42 U.S.C. § 6274 — Exchange of information with Inter-

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 Page 6691 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6274 1 See References in Text note below. petroleum products may be made available to the International Energy Agency is otherwise authorized to be made available to such Agency by paragraph (1) of this subsection. (ii) Subparagraph (A) shall not apply to infor- mation described in subparagraph (A) (other than geological or geophysical information) if the President certifies, after opportunity for presentation of views by interested persons, that the International Energy Agency has adopted and is implementing security measures which assure that such information will not be dis- closed by such Agency or its employees to any person or foreign country without having been aggregated, accumulated, or otherwise reported in such manner as to avoid identification of any person from whom the United States obtained such information or data. (3)(A) Within 90 days after December 22, 1975, and periodically thereafter, the President shall review the operation of this section and shall de- termine whether other signatory nations to the international energy program are transmitting information and data to the International En- ergy Agency in substantial compliance with such program. If the President determines that other nations are not so complying, paragraph (2)(B)(ii) shall not apply until he determines other nations are so complying. (B) Any person who believes he has been or will be damaged by the transmittal of informa- tion or data pursuant to this section shall have the right to petition the President and to re- quest changes in procedures which will protect such person from any competitive damage. (b) Halting transmittal of information that would prejudice competition, violate antitrust laws, or be inconsistent with security interests If the President determines that the trans- mittal of data or information pursuant to the authority of this section would prejudice com- petition, violate the antitrust laws, or be incon- sistent with United States national security in- terests, he may require that such data or infor- mation not be transmitted. (c) Information protected by statute Information and data the confidentiality of which is protected by statute shall not be pro- vided by the Secretary to the Secretary of State under subsection (a) of this section for trans- mittal to the International Energy Agency, un- less the Secretary has obtained the specific con- currence of the head of any department or agen- cy which has the primary statutory authority for the collection, gathering, or obtaining of such information and data. In making a deter- mination to concur in providing such informa- tion and data, the head of any department or agency which has the primary statutory author- ity for the collection, gathering, or obtaining of such information and data shall consider the purposes for which such information and data were collected, gathered, and obtained, the con- fidentiality provisions of such statutory author- ity, and the international obligations of the United States under the international energy program with respect to the transmittal of such information and data to an international orga- nization or foreign country. (d) Continuation of authority to collect data under Energy Supply and Environmental Co- ordination Act and Federal Energy Adminis- tration Act of 1974 For the purposes of carrying out the obliga- tions of the United States under the inter- national energy program, the authority to col- lect data granted by sections 11 and 13 of the En- ergy Supply and Environmental Coordination Act [15 U.S.C. 796] and the Federal Energy Ad- ministration Act of 1974 [15 U.S.C. 772], respec- tively, shall continue in full force and effect without regard to the provisions of such Acts re- lating to their expiration. (e) Limitation on disclosure contained in other laws The authority under this section to transmit information shall be subject to any limitations on disclosure contained in other laws, except that such authority may be exercised without regard to— (1) section 11(d) of the Energy Supply and Environmental Coordination Act of 1974 [15 U.S.C. 796(d)]; (2) section 14(b) of the Federal Energy Ad- ministration Act of 1974 [15 U.S.C. 773(b)]; (3) section 12 1 of the Export Administration Act of 1979; (4) section 9 of title 13; (5) section 176a of title 15; and (6) section 1905 of title 18. (Pub. L. 94–163, title II, § 254, Dec. 22, 1975, 89 Stat. 899; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 96–72, § 22(b)(2), Sept. 29, 1979, 93 Stat. 535.) Editorial Notes REFERENCES IN TEXT The provisions of such Acts relating to their expira- tion, referred to in subsec. (d), means section 11(g) of Pub. L. 93–319, June 22, 1974, 88 Stat. 246, the Energy Supply and Environmental Coordination Act, which en- acted section 796(g) of Title 15, and section 30 of Pub. L. 93–275, May 7, 1974, 88 Stat. 97, the Federal Energy Administration Act of 1974, which is set out as a note under section 761 of Title 15. Section 12 of the Export Administration Act of 1979, referred to in subsec. (e)(3), was classified to section 4614 of Title 50, War and National Defense, prior to re- peal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. AMENDMENTS 1979—Subsec. (e)(3). Pub. L. 96–72 substituted ‘‘12’’ for ‘‘7’’ and ‘‘1979’’ for ‘‘1969’’. 