42 U.S.C. § 6381 — Verification examinations

Page 6821 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6381 a comprehensive analysis of the environmental impacts associated with the production and use of alternative motor vehicle fuels under this part and an extended forecast of the environmental effects of such produc- tion and use, terminated, effective May 15, 2000, pursu- ant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, the 25th item on page 163 of House Document No. 103–7. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov- ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con- gress, Oct. 9, 2004. Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En- ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex- changes and insurance generally transferred to Com- mittee on Financial Services of House of Representa- tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. § 6374e. Federal fleet conservation requirements (a) Mandatory reduction in petroleum consump- tion (1) In general Not later than 18 months after December 19, 2007, the Secretary shall issue regulations for Federal fleets subject to section 6374 of this title to require that, beginning in fiscal year 2010, each Federal agency shall reduce petro- leum consumption and increase alternative fuel consumption each year by an amount nec- essary to meet the goals described in para- graph (2). (2) Goals The goals of the requirements under para- graph (1) are that not later than October 1, 2015, and for each year thereafter, each Fed- eral agency shall achieve at least a 20 percent reduction in annual petroleum consumption and a 10 percent increase in annual alternative fuel consumption, as calculated from the base- line established by the Secretary for fiscal year 2005. (3) Milestones The Secretary shall include in the regula- tions described in paragraph (1)— (A) interim numeric milestones to assess annual agency progress towards accom- plishing the goals described in that para- graph; and (B) a requirement that agencies annually report on progress towards meeting each of the milestones and the 2015 goals. (b) Plan (1) Requirement (A) In general The regulations under subsection (a) shall require each Federal agency to develop a plan, and implement the measures specified in the plan by dates specified in the plan, to meet the required petroleum reduction lev- els and the alternative fuel consumption in- creases, including the milestones specified by the Secretary. (B) Inclusions The plan shall— (i) identify the specific measures the agency will use to meet the requirements of subsection (a)(2); and (ii) quantify the reductions in petroleum consumption or increases in alternative fuel consumption projected to be achieved by each measure each year. (2) Measures The plan may allow an agency to meet the required petroleum reduction level through— (A) the use of alternative fuels; (B) the acquisition of vehicles with higher fuel economy, including hybrid vehicles, neighborhood electric vehicles, electric vehi- cles, and plug-in hybrid vehicles if the vehi- cles are commercially available; (C) the substitution of cars for light trucks; (D) an increase in vehicle load factors; (E) a decrease in vehicle miles traveled; (F) a decrease in fleet size; and (G) other measures. (Pub. L. 94–163, title III, § 400FF, as added Pub. L. 110–140, title I, § 142, Dec. 19, 2007, 121 Stat. 1518.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress. SUBCHAPTER IV—GENERAL PROVISIONS PART A—ENERGY DATA BASE AND ENERGY INFORMATION § 6381. Verification examinations (a) Authority of Comptroller General The Comptroller General may conduct verification examinations with respect to the books, records, papers, or other documents of— (1) any person who is required to submit en- ergy information to the Secretary, the Depart- ment of the Interior, or the Federal Energy Regulatory Commission pursuant to any rule, regulation, order, or other legal process of such Secretary, Department or Commission; (2) any person who is engaged in the produc- tion, processing, refining, transportation by pipeline, or distribution (at other than the re- tail level) of energy resources— (A) if such person has furnished, directly or indirectly, energy information (without regard to whether such information was fur- nished pursuant to legal requirements) to any Federal agency (other than the Internal Revenue Service), and (B) if the Comptroller General of the United States determines that such informa- tion has been or is being used or taken into Page 6822 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6382 consideration, in whole or in part, by a Fed- eral agency in carrying out responsibilities committed to such agency; or (3) any vertically integrated petroleum com- pany with respect to financial information of such company related to energy resource ex- ploration, development, and production and the transportation, refining and marketing of energy resources and energy products. (b) Request for examination The Comptroller General shall conduct verification examinations of any person or com- pany described in subsection (a), if