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sentatives of the public. The meetings of such committees shall be open 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) A verbatim transcript shall be kept of such advisory committee meetings, and shall be deposited with the Attorney General and the Federal Trade Commission. Such transcript shall be made available for public inspection and copying in accordance with section 552 of title 5, United States Code, except that matter may not be withheld from disclosure under section 552(b) of such title on grounds other than the grounds specified in section 552 (b)(1), (b)(3), and so much of (b)(4) as relates to trade secrets, or pursuant to a determination under subsection (c).
(c) The President, after consultation with the Secretary of State, the Federal Trade Commission, the Attorney General, and the Secretary, may suspend the application of
(1) sections 10 and 11 of the Federal Advisory Committee Act,
(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);
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 international allocation of petroleum products and the information system provided in such program, and (C) that the meeting deals with matters described in section 552(b)(1) of title 5, United States Code. Such determination by the President shall be in writing, shall set forth a detailed explanation of reasons 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.
[42 U.S.C. 6273]
EXCHANGE OF INFORMATION
SEC. 254. (a)(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 transmit to the International Energy Agency established by the international energy program, the information and data related to the energy industry certified by the Secretary of State as required 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 information to which section 552 (b)(9) or (b)(4) of title 5, United States Code, applies shall, prior to such transmittal, be aggregated, accumulated, or otherwise reported in such manner as to avoid, to the fullest extent feasible, identification of any person from whom the United States obtained such information or data, and in the case of geolog
ical or geophysical information, a competitive disadvantage 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 petroleum products may be made available to the International Energy Agency if otherwise authorized to be made available to such Agency by paragraph (1) of this subsection.
(ii) Subparagraph (A) shall not apply to information 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 disclosed 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 the date of enactment of this Act, and periodically thereafter, the President shall review the operation of this section and shall determine whether other signatory nations to the international energy program are transmitting information and data to the International Energy 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 information or data pursuant to this section shall have the right to petition the President and to request changes in procedures which will protect such person from any competitive damage.
(b) If the President determines that the transmittal of data or information pursuant to the authority of this section would prejudice competition, violate the antitrust laws, or be inconsistent with United States national security interests, he may require that such data or information not be transmitted.
(c) Information and data the confidentiality of which is protected by statute shall not be provided by the Secretary to the Secretary of State under subsection (a) of this section for transmittal to the International Energy Agency, unless the Secretary has obtained the specific concurrence of the head of any department or agency which has the primary statutory authority for the collection, gathering, or obtaining of such information and data. In making a determination to concur in providing such information and data, the head of any department or agency which has the primary statutory authority 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 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.
(d) For the purposes of carrying out the obligations of the United States under the international energy program, the authority to collect data granted by sections 11 and 13 of 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.
(e) 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;
(2) section 14(b) of the Federal Energy Administration Act of 1974;
(3) section 12 of the Export Administration Act of 1979;
(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.
[42 U.S.C. 6274]
RELATIONSHIP OF THIS TITLE TO THE INTERNATIONAL ENERGY
SEC. 255. The purpose of the Congress in enacting this title is to provide standby energy emergency authority to deal with energy shortage conditions and to minimize economic dislocations and adverse impacts on employment. While the authorities contained in this title may, to the extent authorized by this title, be used to carry out obligations incurred by the United States in connection with the International Energy Program, this title shall not be construed in any way as advice and consent, ratification, endorsement, or other form of congressional approval of the specific terms of such program.
[42 U.S.C. 6275]
DOMESTIC RENEWABLE ENERGY INDUSTRY AND RELATED SERVICE
SEC. 256. (a) 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 energy by facilitating the overall abilities of the domestic renewable energy industry and related service industries to create new markets.
(b)(1) Before the later of
(A) 6 months after the date of the enactment of this section, and
(B) May 31, 1985,
the Secretary of Commerce shall conduct an evaluation regarding the domestic renewable energy 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 commercial status of the domestic renewable energy industry and related service industries in domestic and foreign markets;
(B) an assessment of the Federal Government's activities affecting commerce in the domestic renewable energy industry and related service industries and in consolidating and coordinating such activities within the Federal Government; and
(C) an assessment of the aspects of the domestic renewable energy industry and related service industries in which improvements must be made to increase the international commercialization of such industry.
(c)(1) On the basis of the evaluation under subsection (b), the Secretary of Commerce shall, consistent with existing law, establish a program for enhancing commerce in renewable energy technologies and consolidating or coordinating 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 Government and the domestic renewable energy industry and related service industries in international standard-setting activities; and
(D) the establishment of an information program under which
(i) technical information about the domestic renewable energy industry and related service industries shall be provided to appropriate public and private officials engaged in commerce, and
(ii) marketing information about export 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) There shall be established an interagency working group which, in consultation with the representative industry groups and relevant agency heads, shall make recommendations to coordinate the actions and programs of the Federal Government affecting commerce in renewable energy products and related services. The Secretary of Energy shall be the chairman of such group. The heads of appropriate agencies may detail such personnel and may furnish such services to such working group, with or without reimbursement, as may be necessary to carry out its functions.
PART C-ENERGY EMERGENCY PREPAREDNESS
CONGRESSIONAL FINDINGS, POLICY, AND PURPOSE
Sec. 271. (a) FINDINGS.-The Congress finds that
(1) a shortage of petroleum products caused by reductions in imports of petroleum products may occur at any time;
(2) such a shortage may be sufficiently large to cause severe economic dislocations and hardships, or constitute a serious threat to public health, safety, and welfare; and
(3) prior to the occurrence of such a shortage, the Federal Government has a responsibility to be prepared to mitigate the adverse impacts of such a shortage as a supplement to reliance on free market pricing and allocation of available petroleum product supplies.
(b) POLICY.-The Congress declares that it shall be the policy of the United States that the Federal Government shall be prepared prior to any shortage of petroleum products to respond to energy emergencies, pursuant to authorities under provisions of law other than this part, as a supplement to reliance on the free market to mitigate the adverse impacts of a shortage of petroleum products on public health, safety, and welfare.
(c) PURPOSE. The purpose of this part is to carry out the policy in subsection (b) by providing for the preparation of comprehensive energy emergency response procedures to be available for use by the President under authorities contained in any provision of law other than this part.
PREPARATION FOR PETROLEUM SUPPLY INTERRUPTIONS
SEC. 272. (a) DESCRIPTION OF AVAILABLE LEGAL AUTHORITIES.-(1) The President shall submit to the Congress no later than November 15, 1982, a memorandum of law which describes the nature and extent of the authorities available to the President under existing law to respond to a severe energy supply interruption or other substantial reduction in the amount of petroleum products available to the United States.
(2) The memorandum of law required by paragraph (1) shall be prepared by the Attorney General, in consultation with the Secretary of Energy.
(3) The memorandum of law submitted to the Congress pursuant to this subsection shall
(A) include the following subjects
(i) activities of the United States in support of the international energy program and the December 10, 1981, International Energy Agency agreement entitled "Decision on Preparation for Future Supply Disruptions" including
(I) the National Emergency Sharing Organization; (II) emergency sharing systems; and
(III) the supply right project;
(ii) activities of the United States pursuant to its energy emergency preparedness obligations to the North Atlantic Treaty Organization;
(iii) development and use of the Strategic Petroleum Re
(iv) Government incentives to encourage private petroleum product stocks;
(v) reactivation of the following Executive Manpower Re
(I) the Emergency Electric Power Reserve;