Energy Policy and Conservation Amendments Act of 1985
PL 99-58 (H.R.1699), enacted 07/02/1985

99 STAT. 102 
PUBLIC LAW 99-58—JULY 2, 1985 
Public Law 99-58 
?a-f! 
99th Congress 
An Act 
July 2 1985 
'^^ extend title I and Part B of title II of the Energy Policy and Conservation Act, and 
' 
for other purposes. 
[H.R. 1699] 
Be it enacted by the Senate and House of Representatives of the 
Energy Policy 
United States of 
America in Congress assembled, 
and 
Conservation 
SECTION 1. SHORT TITLE. 
Act of 1985 
This Act may be cited as the "Energy Policy and Conservation 
42 use 6201 
Amendments Act of 1985". 
note. 
TITLE I—AMENDMENTS TO THE ENERGY POLICY AND 
CONSERVATION ACT 
SEC. 101. EXTENSION OF TITLE I OF THE ENERGY POLICY AND CONSERVA-
TION ACT. 
(a) GENERAL EXTENSION.—Title I of the Energy Policy and Con-
servation Act is amended by adding at the end thereof the following 
new part: 
"PART C—EXPIRATION 
"EXPIRATION 
42 use 6251. 
"SEC. 171. Except as otherwise provided in title I, all authority 
89 Stat. 875. 
under any provision of title I (other than a provision of such title 
amending another law) and any rule, regulation, or order issued 
pursuant to such authority, shall expire at midnight, June 30, 1989, 
but such expiration shall not affect any action or pending proceed-
ings, civil or criminal, not finally determined on such date, nor any 
action or proceeding based upon any act committed prior to mid-
night, June 30,1989.". 
50USCapp. 
(b) MATERIALS ALLOCATION.—Section 104(bXl) of such Act is 
2071 note. 
amended by striking out "December 31, 1984" and inserting in lieu 
thereof "June 30,1989". 
(c) CONFORMING AMENDMENT.—The table of contents for such Act 
is amended by adding after the item relating to section 167 the 
following new items: 
"PART C—EXPIRATION 
"Sec. 17L Expiration.". 
SEC. 102. STRATEGIC PETROLEUM RESERVE AMENDMENTS. 
(a) AMENDMENTS TO STRATEGIC PETROLEUM RESERVE PLAN.—Sec-
42 use 6239. 
tion 159(e) of the Energy Policy and Conservation Act is amended to 
read as follows: 
Post, p. 103. 
"(e) Subject to section 161(gX2), any amendment transmitted 
pursuant to subsection (d) may not become effective until 60 days 
after the date of such transmittal, except that such 60-day period 
shall not apply if the President determines that such amendment is 
PUBLIC LAW 99-58—JULY 2, 1985 
99 STAT. 103 
required by a severe energy supply interruption or by obligations of 
the United States under the international energy program.". 
(b) SUSPENSION OF PROVISIONS RELATING TO THE STRATEGIC PETRO-
LEUM RESERVE.—Section 160(e) of such Act is amended— 
42 use 6240. 
(1) by inserting "and" at the end of clause (i) of paragraph 
(IXB); 
(2) by striking out clauses (ii) and (iii) of paragraph (1)(B) and 
inserting in lieu thereof the following: 
"(ii) the President has transmitted such finding to the 
Congress."; 
(3) by striking out paragraphs (2) and (3) and inserting in lieu 
thereof the following: 
"(2) The suspension of the application of subsections (c) and (d) 
under paragraph (IXB) may become effective on the day the finding 
is transmitted to the Congress and shall terminate nine months 
thereafter or on such earlier date as is specified in such finding."; 
and 
(4) by redesignating paragraph (4) as paragraph (3). 
SEC. 103. STRATEGIC PETROLEUM RESERVE TEST DRAWDOWN AND 
DISTRIBUTION. 
(a) DIRECTIVE TO CARRY OUT TEST DRAWDOWN.—Section 161 of the 
Energy Policy and Conservation Act is amended by adding the 42USC6241. 
following new subsection at the end thereof: 
"(gXl) In order to evaluate the implementation of the Distribution 
Plan, the Secretary shall, commencing within 180 days after the 
date of the enactment of this subsection, carry out a test drawdown 
and distribution under this subsection through the sale or exchange 
of approximately 1,100,000 barrels of crude oil from the Reserve. 
