§ 771. — Comptroller General, powers and duties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC771]
TITLE 15--COMMERCE AND TRADE
CHAPTER 16B--FEDERAL ENERGY ADMINISTRATION
SUBCHAPTER I--FEDERAL ENERGY ADMINISTRATION
Sec. 771. Comptroller General, powers and duties
(a) Scope of activities; monitoring activity; data to Comptroller
General from Administration; reports and recommendations to
Congress
For the duration of this chapter, the Comptroller General of the
United States shall monitor and evaluate the operations of the
Administration including its reporting activities. The Comptroller
General shall (1) conduct studies of existing statutes and regulations
governing the Administration's programs; (2) review the policies and
practices of the Administration; (3) review and evaluate the procedures
followed by the Administrator in gathering, analyzing, and interpreting
energy statistics, data, and information related to the management and
conservation of energy, including but not limited to data related to
energy costs, supply, demand, industry structure, and environmental
impacts; and (4) evaluate particular projects or programs. The
Comptroller General shall have access to such data within the possession
or control of the Administration from any public or private source
whatever, notwithstanding the provisions of any other law, as are
necessary to carry out his responsibilities under this chapter and shall
report to the Congress at such times as he deems appropriate with
respect to the Administration's programs, including his recommendations
for modifications in existing laws, regulations, procedures, and
practices.
(b) Access to material and written energy information from owners or
operators of facilities or business premises engaged in energy
matters; scope of information
The Comptroller General or any of his authorized representatives in
carrying out his responsibilities under this section may request access
to any books, documents, papers, statistics, data, records, and
information of any person owning or operating facilities or business
premises who is engaged in any phase of energy supply or major energy
consumption, where such material relates to the purposes of this
chapter, including but not limited to energy costs, demand, supply,
industry structure, and environmental impacts. The Comptroller General
may request such person to submit in writing such energy information as
the Comptroller General may prescribe.
(c) Access to material and information from recipients of Federal funds
or assistance under Federal transactions
The Comptroller General of the United States, or any of his duly
authorized representatives, shall have access to and the right to
examine any books, documents, papers, records, or other recorded
information of any recipients of Federal funds or assistance under
contracts, leases, cooperative agreements, or other transactions entered
into pursuant to subsection (d) or (g) of section 766 \1\ of this title
which in the opinion of the Comptroller General may be related or
pertinent to such contracts, leases, cooperative agreements, or similar
transactions.
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\1\ See References in Text note below.
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(d) Subpenas; committee resolution; issuance; production of evidence
To assist in carrying out his responsibilities under this section,
the Comptroller General may, with the concurrence of a duly established
committee of Congress having legislative or investigative jurisdiction
over the subject matter and upon the adoption of a resolution by such a
committee which sets forth specifically the scope and necessity
therefor, and the specific identity of those persons from whom
information is sought, sign and issue subpenas requiring the production
of the books, documents, papers, statistics, data, records, and
information referred to in subsection (b) of this section.
(e) Enforcement of subpenas; jurisdiction; order for production of
evidence; contempt
In case of disobedience to a subpena issued under subsection (d) of
this section, the Comptroller General may invoke the aid of any district
court of the United States in requiring the production of the books,
documents, papers, statistics, data, records, and information referred
to in subsection (b) of this section. Any district court of the United
States within the jurisdiction where such person is found or transacts
business may, in case of contumacy or refusal to obey a subpena issued
by the Comptroller General, issue an order requiring such person to
produce the books, documents, papers, statistics, data, records, or
information; and any failure to obey such order of the court shall be
punished by the court as a contempt thereof.
(f) Availability to public of reports submitted to Congress; prohibited
disclosures: confidential information and trade secrets;
preservation of confidentiality in disclosures to Government
Reports submitted by the Comptroller General to the Congress
pursuant to this section shall be available to the public at reasonable
cost and upon identifiable request. The Comptroller General may not
disclose to the public any information which concerns or relates to a
trade secret or other matter referred to in section 1905 of title 18,
except that such information shall be disclosed by the Comptroller
General or the Administrator, in a manner designed to preserve its
confidentiality--
(1) to other Federal Government departments, agencies, and
officials for official use upon request;
(2) to committees of Congress upon request; and
(3) to a court in any judicial proceeding under court order.
(Pub. L. 93-275, Sec. 12, May 7, 1974, 88 Stat. 106.)
References in Text
Subsections (d) and (g) of section 766 of this title, referred to in
subsec. (c), were repealed by Pub. L. 95-91, title VII,
Sec. 709(a)(2)(B), Aug. 4, 1977, 91 Stat. 608.
Transfer of Functions
Federal Energy Administration terminated and functions vested by law
in Administrator thereof transferred to Secretary of Energy (unless
otherwise specifically provided) by sections 7151(a) and 7293 of Title
42, The Public Health and Welfare.
Functions of Comptroller General of United States under this section
made applicable with respect to monitoring and evaluation of all
functions and activities of Department of Energy by section 7137 of
Title 42.
Section Referred to in Other Sections
This section is referred to in title 42 sections 6892, 7137.
