15 U.S.C. § 790 — Establishment of Office of Energy Informa-

Page 1247 TITLE 15—COMMERCE AND TRADE § 790 authorizes or requires the use of any such stand- ards, then any general notice of the proposed rulemaking shall— (1) identify, by name, the organization which promulgated such standards; and (2) state whether or not, in the judgment of the Administrator, such organization com- plied with the requirements of subsection (b) in the promulgation of such standards. (b) Promulgation of commercial standards An organization complies with the require- ments of this subsection in promulgating any commercial standards if— (1) it gives interested persons adequate no- tice of the proposed promulgation of the standards and an opportunity to participate in the promulgation process through the presen- tation of their views in hearings or meetings which are open to the public; (2) the membership of the organization at the time of the promulgation of the standards is sufficiently balanced so as to allow for the effective representation of all interested per- sons; (3) before promulgating such standards, it makes available to the public any records of proceedings of the organization, and any docu- ments, letters, memorandums, and materials, relating to such standards; and (4) it has procedures allowing interested per- sons to— (A) obtain a reconsideration of any action taken by the organization relating to the promulgation of such standards, and (B) obtain a review of the standards (in- cluding a review of the basis or adequacy of such standards). (c) Consultation with Attorney General and Chairman of Federal Trade Commission; im- pact of rules on competition The Administrator shall not incorporate with- in any rule, nor prescribe any rule specifically authorizing or requiring the use of, any com- mercial standards unless he has consulted with the Attorney General and the Chairman of the Federal Trade Commission concerning the im- pact of such standards on competition and nei- ther such individual recommends against such incorporation or use. (d) Rules relating to Administration procure- ment activities The foregoing provisions of this section shall not apply with respect to rules prescribed by the Administrator which relate to the procurement activities of the Administration. (e) Participation of Administration employees in organizations relating to promulgation of commercial standards Not later than 90 days after July 21, 1977, the Administrator shall prescribe, by rule, guide- lines or criteria which set forth the extent to which, and the terms and conditions under which, employees of the Administration may participate in their official capacity in the ac- tivities of any organization (which is not a Fed- eral entity) which relate to the promulgation of commercial standards. Such guidelines and cri- teria may allow for such participation if it is in the public interest and relates to the purposes of this chapter, but in no event may such employ- ees who are participating in their official capac- ity be allowed under such guidelines or criteria to vote on any matter relating to commercial standards. (f) ‘‘Commercial standards’’ defined As used in this section, the term ‘‘commercial standards’’ means— (1) specifications of materials; (2) methods of testing; (3) criteria for adequate performance or op- eration; (4) model codes; (5) classification of components; (6) delineation of procedures or definition of terms; (7) measurement of quantity or quality for evaluating or referring to materials, products, systems, services, or practices; or (8) similar rules, procedures, requirements, or standards; which are promulgated by any organization which is not a Federal entity. For purposes of the preceding sentence, any revision by any such organization of any such rule, procedure, re- quirement, or standard shall be considered to be the same as the promulgation of such standard. (Pub. L. 93–275, § 32, as added Pub. L. 95–70, § 9, July 21, 1977, 91 Stat. 278.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Federal Energy Administration terminated and func- tions vested by law in Administrator thereof trans- ferred to Secretary of Energy (unless otherwise specifi- cally provided) by sections 7151(a) and 7293 of Title 42, The Public Health and Welfare. § 789. Repealed. Pub. L. 104–106, div. D, title XLIII, § 4304(b)(2), Feb. 10, 1996, 110 Stat. 664 Section, Pub. L. 93–275, § 33, as added Pub. L. 95–70, § 10, July 21, 1977, 91 Stat. 279, related to organizational conflicts of interest of persons contracting to perform research, development, or evaluation activities or tech- nical and management support services. