Energy Emergency Preparedness Act of 1982
PL 97-229 (S.2332), enacted 08/03/1982

96 STAT. 248 
PUBLIC LAW 97-229—AUG. 3, 1982 
Aug. 3, 1982 
[S. 2332] 
Energy 
Emergency 
Preparedness 
Act of 1982. 
42 u s e 6202 
note. 
Ante, p. 196. 
Public Law 97-229 
97th Congress 
An Act 
To amend the Energy Policy and Conservation Act to extend certain authorities 
relating to the International Energy Program, to provide for the Nation's energy 
emergency preparedness, 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 cited as the 
Act of 1982". 
'Energy Emergency Preparedness 
SEC. 2. INTERNATIONAL ENERGY PROGRAM AMENDMENTS. 
(a) EXTENSION.—Subsection (j) of section 252 of the Energy Policy 
and Conservation Act (42 U.S.C. 6272(j)) is amended by striking out 
"August 1, 1982" and inserting in lieu thereof "at midnight Decem-
ber 31,1983". 
(b) LIMITATIONS.—(1) Section 251 of the Energy Policy and Conser-
vation Act (42 U.S.C. 6271) is amended by adding at the end thereof 
the following new subsection: 
"(e) No rule under this section may be put into effect unless— 
"(1) an international energy supply emergency, as defined in 
the first sentence of section 252(1X1), is in effect; and 
"(2) the allocation of available oil referred to in chapter III of 
the international energy program has been activated pursuant 
to chapter IV of such program.". 
(2) Section 252 of such Act (42 U.S.C. 6272) is amended by adding 
at the end thereof the following new subsection: 
"(m) The authority granted by this section shall apply only to the 
development or carrying out of voluntary agreements and plans of 
action to implement chapters III, IV, and V of the international 
energy program.". 
SEC. 3. ENERGY EMERGENCY PREPAREDNESS. 
(a) IN GENERAL.—Title II of the Energy Policy and Conservation 
Act, relating to standby energy authorities, is amended by adding at 
the end thereof the following new part: 
"PART C—ENERGY EMERGENCY PREPAREDNESS 
CONGRESSIONAL FINDINGS, POLICY, AND PURPOSE 
42 use 6281. 
"SEC. 271. (a) FINDINGS.—The Congress finds that— 
"(1) a shortage of petroleum products caused by reductions in 
imports of petroleum products may occur at any time; 
"(2) such a shortage may be sufficiently large to cause severe 
economic dislocations and hardships, or constitute a serious 
threat to public health, safety, and welfare; and 
"(3) prior to the occurrence of such a shortage, the Federal 
Government has a responsibility to be prepared to mitigate the 
PUBLIC LAW 97-229—AUG. 3, 1982 
96 STAT. 249 
adverse impacts of such a shortage as a supplement to reliance 
on free market pricing and allocation of available petroleum 
product supplies. 
"(b) POLICY.—The Congress declares that it shall be the policy of 
the United States that the Federal Government shall be prepared 
prior to any shortage of petroleum products to respond to energy 
emergencies, pursuant to authorities under provisions of law other 
than this part, as a supplement to reliance on the free market to 
mitigate the adverse impacts of a shortage of petroleum products on 
public health, safety, and welfare. 
"(c) PURPOSE.—The purpose of this part is to carry out the policy 
in subsection (b) by providing for the preparation of comprehensive 
energy emergency response procedures to be available for use by the 
President under authorities contained in any provision of law other 
than this part. 
"PREPARATION FOR PETROLEUM SUPPLY INTERRUPTIONS 
"SEC. 272. (a) DESCRIPTION OF AVAILABLE LEGAL AUTHORITIES.—(1) 
Memorandum 
The President shall submit to the Congress no later than November 
"^If^'^f"^ 
15, 1982, a memorandum of law which describes the nature and ^Jngress 
extent of the authorities available to the President under existing 42 use 6282. 
law to respond to a severe energy supply interruption or other 
substantial reduction in the amount of petroleum products available 
to the United States. 
