133 



reports, answers, records, accounts, papers, and other 

 data and documentary evidence which the Admin- 

 istrator is authorized to obtain pursuant to this 

 section. 



(2) Any appropriate United States district court 

 may, in case of contumacy or refusal to obey a sub- 

 pena issued pursuant to this section, Issue an order 

 requiring the party to whom such subpena is directed 

 to appear before the Administration and to give 

 testimony touching on the matter in question, or to 

 produce any matter described in paragraph (1) of 

 this subsection, and any failure to obey such order 

 of the court may be punished by such court as a 

 contempt thereof. 



(f) Federal information concerning energy resources 

 on Federal lands; scope of information. 



The Administrator shall collect from departments, 

 agencies and instrumentalities of the executive 

 branch of the Government (including independent 

 agencies) , and each such department, agency, and 

 instrumentality is authorized and directed to fur- 

 nish, upon his request, information concerning 

 energy resources on lands owned by the Govern- 

 ment of the United States. Such information shall 

 include, but not be limited to, quantities of reserves, 

 current or proposed leasing agreements, environ- 

 mental considerations, and economic impact analy- 

 ses. 



fg) With respect to any person who is subject 

 to any rule, regulation, or order promulgated by 

 the Administrator or to any provision of law the 

 administration of which is vested in or transferred 

 or delegated to the Administrator, the Administra- 

 tor may require, by rule, the keeping of such ac- 

 counts or records as he determines are necessary 

 or appropriate for determining compliance with 

 such rule, regulation, order, or any applicable pro- 

 vision of law. 



(h) In exercising his authority under this Act 

 and any other provision of law relating to the col- 

 lection of energy information, the Administrator 

 shall take into account the size of businesses re- 

 quired to submit reports with the Administrator so 

 as to avoid, to the greatest extent practicable, 

 overly burdensome reporting requirements on small 

 marketers and distributors of petroleum products 

 and other small business concerns required to sub- 

 mit repHjrts to the Administrator. 



(i) Any failure to make information available to 

 the Administrator under subsection (b) , any failure 

 to comply with any general or special order under 

 subsection (c) , or any failure to allow the Adminis- 

 trator to act under subsection (d) shall be subject 

 to the same penalties as any violation of section 

 796 of this title or anv rule, regulation, or order 

 issued under such section. (Pub. L. 93-275, i 13, 

 May 7, 1974. 88 Stat. 107; amended Pub. L. 94-385, 

 title I, §§ 107 and 108, Aug. 14, 1976, 90 Stat. 1129.) 



Amendments 



1976 — Subsec. (e) and (h) . Pub. L. 94-385, 5 107 added 

 subsec. (g) and (h) . 



Subsec. (1). Pub. L. 94-385, § 108, added subsec. (1). 



Effective and Termination Dates 



Section effective sixty days after May 7. 1974, or sooner 



under Presidential notice published in Federal Register, 



and terminating June 30. 1976. see section 30 of Pub. L. 



93-275. set out as a note under section 761 of this title. 



§ 773. Public disclosure of information. 



(a) .Analyses, data, information, reports, and sum- 

 maries; objectives of disclosures. 



The Administrator shall make public, on a con- 

 tinuing basis, any statistical and economic analyses, 

 data, information, and whatever reports and sum- 

 maries are necessary to keep the public fully and 

 currently informed as to the nature, extent, and 

 projected duration of shortages of energy supplies, 

 the impact of such shortages, and the steps being 

 taken to minimize such impacts. 



(b) Freedom of Information Act applicable; disclosure 

 of confidential information or trade secrets; dis- 

 closure of matter included in public annual re- 

 ports to Securities and ExchanRe Commission and 

 matter excepted from such disclo.sure. 



Subject to the provisions of this chapter, section 

 552 of Title 5 shall apply to public disclosure of in- 

 formation by the Administrator: Provided. That not- 

 withstanding said section, the provisions of section 

 1905 of Title 18, or any other provision of law, (1) 

 all matters reported to. or othenvlse obtained by, 

 any person exercising authority under this chapter 

 containing trade secrets or other matter referred to 

 In section 1905 of Title 18, may be disclosed to other 

 persons authorized to perform functions under this 

 chapter solely to carry out the purposes of the chap- 

 ter, or when relevant in any proceeding under this 

 chapter, and (2) the Administrator shall disclose to 

 the public, at a reasonable cost, and upon a request 

 which reasonably describes the matter sought, any 

 matter of the type which could not be excluded from 

 public annual reports to the Securities and Exchange 

 Commission pursuant to section 78m or 78o(d) of 

 this title by a business enterprise exclusively en- 

 gaged in the manufacture or sale of a single prod- 

 uct, unless such matter concerns or relates to the 

 trade secrets, processes, operations, style of work, or 

 apparatus of a business enterprise. 



(c) Guidelines and procedures for handling informa- 

 tion pertaining to individuals; access of individ- 

 uals to such personal information. 

 To protect and assure privacy of individuals and 

 confidentiality of personal information, the Admin- 

 istrator is directed to establish guidelines and pro- 

 cedures for handling any information which the 

 Administration obtains pertaining to Individuals. He 

 shall provide, to the extent practicable, in such 

 guidelines and procedures a method for allowing any 

 such Individual to gain access to such Information 

 pertaining to himself. (Pub. L. 93-275, 8 14, May 7. 

 1974. 88 Stat. 108.) 



EfTECTIVE AND TERMINATION DATES 



Section effective sixty days after May 7, 1974, or sooner 

 under Presidential notice published In Federal Register, 

 and terminating June 30, 1976, see section 30 of Pub. L. 

 93-275, set out as a note under section 761 of this title. 



