Energy Policy and Conservation Act Amendments of 1990
PL 101-383 (S.2088), enacted 09/15/1990

PUBLIC LAW 101-383—SEPT. 15, 1990 
104 STAT. 727 
Public Law 101-383 
101st Congress 
An Act 
To extend titles I and II of the Energy Policy and Conservation Act, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be referred to as the "Energy Policy and Conserva-
tion Act Amendments of 1990". 
SEC. 2. EXTENSION OF AUTHORITY. 
The Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.) is 
amended— 
(1) in section 104(b)(1) by striking out "September 15, 1990" 
and inserting in lieu thereof "September 30,1994"; 
(2) in section 171, by striking out "September 15, 1990" each 
place it appears and inserting in lieu thereof "September 30, 
1994"; and 
(3) in section 281, by striking out "September 15, 1990" each 
place it appears and inserting in lieu thereof "September 30, 
1994". 
SEC. 3. SEVERE DOMESTIC ENERGY SUPPLY INTERRUPTIONS. 
(a) DEFINITIONS.—Section 3(8)(C) of the Energy Policy and Con-
servation Act (42 U.S.C. 6202(8XC)) is amended— 
(1) by inserting "(i)" after "from" the first place it appears; 
and 
(2) by striking out "or from" and inserting in lieu thereof: "(ii) 
an interruption in the supply of domestic petroleum products, 
or(iii)". 
(b) DRAWDOWN.—Section 161 of such Act (42 U.S.C. 6241) is 
amended by adding at the end the following: 
"(hXD If the President finds that— 
"(A) a circumstance, other than those described in subsection 
(d), exists that constitutes, or is likely to become, a domestic 
energy supply shortage of significant scope or duration; and 
"(B) action taken under this subsection would assist directly 
and significantly in preventing or reducing the adverse impact 
of such shortage, 
then the Secretary may, subject to the limitations of paragraph (2), 
draw down and distribute the Strategic Petroleum Reserve. 
"(2) In no case may the Reserve be drawn down under this 
subsection— 
. 
"(A) in excess of an aggregate of 30,000,000 barrels with 
respect to each such shortage; 
"(B) for more than 60 days with respect to each such shortage; 
"(C) if there are fewer than 500,000,000 barrels of petroleum 
product stored in the Reserve; or 
Sept. 15, 1990 
[S. 2088] 
Energy Policy 
and 
Conservation 
Act 
Amendments of 
1990. 
Petroleum and 
petroleum 
products. 
42 u s e 6201 
note. 
50 u s e app. 
2071 note. 
42 u s e 6251. 
42 u s e 6285. 
104 STAT. 728 
PUBLIC LAW 101-383—SEPT. 15, 1990 
"(D) below the level of an aggregate of 500,000,000 barrels of 
petroleum product stored in the Reserve. 
Reports. 
"(3) During any period in which there is a drawdown and distribu-
tion of the Reserve in effect under this subsection, the Secretary 
shall transmit a monthly report to the Congress containing an 
account of the drawdown and distribution of petroleum products 
under this subsection and an assessment of its effect. 
"(4) In no case may the drawdown under this subsection be 
extended beyond 60 days with respect to any domestic energy supply 
shortage.". 
SEC. 4. ENLARGEMENT OF SPR TO ONE BILLION BARRELS. 
(a) IN GENERAL.—Section 159 of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6239) is amended by adding at the end the 
following new subsections: 
Reports. 
"(i) No later than 18 months after the date of the enactment of the 
Energy Policy and Conservation Act Amendments of 1990, the 
Secretary shall transmit to the Committee on Energy and Natural 
Resources of the Senate and the Committee on Energy and Com-
merce of the House of Representatives a report on the results of 
negotiations undertaken pursuant to part C. The report shall— 
"(1) describe the terms of any contracts negotiated pursuant 
to part C and any cost savings that would result from such 
contracts relative to the costs of acquisition pursuant to part B; 
and 
"(2) give all available information on any cost savings that 
would likely result from additional contracts that could be 
negotiated pursuant to part C for completion of the storage of 
one billion barrels of petroleum product in the Reserve relative 
to the costs of acquisition pursuant to part B. 
