[Congressional Record Volume 141, Number 130 (Saturday, August 5, 1995)]
[Senate]
[Page S11709]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


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

  Mr. DOLE. Mr. President, I ask that the Chair lay before the Senate a 
message from the House of Representatives (S. 395), a bill to authorize 
and direct the Secretary of Energy to sell the Alaska Power Marketing 
Administration, and for other purposes.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

                                                    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 Administration, and to authorize the 
     export of Alaska North Slope crude oil and for other 
     purposes'', do pass with the following amendments:
       Page 2, strike out line 1 through page 9, line 6.
       Page 9, strike out line 8 through page 13, line 26, and 
     insert:
     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 regulation) 
     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 determination 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 environmental 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 sustained 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, including 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 necessary 
     or
      appropriate to ensure that such exports are consistent with 
     the national interest.
       ``(2) Except in the case of oil exported to a country with 
     which the United States entered into a bilateral 
     international 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 pursuant to 
     section 203 of the Trans-Alaska Pipeline Authorization 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 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 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 requirements 
     and conditions, 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 exporting oil 
     under authority of this subsection has caused sustained 
     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 employment 
     effects in the United States, the Secretary of Commerce, in 
     consultation with the Secretary of Energy, shall recommend, 
     and the President may take, appropriate action 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 California 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 contain 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 industry on the West 
     Coast, as well as adverse impacts on consumers and refiners 
     on the West Coast and in Hawaii, that the Comptroller General 
     attributes to Alaska North Slope oil exports.
       Page 14, strike out line 1 through page 15, line 11.
       Page 15, strike out line 12 through page 16, line 10.
       Page 16, strike out line 14 through page 24, line 15.
       Amend the title so as to read: ``An Act to permit exports 
     of certain domestically produced crude oil, and for other 
     purposes.''.
  Mr. DOLE. Mr. President, I ask unanimous consent that the Senate 
disagree to the amendments of the House and agree to the conference 
asked by the House on the disagreeing votes of the two Houses thereon, 
and that the conferees on the part of the Senate be appointed by the 
Chair.
  There being no objection, the Presiding Officer appointed Mr. 
Murkowski, Mr. Hatfield, Mr. Domenici, Mr. Johnston, and Mr. Ford 
conferees on the part of the Senate.

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