
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7135]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
               SUBCHAPTER II--ESTABLISHMENT OF DEPARTMENT
 
Sec. 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 headed by an Administrator who shall be appointed 
by the President, by and with the advice and consent of the Senate, and 
who shall be compensated 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 
experience, is specially qualified to manage an energy information 
system.
    (2) The Administrator shall be responsible for carrying out a 
central, comprehensive, and unified energy data and information program 
which will collect, evaluate, assemble, analyze, and disseminate data 
and information which is relevant to energy resource reserves, energy 
production, 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 future for the Nation's 
economic and social needs.

(b) Delegation of functions

    The Secretary shall delegate to the Administrator (which delegation 
may be on a nonexclusive 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 enforcement of such 
delegated functions.

(c) Functions of Director of Office of Energy Information and Analysis

    In addition to, and not in limitation of the functions delegated to 
the Administrator pursuant to other subsections of this section, there 
shall be vested in the Administrator, and he shall perform, the 
functions assigned to the Director of the Office of Energy Information 
and Analysis under part B of the Federal Energy Administration Act of 
1974 [15 U.S.C. 790 et seq.], and the provisions of sections 53(d) and 
59 thereof [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 obtain the approval of 
any other officer or employee 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 respect to the substance 
of any statistical or forecasting 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 review of performance as described in section 55 \1\ 
of part B of the Federal Energy Administration Act of 1974.
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    \1\ See References in Text note below.
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(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 administration, commission, or office determines relates to 
the functions of such administration, commission, or office.

(g) Availability of information to public

    Information collected by the Energy Information 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, except that this subsection shall not require disclosure of 
matters exempted from mandatory disclosure by section 552(b) of title 5. 
The provisions of section 796(d) of title 15, and section 5916 of this 
title, shall continue to apply to any information obtained by the 
Administrator under such provisions.

(h) Identification and designation of ``major energy producing 
        companies''; format for financial report; accounting practices; 
        filing of financial report; annual report of Department; 
        definitions; confidentiality

    (1)(A) In addition to the acquisition, collection, analysis, and 
dissemination of energy information pursuant to this section, the 
Administrator shall identify and designate ``major energy-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 statistically accurate profile of each line of commerce in the 
energy industry in the United States.
    (B) In fulfilling the requirements of this subsection the 
Administrator shall--
        (i) utilize, to the maximum extent practicable, consistent with 
    the faithful execution of his responsibilities under this chapter, 
    reliable statistical sampling techniques; and
        (ii) otherwise give priority to the minimization of the 
    reporting of energy information by small business.

    (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 comparison on a uniform and standardized 
basis among energy-producing companies and shall permit for the energy-
related activities of such companies--
        (A) an evaluation of company revenues, profits, cash flow, and 
    investments in total, for the energy-related lines of commerce in 
    which such company is engaged and for all significant 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 
    geographic 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 Commission with respect to the development of 
accounting practices required by the Energy Policy 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 energy-producing company financial report 
described in paragraph (2) of this subsection, to the extent practicable 
and consistent with the purposes and provisions of this chapter, is 
consistent with such accounting practices where applicable.
    (4) The Administrator shall require each major energy-producing 
company to file with the Administrator an energy-producing company 
financial 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 pursuant to this section, 
accompanied by such analysis as the Administrator deems appropriate, 
shall be included in the annual report of the Department required by 
subsection (a) \2\ of section 7267 of this title.
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    \2\ So in original. Section 7267 of this title was enacted without a 
subsec. (a).
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    (6) As used in this subsection the term--
        (A) ``energy-producing company'' means a person engaged in:
            (i) ownership or control of mineral fuel resources or 
        nonmineral energy resources;
            (ii) exploration for, or development of, mineral fuel 
        resources;
            (iii) extraction of mineral fuel or nonmineral energy 
        resources;
            (iv) refining, milling, or otherwise processing mineral 
        fuels or nonmineral energy resources;
            (v) storage of mineral fuels or nonmineral energy resources;
            (vi) the generation, transmission, or storage 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-producing 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 publish the results of a 
survey of energy consumption in the manufacturing industries in the 
United States at least once every two years and in a manner designed to 
protect the confidentiality of individual responses. In conducting the 
survey, the Administrator shall collect information, 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 authority 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 
resources, 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 Administrator shall--
        (A) utilize, to the maximum extent practicable and consistent 
    with the faithful execution of his responsibilities under this 
    chapter, reliable statistical sampling techniques; and
        (B) otherwise take into account the reporting burdens of energy 
    information by small businesses.

