§ 796. Reporting of energy information

Footnotes

1. 1 See References in Text note below.
2. 2 So in original. Probably should be “employee”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1974

   Pub. L. 93–319 § 11 · 88 Stat. 246

   Enacted · 15 U.S.C. § 796

   Pub. L. 93–319, § 11, June 22, 1974, 88 Stat. 262

   Source evidence

   Code source credit
   Pub. L. 93–319, § 11, June 22, 1974, 88 Stat. 262

   Enacted provision · exact public law section
   SEC. 11. REPORTING OF ENERGY INFORMATION. (a) For the purpose of assuring that the Federal Energy Administrator, the Congress, the States, and the public have access to and are able to obtain reliable energy information, the Federal Energy Administrator shall request, acquire, and collect such energy information as he determines to be necessary to assist in the formulation of energy policy or to carry out the purposes of this Act or the Emergency Petroleum Allocation Act of 1973. The Federal Energy Administrator 15 USC 751 note. Rules. shall promptly promulgate rules pursuant to subsection (b) (1) (A) of this section requiring reports of such information to be submitted to the Federal Energy Administrator at least every ninety calendar days. (b) (1) In order to obtain energy information for the purpose of carrying out the provisions of subsection (a), the Federal Energy Administrator is authorized— (A) to require, by rule, any person who is engaged in the production, processing, refining, transportation by pipeline, or distribution (at other than the retail level) of energy resources to submit reports; (B) to sign and issue subpenas for the attendance and testimony of witnesses and the production of books, records, papers, and other documents; (C) to require any person, by general or special order, to submit answers in writing to interrogatories, requests for reports or for other information; and such answers or other submissions shall be made within such reasonable period, and under oath or otherwise, as the Federal Energy Administrator may determine; and (D) to administer oaths. (2) For the purpose of verifying the accuracy of any energy Accuracy, verification. information requested, acquired, or collected by the Federal Energy Administrator, the Federal Energy Administrator, or any officer or employer duly designated by him, upon presenting appropriate credentials and a written notice from the Federal Energy Administrator to the owner, operator, or agent in charge, may— (A) enter, at reasonable times, any business premise or facility; and (B) inspect, at reasonable times and in a reasonable manner, any such premise or facility, inventory and sample any stock of energy resources therein, and examine and copy books, records, papers, or other documents, relating to any such energy information. (3) Any United States district court within the jurisdiction of Compliance order. which any inquiry is carried on may, upon petition by the Attorney General at the request of the Federal Energy Administrator, in the case of refusal to obey a subpena or order of the Federal Energy Administrator issued under this section, issue an order requiring compliance therewith; and any failure to obey the order of the court may be punished by the court as a contempt thereof. (c) (1) The Federal Energy Administrator shall exercise the authorities granted to him under subsection (b)(1)(A) to develop, within thirty days after the date of enactment of this Act, as full and accurate a measure as is reasonably practicable of— (A) domestic reserves and production; (B) imports; and (C) inventories; of crude oil, residual fuel oil, refined petroleum products, natural gas, and coal. (2) For each calendar quarter beginning with the first complete Energy information, quarterly report. calendar quarter following the date of enactment of this Act, the Federal Energy Administrator shall develop and publish a report containing the following energy information: (A) Imports of crude oil, residual fuel oil, refined petroleum products (by product), natural gas, and coal, identifying (with respect to each such oil, product, gas, or coal) country of origin, arrival point, quantity received, and the geographic distribution within the United States. (B) Domestic reserves and production of crude oil, natural gas, and coal. (C) Refinery activities, showing for each refinery within the United States (i) the amounts of crude oil run by such refinery, (ii) amounts of crude oil allocated to such refinery pursuant to regulations and orders of the Federal Energy Administrator, his delegate pursuant to the Emergency Petroleum Allocation Act of 1973, or any other person authorized by law to issue regulations and orders with respect to the allocation of crude oil, (iii) percentage of refinery capacity utilized, and (iv) amounts of products refined from such crude oil. (D) Report of inventories, on a national, regional, and State-by-State basis— (i) of various refined petroleum products, relating refiners, refineries, suppliers to refiners, share of market, and allocation fractions; (ii) of various refined petroleum products, previous quarter deliveries and anticipated three-month available supplies; (iii) of anticipated monthly supply of refined petroleum products, amount of set-aside for assignment by the State, anticipated State requirements, excess or shortfall of supply, and allocation fraction of base year; and (iv) of LPG by State and owner: quantities stored, and existing capacities, and previous priorities on types, inventories of suppliers, and changes in supplier inventories. (d) Upon a showing satisfactory to the Federal Energy Administrator Confidential information. by any person that any energy information obtained under this section from such person would, if made public, divulge methods or processes entitled to protection as trade secrets or other proprietary information of such person, such information, or portion thereof, shall be confidential in accordance with the provisions of section 1905 of title 18, United States Code; except that such information, or part thereof, shall not be deemed confidential for purposes of disclosure, upon request, to (1) any delegate of the Federal Energy Administrator for the purpose of carrying out this Act and the Emergency Petroleum Allocation Act of 1973, (2) the Attorney General, the Secretary of the 15 USC 751 note. Interior, the Federal Trade Commission, the Federal Power Commission, or the General Accounting Office, when necessary to carry out those agencies’ duties and responsibilities under this and other statutes, and (3) the Congress, or any committee of Congress upon request of the Chairman. (e) As used in this section: Definitions. (1) The term “energy information” includes (A) all information in whatever form on (i) fuel reserves, exploration, extraction, and energy resources (including petrochemical feedstocks) wherever located; (ii) production, distribution, and consumption of energy and fuels wherever carried on; and (B) matters relating to energy and fuels, such as corporate structure and proprietary relationships, costs, prices, capital investment, and assets, and other matters directly related thereto, wherever they exist. (2) The term “person” means any natural person, corporation, partnership, association, consortium, or any entity organized for a common business purpose, wherever situated, domiciled, or doing business, who directly or through other persons subject to their control does business in any part of the United States. (3) The term “United States” when used in the geographical sense means the States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States. (f) Information obtained by the Administration under authority Information, availability. of this Act shall be available to the public in accordance with the provisions of section 552 of title 5, United States Code. (g) (1) The authority contained in this section is in addition to, independent of, not limited by, and not in limitation of, any other authority of the Federal Energy Administrator. (2) The provisions of this section expire at midnight, June 30, 1975, Expiration date. but such expiration shall not affect any administrative or judicial proceeding which relates to any act or failure to act if such act or failure to act was not in compliance with the requirements and authorities of this section and occurred prior to midnight, June 30, 1975.

