15 U.S.C. § 773 — Public disclosure of information

Page 1240 TITLE 15—COMMERCE AND TRADE § 773 all data and projections as to source, time, and methodology of development, as the Adminis- trator may prescribe by regulation or order as necessary or appropriate for the proper exercise of functions under this chapter. (c) General or special orders for filing reports or answers in writing to specific questions, sur- veys, or questionnaires; oath or otherwise; filing period The Administrator may require, by general or special orders, any person engaged in any phase of energy supply or major energy consumption to file with the Administrator in such form as he may prescribe, reports or answers in writing to such specific questions, surveys, or question- naires as may be necessary to enable the Admin- istrator to carry out his functions under this chapter. Such reports and answers shall be made under oath, or otherwise, as the Administrator may prescribe, and shall be filed with the Ad- ministrator within such reasonable period as he may prescribe. (d) Investigations, physical inspections, inven- tories and samples, copies, and interroga- tions The Administrator, to verify the accuracy of information he has received or otherwise to ob- tain information necessary to perform his func- tions under this chapter, is authorized to con- duct investigations, and in connection there- with, to conduct, at reasonable times and in a reasonable manner, physical inspections at en- ergy facilities and business premises, to inven- tory and sample any stock of fuels or energy sources therein, to inspect and copy records, re- ports, and documents from which energy infor- mation has been or is being compiled, and to question such persons as he may deem nec- essary. (e) Subpenas; attendance and testimony of wit- nesses; production of evidence; enforcement; judicial orders; contempt (1) The Administrator, or any of his duly au- thorized agents, shall have the power to require by subpena the attendance and testimony of wit- nesses, and the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evi- dence which the Administrator is authorized to obtain pursuant to this section. (2) Any appropriate United States district court may, in case of contumacy or refusal to obey a subpena issued pursuant to this section, issue an order requiring the party to whom such subpena is directed to appear before the Admin- istration and to give testimony touching on the matter in question, or to produce any matter de- scribed in paragraph (1) of this subsection, and any failure to obey such order of the court may be punished by such court as a contempt there- of. (f) Federal information concerning energy re- sources on Federal lands; scope of informa- tion The Administrator shall collect from depart- ments, agencies and instrumentalities of the ex- ecutive branch of the Government (including independent agencies), and each such depart- ment, agency, and instrumentality is authorized and directed to furnish, upon his request, infor- mation concerning energy resources on lands owned by the Government of the United States. Such information shall include, but not be lim- ited to, quantities of reserves, current or pro- posed leasing agreements, environmental con- siderations, and economic impact analyses. (g) Maintenance of records and accounts With respect to any person who is subject to any rule, regulation, or order promulgated by the Administrator or to any provision of law the administration of which is vested in or trans- ferred or delegated to the Administrator, the Administrator may require, by rule, the keeping of such accounts or records as he determines are necessary or appropriate for determining com- pliance with such rule, regulation, order, or any applicable provision of law. (h) Alleviation of reporting burdens for small businesses In exercising his authority under this chapter and any other provision of law relating to the collection of energy information, the Adminis- trator shall take into account the size of busi- nesses required to submit reports with the Ad- ministrator so as to avoid, to the greatest ex- tent practicable, overly burdensome reporting requirements on small marketers and distribu- tors of petroleum products and other small busi- ness concerns required to submit reports to the Administrator. (i) Penalties for failure to file information Any failure to make information available to the Administrator under subsection (b), any fail- ure to comply with any general or special order under subsection (c), or any failure to allow the Administrator to act under subsection (d) shall be subject to the same penalties as any violation of section 796 of this title or any rule, regula- tion, or order issued under such section. (Pub. L. 93–275, § 13, May 7, 1974, 88 Stat. 107; Pub. L. 94–385, title I, §§ 107, 108, Aug. 14, 1976, 90 Stat. 1129.) Editorial Notes AMENDMENTS 1976—Subsecs. (g), (h). Pub. L. 94–385, § 107, added sub- secs. (g) and (h). Subsec. (i). Pub. L. 94–385, § 108, added subsec. (i). Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Federal Energy Administration terminated and func- tions vested by law in Administrator thereof trans- ferred to Secretary of Energy (unless otherwise specifi- cally provided) by sections 7151(a) and 7293 of Title 42, The Public Health and Welfare. § 773. Public disclosure of information (a) Analyses, data, information, reports, and summaries; objectives of disclosure The Administrator shall make public, on a continuing basis, any statistical and economic analyses, data, information, and whatever re- ports and summaries are necessary to keep the public fully and currently informed as to the na- Page 1241 TITLE 15—COMMERCE AND TRADE § 774 ture, extent, and projected duration of shortages of energy supplies, the impact of such shortages, and the steps being taken to minimize such im- pacts. (b) Freedom of Information Act applicable; dis- closure of confidential information or trade secrets; disclosure of matter included in pub- lic annual reports to Securities and Ex- change Commission and matter excepted from such disclosure Subject to the provisions of this chapter, sec- tion 552 of title 5 shall apply to public disclosure of information by the Administrator: Provided, That notwithstanding said section, the provi- sions of section 1905 of title 18, or any other pro- vision of law, (1) all matters reported to, or oth- erwise obtained by, any person exercising au- thority under this chapter containing trade se- crets or other matter referred to in section 1905 of title 18, may be disclosed to other persons au- thorized to perform functions under this chapter solely to carry out the purposes of the chapter, or when relevant in any proceeding under this chapter, and (2) the Administrator shall disclose to the public, at a reasonable cost, and upon a request which reasonably describes the matter sought, any matter of the type which could not be excluded from public annual reports to the Securities and Exchange Commission pursuant to section 78m or 78o(d) of this title by a busi- ness enterprise exclusively engaged in the man- ufacture or sale of a single product, unless such matter concerns or relates to the trade secrets, processes, operations, style of work, or appa- ratus of a business enterprise. (c) Guidelines and procedures for handling infor- mation pertaining to individuals; access of individuals to such personal information To protect and assure privacy of individuals and confidentiality of personal information, the Administrator is directed to establish guidelines and procedures for handling any information which the Administration obtains pertaining to individuals. He shall provide, to the extent prac- ticable, in such guidelines and procedures a method for allowing any such individual to gain access to such information pertaining to him- self. (Pub. L. 93–275, § 14, May 7, 1974, 88 Stat. 108.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Federal Energy Administration terminated and func- tions vested by law in Administrator thereof trans- ferred to Secretary of Energy (unless otherwise specifi- cally provided) by sections 7151(a) and 7293 of Title 42, The Public Health and Welfare. § 774. Reports and recommendations (a) Administrator’s initial submittal to President and Congress Not later than one year after the effective date of this chapter, the Administrator shall submit a report to the President and Congress which will provide a complete and independent analysis of actual oil and gas reserves and re- sources in the United States and its Outer Con- tinental Shelf, as well as of the existing produc- tive capacity and the extent to which such ca- pacity could be increased for crude oil and each major petroleum product each year for the next ten years through full utilization of available technology and capacity. The report shall also contain the Administration’s recommendations for improving the utilization and effectiveness of Federal energy data and its manner of collec- tion. The data collection and analysis portion of this report shall be prepared by the Federal Trade Commission for the Administration. Un- less specifically prohibited by law, all Federal agencies shall make available estimates, statis- tics, data and other information in their files which, in the judgment of the Commission or Administration, are necessary for the purposes of this subsection. (b) Administrator’s annual report to Congress; contents The Administrator shall prepare and submit directly to the Congress and the President every year after May 7, 1974, a report which shall in- clude— (1) a review and analysis of the major ac- tions taken by the Administrator; (2) an analysis of the impact these actions have had on the Nation’s civilian require- ments for energy supplies for materials and commodities; (3) a projection of the energy supply for the midterm and long term for each of the major types of fuel and the potential size and impact of any anticipated shortages, including rec- ommendations for measures to— (A) minimize deficiencies of energy sup- plies in relation to needs; (B) maintain the health and safety of citi- zens; (C) maintain production and employment at the highest feasible level; (D) equitably share the burden of short- ages among individuals and business firms; and (E) minimize any distortion of voluntary choices of individuals and firms; (4) a summary listing of all recipients of funds and the amount thereof within the pre- ceding period; (5) a summary listing of information-gath- ering activities conducted under section 772 of this title; and (6) an analysis of the energy needs of the United States and the methods by which such needs can be met, including both tax and nontax proposals and energy conservation strategies. In the first annual report submitted after Au- gust 14, 1976, the Administrator shall include in such report with respect to the analysis referred to in paragraph (6) a specific discussion of the utility and relative benefits of employing a Btu tax as a means for obtaining national energy goals. (c) Citizen fuel use; summer guidelines Not later than thirty days after the effective date of this chapter, the Administrator shall issue preliminary summer guidelines for citizen fuel use.