"(j) No later than 24 months after the date of the enactment of the 
Energy Policy and Conservation Act Amendments of 1990, the 
Secretary shall amend the Strategic Petroleum Reserve Plan to 
prescribe plans for completion of storage of one billion barrels of 
petroleum product in the Reserve. Such amendment shall comply 
with the provisions of this section and shall detail the Secretary's 
plans for the design, construction, leasing or other acquisition, and 
fill of storage and related facilities of the Reserve to achieve such 
one billion barrels of storage. Such amendment shall not be subject 
to the congressional review procedures contained in section 551. In 
assessing alternatives in the development of such plans, the Sec-
retary shall consider leasing privately owned storage facilities.". 
(b) CONFORMING AMENDMENTS.—Section 160 of the Energy Policy 
and Conservation Act (42 U.S.C. 6240) is amended— 
(1) in subsection (c)(3)— 
(A) by striking out "fiscal years 1988 and 1989" and 
inserting in lieu thereof "fiscal year 1994"; and 
(B) by striking out "at least 750,000,000" and inserting in 
lieu thereof "1,000,000,000"; and 
(2) in subsection (d)(1), by inserting before the period at the 
end of subparagraph (B) the following: "and the Secretary has 
amended the Strategic Petroleum Reserve Plan as required by 
section 159(j)". 
(c) FACILITIES.—Section 160(d)(1)(A) of such Act (42 U.S.C. 
6240(d)(1)(A)) is amended by inserting after "within" the following: 
"Government owned facilities of. 
PUBLIC LAW 101-383—SEPT. 15, 1990 
104 STAT. 729 
SEC. 5. PREDRAWDOWN DIVERSION OF SPR OIL. 
(a) IN GENERAL.—Section 160 of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6240) is amended by adding at the end the 
following: 
"(f) If the Secretary finds that a severe energy supply interruption 
may be imminent, the Secretary may suspend the acquisition of 
petroleum product for, and the injection of petroleum product into, 
the Reserve and may sell any petroleum product acquired for and in 
transit to, but not injected into, the Reserve.". 
(h) CONFORMING AMENDMENTS.—(1) Section 16703)(3) of such Act 
(42 U.S.C. 6247(b)(3)) is amended by inserting after "(g) of such 
section" the following: ", or from the sale of petroleum products 
under section 160(f)". 
(2) Section 167(d) of such Act (42 U.S.C. 6247(d)) is amended by 
inserting after "(g) of such section" the following: ", and from the 
sale of petroleum products under section 160(f)". 
(3) Section 160(d) of such Act (42 U.S.C. 6240(d)) is amended by 
adding at the end the following: 
"(4) For any fiscal year in which purchases of petroleum products 
are suspended, or the sale of petroleum products is carried out, 
under subsection (f), the fill-rate requirements of paragraph (IXB) 
shall be reduced by— 
"(A) the amount of petroleum products are acquired for such 
fiscal year as a result of such suspension; plus 
"(B) the amount of petroleum products sold under such 
subsection during such fiscal year.". 
SEC. 6. LEASING AUTHORITY. 
(a) IN GENERAL.—Title I of the Energy Policy and Conservation 
Act (42 U.S.C. 6211 et seq.) is amended— 
(1) in section 152, by inserting "and part C" after "this part" 
42 USC 6232. 
in the material preceding paragraph (1); 
(2) by redesignating part C as part D; 
(3) by redesignating section 171 (after the amendment is made 
42 USC 6251. 
by section 2(2) of this Act) as section 181; and 
(4) by adding the following new part after part B: 
"PART C—AUTHORITY TO CONTRACT FOR PETROLEUM PRODUCT NOT 
OWNED BY THE UNITED STATES 
"CONTRACTING FOR PETROLEUM PRODUCT AND FACILITIES 
"SEC. 171. (a) IN GENERAL.—Subject to the other provisions of this 
42 USC 6249. 
part, the Secretary may contract— 
"(1) for storage, in otherwise unused Strategic Petroleum 
Reserve facilities, of petroleum product not owned by the 
United States; and 
"(2) for storage, in storage facilities other than those of the 
Reserve, of petroleum product either owned or not owned by the 
United States. 
"(b) CONDITIONS.—(1) Petroleum product stored pursuant to such a 
contract shall, until the expiration, termination, or other conclusion 
of the contract, be a part of the Reserve and subject to the Sec-
retary's authority under part B. 
