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 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 935

recipient of the proceeds of such assistance, the total cost of the project or program for which such assistance was given or used, the source and amount of funds for such projects or programs not supplied by the Administrator, and such other records as the Administrator determines necessary to facilitate an effective audit and performance evaluation. The Administrator and Comptroller General of the United Access and audit. States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any pertinent books, documents, papers, and records of any recipient of Federal assistance under this part. ' ENERGY CONSERVATION GOALS

SEC. 364. Upon the basis of the reports submitted pursuant to this 42 USC 6324. part and such other information as is available, the Administrator shall, at the earliest practicable date, set an energy conservation goal for each State for 1980 and may set interim goals. Such goal or goals shall consist of the maximum reduction in the consumption of energy during any year as a result of the implementation of the State energy conservation plan described in section 362(b) which is consistent with technological feasibility, financial resources, and economic objectives, by comparison with the projected energy consumption for such State in such year. The Administrator shall specify the assumptions used in the determination of the projected energy consumption in each State, taking into account population trends, economic growth, and the effects of national energy conservation programs. GENERAL PROVISIONS

SEC. 365. (a) The Administrator may prescribe such rules as may be necessary or appropriate to carry out his authority under this part. (b) In carrying out the provisions of sections 362 and 364 and subsection (a) of section 363, the Administrator shall consult with appropriate departments and Federal agencies. (c) The Administrator shall report annually to the President and the Congress, and shall furnish copies of such report to the Governor of each State, on the operation of the program under this part. Such report shall include an estimate of the energy conservation achieved, the degree of State participation and achievement, a description of innovative conservation programs undertaken by individual States, and the recommendations of the Administrator, if any, for additional legislation. (d) There are authorized to be appropriated for carrying out the provisions of this part $50,000,000 for fiscal year 1976, $50,000,000 for fiscal year 1977, and $50,000,000 for fiscal year 1978.

Rules, 42 USC 6325. Consultation, Annual report: to President and Congress, v

Appropriation authorization,

DEFINITIONS

SEC. 366. As used in this part— 42 USC 6326. (1) The term "public building" means any building which is open to the public during normal business hours. (2) The term "transportation controls" means any plan, procedure, method, or arrangement, or any system of incentives, disincentives, restrictions, and requirements, which is designed to reduce the amount of energy consumed in transportation, except that the term does not include rationing of gasoline or diesel fuel.

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 89 STAT. 936

PUBLIC LAW 94-163—DEC. 22, 1975 PART D—INDUSTRIAL ENERGY CONSERVATION DEFINITIONS

42 USC 6341.

42 USC 6342.

SEC. 371. As used in this part— (1) The term "chief executive officer" means, within a corporation, the individual whom the Administrator determines, for purposes of this part, is in charge of operations. (2) The term "corporation" means a person as defined in section 3(2)(B) and includes any person so defined which controls, is controlled by, or is under common control with such person. If a corporation is engaged in more than one major energy-consuming industry, such corporation shall be treated as a separate corporation with respect to each such industry. (3) The term "energy efficiency" means the amount of industrial output or activity per unit of energy consumed therein, as determined by the Administrator. (4) The term "major energy-consuming industry" means a twodigit classification, within the manufacturing division of economic activity set forth in the Standard Industrial Classification (SIC) Manual by a code number, which the Administrator determines is suited to the purposes of this part. SEC. 372. The Administrator shall establish and maintain, in consultation with the Secretary of Commerce and the Administrator of the Energy Research and Development Administration, a program— (1) to promote increased energy efficiency by American industry, and (2) to establish voluntary energy efficiency improvement targets for at least the 10 most energy-consumptive major energyconsuming industries. IDENTIFICATION OF MAJOR ENERGY CONSUMERS

42 USC 6343.

SEC. 373. Within 90 days after the date of enactment of this Act, the Administrator shall identify each major energy-consuming industry in the United States, and shall establish a priority ranking of such industries on the basis of their respective total annual energy consumption. Within each industry so identified, the Administrator shall identify each corporation which— (1) consumes at least one trillion British thermal units of energy per year, and (2) is among the corporations identified by the Administrator as the 50 most energy-consumptive corporations in such industry. INDIVIDUAL ENERGY EFFICIENCY IMPROVEMENT TARGETS

42 USC 6344.

SEC. 374. (a) Within one year after the date of enactment of this Act, the Administrator shall set an industrial energy efficiency improvement target for each of the 10 most energy-consumtive industries identified under section 373. Each such target— (1) shall be based upon the best available information, (2) shall be established at the level which represents the maximum feasible improvement in energy efficiency which such industry can achieve by January 1, 1980, and Publication in the (3) shall be published in the Federal Register, together with Federal Register. a statement of the basis and justification for each such target. (b) I n determining maximum feasible improvement under subsection (a) and under subsection (c), the Administrator shall consider— (1) the objectives of the program established under section 372,

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 PUBLIC LAW 94-163—DEC. 22, 1975 (2) the technological feasibility and economic practicability of utilizing alternative operating procedures and more energy eflSlcient technologies, (3) any special circumstances or characteristics of the industry for which the target is being set, and (4) any actions planned or implemented by each such industry to reduce consumption by such industry of petroleum products and natural gas. (c) The Administrator may, in order to carry out section 372(1), set an industrial energy efficiency improvement target for any major energy-consuming industry to which subsection (a) does not apply. Each such target— (1) shall be based upon the best available information, (2) shall be established at the level which represents the maximum feasible improvement in energy efficiency which such industry can achieve by January 1, 1980, and (3) shall be published in the Federal Register, together with a statement of the basis and justification for each such target. (d) Any target established under subsection (a) or (c) may be modified at any time if the Administrator— (1) determines that such target cannot reasonably be attained, or could reasonably be made more stringent, and (2) publishes such determination in the Federal Register, together with a statement of the basis and justification for such modification.

89 STAT. 937

Publication in Federal Register.

Publication in Federal Register.

KEP0RT8

SEC. 375. (a) The chief executive officer (or individual designated by such officer) of each corporation which is identified by the Administrator pursuant to section 373, and which is in an industry for which an industrial energy efficiency improvement target has been set under section 374(a), shall report to the Administrator not later than January 1, 1977, and annually thereafter, on the progress which such corporation has made in improving its energy efficiency. Such report shall contain such information as the Administrator determines is necessary to measure progress toward meeting the energy efficiency improvement target set for the industry of which such corporation is a part, except that the Administrator shall not require such report if such corporation is in an industry which has an adequate voluntary reporting program (as defined by section 376(g)). (b) The Administrator shall prepare, publish, and make available, for use in complying with the reporting requirements under subsection (a), a simple form which shall be designed in such a way as to avoid imposing an undue burden on any corporation which is required to submit reports under subsection (a). (c) The Administrator shall prepare and submit to the Congress and to the President, and shall cause to be published, an annual report on the industrial energy efficiency program established under section 372. Each such report shall include— (1) a summary of the progress made toward the achievement of the industrial energy efficiency improvement targets set by the Administrator; and (2) a summary of the progress made toward meeting such industrial energy efficiency improvement targets since the date of publication of the previous such report, if any.

Report to EPA Administration. 42 USC 6345.

Forms.

Annual report to Congress and President.

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 89 STAT. 938

PUBLIC LAW 94-163—DEC. 22, 1975 GENERAL

Jurisdiction. 42 USC 6346.

15 USC 796. Post, p. 956.

Exemption.

PROVISIONS

SEC. 376. (a) The district courts of the United States shall have jurisdiction, upon petition, to issue an order to the chief executive officer of any corporation subject to the reporting requirements of section 3 7 5 (a), requiring such person to comply forthwith. F a i l u r e to obey such an order shall be treated by any such court as a contempt thereof. (b) I n addition to the exercise of authority under this part, the Administrator may exercise any authority he has under any provision of law (other than this part) to obtain such information with respect to industrial energy efficiency and industrial energy conservation as is necessary or appropriate to the attainment of the objectives of the program established under section 372. (c) The Administrator shall afford interested persons an opportunity to submit written and oral data, views, and arguments prior to the establishment of any industrial energy efficiency improvement target under section 374 and prior to publication of any reporting requirements under section 375. (d) Any information submitted by a corporation to the Administrator under this part shall not be considered energy information, as defined by section 11(e)(1) of the Energy Supply and Environmental Coordination Act of 1974, for purposes of any verification examination authorized to be conducted by the Comptroller General under section 501 of this Act. (e) The Administrator may not disclose any information obtained under this part which is a trade secret or other m a t t e r described in section 552(b)(4) of title 5, United States Code, disclosure of which may cause significant competitive d a m a g e; except to committees of Congress upon request of such committees. P r i o r to disclosing any information described in such section 5 5 2 (b)(4), the Administrator shall afford the person who provided such information an opportunity to comment on the proposed disclosure. (f) No liability shall attach, and no civil or criminal penalties may be imposed, for any failure to meet any industrial energy efficiency improvement target established under section 374 of this Act. (g)(1) The Administrator shall exempt a corporation from the requirements of section 375(a) if such corporation is in an industry which has an adequate voluntary reporting program, as determined by the Administrator annually after notice and opportunity for interested persons to comment. A n industry's voluntary reporting program shall be determined to be adequate only if— (A) each corporation within such industry which is identified under section 373 fully participates in such program; (B) all information deemed necessary by the Administrator for purposes of evaluating the progress made by such industry in achieving the industry energy efficiency improvement target set forth under section 374 is provided to the A d m i n i s t r a to r; and (C) reports made to a trade association or other person, in connection with such program, are retained for a reasonable period of time and are available to the Administrator. (2) I f the Administrator determines that an industry's voluntary reporting program is not adequate solely on the basis that any corporation within such industry is not fully participating in such program, he shall exempt from the requirements of section 375(a) only those corporations which fully participate in such program. (h) Nothing in this part shall limit the authority of the Administ r a to r to require reports of energy information under any other law.

