15 U.S.C. § 790c — Analysis and evaluation of energy infor-

Page 1249 TITLE 15—COMMERCE AND TRADE § 790c Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 150 days after Aug. 14, 1976, see sec- tion 143 of Pub. L. 94–385, set out as a note under sec- tion 790 of this title. TRANSFER OF FUNCTIONS 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, The Public Health and Welfare. 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. § 790b. Administrative provisions (a) Compensation of Director The Director of the Office shall receive com- pensation at the rate now or hereafter pre- scribed for offices and positions at level IV of the Executive Schedule as specified in section 5315 of title 5. (b) Authorization of Director to appoint and fix compensation of employees To carry out the functions of the Office, the Director, on behalf of the Administrator, is au- thorized to appoint and fix the compensation of such professionally qualified employees as he deems necessary, including up to ten of the em- ployees in grade GS–16, GS–17, or GS–18 author- ized by section 766 of this title. (c) Delegation of functions by the Director The functions and powers of the Office shall be vested in or delegated to the Director, who may from time to time, and to the extent permitted by law, consistent with the purposes of this chapter, delegate such of his functions as he deems appropriate. Such delegation may be made, upon request, to any officer or agency of the Federal Government. (d) Access to Director by Congress; requests for appropriations (1) The Director shall be available to the Con- gress to provide testimony on such subjects under his authority and responsibility as the Congress may request, including but not limited to energy information and analyses thereof. (2) Any request for appropriations for the Fed- eral Energy Administration submitted to the Congress shall identify the portion of such re- quest intended for the support of the Office, and a statement of the differences, if any, between the amounts requested and the Director’s assess- ment of the budgetary needs of the Office. (Pub. L. 93–275, § 53, as added Pub. L. 94–385, title I, § 142, Aug. 14, 1976, 90 Stat. 1136.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 150 days after Aug. 14, 1976, see sec- tion 143 of Pub. L. 94–385, set out as a note under sec- tion 790 of this title. TRANSFER OF FUNCTIONS 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, The Public Health and Welfare. 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. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 790c. Analysis and evaluation of energy infor- mation; establishment and maintenance by Director of professional, etc., capability; spe- cific capabilities (a) The Director shall establish and maintain the scientific, engineering, statistical, or other technical capability to perform analysis of en- ergy information to— (1) verify the accuracy of items of energy in- formation submitted to the Director; and (2) insure the coordination and com- parability of the energy information in posses- sion of the Office and other Federal agencies. (b) The Director shall establish and maintain the professional and analytic capability to evaluate independently the adequacy and com- prehensiveness of the energy information in pos- session of the Office and other agencies of the Federal Government in relation to the purposes of this chapter and for the performance of the analyses described in section 790a of this title. Such analytic capability shall include— (1) expertise in economics, finance, and ac- counting; (2) the capability to evaluate estimates of reserves of mineral fuels and nonmineral en- ergy resources utilizing alternative meth- odologies; (3) the development and evaluation of energy flow and accounting models describing the production, distribution, and consumption of energy by the various sectors of the economy and lines of commerce in the energy industry; (4) the development and evaluation of alter- native forecasting models describing the short- and long-term relationships between en- ergy supply and consumption and appropriate variables; and (5) such other capabilities as the Director deems necessary to achieve the purposes of this chapter. (Pub. L. 93–275, § 54, as added Pub. L. 94–385, title I, § 142, Aug. 14, 1976, 90 Stat. 1137.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 150 days after Aug. 14, 1976, see sec- tion 143 of Pub. L. 94–385, set out as a note under sec- tion 790 of this title. TRANSFER OF FUNCTIONS Functions assigned to Director of Office of Energy In- formation and Analysis under this subchapter vested in Page 1250 TITLE 15—COMMERCE AND TRADE § 790d Administrator of the Energy Information Administra- tion within Department of Energy by section 7135(c) of Title 42, The Public Health and Welfare. 