15 USC 753. "Tertiary en hanced recovery techniques. "! Rule. 15 USC 753 note. 15 USC 753. Report to "Small refiner" (6) in subsection (f) (2), by striking out "The President may" and inserting in lieu thereof "On March 15, 1977, the President may"; (7) in subsection (f) (2) (A), by striking out "or modification", and by striking out "as may have been amended pursuant to subsection (e)"; (8) in subsection (f) (5), by striking out "or modify”, and by striking out "or of a modification of such adjustment"; and (9) by adding at the end thereof the following new subsection: "(j) (1) As soon as practicable after the date of enactment of this subsection, taking into consideration the greater flexibility provided by the amendments relating to the production incentive adjustment under section 122 of the Energy Conservation and Production Act, the President shall promulgate such amendments to the regulation under section 4(a) (relating to price) as shall (A) provide additional price incentives for bona fide tertiary enhanced recovery techniques and (B) provide for the adjustment of differentials in ceiling prices for crude oil that are the result of gravity differentials which are arbitrary, discriminatory, applied on a regional or local basis without reasonable justification, or fail substantially to reflect current relative market valuations of such differentials. "(2) As used in this subsection, the term 'tertiary enhanced recovery techniques' means extraordinary and high cost enhancement technologies of a type associated with tertiary applications including, to the extent that such techniques would be uneconomical without additional price incentives, miscible fluid or gas injection, chemical flooding, steam flooding, microemulsion flooding, in situ combustion, cyclic steam injection, polymer flooding, and caustic flooding and variations of the same. The President shall have authority to further define the term by rule.". CONSTRUCTION OF REFINERIES BY SMALL AND INDEPENDENT REFINERS SEC. 123. (a) It is the intent of the Congress that, for the purpose of fostering construction of new refineries by small and independent refiners in the United States, the Administrator of the Federal Energy Administration shall take such action, within his authority under other law consistent with the attainment, to the maximum extent practicable, of the objectives under section 4(b) (1) (D) of the Emergency Petroleum Allocation Act of 1973, as the Administrator determines necessary to insure that rules, regulations, or orders issued by him do not impose unreasonably, unnecessary, or discriminatory barriers to entry for small refiners and independent refiners. (b) Not later than April 1, 1977, the Administrator shall report to the Congress with respect to actions taken to carry out the policies in subsection (a). (c) For the purposes of this section the terms "small refiner" and and "independ- "independent refiner" have the same meaning as such terms have under the Emergency Petroleum Allocation Act of 1973. ent refiner. " 15 USC 757 note. EFFECTIVE DATE OF EPAA AMENDMENTS SEC. 124. The amendments made to section 8 of the Emergency Petroleum Allocation Act by section 122 of this Act shall take effect on the date of enactment of this Act. The amendments made to section 8 of such Act by section 121 of this Act shall take effect on the first day of the first full month which begins after the date of enactment of this Act. PART C-OFFICE OF ENERGY INFORMATION AND ANALYSIS FINDINGS AND PURPOSE SEC. 141. (a) The Congress finds that the public interest requires 15 USC 790 that decisionmaking, with respect to this Nation's energy requirements note. and the sufficiency and availability of energy resources and supplies, be based on adequate, accurate, comparable, coordinated, and credible energy information. (b) The purpose of this title is to establish within the Federal Energy Administration an Office of Energy Information and Analysis and a National Energy Information System to assure the availability of adequate, comparable, accurate, and credible energy information to the Federal Energy Administration, to other Government agencies responsible for energy-related policy decisions, to the Congress, and to the public. OFFICE OF ENERGY INFORMATION AND ANALYSIS SEC. 142. The Federal Energy Administration Act of 1974 is 15 USC 761 amended by inserting "PART A-FEDERAL ENERGY ADMINISTRATION" note. after the enacting clause and by adding at the end thereof the following: "PART B-OFFICE OF ENERGY INFORMATION AND ANALYSIS “ESTABLISHMENT OF OFFICE OF ENERGY INFORMATION AND ANALYSIS "SEC. 51. (a) (1) There is established within the Federal Energy Administration an Office of Energy Information and Analysis (hereinafter in this Act referred to as the 'Office') which shall be headed by a Director who shall be appointed by the President, by and with the advice and consent of the Senate. "(2) The Director shall be a person who, by reason of professional background and experience, is specially qualified to manage an energy information system. "(b) The Administrator shall delegate (which delegation may be on a nonexclusive basis as the Administrator may determine