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 PUBLIC LAW 94-163—DEC. 22, 1975 PART

E—OTHER

FEDERAL

ENERGY

89 STAT. 939

CONSERVATION MEASURES

FEDERAL ENERGY CONSERVATION PROGRAMS

SEC. 381. (a)(1) The President shall, to the extent of his authority under other law, establish or coordinate Federal agency actions to develop mandatory standards with respect to energy conservation and energy efficiency to govern the procurement policies and decisions of the Federal Government and all Federal agencies, and shall take such steps as are necessary to cause such standards to be implemented. (2) The President shall develop and, to the extent of his authority under other law, implement a 10-year plan for energy conservation with respect to buildings owned or leased by an agency of the United States. Such plan shall include mandatory lighting efficiency standards, mandatory thermal efficiency standards and insulation requirements, restrictions on hours of operation, thermostat controls, and other conditions of operation, and plans for replacing or retrofitting to meet such standards. (b)(1) The Administrator shall establish and carry out a responsible public education program— (A) to encourage energy conservation and energy efficiency; or (B) to promote van pooling and carpooling arrangements. (2) For purposes of this subsection: (A) The term "van" means any automobile which the Administrator determines is manufactured primarily for use in the transportation of not less than 8 individuals and not more than 15 individuals. (B) The term "van pooling arrangement" means an arrangement for the transportation of employees between their residences or other designated locations and their place of employment on a nonprofit basis in which the operating costs of such arrangement are paid for by the employees utilizing such arrangement. (c) The President shall submit to the Congress an annual report concerning all steps taken under subsections (a) and (b).

42 USC 6361.

Definitions.

Annual report to Congress.

ENERGY CONSERVATION I N POLICIES AND PRACTICES OP CERTAIN FEDERAL AGENCIES

SEC. 382. (a)(1) The Civil Aeronautics Board, the Interstate Commerce Commission, the Federal Maritime Commission, the Federal Power Commission, and the Federal Aviation Administration shall each conduct a study and shall each report to the Congress within 60 days after the date of enactment of this Act with respect to energy conservation policies and practices which such agencies have instituted subsequent to October 1973. (2) Each of the agencies specified in paragraph (1) shall, within 120 days after the date of enactment of this Act, report to the Congress with respect to the content and feasibility of proposed programs for additional savings in energy consumption by the persons regulated by each such agency which have as a minimum goal a 10-percent reduction, within 12 months of the institution of such programs, in energy consumption from the amount of energy consumed during calendar 1972, including any legislative recommendations each such agency finds are necessary to achieve such goal. (3) Each of the agencies specified in paragraph (1) shall conduct a study and prepare a report with respect to any requirement of any law administered by such agency or any major regulatory action which

Report to Congress. 42 USC 6362.

Report to Congress.

Report to Congress.

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 89 STAT. 940

Energy impact statement.

PUBLIC LAW 94-163—DEC. 22, 1975 the agency determines has the effect of requiring, permitting, or inducing the inefficient use of petroleum products, coal, natural gas, electricity, and other forms of energy, together with a statement of the need, purpose, or justification of any such requirement or such action. Each such report shall be submitted to the Congress within one year after the date of enactment of this Act. (b) Except as provided in subsection (c), each of the agencies specified in subsection (a)(1) shall, where practicable and consistent with the exercise of their authority under other law, include in any major regulatory action (as defined by rule by each such agency) taken by each such agency, a statement of the probable impact of such major regulatory action on energy efficiency and energy conservation. (c) Subsection (b) shall not apply to any authority exercised under any provision of law designed to protect the public health or safety. FEDERAL ACTIONS W I T H RESPECT TO RECYCLED OIL

42 USC 6363.

Definitions.

Report to Federal Trade Commission. Rules.

SEC. 383. (a) The purposes of this section are— (1) to encourage the recycling of used oil; (2) to promote the use of recycled oil; (3) to reduce consumption of new oil by promoting increased utilization of recycled oil; and (4) to reduce environmental hazards and wasteful practices associated with the disposal of used oil. (b) As used in this section: (1) the term "used oil" means any oil which has been refined from crude oil, has been used, and as a result of such use has been contaminated by physical or chemical impurities. (2) The term "recycled oil" means— (A) used oil from which physical and chemical contaminants acquired through use have been removed by re-refining or other processing, or (B) any blend of oil, consisting of such re-refined or otherwise processed used oil and new oil or additives, with respect to which the manufacturer has determined, pursuant to the rule prescribed under subsection (d)(1)(A)(i), is substantially equivalent to new oil for a particular end use. (3) The term "new oil" means any oil which has been refined from crude oil and has not been used, and which may or may not contain additives. Such term does not include used oil or recycled oil. (4) The term "manufacturer" means any person who re-refines or otherwise processes used oil to remove physical or chemical impurities acquired through use or who blends such re-refined or otherwise processed used oil with new oil or additives. (5) The term "Commission" means the Federal Trade Commission. (c) As soon as practicable after the date of enactment of this Act, the National Bureau of Standards shall develop test procedures for the determination of substantial equivalency of re-refined or otherwise processed used oil or blend of oil, consisting of such re-refined or otherwise processed used oil and new oil or additives, with new oil for a particular end use. As soon as practicable after development of such test procedures, the National Bureau of Standards shall report such procedures to the Commission. (d)(1)(A) Within 90 days after the date on which the Commission receives the report under subsection (c), the Commission shall, by rule, prescribe—

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 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 941

(i) test procedures for the determination of substantial equivalency of re-refined or otherwise processed used oil or blend of oil, consisting of such re-refined or otherwise processed used oil and new oil or additives, with new oil distributed for a particular end use; and (ii) labeling standards applicable to containers of recycled oil in order to carry out the purposes of this section. (B) Such labeling standards shall permit any container of recycled oil to bear a label indicating any particular end use for which a determination of substantial equivalency has been made pursuant to subparagraph (A)(i). (2) Not later than the expiration of such 90-day period, the Admin- Rules, istrator of the Environmental Protection Agency shall, by rule, prescribe labeling standards applicable to containers of new oil, used oil, and recycled oil relating to the proper disposal of such oils after use. Such standards shall be designed to reduce, to the maximum extent practicable, environmental hazards and wasteful practices associated with the disposal of such oils after use. (e) Beginning on the effective date of the standards prescribed pursuant to subsection (d)(1)(A)— (1) no rule or order of the Commission, other than the rules required to be prescribed pursuant to subsection (d)(1)(A), and no law, regulation, or order of any State or political subdivision thereof may apply, or remain applicable, to any container of recycled oil, if such law, regulation, rule, or order requires any container of recycled oil, which container bears a label in accordance with the terms of the rules prescribed under subsection (d)(1)(A), to bear any label with respect to the comparative characteristics of such recycled oil with new oil which is not identical to that permitted by the rule respecting labeling standards prescribed under subsection (d)(1)(A) (ii); and (2) no rule or order of the Commission may require any container of recycled oil to also bear a label containing any term, phrase, or description which connotes less than substantial equivalency of such recycled oil with new oil. (f) After the effective date of the rules required to be prescribed under subsection (d)(1)(A), all Federal officials shall act within their authority to carry out the purposes of this section, including— (1) revising procurement policies to encourage procurement of recycled oil for military and nonmilitary Federal uses whenever such recycled oil is available at prices competitive with new oil procured for the same end use; and (2) educating persons employed by Federal and State governments and private sectors of the economy of the merits of recycled oil, the need for its use in order to reduce the drain on the Nation's oil reserves, and proper disposal of used oil to avoid waste of such oil and to minimize environmental hazards associated with improper disposal. TITLE IV—PETROLEUM PRICING POLICY AND OTHER AMENDMENTS TO THE ALLOCATION ACT PART A—PRICING POLICY OIL PRICING POLICY

SEC. 401. (a) The Emergency Petroleum Allocation Act of 1973 is 15 USC 751 note, amended by adding at the end thereof the following new sections:

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 89 STAT. 942

PUBLIC LAW 94-163—DEC. 22, 1975 a OIL PRICING POLICY

15 USC 757. 15 USC 753.

"Old crude oil production."

