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of crude oil, residual fuel oil, refined petroleum products, natural gas, and coal.
(2) For each calendar quarter, beginning with the first complete 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 (byproduct), 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 Stateby-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
and (iv) of LPG by State and owner: quantities stored, and existing capacities, and previous priorities on types, inven
tories of suppliers, and changes in supplier inventories. (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.
(d) Upon a showing satisfactory to the Federal Energy Administrator 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 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:
(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 of this Act shall be available to the public in accordance with the provisions of section 552 of title 5, United States Code.
(g) 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. SEC. 12. ENFORCEMENT.
(a) It shall be unlawful for any person to violate any provision of section 2 (relating to coal conversion and allocation) or section 11 (relating to energy information) or to violate any rulé, regulation, or order issued pursuant to any such provision.
(b)(1) Whoever violates any provision of subsection (a) shall be subject to a civil penalty of not more than $2,500 for each 'violation.
(2) Whoever willfully violates any provision of subsection (a) shall be fined not more than $5,000 for each violation.
(3) It shall be unlawful for any pe.. in commerce any coal in violation of an pursuant to section 2(d). Any person who knu. violates this paragraph after having been subjected u for a prior violation of the same provision of any order o. issued pursuant to section 2(d) shall be fined not more than du or imprisoned not more than six months, or both.
(4) Whenever it appears to the Federal Energy Administrator or iny person authorized by the Federal Energy Administrator to exercise authority under this section 2 or section 11 of this Act that any individual or organization has engaged, is engaged, or is about to engage in acts or practices constituting a violation of subsection (a) the Federal Energy Administrator or such person may request the Attorney General to bring a civil action to enjoin such acts or practices, and upon a proper showing, a temporary restraining order or a preliminary or permanent injunction shall be granted without bond. In such action, the court may also issue mandatory injunctions commanding any person to comply with any provision, the violation of which is prohibited by subsection (a).
(5) Any person suffering legal wrong because of any act or practice arising out of any violation of subsection (a) may bring a civil action for appropriate relief, including an action for a declaratory judgment or writ of injunction. United States district courts shall have jurisdiction of actions under this paragraph without regard to the amount in controversy. Nothing in this paragraph shall authorize any person to recover damages. SEC. 13. EXTENSION OF CLEAN AIR ACT AUTHORIZATION.
(a) Section 104(c) of the Clean Air Act is amended by striking "and $150,000,000 for fiscal year ending June 30, 1974” and inserting in lieu thereof", $150,000,000 for the fiscal year ending June 30, 1974, and $150,000,000 for the fiscal year ending June 30, 1975.".
(b) Section 212(i) of such Act is amended by striking "three succeeding fiscal years," and inserting in lieu thereof “four succeeding fiscal years.".
(c) Section 316 of such Act is amended by striking "and $300,000,000 for the fiscal year ending June 30, 1974” and inserting in lieu thereof “, $300,000,000 for the fiscal year ending June 30, 1974, and $300,000,000 for the fiscal year ending June 30, 1975”. SEC. 14. DEFINITIONS.
(a) For purposes of this Act and the Clean Air Act the term "Federal Energy Administrator” means the Administrator of the Federal Energy Administration established by Federal Energy Administration Act of 1974 (Public Law 93–275); except that until such Administrator takes office and after such Administration ceases to exist, such term means any officer of the United States designated as Federal Energy Administrator by the President for purposes of this Act and section 119 of the Clean Air Act.
(b) For purposes of this Act, the term “petroleum product” means crude oil, residual fuel oil, or any refined petroleum product (as defined in section 3(5) of the Emergency Petroleum Allocation Act of 1973).
Approved June 22, 1974.
House Reports: No. 93–1013 (Comm. on Interstate and Foreign Com
merce) and No. 93-1085 (Comm. of Conference). Congressional Record, Vol. 120 (1974):
May 1, considered and passed House.
June 12, Senate agreed to conference report.
June 26, Presidential statement.