42 U.S.C. § 6272 — International voluntary agreements

Page 6685 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6272 (Pub. L. 94–163, title II, § 251, Dec. 22, 1975, 89 Stat. 894; Pub. L. 97–229, § 2(b)(1), Aug. 3, 1982, 96 Stat. 248; Pub. L. 105–177, § 1(3), June 1, 1998, 112 Stat. 105.) Editorial Notes REFERENCES IN TEXT Section 753 of title 15, referred to in subsec. (c), was omitted from the Code pursuant to section 760g of Title 15, Commerce and Trade, which provided for the expira- tion of the President’s authority under that section on Sept. 30, 1981. Section 6212 of this title, referred to in subsec. (d), was repealed by Pub. L. 114–113, div. O, title I, § 101(a), Dec. 18, 2015, 129 Stat. 2987. AMENDMENTS 1998—Subsec. (e)(1). Pub. L. 105–177 substituted ref- erence to section 6272(k)(1) for reference to section 6272(l)(1). 1982—Subsec. (e). Pub. L. 97–229 added subsec. (e). § 6272. International voluntary agreements (a) Exclusiveness of section’s requirements Effective 90 days after December 22, 1975, the requirements of this section shall be the sole procedures applicable to— (1) the development or carrying out of vol- untary agreements and plans of action to im- plement the international emergency response provisions, and (2) the availability of immunity from the antitrust laws with respect to the develop- ment or carrying out of such voluntary agree- ments and plans of action. (b) Prescription by Secretary of standards and procedures for developing and carrying out voluntary agreements and plans of action The Secretary, with the approval of the Attor- ney General, after each of them has consulted with the Federal Trade Commission and the Sec- retary of State, shall prescribe, by rule, stand- ards and procedures by which persons engaged in the business of producing, transporting, refin- ing, distributing, or storing petroleum products may develop and carry out voluntary agree- ments, and plans of action, which are required to implement the international emergency re- sponse provisions. (c) Requirements for standards and procedures The standards and procedures prescribed under subsection (b) shall include the following re- quirements: (1)(A)(i) Except as provided in clause (ii) or (iii) of this subparagraph, meetings held to de- velop or carry out a voluntary agreement or plan of action under this subsection shall per- mit attendance by representatives of commit- tees of Congress and interested persons, in- cluding all interested segments of the petro- leum industry, consumers, and the public; shall be preceded by timely and adequate no- tice with identification of the agenda of such meeting to the Attorney General, the Federal Trade Commission, committees of Congress, and (except during an international energy supply emergency with respect to meetings to carry out a voluntary agreement or to develop or carry out a plan of action) the public; and shall be initiated and chaired by a regular full- time Federal employee. (ii) Meetings of bodies created by the Inter- national Energy Agency established by the international energy program need not be open to interested persons and need not be ini- tiated and chaired by a regular full-time Fed- eral employee. (iii) The President, in consultation with the Secretary, the Secretary of State, and the At- torney General, may determine that a meeting held to carry out a voluntary agreement or to develop or carry out a plan of action shall not be open to interested persons or that attend- ance by interested persons may be limited, if the President finds that a wider disclosure would be detrimental to the foreign policy in- terests of the United States. (B) No meetings may be held to develop or carry out a voluntary agreement or plan of ac- tion under this section unless a regular full- time Federal employee is present. (2) Interested persons permitted to attend such a meeting shall be afforded an oppor- tunity to present, in writing and orally, data, views, and arguments at such meetings, sub- ject to any reasonable limitations with re- spect to the manner of presentation of data, views, and arguments as the Secretary may impose. (3) A full and complete record, and where practicable a verbatim transcript, shall be kept of any meeting held, and a full and com- plete record shall be kept of any communica- tion (other than in a meeting) made, between or among participants or potential partici- pants, to develop, or carry out a voluntary agreement or a plan of action under this sec- tion. Such record or transcript shall be depos- ited, together with any agreement resulting therefrom, with the Secretary, and shall be available to the Attorney General and the Federal Trade Commission. Such records or transcripts shall be available for public inspec- tion and copying in accordance with section 552 of title 5; except that (A) 