"(2) The Secretary may enter into a contract for storage of petro-
leum product under subsection (a) only i
f
— 
104 STAT. 730 
PUBLIC LAW 101-383—SEPT. 15, 1990 
"(A) the Secretary determines (i) that entering into one or 
more contracts under such subsection would achieve benefits 
comparable to the acquisition of an equivalent amount of petro-
leum product, or an equivalent volume of storage capacity, for 
the Reserve under part B, and (ii) that, because of budgetary 
constraints, the acquisition of an equivalent amount of petro-
leum product or volume of storage space for the Reserve cannot 
be accomplished under part B; and 
"(B) the Secretary notifies each House of the Congress of such 
determination and includes in such notification the same 
information required under section 154(e) with regard to storage 
and related facilities proposed to be included, or petroleum 
product proposed to be stored, in the Reserve. 
"(3) A contract entered into under subsection (a) shall not limit 
the discretion of the President or the Secretary to conduct a 
drawdown and distribution of the Reserve. 
"(4) A contract entered into under subsection (a) shall include a 
provision that the obligation of the United States to make payments 
under the contract in any fiscal year is subject to the availability of 
appropriations. 
"(c) CHARGE FOR STORAGE.—The Secretary may store petroleum 
product pursuant to a contract entered into under subsection (a)(1) 
with or without charge or may pay a fee for its storage. 
"(d) DURATION.—Contracts entered into under subsection (a) may 
be of such duration as the Secretary considers necessary or appro-
priate. 
"(e) BINDING ARBITRATION.—The Secretary may agree to binding 
arbitration of disputes under any contract entered into under 
subsection (a). 
"IMPLEMENTATION 
42 use 6249a. 
"SEC. 172. (a) AMENDMENT T
O PLAN NOT REQUIRED.—An amend-
ment of the Strategic Petroleum Reserve Plan is not required for 
any action taken under this part. 
"(b) FILL RATE REQUIREMENT.—For purposes of section 160(d)(1), 
any petroleum product stored in the Reserve under this part that is 
removed from the Reserve at the expiration, termination, or other 
conclusion of the agreement shall be considered to be part of the 
Reserve until the beginning of the fiscal year following the fiscal 
year in which the petroleum product was removed. 
"(c) LEGAL STATUS REGARDING OTHER LAW.—Petroleum product 
and facilities contracted for under this part have the same status as 
petroleum product and facilities owned by the United States for all 
purposes associated with the exercise of the laws of any State or 
political subdivision thereof. 
"(d) RETURN OF PRODUCT.—At such time as the petroleum product 
contracted for under this part is withdrawn from the Reserve upon 
the expiration, termination, or other conclusion of the contract, such 
petroleum product (or the equivalent quantity of petroleum product 
withdrawn from the Reserve pursuant to the contract) shall be 
deemed, for purposes of determining the extent to which such 
product is thereafter subject to any Federal, State, or local law or 
regulation, not to have left the place where such petroleum product 
was located at the time it was originally committed to a contract 
under this part. 
PUBLIC LAW 101-383—SEPT. 15, 1990 
104 STAT. 731 
CONTRACTS FOR WHICH NO IMPLEMENTING LEGISLATION IS NEEDED 
"SEC. 173. (a) CONGRESSIONAL REVIEW.—In the case of contracts 
entered into under this part, and amendments to such contracts, for 
which no implementing legislation is needed, the Secretary shall 
transmit each such contract and each such amendment to the 
Committee on Appropriations and the Committee on Energy and 
Natural Resources of the Senate and to the Committee on Appro-
priations and the Committee on Energy and Commerce of the House 
of Representatives within 30 days after the signing thereof. 
"(b) EFFECTIVE DATE.—(1) Any such contract, and any such amend-
ment, shall not become effective until the end of the 30-day period of 
continuous session of Congress after the date of such transmittal, 
except that such contract may become effective without regard to 
such period if the President determines that such contract is re-
quired as a result of a severe energy supply interruption or by 
obligations of the United States under the international energy 
program. 
"(2) For purposes of paragraph (1)— 
"(A) continuity of session is broken only by an adjournment of 
Congress sine die; and 
"(B) the days on which either House is not in session because 
of an adjournment of more than three days to a day certain 
are excluded in the computation of the calendar-day period 
involved. 
42 use 6249b. 
CONTRACTS FOR WHICH IMPLEMENTING LEGISLATION IS NEEDED 
"SEC. 174. (a) IN GENERAL.—(1) In the case of contracts entered 
into under this part, and amendments to such contracts, for which 
implementing legislation will be needed, the Secretary may transmit 
an implementing bill to both Houses of the Congress. 
"(2) In the Senate, any such bill shall be considered in accordance 
with the provisions of this section. 
