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JUNE 15, 1995
Reported from the Committee on Resources, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
JUNE 15, 1995
Referral to the Committee on International Relations extended for a period
ending not later than June 15, 1995
JUNE 15, 1995
Additional sponsors: Mr. BENTSEN, Mr. BARTON of Texas, Mr.
FALEOMAVAEGA, Mr. DORNAN, Mr. HAYES, and Mr. RIGGS
JUNE 15, 1995
Committee on International Relations discharged, committed to the Committee
of the Whole House on the State of the Union, and ordered to be printed
A BILL
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—
(1) by amending subsection (s) to read as fol-
lows:
‘‘EXPORTS OF ALASKAN NORTH SLOPE OIL
‘‘(s)(1) Subject to paragraphs (2) and (3), notwith-
standing any other provision of law (including any regula-
tion), any oil transported by pipeline over a right-of-way
granted pursuant to section 203 of the Trans-Alaska Pipe-
line Authorization Act (43 U.S.C. 1652) may be exported.
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‘‘(2) Except in the case of oil exported to a country
pursuant to a bilateral international oil supply agreement
entered into by the United States with the country before
June 25, 1979, or to a country pursuant to the Inter-
national Emergency Oil Sharing Plan of the International
Energy Agency, the oil shall 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 Shipping 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 exportation of the oil.’’; and
(2) by striking subsection (u).
SECTION 1. EXPORTS OF ALASKAN NORTH SLOPE OIL.
Section 28 of the Mineral Leasing Act (30 U.S.C. 185)
is amended—
(1) by amending subsection (s) to read as fol-
lows:
‘‘EXPORTS OF ALASKAN NORTH SLOPE OIL
‘‘(s)(1) Subject to paragraphs (2) through (6) of this
subsection and notwithstanding any other provision of law
(including any regulation), any oil transported by pipeline
over right-of-way granted pursuant to section 203 of the
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Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1652)
may be exported unless the President finds that exportation
of this oil is not in the national interest. In evaluating
whether the proposed exportation is in the national interest,
the President—
‘‘(A) shall determine whether the proposed expor-
tation would diminish the total quantity or quality
of petroleum available to the United States;
‘‘(B) shall conduct and complete an appropriate
environmental review of the proposed exportation, in-
cluding consideration of appropriate measures to
mitigate any potential adverse effect on the environ-
ment, within four months after the date of the enact-
ment of this subsection; and
‘‘(C) shall consider whether anticompetitive ac-
tivity by a person exporting crude oil under authority
of this subsection is likely to cause sustained material
crude oil supply shortages or sustained crude oil
prices significantly above world market levels that
would cause sustained material adverse employment
effects in the United States or that would cause sub-
stantial harm to consumers in noncontiguous States.
The President shall make his national interest determina-
tion within five months after the date of enactment of this
subsection or 30 days after completion of the environmental
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review, whichever is earlier. The President may make his
determination subject to such terms and conditions (other
than a volume limitation) as are necessary or appropriate
to ensure that the exportation is consistent with the na-
tional 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 a 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 trans-
ported by a vessel documented under the laws of the United
States and owned by a citizen of the United States (as de-
termined in accordance with section 2 of the Shipping 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 exportation of the oil.
‘‘(4) The Secretary of Commerce shall issue any rules
necessary for implementation of the President’s national in-
terest determination within 30 days of the date of such de-
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termination by the President. The Secretary of Commerce
shall consult with the Secretary of Energy in administering
the provisions of this subsection.
‘‘(5) If the Secretary of Commerce finds that anti-
competitive activity by a person exporting crude oil under
authority of this subsection has caused sustained material
crude oil supply shortages or sustained crude oil prices sig-
nificantly above world market levels and further finds that
these supply shortages or price increases have caused sus-
tained material adverse employment effects in the United
States, the Secretary of Commerce, in consultation with the
Secretary of Energy, may recommend to the President ap-
propriate action against such person, which may include
modification of the authorization to export crude oil.
‘‘(6) Administrative action under this subsection is not
subject to sections 551 and 553 through 559 of title 5,
United States Code.’’; and
(2) by striking subsection (u).
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
crude oil exports, if any, on consumers, independent refin-
ers, and shipbuilding and ship repair yards on the West
Coast and in Hawaii. The Comptroller General shall com-
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mence this review two years after the date of enactment of
this Act and, within six months after commencing the re-
view, shall provide a report to the Committee on Energy
and Natural Resources of the Senate and the Committee on
Resources of the House of Representatives.
(b) CONTENTS OF REPORT.—The report shall contain
a statement of the principal findings of the review and rec-
ommendations for Congress and the President to address
job loss in the shipbuilding and ship repair industry on
the West Coast, as well as adverse impacts on consumers
and refiners in Hawaii, that the Comptroller General at-
tributes to Alaska North Slope crude oil exports.