Page:United States Statutes at Large Volume 89.djvu/959

 PUBLIC LAW 94-163—DEC. 22, 1975

89 STAT. 899

(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 (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 Publication in in writing, shall set forth a detailed explanation of reasons justifying Federal Register. 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. EXCHANGE OF INFORMATIGN

SEC. 254. (a)(1) Except as provided in subsections (b) and (c), the 42 USC 6274. Administrator, 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 geological 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, Review, 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

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