"SEC. 8. (a) Not later than the first day of the second full calendar month following the date of enactment of this section, the President shall promulgate and make effective an amendment to the regulation under section 4(a) of this Act which regulation, as amended, shall establish ceiling prices (or the manner of determining ceiling prices) applicable to any first sale of crude oil produced in the United States, such that the resulting actual weighted average first sale price for all such crude oil during such calendar month and each of the 39 months thereafter shall not exceed a maximum of $7.66 per barrel (hereinafter in this section referred to as the "maximum weighted average first sale price"), except as may be adjusted pursuant to this section. "(b)(1) The regulation under section 4:(a), as amended pursuant to subsection (a) of this section or by any subsequent amendment thereto, may, subject to the limitations related to the maximum weighted average first sale price and other requirements of this section, provide for different ceiling prices (or manner of determining ceiling prices) for different classifications of crude oil produced in the United States. In providing for different ceiling prices (or the manner for determining such ceiling prices) and classifications for such crude oil, the President shall determine that such ceiling prices (or the manner for determining such ceiling prices) and such classifications— " (A) are administratively feasible; and "(B) are justified on the basis that such prices and such classifications are consistent with obtaining optimum production of crude oil in the United States. " (2) No amendment to the regulation under section 4(a) made after the date of enactment of this section may permit, in any month which begins after such date, an increase in the price for any volume of old crude oil production from any priorities, unless the President finds that such amendment— "(A) will give positive incentives for (i) enhanced recovery techniques, or (ii) deep horizon development, from such properties; or "(B) is necessary to take into account declining production from such properties; and "(C) is likely to result in a level of production from such properties beyond that which would otherwise occur if no such amendment were made. "(3) As used in paragraph (2), the term 'old crude oil production' means that volume of crude oil produced and sold from a property in a month which is equal to or less than the volume of old crude oil, as defined in section 212.72 of title 10, Code of Federal Regulations (as in effect on November 1, 1975), produced and sold from such property in the months of September, October, and November of 1975, divided by 3. "(c)(1) Not later than 6 months after the effective date of the amendment promulgated under subsection (a), and not later than every 6 months thereafter, the President shall, on the basis of valid and reliable information (which may include information obtained by a valid and reliable sampling technique) of actual first sale prices of domestic crude oil, determine whether and the extent to which the actual weighted average first sale price for crude oil produced in the United States during any 6-month period or portion thereof for which data are available following the effective date of the amendment promulgated under subsection (a) of this section, exceeded or was less than the maximum weighted average first sale price of such

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 PUBLIC LAW 94-163—DEC. 22, 1975 crude oil specified in subsection (a) as may be adjusted pursuant to this section. "(2) If the President finds, pursuant to paragraph (1) of this subsection, that the regulation under section 4(a), as amended, resulted in an actual weighted average first sale price in excess of the maximum weighted average first sale price specified in subsection (a) as adjusted pursuant to this section, he shall amend the regulation to make such compensating adjustments as are necessary to result, in a corresponding period, in an actual weighted average first sale price for domestic crude oil sufficient to offset such excess. "(3) If the President finds, pursuant to paragraph (1) of this subsection, that the regulation under section 4(a), as amended, resulted in an actual weighted average first sale price less than the maximum weighted average first sale price specified in subsection (a) as adjusted pursuant to this section, he may, notwithstanding the requirements of this section pertaining to such maximum weighted average firet sale price, amend the regulation to make such compensating adjustments in the regulation as are necessary to offset the deficiency in a corresponding period. "(d)(1) The amendment promulgated pursuant to subsection (a) of this section (or any subsequent amendment to the regulation under section 4(a)) may provide for an adjustment to the maximum weighted average first sale price specified in subsection (a), such adjustment to begin no earlier than in the calendar month following the first month the amendment is in effect— " (A) to take into account the impact of inflation as measured by the adjusted GNP deflator; and "(B) as a production incentive; except that any adjustment as a production incentive shall not permit an increase in the maximum weighted average first sale price in excess of 3 per centum per annum (compounded annually), unless modified pursuant to this section, and the combined effect of any such adjustments referred to in subparagraphs (A) and (B) shall not result in an increase in the maximum weighted average first sale price in excess of 10 per centum per annum (compounded annually), unless modified pursuant to this section. "(2) As used in this subsection, the term 'adjusted GNP deflator' means the first revision of the quarterly percent change, seasonally adjusted at annual rates, of the most recent implicit price deflator for the gross national product which shall be computed and published for each calendar quarter by the Department of Commerce, subject to such additional modification as the President shall make to exclude therefrom any amount which he determines is attributable solely and directly to increases which occur after the date of enactment of this section in prices of imported crude oil, residual fuel oil, or any refined petroleum product resulting from concerted action of two or more petroleum exporting countries. "(3) The adjustment as a production incentive referred to in paragraph (1)(B) may be made only on a finding by the President that such an adjustment is likely to provide positive incentive for— "(A) the discovery or development of high cost and high risk properties (including new wildcat properties, and properties located on the Outer Continental Shelf, properties located north of the Arctic Circle, deep wells and deep horizons in onshore or offshore properties, and properties operated by independent producers); "(B) the application of enhanced recovery technioues to producing properties to obtain a level of production higher than

89 STAT. 943

Amendment. 15 USC 753.

"Adjusted GNP deflator."

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 89 STAT. 944

Amendment, submittal to Congress.

Post, p. 965. 15 USC 753.

Report to Congress.

PUBLIC LAW 94-163—DEC. 22, 1975 would otherwise occur from those properties but for such adjustment; or "(C) sustaining production from marginal wells, including production from stripper wells, (e)(1) Not earlier than 90 days after the effective date of the amendment promulgated under subsection (a) and not earlier than 90 days after the date of any previous submission under this subsection, the President may submit to the Congress, in accordance with the procedures specified in section 551 of the Energy Policy and Conservation Act, an amendment to the regulation promulgated under section 4(a) which provides for (A) a production incentive adjustment to the maximum weighted average first sale price in excess of the 3 per centum limitation specified in subsection (d)(1), (B) a combined adjustment limitation m excess of the 10 per centum limitation specified in such subsection, or (C) both. " (2) Any such amendment shall be accompanied by a finding that an additional adjustment as a production incentive, or a combined adjustment limitation greater than permitted by subsection (d)(1), or both, is necessary to provide a more adequate incentive with respect to the matters referred to in subparagraphs (A), (B), or (C) of subsection (d)(3). "(3) An;7 such amendment shall not take effect if either House of Congress disapproves such amendment in accordance with the procedures specified in section 551 of the Energy Policy and Conservation Act. "(f)(1) On February 15, 1977, the President shall submit to the Congress a report containing an analysis of the impact of any amendment adopted pursuant to this section on the economy and on the supply of crude oil, residual fuel oil, and refined petroleum products. " (2) The President may submit with such report to the Congress, in accordance with the procedures specified in section 551 of the Energy Policy and Conservation Act, an amendment to the regulation promulgated under section 4(a) which— " (A) provides for the continuation or modification of the adjustment as a production incentive (referred to in subsection (d) as may have been amended pursuant to subsection (e)); "(B) provides for a modification of the combined adjustment limitation (referred to in subsection (d), as may have been amended pursuant to subsection (e)); or "(C) provides for adjustments with respect to both subparagraphs (A) and (B). "(3) Such amendment shall not take effect if either House of Congress disapproves such amendment in accordance with the procedures specified in section 551 of the Energy Policy and Conservation Act. "(4) If any such amendment is disapproved by either House of Congress, the President may, not later than 30 days after the date of such disapproval, submit one additional amendment in accordance with paragraph (2), which amendment shall not take effect if either House of Congress disapproves such amendment in accordance with the procedures specified in section 551 of the Energy Policy and Conservation Act. "(5) If no amendment to continue or modify the adjustment as a production incentive takes effect, no such adjustment to the maximum weighted average first sale price thereafter may be taken into account in computing such price for any month which begins after (A) the date on which a submission could have been made under pararaph (2) but was not, or (B) the last date on which a submission was isapproved and no further submission pursuant to paragraph (4)

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 PUBLIC LAW 94-163—DEC. 22, 1975 could be made, except that the President may, pursuant to the procedures under subsection (e), submit an amendment to the regulation to provide for a prospective reinstatement of such adjustment or of a modification of such adjustment. "(g)(1) On April 15, 1977, the President shall submit to the Congress a report as to whether the regulation promulgated under section 4(a) and in effect on such date will provide positive price incentives for the development of the domestic crude oil production referred to in paragraph (2)(A) without lessening needed incentives for sustaining or enhancing crude oil production in the remainder of the United States. "(2) If the President determines that a price required to provide positive price incentives for the development of the domestic crude oil production referred to in paragraph (2)(A) would, because of the maximum weighted average first sale price specified in subsection (a) of this section, as adjusted, have the effect of reducing or limiting ceiling prices permitted for crude oil produced in the remainder of the United States to levels which would result in less production of such crude oil than would otherwise occur, the President may, together with such report, or at any time thereafter not earlier than 90 days after any previous submission under this subsection, except as provided in paragraph (4), submit to the Congress in accordance with the procedures specified in section 551 of the Energy Policy and Conservation Act an amendment to the regulation promulgated under section 4(a) which— " (A) excludes up to 2 million barrels a day of crude oil production transported through the trans-Alaska pipeline from the computation of the maximum weighted average first sale price specified in subsection (a); and "(B) establishes ceiling prices (or a manner of determining prices) for the first sale of crude oil production referred to in subparagraph (A) such that the actual weighted average first sale price for such production will not exceed the highest actual weighted average first sale price permitted under the regulation for significant volumes of any other classification of domestic crude oil. "(3) Any such amendment shall be accompanied by such findings and supporting rationale as the President determines justify such ceiling prices (or manner for determining such prices). Any amendment submitted to the Congress pursuant to this subsection shall not take effect if either House of Congress disapproves such amendment in accordance with the procedures specified in section 551 of the Energy Policy and Conservation Act. "(4) If any such amendment is disapproved by either House of Congress, the President may not later than 30 days after the date of such disapproval submit one additional amendment in accordance with paragraphs (2) and (3). which amendment shall not take effect if either House of Congress disapproves such amendment in accordance with the procedures specified in section 551 of the Energy Policy and Conservation Act. "(5) If any amendment submitted by the President to the Congress pursuant to this subsection becomes effective, such amendment may thereafter be further amended by the President, subject to the procedures and requirements of paragraphs (2) and (3) of this subsection, except that no such further amendment shall be submitted earlier than January 1, 1978, and thereafter no earlier than 90 days after the date of any previous submission made under this paragraph.

89 STAT. 945

Report to Congress.

Amendment, submittal to Congress,

Post, p. 965.

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 89 STAT. 946

Post, p. 965.

