[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[S. 417 Engrossed in Senate (ES)]
105th CONGRESS
1st Session
S. 417
_______________________________________________________________________
AN ACT
To extend energy conservation programs under the Energy Policy and
Conservation Act through September 30, 2002.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ENERGY POLICY AND CONSERVATION ACT AMENDMENTS.
The Energy Policy and Conservation Act is amended--
(1) at the end of section 154 by adding the following new
subsection:
``(f) No later than October 1, 1997, the Secretary shall prepare a
statement of policy on Strategic Petroleum Reserve development,
maintenance and drawdown. The statement of policy shall evaluate the
effect of sales of petroleum from the Strategic Petroleum Reserve under
authorities other than those provided by this Act on the ability of the
United States to fulfill its obligations under the international energy
program. The statement of policy shall evaluate the effectiveness of
the Strategic petroleum Reserve at reducing the impact of severe energy
supply interruptions, in light of existing quantities of petroleum in
the Strategic Petroleum Reserve, and the likelihood of purchases of
additional petroleum for storage. The statement of policy shall set
forth alternative strategies for drawdown and the criteria to be
employed at the time of drawdown to select among such strategies. The
statement of policy shall be published in the Federal Register and be
subject to public comment, and may be prepared without regard to the
requirements of section 553 of title 5, United States Code, section 501
of the Department of Energy Organization Act (42 U.S.C. 7191), and
section 523 of this Act.'';
(2) by amending section 166 (42 U.S.C. 6246) to read as
follows:
``authorization of appropriations
``Sec. 166. There are authorized to be appropriated for each of
fiscal years 1998 through 2000 such sums as may be necessary to
implement this part.'';
(3) at the end of part B of title I by adding the following
new section:
``use of underutilized facilities
``Sec. 168. (a) Notwithstanding section 649(b) of the Department of
Energy Organization Act (42 U.S.C. 7259(b)), the Secretary is
authorized to store in underutilized Strategic Petroleum Reserve
facilities, by lease or otherwise, petroleum product owned by a foreign
government or its representatives. Petroleum product stored under this
section is not part of the Strategic Petroleum Reserve, is not subject
to part C of this title, and notwithstanding any provision of this Act,
may be exported from the United States.
``(b) Beginning on October 1, 2002, funds resulting from the
leasing or other use of a Reserve facility under subsection (a) shall
be available to the Secretary, without further appropriation, for the
purchase of petroleum products for the Reserve.'';
(4) in section 181 (42 U.S.C. 6251) by striking ``1997''
other places it appears and inserting in lieu thereof ``2000'';
(5) by striking ``section 252(l)(1)'' in section 251(e)(1)
(42 U.S.C. 6271(e)(1)) and inserting ``section 252(k)(1)'';
(6) in section 252 (42 U.S.C. 6272)--
(A) in subsections (a)(1) and (b), by striking
``allocation and information provisions of the
international energy program'' and inserting
``international emergency response provisions'';
(B) in subsection (d)(3), by striking ``known'' and
inserting after ``circumstances'' ``known at the time
of approval'';
(C) in subsection (e)(2) by striking ``shall'' and
inserting ``may'';
(D) in subsection (f)(2) by inserting ``voluntary
agreement or'' after ``approved'';
(E) by amending subsection (h) to read as follows:
``(h) Section 708 of the Defense Production Act of 1950 shall not
apply to any agreement or action undertaken for the purpose of
developing or carrying out--
``(1) the international energy program, or
``(2) any allocation, price control, or similar program
with respect to petroleum products under this Act.'';
(F) in subsection (k) by amending paragraph (2) to
read as follows:
``(2) The term `international emergency response
provisions' means--
``(A) the provisions of the international energy
program which relate to international allocation of
petroleum products and to the information system
provided in the program, and
``(B) the emergency response measures adopted by
the Governing Board of the International Energy Agency
(including the July 11, 1984, decision by the Governing
Board on `Stocks and Supply Disruptions') for--
``(i) the coordinated drawdown of stocks of
petroleum products held or controlled by
governments; and
``(ii) complementary actions taken by
governments during an existing or impending
international oil supply disruption''; and
(G) by amending subsection (l) to read as follows:
``(l) The antitrust defense under subsection (f) shall not extend
to the international allocation of petroleum products unless allocation
is required by chapters III and IV of the international energy program
during an international energy supply emergency.'';
(7) by amending the last sentence of section 256(h) (42
U.S.C. 6276(h)) to read as follows: ``There are authorized to
be appropriated for each of fiscal years 1998 through 2002 such
sums as may be necessary to carry out this part.'';
(8) in section 281 (42 U.S.C. 6285) by striking ``1997''
both places it appears and inserting in lieu thereof ``2002''.;
(9) in section 365(f)(1) (42 U.S.C. 6325(f)(1)) by striking
``not to exceed'' and all that follows through ``fiscal year
1993'' and inserting in lieu thereof ``for each of fiscal years
1998 through 2002 such sums as may be necessary'';
(10) by amending section 397 (42 U.S.C. 6371f) to read as
follows:
``authorization of appropriations
``Sec. 397. For the purpose of carrying out this part, there are
authorized to be appropriated for each of fiscal years 1998 through
2002 such sums as may be necessary.''; and
(11) in section 400BB(b) (42 U.S.C. 6374a(b)) by amending
paragraph (1) to read as follows:
``(1) There are authorized to be appropriated to the
Secretary for carrying out this section such sums as may be
necessary for each of fiscal years 1998 through 2002, to remain
available until expended.''.
SEC. 2. 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, and 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 result 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, or President of a Freely
Associated State, the Secretary shall, for a period not to
exceed 180 days following a drawdown of the Strategic Petroleum
Reserve, assist the insular area in its efforts to maintain
adequate supplies of petroleum products from traditional and
non-traditional 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 (b).
SEC. 3. ENERGY POLICY ACT OF 1992 AMENDMENT.
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 ``1997, 1998, 1999, and 2000'' in lieu thereof.
SEC. 4. ENERGY CONSERVATION AND PRODUCTION ACT AMENDMENT.
Section 422 of the Energy Conservation and Production Act (42
U.S.C. 6872) is amended to read as follows:
``authorization of appropriations
``Sec. 422. For the purpose of carrying out the weatherization
program under this part, there are authorized to be appointed for each
of fiscal years 1998 through 2002 such sums as may be necessary.
Passed the Senate June 27, 1997.
Attest:
Secretary.
105th CONGRESS
1st Session
S. 417
_______________________________________________________________________
AN ACT
To extend energy conservation programs under the Energy Policy and
Conservation Act through September 30, 2002.