may be necessary to assure the faithful execution of his authorities and responsibilities under law) the authority vested in him under section 11 of the Energy Supply and Environmental Coordination Act of 1974 and section 13 of this Act and the Director may act in the name of the Administrator under section 12 of the Energy Supply and Environmental Coordination Act of 1974 and section 13 of this Act for the purpose of obtaining enforcement of the authorities delegated to him. "(c) As used in this Act the term 'energy information' shall have the meaning described in section 11 of the Energy Supply and Environmental Coordination Act of 1974. "NATIONAL ENERGY INFORMATION SYSTEM "SEC. 52. (a) It shall be the duty of the Director to establish a National Energy Information System (hereinafter referred to in this Act as the 'System'), which shall be operated and maintained by the Office. The System shall contain such information as is required to provide a description of and facilitate analysis of energy supply and Director, appointment. 15 USC 790. 15 USC 796. 15 USC 772. 15 USC 797. "Energy information." Establishment. 15 USC 790a. Compensation. 15 USC 790b. 5 USC 5332 note. 15 USC 766. consumption within and affecting the United States on the basis of such geographic areas and economic sectors as may be appropriate to meet adequately the needs of "(1) the Federal Energy Administration in carrying out its lawful functions; "(2) the Congress; and "(3) other officers and employees of the United States in whom have been vested, or to whom have been delegated, energy-related policy decisionmaking responsibilities. "(b) At a minimum, the System shall contain such energy information as is necessary to carry out the Administration's statistical and forecasting activities, and shall include, at the earliest date and to the maximum extent practical subject to the resources available and the Director's ordering of those resources to meet the responsibilities of his Office, such energy information as is required to define and permit analysis of "(1) the institutional structure of the energy supply system including patterns of ownership and control of mineral fuel and nonmineral energy resources and the production, distribution, and marketing of mineral fuels and electricity; "(2) the consumption of mineral fuels, nonmineral energy resources, and electricity by such classes, sectors, and regions as may be appropriate for the purposes of this Act; (3) the sensitivity of energy resource reserves, exploration, development, production, transportation, and consumption to economic factors, environmental constraints, technological improvements, and substitutability of alternate energy sources; "(4) the comparability of energy information and statistics that are supplied by different sources; "(5) industrial, labor, and regional impacts of changes in patterns of energy supply and consumption; "(6) international aspects, economic and otherwise, of the evolving energy situation; and "(7) long-term relationships between energy supply and consumption in the United States and world communities. "ADMINISTRATIVE PROVISIONS "SEC. 53. (a) The Director of the Office shall receive compensation at the rate now or hereafter prescribed for offices and positions at level IV of the Executive Schedule as specified in section 5315 of title 5, United States Code. "(b) To carry out the functions of the Office, the Director, on behalf of the Administrator, is authorized to appoint and fix the compensation of such professionally qualified employees as he deems necessary, including up to ten of the employees in grade GS-16, GS-17, or GS-18 authorized by section 7 of this Act. "(c) The functions and powers of the Office shall be vested in or delegated to the Director, who may from time to time, and to the extent permitted by law, consistent with the purposes of this Act, delegate such of his functions as he deems appropriate. Such delegation may be made, upon request, to any officer or agency of the Federal Government. "(d) (1) The Director shall be available to the Congress to provide testimony on such subjects under his authority and responsibility as the Congress may request, including but not limited to energy information and analyses thereof. "(2) Any request for appropriations for the Federal Energy Administration submitted to the Congress shall identify the portion of such request intended for the support of the Office, and a statement of the differences, if any, between the amounts requested and the Director's assessment of the budgetary needs of the Office. "ANALYTICAL CAPABILITY "SEC. 54. (a) The Director shall establish and maintain the scien- 15 USC 790c. tific, engineering, statistical, or other technical capability to perform analysis of energy information to "(1) verify the accuracy of items of energy information submitted to the Director; and "(2) insure the coordination and comparability of the energy information in possession of the Office and other Federal agencies. "(b) The Director shall establish and maintain the professional and analytic capability to evaluate independently the adequacy and comprehensiveness of the energy information in