"(3) For purposes of this section— 
"(A) the term 'implementing bill' means a bill introduced in 
either House of Congress with respect to one or more contracts 
or amendments to contracts submitted to the House of 
Representatives and the Senate under this section and which 
contains— 
"(i) a provision approving such contracts or amendments, 
or both; and 
"(ii) legislative provisions that are necessary or appro-
priate for the implementation of such contracts or amend-
ments, or both; and 
"(B) the term 
'implementing revenue bill' means 
an 
implementing bill which contains one or more revenue 
measures by reason of which it must originate in the House of 
Representatives. 
"(b) CONSULTATION.—The Secretary shall consult, at the earliest 
possible time and on a continuing basis, with each committee of the 
House and the Senate that has jurisdiction over all matters expected 
to be affected by legislation needed to implement any such contract. 
"(c) EFFECTIVE DATE.—Each contract and each amendment to a 
contract for which an implementing bill is necessary may become 
effective only i
f
— 
42 use 6249c. 
104 STAT. 732 
PUBLIC LAW 101-383—SEPT. 15, 1990 
Federal 
Register, 
publication. 
Reports. 
"(1) the Secretary, not less than 30 days before the day on 
which such contract is entered into, notifies the House of Rep-
resentatives and the Senate of the intention to enter into such 
a contract and promptly thereafter publishes notice of such 
intention in the Federal Register; 
"(2) after entering into the contract, the Secretary transmits a 
report to the House of Representatives and to the Senate 
containing a copy of the final text of such contract together 
with— 
"(A) the implementing bill, and an explanation of how 
the implementing bill changes or affects existing law; and 
"(B) a statement of the reasons why the contract serves 
the interests of the United States and why the implement-
ing bill is required or appropriate to implement the con-
tract; and 
"(3) the implementing bill is enacted into law. 
"(d) RULES OF THE SENATE.—Subsections (e) through (h) are en-
acted by the Congress— 
"(1) as an exercise of the rulemaking power of the Senate, and 
as such they are deemed a part of the rules of the Senate but 
applicable only with respect to the procedure to be followed in 
the Senate in the case of implementing bills and implementing 
revenue bills described in subsection (a), and they supersede 
other rules only to the extent that they are inconsistent there-
with; and 
"(2) with full recognition of the constitutional right of the 
Senate to change the rules (so far as relating to the procedure of 
the Senate) at any time, in the same manner and to the same 
extent as in the case of any other rule of the Senate. 
"(e) INTRODUCTION AND REFERRAL IN THE SENATE.—(1) On the 
day 
on which an implementing bill is ti-ansmitted to the Senate under 
this section, the implementing bill shall be introduced (by request) 
in the Senate by the majority leader of the Senate, for himself or 
herself and the minority leader of the Senate, or by Members of the 
Senate designated by the majority leader and minority leader of the 
Senate. 
"(2) If the Senate is not in session on the day on which such an 
agreement is submitted, the implementing bill shall be introduced 
in the Senate, as provided in the paragraph (1), on the first day 
thereafter on which the Senate is in session. 
"(3) Such bills shall be referred by the presiding officer of the 
Senate to the appropriate committee, or, in the case of a bill 
containing provisions within the jurisdiction of two or more commit-
tees, jointly to such committees for consideration of those provisions 
within their respective jurisdictions. 
"(f) 
CONSIDERATION OF AMENDMENTS TO IMPLEMENTING 
BILL 
PROHIBITED IN THE SENATE.—(1) No amendments to an implement-
ing bill shall be in order in the Senate, and it shall not be in order in 
the Senate to consider an implementing bill that originated in the 
House if such bill passed the House containing any amendment to 
the introduced bill. 
"(2) No motion to suspend the application of this subsection shall 
be in order in the Senate; nor shall it be in order in the Senate for 
the Presiding Officer to entertain a request to suspend the applica-
tion of this subsection by unanimous consent. 
"(g) DISCHARGE IN THE SENATE.—(1) Except as provided in para-
graph (3), if the committee or committees of the Senate to which an 
PUBLIC LAW 101-383—SEPT. 15, 1990 
104 STAT. 733 
implementing bill has been referred have not reported it at the close 
of the 30th day after its introduction, such committee or committees 
shall be automatically discharged from further consideration of the 
bill, and it shall be placed on the appropriate calendar. 
