42 U.S.C. § 6384 — Enforcement

Page 6824 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6384 (C) exploration, (D) development, and (E) production, including geological and geophysical costs, carrying costs, unsuccessful exploratory drill- ing costs, intangible drilling and development costs on productive wells, the cost of unsuc- cessful development wells, and the cost of ac- quiring oil and gas reserves by means other than development. Any such calculation shall take into account disposition of capitalized costs, contractual arrangements involving special conveyance of rights and joint oper- ations, differences between book and tax in- come, and prices used in the transfer of prod- ucts or other assets from one person to any other person, including a person controlled by, controlling, or under common control with such person. (2) The full presentation of the financial in- formation of persons engaged in the produc- tion of crude oil or natural gas, including— (A) disclosure of reserves and operating ac- tivities, both domestic and foreign, to facili- tate evaluation of financial effort and result; and (B) classification of financial information by function to facilitate correlation with re- serve and operating statistics, both domestic and foreign. (3) Such other information, projections, and relationships of collected data as shall be nec- essary to facilitate the compilation of such data base. (Pub. L. 94–163, title V, § 503, Dec. 22, 1975, 89 Stat. 958; Pub. L. 95–91, title III, § 301, title IV, § 402, title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 583, 606, 607; Pub. L. 105–388, § 5(a)(15), Nov. 13, 1998, 112 Stat. 3479; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes AMENDMENTS 2004—Subsec. (b)(1). Pub. L. 108–271 substituted ‘‘Gov- ernment Accountability Office’’ for ‘‘General Account- ing Office’’. 1998—Subsec. (b). Pub. L. 105–388, § 5(a)(15)(A), sub- stituted ‘‘with respect to’’ for ‘‘with repect to’’ in con- cluding provisions. Subsec. (c)(1). Pub. L. 105–388, § 5(a)(15)(B), substituted ‘‘, controlling,’’ for ‘‘controlling’’ in concluding provi- sions. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary’’ and ‘‘Federal Energy Regulatory Com- mission’’ substituted for ‘‘Federal Energy Administra- tion’’ and ‘‘Federal Power Commission’’, respectively, in subsec. (b)(1) pursuant to sections 301, 402, 703, and 707 of Pub. L. 95–91, which are classified to sections 7151, 7172, 7293, and 7297 of this title and which termi- nated the Federal Energy Administration and trans- ferred its functions (with certain exceptions) to the Secretary of Energy and terminated the Federal Power Commission and transferred its functions to the Fed- eral Energy Regulatory Commission and the Secretary of Energy. § 6384. Enforcement (a) Civil penalties Any person who violates any general or spe- cial order of the Comptroller General issued under section 6382(a)(1)(B) of this title may be assessed a civil penalty not to exceed $10,000 for each violation. Each day of failure to comply with such an order shall be deemed a separate violation. Such penalty shall be assessed by the Comptroller General and collected in a civil ac- tion brought by the Comptroller General through any attorney employed by the Govern- ment Accountability Office or any other attor- ney designated by the Comptroller General, or, upon request of the Comptroller General, the Attorney General. A person shall not be liable with respect to any period during which the ef- fectiveness of the order with respect to such per- son was stayed. (b) Jurisdiction; process Any action to enjoin or set aside an order issued under section 6382(a)(1)(B) of this title may be brought only before the United States Court of Appeals for the District of Columbia. Any action to collect a civil penalty for viola- tion of any general or special order may be brought only in the United States District Court for the District of Columbia. In any action brought under subsection (a) to collect a civil penalty, process may be served in any judicial district of the United States. (c) Securing compliance with subpena Upon petition by the Comptroller General through any attorney employed by the Govern- ment Accountability Office or designated by the Comptroller General, or, upon request of the Comptroller General, the Attorney General, any United States district court within the jurisdic- tion of which any inquiry under this part is car- ried on may, in the case of refusal to obey a sub- pena of the Comptroller General issued under this part, issue an order requiring compliance therewith; and any failure to obey the order of the court may be treated by the court as a con- tempt thereof. (Pub. L. 94–163, title V, § 504, Dec. 22, 1975, 89 Stat. 959; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes AMENDMENTS 2004—Subsecs. (a), (c). Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Ac- counting Office’’. § 6385. Petroleum product information The President or his delegate shall, pursuant to authority otherwise available to the Presi- dent or his delegate under any other provision of law, collect information on the pricing, supply, and distribution of petroleum products by prod- uct category at the wholesale and retail levels, on a State-by-State basis, which was collected as of September 1, 1981, by the Energy Informa- tion Administration. (Pub. L. 94–163, title V, § 507, as added Pub. L. 97–229, § 5(a), Aug. 3, 1982, 96 Stat. 252.)