SenateS. 4735119th Congress

Protecting Americans from High Electricity Prices Act of 2026

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

<DOC>

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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