[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 417 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
October 8 (legislative day, October 2), 1998.
Resolved, That the Senate agree to the amendments of the House of
Representatives to the bill (S. 417) entitled ``An Act to extend energy
conservation programs under the Energy Policy and Conservation Act
through September 30, 2002.'' with the following
SENATE AMENDMENT TO HOUSE AMENDMENTS:
Page 13, after the matter following line 19, of the House engrossed
amendments, insert:
SEC. 9. PURCHASES FROM STRATEGIC PETROLEUM RESERVE BY ENTITIES IN
INSULAR AREAS OF UNITED STATES AND FREELY ASSOCIATED
STATES.
(a) Section 161 of the Energy Policy and Conservation Act (42
U.S.C. 6241) is amended by adding at the end the following:
``(j) Purchases From Strategic Petroleum Reserve by Entities in
Insular Areas of United States and Freely Associated States.--
``(1) Definitions.--In this subsection:
``(A) Binding offer.--The term `binding offer'
means a bid submitted by the State of Hawaii for an
assured award of a specific quantity of petroleum
product, with a price to be calculated pursuant to
paragraph (2) of this subsection, that obligates the
offeror to take title to the petroleum product without
further negotiation or recourse to withdraw the offer.
``(B) Category of petroleum product.--The term
`category of petroleum product' means a master line
item within a notice of sale.
``(C) Eligible entity.--The term `eligible entity'
means an entity that owns or controls a refinery that
is located within the State of Hawaii.
``(D) Full tanker load.--The term `full tanker
load' means a tanker of approximately 700,000 barrels
of capacity, or such lesser tanker capacity as may be
designated by the State of Hawaii.
``(E) Insular area.--The term `insular area' means
the Commonwealth of Puerto Rico, the Commonwealth of
the Northern Mariana Islands, the United States Virgin
Islands, Guam, American Samoa, the Freely Associated
States of the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of
Palau.
``(F) Offering.--The term `offering' means a
solicitation for bids for a quantity or quantities of
petroleum product from the Strategic Petroleum Reserve
as specified in the notice of sale.
``(G) Notice of sale.--The term `notice of sale'
means the document that announces--
``(i) the sale of Strategic Petroleum
Reserve products;
``(ii) the quantity, characteristics, and
location of the petroleum product being sold;
``(iii) the delivery period for the sale;
and
``(iv) the procedures for submitting
offers.
``(2) In general.--In the case of an offering of a quantity
of petroleum product during a drawdown of the Strategic
Petroleum Reserve--
``(A) the State of Hawaii, in addition to having
the opportunity to submit a competitive bid, may--
``(i) submit a binding offer, and shall on
submission of the offer, be entitled to
purchase a category of a petroleum product
specified in a notice of sale at a price equal
to the volumetrically weighted average of the
successful bids made for the remaining quantity
of the petroleum product within the category
that is the subject of the offering; and
``(ii) submit 1 or more alternative offers,
for other categories of the petroleum product,
that will be binding if no price competitive
contract is awarded for the category of
petroleum product on which a binding offer is
submitted under clause (i); and
``(B) at the request of the Governor of the State
of Hawaii, a petroleum product purchased by the State
of Hawaii at a competitive sale or through a binding
offer shall have first preference in scheduling for
lifting.
``(3) Limitation on quantity.--
``(A) In general.--In administering this
subsection, in the case of each offering, the Secretary
may impose the limitation described in subparagraph (B)
or (C) that results in the purchase of the lesser
quantity of petroleum product.
``(B) Portion of quantity of previous imports.--The
Secretary may limit the quantity of a petroleum product
that the State of Hawaii may purchase through a binding
offer at any offering to 1/12 of the total quantity of
imports of the petroleum product brought into the State
during the previous year (or other period determined by
the Secretary to be representative).
``(C) Percentage of offering.--The Secretary may
limit the quantity that may be purchased through
binding offers at any offering to 3 percent of the
offering.
