42 U.S.C. § 7135 — Energy Information Administration

Page 7053 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7135 1 See References in Text note below. qualified to assess fairly the needs and concerns of all interests affected by Federal energy pol- icy. (Pub. L. 95–91, title II, § 204, Aug. 4, 1977, 91 Stat. 571.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. § 7135. Energy Information Administration (a) Establishment; appointment of Administrator; compensation; qualifications; duties (1) There shall be within the Department an Energy Information Administration to be head- ed by an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be com- pensated at the rate provided for in level IV of the Executive Schedule under section 5315 of title 5. The Administrator shall be a person who, by reason of professional background and experi- ence, is specially qualified to manage an energy information system. (2) The Administrator shall be responsible for carrying out a central, comprehensive, and uni- fied energy data and information program which will collect, evaluate, assemble, analyze, and disseminate data and information which is rel- evant to energy resource reserves, energy pro- duction, demand, and technology, and related economic and statistical information, or which is relevant to the adequacy of energy resources to meet demands in the near and longer term fu- ture for the Nation’s economic and social needs. (b) Delegation of functions The Secretary shall delegate to the Adminis- trator (which delegation may be on a nonexclu- sive basis as the Secretary may determine may be necessary to assure the faithful execution of his authorities and responsibilities under law) the functions vested in him by law relating to gathering, analysis, and dissemination of energy information (as defined in section 796 of title 15) and the Administrator may act in the name of the Secretary for the purpose of obtaining en- forcement of such delegated functions. (c) Functions of Director of Office of Energy In- formation and Analysis In addition to, and not in limitation of the functions delegated to the Administrator pursu- ant to other subsections of this section, there shall be vested in the Administrator, and he shall perform, the functions assigned to the Di- rector of the Office of Energy Information and Analysis under part B of the Federal Energy Ad- ministration Act of 1974 [15 U.S.C. 790 et seq.], and the provisions of sections 53(d) and 59 there- of [15 U.S.C. 790b(d), 790h] shall be applicable to the Administrator in the performance of any function under this chapter. (d) Collection or analysis of information and preparation of reports without approval The Administrator shall not be required to ob- tain the approval of any other officer or em- ployee of the Department in connection with the collection or analysis of any information; nor shall the Administrator be required, prior to publication, to obtain the approval of any other officer or employee of the United States with re- spect to the substance of any statistical or fore- casting technical reports which he has prepared in accordance with law. (e) Annual audit The Energy Information Administration shall be subject to an annual professional audit re- view of performance as described in section 55 1 of part B of the Federal Energy Administration Act of 1974. (f) Furnishing information or analysis to any other administration, commission, or office within Department The Administrator shall, upon request, promptly provide any information or analysis in his possession pursuant to this section to any other administration, commission, or office within the Department which such administra- tion, commission, or office determines relates to the functions of such administration, commis- sion, or office. (g) Availability of information to public Information collected by the Energy Informa- tion Administration shall be cataloged and, upon request, any such information shall be promptly made available to the public in a form and manner easily adaptable for public use, ex- cept that this subsection shall not require dis- closure of matters exempted from mandatory disclosure by section 552(b) of title 5. The provi- sions of section 796(d) of title 15, and section 5916 of this title, shall continue to apply to any in- formation obtained by the Administrator under such provisions. (h) Identification and designation of ‘‘major en- ergy producing companies’’; format for finan- cial report; accounting