S. 4735

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4735 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4735

To establish procedures for determining the public interest with 
respect to greenhouse gas emissions, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 10, 2026

Mr. Merkley introduced the following bill; which was read twice and 
referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

A BILL

To establish procedures for determining the public interest with 
respect to greenhouse gas emissions, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Protecting Americans from High 
Electricity Prices Act of 2026''.

SEC. 2. PUBLIC INTEREST CRITERIA UNDER THE NATURAL GAS ACT.

(a) Public Interest Criteria.--Section 3 of the Natural Gas Act (15 
U.S.C. 717b) is amended--
(1) in subsection (a)--
(A) in the third sentence, by striking ``The 
Commission may'' and inserting the following:
``(3) Authority.--The Commission may'';
(B) in the second sentence--
(i) by inserting ``, subject to subsection 
(c)'' after ``public interest''; and
(ii) by striking ``The Commission shall'' 
and all that follows through ``will not be'' 
and inserting the following:
``(2) Public interest.--The Commission may issue such order 
upon application, after an opportunity for hearing, if the 
Commission finds that the proposed exportation or importation 
is''; and
(C) by striking ``(a) After six months'' and 
inserting the following:
``(a) Authorization Order.--
``(1) In general.--After 6 months''; and
(2) by striking subsection (c) and inserting the following:
``(c) Public Interest Criteria.--
``(1) Definitions.--In this subsection:
``(A) Country of concern.--The term `country of 
concern' means--
``(i) Russia;
``(ii) China;
``(iii) North Korea;
``(iv) Iran; and
``(v) any other country that, after public 
notice and comment, the Secretary of Energy, in 
consultation with the Secretary of Defense, the 
Secretary of State, and the Director of 
National Intelligence, determines to be engaged 
in conduct that is detrimental to the national 
security or foreign policy of the United 
States.
``(B) Scope 1 emissions.--The term `scope 1 
emissions' means direct emissions that occur from 
sources that are controlled or owned by an 
organization.
``(C) Scope 2 emissions.--The term `scope 2 
emissions' means indirect greenhouse gas emissions 
associated with the purchase of electricity, steam, 
heat, or cooling.
``(D) Scope 3 emissions.--The term `scope 3 
emissions' means all indirect greenhouse gases produced 
in a value chain of a company, excluding purchased 
electricity.
``(2) Public interest activities and outcomes.--
``(A) In general.--For the purposes of subsection 
(a)(2), with respect to the import or export of natural 
gas--
``(i) the Commission shall consider the 
public interest broadly, including 
environmental impacts and affordability; and
``(ii) the activities and outcomes 
described in subparagraph (B) are not 
consistent with the public interest.
``(B) Activities and outcomes.--The activities and 
outcomes referred to in subparagraph (A) are:
``(i) Increasing the price of natural gas 
for households or industries in the United 
States.
``(ii) Increasing greenhouse gas emissions, 
including the consideration of all scope 1 
emissions, scope 2 emissions, and scope 3 
emissions.
``(iii) Supplying energy to a country of 
concern.
``(3) Rulemaking.--Not later than 30 days after the date of 
enactment of the Protecting Americans from High Electricity 
Prices Act of 2026, the Commission shall promulgate regulations 
establishing the procedures and criteria to be used for 
determining whether an import or export of natural gas is 
consistent with the public interest under subsection (a)(2), 
including consideration of the matters described in paragraph 
(2), and, with respect to greenhouse gas emissions, the 
consideration of all scope 1 emissions, scope 2 emissions, and 
scope 3 emissions.''.
(b) Savings Clause.--Nothing in this Act or the amendments made by 
this Act--
(1) is intended as a statement of congressional intent with 
respect to the authority of the Federal Energy Regulatory 
Commission or the Secretary of Energy under the Natural Gas Act 
(15 U.S.C. 717 et seq.);
(2) precludes the Federal Energy Regulatory Commission or 
the Secretary of Energy from considering the impact of export 
of natural gas on households, businesses, or natural gas-
dependent industries in the United States when carrying out the 
Natural Gas Act (15 U.S.C. 717 et seq.) or any other applicable 
law;
(3) precludes the Secretary of Energy from determining that 
the export of natural gas is not consistent with the public 
interest pursuant to section 3 of the Natural Gas Act (15 
U.S.C. 717b); or
(4) precludes the Federal Energy Regulatory Commission from 
determining that the export of natural gas is not in service of 
public convenience or necessity pursuant to section 7 of the 
Natural Gas Act (15 U.S.C. 717f) because it raises prices on 
households, businesses, or natural gas-dependent industries in 
the United States.
(c) Conforming Amendments.--Section 3 of the Natural Gas Act (15 
U.S.C. 717b) is amended--
(1) in subsection (b), by striking ``(b) With respect to'' 
and inserting the following:
``(b) Free Trade Agreement.--With respect to'';
(2) in subsection (d), by striking ``(d) Except as'' and 
inserting the following:
``(d) Construction With Other Laws.--Except as'';
(3) in subsection (e)--
(A) by striking ``(e) (1) The Commission'' and 
inserting the following:
``(e) LNG Terminals.--
``(1) Authority.--The Commission'';
(B) in paragraph (2)--
(i) by striking ``(2) Upon the filing'' and 
inserting the following:
``(2) Filing.--On the filing''; and
(ii) by indenting subparagraphs (A) through 
(D) appropriately;
(C) in paragraph (3)--
(i) by striking ``(3) (A) Except as 
provided'' and inserting the following:
``(3) Discretion.--
``(A) In general.--Except as provided'';
(ii) by indenting subparagraphs (B) and (C) 
appropriately;
(iii) in subparagraph (B)--
(I) by striking ``(B) Before 
January'' and inserting the following:
``(B) Limitations.--Before January'';
(II) by indenting clauses (i) and 
(ii) appropriately; and
(III) in clause (ii), by indenting 
subclauses (I) through (III) 
appropriately; and
(iv) in subparagraph (C), by striking ``(C) 
Subparagraph (B) shall'' and inserting the 
following:
``(C) Sunset.--Subparagraph (B) shall''; and
(D) in paragraph (4), by striking ``(4) An order'' 
and inserting the following:
``(4) Limitations.--An order''; and
(4) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``; 
and'' and inserting a period; and
(ii) in subparagraph (B), by striking ``(B) 
does not include'' and inserting the following:
``(B) Exclusion.--The term `military installation' 
does not include'';
(B) by striking the subsection designation and all 
that follows through ``means a base'' in paragraph 
(1)(A) and inserting the following:
``(f) Military Installations.--
``(1) Definition of military installation.--
``(A) In general.--In this subsection, the term 
`military installation' means a base'';
(C) in paragraph (2), by striking ``(2) The 
Commission shall'' and inserting the following:
``(2) Memorandum of understanding.--The Commission shall''; 
and
(D) in paragraph (3), by striking ``(3) The 
Commission shall'' and inserting the following:
``(3) Concurrence.--The Commission shall''.
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