2. 1975

   Energy Policy and Conservation Act

   Pub. L. 94–163 § 505(a) · 89 Stat. 871

   Added · 15 U.S.C. § 796(c)(3)

   Pub. L. 94–163, § 505(a), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 94–163, § 505(a), added par. (3).

   Enacted provision · exact public law section
   (a) Section 11(c) of The Energy Supply and Environmental 15 USC 796. Coordination Act of 1974 is amended by adding at the end thereof the following: “(3) In order to carry out his responsibilities under subsection (a) of this section, the Federal Energy Administrator shall require, pursuant to subsection (b) (1) (A) of this section, that persons engaged, in whole or in part, in the production of crude oil or natural gas— “(A) keep energy information in accordance with the accounting practices developed pursuant to section 503 of the Energy Policy and Conservation Act, and “(B) submit reports with respect to energy information kept in accordance with such practices. The Administrator shall file quarterly reports with the President and the Congress compiled from accounts kept in accordance with such section 503 and submitted to the Administrator in accordance with this paragraph. Such reports shall present energy information in the categories specified in subsection (c) of such section 503 to the extent that such information may be compiled from such accounts. Such energy information shall be collected and such quarterly reports made for each calendar quarter which begins 6 months after the date on which the accounting practices developed pursuant to such section 503 are made effective.”.

3. 1975

   Energy Policy and Conservation Act

   Pub. L. 94–163 § 506 · 89 Stat. 871

   Substituted · 15 U.S.C. § 796(g)(2)

   Pub. L. 94–163, § 506, substituted “December 31, 1979” for “June 30, 1975” in two places

   Source evidence

   Code amendment note
   Subsec. (g)(2). Pub. L. 94–163, § 506, substituted “December 31, 1979” for “June 30, 1975” in two places.

   Enacted provision · exact public law section
   Sec. 506. extension of energy information gathering authority Section 11(g)(2) of the Energy Supply and Environmental Coordination Act of 1974 is amended by striking out “June 30, 1975” wherever it appears and inserting in lieu thereof “December 31, 1979”.

4. 1978

   Pub. L. 95–620 title VII § 762(d) · 92 Stat. 3289

   1. Struck · 15 U.S.C. § 796(g)

      Pub. L. 95–620 struck out provisions comprising par. (2) relating to termination of this section at midnight, Dec. 31, 1979

   2. Amended · 15 U.S.C. § 796(g)

      Pub. L. 95–620 designated remaining provisions as subsec. (g)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 95–620 struck out provisions comprising par. (2) relating to termination of this section at midnight, Dec. 31, 1979, and designated remaining provisions as subsec. (g).

   Enacted provision · exact public law section
   (d) Amendments to ESECA.— (1) Section 11(g) of the Energy 15 USC 796. Supply and Environmental Coordination Act of 1974 is amended—(1) by striking out paragraph (2), and (2) in paragraph (1), by striking out “(g) (1)” and inserting in lieu thereof “(g).

   Effective date note
   Amendment by Pub. L. 95–620 effective 180 days after Nov. 9, 1978, see section 901 of Pub. L. 95–620, set out as an Effective Date note under section 8301 of Title 42, The Public Health and Welfare.

5. 2004

   GAO Human Capital Reform Act of 2004

   Pub. L. 108–271 § 8(b) · 118 Stat. 811

   Substituted · 15 U.S.C. § 796(d)

   Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

   Enacted provision · exact public law section
   (b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.

6 of 6 references resolved to an enrolled provision