42 U.S.C. § 6273 — Advisory committees

Page 6689 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6273 Energy Program shall be deemed to be 90 days after De- cember 22, 1975.’’ Subsec. (k)(2). Pub. L. 105–177, § 1(4)(F), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘The term ‘allocation and information provisions of the international energy program’ means the provi- sions of the international energy program which relate to international allocation of petroleum products and to the information system provided in such program.’’ Subsec. (l). Pub. L. 105–177, § 1(4)(G), amended subsec. (l) generally. Prior to amendment, subsec. (l) read as follows: ‘‘The authority granted by this section shall apply only to the development or carrying out of vol- untary agreements and plans of action to implement chapters III, IV, and V of the international energy pro- gram.’’ 1995—Subsec. (i). Pub. L. 104–66 substituted ‘‘, at such intervals as are appropriate based on significant devel- opments and issues, reports’’ for ‘‘, at least once every 6 months, a report’’. 1985—Subsec. (d)(1). Pub. L. 99–58, § 104(c)(4), sub- stituted ‘‘subsection (f) or (j)’’ for ‘‘subsection (f) or (k)’’. Subsecs. (j) to (l). Pub. L. 99–58, § 104(c)(2), redesig- nated subsecs. (k) to (m) as (j) to (l). Former subsec. (j), which provided that the authority granted by this sec- tion would terminate at midnight, June 30, 1985, was struck out. Subsecs. (m), (n). Pub. L. 99–58, § 105, added subsecs. (m) and (n). Former subsec. (m) redesignated (l). 1984—Subsec. (j). Pub. L. 98–239 substituted ‘‘June 30, 1985’’ for ‘‘December 31, 1983’’. 1982—Subsec. (j). Pub. L. 97–229, § 2(a), substituted ‘‘at midnight December 31, 1983’’ for ‘‘August 1, 1982’’. Pub. L. 97–217 substituted ‘‘August 1, 1982’’ for ‘‘July 1, 1982’’. Pub. L. 97–190 substituted ‘‘July 1, 1982’’ for ‘‘June 1, 1982’’. Pub. L. 97–163 substituted ‘‘June 1, 1982’’ for ‘‘April 1, 1982’’. Subsec. (m). Pub. L. 97–229, § 2(b)(2), added subsec. (m). 1981—Subsec. (j). Pub. L. 97–50 substituted ‘‘April 1, 1982’’ for ‘‘September 30, 1981’’. Pub. L. 97–5 substituted ‘‘September 30, 1981’’ for ‘‘March 15, 1981’’. 1979—Subsec. (c)(4). Pub. L. 96–133, § 2, inserted provi- sions respecting access to transcripts. Subsec. (j). Pub. L. 96–133, § 1, substituted ‘‘March 15, 1981’’ for ‘‘November 30, 1979’’. Pub. L. 96–94 substituted ‘‘November 30’’ for ‘‘October 31’’. Pub. L. 96–30 substituted ‘‘October 31, 1979’’ for ‘‘June 30, 1979’’. 1978—Subsecs. (b), (c)(1)(A)(iii), (2), (3), (d)(1), (2), (e)(2). Pub. L. 95–619 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’, meaning Administrator of the Federal Energy Administration, wherever appearing. Statutory Notes and Related Subsidiaries STUDY AND REPORT ON ENERGY POLICY COOPERATION BETWEEN UNITED STATES AND OTHER WESTERN HEMI- SPHERE COUNTRIES Pub. L. 100–373, § 2, July 19, 1988, 102 Stat. 878, directed Secretary of Energy, in consultation with Secretary of State and Secretary of Commerce, to conduct a study to determine how best to enhance cooperation between United States and other countries of Western Hemi- sphere with respect to energy policy including stable supplies of, and stable prices for, energy, with Sec- retary of Energy to report results of such study to Con- gress, propose a comprehensive international energy policy for United States designed to enhance coopera- tion between United States and other countries of the Western Hemisphere, and recommend such action as Secretary deemed necessary to establish and imple- ment such policy. REPORT OF IMPLEMENTATION ACTIVITIES UNDER INTERNATIONAL VOLUNTARY AGREEMENTS Pub. L. 96–133, § 3, Nov. 30, 1979, 93 Stat. 1053, directed Secretary of Energy, in consultation with Secretary of State, Attorney General, and Chairman of Federal Trade Commission, to prepare and submit to appro- priate committees of Congress, a report concerning ac- tions taken by them to carry out provisions of this sec- tion, which report was to examine and discuss extent to which all, or part, of any meeting held in accordance with subsec. (c) of this section to carry out a voluntary agreement or to develop or carry out a plan of action should be open to interested persons in furtherance of provisions