
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 15USC3364]

 
                      TITLE 15--COMMERCE AND TRADE
 
                     CHAPTER 60--NATURAL GAS POLICY
 
         SUBCHAPTER III--ADDITIONAL AUTHORITIES AND REQUIREMENTS
 
                       Part A--Emergency Authority
 
Sec. 3364. Miscellaneous provisions


(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) \1\ secure, upon request, any information from any 
        Federal agency.
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    \1\ So in original. Probably should be ``(C)''.
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               (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.

(Pub. L. 95-621, title III, Sec. 304, Nov. 9, 1978, 92 Stat. 3387.)

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 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.

                  Section Referred to in Other Sections

    This section is referred to in section 3416 of this title.
