S. 4735

119 S4735 IS: Protecting Americans from High Electricity Prices Act of 2026
 U.S. Senate
 2026-06-10
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 4735  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.
1.
Short title
This Act may be cited as the   Protecting Americans from High Electricity Prices Act of 2026  .
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
 .