practices; filing of fi- nancial report; annual report of Department; definitions; confidentiality (1)(A) In addition to the acquisition, collec- tion, analysis, and dissemination of energy in- formation pursuant to this section, the Adminis- trator shall identify and designate ‘‘major en- ergy-producing companies’’ which alone or with their affiliates are involved in one or more lines of commerce in the energy industry so that the energy information collected from such major energy-producing companies shall provide a sta- tistically accurate profile of each line of com- merce in the energy industry in the United States. (B) In fulfilling the requirements of this sub- section the Administrator shall— (i) utilize, to the maximum extent prac- ticable, consistent with the faithful execution of his responsibilities under this chapter, reli- able statistical sampling techniques; and (ii) otherwise give priority to the minimiza- tion of the reporting of energy information by small business. Page 7054 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7135 2 So in original. Section 7267 of this title was enacted without a subsec. (a). (2) The Administrator shall develop and make effective for use during the second full calendar year following August 4, 1977, the format for an energy-producing company financial report. Such report shall be designed to allow compari- son on a uniform and standardized basis among energy-producing companies and shall permit for the energy-related activities of such compa- nies— (A) an evaluation of company revenues, prof- its, cash flow, and investments in total, for the energy-related lines of commerce in which such company is engaged and for all signifi- cant energy-related functions within such company; (B) an analysis of the competitive structure of sectors and functional groupings within the energy industry; (C) the segregation of energy information, including financial information, describing company operations by energy source and geo- graphic area; (D) the determination of costs associated with exploration, development, production, processing, transportation, and marketing and other significant energy-related functions within such company; and (E) such other analyses or evaluations as the Administrator finds is necessary to achieve the purposes of this chapter. (3) The Administrator shall consult with the Chairman of the Securities and Exchange Com- mission with respect to the development of ac- counting practices required by the Energy Pol- icy and Conservation Act [42 U.S.C. 6201 et seq.] to be followed by persons engaged in whole or in part in the production of crude oil and natural gas and shall endeavor to assure that the en- ergy-producing company financial report de- scribed in paragraph (2) of this subsection, to the extent practicable and consistent with the purposes and provisions of this chapter, is con- sistent with such accounting practices where ap- plicable. (4) The Administrator shall require each major energy-producing company to file with the Ad- ministrator an energy-producing company fi- nancial report on at least an annual basis and may request energy information described in such report on a quarterly basis if he determines that such quarterly report of information will substantially assist in achieving the purposes of this chapter. (5) A summary of information gathered pursu- ant to this section, accompanied by such anal- ysis as the Administrator deems appropriate, shall be included in the annual report of the De- partment required by subsection (a) 2 of section 7267 of this title. (6) As used in this subsection the term— (A) ‘‘energy-producing company’’ means a person engaged in: (i) ownership or control of mineral fuel re- sources or nonmineral energy resources; (ii) exploration for, or development of, mineral fuel resources; (iii) extraction of mineral fuel or nonmin- eral energy resources; (iv) refining, milling, or otherwise proc- essing mineral fuels or nonmineral energy resources; (v) storage of mineral fuels or nonmineral energy resources; (vi) the generation, transmission, or stor- age of electrical energy; (vii) transportation of mineral fuels or nonmineral energy resources by any means whatever; or (viii) wholesale or retail distribution of mineral fuels, nonmineral energy resources or electrical energy; (B) ‘‘energy industry’’ means all energy-pro- ducing companies; and (C) ‘‘person’’ has the meaning as set forth in section 796 of title 15. (7) The provisions of