"(2) A vote on final passage of the bill shall be taken in the Senate 
on or before the close of the 15th day after the bill is reported by the 
committee or committees to which it was referred or after such 
committee or committees have been discharged from further consid-
eration of the bill. 
"(8) The provisions of paragraphs (1) and (2) shall not apply in the 
Senate to an implementing revenue bill. An implementing revenue 
bill received from the House shall be, subject to subsection (f)(1), 
referred to the appropriate committee or committees of the Senate. 
If such committee or committees have not reported such bill at the 
close of the 15th day after its receipt by the Senate, such committee 
or committees shall be automatically discharged from further 
consideration of such bill and it shall be placed on the calendar. A 
vote on final passage of such bill shall be taken in the Senate on or 
before the close of the 15th day after such bill is reported by the 
committee or committees of the Senate to which it was referred, or 
after such committee or committees have been discharged from 
further consideration of such bill. 
"(4) For purposes of this subsection, in computing a number of 
days in the Senate, there shall be excluded any day on which the 
Senate is not in session. 
"(h) FLOOR CONSIDERATION IN THE SENATE.—(1) A motion in the 
Senate to proceed to the consideration of an implementing bill shall 
be privileged and not debatable. An amendment to the motion shall 
not be in order, nor shall it be in order to move to reconsider the 
vote by which the motion is agreed to or disagreed to. 
"(2) Debate in the Senate on an implementing bill, and all debat-
able motions and appeals in connection therewith, shall be limited 
to not more than 20 hours. The time shall be equally divided 
between, and controlled by, the majority leader and the minority 
leader or their designees. 
"(3) Debate in the Senate on any debatable motion or appeal in 
connection with an implementing bill shall be limited to not more 
than one hour to be equally divided between, and controlled by, the 
mover and the manager of the bill, except that in the event the 
manager of the bill is in favor of any such motion or appeal, the 
time in opposition thereto shall be controlled by the minority leader 
or his designee. Such leaders, or either of them, may, from time 
under their control on the passage of an implementing bill, allot 
additional time to any Senator during the consideration of any 
debatable motion or appeal. 
"(4) A motion in the Senate to further limit debate is not debat-
able. A motion to recommit an implementing bill is not in order.". 
(b) CONFORMING AMENDMENTS.—The table of contents of the 
Energy Policy and Conservation Act is amended— 
(1) by adding at the end of the items for title I the following 
items: 
"PART C—AUTHORITY TO CONTRACT FOR PETROLEUM PRODUCT NOT OWNED BY THE 
UNITED STATES 
"Sec. 171. Contracting for petroleum product and facilities. 
"Sec. 172. Implementation. 
"Sec. 173. Contracts for which no implementing legislation is needed. 
"Sec. 174. Contracts for which implementing legislation is needed."; 
104 STAT. 734 
PUBLIC LAW 101-383—SEPT. 15, 1990 
(2) by redesignating part C in the items for title I as part D; 
and 
(3) by redesignating the item for section 171 as the item for 
section 181. 
SEC. 7. REFINED PETROLEUM PRODUCT RESERVE. 
Section 160 of the Energy Policy and Conservation Act (42 U.S.C. 
6240) is amended by adding at the end the following after the 
subsection added by section 5(a) of this Act: 
"(gXD The Secretary shall conduct a test program of storage of 
refined petroleum products within the Reserve. The test program 
shall commence during fiscal year 1992 and continue through fiscal 
year 1994. The test program shall demonstrate mechanisms for 
storage of refined petroleum products within the Reserve which may 
be drawn down in accordance with this part. 
"(2) The mechanisms demonstrated under paragraph (1)— 
Contracts. 
"(A) shall include the acquisition by lease or purchase, or 
both, of refined petroleum products for storage in the Reserve 
and shall include the acquisition by lease of storage facilities; 
and 
"(B) may include other mechanisms including, but not limited 
to, industrial petroleum reserves pursuant to section 156 and 
State set-aside programs, except that such mechanisms must 
provide equivalent control over the drawdown and distribution 
of such refined petroleum products as is provided under this 
part. 
"(3) Any refined petroleum products stored in the Reserve under 
this subsection shall be stored in locations to be determined by the 
Secretary, taking into account the proximity of existing distribution 
systems, the proximity of the area or areas of the United States 
most dependent on imported petroleum products or likely to experi-
ence shortages of refined petroleum products, and the capability for 
expeditious distribution to such area or areas. 
