15 U.S.C. § 774 — Reports and recommendations

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. Page 1242 TITLE 15—COMMERCE AND TRADE § 775 (d) Administrator’s interim reports to Congress The Administrator shall provide interim re- ports to the Congress from time to time and when requested by committees of Congress. (e) Energy needs analysis; time for submission; contents; continuation of analysis after ter- mination of Administration The analysis referred to in subsection (b)(6) shall include, for each of the next five fiscal years following the year in which the annual re- port is submitted and for the tenth fiscal year following such year— (1) the effect of various conservation pro- grams on such energy needs; (2) the alternate methods of meeting the en- ergy needs identified in such annual report and of— (A) the relative capital and other eco- nomic costs of each such method; (B) the relative environmental, national security, and balance-of-trade risks of each such method; (C) the other relevant advantages and dis- advantages of each such method; and (3) recommendations for the best method or methods of meeting the energy needs identi- fied in such annual report and for legislation needed to meet those needs. Notwithstanding the termination of this chap- ter, the President shall designate an appropriate Federal agency to conduct the analysis specified in subsection (b)(6). (Pub. L. 93–275, § 15, May 7, 1974, 88 Stat. 108; Pub. L. 94–385, title I, § 109(a)–(c), Aug. 14, 1976, 90 Stat. 1130.) Editorial Notes REFERENCES IN TEXT For effective date of this chapter, referred to in sub- secs. (a) and (c), see Effective and Termination Dates note set out under section 761 of this title. AMENDMENTS 1976—Subsec. (a). Pub. L. 94–385, § 109(a), redesignated subsec. (b) as (a) and struck out former subsec. (a) re- lating to submission of a report by the President to Congress with recommendations for disposition, con- tinuation, or reorganization of Energy Administration and organization of the Federal Government for the management of energy and natural resources policies and programs. Subsec. (b). Pub. L. 94–385, § 109(a)(2), (b), redesignated subsec. (c) as (b) and added par. (6) and provisions re- quiring Administrator to include in report a discussion on benefits of employing a utility and Btu tax as a means for obtaining national energy goals. Former sub- sec. (b) redesignated (a). Subsecs. (c) to (e). Pub. L. 94–385, § 109(a)(2), (c), redes- ignated subsecs. (c) to (e) as (b) to (d), respectively, and added new subsec. (e). 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. § 775. Sex discrimination; enforcement; other legal remedies No individual shall on the grounds of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity carried on or re- ceiving Federal assistance under this chapter. This provision will be enforced through agency provisions and rules similar to those already es- tablished, with respect to racial and other dis- crimination, under title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.]. However, this remedy is not exclusive and will not preju- dice or remove any other legal remedies avail- able to any individual alleging discrimination. (Pub. L. 93–275, § 16, May 7, 1974, 88 Stat. 109.) Editorial Notes REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in text, is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Civil Rights Act of 1964 is classified generally to sub- chapter V (§ 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. § 776. Repealed. Pub. L. 105–28, § 2(b)(2), July 18, 1997, 111 Stat. 245 Section, Pub. L. 93–275, § 17, May 7, 1974, 88 Stat. 110, related to composition and manner of meeting of boards, task forces, commissions, committees, or simi- lar groups not composed entirely of full-time Govern- ment employees, established or utilized by Adminis- trator. § 777. Economic analysis of proposed actions (a) Scope of analysis In carrying out the provisions of this chapter, the Administrator shall, to the greatest extent practicable, insure that the potential economic impacts of proposed regulatory and other ac- tions are evaluated and considered, including but not limited to an analysis of the effect of such actions on— (1) the fiscal integrity of State and local governments; (2) vital industrial sectors of the economy; (3) employment, by industrial and trade sec- tors, as well as on a national, regional, State, and local basis; (4) the economic vitality of regional, State, and local areas; (5) the availability and price of consumer goods and services; (6) the gross national product; (7) low and middle income families as de- fined by the Bureau of Labor Statistics; (8) competition in all sectors of industry; and (9) small business. (b) Conservation measures The Administrator shall develop analyses of the economic impact of various conservation measures on States or significant sectors there- of, considering the impact on both energy for fuel and energy as feed stock for industry. (c) Explicit analyses; interagency cooperation; other review and cause of action provisions Such analyses shall, wherever possible, be made explicit, and to the extent possible, other