§3364 — Title 15 Commerce and Trade | U.S. Code

Summary

The President can order people to help get information needed for these powers. He may issue subpoenas that make people show up, speak, or give documents. He can also require written answers to questions or reports, and can get information from federal agencies. If someone refuses, the Attorney General can ask a U.S. district court to force compliance, and a court can punish refusal as contempt. When the President uses orders under sections 3362 or 3363, he must require weekly reports on the prices and amounts of natural gas delivered, moved, or contracted for, and those reports must be given to Congress. The President must report to Congress no later than 90 days after a natural gas emergency declared under section 3361(a) ends under section 3361(b) (including any extension), describing how he used the authorities in sections 3361, 3362, 3363, and this section. He may delegate his powers to other federal officers or agencies and allow them to redelegate; those delegations generally follow the same procedures the President would follow, except for section 552 of title 5. People or companies who act or meet only to follow a President’s order under section 3363 can use that as a defense against antitrust or similar state claims if they did not try to harm competition and the required meeting rules were followed (such as having a full-time federal employee present, keeping a full record filed with the Attorney General and open to the public, and letting the Attorney General and FTC participate). Acting to comply with a section 3363 order is also a defense against breach-of-contract claims. Federal orders override any conflicting state or local gas allocation or delivery programs.

Title 15, §3364

Commerce and Trade — Source: USLM XML via OLRC

(a)(1)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

(2)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)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)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)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)(1)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).

(2)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)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)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

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