``(4) Adjustments.--
``(A) In general.--Notwithstanding any limitation
imposed under paragraph (3), in administering this
subsection, in the case of each offering, the Secretary
shall, at the request of the Governor of the State of
Hawaii, or an eligible entity certified under paragraph
(7), adjust the quantity to be sold to the State of
Hawaii in accordance with this paragraph.
``(B) Upward adjustment.--The Secretary shall
adjust upward to the next whole number increment of a
full tanker load if the quantity to be sold is--
``(i) less than 1 full tanker load; or
``(ii) greater than or equal to 50 percent
of a full tanker load more than a whole number
increment of a full tanker load.
``(C) Downward adjustment.--The Secretary shall
adjust downward to the next whole number increment of a
full tanker load if the quantity to be sold is less
than 50 percent of a full tanker load more than a whole
number increment of a full tanker load.
``(5) Delivery to other locations.--The State of Hawaii may
enter into an exchange or a processing agreement that requires
delivery to other locations, if a petroleum product of similar
value or quantity is delivered to the State of Hawaii.
``(6) Standard sales provisions.--Except as otherwise
provided in this Act, the Secretary may require the State of
Hawaii to comply with the standard sales provisions applicable
to purchasers of petroleum product at competitive sales.
``(7) Eligible entities.--
``(A) In general.--Subject to subparagraphs (B) and
(C) and notwithstanding any other provision of this
paragraph, if the Governor of the State of Hawaii
certifies to the Secretary that the State has entered
into an agreement with an eligible entity to carry out
this Act, the eligible entity may act on behalf of the
State of Hawaii to carry out this subsection.
``(B) Limitation.--The Governor of the State of
Hawaii shall not certify more than 1 eligible entity
under this paragraph for each notice of sale.
``(C) Barred company.--If the Secretary has
notified the Governor of the State of Hawaii that a
company has been barred from bidding (either prior to,
or at the time that a notice of sale is issued), the
Governor shall not certify the company under this
paragraph.
``(8) Supplies of petroleum products.--At the request of
the Governor of an insular area, the Secretary shall, for a
period not to exceed 180 days following a drawdown of the
Strategic Petroleum Reserve, assist the insular area or the
President of a Freely Associated State in its efforts to
maintain adequate supplies of petroleum products from
traditional and nontraditional suppliers.''.
(b) Regulations.--
(1) In general.--The Secretary of Energy shall issue such
regulations as are necessary to carry out the amendment made by
subsection (a).
(2) Administrative procedure.--Regulations issued to carry
out the amendment made by subsection (a) shall not be subject
to--
(A) section 523 of the Energy Policy and
Conservation Act (42 U.S.C. 6393); or
(B) section 501 of the Department of Energy
Organization Act (42 U.S.C. 7191).
(c) Effective Date.--The amendment made by subsection (a) takes
effect on the earlier of--
(1) the date that is 180 days after the date of enactment
of this Act; or
(2) the date that final regulations are issued under
subsection (a).
SEC. 10. INDIAN ENERGY RESOURCE DEVELOPMENT.
Section 2603 of the Energy Policy Act of 1992 (25 U.S.C. 3503) is
amended in subsection (c) by striking ``and 1997'' each place it
appears and inserting ``1999, 2000, 2001, 2002 and 2003'' in lieu
thereof.
SEC. 11. REMEDIAL ACTION.
(a) Section 1001(b)(2)(C) of the Energy Policy Act of 1992 (42
U.S.C. 2296a) is amended by striking ``$65,000,000'' and inserting
``$140,000,000''.
(b) Section 1003(a) of such Act (42 U.S.C. 2296a-2) is amended by
striking ``$415,000,000'' and inserting ``$490,000,000''.
(c) Section 1802(a) of the Atomic Energy Act of 1954 (42 U.S.C.
2297g-1) is amended by striking ``$480,000,000'' and inserting
``$488,333,333''.
Attest:
Secretary.
105th CONGRESS
2d Session
S. 417
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SENATE AMENDMENT TO HOUSE AMENDMENTS