42 U.S.C. § 6381: Verification examinations

Summary

The Comptroller General can examine the records, files, or other documents of certain people and companies to check energy information and related financial records. This power covers: (1) anyone who must give energy information to the Secretary, the Department of the Interior, or the Federal Energy Regulatory Commission under their rules; (2) businesses that produce, process, refine, move by pipeline, or distribute (not at retail) energy resources if they gave energy information to a federal agency (not the IRS) and the Comptroller General finds an agency has used that information; and (3) vertically integrated petroleum companies for financial information about exploration, production, transport, refining, and marketing of energy products. The Comptroller General must carry out these examinations if a properly established congressional committee with lawmaking or oversight duties asks for one under House or Senate rules, for energy matters or for laws run by the Department of the Interior, the Federal Energy Regulatory Commission, or the Secretary. Definitions: verification examination — checking records to judge accuracy, reliability, and adequacy; energy information — see 15 U.S.C. 796(e)(1); person — see 15 U.S.C. 796(e)(2); vertically integrated petroleum company — a company that, alone or with controlled affiliates, does production, refining, and marketing of petroleum products.

Title 42, §6381

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(a)Authority of Comptroller General

The Comptroller General may conduct verification examinations with respect to the books, records, papers, or other documents of— (1)

(2)any person who is engaged in the production, processing, refining, transportation by pipeline, or distribution (at other than the retail level) of energy resources—

(A)if such person has furnished, directly or indirectly, energy information (without regard to whether such information was furnished pursuant to legal requirements) to any Federal agency (other than the Internal Revenue Service), and

(B)if the Comptroller General of the United States determines that such information has been or is being used or taken into consideration, in whole or in part, by a Federal agency in carrying out responsibilities committed to such agency; or

(3)any vertically integrated petroleum company with respect to financial information of such company related to energy resource exploration, development, and production and the transportation, refining and marketing of energy resources and energy products.

(b)Request for examination

The Comptroller General shall conduct verification examinations of any person or company described in subsection (a), if requested to do so by any duly established committee of the Congress having legislative or oversight responsibilities under the rules of the House of Representatives or of the Senate, with respect to energy matters or any of the laws administered by the Department of the Interior (or the Secretary thereof), the Federal Energy Regulatory Commission, or the Secretary.

(c)Definitions

For the purposes of this subchapter—

(1)The term “verification examination” means an examination of such books, records, papers, or other documents of a person or company as the Comptroller General determines necessary and appropriate to assess the accuracy, reliability, and adequacy of the energy information, or financial information, referred to in subsection (a).

(2)The term “energy information” has the same meaning as such term has in section 796(e)(1) of title 15.

(3)The term “person” has the same meaning as such term has in section 796(e)(2) of title 15.

(4)The term “vertically integrated petroleum company” means any person which itself, or through a person which is controlled by, controls, or is under common control with such person, is engaged in the production, refining, and marketing of petroleum products.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsec. (c), was in the original “this title”, meaning title V of Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 956, which is classified principally to this subchapter. For complete classification of title V to the Code, see Tables.

Amendments

1978—Subsec. (b). Pub. L. 95–619 purported to substitute “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration. See

Transfer of Functions

note below.

Statutory Notes and Related Subsidiaries

Transfer of Functions

“Secretary, the Department of the Interior, or the Federal Energy Regulatory Commission” and “Secretary” substituted for “Federal Energy Administration, the Department of the Interior, or the Federal Power Commission” and “Administration”, respectively, in subsec. (a)(1), and “Federal Energy Regulatory Commission, or the Secretary” substituted for “Federal Power Commission, or the Federal Energy Administration (or the Administrator)” in subsec. (b) pursuant to section 301, 402, 703, and 707 of Pub. L. 95–91, which are classified to section 7151, 7172, 7293, and 7297 of this title and which terminated the Federal Energy Administration and transferred its functions and functions of Administrator thereof (with certain exceptions) to the Secretary of Energy and terminated the Federal Power Commission and transferred its functions to the Federal Energy Regulatory Commission and the Secretary of Energy.

§6381 Verification Examinations

Summary

Title 42, §6381

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Transfer of Functions

Statutory Notes and Related Subsidiaries

Transfer of Functions

Citations & Metadata