PRIA, Government Policy, Made Personal

Summary

The President can get the information needed to carry out these emergency powers. He can issue subpoenas, order people to answer written questions under oath, and ask federal agencies for records. If someone refuses, the Attorney General can ask a U.S. district court to force compliance, and the court can hold people in contempt. When the President issues certain gas orders, companies must report prices and amounts of natural gas every week, and those reports go to Congress. Within 90 days after a declared natural gas emergency ends (or an extension ends), the President must tell Congress how he used these powers. The President may give any or all of these powers to federal officers or agencies and allow them to pass the powers on. Except for the Freedom of Information Act (section 552 of title 5), delegated agencies must follow the same procedures the President would follow. People who act or meet under the President’s orders have a legal defense against antitrust claims or contract breaches if they acted only to follow the order, did not try to hurt competition, and met meeting rules. Meetings must have a full-time federal employee designated by the Attorney General present, a full record filed with the Attorney General for public inspection, and the Attorney General and the Federal Trade Commission must be allowed to help from the start. Presidential orders override any state or local gas programs that conflict with them.

Title 15, §3364

Commerce and Trade, Source: USLM XML via OLRC

(a)Information

(1)Obtaining of information

In order to obtain information to carry out his authority under this part, the President 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, requests for reports or for other information, and such answers shall be made within such reasonable period, and under oath or otherwise as the President may determine; and

(c)secure, upon request, any information from any Federal agency.

(2)Enforcement of subpenas and orders

The appropriate United States district court may, upon petition of the Attorney General at the request of the President, in the case of refusal to obey a subpena or order of the President issued under this subsection, issue an order requiring compliance therewith, and any failure to obey an order of the court may be punished by the court as a contempt thereof.

(b)Reporting of prices and volumes

In issuing any order under section 3362 or 3363 of this title, the President shall require that the prices and volumes of natural gas delivered, transported, or contracted for pursuant to such order shall be reported to him on a weekly basis. Such reports shall be made available to the Congress.

(c)Presidential reports to Congress

The President shall report to the Congress, not later than 90 days following the termination under section 3361(b) of this title of any declaration of a natural gas supply emergency (or extension thereof) under section 3361(a) of this title, respecting the exercise of authority under section 3361, 3362, 3363 of this title, or this section.

(d)Delegation of authorities

The President may delegate all or any portion of the authority granted to him under section 3361, 3362, 3363 of this title, or this section to such Federal officers or agencies as he determines appropriate, and may authorize such redelegation as may be appropriate. Except with respect to section 552 of title 5, any Federal officer or agency to which authority is delegated or redelegated under this subsection shall be subject only to such procedural requirements respecting the exercise of such authority as the President would be subject to if such authority were not so delegated.

(e)Antitrust protections

(1)Defenses

There shall be available as a defense for any person to civil or criminal action brought for violation of the Federal antitrust laws (or any similar law of any State) with respect to any action taken, or meeting held, pursuant to any order of the President under section 3363(b), (c), (d), or (i) of this title, or any meeting held pursuant to a request of the President under section 3363(g) of this title, if—

(A)such action was taken or meeting held solely for the purpose of complying with the President’s request or order;

(B)such action was not taken for the purpose of injuring competition; and

(C)any such meeting complied with the requirements of paragraph (2).

Persons interposing the defense provided by this subsection shall have the burden of proof, except that the burden shall be on the person against whom the defense is asserted with respect to whether the actions were taken for the purpose of injuring competition.

(2)Requirements of meetings

With respect to any meeting held pursuant to a request by the President under section 3363(g) of this title or pursuant to an order under section 3363 of this title—

(A)there shall be present at such meeting a full-time Federal employee designated for such purposes by the Attorney General;

(B)a full and complete record of such meeting shall be taken and deposited, together with any agreements resulting therefrom, with the Attorney General, who shall make it available for public inspection and copying;

(C)the Attorney General and the Federal Trade Commission shall have the opportunity to participate from the beginning in the development and carrying out of agreements and actions under section 3363 of this title, in order to propose any alternative which would avoid or overcome, to the greatest extent practicable, possible anticompetitive effects while achieving substantially the purposes of section 3363 of this title and any order thereunder; and

(D)such other procedures as may be specified by the President in such request or order shall be complied with.

(f)Effect on certain contractual obligations

There shall be available as a defense to any action brought for breach of contract under Federal or State Law arising out of any act or omission that such act was taken or that such omission occurred for purposes of complying with any order issued under section 3363 of this title.

(g)Preemption

Any order issued pursuant to this subchapter shall preempt any provision of any program for the allocation, emergency delivery, transportation, or purchase of natural gas established by any State or local government if such program is in conflict with any such order.

Notes & Related Subsidiaries

Executive Documents

Ex. Ord. No. 12235. Assignment of Management Responsibility in Cases of Natural Gas Emergencies Ex. Ord. No. 12235, Sept. 3, 1980, 45 F.R. 58803, provided: By the authority vested in me as President by the Constitution and statutes of the United States of America, including section 304(d) of the Natural Gas Policy Act of 1978 (92 Stat. 3387; 15 U.S.C. 3364(d)) and Section 301 of Title 3 of the United States Code, and in order to assign management responsibility in case of a natural gas supply emergency, it is hereby ordered as follows: 1–101. The functions vested in the President by Sections 301 through 304(c) of the Natural Gas Policy Act of 1978 (92 Stat. 3381–3387; 15 U.S.C. 3361–3364(c)) are delegated to the Secretary of Energy; except for the authority to declare, extend, and terminate a natural gas supply emergency pursuant to section 301 thereof (15 U.S.C. 3361). 1–102. The functions vested in the President by section 607 of the Public Utility Regulatory Policies Act of 1978 (92 Stat. 3171; 15 U.S.C. 717z) are delegated to the Secretary of Energy; except for the authority to declare, extend, and terminate a natural gas supply emergency pursuant to section 607(a) and (b) thereof (15 U.S.C. 717z(a) and (b)). 1–103. The Secretary shall consult with the Administrator of the Environmental Protection Agency, the Director [now Administrator] of the Federal Emergency Management Agency, and the heads of other executive agencies in exercising the functions delegated to him by this Order. 1–104. All functions delegated to the Secretary by this Order may be redelegated, in whole or in part, to the head of any other agency. 1–105. All Executive agencies shall, to the extent permitted by law, cooperate with and assist the Secretary in carrying out the functions delegated to him by this Order. Jimmy Carter.

§3364 Miscellaneous Provisions

Summary

Title 15, §3364

Notes & Related Subsidiaries

Executive Documents

Citations & Metadata