PUBLIC LAW 94-163—DEC. 22, 1975 "(h) In any judicial review of an amendment required by this section to be submitted to the Congress in accordance with the procedures specified in section 551 of the Energy Policy and Conservation Act, the reviewing court may not hold unlawful or set aside any such amendment on the ground that any findings made by the President were not adequate to meet the requirements of this section or of subparagraph (A), (E), or (F) of section 706(2) of title 5, United States Code. "PASSTHROUGHS OF PRICE DECREASES

15 USC 758.

"SEC. 9. Not later than the first day of the second full calendar month following the date of enactment of this section, the regulation under section 4(a) shall provide for a dollar-for-dollar passthrough in prices at all levels of distribution from the producer through the retail level of decreases in the costs of crude oil, residual fuel oil, and refined petroleum products (including decreases in costs which result from a reduction in the price of crude oil produced in the United States because of the amendment to such regulation required Ante, p. 942. under section 8(a)).". Repeal. (b)(1) Subsections (d), (e) and (g) of section 4 of the Emergency 15 USC 753. Petroleum Allocation Act of 1973 are repealed, and subsection (f) of such section 4 is redesignated as subsection " (d) " of such section 4. (2) Section 4(a) of such Act is amended by (A) striking out "Subject to subsection (f)" and inserting in lieu thereof "Subject to subsection (d) "; and (B) striking out "Except as provided m subsection (e) such" and inserting in lieu thereof "Such". (3) Section 4(c) of such Act is amended in paragraphs (1), (4), and (5) thereof by striking out "subsections (b) and (d) " wherever it appears and by inserting in lieu thereof in each case "subsection (b)". Repeal. (4) Section 406 of Public Law 93-153 is repealed. 12 USC 1904 (5) The amendments made by paragraphs (1), (2), (3), and (4) °^te. of this subsection, to the Emergency Petroleum Allocation Act of 15 lJSr^75^*^ 1973, shall take effect on the effective date of the amendment to the °^*' regulation under section 4(a), required by section 8(a) of such Act. LIMITATIONS ON PRICING POLICY

15 USC 753.

SEC. 402. (a) Paragraph (2) of section 4(b) of the Emergency Petroleum Allocation Act of 1973 is amended to read as follows: "(2) In specifying prices (or prescribing the manner for determining them), the regulation under subsection (a)— "(A) shall provide for a dollar-for-dollar passthrough of net increases in the cost of crude oil, residual fuel oil, and refined petroleum products at all levels of distribution from the producer through the retail level; "(B)(i) shall not permit any net crude oil cost increases— " (I) which are incurred by a refiner during the calendar month immediately preceding the effective date of this paragraph, or in any month thereafter, and " ( II) which are not passed through in prices charged pursuant to such regulation in the 2 calendar months following the calendar month in which such crude oil cost increases were incurred, to be passed through by such refiner in any month subsequent to the 2 calendar months following the calendar month in which such crude oil cost increases were incurred, unless the President makes the findings specified in clause (ii) (II) (aa), and such passthrough

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Page:United States Statutes at Large Volume 89.djvu/1007

 PUBLIC LAW 94-163—DEC. 22, 1975 is consistent with the requirements specified in clause (ii) (II) (bb). " (ii) shall not permit the passthrough in any month of— " (I) any net crude oil cost increases incurred by a refiner not later than the last day of the calendar month which begins two months prior to the effective date of this paragraph and not passed through by the end of the last calendar month prior to the effective date of this paragraph unless such passthrough is not in excess of 10 percent of the total amount of such increased crude oil costs not passed through as of the last day of the last calendar month prior to the effective date of the amendment promulgated under section 8(a); and " ( II) any net crude oil cost increases incurred by a refiner after the effective date of this paragraph, which net crude oil cost increases were not passed through within the 2 calendar months following the calendar month in which such crude oil cost increases were incurred, unless— "(aa) the President finds, and reports to the Congress with respect to such finding, that a passthrough of such crude oil cost increases is necessary to alleviate the impact on refiners, marketers, or consumers of significant increases in costs, to provide for equitable cost recovery consistent with the attainment, to the maximum extent practicable, of the objectives specified in paragraph (1), or to avoid competitive disadvantage; and "(bb) such passthrough in any month of such crude oil cost increases is not in excess of 10 percent of the total amount of such crude oil cost increases as of the end of the calendar month in which the effective date of this paragraph occurs or any month thereafter; "(C) shall provide for the use of the same date in the computation of markup, margin, and posted price for all marketers or distributors of crude oil, residual fuel, and refined petroleum products at all levels of marketing and distribution; and "(D) shall not permit more than a direct proportionate distribution (by volume) to Number 2 oils (Number 2 heating oil and Number 2-D diesel fuel), aviation fuel of a kerosene or naphtha type, and propane produced from crude oil, of any increased costs of crude oil incurred by a refiner; except that the President may, by amendment to the regulation under subsection (a) or by order, permit deviation from such proportionate distribution of costs, if the President finds that refinery operations justify such deviation and further finds that to permit such deviation is consistent with the attainment of the objectives in paragraph (1) and would not result in inequitable prices for any class of users of such product. As used in this paragraph, the term 'effective date of this paragraph' means the effective date specified in section 402(b) of the Energy Policy and Conservation Act.". (b) The amendment made by this section, to the Emergency Petroleum Allocation Act of 1973, shall take effect on the effective date of the amendment to the regulation under section 4(a), required by section 8(a) of such Act. (c) The Emergency Petroleum Allocation Act of 1973, as amended by this Act, is further amended by adding at the end thereof the following new section:

89 STAT. 947

Ante, p. 942.

Jn/ra. Effective date, 15 USC 753 note, 15 USC 751 aote.

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Page:United States Statutes at Large Volume 89.djvu/1008

 89 STAT. 948

PUBLIC LAW 94-163—DEC. 22, 1975 "LIMITATIONS ON PRICING AUTHORITY

15 USC 759.

"SEC. 10. The President shall have no authority, under this Act, or under the Energy Policy and Conservation Act, to prescribe minimum prices for crude oil (or any classification thereof), residual fuel oil, or any refined petroleum product.". ENTITLEMENTS

SEC. 403. (a) Section 4 of the Emergency Petroleum Allocation 15 USC 753. Act of 1973, as amended by this Act, is further amended by adding at the end thereof the following: "(e) Any provision of the regulation under subsection (a) of this section— "(1) which requires the purchase of entitlements, or the payment of money through any other similar cash transfer arrangement, the purpose of which is to reduce disparities in the crude oil acquisition costs of domestic refiners, and "(2) which is based upon the number of barrels of crude oil input, or receipts, or both, of any refiner, shall not apply to the first 50,000 barrels per day of input, or receipts, or both, of any refiner whose total refining capacity (including the refining capacity of any person who controls, is controlled by, or is under common control with such refiner) did not exceed on January 1, 1976, and does not thereafter exceed 100,000 barrels per day. The preceding sentence shall not affect any provisions of the regulation under subsection (a) of this section with respect to the receipt by any small 15 USC 752. refiner as defined in section 3(4) of payments for entitlements or any other similar cash transfer arrangement.". Effective date. (b) Subsection (a) of this section shall apply with respect to pay15 USC 753 note, ments due on or after the last day of the month during which the date of enactment of this Act occurs. PART B—OTHER AMENDMENTS TO THE ALLOCATION ACT AMENDMENTS TO THE OBJECTIVES OF THE ALLOCATION ACT

SEC. 451. (a) Section 4(b)(1)(A) of the Emergency Petroleum Allocation Act of 1973 is amended to read as follows: "(A) protection of public health (including the production of pharmaceuticals), safety and welfare (including maintenance of residential heating, such as individual homes, apartments and similar occupied dwelling units), and the national defense;". (b) Section 4(b)(1)(G) of the Emergency Petroleum Allocation Act of 1973 is amended to read as follows: " (G) allocation of residual fuel oil and refined petroleum products in such amounts and in such manner as may be necessary for the maintenance of, exploration for, and production or extraction of— "(i) fuels, and "(ii) minerals essential to the requirements of the United States, and for required transportation related thereto;". P E N A L T I E S U N D E R THE ALLOCATION

15 USC 754.

ACT

SEC. 452. Section 5 of the Emergency Petroleum Allocation Act of 1973 is amended:

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Page:Dictionary of National Biography volume 33.djvu/23

 He inserted in vol. v. one piece of Leland which is not known to have been printed previously: ‘Codrus sive laus et defensio Gallofridi Arturii Monumetensis contra Polydorum Vergilium,’ a defence of Geoffrey of Monmouth against Polydore Vergil; but the other tracts and poems by Leland which Hearne introduced into his editions of the ‘Collectanea’ as well as of the ‘Itinerary’ had all been published in Leland's lifetime. A second edition of the ‘Collectanea’ appeared in London in 1770, and a third in 1774.

A book entitled Leland's ‘Epigrammata’ was licensed for the press in 1586, but his miscellaneous Latin verse and epigrams were first published in 1589. Some part of the book was drawn from the Bodleian manuscript volume (NE. F. 7. 8) which was originally presented by Leland to Henry VIII. Thomas Newton (d. 1607) [q. v.] of Cheshire was the editor, and the volume bore the title ‘Principum ac illustrium aliquot et eruditorum in Anglia virorum Encomia, Trophæa, Genethliaca et Epithalamia;’ it is reprinted by Hearne in the ‘Collectanea,’ v. 79–184. Leland's Latin verses, written in conjunction with Udall, whose contribution is chiefly in English, for the entertainment that celebrated Anne Boleyn's coronation, was printed from the Brit. Mus. MS. in Nichols's ‘Progresses of Elizabeth;’ and in Dr. Furnivall's ‘Ballads from Manuscript’ (Ballad Soc.), 1870, i. 379–401.

