§790d. Annual performance audit review of procedures and methodology by Professional Audit Review Team

(a) Authorization for review and report by Team

The procedures and methodology of the Office shall be subject to a thorough annual performance audit review. Such review shall be conducted by a Professional Audit Review Team which shall prepare a report describing its investigation and reporting its findings to the President and to the Congress.

(b) Membership, appointment and Chairman of Team

The Professional Audit Review Team shall consist of at least six professionally qualified persons who shall be officers or employees of the United States and of whom at least-

one shall be designated by the Chairman of the Council of Economic Advisers;

one shall be designated by the Commissioner of Labor Statistics;

one shall be designated by the Administrator of Social and Economic Statistics;

one shall be designated by the Chairman of the Securities and Exchange Commission;

one shall be designated by the Chairman of the Federal Trade Commission; and

one, who shall be the Chairman of the Professional Audit Review Team, shall be designated by the Comptroller General.

(c) Cooperation of Director and Administrator with Team

The Director and the Administrator shall cooperate fully with the Professional Audit Review Team and notwithstanding any other provisions of law shall make available to the Team such data, information, documents, and services as the Team determines are necessary for successful completion of its performance audit review.

(d) Disclosures of trade secrets or confidential commercial information by members of Team; penalties

Except as authorized by law, any person who-

(1) obtains, in the course of exercising the functions of the Professional Audit Review Team, information which constitutes a trade secret or confidential commercial information, the disclosure of which could result in significant competitive injury to the person to which such information relates; and

(2) willfully discloses such information;

shall be fined not more than $40,000, or imprisoned not more than one year, or both.

(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 .)

Amendments

1977-Subsec. (b). Pub. L. 95–91 reduced the minimum required number of professionally qualified persons for the Team to six from seven and struck out provision for designation of one person for the Team by the Chairman of the Federal Power Commission.

Effective Date

Section effective 150 days after 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 Information 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 Power Commission terminated and functions, personnel, property, funds, etc., transferred to Secretary of Energy (except for certain functions transferred to Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a)(1), 7291, and 7293 of Title 42.

Section Referred to in Other Sections

This section is referred to in title 42 section 7135.