. Grijalva D-AZ-7
  • Jared Huffman D-CA-2
  • Pramila Jayapal D-WA-7
  • Ro Khanna D-CA-17
  • Raja Krishnamoorthi D-IL-8
  • Summer L. Lee D-PA-12
  • Mike Levin D-CA-49
  • Seth Magaziner D-RI-2
  • Jennifer L. McClellan D-VA-4
  • Betty McCollum D-MN-4
  • James P. McGovern D-MA-2
  • Robert Menendez D-NJ-8
  • Grace Meng D-NY-6
  • Kevin Mullin D-CA-15
  • Jerrold Nadler D-NY-12
  • Eleanor Holmes Norton D-DC-At Large
  • Alexandria Ocasio-Cortez D-NY-14
  • Ilhan Omar D-MN-5
  • Chellie Pingree D-ME-1
  • Mike Quigley D-IL-5
  • Delia C. Ramirez D-IL-3
  • Janice D. Schakowsky D-IL-9
  • Robert C. "Bobby" Scott D-VA-3
  • Melanie A. Stansbury D-NM-1
  • Mark Takano D-CA-39
  • Shri Thanedar D-MI-13
  • Dina Titus D-NV-1
  • Rashida Tlaib D-MI-12
  • Paul Tonko D-NY-20
  • Maxine Waters D-CA-43