A ‘Tetrastichon Johannis Lelandi de Mona Insula’ appears in Ortelius's ‘Theatrum orbis Terrarum,’ Antwerp, 1592, fol. p. 13, and a ‘Tetrastichon Lelandi in Hectorem Boethium’ in Humphrey Llwyd's ‘Epistola de Mona’ (1573). Richard Robinson published in 1577 ‘A Record of Ancient Hystoryes in Latin—Gesta Romanorum autore, ut supponitur, Johanne Leylando antiquario,’ of which a sixth edition is dated 1601. An ‘Epigramma de fundatione Cantab. Academiæ,’ by Leland, is in Ashmol. MS. 770.

The antipapal treatise entitled ‘Dialogus cui titulus Antiphilarchia: interlocutores Philalethes et Tranotes,’ has not been printed. The manuscript, in forty-five chapters, at one time the property of Bishop More, is now in the Cambridge University Library (Ee. v. 14). In the same library is a copy of ‘Sedulii Scoti Comment. in Epistolas Pauli,’ Basle, 1527, with an ‘Epigramma’ at the beginning written in Leland's autograph.

Of lost works by Leland a ‘Life of Fulk Warren’ is said by Tanner to have belonged to Humphrey Bourchier. Thomas Caius states in his ‘Assertio Antiquitatis Academiæ Oxon.’ that Leland before his death wrote a book, ‘De Academiis,’ which proved Oxford an older foundation than Cambridge (, Early History of Oxford, Oxf. Hist. Soc., p. 28). Weever, in his ‘Funeral Monuments,’ assigns to Leland ‘Moriades sive Charitea Corona.’ Bale and Pits also credit him with notes on Quintilian's ‘Declamations,’ and on Martial, and with a long series of books of which nothing is now known, including a ‘Dictionarium Britannico-Latinum,’ and a treatise ‘De titulo regis ad Scotiam.’

A print of Leland by Grignion, from a bust at All Souls, is in Huddesford's ‘Life.’  LELAND, JOHN (1691–1766), divine, was born at Wigan, Lancashire, 18 Oct. 1691. His father, after failing in business at Wigan, settled in Dublin, where he found an opening in business, and brought over his wife and three sons. John, the second, had an attack of small-pox in his sixth year, and for a year afterwards lost his memory. On recovering he showed promise, which induced his parents to educate him for the nonconformist ministry. He became joint-pastor with Nathaniel Weld of a congregation in New Row, Dublin. He was afterwards pastor of the meeting in Eustace Row, Dublin, where he died 16 Jan. 1766. He was created M.A. and (in 1739) D.D. by the university of Aberdeen. In 1731 he married Ann, widow of Thomas Magnay, minister in Plunket Street. Their children died young. Leland is said to have been a man of great memory and learning. He became known by his writings against the deists. He attacked Tindal, Thomas Morgan [q. v.], author of the ‘Moral Philosopher,’ Henry Dodwell (d. 1784) [q.v.], and Bolingbroke (see below); but his chief book was ‘A View of the principal Deistical Writers that have appeared in England during the last and present century,’ &c. (1754–6), which, though the argument is commonplace, is a contribution of some value to the history of English thought. After the publication of the first volume, a second was added upon the writings of Hume and Bolingbroke. A sup-


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Page:United States Statutes at Large Volume 89.djvu/1009

 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 949

(1) by striking out "sections 205 through 211" in subsection (a)(1) of such section and inserting in lieu thereof "sections 205 through 207 and sections 209 through 211"; and (2) by adding at the end of subsection (a) of such section the Penalties, following: "(3)(A) Whoever violates any provision of the regulation under section 4(a) of this Act, or any order under this Act shall be subject to a civil penalty— " (i) with respect to activities relating to the production, distribution, or refining of crude oil, of not more than $20,000 for each violation; "(ii) with respect to activities relating to the distribution of residual fuel oil or any refined petroleum product (other than activities entirely at the retail level), of not more than $10,000 for each violation; and "(iii) with respect to activities— (I) entirely relating to the distribution of residual fuel oil or any refined petroleum product at the retail level, or ( II) activities not referred to in clause (i) or (ii) of subclause (I) of this clause, of not more than $2,500 for each violation. "(B) Whoever willfully violates any provision of such regulation, or any such order shall be imprisoned not more than 1 year, or— " (i) with respect to activities relating to the production or refining of crude oil, shall be fined not more than $40,000 for each violation; "(ii) with respect to activities relating to the distribution of residual fuel oil or any refined petroleum product (other than at the retail level), shall be fined not more than $20,000 for each violation; "(iii) with respect to activities relating to the distribution of residual fuel oil or any refined petroleum product at the retail level or any other person shall be fined not more than $10,000 for each violation; or both. "(4) Any individual director, officer, or agent of a corporation who knowingly and willfully authorizes, orders, or performs any of the acts or practices constituting in whole or in part a violation of paragraph (3), shall be subject to penalties under this subsection without regard to any penalties to which that corporation may be subject under paragraph (3) except that no such individual director, officer, or agent shall be subject to imprisonment under paragraph (3), unless he also has knowledge, or reasonably should have known, of notice of noncompliance received by the corporation from the President.". ANTITRUST PROVISION I N ALLOCATION ACT

SEC. 453. Section 6(c) of the Emergency Petroleum Allocation Act Defense, of 1973 is amended to read as follows: 15 USC 755. "(c) There shall be available as a defense to any action brought for breach of contract in any Federal or State court arising out of delay or failure to provide, sell, or offer for sale or exchange crude oil, residual fuel oil, or any refined petroleum product, that such delay or failure was caused solely by compliance with the provisions of this Act or with the regulation or any order under this Act.".

57-194 O - 77 - 64

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Page:United States Statutes at Large Volume 89.djvu/1010

 89 STAT. 950

PUBLIC LAW 94-163—DEC. 22, 1975 EVALUATION OF REGtHLATION UNDER THE ALLOCATION ACT

SEC. 454. The Emergency Petroleum Allocation Act of 1973, as 15 USC 751 note. amended by this Act, is further amended by adding at the end thereof the following new section: REEVALUATION OF SECTION 4 (a) REGULATION Notice.

15 USC 760.

15 USC 753. Transcript.

Report to Congress.

Infra.

"SEC. 11. (a) Not later than 60 days after the date of enactment of this section, the President shall give appropriate notice and afford interested persons an opportunity to present written and oral data, views, and arguments respecting the appropriateness of, or the continuing need for, the application of any provision of the regulation promulgated under section 4(a) as such provision relates to the attainment of the objectives specified in section 4(b)(1) of section'4. A transcript shall be kept of any such oral presentations of data, views, and argument. "(b) The President shall, after consideration of such written and oral presentations and such other information as may be available to him— "(1) analyze such presentations and report thereon to the Congress within 120 days after the date of enactment of this section; and " (2) shall promulgate, pursuant to the limitations and authority under section 12, such amendment, or amendments, to the regulation promulgated under section 4(a) as he determines are necessary or appropriate— " (A) to modify any provisions of such regulation in a manner which is consistent with the attainment, to the maximum extent practicable, of objectives specified in section 4(b)(1); or " (B) to eliminate any provisions of such regulation no longer necessary to provide for the attainment of such objectives.". CONVERSION TO STANDBY AUTHORITIES

SEC. 455. The Emergency Petroleum Allocation Act of 1973, as amended by this Act, is further amended by adding at the end thereof the following new section: "CONVERSION M E C H A N I S M TO STANDBY AUTHORITIES

15 USC 760a.

Ante, p. 942.

"SEC. 12. (a) The President may not amend the regulation under section 4(a) in any manner which— "(1) exempts crude oil produced in the United States from any provision of such regulation required to be made a part of such regulation by section 8; or "(2) results in making such regulation, as so amended, inconsistent with any limitation or other requirement specified in section 8. "(b) Except as provided in subsection (a), the President may amend the regulation under section 4(a) if he determines that such amendment is consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 4(b)(1) and that the regulation, as amended, provides for the attainment, to the maximum extent practicable, of such objectives.

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Page:United States Statutes at Large Volume 89.djvu/1011

 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 951

"(c)(1) Any such amendment which, with respect to a class of persons or class of transactions (including transactions with respect to any market level), exempts crude oil, residual fuel oil, or any refined petroleum product or refined product category from the provisions of the regulation under section 4(a) as such provisions pertain to either 15 USC 753. (A) the allocation of amounts of any such oil or product, or (B) the specification of price or the manner for determining the price of any such oil or product, or both of the matters described in subparagraphs (A) and (B), may take effect only pursuant to the provisions of this subsection. " (2) The President shall submit any amendment referred to in para- Amendment, graph (1) to the Congress in accordance with the procedures specified submittal to in section 551 of the Energy Policy and Conservation Act. Any such Congress. amendment shall be accompanied by a specific statement of the Presi- Post, p. 965. dent's rationale for such amendment and the matter described in subsection (d) of this section. Such an amendment— " (A) may apply only to one oil or one refined product category; "(B) may apply to the matters specified in either subparagraph (A) or (B) of paragraph (1) of this subsection, or both; and "(C) may provide for scheduled or phased implementation. "(3) As used in this section the term 'refined product category' "Refined product category." means— "(A) motor gasoline; " (B) Number 2 oils (Number 2 heating oil and Number 2-D diesel fuel); "(C) propane; or "(D) all or any portion of other refined petroleum products as a class (including natural gas liquids and natural gas liquid products, other than propane). "(4) Such an amendment shall not take effect if either House of Congress disapproves such amendment in accordance with the procedures specified in section 551 of the Energy Policy and Conservation Act. "(d)(1) The President shall support any amendment described in subsection (b) which is transmitted to the Congress under subsection (c) of this section with a finding that such amendment is consistent with the attainment of the objectives specified in subsection 4(b)(1) and in the case of— "(A) any exemption described in subsection (c)(1)(A), with a finding that such oil or refined product category is no longer in short supply and that exempting such oil or refined product category will not have an adverse impact on the supply of any other oil or refined petroleum product subject to this Act; and "(B) any exemption described in subsection (c)(1)(B), with a finding that competition and market forces are adequate to protect consumers and that exempting such oil or refined product category will not result in inequitable prices for any class of users of such oil or product. "(2) Any amendment which the President submits to the Congress Statement. under subsection (c) of this section shall be accompanied— " (A) by a statement of the President's views as to the potential economic impacts (if any) of such amendment which, where practicable, shall include his views as to— "(i) the State and regional impacts of such amendment (including effects on governmental units); "(ii) the effects of such amendment on the availability of consumer goods and services; the gross national product; competition; small business; and the supply and availability

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Page:United States Statutes at Large Volume 89.djvu/1012

 89 STAT. 952

Review. Post, p. 965.