section 1905 of title 18 shall apply in accordance with its terms to any information obtained by the Administration pursuant to this subsection. (i) Manufacturers energy consumption survey (1) The Administrator shall conduct and pub- lish the results of a survey of energy consump- tion in the manufacturing industries in the United States at least once every four years and in a manner designed to protect the confiden- tiality of individual responses. In conducting the survey, the Administrator shall collect in- formation, including— (A) quantity of fuels consumed; (B) energy expenditures; (C) fuel switching capabilities; and (D) use of nonpurchased sources of energy, such as solar, wind, biomass, geothermal, waste by-products, and cogeneration. (2) This subsection does not affect the author- ity of the Administrator to collect data under section 52 of the Federal Energy Administration Act of 1974 (15 U.S.C. 790a). (j) Collection and publication of survey results (1) The Administrator shall annually collect and publish the results of a survey of electricity production from domestic renewable energy re- sources, including production in kilowatt hours, total installed capacity, capacity factor, and any other measure of production efficiency. Such results shall distinguish between various renewable energy resources. (2) In carrying out this subsection, the Admin- istrator shall— (A) utilize, to the maximum extent prac- ticable and consistent with the faithful execu- tion of his responsibilities under this chapter, reliable statistical sampling techniques; and (B) otherwise take into account the report- ing burdens of energy information by small businesses. (3) As used in this subsection, the term ‘‘re- newable energy resources’’ includes energy de- rived from solar thermal, geothermal, biomass, wind, and photovoltaic resources. (k) Survey procedure Pursuant to section 52(a) of the Federal En- ergy Administration Act of 1974 (15 U.S.C. 790a(a)), the Administrator shall— (1) conduct surveys of residential and com- mercial energy use at least once every four Page 7055 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7135 years, and make such information available to the public; (2) when surveying electric utilities, collect information on demand-side management pro- grams conducted by such utilities, including information regarding the types of demand- side management programs being operated, the quantity of measures installed, expendi- tures on demand-side management programs, estimates of energy savings resulting from such programs, and whether the savings esti- mates were verified; and (3) in carrying out this subsection, take into account reporting burdens and the protection of proprietary information as required by law. (l) Data collection In order to improve the ability to evaluate the effectiveness of the Nation’s energy efficiency policies and programs, the Administrator shall, in carrying out the data collection provisions of subsections (i) and (k), consider— (1) expanding the survey instruments to in- clude questions regarding participation in Government and utility conservation pro- grams; (2) expanding fuel-use surveys in order to provide greater detail on energy use by user subgroups; and (3) expanding the scope of data collection on energy efficiency and load-management pro- grams, including the effects of building con- struction practices such as those designed to obtain peak load shifting. (m) Renewable fuels survey (1) In order to improve the ability to evaluate the effectiveness of the Nation’s renewable fuels mandate, the Administrator shall conduct and publish the results of a survey of renewable fuels demand in the motor vehicle fuels market in the United States monthly, and in a manner de- signed to protect the confidentiality of indi- vidual responses. In conducting the survey, the Administrator shall collect information both on a national and regional basis, including each of the following: (A) The quantity of renewable fuels pro- duced. (B) The quantity of renewable fuels blended. (C) The quantity of renewable fuels im- ported. (D) The quantity of renewable fuels de- manded. (E) Market price data. (F) Such other analyses or evaluations as the Administrator finds are necessary to achieve the purposes of this section. (2) The Administrator shall also collect or es- timate information both on a national and re- gional basis, pursuant to subparagraphs (A) through (F) of paragraph (1), for the 5 years prior to implementation