
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6274]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 77--ENERGY CONSERVATION
 
                SUBCHAPTER II--STANDBY ENERGY AUTHORITIES
 
    Part B--Authorities With Respect to International Energy Program
 
Sec. 6274. Exchange of information with International Energy 
        Agency
        

(a) Submission of information by Secretary to Secretary of State; 
        transmittal to Agency; aggregation and reporting of geological 
        or geophysical information, trade secrets, or commercial or 
        financial information; availability of such information during 
        international energy supply emergency; certification by 
        President that Agency has adopted security measures; review of 
        compliance of other nations with program; petition to President 
        for changes in procedure

    (1) Except as provided in subsections (b) and (c) of this section, 
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 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 is 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 December 22, 1975, 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) Halting transmittal of information that would prejudice competition, 
        violate antitrust laws, or be inconsistent with security 
        interests

    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 protected by statute

    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) Continuation of authority to collect data under Energy Supply and 
        Environmental Coordination Act and Federal Energy Administration 
        Act of 1974

    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 [15 U.S.C. 796] and the Federal Energy 
Administration Act of 1974 [15 U.S.C. 772], respectively, shall continue 
in full force and effect without regard to the provisions of such Acts 
relating to their expiration.

(e) Limitation on disclosure contained in other laws

    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 [15 U.S.C. 796(d)];
        (2) section 14(b) of the Federal Energy Administration Act of 
    1974 [15 U.S.C. 773(b)];
        (3) section 12 of the Export Administration Act of 1979 [50 App. 
    U.S.C. 2411];
        (4) section 9 of title 13;
        (5) section 176a of title 15; and
        (6) section 1905 of title 18.

(Pub. L. 94-163, title II, Sec. 254, Dec. 22, 1975, 89 Stat. 899; Pub. 
L. 95-619, title VI, Sec. 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. 
L. 96-72, Sec. 22(b)(2), Sept. 29, 1979, 93 Stat. 535.)

                       References in Text

    The antitrust laws, referred to in subsec. (b), are classified 
generally to chapter 1 (Sec. 1 et seq.) of Title 15, Commerce and Trade.
    The provisions of such Acts relating to their expiration, referred 
to in subsec. (d), means section 11(g) of Pub. L. 93-319, June 22, 1974, 
88 Stat. 246, the Energy Supply and Environmental Coordination Act, 
which enacted section 796(g) of Title 15, and section 30 of Pub. L. 93-
275, May 7, 1974, 88 Stat. 97, the Federal Energy Administration Act of 
1974, which is set out as a note under section 761 of Title 15.


                               Amendments

    1979--Subsec. (e)(3). Pub. L. 96-72 substituted ``12'' for ``7'' and 
``1979'' for ``1969''.
    1978--Subsecs. (a)(1), (c). Pub. L. 95-619 substituted ``Secretary'' 
for ``Administrator'', meaning Administrator of the Federal Energy 
Administration, wherever appearing.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-72 effective upon the expiration of the 
Export Administration Act of 1969, which terminated on Sept. 30, 1979, 
or upon any prior date which the Congress by concurrent resolution or 
the President by proclamation designated, see section 2418 of Appendix 
to Title 50, War and National Defense.

                  Section Referred to in Other Sections

    This section is referred to in sections 6272, 6395 of this title.