possession of the Office and other agencies of the Federal Government in relation to the purposes of this Act and for the performance of the analyses described in section 52 of this Act. Such analytic capability shall include "(1) expertise in economics, finance, and accounting; "(2) the capability to evaluate estimates of reserves of mineral fuels and nonmineral energy resources utilizing alternative methodologies; "(3) the development and evaluation of energy flow and accounting models describing the production, distribution, and consumption of energy by the various sectors of the economy and lines of commerce in the energy industry; "(4) the development and evaluation of alternative forecasting models describing the short- and long-term relationships between energy supply and consumption and appropriate variables; and "(5) such other capabilities as the Director deems necessary to achieve the purposes of this Act. "PROFESSIONAL AUDIT REVIEW OF PERFORMANCE OF OFFICE "SEC. 55. (a) The procedures and methodology of the Office shall be subject to a thorough annual performance audit review. Such review shall be conducted by a Professional Audit Review Team which shall prepare a report describing its investigation and reporting its findings to the President and to the Congress. "(b) The Professional Audit Review Team shall consist of at least seven professionally qualified persons who shall be officers or employees of the United States and of whom at least― "one shall be designated by the Chairman of the Council of Economic Advisers; "one shall be designated by the Commissioner of Labor Statistics; "one shall be designated by the Administrator of Social and Economic Statistics; "one shall be designated by the Chairman of the Securities and Exchange Commission; "one shall be designated by the Chairman of the Federal Trade Commission; "one shall be designated by the Chairman of the Federal Power Commission; and "one, who shall be the Chairman of the Professional Audit Ante, p. 1135. Report to Cooperation. Penalty. 15 USC 790e. Report to 42 USC 5818. Review Team, shall be designated by the Comptroller General. "(c) The Director and the Administrator shall cooperate fully with the Professional Audit Review Team and notwithstanding any other provisions of law shall make available to the Team such data, information, documents, and services as the Team determines are necessary for successful completion of its performance audit review. "(d) Except as authorized by law, any person who "(1) obtains, in the course of exercising the functions of the Professional Audit Review Team, information which constitutes a trade secret or confidential commercial information, the disclosure of which could result in significant competitive injury to the person to which such information relates; and "(2) willfully discloses such information; shall be fined not more than $40,000, or imprisoned not more than one year, or both. "COORDINATION OF ENERGY INFORMATION ACTIVITIES "SEC. 56. (a) In carrying out the purposes of this Act the Director shall, as he deems appropriate, review the energy information gathering activities of Federal agencies with a view toward avoiding duplication of effort and minimizing the compliance burden on business enterprises and other persons. "(b) In exercising his responsibilities under subsection (a) of this section, the Director shall recommend policies which, to the greatest extent practicable— "(1) provide adequately for the energy information needs of the various departments and agencies of the Federal Government, the Congress, and the public; "(2) minimize the burden of reporting energy information on businesses, other persons, and especially small businesses; "(3) reduce the cost to Government of obtaining information; and "(4) utilize files of information and existing facilities of established Federal agencies. "(c) (1) At the earliest practicable date after the date of enactment of this section, each Federal agency which is engaged in the gathering of energy information as a part of an established program, function, or other activity shall promptly provide the Administrator with a report on energy information which "(A) identifies the statutory authority upon which the energy information collection activities of such agency is based; "(B) lists and describes the energy information needs and requirements of such agency; and "(C) lists and describes the categories, definitions, levels of detail, and frequency of collection of the energy information collected by such agency. Such agencies shall cooperate with the Administrator and provide such other descriptive information with respect to energy information activities as the Administrator may request. The Administrator shall prepare a report on his activities under this subsection, which report shall include recommendations with respect to the coordination of energy information activities of the Federal Government. Such report shall be available to the Congress and shall be transmitted to the President and to the Energy Resources Council for use in preparation of the plan required under subsection (c) of section 108 of the Energy Reorganization Act of 1974. |