"(2) The memorandum of law required by paragraph (1) shall be 
prepared by the Attorney General, in consultation with the Secre-
tary of Energy. 
' (3) The memorandum of law submitted to the Congress pursuant 
to this subsection shall— 
"(A) include the following subjects— 
"(i) activities of the United States in support of the 
international energy program and the December 10, 1981, 
International Energy Agency agreement entitled 'Decision 
on Preparation for Future Supply Disruptions' including— 
(I) the National Emergency Sharing Organization; 
"(II) emergency sharing systems; and 
"(III) the supply right project; 
"(ii) activities of the United States pursuant to its energy 
emergency preparedness obligations to the North Atlantic 
Treaty Organization; 
"(iii) development and use of the Strategic Petroleum 
Reserve; 
"(iv) Government incentives to encourage private petro-
leum product stocks; 
"(v) reactivation of the following Executive Manpower 
Reserves: 
"(I) the Emergency Electric Power Reserve; 
"(II) the Emergency Petroleum and Gas Reserve; and 
"(III) the Emergency Solid Fuels Reserve; 
"(vi) energy emergency response management in coordi-
nation with State and local governments; and 
"(vii) emergency public information activities; and 
"(B) distinguish among— 
"(i) situations involving limited or general war, interna-
tional tensions that threaten national security, and other 
Presidentially declared emergencies; 
96 STAT. 250 
PUBLIC LAW 97-229—AUG. 3, 1982 
"(ii) events resulting in activation of the international 
e n e r ^ program; and 
"(iii) events or situations less severe than those described 
in clauses (i) and (ii). 
"(b) 
COMPREHENSIVE 
ENERGY 
EMERGENCY 
RESPONSE 
PROCE-
DURES.—(1) Not later than December 31, 1982, the President shall 
submit to the Congress comprehensive energy emergency response 
procedures for implementation, in whole or in part, of the authori-
ties described under subsection (a). 
"(2) The comprehensive energy emergency response procedures 
shall— 
"(A) describe the various options the President would consider 
using to implement the authorities described in the memoran-
dum of law submitted under subsection (a) to respond to a 
severe energy supply interruption or other substantial reduc-
tion in the amount of petroleum products available to the 
United States, including a description of the likely sequence in 
which such options would be taken; 
"(B) specify how appropriate governmental actions in 
response to international and domestic energy shortages would 
be selected and implemented under such options, particularly 
which official or governmental entity would select and imple-
ment such actions, and what procedures would be used in doing 
so; and 
"(C) recommend any additional statutory authority the Presi-
dent considers necessary to respond to a severe energy supply 
interruption or other substantial reduction in the amount of 
petroleum products available to the United States. 
"(c) DISCLAIMERS.—(1) Nothing in this part, or in the comprehen-
sive energy emergency response procedures submitted pursuant to 
subsection (b), shall— 
"(A) limit the authority of the President under any provision 
of law to respond to a reduction in the amount of petroleum 
products available to the United States; or 
"(B) grant any authority to the President to respond to a 
reduction in the amount of petroleum products available to the 
United States. 
"(2) No State law or State program in effect on the date of the 
enactment of this part, or which may become effective thereafter, 
shall be construed to be superseded by any provision of this part.". 
(b) CONFORMING AMENDMENT.—The table of contents for the 
Energy Policy and Conservation Act is amended by adding after the 
item relating to section 255 the following new items: 
"PART C—ENERGY EMERGENCY PREPAREDNESS 
"Sec. 271. Congressional findings, policy, and purpose. 
"Sec. 272. Preparation for petroleum supply interruptions.". 
SEC. 4. STRATEGIC PETROLEUM RESERVE AMENDMENTS. 