of subsec. (c)(1)(A) of this section, policies and procedures followed by appropriate Federal agen- cies in reviewing and making public or withholding from the public all, or part, of any transcript of any meeting held to develop or carry out a voluntary agree- ment or plan of action under this section and in per- mitting persons, other than citizens of United States, to review such transcripts prior to any public disclo- sure thereof, extent to which classification of all, or part, of such transcripts should be carried out by one agency, adequacy of actions by responsible Federal agencies in insuring that standards and procedures re- quired by this section are fully implemented and en- forced, including monitoring of program concerning any anticompetitive effects, and number of personnel, and amount of funds, assigned by each such agency to carry out such standards and procedures, actions taken, or to be taken, to improve reporting of energy supply data under international energy program and to reconcile such reporting with similar reporting that is conducted by Department of Energy, actions taken, or planned, to improve reporting required by subsec. (i) of this section, and other actions under subsec. (i) of this section and to transmit such report to such committees within 120 days after Nov. 30, 1979, and to make such re- port available to the public. Executive Documents CLASSIFICATION OF CERTAIN INFORMATION AND MATERIAL For provisions relating to the classification of cer- tain information and material obtained from advisory bodies created to implement the International Energy Program, see Ex. Ord. No. 11932, eff. Aug. 4, 1976, 41 F.R. 32691, set out as a note under section 3161 of Title 50, War and National Defense. § 6273. Advisory committees (a) Authority of Secretary to establish; applica- bility of section 17 of Federal Energy Admin- istration Act of 1974; chairman; inclusion of representatives of public; public meetings; notice of meeting to Attorney General and Federal Trade Commission; attendance and participation of their representatives To achieve the purposes of the international energy program with respect to international al- location of petroleum products and the informa- tion system provided in such program, the Sec- retary may provide for the establishment of such advisory committees as he determines are necessary. In addition to the requirements spec- ified in this section, such advisory committees shall be subject to the provisions of section 17 of the Federal Energy Administration Act of 1974 [15 U.S.C. 776] (whether or not such Act [15 U.S.C. 761 et seq.] or any of its provisions expire or terminate before June 30, 1985); shall be chaired by a regular full-time Federal employee; and shall include representatives of the public. The meetings of such committees shall be open Page 6690 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6274 1 See References in Text note below. to the public. The Attorney General and the Federal Trade Commission shall have adequate advance notice of any meeting and may have an official representative attend and participate in any such meeting. (b) Transcript of meetings A verbatim transcript shall be kept of such ad- visory committee meetings, and shall be depos- ited with the Attorney General and the Federal Trade Commission. Such transcript shall be made available for public inspection and copy- ing in accordance with section 552 of title 5, ex- cept that matter may not be withheld from dis- closure under section 552(b) of such title on grounds other than the grounds specified in sec- tion 552(b)(1), (b)(3), and so much of (b)(4) as re- lates to trade secrets, or pursuant to a deter- mination under subsection (c). (c) Suspension of application of certain require- ments by President The President, after consultation with the Secretary of State, the Federal Trade Commis- sion, the Attorney General, and the Secretary, may suspend the application of— (1) sections 1009 and 1010 of title 5, (2) subsections (b) and (c) of section 17 1 of the Federal Energy Administration Act of 1974, (3) the requirement under subsection (a) of this section that meetings be open to the pub- lic, and (4) the second sentence of subsection (b); if the