15 U.S.C. § 771 — Comptroller General, powers and duties

Page 1238 TITLE 15—COMMERCE AND TRADE § 768 any function of the President which he had im- mediately before the effective date of this chap- ter; or to limit, curtail, abolish, or terminate his authority to perform such function; or to limit, curtail, abolish, or terminate his author- ity to delegate, redelegate, or terminate any delegations of functions. (i) References to other provisions deemed ref- erences to such provisions as amended or supplemented Any reference in this chapter to any provision of law shall be deemed to include, as appro- priate, references thereto as now or hereafter amended or supplemented. (Pub. L. 93–275, § 8, May 7, 1974, 88 Stat. 103.) 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. § 768. Repealed. Pub. L. 95–91, title VII, § 709(a)(1), Aug. 4, 1977, 91 Stat. 607 Section, Pub. L. 93–275, § 9, May 7, 1974, 88 Stat. 105, related to incidental transfers of personnel, assets, li- abilities, contracts, etc., by the Director of the Office of Management and Budget necessary and appropriate to accomplish the intent and purpose of this chapter. § 769. Definitions As used in this chapter— (1) any reference to ‘‘function’’ or ‘‘func- tions’’ shall be deemed to include references to duty, obligation, power, authority, responsi- bility, right, privilege, and activity, or the plural thereof, as the case may be; and (2) any reference to ‘‘perform’’ or ‘‘perform- ance’’, when used in relation to functions, shall be deemed to include the exercise of power, authority, rights, and privileges. (Pub. L. 93–275, § 10, May 7, 1974, 88 Stat. 105.) § 770. Appointments (a) Interim funds Funds available to any department or agency (or any official or component thereof), and law- fully authorized for any of the specific functions which are transferred to the Administrator by this chapter, may, with the approval of the President, be used to pay the compensation and expenses of any officer appointed pursuant to this chapter until such times as funds for that purpose are otherwise available. (b) Interim appointments In the event that any officer required by this chapter to be appointed by and with the advice and consent of the Senate shall not have entered upon office on the effective date of this chapter, the President may designate any officer, whose appointment was required to be made by and with the advice and consent of the Senate and who was such an officer immediately prior to the effective date of this chapter, or any officer who was performing essentially the same func- tions immediately prior to the effective date of this chapter to act in such office until the office is filled as provided in this chapter: Provided, That any officer acting pursuant to the provi- sions of this subsection may act no longer than a period of thirty days unless during such period his appointment as such an officer is submitted to the Senate for its advice and consent. (c) Nontemporary personnel; transferee rights for one year Transfer of nontemporary personnel pursuant to this chapter shall not cause any such em- ployee to be separated or reduced in grade or compensation, except for cause, for one year after such transfer. (d) Compensation of new position at not less than provided for in Executive Schedule for previous position in cases of appointees without break in service Any person who, on the effective date of this chapter, held a position compensated in accord- ance with the Executive Schedule prescribed in chapter 53 of title 5, and who, without a break in service, is appointed in the Administration to a position having duties comparable to those per- formed immediately preceding his appointment, shall continue to be compensated in his new po- sition at not less than the rate provided for his previous position. (Pub. L. 93–275, § 11, May 7, 1974, 88 Stat. 105.) 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. § 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 Comp- troller General of the United States shall mon- itor and evaluate the operations of the Adminis- tration including its reporting activities. The Comptroller General shall (1) conduct studies of existing statutes and regulations governing the Administration’s programs; (2) review the poli- cies and practices of the Administration; (3) re- view and evaluate the procedures followed by the Administrator in gathering, analyzing, and interpreting energy statistics, data, and infor- mation related to the management and con- servation of energy, including but not limited to data related to energy costs, supply, demand, in- dustry 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 Administra- tion’s programs, including his recommendations Page 1239 TITLE 15—COMMERCE AND TRADE § 772 1 See References in Text note below. for modifications in existing laws, regulations, procedures, and practices. (b) Access to material and written energy infor- mation from owners or operators of facilities or business premises engaged in energy mat- ters; scope of information The Comptroller General or any of his author- ized representatives in carrying out his respon- sibilities 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 prem- ises who is engaged in any phase of energy sup- ply or major energy consumption, where such material relates to the purposes of this chapter, including but not limited to energy costs, de- mand, supply, industry structure, and environ- mental 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 re- cipients 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 Fed- eral 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 per- tinent to such contracts, leases, cooperative agreements, or similar transactions. (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 in- vestigative 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 informa- tion is sought, sign and issue subpenas requiring the production of the books, documents, papers, statistics, data, records, and information re- ferred 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 Comp- troller General may invoke the aid of any dis- trict court of the United States in requiring the production of the books, documents, papers, sta- tistics, data, records, and information referred to in subsection (b) of this section. Any district court of the United States within the jurisdic- tion where such person is found or transacts business may, in case of contumacy or refusal to obey a subpena issued by the Comptroller Gen- eral, issue an order requiring such person to produce the books, documents, papers, statis- tics, data, records, or information; and any fail- ure to obey such order of the court shall be pun- ished by the court as a contempt thereof. (f) Availability to public of reports submitted to Congress; prohibited disclosures: confiden- tial information and trade secrets; preserva- tion of confidentiality in disclosures to Gov- ernment 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 Gen- eral may not disclose to the public any informa- tion 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 Ad- ministrator, in a manner designed to preserve its confidentiality— (1) to other Federal Government depart- ments, 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, § 12, May 7, 1974, 88 Stat. 106.) Editorial Notes REFERENCES IN TEXT Subsections (d) and (g) of section 766 of this title, re- ferred to in subsec. (c), were repealed by Pub. L. 95–91, title VII, § 709(a)(2)(B), Aug. 4, 1977, 91 Stat. 608. 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. Functions of Comptroller General of United States under this section made applicable with respect to monitoring and evaluation of all functions and activi- ties of Department of Energy by section 7137 of Title 42. § 772. Administrator’s information-gathering power (a) Comprehensive and particular energy infor- mation; categorical groupings; monitoring activity and policy guidance The Administrator shall collect, assemble, evaluate, and analyze energy information by categorical groupings, established by the Ad- ministrator, of sufficient comprehensiveness and particularity to permit fully informed moni- toring and policy guidance with respect to the exercise of his functions under this chapter. (b) Information and data to Administrator from owners or operators of facilities or business premises engaged in energy matters All persons owning or operating facilities or business premises who are engaged in any phase of energy supply or major energy consumption shall make available to the Administrator such information and periodic reports, records, docu- ments, and other data, relating to the purposes of this chapter, including full identification of