15 U.S.C. § 797 — Enforcement

Page 1257 TITLE 15—COMMERCE AND TRADE § 797 The Administrator shall file quarterly reports with the President and the Congress compiled from accounts kept in accordance with such sec- tion 503 and submitted to the Administrator in accordance with this paragraph. Such reports shall present energy information in the cat- egories specified in subsection (c) of such section 503 to the extent that such information may be compiled from such accounts. Such energy infor- mation shall be collected and such quarterly re- ports made for each calendar quarter which be- gins 6 months after the date on which the ac- counting practices developed pursuant to such section 503 are made effective. (d) Confidential information 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; except that such information, or part thereof, shall not be deemed confidential for purposes of disclo- sure, upon request, to (1) any delegate of the Federal Energy Administrator for the purpose of carrying out this chapter and the Emergency Petroleum Allocation Act of 1973 [15 U.S.C. 751 et seq.],1 (2) the Attorney General, the Secretary of the Interior, the Federal Trade Commission, the Federal Power Commission, or the Govern- ment Accountability Office, when necessary to carry out those agencies’ duties and responsibil- ities under this and other statutes, and (3) the Congress, or any committee of Congress upon re- quest of the Chairman. (e) Definitions As used in this section: (1) The term ‘‘energy information’’ includes (A) all information in whatever form on (i) fuel reserves, exploration, extraction, and en- ergy resources (including petrochemical feed- stocks) wherever located; (ii) production, dis- tribution, and consumption of energy and fuels wherever carried on; and (B) matters re- lating to energy and fuels, such as corporate structure and proprietary relationships, costs, prices, capital investment, and assets, and other matters directly related thereto, wher- ever they exist. (2) The term ‘‘person’’ means any natural person, corporation, partnership, association, consortium, or any entity organized for a com- mon 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 ter- ritories and possessions of the United States. (f) Availability of energy information Information obtained by the Administration under authority of this chapter shall be avail- able to the public in accordance with the provi- sions of section 552 of title 5. (g) Independent nature of authority to gather en- ergy information 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. (Pub. L. 93–319, § 11, June 22, 1974, 88 Stat. 262; Pub. L. 94–163, title V, §§ 505(a), 506, Dec. 22, 1975, 89 Stat. 960; Pub. L. 95–620, title VII, § 762(d), Nov. 9, 1978, 92 Stat. 3346; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 93–319. For com- plete classification of this Act to the Code, see Short Title note set out under section 791 of this title and Ta- bles. The Emergency Petroleum Allocation Act of 1973, re- ferred to in subsecs. (a), (c)(2)(C), and (d), is Pub. L. 93–159, Nov. 27, 1973, 87 Stat. 628, which was classified generally to chapter 16A (§ 751 et seq.) of this title, was omitted from the Code pursuant to section 760g of this title, which provided for the expiration of the Presi- dent’s authority under that chapter on Sept. 30, 1981. AMENDMENTS 2004—Subsec. (d). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. 1978—Subsec. (g). Pub. L. 95–620 struck out provisions comprising par. (2) relating to termination of this sec- tion at midnight, Dec. 31, 1979, and designated remain- ing provisions as subsec. (g). 1975—Subsec. (c)(3). Pub. L. 94–163, § 505(a), added par. (3). Subsec. (g)(2). Pub. L. 94–163, § 506, substituted ‘‘De- cember 31, 1979’’ for ‘‘June 30, 1975’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT 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. EFFECTIVE DATE OF 1975 AMENDMENT Pub. L. 94–163, title V, § 505(b), Dec. 22, 1975, 89 Stat. 960, provided that: ‘‘The amendment made by sub- section (a) to section 11(c) of the Energy Supply and Environmental Coordination Act of 1974 [subsec. (c) of this section] shall take effect on the first day of the first accounting quarter to which such practices apply.’’ 