104TH CONGRESS

1ST SESSION H. R. 70

AN ACT

To permit exports of certain domestically produced

crude oil, and for other purposes.
104TH CONGRESS

1ST SESSION H. R. 70

AN ACT

To permit exports of certain domestically produced crude

oil, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. EXPORTS OF ALASKAN NORTH SLOPE OIL.

4 Section 28 of the Mineral Leasing Act (30 U.S.C.

5 185) is amended by amending subsection (s) to read as

6 follows:
2

•H 70 EH

1 ‘‘EXPORTS OF ALASKAN NORTH SLOPE OIL

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

3 subsection and notwithstanding any other provision of this

4 Act or any other provision of law (including any regula5 tion) applicable to the export of oil transported by pipeline

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

7 Trans-Alaska Pipeline Authorization Act (43 U.S.C.

8 1652), such oil may be exported unless the President finds

9 that exportation of this oil is not in the national interest.

10 The President shall make his national interest determina11 tion within five months of the date of enactment of this

12 subsection. In evaluating whether exports of this oil are

13 in the national interest, the President shall at a minimum

14 consider—

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

16 the total quantity or quality of petroleum available

17 to the United States;

18 ‘‘(B) the results of an appropriate environ19 mental review, including consideration of appropriate

20 measures to mitigate any potential adverse effects of

21 exports of this oil on the environment, which shall

22 be completed within four months of the date of the

23 enactment of this subsection; and

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

25 cause sustained material oil supply shortages or sus-
3

•H 70 EH

1 tained oil prices significantly above world market

2 levels that would cause sustained material adverse

3 employment effects in the United States or that

4 would cause substantial harm to consumers, includ5 ing noncontiguous States and Pacific territories.

6 If the President determines that exports of this oil are

7 in the national interest, he may impose such terms and

8 conditions (other than a volume limitation) as are nec9 essary or appropriate to ensure that such exports are con10 sistent with the national interest.

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

12 with which the United States entered into a bilateral inter13 national oil supply agreement before November 26, 1979,

14 or to a country pursuant to the International Emergency

15 Oil Sharing Plan of the International Energy Agency, any

16 oil transported by pipeline over right-of-way granted pur17 suant to section 203 of the Trans-Alaska Pipeline Author18 ization Act (43 U.S.C. 1652) shall, when exported, be

19 transported by a vessel documented under the laws of the

20 United States and owned by a citizen of the United States

21 (as determined in accordance with section 2 of the Ship22 ping Act, 1916 (46 U.S.C. App. 802)).

23 ‘‘(3) Nothing in this subsection shall restrict the au24 thority of the President under the Constitution, the Inter25 national Emergency Economic Powers Act (50 U.S.C.
4

•H 70 EH

1 1701 et seq.), or the National Emergencies Act (50 U.S.C.

2 1601 et seq.) to prohibit exports of this oil or under Part

3 B of title II of the Energy Policy and Conservation Act

4 (42 U.S.C. 6271–76).

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

6 necessary for implementation of the President’s national

7 interest determination, including any licensing require8 ments and conditions, within 30 days of the date of such

9 determination by the President. The Secretary of Com10 merce shall consult with the Secretary of Energy in ad11 ministering the provisions of this subsection.

12 ‘‘(5) If the Secretary of Commerce finds that export13 ing oil under authority of this subsection has caused sus14 tained material oil supply shortages or sustained oil prices

15 significantly above world market levels and further finds

16 that these supply shortages or price increases have caused

17 or are likely to cause sustained material adverse employ18 ment effects in the United States, the Secretary of Com19 merce, in consultation with the Secretary of Energy, shall

20 recommend, and the President may take, appropriate ac21 tion concerning exports of this oil, which may include

22 modifying or revoking authority to export such oil.

23 ‘‘(6) Administrative action under this subsection is

24 not subject to sections 551 and 553 through 559 of title

25 5, United States Code.’’.
5

•H 70 EH

1 SEC. 2. GAO REPORT.

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

3 States shall conduct a review of energy production in Cali4 fornia and Alaska and the effects of Alaskan North Slope

5 oil exports, if any, on consumers, independent refiners,

6 and shipbuilding and ship repair yards on the West Coast

7 and in Hawaii. The Comptroller General shall commence

8 this review two years after the date of enactment of this

9 Act and, within six months after commencing the review,

10 shall provide a report to the Committee on Energy and

11 Natural Resources of the Senate and the Committee on

12 Resources and the Committee on Commerce of the House

13 of Representatives.

14 (b) CONTENTS OF REPORT.—The report shall con15 tain a statement of the principal findings of the review

16 and recommendations for Congress and the President to

17 address job loss in the shipbuilding and ship repair indus18 try on the West Coast, as well as adverse impacts on con19 sumers and refiners on the West Coast and in Hawaii,

20 that the Comptroller General attributes to Alaska North

21 Slope oil exports.

Passed the House of Representatives July 24, 1995.

Attest:

Clerk.