1978—Subsecs. (a)(1), (c). Pub. L. 95–619 substituted ‘‘Secretary’’ for ‘‘Administrator’’, meaning Adminis- trator of the Federal Energy Administration, wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–72 effective upon the expi- ration of the Export Administration Act of 1969, which terminated on Sept. 30, 1979, or upon any prior date which the Congress by concurrent resolution or the President by proclamation designated, see Pub. L. 96–72, § 19(a), Sept. 29, 1979, 93 Stat. 535, which was clas- Page 6692 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6275 sified to section 4621 of Title 50, War and National De- fense, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. § 6275. Relationship between standby emergency authorities and international energy pro- gram The purpose of the Congress in enacting this subchapter is to provide standby energy emer- gency authority to deal with energy shortage conditions and to minimize economic disloca- tions and adverse impacts on employment. While the authorities contained in this sub- chapter may, to the extent authorized by this subchapter, be used to carry out obligations in- curred by the United States in connection with the International Energy Program, this sub- chapter shall not be construed in any way as ad- vice and consent, ratification, endorsement, or other form of congressional approval of the spe- cific terms of such program. (Pub. L. 94–163, title II, § 255, Dec. 22, 1975, 89 Stat. 900.) § 6276. Domestic renewable energy industry and related service industries (a) Purpose It is the purpose of this section to implement the responsibilities of the United States under chapter VII of the international energy program with respect to development of alternative en- ergy by facilitating the overall abilities of the domestic renewable energy industry and related service industries to create new markets. (b) Evaluation; report to Congress (1) Before the later of— (A) 6 months after July 18, 1984, and (B) May 31, 1985, the Secretary of Commerce shall conduct an evaluation regarding the domestic renewable en- ergy industry and related service industries and submit a report of his findings to the Congress. (2) Such evaluation shall include— (A) an assessment of the technical and com- mercial status of the domestic renewable en- ergy industry and related service industries in domestic and foreign markets; (B) an assessment of the Federal Govern- ment’s activities affecting commerce in the domestic renewable energy industry and re- lated service industries and in consolidating and coordinating such activities within the Federal Government; and (C) an assessment of the aspects of the do- mestic renewable energy industry and related service industries in which improvements must be made to increase the international commercialization of such industry. (c) Program for enhancing commerce in renew- able energy technologies; funding (1) On the basis of the evaluation under sub- section (b), the Secretary of Commerce shall, consistent with existing law, establish a pro- gram for enhancing commerce in renewable en- ergy technologies and consolidating or coordi- nating existing activities for such purpose. (2) Such program shall provide for— (A) the broadening of the participation by the domestic renewable energy industry and related service industries in such activities; (B) the promotion of the domestic renewable energy industry and related service industries on a worldwide basis; (C) the participation by the Federal Govern- ment and the domestic renewable energy in- dustry and related service industries in inter- national standard-setting activities; and (D) the establishment of an information pro- gram under which— (i) technical information about the domes- tic renewable energy industry and related service industries shall be provided to appro- priate public and private officials engaged in commerce, and to potential end users, in- cluding other industry sectors in foreign countries such as health care, rural develop- ment, communications, and refrigeration, and others, and (ii) marketing information about export and export financing opportunities shall be available to the domestic renewable energy industry and related service industries. (3) Necessary funds required for carrying out such program shall be requested in connection with fiscal years beginning after September 30, 1984. (d) Interagency working group (1) Establishment (A) There shall be established an inter- agency working group that, in consultation with the representative industry groups and relevant agency heads, shall make rec- ommendations to coordinate the actions and programs of the Federal Government affecting exports of renewable energy and energy effi- ciency products and services. The interagency working group shall establish a program to in- form foreign countries of the benefits of poli- cies that would increase energy efficiency or would allow facilities that use renewable en- ergy to compete effectively with producers of energy from nonrenewable sources. (B) There shall be established an Inter- agency Working Subgroup on Renewable En- ergy and an Interagency Working Subgroup on Energy Efficiency that shall, in consultation with representative industry groups, nonprofit organizations, and relevant Federal agencies, make recommendations to coordinate the ac- tions and programs of the Federal Government to promote the export of domestic renewable energy and energy efficiency products and services, respectively. (C) The Secretary of Energy, or the Sec- retary’s designee, shall chair the interagency working group and each subgroup established under this paragraph. The Administrator of the Agency for International Development and the Secretary of Commerce, or their designees, shall be members of both subgroups estab- lished under this paragraph. The Secretary shall provide staff for carrying out the func- tions of the interagency working group and each subgroup established under this para- graph. The heads of appropriate agencies may detail such personnel and may furnish such services to such group and subgroups, with or without reimbursement, as may be necessary to carry out their functions.