[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2331 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 2331

   To provide for oversight of the activities of the Federal Energy 
    Regulatory Commission by the Comptroller General, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 27, 2001

   Mr. Horn introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To provide for oversight of the activities of the Federal Energy 
    Regulatory Commission by the Comptroller General, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Energy Market Monitoring Act''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) When Congress created the Federal Energy Regulatory 
        Commission in 1977 under the Department of Energy Organization 
        Act, it did not explicitly address the Comptroller General's 
        authority to request and subpoena information from facilities 
        or businesses engaged in energy matters related to the Federal 
        Energy Regulatory Commission's activities. Clarification of the 
        scope of the Comptroller General's access to such information 
        would facilitate the Comptroller General's monitoring of the 
        Nation's energy programs.
            (2) For markets to function properly to provide consumers 
        with goods at a competitive price, and to protect consumers 
        from unjust prices or price manipulation, the markets must be 
        transparent in their transactions. Although the Federal Energy 
        Regulatory Commission is responsible for market monitoring, it 
        is unclear whether the Federal Energy Regulatory Commission has 
        in its possession or has requested from market participants 
        comprehensive market data.
            (3) To ensure transparency of energy markets, and to help 
        protect both consumers and suppliers, the General Accounting 
        Office, as the investigative arm of Congress, must have full 
        authority to examine all markets and market participants' 
        activities.

SEC. 3. FUNCTIONS OF COMPTROLLER GENERAL.

    (a) Amendment.--Title IV of the Department of Energy Organization 
Act (42 U.S.C. 7171-7177) is amended by adding at the end the following 
new section:

                   ``functions of comptroller general

    ``Sec. 408. (a) Scope of Activities.--The Comptroller General shall 
monitor and evaluate the functions and activities of the Federal Energy 
Regulatory Commission.
    ``(b) Access to Information.--Any person owning or operating 
facilities or business premises subject to the jurisdiction of the 
Federal Energy Regulatory Commission shall provide the Comptroller 
General with access, including the right to make copies, of any books, 
documents, papers, statistics, data, records, and information where 
such material relates to the jurisdiction of the Federal Energy 
Regulatory Commission, including materials related to energy prices, 
costs, demand, supply, industry and market structure, auction 
processes, and environmental impacts.
    ``(c) Subpoenas.--To assist in carrying out the Comptroller 
General's responsibilities under this section, including any audit, 
investigation, examination, analysis, review, or evaluation, the 
Comptroller General may issue subpoenas to any person described in 
subsection (b) requiring the production of any books, documents, 
papers, statistics, data, records, and information.
    ``(d) Securing Compliance With Subpoena.--Upon petition by the 
Comptroller General or the Attorney General (upon request of the 
Comptroller General), any United States district court within the 
jurisdiction of which an inquiry under this section is carried out may, 
in the case of refusal to obey a subpoena of the Comptroller General 
issued under this section, issue an order requiring compliance 
therewith, and any failure to obey the order of the court may be 
treated by the court as a contempt thereof.''.
    (b) Table of Contents Amendment.--The table of contents of title IV 
of the Department of Energy Organization Act is amended by adding after 
the item relating to section 407 the following new item:

``Sec. 408. Functions of Comptroller General.''.
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