In the House of Representatives, U. S.,

July 25, 1995.

Resolved, That the bill from the Senate (S. 395) entitled

‘‘An Act to authorize and direct the Secretary of Energy to

sell the Alaska Power Administsration, and to authorize the

export of Alaska North Slope crude oil and for other purposes’’, do pass with the following

AMENDMENTS:

1 Ω1æ Page 2, strike out line 1 through page 9, line 6.

2 Ω2æ Page 9, strike out line 8 through page 13, line 26,

3 and insert:

4 SECTION 1. EXPORTS OF ALASKAN NORTH SLOPE OIL.

5 Section 28 of the Mineral Leasing Act (30 U.S.C. 185)

6 is amended by amending subsection (s) to read as follows:

7 ‘‘EXPORTS OF ALASKAN NORTH SLOPE OIL

8 ‘‘(s)(1) Subject to paragraphs (2) through (6) of this

9 subsection and notwithstanding any other provision of this

10 Act or any other provision of law (including any regula11 tion) applicable to the export of oil transported by pipeline

12 over right-of-way granted pursuant to section 203 of the

13 Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1652),

14 such oil may be exported unless the President finds that
2

1 exportation of this oil is not in the national interest. The

2 President shall make his national interest determination

3 within five months of the date of enactment of this sub4 section. In evaluating whether exports of this oil are in the

5 national interest, the President shall at a minimum con6 sider—

7 ‘‘(A) whether exports of this oil would diminish

8 the total quantity or quality of petroleum available to

9 the United States;

10 ‘‘(B) the results of an appropriate environmental

11 review, including consideration of appropriate meas12 ures to mitigate any potential adverse effects of ex13 ports of this oil on the environment, which shall be

14 completed within four months of the date of the enact15 ment of this subsection; and

16 ‘‘(C) whether exports of this oil are likely to

17 cause sustained material oil supply shortages or sus18 tained oil prices significantly above world market lev19 els that would cause sustained material adverse em20 ployment effects in the United States or that would

21 cause substantial harm to consumers, including non22 contiguous States and Pacific territories.

23 If the President determines that exports of this oil are in

24 the national interest, he may impose such terms and condi25 tions (other than a volume limitation) as are necessary or
3

1 appropriate to ensure that such exports are consistent with

2 the national interest.

3 ‘‘(2) Except in the case of oil exported to a country

4 with which the United States entered into a bilateral inter5 national oil supply agreement before November 26, 1979,

6 or to a country pursuant to the International Emergency

7 Oil Sharing Plan of the International Energy Agency, any

8 oil transported by pipeline over right-of-way granted pur9 suant to section 203 of the Trans-Alaska Pipeline Author10 ization Act (43 U.S.C. 1652) shall, when exported, be trans11 ported by a vessel documented under the laws of the United

12 States and owned by a citizen of the United States (as de13 termined in accordance with section 2 of the Shipping Act,

14 1916 (46 U.S.C. App. 802)).

15 ‘‘(3) Nothing in this subsection shall restrict the au16 thority of the President under the Constitution, the Inter17 national Emergency Economic Powers Act (50 U.S.C. 1701

18 et seq.), or the National Emergencies Act (50 U.S.C. 1601

19 et seq.) to prohibit exports of this oil or under Part B of

20 title II of the Energy Policy and Conservation Act (42

21 U.S.C. 6271–76).

22 ‘‘(4) The Secretary of Commerce shall issue any rules

23 necessary for implementation of the President’s national in24 terest determination, including any licensing requirements

25 and conditions, within 30 days of the date of such deter-
4

1 mination by the President. The Secretary of Commerce shall

2 consult with the Secretary of Energy in administering the

3 provisions of this subsection.

4 ‘‘(5) If the Secretary of Commerce finds that exporting

5 oil under authority of this subsection has caused sustained

6 material oil supply shortages or sustained oil prices signifi7 cantly above world market levels and further finds that

8 these supply shortages or price increases have caused or are

9 likely to cause sustained material adverse employment ef10 fects in the United States, the Secretary of Commerce, in

11 consultation with the Secretary of Energy, shall rec12 ommend, and the President may take, appropriate action

13 concerning exports of this oil, which may include modifying

14 or revoking authority to export such oil.

15 ‘‘(6) Administrative action under this subsection is not

16 subject to sections 551 and 553 through 559 of title 5, Unit17 ed States Code.’’.

18 SEC. 2. GAO REPORT.

19 (a) REVIEW.—The Comptroller General of the United

20 States shall conduct a review of energy production in Cali21 fornia and Alaska and the effects of Alaskan North Slope

22 oil exports, if any, on consumers, independent refiners, and

23 shipbuilding and ship repair yards on the West Coast and

24 in Hawaii. The Comptroller General shall commence this

25 review two years after the date of enactment of this Act
5

1 and, within six months after commencing the review, shall

2 provide a report to the Committee on Energy and Natural

3 Resources of the Senate and the Committee on Resources

4 and the Committee on Commerce of the House of Represent5 atives.

6 (b) CONTENTS OF REPORT.—The report shall contain

7 a statement of the principal findings of the review and rec8 ommendations for Congress and the President to address

9 job loss in the shipbuilding and ship repair industry on

10 the West Coast, as well as adverse impacts on consumers

11 and refiners on the West Coast and in Hawaii, that the

12 Comptroller General attributes to Alaska North Slope oil

13 exports.

14 Ω3æ Page 14, strike out line 1 through page 15, line 11.

15 Ω4æ Page 15, strike out line 12 through page 16, line

16 10.

17 Ω5æ Page 16, strike out line 14 through page 24, line

18 15.

19 Amend the title so as to read: ‘‘An Act to permit ex20 ports of certain domestically produced crude oil, and for

21 other purposes.’’.

Attest:

Clerk.
104TH CONGRESS

1ST SESSION S. 395

AMENDMENTS