15 U.S.C. § 772 — Untitled legal text

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 Page 1240 TITLE 15—COMMERCE AND TRADE § 773 all data and projections as to source, time, and methodology of development, as the Adminis- trator may prescribe by regulation or order as necessary or appropriate for the proper exercise of functions under this chapter. (c) General or special orders for filing reports or answers in writing to specific questions, sur- veys, or questionnaires; oath or otherwise; filing period The Administrator may require, by general or special orders, any person engaged in any phase of energy supply or major energy consumption to file with the Administrator in such form as he may prescribe, reports or answers in writing to such specific questions, surveys, or question- naires as may be necessary to enable the Admin- istrator to carry out his functions under this chapter. Such reports and answers shall be made under oath, or otherwise, as the Administrator may prescribe, and shall be filed with the Ad- ministrator within such reasonable period as he may prescribe. (d) Investigations, physical inspections, inven- tories and samples, copies, and interroga- tions The Administrator, to verify the accuracy of information he has received or otherwise to ob- tain information necessary to perform his func- tions under this chapter, is authorized to con- duct investigations, and in connection there- with, to conduct, at reasonable times and in a reasonable manner, physical inspections at en- ergy facilities and business premises, to inven- tory and sample any stock of fuels or energy sources therein, to inspect and copy records, re- ports, and documents from which energy infor- mation has been or is being compiled, and to question such persons as he may deem nec- essary. (e) Subpenas; attendance and testimony of wit- nesses; production of evidence; enforcement; judicial orders; contempt (1) The Administrator, or any of his duly au- thorized agents, shall have the power to require by subpena the attendance and testimony of wit- nesses, and the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evi- dence which the Administrator is authorized to obtain pursuant to this section. (2) Any appropriate United States district court may, in case of contumacy or refusal to obey a subpena issued pursuant to this section, issue an order requiring the party to whom such subpena is directed to appear before the Admin- istration and to give testimony touching on the matter in question, or to produce any matter de- scribed in paragraph (1) of this subsection, and any failure to obey such order of the court may be punished by such court as a contempt there- of. (f) Federal information concerning energy re- sources on Federal lands; scope of informa- tion The Administrator shall collect from depart- ments, agencies and instrumentalities of the ex- ecutive branch of the Government (including independent agencies), and each such depart- ment, agency, and instrumentality is authorized and directed to furnish, upon his request, infor- mation concerning energy resources on lands owned by the Government of the United States. Such information shall include, but not be lim- ited to, quantities of reserves, current or pro- posed leasing agreements, environmental con- siderations, and economic impact analyses. (g) Maintenance of records and accounts With respect to any person who is subject to any rule, regulation, or order promulgated by the Administrator or to any provision of law the administration of which is vested in or trans- ferred or delegated to the Administrator, the Administrator may require, by rule, the keeping of such accounts or records as he determines are necessary or appropriate for determining com- pliance with such rule, regulation, order, or any applicable provision of law. (h) Alleviation of reporting burdens for small businesses In exercising his authority under this chapter and any other provision of law relating to the collection of energy information, the Adminis- trator shall take into account the size of busi- nesses required to submit reports with the Ad- ministrator so as to avoid, to the greatest ex- tent practicable, overly burdensome reporting requirements on small marketers and distribu- tors of petroleum products and other small busi- ness concerns required to submit reports to the Administrator. (i) Penalties for failure to file information Any failure to make information available to the Administrator under subsection (b), any fail- ure to comply with any general or special order under subsection (c), or any failure to allow the Administrator to act under subsection (d) shall be subject to the same penalties as any violation of section 796 of this title or any rule, regula- tion, or order issued under such section. (Pub. L. 93–275, § 13, May 7, 1974, 88 Stat. 107; Pub. L. 94–385, title I, §§ 107, 108, Aug. 14, 1976, 90 Stat. 1129.) Editorial Notes AMENDMENTS 1976—Subsecs. (g), (h). Pub. L. 94–385, § 107, added sub- secs. (g) and (h). Subsec. (i). Pub. L. 94–385, § 108, added subsec. (i). 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. § 773. Public disclosure of information (a) Analyses, data, information, reports, and summaries; objectives of disclosure The Administrator shall make public, on a continuing basis, any statistical and economic analyses, data, information, and whatever re- ports and summaries are necessary to keep the public fully and currently informed as to the na-