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL For effective date and applicability of repeal, see sec- tion 4401 of Pub. L. 104–106, set out as an Effective Date of 1996 Amendment note under section 2220 of Title 10, Armed Forces. SUBCHAPTER II—OFFICE OF ENERGY INFORMATION AND ANALYSIS § 790. Establishment of Office of Energy Informa- tion and Analysis (a) Director; appointment; qualifications (1) There is established within the Federal En- ergy Administration an Office of Energy Infor- mation and Analysis (hereinafter in this chapter referred to as the ‘‘Office’’) which shall be head- ed 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 rea- son of professional background and experience, Page 1248 TITLE 15—COMMERCE AND TRADE § 790a is specially qualified to manage an energy infor- mation system. (b) Delegation of authority by Administrator The Administrator shall delegate (which dele- gation may be on a nonexclusive basis as the Administrator may determine may be necessary to assure the faithful execution of his authori- ties and responsibilities under law) the author- ity vested in him under section 796 of this title and section 772 of this title and the Director may act in the name of the Administrator under section 797 of this title and section 772 of this title for the purpose of obtaining enforcement of the authorities delegated to him. (c) ‘‘Energy information’’ defined As used in this chapter the term ‘‘energy in- formation’’ shall have the meaning described in section 796 of this title. (Pub. L. 93–275, § 51, as added Pub. L. 94–385, title I, § 142, Aug. 14, 1976, 90 Stat. 1135.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 94–385, title I, § 143, Aug. 14, 1976, 90 Stat. 1140, provided that: ‘‘The amendments made by this part C to the Federal Energy Administration Act of 1974 [en- acting this subchapter] shall take effect 150 days after the date of enactment of this Act [Aug. 14, 1976], except that section 56(c) of the Federal Energy Administration Act of 1974 (as added by this part) [section 790e(c) of this title] shall take effect on the date of enactment of this Act [Aug. 14, 1976].’’ TRANSFER OF FUNCTIONS Federal Energy Administration terminated and func- tions vested by law in Administrator thereof trans- ferred to Secretary of Energy (unless otherwise specifi- cally provided) by sections 7151(a) and 7293 of Title 42, The Public Health and Welfare. Functions assigned to Director of Office of Energy In- formation and Analysis under this subchapter vested in Administrator of Energy Information Administration within Department of Energy by section 7135(c) of Title 42. CONGRESSIONAL FINDINGS AND PURPOSE Pub. L. 94–385, title I, § 141, Aug. 14, 1976, 90 Stat. 1135, provided that: ‘‘(a) The Congress finds that the public interest re- quires that decisionmaking, with respect to this Na- tion’s energy requirements 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 [see Short Title note set out under section 761 of this title] is to establish within the Federal Energy Administration an Office of Energy Information and Analysis and a National Energy Infor- mation System to assure the availability of adequate, comparable, accurate, and credible energy information to the Federal Energy Administration, to other Gov- ernment agencies responsible for energy-related policy decisions, to the Congress, and to the public.’’ § 790a. National Energy Information System; in- formation required to be maintained (a) It shall be the duty of the Director to es- tablish a National Energy Information System (hereinafter referred to in this chapter as the ‘‘System’’), which shall be operated and main- tained by the Office. The System shall contain such information as is required to provide a de- scription of and facilitate analysis of energy supply and consumption within and affecting the United States on the basis of such geo- graphic 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; (3) other officers and employees of the United States in whom have been vested, or to whom have been delegated energy-related pol- icy decisionmaking responsibilities; and (4) the States to the extent required by the Natural Gas Act [15 U.S.C. 717 et seq.] and the Federal Power Act [16 U.S.C. 791a et seq.]. (b) At a minimum, the System shall contain such energy information as is necessary to carry out the Administration’s statistical and fore- casting activities, and shall include, at the ear- liest date and to the maximum extent practical subject to the resources available and the Direc- tor’s ordering of those resources to meet the re- sponsibilities of his Office, such energy informa- tion 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 en- ergy resources and the production, distribu- tion, and marketing of mineral fuels and elec- tricity; (2) the consumption of mineral fuels, non- mineral energy resources, and electricity by such classes, sectors, and regions as may be appropriate for the purposes of this chapter; (3) the sensitivity of energy resource re- serves, exploration, development, production, transportation, and consumption to economic factors, environmental constraints, techno- logical 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 con- sumption; (6) international aspects, economic and oth- erwise, of the evolving energy situation; and (7) long-term relationships between energy supply and consumption in the United States and world communities. (Pub. L. 93–275, § 52, as added Pub. L. 94–385, title I, § 142, Aug. 14, 1976, 90 Stat. 1135; amended Pub. L. 95–91, title VII, § 709(a)(3), Aug. 4, 1977, 91 Stat. 608.) Editorial Notes REFERENCES IN TEXT The Natural Gas Act, referred to in subsec. (a)(4), is act June 21, 1938, ch. 556, 52 Stat. 821, which is classified generally to chapter 15B (§ 717 et seq.) of this title. For complete classification of this Act to the Code, see sec- tion 717w of this title and Tables. The Federal Power Act, referred to in subsec. (a)(4), is act June 10, 1920, ch. 285, 41 Stat. 1063, which is classi- fied generally to chapter 12 (§ 791a et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 791a of Title 16 and Tables. AMENDMENTS 1977—Subsec. (a)(4). Pub. L. 95–91 added par. (4).