requested to do so by any duly established committee of the Congress having legislative or oversight respon- sibilities under the rules of the House of Rep- resentatives or of the Senate, with respect to energy matters or any of the laws administered by the Department of the Interior (or the Sec- retary thereof), the Federal Energy Regulatory Commission, or the Secretary. (c) Definitions For the purposes of this subchapter— (1) The term ‘‘verification examination’’ means an examination of such books, records, papers, or other documents of a person or com- pany as the Comptroller General determines necessary and appropriate to assess the accu- racy, reliability, and adequacy of the energy information, or financial information, referred to in subsection (a). (2) The term ‘‘energy information’’ has the same meaning as such term has in section 796(e)(1) of title 15. (3) The term ‘‘person’’ has the same meaning as such term has in section 796(e)(2) of title 15. (4) The term ‘‘vertically integrated petro- leum company’’ means any person which itself, or through a person which is controlled by, controls, or is under common control with such person, is engaged in the production, re- fining, and marketing of petroleum products. (Pub. L. 94–163, title V, § 501, Dec. 22, 1975, 89 Stat. 956; Pub. L. 95–91, title III, § 301, title IV, § 402, title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 577, 583, 606, 607; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (c), was in the original ‘‘this title’’, meaning title V of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 956, which is classified principally to this subchapter. For complete classification of title V to the Code, see Tables. AMENDMENTS 1978—Subsec. (b). Pub. L. 95–619 purported to sub- stitute ‘‘Secretary’’ for ‘‘Administrator’’, meaning Ad- ministrator of the Federal Energy Administration. See Transfer of Functions note below. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary, the Department of the Interior, or the Federal Energy Regulatory Commission’’ and ‘‘Sec- retary’’ substituted for ‘‘Federal Energy Administra- tion, the Department of the Interior, or the Federal Power Commission’’ and ‘‘Administration’’, respec- tively, in subsec. (a)(1), and ‘‘Federal Energy Regu- latory Commission, or the Secretary’’ substituted for ‘‘Federal Power Commission, or the Federal Energy Ad- ministration (or the Administrator)’’ in subsec. (b) pur- suant to sections 301, 402, 703, and 707 of Pub. L. 95–91, which are classified to sections 7151, 7172, 7293, and 7297 of this title and which terminated the Federal Energy Administration and transferred its functions and func- tions of Administrator thereof (with certain excep- tions) to the Secretary of Energy and terminated the Federal Power Commission and transferred its func- tions to the Federal Energy Regulatory Commission and the Secretary of Energy. § 6382. Powers and duties of Comptroller General (a) Subpenas; discovery and inspection; oaths; search For the purpose of carrying out his authority under section 6381 of this title— (1) the Comptroller General may— (A) sign and issue subpenas for the attend- ance and testimony of witnesses and the pro- duction of books, records, papers, and other documents; (B) require any person, by general or spe- cial order, to submit answers in writing to interrogatories, to submit books, records, papers, or other documents, or to submit any other information or reports, and such answers or other submissions shall be made within such reasonable period, and under oath or otherwise, as the Comptroller Gen- eral may determine; and (C) administer oaths. (2) the Comptroller General, or any officer or employee duly designated by the Comptroller General, upon presenting appropriate creden- tials and a written notice from the Comp- troller General to the owner, operator, or agent in charge, may— (A) enter, at reasonable times, any busi- ness premise or facility; and (B) inspect, at reasonable times and in a reasonable manner, any such premise or fa- cility, inventory and sample any stock of en- ergy resources therein, and examine and copy books, records, papers, or other docu- ments, relating to any energy information, or any financial information in the case of a vertically integrated petroleum company. (b) Information in possession of Federal agencies The Comptroller General shall have access to any energy information within the possession of any Federal agency (other than the Internal Revenue Service) as is necessary to carry out his authority under this section. (c) Transmission of examination results to Fed- eral agencies (1) Except as provided in subsections (d) and (e), the Comptroller General shall transmit a copy of the results of any verification examina- tion conducted under section 6381 of this title to the Federal agency to which energy information which was subject to such examination was fur- nished. (2) Any report made pursuant to paragraph (1) shall include the Comptroller General’s findings with respect to the accuracy, reliability, and adequacy of the energy information which was the subject of such examination.