The requirement of this paragraph shall not apply if the President 
determines, within the 180-day period described in the preceding 
sentence, that implementation of the Distribution Plan is required 
by a severe energy supply interruption or by obligations of the 
United States under the international energy program. 
"(2) The Secretary shall carry out such drawdown and distribution 
in accordance with the Distribution Plan and implementing regula-
tions and contract provisions, modified as the Secretary considers 
appropriate taking into consideration the artificialities of a test and 
the absence of a severe energy supply interruption. To meet the 
requirements of subsections (d) and (e) of section 159, the Secretary Ante, p. 102. 
shall transmit any such modification of the Plan, along with 
explanatory and supporting material, to both Houses of the Con-
gress no later than 15 calendar days prior to the offering of any 
crude oil for sale under this subsection. 
"(3) At least part of the crude oil that is sold or exchanged under 
this subsection shall be sold or exchanged to or with entities that are 
not part of the Federal Government. 
"(4) The Secretary may not sell any crude oil under this subsec-
tion at a price less than that which the Secretary determines 
appropriate and, in no event, at a price less than 90 percent of the 
sales price, as estimated by the Secretary, of comparable crude oil 
being sold in the same area at the time the Secretary is offering 
crude oil for sale in such area under this subsection. 
"(5) The Secretary may cancel any offer to sell or exchange crude 
oil as part of any drawdown and distribution under this subsection if 
the Secretary determines that there are insufficient acceptable 
offers to obtain such crude oil. 
99 STAT. 104 
PUBLIC LAW 99-58—JULY 2, 1985 
"(6)(A) The minimum required fill rate in effect for any fiscal year 
shall be reduced by the amount of any crude oil drawdown from the 
Reserve under this subsection during such fiscal year. 
"(B) In the case of a sale of any crude oil under this subsection, the 
Secretary shall, to the extent funds are available in the SPR Petro-
leum Account as a result of such sale, acquire crude oil for the 
Reserve within the 12-month period beginning after the completion 
of the sale. Such acquisition shall be in addition to any acquisition of 
crude oil for the Reserve required as part of a fill rate established by 
any other provision of law. 
"(7) Rules, regulations, or orders issued in order to carry out this 
subsection which have the applicability and effect of a rule as 
defined in section 551(4) of title 5, United States Code, shall not be 
5 use 551. 
subject to the requirements of subchapter II of chapter 5 of such title 
42 use 6393. 
or to section 523 of this Act. 
"(8) The Secretary shall transmit to both Houses of the Congress a 
detailed explanation of the drawdown and distribution carried out 
under this subsection. Such explanation may be a part of any report 
42 use 6245. 
made to the President and the Congress under section 165.". 
42 use 6240. 
(b) CONFORMING AMENDMENTS.—(1) Section 160(d) of such Act is 
amended by adding the following new paragraph at the end thereof: 
"(3) In determining the number of barrels of crude oil for purposes 
of subparagraph (A) of paragraph (1), any crude oil drawndown from 
the Reserve as a result of any drawdown and distribution carried 
Ante, p. 103. 
out under section 161(g) and not replaced under section 161(g)(6)(B) 
shall be considered to be within the Reserve.". 
42 use 6241. 
(2) Section IGlQo) of such Act is amended by striking out "in 
subsections (c) and (f)" and inserting in lieu thereof "in subsections 
(c), (f), and (g)". 
42 use 6247. 
(3) Section 167(b)(3) of such Act is amended by inserting ", includ-
ing a drawdown and distribution carried out under subsection (g) of 
such section" after "section 161". 
(4) Section 167(d) of such Act is amended by inserting ", including 
a drawdown and distribution carried out subsection (g) of such 
section" after "section 161". 
SEC. 104. EXTENSION OF PART B OF TITLE II OF THE ENERGY POLICY AND 
CONSERVATION ACT. 
(a) GENERAL EXTENSION.—Title II of the Energy Policy and Con-
servation Act is amended by adding at the end thereof the following 
new part: 
"PART D—EXPIRATION 
"EXPIRATION 
42 use 6285. 