of this subsection. (3) This subsection does not affect the author- ity of the Administrator to collect data under section 52 of the Federal Energy Administration Act of 1974 (15 U.S.C. 790a). (Pub. L. 95–91, title II, § 205, Aug. 4, 1977, 91 Stat. 572; Pub. L. 99–509, title III, § 3101(a), Oct. 21, 1986, 100 Stat. 1888; Pub. L. 102–486, title I, § 171, Oct. 24, 1992, 106 Stat. 2864; Pub. L. 109–58, title XV, § 1508, Aug. 8, 2005, 119 Stat. 1083; Pub. L. 113–76, div. D, title III, § 315, Jan. 17, 2014, 128 Stat. 177.) Editorial Notes REFERENCES IN TEXT The Federal Energy Administration Act of 1974, re- ferred to in subsec. (c), is Pub. L. 93–275, May 7, 1974, 88 Stat. 96. Part B of the Federal Energy Administration Act of 1974 is classified generally to subchapter II (§ 790 et seq.) of chapter 16B of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 761 of Title 15 and Tables. This chapter, referred to in subsecs. (c), (h)(1)(B)(i), (2)(E) to (4), and (j)(2)(A), was in the original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. Section 55 of part B of the Federal Energy Adminis- tration Act of 1974, referred to in subsec. (e), was classi- fied to section 790d of Title 15, Commerce and Trade, and was repealed by Pub. L. 104–66, title I, § 1051(k), Dec. 21, 1995, 109 Stat. 717. The Energy Policy and Conservation Act, referred to in subsec. (h)(3), is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, which is classified principally to chapter 77 (§ 6201 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 6201 of this title and Tables. AMENDMENTS 2014—Subsec. (i)(1). Pub. L. 113–76, § 315(1), substituted ‘‘once every four years’’ for ‘‘once every two years’’ in introductory provisions. Subsec. (k)(1). Pub. L. 113–76, § 315(2), which directed amendment of par. (1) by substituting ‘‘once every four years’’ for ‘‘once every three years’’ was executed by making the substitution for ‘‘once every 3 years’’ to re- flect the probable intent of Congress. 2005—Subsec. (m). Pub. L. 109–58 added subsec. (m). 1992—Subsec. (i)(1). Pub. L. 102–486, § 171(a)(1), in in- troductory provisions, substituted ‘‘at least once every two years’’ for ‘‘on at least a triennial basis’’. Subsec. (i)(1)(D). Pub. L. 102–486, § 171(a)(2), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: ‘‘use of nonpurchased sources of en- ergy, such as cogeneration and waste by-products.’’ Subsecs. (j) to (l). Pub. L. 102–486, § 171(b), added sub- secs. (j) to (l). 1986—Subsec. (i). Pub. L. 99–509 added subsec. (i). Statutory Notes and Related Subsidiaries END USE CONSUMPTION SURVEYS; MANUFACTURING ENERGY CONSUMPTION SURVEY Pub. L. 104–134, title I, § 101(c) [title II], Apr. 26, 1996, 110 Stat. 1321–156, 1321–188; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided in part: ‘‘That notwithstanding section 4(d) of the Service Contract Act of 1965 (41 U.S.C. 353(d)) [now 41 U.S.C. 6707(d)] or any other provision of law, funds appro- priated under this heading [DEPARTMENT OF EN- ERGY, ENERGY INFORMATION ADMINISTRATION] hereafter may be used to enter into a contract for end use con- sumption surveys for a term not to exceed eight years: Provided further, That notwithstanding any other provi- sion of law, hereafter the Manufacturing Energy Con- sumption Survey shall be conducted on a triennial basis.’’ Page 7056 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7135a 1 See References in Text note below. § 7135a. Delegation by Secretary of Energy of en- ergy research, etc., functions to Adminis- trator of Energy Information Administration; prohibition against required delegation; uti- lization of capabilities by Secretary Notwithstanding any other provision of law, the Secretary of Energy shall not be required to delegate to the Administrator of the Energy In- formation Administration any energy research, development, and demonstration function vested in the Secretary, pursuant to the Atomic En- ergy Act [42 U.S.C. 2011 et seq.], the Federal Nonnuclear Energy Research and Development Act [42 U.S.C. 5901 et seq.], the Geothermal Re- search, Development and Demonstration Act,1 the Electric and Hybrid Vehicle Research, De- velopment and Demonstration Act [15 U.S.C. 2501 et seq.], the Solar Heating and Cooling Demonstration Act [42 U.S.C. 5501 et seq.], the Solar Energy Research, Development and Dem- onstration Act,1 and the Energy Reorganization Act [42 U.S.C. 5801 et seq.]