    (3) As used in this subsection, the term ``renewable energy 
resources'' includes energy derived from solar thermal, geothermal, 
biomass, wind, and photovoltaic resources.

(k) Survey procedure

    Pursuant to section 52(a) of the Federal Energy Administration Act 
of 1974 (15 U.S.C. 790a(a)), the Administrator shall--
        (1) conduct surveys of residential and commercial energy use at 
    least once every 3 years, and make such information available to the 
    public;
        (2) when surveying electric utilities, collect information on 
    demand-side management programs conducted by such utilities, 
    including information regarding the types of demand-side management 
    programs being operated, the quantity of measures installed, 
    expenditures on demand-side management programs, estimates of energy 
    savings resulting from such programs, and whether the savings 
    estimates 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) of this section, consider--
        (1) expanding the survey instruments to include questions 
    regarding participation in Government and utility conservation 
    programs;
        (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 programs, including the effects of building 
    construction practices such as those designed to obtain peak load 
    shifting.

(Pub. L. 95-91, title II, Sec. 205, Aug. 4, 1977, 91 Stat. 572; Pub. L. 
99-509, title III, Sec. 3101(a), Oct. 21, 1986, 100 Stat. 1888; Pub. L. 
102-486, title I, Sec. 171, Oct. 24, 1992, 106 Stat. 2864.)

                       References in Text

    The Federal Energy Administration Act of 1974, referred to in 
subsec. (c), is Pub. L. 93-275, May 7, 1974, 88 Stat. 96, as amended. 
Part B of the Federal Energy Administration Act of 1974 is classified 
generally to subchapter II (Sec. 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.
    Section 55 of part B of the Federal Energy Administration Act of 
1974, referred to in subsec. (e), was classified to section 790d of 
Title 15, Commerce and Trade, and was repealed by Pub. L. 104-66, title 
I, Sec. 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, as amended, 
which is classified principally to chapter 77 (Sec. 6201 et seq.) of 
this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 6201 of this title and Tables.


                               Amendments

    1992--Subsec. (i)(1). Pub. L. 102-486, Sec. 171(a)(1), in 
introductory provisions, substituted ``at least once every two years'' 
for ``on at least a triennial basis''.
    Subsec. (i)(1)(D). Pub. L. 102-486, Sec. 171(a)(2), amended subpar. 
(D) generally. Prior to amendment, subpar. (D) read as follows: ``use of 
nonpurchased sources of energy, such as cogeneration and waste by-
products.''
    Subsecs. (j) to (l). Pub. L. 102-486, Sec. 171(b), added subsecs. 
(j) to (l).
    1986--Subsec. (i). Pub. L. 99-509 added subsec. (i).


  End Use Consumption Surveys; Manufacturing Energy Consumption Survey

    Pub. L. 104-134, title I, Sec. 101(c) [title II], Apr. 26, 1996, 110 
Stat. 1321-156, 1321-188; renumbered title I, Pub. L. 104-140, 
Sec. 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)) or any other provision of law, funds appropriated under 
this heading [DEPARTMENT OF ENERGY, energy information administration] 
hereafter may be used to enter into a contract for end use consumption 
surveys for a term not to exceed eight years: Provided further, That 
notwithstanding any other provision of law, hereafter the Manufacturing 
Energy Consumption Survey shall be conducted on a triennial basis.''