15 USC 753.

Ante, p. 948.

PUBLIC LAW 94-163—DEC. 22, 1975 of energy resources for use as fuel or as feedstock for industry; and "(iii) the effects on employment and consumer prices; and "(B) in the case of an exemption described in subsection (c)(1)(B) of this section, by an analysis of the effects of such amendment on the rate of unemployment for the United States, the Consumer Price Index for the United States, and the implicit price deflator for the gross national product. "(e) In any judicial review of an amendment required by this section to be submitted to Congress in accordance with the procedures specified in section 551 of the Energy Policy and Conservation Act, the reviewing court may not hold unlawful or set a<^ide any such amendment on the ground that any findings made by the President were not adequate to meet the requirements of subsection (c), (d), or (g) of this section or subparagraph (A), (E), or (F). of section 706(2) of title 5, United States Code. "(f) With respect to any oil or refined product category which is exempted pursuant to the provisions of this section, the President shall have authority at any time thereafter to prescribe a regulation or issue an order respecting either the allocation of amounts, or the specification of price or the manner for determinhig the price, of any such oil or refined product category upon a determination by him that such regulation or order is necessary to attain, and is consistent with, the objectives specified in section 4(b)(1). Any such oil or refined product category for which allocation or price requirements are reimposed under authority of this subsection may subsequently be exempted without regard to the provisions of subsection (c) of this section. ''(g) Notwithstanding the provisions of subsection (e) of section 4, the President may, if he determines that the exemption from payments for certain small refiners required by such subsection— "(1) results in unfair economic or competitive advantage with respect to other small refiners; or "(2) otherwise has the effect of seriously impairing the President's ability to provide in the regulation under section 4(a) for the attainment of the objective specified in section 4(b)(1)(D) and for the attainment of those other objectives specified in section 4(b)(1); submit, in accordance with the procedures specified in section 551 of the Energy Policy and Conservation Act, an amendment to modify the regulation under section 4(a) with respect to the provisions of such regulation as they relate to such exemption. Such amendment shall not take effect if disapproved by either House of Congress under the procedures specified in such section 551.". TECHNICAL PURCHASE AUTHORITY

SEC. 456. The Emergency Petroleum Allocation Act of 1973, as 15 USC 751 note, amended by this Act, is further amended by adding at the end thereof the following new section: (.(.TECHNICAL,

15 USC 760b.

PURCHASE

AUTHORITY

"SEC. 13. (a) The President may, by amendment to the regulation under section 4(a) of this Act, provide for and implement a procedure pursuant to which the United States may exercise the exclusive right to import and purchase all or any part of the crude oil, residual fuel

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Page:United States Statutes at Large Volume 89.djvu/1013

 PUBLIC LAW 94-163—DEC. 22, 1975 oil, and refined petroleum products of foreign origin for resale in the United States. "(b) The authorities granted under this section shall not be used for the purpose, or with the effect, of providing a subsidy or preference to any importer, purchaser, or user. "(c) In exercising any authorities granted under this section, the President shall endeavor to buy and sell without profit or loss, except that the President may, in individual cases, sell, on a competitive bid basis, crude oil, residual fuel oil, or any refined petroleum product at a price above or below the cost of such oil or product if, in the judgment of the President, such sales may result in progress toward a lower price for oil sold in international commerce. "(d) Any amendment to the regulation proposed to be implemented under this section shall be submitted to Congress for review under section 551 of the Energy Policy and Conservation Act, together with a detailed explanation of the procedure to be employed and the need therefor and shall be supported by findings by the President that the exercise of such authority is likely to reduce prices for imported oils and products. Such amendment shall not take effect if disapproved by either House of the Congress in accordance with the procedures specified in section 551 of such Act and any authority to purchase shall be subject to appropriations Acts. "(e) The President shall submit, within 90 days after the date of enactment of this section, a report which evaluates the feasibility of reducing the price of crude oil, residual fuel oil, or refined petroleum products of foreign origin for resale in the United States by providing incentives for domestic producers who also import such oils or products into the United States, to work for the reduction of the price of such oils or products. The report shall specifically discuss whether increasing aggregate old crude oil prices by an amount related to any decrease in aggregate prices for such imported oils and products would serve as an incentive for domestic producers to reduce the price of such imported oils and products.".

89 STAT. 953

Amendment, submittal to Congress. Post, p. 965.

Price reduction, feasibility report.

DIRECT CONTROLS OX REFINERY OPERATIONS

SEC. 457. The Emergency Petroleum Allocation Act of 1973, as 15 USC 751 note, amended by this Act, is further amended by adding at the end thereof the following new section: u DIRECT CONTROLS ON REFINERY OPERATIONS

"SEC. 14. The President may, by amendment to the regulation under 15 USC 760c. section 4(a) of this Act or by order, as may be consistent with the 15 USC 753. attainment, to the maximum extent practicable, of the objectives specified in section 4(b)(1) of this Act, require adjustments in the oper- Ante, p. 948. ations of any refinery in the United States with respect to the proportions of residual fuel oil or any refined petroleum product produced through such operations if he determines such adjustments are necessary to assure the production of residual fuel oil or any refined petroleum product in such proportions as are necessary or appropriate to provide for the attainment, to the maximum extent practicable, the objectives specified in section 4(b)(1).". INVENTORY CONTROLS

SEC. 458. The Emergency Petroleum Allocation Act of 1973, as amended by this Act, is further amended by adding at the end thereof the following new section:

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Page:United States Statutes at Large Volume 89.djvu/1014

 89 STAT. 954

PUBLIC LAW 94-163—DEC. 22, 1975 a INVENTORY

15 USC 760d.

15 USC 753.

Ante, p. 874.

CONTROLS

"SEC. 15. (a) In addition to other authority provided for in this Act to alleviate shortages of crude oil, residual fuel oil, and refined petroleum products, the President may, if he finds an existing or impending regional or national supply shortage of any fuel, by amendment to the regulation under section 4(a) of this Act or by order, consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 4(b)(1), require adjustments in the amounts of crude oil, residual fuel oil or any refined petroleum product which are held in inventory by persons who are engaged in the business of importing, producing, refining, marketing, or distributing such oils or products. "(b) The authority specified in subsection (a) may be exercised to require either— "(1) a distribution from such inventories to specified persons or classes of persons at specified rates of distribution or to specified levels of inventory accumulation; or "(2) the accumulation of inventories at specified rates of accumulation or to specified levels, as the President determines may be necessary or appropriate to provide for the attainment, to the maximum extent practicable, of the objectives of section 4(b)(1) or as the President determines may be necessary or appropriate to carry out the obligations of the United States under the international energy program, as defined in section 3 of the Energy Policy and Conservation Act. "(c) The authority specified in subsection (a) may require the maintenance of inventories at levels greater or lesser than such person's normal business or operating requirements; except that such amounts shall not exceed the amount of oil or product, as the case may be, such person would use or distribute during any 90-day period of peak usage and in no case may the requirement to accumulate inventories be applied to any person in a manner which would necessitate such person making physical additions to storage facilities in order to comply with any such rule or order.". HOARDING PROHIBITIONS

SEC. 459. The Emergency Petroleum Allocation Act of 1973, as 15 USC 751 note, amended by this Act, is further amended by adding at the end thereof the following new section: ((HOARDING 15 USC 760e. Supra. Ante, p. 885.

PROHIBITIONS

"SEC. 16, Except as may be otherwise provided with respect to persons engaged in the business of producing, refining, distributing, or marketing crude oil, residual fuel oil, or any refined petroleum product pursuant to section 15 or pursuant to requirements under section 156 of the Energy Policy and Conservation Act (relating to the Industrial Strategic Petroleum Reserve), the regulation under section 4(a) shall prohibit any person, during a severe energy supply interruption (as defined in section 3 of the Energy Policy and Conservation Act) from willfully accumulating crude oil, residual fuel oil, or any refined petroleum product in inventories, or otherwise, in amounts which are in excess of such person's reasonable needs (as such term shall be defined in such regulation).".

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Page:United States Statutes at Large Volume 89.djvu/1015

 PUBLIC LAW 94-163—DEC. 22, 1975 ASPHALT ALLOCATION

89 STAT. 955

AUTHORITY

SEC. 460. The Emergency Petroleum Allocation Act of 1973, as 15 USC 751 note, amended by this Act, is further amended by adding at the end thereof the following new section: a ASPHALT ALLOCATION AUTHORITY

"SEC. 17. (a) The President may amend the regulation under section 4(a) of this Act to require, in a manner which he finds is consistent with the attainment, to the maximum extent practicable, of the objectives specified in section 4(b)(1) of this Act, the allocation of asphalt in amounts specified in (or determined in the maimer prescribed by), or at prices specified in (or determined in a manner prescribed by) such amendment to the regulation, or both. "(b) If the President exercises the authority under this section, he may thereafter amend the regulation under section 4(a) to exempt asphalt from such regulation without regard to the provisions of section 12 of this Act.".