(a) REQUIRED RATE FOR FILUNG RESERVE.— 
(1) IN GENERAL.—Subsection (c) of section 160 of the Energy 
Policy and Conservation Act (42 U.S.C. 6240(c)) is amended to 
read as follows: 
"(c)(1)(A) The President shall immediately undertake, and thereaf-
ter continue, petroleum products acquisition, transportation, and 
injection activities, to the extent funds are available pursuant to 
42 use 6247. 
section 167 (b)(2) and (b)(3), at a level sufficient to assure that the 
PUBLIC LAW 97-229—AUG. 3, 1982 
96 STAT. 251 
petroleum products in the Strategic Petroleum Reserve will be 
increased at an average annual rate of at least the minimum 
required fill rate until the quantity of petroleum products stored 
within the Strategic Petroleum Reserve is at least 500,000,000 
barrels. 
"(B) Subject to subparagraph (C), the minimum required fill rate 
shall be 300,000 barrels per day for purposes of subparagraph (A), 
unless there is in effect a finding by the President in his discretion 
for good cause that compliance with such rate would not be in the 
national interest. Any finding by the President under this subpara-
graph takes effect on the date such finding is transmitted to the 
Congress and ceases to have effect at the end of the fiscal year in 
which such finding was made. Any such finding transmitted to the 
Congress shall include a statement of the facts upon which the 
finding is based. Any such finding shall not be subject to judicial 
review. 
"(C) The minimum required fill rate shall be 220,000 barrels per 
day for purposes of subparagraph (A) during the period in which any 
finding by the President under subparagraph (B) is in effect. 
"(D)(i) If funds are available in any given fiscal year after fiscal 
year 1982 to achieve an average annual fill rate higher than the 
minimum required fill rate in effect under subparagraph (C), the 
minimum required fill rate shall be the highest practicable fill rate 
achievable, subject to the availability of appropriated funds. 
"(ii) The Impoundment Control Act of 1974 (31 U.S.C. 1400 and 
following) shall apply to funds made available under section 167 (b) 
and (e). 
42 USC 6247; 
"(2) After the Strategic Petroleum Reserve reaches a level of ^"^'""• 
500,000,000 barrels, the President shall immediately seek to under-
take, and thereafter continue, petroleum products acquisition, trans-
portation, and injection activities at a level sufficient to assure that 
the petroleum products in the Strategic Petroleum Reserve will be 
increased at an average annual rate of at least 300,000 barrels per 
day until the quantity of petroleum products stored within the 
Strategic Petroleum Reserve is at least 750,000,000 barrels.". 
(2) EFFECTIVE DATE.—The amendment made by paragraph (1) 42 USC 6240 
shall take effect July 1,1982. 
note. 
(b) INTERIM STORAGE.— 
(1) AUTHORITY FOR IMPLEMENTATION.—Section 159(f) of the 
Energy Policy and Conservation Act (42 U.S.C. 6239(f)) is 
amended by striking out "and" at the end of paragraph (3), by 
striking out the comma at the end of paragraph (4) and insert-
ing "; and" in lieu thereof, and by inserting after paragraph (4) 
the following new paragraph: 
"(5) the storage of petroleum products in interim storage 
facilities,". 
(2) USE OF SPR PETROLEUM ACCOUNT; CONFORMING AMEND-
MENTS.—(A) Section 167 of such Act (95 Stat. 619; to be codified 
at 42 U.S.C. 6247) is amended by adding at the end thereof the 
following: 
"(e)(1) Except as provided in paragraph (2), nothing in this part 
shall be construed to limit the Account from being used to meet 
expenses relating to interim storage facilities for the storage of 
petroleum products for the Strategic Petroleum Reserve, 
"(2) In any fiscal year, amounts in the Account may not be 
obligated for expenses relating to interim storage facilities in excess 
of 10 percent of the total amounts in the Account obligated in such 
96 STAT. 252 
PUBLIC LAW 97-229—AUG. 3, 1982 
42 use 4332. 
"Interim storage 
facilities." 
42 use 6234 
note. 
42 use 6234. 
Effective date. 
42 use 6239. 
fiscal year. If the amount obligated in any fiscal year for interim 
storage expenses is less than the amount of the 10-percent limit 
under the preceding sentence for that fiscal year, then the amount 
of the 10-percent limit applicable in the following fiscal year shall be 
increased by the amount by which the limit exceeded the amount 
obligated for such expenses. . 
