Page:United States Statutes at Large Volume 89.djvu/1009

 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 949

(1) by striking out "sections 205 through 211" in subsection (a)(1) of such section and inserting in lieu thereof "sections 205 through 207 and sections 209 through 211"; and (2) by adding at the end of subsection (a) of such section the Penalties, following: "(3)(A) Whoever violates any provision of the regulation under section 4(a) of this Act, or any order under this Act shall be subject to a civil penalty— " (i) with respect to activities relating to the production, distribution, or refining of crude oil, of not more than $20,000 for each violation; "(ii) with respect to activities relating to the distribution of residual fuel oil or any refined petroleum product (other than activities entirely at the retail level), of not more than $10,000 for each violation; and "(iii) with respect to activities— (I) entirely relating to the distribution of residual fuel oil or any refined petroleum product at the retail level, or ( II) activities not referred to in clause (i) or (ii) of subclause (I) of this clause, of not more than $2,500 for each violation. "(B) Whoever willfully violates any provision of such regulation, or any such order shall be imprisoned not more than 1 year, or— " (i) with respect to activities relating to the production or refining of crude oil, shall be fined not more than $40,000 for each violation; "(ii) with respect to activities relating to the distribution of residual fuel oil or any refined petroleum product (other than at the retail level), shall be fined not more than $20,000 for each violation; "(iii) with respect to activities relating to the distribution of residual fuel oil or any refined petroleum product at the retail level or any other person shall be fined not more than $10,000 for each violation; or both. "(4) Any individual director, officer, or agent of a corporation who knowingly and willfully authorizes, orders, or performs any of the acts or practices constituting in whole or in part a violation of paragraph (3), shall be subject to penalties under this subsection without regard to any penalties to which that corporation may be subject under paragraph (3) except that no such individual director, officer, or agent shall be subject to imprisonment under paragraph (3), unless he also has knowledge, or reasonably should have known, of notice of noncompliance received by the corporation from the President.". ANTITRUST PROVISION I N ALLOCATION ACT

SEC. 453. Section 6(c) of the Emergency Petroleum Allocation Act Defense, of 1973 is amended to read as follows: 15 USC 755. "(c) There shall be available as a defense to any action brought for breach of contract in any Federal or State court arising out of delay or failure to provide, sell, or offer for sale or exchange crude oil, residual fuel oil, or any refined petroleum product, that such delay or failure was caused solely by compliance with the provisions of this Act or with the regulation or any order under this Act.".

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