"SEC. 281. Except as otherwise provided in title II, all authority 
42 use 6261. 
under any provision of title II (other than a provision of such title 
amending another law) and any rule, regulation, or order issued 
pursuant to such authority, shall expire at midnight, June 30, 1988, 
but such expiration shall not affect any action or pending proceed-
ings, civil or criminal, not finally determined on such date, nor any 
action or proceeding based upon any act committed prior to mid-
night, June 30,1988.". 
(b) 
TERMINATION OF CERTAIN GENERAL EMERGENCY AUTHORI-
TIES.—Part A of title II of such Act is amended by adding the 
following new section at the end thereof: 
PUBLIC LAW 99-58—JULY 2, 1985 
99 STAT. 105 
"TERMINATION DATE 
"SEC. 204. Except as provided in section 203(f), authority to carry 
42 use 6264. 
out the provisions of this part and any rule, regulation, or order 
42 USC 6263. 
issued pursuant to such part shall expire at midnight, June 30, 
1985.". 
(c) CONFORMING AMENDMENTS.—(1) The table of contents for such 
Act is amended— 
(A) by adding after the item relating to section 203 the 
following new item: 
"Sec. 204. Termination date."; 
(B) by adding after the item relating to section 272 the 
following new items: 
"PART D—EXPIRATION 
"Sec. 281. Expiration."; 
and 
(C) by striking out the item relating to section 531. 
(2) Section 252 of such Act is amended by striking out subsection 
42 USC 6272. 
0) and by redesignating subsections (k), (1), and (m), and all ref-
erences thereto, as subsections (j), (k), and (1), respectively. 
(3) Section 531 of such Act is hereby repealed. 
Repeal. 
(4) Section 252(dXl) of such Act is amended by striking out "(f) or 
42 USC 6401. 
(k)" in the last sentence and inserting in lieu thereof "(f) or (j)' 
42 USC 6272. 
SEC. 105. LIMITATION ON NEW PLANS OF ACTION. 
Section 252 of the Energy Policy and Conservation Act, as 
amended by section 104(cX2) of this Act, is amended by adding at the 
end thereof the following: 
"(mXD With respect to any plan of action approved by the Attor- 
42 USC 6272. 
ney General after the date of enactment of the Energy Policy and 
Conservation Amendments Act of 1985— 
Ante, p. 102. 
"(A) the defenses under subsection (f) and (j) shall be 
applicable to Type 1 activities (as that term is defined in the 
International Energy Agency Emergency Management Manual, 
dated December 1982) only if— 
"(i) the Secretary has transmitted such plan of action to 
the Congress; and 
"(iiXD 90 calendar days of continuous session have-
elapsed since receipt by the Congress of such transmittal; or 
"(II) within 90 calendar days of continuous session after 
receipt of such transmittal, either House of the (Congress 
has disapproved a joint resolution of disapproval pursuant 
to subsection (n); and 
"(B) such defenses shall not be applicable to Type 1 activities 
if there has been enacted, in accordance with subsection (n), a 
joint resolution of disapproval. 
"(2) The Secretary may withdraw the plan of action at any time 
prior to adoption of a joint resolution described in subsection (nX3) 
by either House of Congress. 
"(3) For the purpose of this subsection— 
"(A) continuity of session is broken only by an adjournment of 
the Ck)ngress sine die at the end of the second session of 
Congress; and 
99 STAT. 106 
PUBLIC LAW 99-58—JULY 2, 1985 
"(B) the dajrs 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. 
"(nXlXA) The application of defenses under subsections (f) and 0') 
for Tjnpe 1 activities with respect to any plan of action transmitted 
to Congress as described in subsection (mXlXAXi) shall be dis-
approved if a joint resolution of disapproval has been enacted into 
law during the 90-day period of continuous session after which such 
transmission was received by the Congress. For the purpose of this 
subsection, the term 'joint resolution* means only a joint resolution 
of either House of the Congress as described in paragraph (3). 
"(B) After receipt by the CJongress of such plan of action, a joint 
resolution of disapproval may be introduced in either House of the 
Congress. Upon introduction in the Senate, the joint resolution shall 
be referred in the Senate immediately to the Committee on Energy 
and Natural Resources of the Senate. 