15 USC 70f. 15 USC 753. ^"^^' P- ^^^

^"««' P- 950.

EXPIRATION OF AUTHORITIES

SEC. 461. The Emergency Petroleum Allocation Act of 1973 is amended by adding to the end of such Act, as amended by this Act, the following new section: a EXPIRATION OF AUTHORITIES

"SEC. 18. Notwithstanding any other provision of this Act, at mid- 15 USC 760g. night on the conclusion of the 40th month in which the amendment under section 8(a) is in effect, the President's authority to promulgate, ^"^«' P- 942. make effective, and amend a regulation pursuant to section 4(a) of this Act shall become discretionary rather than mandatory, and the limitations on the President's authority contained in sections 4(b)(2), 8, and 9 of this Act shall terminate. The.authority to promulgate and ^"^^' PP- '^^' amend any regulation or to issue any order under this Act shall expire ^^2' ^'^• at midnight September 30, 1981, but such expiration shall not affect any action or pending proceedings, administrative, civil, or criminal, not finally determined on such date, nor any administrative, civil, or criminal action or proceeding, whether or not pending, based upon any act committed or liability incurred prior to such expiration date.". REIMBURSEMENT TO STATES

SEC. 462. The Emergency Petroleum Allocation Act of 1973, as amended by this Act, is further amended by adding at the end thereof the following new section: "REIMBURSEMENT TO STATES

"SEC. 19. (a) The President is authorized to reimburse any State for 15 USC 760h. expenses incurred by such State in carrying out any responsibilities delegated to such State by the President under the provisions of this "(b) Such reimbursements may be paid from any funds appropriated for the purpose of carrying out responsibilities under this Act, unless any appropriation Act specifically provides to the contrary. " (c) Not later than June 1, 1976, the President shall submit a report Report to to the Congress analyzing and detailing the amount and nature of any Congress.

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Page:United States Statutes at Large Volume 89.djvu/1016

 89 STAT. 956

PUBLIC LAW 94-163—DEC. 22, 1975 reimbursements made to any State for expenses described in subsection (a) incurred prior to such date and specifically recommending^ whether authorizations of additional funds for direct grants to States are necessary or appropriate for the continued operation of the reimbursement provisions authorized by this section.". EFFECTIVE DATE OF ALLOCATION ACT AMENDMENTS

15 USC 753 note. 15 USC 751 note.

SEC. 463. Except as otherwise provided, the amendments made by this Act to the Emergency Petroleum Allocation Act of 1973 shall take effect as of midnight, December 15, 1975. TITLE V—GENERAL PROVISIONS PART A—ENERGY DATA BASE AND ENERGY INFORMATION VERIFICATION

42 USC 6381.

Congressional request.

Definitions.

EXAMINATION

SEC. 501. (a) The Comptroller General may conduct verification examinations with respect to the books, records, papers, or other documents of— (1) any person who is required to submit energy information to the Federal Energy Administration, the Department of the Interior, or the Federal Power Commission pursuant to any rule, regulation, order, or other legal process of such Administration, Department or Commission; (2) any person who is engaged in the production, processing, refining, transportation by pipeline, or distribution (at other than the retail level) of energy resources— (A) if such person has furnished, directly or indirectly, energy information (without regard to whether such information was furnished pursuant to legal requirements) to any Federal agency (other than the Internal Revenue Service), and (B) if the Comptroller General of the United States determines that such information has been or is being used or taken into consideration, in whole or in part, by a Federal agency in carrying out responsibilities committed to such agency; or (3) any vertically integrated petroleum company with respect to financial information of such company related to energy resource exploration, development, and production and the transportation, refining and marketing of energy resources and energy products. (b) The Comptroller General shall conduct verification examinations of any person or company described in subsection (a), if requested to do so by any duly established committee of the Congress having legislative or oversight responsibilities under the rules of the House of Representatives or of the Senate, with respect to energy matters or any of the laws administered by the Department of the Interior (or the Secretary thereof), the Federal Power Commission, or the Federal Energy Administration (or the Administrator). (c) For the purposes of this title— (1) The term "verification examination" means an examination of such books, records, papers, or other documents of a person or company as the Comptroller General determines necessary and appropriate to assess the accuracy, reliability, and adequacy of

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Page:United States Statutes at Large Volume 89.djvu/1017

 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT, 957

the energy information, or financial information, referred to in subsection (a). (2) The term "energy information" has the same meaning as such term has in section 11(e)(1) of the Energy Supply and Environmental Coordination Act of 1974. 15 USC 7%. (3) The term "person" has the same meaning as such term has in section 11(e)(2) of the Energy Supply and Environmental Coordination Act of 1974. (4) The term "vertically integrated petroleum company" means any person which itself, or through a person which is controlled by, controls, or is under common control with such person, is engaged in the production, refining, and marketing of petroleum products. POWERS OF THE COMPTROLLER GENERAL AND REPORTS

SEC. 502. (a) For the purpose of carrying out his authority under 42 USC 6382. section 501— (1) the Comptroller General may— (A) sign and issue subpenas for the attendance and testimony of witnesses and the production of books, records, papers, and other documents; (B) require any person, by general or special order, to submit answers in writing to interrogatories, to submit books, records, papers, or other documents, or to submit any other information or reports, and such answers or other submissions shall be made within such reasonable period, and under oath or otherwise, as the Comptroller (Jenoral may determine; and (C) administer oaths. (2) the Comptroller General, or any officer or employee duly designated by the Comptroller General, upon presenting appropriate credentials and a written notice from the Comptroller General to the owner, operator, or agent in charge, may— (A) enter, at reasonable times, any business premise or facility; and (B) inspect, at reasonable times and in a reasonable manner, any such premise or facility, inventory and sample any stock of energy resources therein, and examine and copy books, records, papers, or other documents, relating to any energy information, or any financial information in the case of a vertically integrated petroleum company. (b) The Comptroller General shall have access to any energy information within the possession of any Federal agency (other than the Internal Revenue Service) as is necessary to carry out his authority under this section. (c)(1) Except as provided in subsections (d) and (e), the Comp- eopies. troller General shall transmit a copy of the results of any verification examination conducted under section 501 to the Federal agency to which energy information which was subject to such examination was furnished. (2) Any report made pursuant to paragraph (1) shall include the Comptroller General's findings with respect to the accuracy, reliability, and adequacy of the energy information which was the subject of such examination. (d) If the verification examination was conducted at the request of Report to any committee of the Congress, the Comptroller General shall report congressional his findings as to the accuracy, reliability, or adequacy of the energy committee.

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Page:United States Statutes at Large Volume 89.djvu/1018

 89 STAT. 958

Geological or geophysical information, disclosure.

Penalties.

Ante, p. 949. Annual report to Congress.

PUBLIC LAW 94-163—DEC. 22, 1975 information which was the subject of such examination, or financial information in the case of a vertically integrated petroleum company, directly to such committee of the Congress and any such information obtained and such report shall be deemed the property of such committee and may not be disclosed except in accordance with the rules of the committee and the rules of the House of Representatives or the Senate and as permitted by law. (e)(1) Any information obtained by the Comptroller General or any officer or employee of the General Accounting Office pursuant to the exercise of responsibilities or authorities under this section which relates to geological or geophysical information, or any estimate or interpretation thereof, the disclosure of which would result in significant competitive disadvantage or significant loss to the owner thereof shall not be disclosed except to a committee of Congress. Any such information so furnished to a committee of the Congress shall be deemed the property of such committee and may not be disclosed except in accordance with the rules of the committee and the rules of the House of Representatives or the Senate and as permitted by law. (2) Any person who knowingly discloses information in violation of paragraph (1) shall be subject to the penalties specified in section 5(a)(3)(B) and (4) of the Emergency Petroleum Allocation Act of 1973, as amended by section 452 of this Act. (f) The Comptroller General shall prepare and submit to the Congress an annual report with respect to the exercise of its authorities under this part, which report shall specifically identify any deficiencies in energy information or financial information reviewed by the Comptroller General and include a discussion of action taken by the person or company so examined, if any, to correct any such deficiencies. ACCOUNTING PRACTICES

42 USC 6383.

SEC. 503. (a) For purposes of developing a reliable energy data base related to the production of crude oil and natural gas, the Securities and Exchange Commission shall take such steps as may be necessary to assure the development and observance of accounting practices to be followed in the preparation of accounts by persons engaged, in whole or in part, in the production of crude oil or natural gas in the United States. Such practices shall be developed not later than 24 months after the date of enactment of this Act and shall take effect with respect to the fiscal year of each such person which begins 3 months after the date on which such practices are prescribed or made effective under authority of subsection (b)(2). (b) In carrying out its responsibilities under subsection (a), the Securities and Exchange Commission shall— (1) consult with the Federal Energy Administration, the General Accounting Office, and the Federal Power Commission with respect to accounting practices to be developed under subsection (a), and (2) have authority to prescribe rules applicable to persons engaged in the production of crude oil or natural gas, or make effective by recognition, or by other appropriate means indicating a determination to rely on, accounting practices developed by the Financial Accounting Standards Board, if the Securities and Exchange Commission is assured that such practice will be observed by persons engaged in the production of crude oil or natural gas to the same extent as would result if the Securities and Exchange Commission had prescribed such practices by rule.

