42 U.S.C. § 6382: Powers and duties of…

Summary

The Comptroller General can require people to give testimony, records, written answers to questions, and other information. He can give oaths. He can also send a staff member, who must show credentials and written notice, to enter business sites at reasonable times, inspect them, take inventory or samples of energy supplies, and copy records about energy or, for vertically integrated petroleum companies, financial information. The Comptroller General can get energy information from federal agencies (but not the IRS). After checking information, he must send the results to the agency that provided it and say whether the information is accurate, reliable, and adequate. If a congressional committee asked for the check, the findings go only to that committee and stay under the committee’s and House/Senate rules. Geological or geophysical data that would cause serious competitive harm may be shown only to a committee and kept confidential. Anyone who knowingly reveals such protected geological or geophysical information faces the penalties in section 754(a)(3)(B) and (4) of Title 15.

Title 42, §6382

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Subpenas; discovery and inspection; oaths; search

For the purpose of carrying out his authority under section 6381 of this title—

(1)the Comptroller General may—

(A)sign and issue subpenas for the attendance and testimony of witnesses and the production of books, records, papers, and other documents;

(B)require any person, by general or special order, to submit answers in writing to interrogatories, to submit books, records, papers, or other documents, or to submit any other information or reports, and such answers or other submissions shall be made within such reasonable period, and under oath or otherwise, as the Comptroller General may determine; and

(C)administer oaths.

(2)the Comptroller General, or any officer or employee duly designated by the Comptroller General, upon presenting appropriate credentials and a written notice from the Comptroller General to the owner, operator, or agent in charge, may—

(A)enter, at reasonable times, any business premise or facility; and

(B)inspect, at reasonable times and in a reasonable manner, any such premise or facility, inventory and sample any stock of energy resources therein, and examine and copy books, records, papers, or other documents, relating to any energy information, or any financial information in the case of a vertically integrated petroleum company.

(b)Information in possession of Federal agencies

The Comptroller General shall have access to any energy information within the possession of any Federal agency (other than the Internal Revenue Service) as is necessary to carry out his authority under this section.

(c)Transmission of examination results to Federal agencies

(1)Except as provided in subsections (d) and (e), the Comptroller General shall transmit a copy of the results of any verification examination conducted under section 6381 of this title to the Federal agency to which energy information which was subject to such examination was furnished.

(2)Any report made pursuant to paragraph (1) shall include the Comptroller General’s findings with respect to the accuracy, reliability, and adequacy of the energy information which was the subject of such examination.

(d)Report to Congressional committees

If the verification examination was conducted at the request of any committee of the Congress, the Comptroller General shall report his findings as to the accuracy, reliability, or adequacy of the energy information which was the subject of such examination, or financial information in the case of a vertically integrated petroleum company, directly to such committee of the Congress and any such information obtained and such report shall be deemed the property of such committee and may not be disclosed except in accordance with the rules of the committee and the rules of the House of Representatives or the Senate and as permitted by law.

(e)Disclosure of geological or geophysical information

(1)Any information obtained by the Comptroller General or any officer or employee of the Government Accountability Office pursuant to the exercise of responsibilities or authorities under this section which relates to geological or geophysical information, or any estimate or interpretation thereof, the disclosure of which would result in significant competitive disadvantage or significant loss to the owner thereof shall not be disclosed except to a committee of Congress. Any such information so furnished to a committee of the Congress shall be deemed the property of such committee and may not be disclosed except in accordance with the rules of the committee and the rules of the House of Representatives or the Senate and as permitted by law.

(2)Any person who knowingly discloses information in violation of paragraph (1) shall be subject to the penalties specified in section 754(a)(3)(B) and (4) of title 15.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 754 of title 15, referred to in subsec. (e)(2), was omitted from the Code pursuant to section 760g of Title 15, Commerce and Trade, which provided for the expiration of the President’s authority under that section on Sept. 30, 1981.

Amendments

2004—Subsec. (e)(1). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”. 1996—Subsec. (f). Pub. L. 104–316 struck out subsec. (f) which read as follows: “The Comptroller General shall prepare and submit to the Congress an annual report with respect to the exercise of its authorities under this part, which report shall specifically identify any deficiencies in energy information or financial information reviewed by the Comptroller General and include a discussion of action taken by the person or company so examined, if any, to correct any such deficiencies.”

§6382 Powers and Duties of Comptroller General