"(2) This subsection is enacted by the CJongress— 
"(A) as an exercise of the rulemaking power of the Senate and 
as such it is 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 resolutions described by paragraph (3); 
it supersedes other rules only to the extent that is inconsistent 
therewith; and 
"(B) 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. 
"(3) The joint resolution disapproving the transmission under 
subsection (m) shall read as follows after the resolving clause: 'That 
the Congress of the United States disapproves the availability of the 
defenses pursuant to section 252 (f) and (j) of the Energy Policy and 
Ante, p. 105. 
Conservation Act with respect to TVpe 1 activities under the plan of 
action submitted to the Congress by the Secretary of Energy on 
.', the blank space therein being filled with the date 
and year of receipt by the Congress of the plan of action transmitted 
as described in subsection (m). 
"(4XA) If the (IJommittee on Energy and Natural Resources of the 
Senate has not reported a joint resolution referred to it under this 
subsection at the end of 20 calendar days of continuous session after 
its referral, it shall be in order to move either to discharge the 
committee from further consideration of such resolution or to dis-
charge the committee from further consideration of any other joint 
resolution which has been referred to the committee with respect to 
such plan of action. 
"(B) A motion to discharge shall be highly privileged (except that 
it may not be made after the Ck)mmittee on Energy and Natural 
Resources has reported a joint resolution with respect to the plan of 
action), and debate thereon shall be limited to not more than one 
hour, to be divided equally between those favoring and those oppos-
ing the joint resolution. An amendment to the motion shall not be in 
order, and it shall not be in order to move to reconsider the vote by 
which the motion was agreed to or disagreed to. 
"(C) If the motion to discharge is agreed to or disagreed to, the 
motion may not be renewed, nor may another motion to discharge 
the committee be made with respect to any other joint resolution 
with respect to the same transmission. 
PUBLIC LAW 99-58—JULY 2, 1985 
99 STAT. 107 
"(5XA) When the Committee on Energy and Natural Resources of 
the Senate has reported or has been discharged from further consid-
eration of a joint resolution, it shall be in order at any time 
thereafter within the 90-day period following receipt by the Con-
gress of the plan of action (even though a previous motion to the 
same effect has been disagreed to) to move to proceed to the consid-
eration of such joint resolution. The motion shall be highly privi-
leged and shall not be debatable. An amendment to the motion shall 
not be in order, and it shall not be in order to move to reconsider a 
vote by which the motion was agreed to or disagreed to. 
"(B) Debate on the joint resolution shall be limited to not more 
than 10 hours and final action on the joint resolution shall occur 
immediately following conclusion of such debate. A motion further 
to limit debate shall not be debatable. A motion to recommit such a 
joint resolution shall not be in order, and it shall not be in order to 
move to reconsider the vote by which such a joint resolution was 
agreed to or disagreed to. 
"(6XA) Motions to postpone made with respect to the discharge 
from committee or consideration of a joint resolution, shall be 
decided without debate. 
"(B) Appeals from the decision of the Chair relating to the applica-
tion of rules of the Senate to the procedures relating to a joint 
resolution shall be decided without debate.". 
TITLE II—REPORTS CONCERNING COAL IMPORTS 
SEC. 201. SHORT TITLE. 
This title may be cited as the "National Coal Imports Reporting National Coal 
Act of 1985". 
Imports 
Reporting Act of 
SEC. 202. REPORT CONCERNING REVIEW OF UNITED STATES COAL 
1985. 
IMPORTS. 
42 u s e 7277 
note. 
(a) IN GENERAL.—The Energy Information Administration shall 
42 USC 7277. 
issue a report quarterly, and provide an annual summary of the 
quarterly reports to the Congress, on the status of United States coal 
imports. Such quarterly reports may be published as a part of the 
Quarterly Coal Report published by the Energy Information 
Administration. 