(B) Section 159 of such Act (42 U.S.C. 6239) is amended by 
adding at the end thereof the following new subsection: 
"(h)(1) No amendment to the Strategic Petroleum Reserve Plan 
relating to interim storage facilities shall be required prior to the 
storage of petroleum products in such facilities. 
"(2) Petroleum products stored in interim storage facilities pursu-
ant to this part shall be considered to be in storage in the Reserve. 
"(3)(A) No action relating to the storage of petroleum products in 
existing interim storage facilities in the Reserve shall be deemed to 
be 'a major Federal action significantly affecting the quality of the 
human environment' within the meaning of that term as it is used 
in section 102(2)(C) of the National Environmental Policy Act of 
1969. 
"(B) For purposes of this paragraph, an interim storage facility 
shall be considered to be an existing interim storage facility if it— 
"(i) is in existence on July 1,1982; 
"(ii) was constructed in a manner appropriate for storing 
petroleum products; and 
"(iii) is not modified after July 1, 1982, in any manner which 
substantially increases the storage capacity of the facility. Any 
modification of such facility may not include replacement or 
reconstruction. 
"(4) The term 'interim storage facilities', when used in this part, 
may include any vessel which meets the applicable requirements 
under this part. . 
(C) Section 160(e)(4) of such Act (42 U.S.C. 6240(e)(4)) is 
amended by striking out "crude oil" and inserting in lieu 
thereof "petroleum product". 
(c) STRATEGIC PETROLEUM RESERVE DRAWDOWN PLAN.—On or 
before December 1, 1982, the President shall transmit to the Con-
gress a drawdown plan for the Strategic Petroleum Reserve consist-
ent with the requirements of section 154 of the Energy Policy and 
Conservation Act. Such plan shall be transmitted to the Congress as 
amendment to the Strategic Petroleum Reserve Plan. Such 
an 
amendment shall take effect on the date it is transmitted to the 
Congress and shall not be subject to section 159(e) of such Act 
relating to Congressional review. Subsequent amendments to such 
plan shall be in accordance with subsections (d) and (e) of such 
section 159. 
SEC. 5. CONTINUATION OF PETROLEUM PRODUCT INFORMATION COLLEC-
TION. 
(a) IN GENERAL.—Part A of title V of the Energy Policy and 
Conservation Act (42 U.S.C. 6381 and following) is amended by 
adding at the end thereof the following new section: 
PETROLEUM PRODUCT INFORMATION 
42 use 6385. 
"SEC. 507. The President or his delegate shall, pursuant to author-
ity otherwise available to the President or his delegate under any 
other provision of law, collect information on the pricing, supply, 
PUBLIC LAW 97-229—AUG. 3, 1982 
96 STAT. 253 
and distribution of petroleum products by product category at the 
wholesale and retail levels, on a State-by-State basis, which was 
collected as of September 1, 1981, by the Energy Information 
Administration.". 
(b) CLERICAL AMENDMENT.—The table of contents for such Act is~ 
amended by inserting the following new item after the item relating 
to section 506: 
"Sec. 507. Petroleum product information.". 
SEC. 6. REPORTS TO CONGRESS ON PETROLEUM SUPPLY INTERRUPTIONS. 
(a) IMPACT ANALYSIS.—(1) The Secretary of Energy shall analyze 
the impact on the domestic economy and on consumers in the 
United States of reliance on market allocation and pricing during 
any substantial reduction in the amount of petroleum products 
available to the United States. In making such analysis, the Secre-
tary of Energy may consult with the Secretary of the Treasury, the 
Secretary of Agriculture, the Director of the Office of Management 
and Budget, and the heads of other appropriate Federal agencies. 
Such analysis shall— 
(A) examine the equity and efficiency of such reliance, 
(B) distinguish between the impacts of such reliance on var-
ious categories of business (including small business and agri-
culture) and on households of different income levels, 
(C) specify the nature and administration of monetary and 
fiscal policies that would be followed including emergency tax 
cuts, emergency block grants, and emergency supplements to 
income maintenance programs, and 
(D) describe the likely impact on the distribution of petroleum 
products of State and local laws and regulations (including 
emergency authorities) affecting the distribution of petroleum 
products. 
