II
Calendar No. 155
104TH CONGRESS
1ST SESSION
H. R. 70
IN THE SENATE OF THE UNITED STATES
JULY 26 (legislative day, JULY 10), 1995
Received; read twice and placed on the calendar
AN ACT
To permit exports of certain domestically produced crude
oil, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXPORTS OF ALASKAN NORTH SLOPE OIL.
Section 28 of the Mineral Leasing Act (30 U.S.C.
185) is amended by amending subsection (s) to read as
follows:
‘‘EXPORTS OF ALASKAN NORTH SLOPE OIL
‘‘(s)(1) Subject to paragraphs (2) through (6) of this
subsection and notwithstanding any other provision of this
Act or any other provision of law (including any regula-
tion) applicable to the export of oil transported by pipeline
over right-of-way granted pursuant to section 203 of the
Trans-Alaska Pipeline Authorization Act (43 U.S.C.
1652), such oil may be exported unless the President finds
that exportation of this oil is not in the national interest.
The President shall make his national interest determina-
tion within five months of the date of enactment of this
subsection. In evaluating whether exports of this oil are
in the national interest, the President shall at a minimum
consider—
‘‘(A) whether exports of this oil would diminish
the total quantity or quality of petroleum available
to the United States;
‘‘(B) the results of an appropriate environ-
mental review, including consideration of appropriate
measures to mitigate any potential adverse effects of
exports of this oil on the environment, which shall
be completed within four months of the date of the
enactment of this subsection; and
‘‘(C) whether exports of this oil are likely to
cause sustained material oil supply shortages or sus-
tained oil prices significantly above world market
levels that would cause sustained material adverse
employment effects in the United States or that
would cause substantial harm to consumers, includ-
ing noncontiguous States and Pacific territories.
If the President determines that exports of this oil are
in the national interest, he may impose such terms and
conditions (other than a volume limitation) as are nec-
essary or appropriate to ensure that such exports are con-
sistent with the national interest.
‘‘(2) Except in the case of oil exported to a country
with which the United States entered into a bilateral inter-
national oil supply agreement before November 26, 1979,
or to a country pursuant to the International Emergency
Oil Sharing Plan of the International Energy Agency, any
oil transported by pipeline over right-of-way granted pur-
suant to section 203 of the Trans-Alaska Pipeline Author-
ization Act (43 U.S.C. 1652) shall, when exported, be
transported by a vessel documented under the laws of the
United States and owned by a citizen of the United States
(as determined in accordance with section 2 of the Ship-
ping Act, 1916 (46 U.S.C. App. 802)).
‘‘(3) Nothing in this subsection shall restrict the au-
thority of the President under the Constitution, the Inter-
national Emergency Economic Powers Act (50 U.S.C.
1701 et seq.), or the National Emergencies Act (50 U.S.C.
1601 et seq.) to prohibit exports of this oil or under Part
B of title II of the Energy Policy and Conservation Act
(42 U.S.C. 6271–76).
‘‘(4) The Secretary of Commerce shall issue any rules
necessary for implementation of the President’s national
interest determination, including any licensing require-
ments and conditions, within 30 days of the date of such
determination by the President. The Secretary of Com-
merce shall consult with the Secretary of Energy in ad-
ministering the provisions of this subsection.
‘‘(5) If the Secretary of Commerce finds that export-
ing oil under authority of this subsection has caused sus-
tained material oil supply shortages or sustained oil prices
significantly above world market levels and further finds
that these supply shortages or price increases have caused
or are likely to cause sustained material adverse employ-
ment effects in the United States, the Secretary of Com-
merce, in consultation with the Secretary of Energy, shall
recommend, and the President may take, appropriate ac-
tion concerning exports of this oil, which may include
modifying or revoking authority to export such oil.
‘‘(6) Administrative action under this subsection is
not subject to sections 551 and 553 through 559 of title
5, United States Code.’’.
SEC. 2. GAO REPORT.
(a) REVIEW.—The Comptroller General of the United
States shall conduct a review of energy production in Cali-
fornia and Alaska and the effects of Alaskan North Slope
oil exports, if any, on consumers, independent refiners,
and shipbuilding and ship repair yards on the West Coast
and in Hawaii. The Comptroller General shall commence
this review two years after the date of enactment of this
Act and, within six months after commencing the review,
shall provide a report to the Committee on Energy and
Natural Resources of the Senate and the Committee on
Resources and the Committee on Commerce of the House
of Representatives.
(b) CONTENTS OF REPORT.—The report shall con-
tain a statement of the principal findings of the review
and recommendations for Congress and the President to
address job loss in the shipbuilding and ship repair indus-
try on the West Coast, as well as adverse impacts on con-
sumers and refiners on the West Coast and in Hawaii,
that the Comptroller General attributes to Alaska North
Slope oil exports.
Passed the House of Representatives July 24, 1995.
Attest:
ROBIN H. CARLE,
Clerk.