(b) CONTENTS.—Each report required by this section shall— 
(1) include current and previous year data on the quantity, 
quality (including heating value, sulfur content, and ash con-
tent), and delivered price of all coals imported by domesstic 
electric utility plants that imported more than 10,000 tons 
during the previous calendar year into the United States; 
(2) identify the foreign nations exporting the coal, the domes-
tic electric utility plants receiving coal from each exporting 
nation, the domestically produced coal supplied to such plants, 
and the domestic coal production, by State, displaced by the 
imported coal; 
(3) identify (to the extent allowed under disclosure policy), at 
regional and State levels of aggregation, transportation modes 
and costs for delivery of imported coal from the exporting 
country port of origin to the point of consumption in the United 
States; and 
(4) specifically highlight and analyze any significant trends of 
unusual variations in coal imports. 
51-194 O - 88 - 5 : QL. 3 
Part 1 
99 STAT. 108 
PUBLIC LAW 99-58—JULY 2, 1985 
(c) DATE OF REPORTS.—The first report required by this section 
shall be submitted to Congress in March 1986. Subsequent reports 
shall be submitted within 90 days after the end of each quarter. 
(d) LIMITATION.—Information and data required for the purpose of 
this section shall be subject to the law regarding the collection and 
disclosure of such data. 
SEC. 203. ANALYSIS OF AND REPORT CONCERNING THE UNITED STATES 
COAL IMPORT MARKET. 
42 use 7277 
(a) IN GENERAL.—The Secretary of Energy shall, through the 
note. 
Energy Information Administration, conduct a comprehensive 
analysis of the coal import market in the United States and report 
the findings of such analysis to the Committee on Energy and 
Natural Resources of the Senate and the appropriate committees of 
the House of Representatives, within nine months of the date of 
enactment of this Act. 
(b) CONTENTS.—The report required by this section shall— 
(1) contain a detailed analysis of potential domestic markets 
for foreign coals, by producing nation, between 1985 and 1995; 
(2) identify potential domestic consuming sectors of imported 
coal and evaluate the magnitude of any potential economic 
disruptions for each impacted State, including analysis of direct 
and indirect employment impact in the domestic coal industry 
and resulting income loss to each State; 
(3) identify domestically produced coal that potentially could 
be replaced by imported coal; 
(4) identify contractual commitments of domestic utilities 
expiring between 1985 and 1995 and describe spot buying prac-
tices of domestic utilities, fuel cost patterns, plant modification 
costs required to burn foreign coals, proximity of navigable 
waters to utilities, demand for compliance coal, availability of 
less expensive purchased power from Canada, and State and 
local considerations; 
(5) evaluate increased coal consumption by domestic electric 
utilities resulting from increased power sales and analyze the 
potential coal import market represented by this increased coal 
consumption, including consumption by existing coal-fired 
plants, new coal-fired plants projected up to the year 1995, and 
plants planning to convert to coal by 1995; 
(6) identify existing authorities available to the Federal 
Government relating to coal imports, assess the potential 
impact of exercising each of these authorities, and describe 
executive branch plans and strategies to address coal imports; 
(7) identify and characterize the coal export policies of all 
major coal exporting nations, including the United States, Aus-
tralia, Canada, Colombia, Poland, and South Africa, with spe-
cific analysis of— 
(A) direct or indirect Government subsidies to coal 
exporters; 
(B) health, 
safety, 
and 
environmental 
regulations 
imposed on each coal producer; and 
(C) trade policies relating to coal exports; 
(8) evaluate the excess capacity of foreign producers, potential 
development of new export-oriented coal mines in foreign 
nations, operating costs of foreign coal mines, capacity of ocean 
vessels to transport foreign coal, and constraints on importing 
PUBLIC LAW 99-58—JULY 2, 1985 
99 STAT. 109 
coal into the United States because of port and harbor 
availability; 
(9) identify specifically the participation of all United States 
corporations involved in mining and exporting coal from foreign 
nations; and 
(10) identify the policies governing co£d imports of all coal-
importing industrialized nations (including the United States, 
Japan, and European nations) by considering such factors as 
import duties or tariffs, import quotas, and other governmental 
restrictions or trade policies impacting coal imports. 
Approved July 2, 1985. 
LEGISLATIVE HISTORY—H.R. 1699 (S. 979): 
HOUSE REPORT No. 99-152 (Comm. on Energy and Commerce). 
CONGRESSIONAL RECORD, Vol. 131 (1985): 
June 4, considered and passed House. 
June 18, considered and passed Senate, amended, in lieu of S. 979. 
June 27, House concurred in Senate amendments.