Such analysis shall include projections of the effect of the petroleum 
supply reduction on the price of motor gasoline, home heating oil, 
and diesel fuel, and on Federal tax revenues, Federal royalty 
receipts, and State and local tax revenues. 
(2) Within one year after the date of the enactment of this Act, the 
Secretary of Energy shall submit a report to the Congress and the 
President containing the analysis required by this subsection, 
including a detailed step-by-step description of the procedures by 
which 
the 
policies specified 
in paragraph 
dXC) would be 
accomplished in an emergency, along with such recommendations as 
the Secretary of Energy deems appropriate. 
(b) STRATEGIC PETROLEUM RESERVE DRAWDOWN AND DISTRIBUTION 
REPORT.—The President shall prepare and transmit to the Congress, 
at the time he transmits the drawdown plan pursuant to section 4(c), 
a report containing— 
(1) a description of the foreseeable situations (including selec-
tive and general embargoes, sabotage, war, act of God, or acci-
dent) which could result in a severe energy supply interruption 
or obligations of the United States arising under the interna-
tional energy program necessitating distributions from the Stra-
tegic Petroleum Reserve, and 
(2) a description of the strategy or alternative strategies of 
distribution which could reasonably be used to respond to each 
situation described under paragraph (1), together with the 
theory and justification underl3dng each such strategy. 
42 use 6245 
note. 
Consultation 
with other 
Federal 
agencies. 
96 STAT. 254 
PUBLIC LAW 97-229—AUG. 3, 1982 
The description of each strategy under paragraph (2) shall include 
an explanation of the methods which would likely be used to 
determine the price and distribution of petroleum products from the 
Reserve in any such distribution, and an explanation of the disposi-
tion of revenues arising from sales of any such petroleum products 
under the strategy. 
Submittal 
(c) REGIONAL RESERVE REPORT.—The President or his delegate 
to Congress. 
sh^ll submit to the Congress no later than December 31, 1982, a 
report regarding the actions taken to comply with the provisions of 
section 157 of the Energy Policy and Conservation Act (42 U.S.C. 
6237). Such report shall include an analysis of the economic benefits 
and costs of establishing Regional Petroleum Reserves, including— 
(1) an assessment of the ability to transport petroleum prod-
ucts to refiners, distributors, and end users within the regions 
specified in section 157(a) of such Act; 
(2) the comparative costs of creating and operating Regional 
Petroleum Reserves for such regions as compared to the costs of 
continuing current plans for the Strategic Petroleum Reserve; 
and 
(3) a list of potential sites for Regional Petroleum Reserves, 
(d) STRATEGIC ALCOHOL FUEL RESERVE REPORT.—The Secretary of 
Energy shall, in consultation with the Secretary of Agriculture, 
prepare and transmit to the Congress no later than December 31, 
1982, a study of the potential for establishing a Strategic Alcohol 
Fuel Reserve. 
(e) MEANING OF TERMS.—As used in this section, the terms "inter-
national energy program", "petroleum product", "Reserve", "severe 
energy supply interruption", and "Strategic Petroleum Reserve" 
have the meanings given such terms in sections 3 and 152 of the 
Energy Policy and Conservation Act (42 U.S.C. 6202 and 6232). 
Approved August 3, 1982. 
LEGISLATIVE HISTORY—S. 2332 (H.R. 6337): 
HOUSE REPORTS: No. 97-585, pt. 1 (Comm. on Energy and Commerce), 97-585, pt. 2 
(Comm. on Merchant Marine and Fisheries) both accompanying 
H.R. 6337; and 97-663 (Comm. of Conference). 
SENATE REPORT No. 97-393 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
May 26, considered and passed Senate. 
June 23, H.R. 6337 considered and passed House; passage vacated and S. 2332, 
amended, passed in lieu. 
July 29, House agreed to conference report. 
July 30, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 31 (1982): 
Aug. 3, Presidential statement.