Page images
PDF
EPUB

1 except as otherwise provided (1) in subsections (b)(1), 2 (b)(3), and so much of (b) (4) as relates to trade secrets, 3 of section 552 of title 5, United States Code, or (2) pur4 suant to a determination under subsection (c).

5 (c) The President after consultation with the Secretary 6 of State, the Federal Trade Commission, the Attorney Gen7 eral, and the Administrator, may suspend the application of— (1) sections 10 and 11 of the Federal Advisory Committee Act,

8

9

10

11

12

13

14

15

(2) subsections (b) and (c) of section 17 of the Federal Energy Administration Act of 1974,

(3) the requirement under subsection (a) of this section that meetings be open to the public, and

(4) the second sentence of subsection (b) of this section;

16 if the President determines in each instance that such sus17 pension is essential to the developing or carrying out of the 18 international energy program and relates solely to the pur19 pose of international allocation of petroleum products and the 20 information system provided in such program and that the 21 application of such provisions would be detrimental to the 22 foreign policy interests of the United States. Such determina23 tion by the President shall be in writing, shall set forth a 24 detailed explanation of reasons justifying the granting of 25 such suspension, and shall be published in the Federal Regis

1

ter at a reasonable time prior to the effective date of any such 2 suspension.

3

4

5

EXCHANGE OF INFORMATION

SEC. 214. (a) (1) Except as provided in subsections

(b) and (c), the Administrator, after consultation with the

6 Attorney General, may provide to the Secretary of State,

7

and the Secretary of State may transmit to the International

8 Energy Agency established by the international energy pro

9

gram the information and data related to the energy in10 dustry certified by the Secretary of State as required to be submitted under the international energy program.

12

(2)(A) Except as provided in subparagraph (B) of 13 this paragraph, any such information or data which is a 14 trade secret or commercial or financial information to which 15 section 552(b) (4) of title 5, United States Code, applies 16 shall, prior to such transmittal, be aggregated, accumulated, 17 or otherwise reported, in such manner as to avoid, to the 18 fullest extent feasible, identification of any person who sub19 mitted such information or data.

20

223

(B) Notwithstanding subparagraph (A) of this para

21 graph, during an international energy supply emergency 22 (as defined in section 212(1)(1)), any such information or data with respect to the international allocation of petro24 leum products may be made available to the International

1 Energy Agency if otherwise authorized to be made available

2

3

to such Agency by paragraph (1) of this subsection.

(b) If the President determines that the transmittal 4 of data or information pursuant to the authority of this 5 section would prejudice competition, violate the antitrust 6 laws, or be inconsistent with United States national security 7 interests, he may require that such data or information not 8 be transmitted.

9 (c) Information and data the confidentiality of which 10 is protected by statute, shall not be provided by the Administrator to the Secretary of State under subsection (a) of

11

12

this section for transmittal to the International Energy 13 Agency, unless the Administrator has obtained the specific

14

15

16

concurrence of the head of any department or agency which

has the primary statutory authority for the collection, gather

ing, or obtaining of such information and data. In making a 17 determination to concur in providing such information and

18

data, the head of any department or agency which has the 19 primary statutory authority for the collection, gathering, or 20 obtaining of such information and data, shall consider the

2

[blocks in formation]

purposes for which such information and data was collected, gathered, and obtained, the confidentiality provisions of such

statutory authority, 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 organization or foreign country.

1

(d) For the purposes of carrying out the obligations of

2 the United States under the international energy program,

3 the authority to collect data granted by sections 11 and 13 of 4 the Energy Supply and Environmental Coordination Act and the Federal Energy Administration Act of 1974, respectively, shall continue in full force and effect without regard to the provisions of such Acts relating to their expiration.

5

6

7

8

9

(e) The authority under this section to transmit infor

mation shall be subject to any limitations on disclosure con10 tained in other laws, except that such authority may be

11 exercised without regard to

[blocks in formation]

(1) section 11(d) of the Energy Supply and Environmental Coordination Act of 1974;

(2) section 14(b) of the Federal Energy Admin

istration Act of 1974;

(3) section 7 of the Export Administration Act of

1969;

(4) section 9 of title 13, United States Code;

(5) section 1 of the Act of January 27, 1938 (15

U.S.C. 176(a)); and

(6) section 1905 of title 18, United States Code.

Subpart 3-Materials Allocation

MATERIALS ALLOCATION

SEC. 221. (a) During the period of any severe energy

supply interruption, the President may, by rule or order,

1 require the allocation of, or the performance under con2 tracts or orders (other than contracts of employment) re3 lating to, supplies of materials and equipment if he finds 4 that such supplies are scarce, critical, and essential to main5 tain or further exploration, production, refining, transporta6 tion of energy supplies or for the construction and mainte7 nance of energy facilities under such terms and conditions as he determines to be appropriate and necessary to carry out the purposes of this Act.

8

9

10

(b) Not later than 30 days after the date of enactment 11 of this Act, the President shall report to the Congress with

12

respect to the manner in which the authorities contained in 13 subsection (a) will be administered. Such report shall specify

[blocks in formation]

the office or agency which will administer the authorities contained in subsection (a), the procedures for petitioning such office or agency, criteria for determining priorities among

competing requests, and procedures with respect to appeals.

(c) The authority granted in this section may be used to control the general distribution of any supplies of mate

rials and equipment in the marketplace only to the extent that maintenance or furtherance of exploration, production, refining, or required transportation of energy supplies or the construction or maintenance of energy facilities cannot practically be accomplished during the period of any severe energy supply interruption without exercising the authority specified in subsection (a) of this section.

« PreviousContinue »