"(4) In the conduct of the test program under paragraph (1), the 
Secretary shall increase the quantity of refined petroleum products 
acquired for storage in the Reserve by an amount equal to 10 
percent of the fill of the Reserve during each of the fiscal years 1992, 
1998, and 1994, except that the Secretary may not expend more than 
10 percent of the funds appropriated for the acquisition, transpor-
tation and injection of petroleum products into the Reserve during 
each of the fiscal years covered by the test program. 
"(5) In the conduct of the test program under paragraph (1), the 
Secretary may not construct or purchase facilities for the storage of 
refined petroleum products. 
"(6) Refined petroleum products stored in the Reserve under the 
test program may be withdrawn from the Reserve before the conclu-
sion of the test program— 
"(A) as may be necessary to turn such products over because 
of changes in the physical characteristics of the product; or 
"(B) on the basis of a finding made under section 161. 
Reports. 
"(7) No later than January 31, 1994, the Secretary shall transmit 
to the Congress a report on the test program. The report shall 
evaluate the mechanisms demonstrated under the test program, 
other potential mechanisms, and the purchase of facilities. The 
report shall include an assessment of the costs and benefits of the 
various mechanisms. The report shall also make recommendations 
with regard to future storage of refined petroleum products and 
PUBLIC LAW 101-383—SEPT. 15, 1990 
104 STAT. 735 
contain drafts of any legislative provisions which the Secretary 
wishes to recommend.". 
SEC. 8. TEST DRAWDOWN. 
Paragraph (1) of section 161(g) of the Energy Policy and Conserva-
tion Act (42 U.S.C. 6241(g)(1)) is amended to read as follows: 
"(1) The Secretary shall conduct a continuing evaluation of the 
Distribution Plan. In the conduct of such evaluation, the Secretary 
is authorized to carry out test drawdown and distribution of crude 
oil from the Reserve. If any such test drawdown includes the sale or 
exchange of crude oil, then the aggregate quantity of crude oil 
withdrawn from the Reserve may not exceed 5,000,000 barrels 
during any such test drawdown or distribution.". 
SEC. 9. EXEMPTION FROM INTERSTATE COMMERCE ACT. 
Section 159 of the Energy Policy and Conservation Act (42 U.S.C. 
6239), is amended by adding at the end the following new subsection 
after the subsection added by section 4(a) of this Act: 
"(k) A storage or related facility of the Strategic Petroleum Re-
serve owned by or leased to the United States is not subject to the 
Interstate Commerce Act.". 
SEC. 
1
0
. 
AUTHORITY 
TO 
ALLOW 
EXCHANGE 
OF 
SPR 
OIL. 
Section 161 of the Energy Policy and Conservation Act (42 U.S.C. 
6241) is amended by adding at the end the following new subsection 
after the subsection added by section 3(b) of this Act: 
"(i) Notwithstanding any other law, the President may permit any 
petroleum products withdrawn from the Strategic Petroleum Re-
serve in accordance with this section to be sold and delivered for 
refining or exchange outside of the United States, in connection 
with an arrangement for the delivery of refined petroleum products 
to the United States.". 
SEC. 11. DRAWDOWN PLAN AMENDMENTS DURING IMPLEMENTATION. 
Section 159 of the Energy Policy and Conservation Act (42 U.S.C. 
6239) is amended by inserting at the end of the section the following 
new subsection after the subsection added by section 9 of this Act: 
"(1) Notwithstanding subsection (d), during any period in which 
the Distribution Plan is being implemented, the Secretary may 
amend the plan and promulgate rules, regulations, or orders to 
implement such amendments in accordance with section 523 of this 
Act, without regard to the requirements of section 553 of title 5, 
39-194 O - 91 - 25 : QL 3 Part 1 
104 STAT. 736 
PUBLIC LAW 101-383—SEPT. 15,1990 
United States Code, and section 501 of the Department of Energy 
Organization Act (42 U.S.C. 7191). Such amendments shall be 
transmitted to the Congress together with a statement explaining 
the need for such amendments.". 
Approved September 15, 1990. 
LEGISLATIVE HISTORY—S. 2088 (H.R. 3193): 
HOUSE REPORTS: No. 101-604 accompanying H.R. 3193 (Ctomm. on Energy and 
Commerce) and No. 101-698 (Comm. of Conference). 
SENATE REPORTS: No. 101-289 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
May 22, considered and passed Senate. 
July 16, H.R. 3193 considered and passed House; S. 2088, amended, passed in 
lieu. 
Sept. 13, House and Senate agreed to conference report.