Page:United States Statutes at Large Volume 89.djvu/877

 PUBLIC LAW 94-152—DEC. 16, 1975

89 STAT. 817

to section 3109 of title 5, United States Code, is present; except that during an international energy supply emergency, a meeting to implement such an agreement or plan of action may be held outside the presence of such an employee (and need not be initiated or chaired by such an employee) if prior consent is granted by the Administrator and the Attorney General. The Administrator and the Attorney General shall each make a written record of the granting of any such prior consent. "(2) Interested persons permitted to attend such a meeting Public comment, shall be afforded an opportunity to present in writing and orally, data, views, and arguments at such meetings. " (3) A verbatim transcript or, if keeping a verbatim transcript is not practicable, full and complete notes or minutes shall be kept of any meeting held or communication made to develop or implement a voluntary agreement or plan of action under this section, between or among persons who are parties to such a voluntary agreement, or with respect to meetings held or communications made to develop a voluntary agreement; except that, during any international energy supply emergency, in lieu of minutes or a transcript, a log may be kept containing a notation of the parties to, and subject matter of, any such communication (other than in the course of such a meeting). Such minutes, notes, transcript, or log shall be deposited, together with any agreement resulting therefrom, with the Administrator, and shall be available to the Attorney General and the Federal Trade Commission. Such minutes, notes, transcripts, logs, and agreements shall be available for public inspection and copying, except as otherwise provided in section 552(b)(1) and (b)(3) of title 5, United States Code, or pursuant to a determination by the Administrator, in consultation with the Secretary of State and the Attorney General, that such disclosure would be detrimental to the foreign policy interests of the United States. No provision of this section may be exercised so as to prevent committees of Congress from attending meetings to which this subsection applies, or from having access to any transcripts or minutes of such meetings, or logs of communication. "(g) Subject to the prior approval of the Attorney General and the Federal Trade Commission, the Administrator may suspend the application of— " (1) sections 10 and 11 of the Federal Advisory Committee Act. 5 USC app. I. "(2) subsections (b) and (c) of section 17 of the Federal Energy Administration Act of 1974, 15 USC 776. "(3) the requirement under subsection (d)(1) of this section that meetings be open to the public; and "(4) the second sentence of subsection (d)(2) of this section; if the Administrator determines in each instance that such suspension is essential to the implementation of the international agreement as it relates to the international allocation of petroleum products or the information system provided in such agreement and if the Secretary of State determines that the application of such provisions would be detrimental to the foreign policy interests of the United States. Such Publication in determinations by the Administrator and the Secretary of State shall Federal Register, be in writing, shall set forth, to the extent possible consistent with the need to protect the security of classified national defense and foreign policy information, 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.

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