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. § 790d. Repealed. Pub. L. 104–66, title I, § 1051(k), Dec. 21, 1995, 109 Stat. 717 Section, Pub. L. 93–275, § 55, as added Pub. L. 94–385, title I, § 142, Aug. 14, 1976, 90 Stat. 1137; amended Pub. L. 95–91, title VII, § 709(a)(4), Aug. 4, 1977, 91 Stat. 608, related to annual performance audit review of Office of Energy Information and Analysis procedures and meth- odology by Professional Audit Review Team. § 790e. Coordination by Director of energy infor- mation gathering activities of Federal agen- cies (a) Review In carrying out the purposes of this chapter the Director shall, as he deems appropriate, re- view the energy information gathering activi- ties of Federal agencies with a view toward avoiding duplication of effort and minimizing the compliance burden on business enterprises and other persons. (b) Policy recommendations In exercising his responsibilities under sub- section (a) of this section, the Director shall rec- ommend policies which, to the greatest extent practicable— (1) provide adequately for the energy infor- mation needs of the various departments and agencies of the Federal Government, the Con- gress, and the public; (2) minimize the burden of reporting energy information on businesses, other persons, and especially small businesses; (3) reduce the cost to Government of obtain- ing information; and (4) utilize files of information and existing facilities of established Federal agencies. (c) Report to Administrator by other Federal agencies involved in collection of energy in- formation; cooperation of other Federal agencies; report by Administrator to Presi- dent, Congress, and Energy Resources Coun- cil (1) At the earliest practicable date after Au- gust 14, 1976, each Federal agency which is en- gaged in the gathering of energy information as a part of an established program, function, or other activity shall promptly provide the Ad- ministrator with a report on energy information which— (A) identifies the statutory authority upon which the energy information collection ac- tivities of such agency is based; (B) lists and describes the energy informa- tion needs and requirements of such agency; and (C) lists and describes the categories, defini- tions, levels of detail, and frequency of collec- tion of the energy information collected by such agency. Such agencies shall cooperate with the Adminis- trator and provide such other descriptive infor- mation with respect to energy information ac- tivities as the Administrator may request. The Administrator shall prepare a report on his ac- tivities under this subsection, which report shall include recommendations with respect to the co- ordination of energy information activities of the Federal Government. Such report shall be available to the Congress and shall be trans- mitted to the President and to the Energy Re- sources Council for use in preparation of the plan required under subsection (c) of section 5818 of title 42. (Pub. L. 93–275, § 56, as added Pub. L. 94–385, title I, § 142, Aug. 14, 1976, 90 Stat. 1138.) Editorial Notes REFERENCES IN TEXT Section 5818 of title 42, referred to in subsec. (c), was repealed by Pub. L. 95–91, title VII, § 709(b), Aug. 4, 1977, 91 Stat. 608. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 150 days after Aug. 14, 1976, except that subsec. (c) of this section effective Aug. 14, 1976, see section 143 of Pub. L. 94–385, set out as a note under section 790 of this title. TRANSFER OF FUNCTIONS 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, The Public Health and Welfare. 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. § 790f. Reports by Director (a) Periodic and special reports by Director to Congress and public; contents The Director shall make periodic reports and may make special reports to the Congress and the public, including but not limited to— (1) such reports as the Director determines are necessary to provide a comprehensive pic- ture of the quarterly, monthly, and, as appro- priate, weekly supply and consumption of the various nonmineral energy resources, mineral fuels, and electricity in the United States; the information reported may be organized by company, by States, by regions, or by such other producing and consuming sectors, or combinations thereof, and shall be accom- panied by an appropriate discussion of the evo- lution of the energy supply and consumption situation and such national and international trends and their effects as the Director may find to be significant; and (2) an annual report which includes, but is not limited to, a description of the activities of the Office and the National Energy Informa- tion System during the preceding year; a sum- mary of all special reports published during the preceding year; a summary of statistical information collected during the preceding year; short-, medium-, and long-term energy consumption and supply trends and forecasts under various assumptions; and, to the max- imum extent practicable, a summary or sched-