[Congressional Record Volume 141, Number 80 (Monday, May 15, 1995)]
[Senate]
[Pages S6696-S6697]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                          AMENDMENTS SUBMITTED

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    THE ALASKA POWER ADMINISTRATION SALE ACT TRANS-ALASKA PIPELINE 
                         AMENDMENT ACT OF 1995

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                      MURKOWSKI AMENDMENT NO. 1078

  Mr. MURKOWSKI proposed an amendment to the bill (S. 395) to authorize 
and direct the Secretary of Energy to sell the Alaska Power 
Administration, and for other purposes; as follows:

       Strike the text of Title II and insert the following text:

                                TITLE II

     SEC. 201. SHORT TITLE.

       This Title may be cited as ``Trans-Alaska Pipeline 
     Amendment Act of 1995''.

     SEC. 202. TAPS ACT AMENDMENTS.

       Section 203 of the Act entitled the ``Trans-Alaska Pipeline 
     Authorization Act,'' as amended (43 U.S.C. 1652), is amended 
     by inserting the following new subsection (f):
       (f) Exports of Alaskan North Slope Oil.--
       (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 this section may be 
     exported after October 31, 1995 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 exportation would 
     diminish the total quantity or quality of petroleum available 
     to the United States; and
       (B) shall conduct and complete an appropriate environmental 
     review of the proposed exportation, including consideration 
     of appropriate measures to mitigate any potential adverse 
     effect on the environment, within four months after the date 
     of enactment of this subsection.

     The President shall make his national interest determination 
     within five months after the date of enactment of this 
     subsection or 30 days after completion of the environmental 
     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 national 
     interest.
       (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 International 
     Emergency
      Oil Sharing Plan of the International Energy Agency, any oil 
     transported by pipeline over right-of-way granted pursuant 
     to this section, 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 Shipping Act, 1916 (46 
     U.S.C. App. 802)).
       (3) Nothing in this subsection shall restrict the authority 
     of the President under the Constitution, the International 
     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 
     interest determination within 30 days of the date of such 
     determination 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 anticompetitive 
     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 significantly 
     above world market levels and further finds that these supply 
     shortages or price increases have caused sustained material 
     adverse employment effects in the United States, the 
     Secretary of Commerce may recommend to the President 
     appropriate action against such person, which may include 
     modification of the authorization to export crude oil.
       (6) Administrative action with respect to an authorization 
     under this subsection is not subject to sections 551 and 553 
     through 559 of title 5, United States Code.

     SEC. 203. ANNUAL REPORT.

       Section 103(f) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6212(f)) is amended by adding at the end thereof 
     the following:
       ``In the first quarter report for each new calendar year, 
     the President shall indicate whether independent refiners in 
     Petroleum Administration for Defense District V have been 
     unable to secure adequate supplies of crude oil as a result 
     of exports of Alaskan North Slope crude oil in the prior 
     calendar year and shall make such recommendations to the 
     Congress as may be appropriate.''.

     SEC. 204. GAO REPORT.

       The Comptroller General of the United States shall conduct 
     a review of energy production in California and Alaska and 
     the effects of Alaskan North Slope crude oil exports, if any, 
     on consumers, independent refiners, and shipbuilding and ship 
     repair yards on the West Coast. The Comptroller General shall 
     commence this review four years after the date of enactment 
     of this Act and, within one year after commencing the review, 
     shall provide a report to the Committee on Energy and Natural 
     Resources in the Senate and the Committee on Resources in the 
     House of Representatives. The report shall contain a 
     [[Page S6697]] statement of the principal findings of the 
     review and such recommendations for consideration by the 
     Congress as may be appropriate.

     SEC. 205. EFFECTIVE DATE.

       This title and the amendments made by it shall take effect 
     on the date of enactment.
     

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