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. The Federal Power Commission was terminated and its functions, personnel, property, funds, etc., were transferred to Secretary of Energy (except for certain functions transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and 7293 of Title 42. § 797. Enforcement (a) Violations It shall be unlawful for any person to violate any provision of section 792 of this title (relat- Page 1258 TITLE 15—COMMERCE AND TRADE § 798 1 See References in Text note below. ing to coal conversion and allocation) or section 796 of this title (relating to energy information) or to violate any rule, regulation, or order issued pursuant to any such provision. (b) Penalties; injunctions; declaratory judgments (1) Whoever violates any provision of sub- section (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 person to offer for sale or distribute in commerce any coal in violation of an order or regulation issued pursu- ant to section 792(d) of this title. Any person who knowingly and willfully violates this para- graph after having been subjected to a civil pen- alty for a prior violation of the same provision of any order or regulation issued pursuant to section 792(d) of this title shall be fined not more than $50,000, or imprisoned not more than six months, or both. (4) Whenever it appears to the Federal Energy Administrator or any person authorized by the Federal Energy Administrator to exercise au- thority under section 792 of this title or section 796 of this title that any individual or organiza- tion has engaged, is engaged, or is about to en- gage in acts or practices constituting a viola- tion of subsection (a) the Federal Energy Ad- ministrator or such person may request the At- torney General to bring a civil action to enjoin such acts or practices, and upon a proper show- ing, a temporary restraining order or a prelimi- nary 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 viola- tion 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 ap- propriate relief, including an action for a declar- atory 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. (Pub. L. 93–319, § 12, June 22, 1974, 88 Stat. 264.) 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. § 798. Definitions (a) For purposes of this chapter and the Clean Air Act [42 U.S.C. 7401 et seq.] the term ‘‘Federal Energy Administrator’’ means the Adminis- trator of the Federal Energy Administration es- tablished by Federal Energy Administration Act of 1974 [15 U.S.C. 761 et seq.]; 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 chapter and section 119 1 of the Clean Air Act [42 U.S.C. 1857c–10]. (b) For purposes of this chapter, the term ‘‘pe- troleum product’’ means crude oil, residual fuel oil, or any refined petroleum product (as defined in section 752(5) 1 of this title). (Pub. L. 93–319, § 14, June 22, 1974, 88 Stat. 265.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 93–319. For complete classification of this Act to the Code, see Short Title note set out under section 791 of this title and Tables. The Clean Air Act, referred to in subsec. (a), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) 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 7401 of Title 42 and Tables. Section 119 of the Clean Air Act [42 U.S.C. 1857c–10], referred to in subsec. (a), was repealed by Pub. L. 95–95, § 112(b)(1), Aug. 7, 1977, 91 Stat. 709, which is set out as a Compliance Orders note under section 792 of this title. A new section 119 of the Clean Air Act was added by Pub. L. 95–95, § 117(b), and is classified to section 7419 of Title 42. The Federal Energy Administration Act of 1974, re- ferred to in subsec. (a), is Pub. L. 93–275, May 7, 1974, 88 Stat. 96, which is classified generally to chapter 16B (§ 761 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 761 of this title and Tables. Section 752 of this title, referred to in subsec. (b), was omitted from the Code pursuant to section 760g of this title, which provided for the expiration of the Presi- dent’s authority under that section on Sept. 30, 1981. 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. CHAPTER 17—PRODUCTION, MARKETING, AND USE OF BITUMINOUS COAL SUBCHAPTER A—BITUMINOUS COAL CONSERVATION ACT OF 1935 §§ 801 to 827. Repealed. Apr. 26, 1937, ch. 127, § 20(a), 50 Stat. 90 Sections, act Aug. 30, 1935, ch. 824, §§ 1–23, 49 Stat. 991, comprised the Bituminous Coal Conservation Act of 1935. SUBCHAPTER B—BITUMINOUS COAL ACT OF 1937 §§ 828 to 852. Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 649, 651 Sections, act Apr. 26, 1937, ch. 127, §§ 1–22, 50 Stat. 75–91, related to the regulation of interstate commerce of bituminous coal. Section 849 of this title was amended by acts Apr. 11, 1941, ch. 64, § 1(a), 55 Stat. 134; Apr. 24, 1943, ch. 68, 57 Stat. 68; May 21, 1943, ch. 97, 57 Stat. 82.