. Additionally, the Secretary may utilize the capabilities of the En- ergy Information Administration as he deems appropriate for the conduct of such programs. (Pub. L. 95–238, title I, § 104(b), Feb. 25, 1978, 92 Stat. 53.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act, referred to in text, probably means the Atomic Energy Act of 1954, act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. The Federal Nonnuclear Energy Research and Devel- opment Act, referred to in text, probably means the Federal Nonnuclear Energy Research and Development Act of 1974, Pub. L. 93–577, Dec. 31, 1974, 88 Stat. 1878, which is classified generally to chapter 74 (§ 5901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5901 of this title and Tables. The Geothermal Research, Development, and Dem- onstration Act, referred to in text, probably means the Geothermal Energy, Research, Development, and Dem- onstration Act of 1974, Pub. L. 93–410, Sept. 3, 1974, 88 Stat. 1079, which was classified generally to chapter 24 (§ 1101 et seq.) of Title 30, Mineral Lands and Mining, prior to repeal by Pub. L. 116–260, div. Z, title III, § 3002(i)(3), Dec. 27, 2020, 134 Stat. 2495. The Electric and Hybrid Vehicle Research, Develop- ment and Demonstration Act, referred to in text, prob- ably means the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976, Pub. L. 94–413, Sept. 17, 1976, 90 Stat. 1260, which is classified principally to chapter 52 (§ 2501 et seq.) of Title 15, Com- merce and Trade. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2501 of Title 15 and Tables. The Solar Heating and Cooling Demonstration Act, referred to in text, probably means the Solar Heating and Cooling Demonstration Act of 1974, Pub. L. 93–409, Sept. 3, 1974, 88 Stat. 1069, which is classified generally to subchapter I (§ 5501 et seq.) of chapter 71 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5501 of this title and Tables. The Solar Energy Research, Development, and Dem- onstration Act, referred to in text, probably means the Solar Energy Research, Development, and Demonstra- tion Act of 1974, Pub. L. 93–473, Oct. 26, 1974, 88 Stat. 1431, which was classified generally to subchapter II (§ 5551 et seq.) of chapter 71 of this title, prior to repeal by Pub. L. 116–260, div. Z, title III, § 3006(e)(1), Dec. 27, 2020, 134 Stat. 2513. The Energy Reorganization Act, referred to in text, probably means the Energy Reorganization Act of 1974, Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, which is clas- sified principally to chapter 73 (§ 5801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables. CODIFICATION Section was enacted as part of the Department of En- ergy Act of 1978—Civilian Applications, and not as part of the Department of Energy Organization Act which comprises this chapter. § 7136. Economic Regulatory Administration; ap- pointment of Administrator; compensation; qualifications; functions (a) There shall be within the Department an Economic Regulatory Administration to be headed by an Administrator, who shall be ap- pointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at a rate provided for level IV of the Executive Schedule under section 5315 of title 5. Such Administrator shall be, by dem- onstrated ability, background, training, or expe- rience, an individual who is specially qualified to assess fairly the needs and concerns of all in- terests affected by Federal energy policy. The Secretary shall by rule provide for a separation of regulatory and enforcement functions as- signed to, or vested in, the Administration. (b) Consistent with the provisions of sub- chapter IV, the Secretary shall utilize the Eco- nomic Regulatory Administration to administer such functions as he may consider appropriate. (Pub. L. 95–91, title II, § 206, Aug. 4, 1977, 91 Stat. 574.) § 7137. Functions of Comptroller General The functions of the Comptroller General of the United States under section 771 of title 15 shall apply with respect to the monitoring and evaluation of all functions and activities of the Department under this chapter or any other Act administered by the Department. (Pub. L. 95–91, title II, § 207, Aug. 4, 1977, 91 Stat. 574.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7101 of this title and Tables. § 7138. Repealed. Pub. L. 100–504, title I, § 102(e)(1)(A), Oct. 18, 1988, 102 Stat. 2517 Section, Pub. L. 95–91, title II, § 208, Aug. 4, 1977, 91 Stat. 575; Pub. L. 96–226, title II, § 202, Apr. 3, 1980, 94 Stat. 315; Pub. L. 97–375, title II, § 205, Dec. 21, 1982, 96 Stat. 1823, related to the Office of Inspector General in