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Title 42, The Public Health and WelfareRelease 119-110

§13369 Establishment of Data Base and Study of Transportation Rates

Title 42 › CHAPTER 134 — ENERGY POLICY › SUBCHAPTER VI — COAL › Part C — Other Coal Provisions › § 13369

Last updated Sep 23, 2026|Official source

Summary

The Secretary must check what federal data already exists and decide if information on rail and pipeline rates for domestic coal, oil, and gas from January 1, 1988, through December 31, 1997, is reasonably available. If it is not, the Secretary must build a database with as much of those rates as possible, while keeping contract rates confidential. Rail contract rates must be obtained only in aggregated form from the Surface Transportation Board under terms that protect confidentiality. The Energy Information Administration must find out whether any federal agency is studying how the Clean Air Act (as amended by Public Law 101–549, enacted November 15, 1990) and other federal policies affect those rates and how fuel is moved. If no suitable study exists or its results won’t be ready on time, the EIA must start one. The Secretary must report to Congress on the EIA’s finding within one year after October 24, 1992, submit study or database reports within three years after that date, and update them within eight years. The Secretary and the EIA must consult the chairmen of the Federal Energy Regulatory Commission and the Surface Transportation Board.

Full Legal Text

Title 42, §13369

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Data base
The Secretary shall review the information currently collected by the Federal Government and shall determine whether information on transportation rates for rail and pipeline transport of domestic coal, oil, and gas during the period of January 1, 1988, through December 31, 1997, is reasonably available. If he determines that such information is not reasonably available, the Secretary shall establish a data base containing, to the maximum extent practicable, information on all such rates. The confidentiality of contract rates shall be preserved. To obtain data pertaining to rail contract rates, the Secretary shall acquire such data in aggregate form only from the Surface Transportation Board, under terms and conditions that maintain the confidentiality of such rates.
(b)Study
The Energy Information Administration shall determine the extent to which any agency of the Federal Government is studying the rates and distribution patterns of domestic coal, oil, and gas to determine the impact of the Clean Air Act [42 U.S.C. 7401 et seq.] as amended by the Act entitled “An Act to amend the Clean Air Act to provide for attainment and maintenance of health protective national ambient air quality standards, and for other purposes.”, enacted November 15, 1990 (Public Law 101–549), and other Federal policies on such rates and distribution patterns. If the Energy Information Administration finds that no such study is underway, or that reports of the results of such study will not be available to the Congress providing the information specified in this subsection and subsection (a) by the dates established in subsection (c), the Energy Information Administration shall initiate such a study.
(c)Reports to Congress
Within one year after October 24, 1992, the Secretary shall report to the Congress on the determination the Energy Information Administration is required to make under subsection (b). Within three years after October 24, 1992, the Secretary shall submit reports on any data base or study developed under this section. Any such reports shall be updated and resubmitted to the Congress within eight years after October 24, 1992. If the Energy Information Administration has determined pursuant to subsection (b) that another study or studies will provide all or part of the information called for in this section, the Secretary shall transmit the results of that study by the dates established in this subsection, together with his comments.
(d)Consultation with other agencies
The Secretary and the Energy Information Administration shall consult with the Chairmen of the Federal Energy Regulatory Commission and the Surface Transportation Board in implementing this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Clean Air Act, referred to in subsec. (b), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 7401 of this title and Tables. An Act to amend the Clean Air Act to provide for attainment and maintenance of health protective national ambient air quality standards, and for other purposes, referred to in subsec. (b), is Pub. L. 101–549, Nov. 15, 1990, 104 Stat. 2399, popularly known as the Clean Air Act

Amendments

of 1990. For complete classification of this Act to the Code, see

Short Title

of 1990 Amendment note set out under section 7401 of this title and Tables.

Amendments

1995—Subsecs. (a), (d). Pub. L. 104–88 substituted “Surface Transportation Board” for “Interstate Commerce Commission”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1995 AmendmentAmendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an

Effective Date

note under section 1301 of Title 49, Transportation.

Reference

Citations & Metadata

Citation

42 U.S.C. § 13369

Title 42, The Public Health and Welfare

Last Updated

Sep 23, 2026

Release point: 119-110