President determines with respect to a particular meeting, (A) that such suspension is essential to the developing or carrying out of the international energy program, (B) that such suspension relates solely to the purpose of inter- national allocation of petroleum products and the information system provided in such pro- gram, and (C) that the meeting deals with mat- ters described in section 552(b)(1) of title 5. Such determination by the President shall be in writ- ing, shall set forth a detailed explanation of rea- sons justifying the granting of such suspension, and shall be published in the Federal Register at a reasonable time prior to the effective date of any such suspension. (Pub. L. 94–163, title II, § 253, Dec. 22, 1975, 89 Stat. 898; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 117–286, § 4(a)(265), Dec. 27, 2022, 136 Stat. 4335.) Editorial Notes REFERENCES IN TEXT The Federal Energy Administration Act of 1974, re- ferred to in subsec. (a), is Pub. L. 93–275, May 7, 1974, 88 Stat. 96, which is classified generally to chapter 16B (§ 761 et seq.) of Title 15, Commerce and Trade. For com- plete classification of this Act to the Code, see Short Title note set out under section 761 of Title 15 and Ta- bles. Section 17 of the Federal Energy Administration Act of 1974, referred to in subsec. (c)(2), was classified to section 776 of Title 15, Commerce and Trade, prior to repeal by Pub. L. 105–28, § 2(b)(2), July 18, 1997, 111 Stat. 245. AMENDMENTS 2022—Subsec. (c)(1). Pub. L. 117–286 substituted ‘‘sec- tions 1009 and 1010 of title 5,’’ for ‘‘sections 10 and 11 of the Federal Advisory Committee Act,’’. 1978—Subsecs. (a), (c). Pub. L. 95–619 substituted ‘‘Secretary’’ for ‘‘Administrator’’, meaning Adminis- trator of the Federal Energy Administration. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment un- less in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the end of such 2-year period, or in the case of a com- mittee established by the Congress, its duration is oth- erwise provided by law. See section 1013 of Title 5, Gov- ernment Organization and Employees. Executive Documents CLASSIFICATION OF CERTAIN INFORMATION AND MATERIAL For provisions relating to the classification of cer- tain information and material obtained from advisory bodies created to implement the International Energy Program, see Ex. Ord. No. 11932, eff. Aug. 4, 1976, 41 F.R. 32691, set out as a note under section 3161 of Title 50, War and National Defense. § 6274. Exchange of information with Inter- national Energy Agency (a) Submission of information by Secretary to Secretary of State; transmittal to Agency; ag- gregation and reporting of geological or geo- physical information, trade secrets, or com- mercial or financial information; availability of such information during international en- ergy supply emergency; certification by President that Agency has adopted security measures; review of compliance of other na- tions with program; petition to President for changes in procedure (1) Except as provided in subsections (b) and (c), the Secretary, after consultation with the Attorney General, may provide to the Secretary of State, and the Secretary of State may trans- mit to the International Energy Agency estab- lished by the international energy program, the information and data related to the energy in- dustry certified by the Secretary of State as re- quired to be submitted under the international energy program. (2)(A) Except as provided in subparagraph (B) of this paragraph, any such information or data which is geological or geophysical information or a trade secret or commercial or financial in- formation to which section 552(b)(9) or (b)(4) of title 5 applies shall, prior to such transmittal, be aggregated, accumulated, or otherwise re- ported in such manner as to avoid, to the fullest extent feasible, identification of any person from whom the United States obtained such in- formation or data, and in the case of geological or geophysical information, a competitive dis- advantage to such person. (B)(i) Notwithstanding subparagraph (A) of this paragraph, during an international energy supply emergency, any such information or data with respect to the international allocation of