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Page:United States Statutes at Large Volume 89.djvu/1019

 PUBLIC LAW 94-163—DEC. 22, 1975 The Securities and Exchange Commission shall afford interested persons an opportunity to submit written comment with respect to whether it should exercise its discretion to recognize or otherwise rely on such accounting practice in lieu of prescribing such practices by rule and may extend the 24-month period referred to in subsection (a) as it determines may be necessary to allow for a meaningful comment period with repect to such determination. (c) The Securities and Exchange Commission shall assure that accounting practices developed pursuant to this section, to the greatest extent practicable, permit the compilation, treating domestic and foreign operations as separate categories, of an energy data base consisting of: (1) The separate calculation of capital, revenue, and operating cost information pertaining to— (A) prospecting, (B) acquisition, (C) exploration, CD) development, and (E) production, including geological and geophysical costs, carrying costs, unsuccessful exploratory drilling costs, intangible drilling and development costs on productive wells, the cost of unsuccessful development wells, and the cost of acquiring 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 operations, differences between book and tax income, and prices used in the transfer of products 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 information of persons engaged in the production of crude oil or natural gas, including— (A) disclosure of reserves and operating activities, both domestic and foreign, to facilitate evaluation of financial effort and result; and (B) classification of financial information by function to facilitate correlation with reserve and operating statistics, both domestic and foreign. (3) Such other information, projections, and relationships of collected data as shall be necessary to facilitate the compilation of such data base.

89 STAT. 959

Accounting practices.

ENFORCEMENT

SEC. 504. (a) Any person who violates any general or special order Penalties. of the Comptroller General issued under section 502(a)(1)(B) of this 42 USC 6384. Act 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 action brought by the Comptroller General through any attorney employed by the General Accounting Office or any other attorney 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 effectiveness of the order with respect to such person was stayed. (b) Any action to enjoin or set aside an order issued under section Civil actions. 502(a)(1)(B) may be brought only before the United States Court of Appeals for the District of Columbia. Any action to collect a civil

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Rh and flanked by turrets at the foot of the rock, and a few loopholes and embrasures for cannon, pierced in the face of the cliff, are all that show that this is a French Gibraltar, capable of containing a garrison of 3000 men. Mauleon, the ancient capital of the little viscounty of Soule, that passed to Béarn, is prettily situated on the banks of the Saison, at the foot of a hill that is crowned by a castle reached by a bridge over the moat or chasm artificially cut in the rock. The huge roofs of the Hôtel d'Andurrain form the hat to a Renaissance building. Mauleon, after remaining stagnant for centuries, has begun to stir, and has become the centre of manufacture of the espadrillos, or shoe with canvas top and twisted rope sole, so much in use in the Pyrenees and in Spain. A dozen years ago the whole population of Mauleon was a thousand, and now two thousand men and five hundred women are engaged in the factories; for in Senegal the natives have all at once taken a fancy to the espadrillos, and the fashion is spreading from Senegal; there is no saying where it may end in wide Africa.

The workmen and women employed are not, however, Basques or Béarnais, but are Spaniards. Here is trade, and that a growing trade, in their midst, and the native population shrug their shoulders, leave it to foreigners to carry on, and depart for South America in shoals.

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Page:United States Statutes at Large Volume 89.djvu/1020

 89 STAT. 960

Subpena compliance.

PUBLIC LAW 94-163—DEC. 22, 1975 penalty for violation of any general or special order may be brought only in the United States District Court for the District of Columbia. I n any action brought under subsection (a) to collect a civil penalty, process may be served in any judicial district of the United States. (c) Upon petition by the Comptroller General through any attorney employed by the General Accounting Office or designated by the Comptroller General, or, upon request of the Comptroller General, the Attorney General, any United States district court within the jurisdiction of which any inquiry under this part is carried on may, in the case of refusal to obey a subpena 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 contempt thereof. AMENDMENT TO ENERGY SUPPLY AND ENVIRONMENTAL COORDINATION ACT OF 1974

SEC. 505. (a) Section 11(c) of The Energy Supply and Environ15 USC 796. mental Coordination Act of 1974 is amended by adding at the end thereof the following: "(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.". Effective date. (b) The amendment made by subsection (a) to section 11(c) of the 15 USC 796 note. Energy Supply and Environmental Coordination Act of 1974 shall take effect on the first day of the first accounting quarter to which such practices apply. EXTENSION

OF ENERGY INFORMATION

GATHERING

AUTHORITY

SEC. 506. Section 11(g)(2) of the Energy Supply and Environmental Coordination Act of 1974 is amended by striking out "June 30, 1975" wherever it appears and inserting in lieu thereof "December 31, 1979". PART B—GENERAL PROVISIONS PROHIBITION O N CERTAIN ACTIONS

42 USC 6391.

SEC. 521. (a) Action taken under the authorities to which this section applies, resulting in the allocation of petroleum products or electrical energy among classes of users or resulting in restrictions on use of

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Page:United States Statutes at Large Volume 89.djvu/1021

 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 961

petroleum products and electrical energy shall not be based upon unreasonable classifications of, or unreasonable differentiations between, classes of users. In making any such allocation the President, or any agency of the United States to which such authority is delegated, shall give consideration to the need to foster reciprocal and nondiscriminatory treatment by foreign countries of United States citizens engaged in commerce in those countries. (b) To the maximum extent practicable, any restriction under authorities to which this section applies on the use of energy shall be designed to be carried out in such manner so as to be fair and to create a reasonable distribution of the burden of such restriction on all sectors of the economy, without imposing an unreasonably disproportionate share of such burden on any specific class of industry, business, or commercial enterprise, or on any individual segment thereof. In prescribing any such restriction, due consideration shall be given to the needs of commercial, retail, and service establishments whose normal function is to supply goods or services of an essential convenience nature during times of day other than conventional daytime working hours. (c) This section applies to actions under any of the following authorities: (1) titles I and II of this Act (other than any provision of Ante, pp. 875, such titles which amends another law). ^^^• this title, the Emergency Petroleum Allocation Act of 1973. 15 USC 751 note. CONFLICTS OF INTEREST

SEC. 522. (a) Each officer or employee of the Federal Energy 42 USC 6392. Administration or of the Department of the Interior who— (1) performs any function or duty under this Act; and (2) has any known financial interest— (A) in any person engaged in the business of exploring, developing, producing, refining, transporting by pipeline, or distributing (other than at the retail level) coal, natural gas, or petroleum products, or (B) in property from which coal, natural gas, or crude oil is commercially produced; shall, beginning on February 1, 1977, annually file with the Administrator or the Secretary of the Interior, as the case may be, a written statement disclosing all such interests held by such officer or employee during the preceding calendar year. Such statement shall be subject to examination, and available for copying, by the public upon request. (b) The Administrator and the Secretary of the Interior shall each— (1) act, within 90 days after the date of enactment of this Act, in accordance with section 553 of title 5, United States Code— (A) to define the term "known financial interest" for purposes of subsection (a); and (B) to establish the methods by which the requirement to file written statements specified in subsection (a) will be monitored and enforced, including appropriate provisions for the filing by such officers and employees of such statements and the review by the Administrator or the Secretary of the Interior, as the case may be, of such statements; and

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Page:United States Statutes at Large Volume 89.djvu/1022

 89 STAT. 962 Report to Congress. Exemption.

Penalty.

PUBLIC LAW 94-163—DEC. 22, 1975 (2) report to the Congress on June 1 of each calendar year with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year. (c) In the rules prescribed in subsection (b), the Administrator and the Secretary of the Interior each may identify specific positions, or classes thereof within the Federal Energy Administration or Department of the Interior, as the case may be, which are of a nonregulatory and nonpolicymaking nature and provide that officers or employees occupying such positions shall be exempt from the requirements of this section. (d) Any officer or employee who is subject to, and knowingly violates, subsection (a) shall be fined not more than $2,500 or imprisoned not more than one year, or both. ADMINISTRATIVE PROCEDUKE AND JUDICIAL REVIEW

SEC. 523. (a)(1) Subject to paragraphs (2), (3), and (4) of this subsection, the provisions of subchapter II of chapter 5 of title 5, 5 USC 551. United States Code, shall apply to any rule, regulation, or order having the applicability and effect of a rule as defined in section 551(4) of title 5, United States Code, issued under title I (other than section 103 Ante, pp. 875, thereof) and title II of this Act, or this title (other than any pro890. vision of such titles which amends another law). Publication in (2)(A) Notice of any proposed rule, regulation, or order described Federal Register. in paragraph (1) which is substantive and of general applicability shall be given by publication of such proposed rule, regulation, or order in the Federal Register. In each case, a minimum of 30 days following the date of such publication and prior to the effective date of the rule shall be provided for opportunity to comment; except that the 30-day period for opportunity to comment prior to the effective date of the rule may be— (i) reduced to no less than 10 days if the President finds that strict compliance would seriously impair the operation of the pT'ogram to which such rule, regulation, or order relates and such findings are set out in such rule, regulation, or order, or (ii) waived entirely, if the President finds that such waiver is necessary to act expeditiously during an emergency affecting the national security of the United States. Publication in (B) Public notice of any rule, regulation, or order which is subnewspapers. stantive and of general applicability which is promulgated by officers of a State or political subdivision thereof or to State or local boards which have been delegated authority pursuant to title I or II of this Act or this title (other than any provision of such title) which amend another law shall, to the maximum extent practicable, be achieved by publication of such rules, regulations, or orders in a sufficient number of newspapers of general circulation calculated to receive widest practicable notice. Oral (3) In addition to the requirements of paragraph (2) and to the presentation. maximum extent practicable, an opportunity for oral presentation of data, views, and arguments shall be afforded and such opportunity shall be afforded prior to the effective date of such rule, regulation, or order, but in all cases such opportunity shall be afforded nO' later than 45 days, and no later than 10 days (in the case of a waiver of the entire comment period under paragraph (2) (ii)), after such date. A transcript shall be made of any oral presentation. (4) Any officer or agency authorized to issue rules, regulations, or orders described in paragraph (1) shall provide for the making of such adjustments, consistent with the other purposes of this Act as 42 USC 6393.

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