Page:United States Statutes at Large Volume 120.djvu/2907

 120 STAT. 2876

PUBLIC LAW 109–417—DEC. 19, 2006 (ii) be open to persons involved in the development, manufacture, distribution, purchase, or storage of a countermeasure or product, as determined by the Secretary; (iii) be open to the Attorney General, the Secretary of Homeland Security, and the Chairman; (iv) be limited to discussions involving covered activities; and (v) be conducted in such manner as to ensure that no national security, confidential commercial, or proprietary information is disclosed outside the meeting or consultation. (C) LIMITATION.—The Secretary may not require participants to disclose confidential commercial or proprietary information. (D) TRANSCRIPT.—The Secretary shall maintain a complete verbatim transcript of each meeting or consultation conducted under this subsection. Such transcript (or a portion thereof) shall not be disclosed under section 552 of title 5, United States Code, to the extent that the Secretary, in consultation with the Attorney General and the Secretary of Homeland Security, determines that disclosure of such transcript (or portion thereof) would pose a threat to national security. The transcript (or portion thereof) with respect to which the Secretary has made such a determination shall be deemed to be information described in subsection (b)(3) of such section 552. (E) EXEMPTION.— (i) IN GENERAL.—Subject to clause (ii), it shall not be a violation of the antitrust laws for any person to participate in a meeting or consultation conducted in accordance with this paragraph. (ii) LIMITATION.—Clause (i) shall not apply to any agreement or conduct that results from a meeting or consultation and that is not covered by an exemption granted under paragraph (4). (2) SUBMISSION OF WRITTEN AGREEMENTS.—The Secretary shall submit each written agreement regarding covered activities that is made pursuant to meetings or consultations conducted under paragraph (1) to the Attorney General and the Chairman for consideration. In addition to the proposed agreement itself, any submission shall include— (A) an explanation of the intended purpose of the agreement; (B) a specific statement of the substance of the agreement; (C) a description of the methods that will be utilized to achieve the objectives of the agreement; (D) an explanation of the necessity for a cooperative effort among the particular participating persons to achieve the objectives of the agreement; and (E) any other relevant information determined necessary by the Attorney General, in consultation with the Chairman and the Secretary. (3) EXEMPTION FOR CONDUCT UNDER APPROVED AGREEMENT.—It shall not be a violation of the antitrust laws for a person to engage in conduct in accordance with a written

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