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), or so much of (b)(4) as relates to trade secrets; and (B) in the exercise of authority under sec- tion 552(b)(1), the President shall consult with the Secretary of State, the Secretary, and the Attorney General with respect to questions re- lating to the foreign policy interests of the United States. (4) No provision of this section may be exer- cised so as to prevent representatives of com- mittees of Congress from attending meetings to which this section applies, or from having access to any transcripts, records, and agree- ments kept or made under this section. Such access to any transcript that is required to be kept for any meeting shall be provided as soon as practicable (but not later than 14 days) after that meeting. (d) Participation of Attorney General and Fed- eral Trade Commission in development and carrying out of voluntary agreements and plans of action (1) The Attorney General and the Federal Trade Commission shall participate from the be- Page 6686 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6272 ginning in the development, and when prac- ticable, in the carrying out of voluntary agree- ments and plans of action authorized under this section. Each may propose any alternative which would avoid or overcome, to the greatest extent practicable, possible anticompetitive ef- fects while achieving substantially the purposes of this part. A voluntary agreement or plan of action under this section may not be carried out unless approved by the Attorney General, after consultation with the Federal Trade Commis- sion. Prior to the expiration of the period deter- mined under paragraph (2), the Federal Trade Commission shall transmit to the Attorney Gen- eral its views as to whether such an agreement or plan of action should be approved, and shall publish such views in the Federal Register. The Attorney General, in consultation with the Fed- eral Trade Commission, the Secretary of State, and the Secretary, shall have the right to re- view, amend, modify, disapprove, or revoke, on his own motion or upon the request of the Fed- eral Trade Commission or any interested person, any voluntary agreement or plan of action at any time, and, if revoked, thereby withdraw pro- spectively any immunity which may be con- ferred by subsection (f) or (j). (2) Any voluntary agreement or plan of action entered into pursuant to this section shall be submitted in writing to the Attorney General and the Federal Trade Commission 20 days be- fore being implemented; except that during an international energy supply emergency, the Sec- retary, subject to approval of the Attorney Gen- eral, may reduce such 20-day period. Any such agreement or plan of action shall be available for public inspection and copying, except that a plan of action shall be so available only to the extent to which records or transcripts are so available as provided in the last sentence of sub- section (c)(3). Any action taken pursuant to such voluntary agreement or plan of action shall be reported to the Attorney General and the Federal Trade Commission pursuant to such regulations as shall be prescribed under para- graphs (3) and (4) of subsection (e). (3) A plan of action may not be approved by the Attorney General under this subsection un- less such plan (A) describes the types of sub- stantive actions which may be taken under the plan, and (B) is as specific in its description of proposed substantive actions as is reasonable in light of circumstances known at the time of ap- proval. (e) Monitoring of development and carrying out of voluntary agreements and plans of action by Attorney General and Federal Trade Com- mission (1) The Attorney General and the Federal Trade Commission shall monitor the develop- ment and carrying out of voluntary agreements and plans of action authorized under this section in order to promote competition and to prevent anticompetitive practices and effects, while achieving substantially the purposes of this part. (2) In addition to any requirement specified under subsections (b) and (c) of this section and in order to carry out the purposes of this sec- tion, the Attorney General, in consultation with the Federal Trade Commission and the Sec- retary, may promulgate rules concerning the maintenance of necessary and appropriate records related to the development and carrying out of voluntary agreements and plans of action authorized pursuant to this section. (3) Persons developing or carrying out vol- untary agreements and plans of action author- ized pursuant to this section shall maintain such records as are required by rules promul- gated under paragraph (2). The Attorney General and the Federal Trade Commission shall have access to and the right to copy such records at reasonable times and upon reasonable notice. (4) The Attorney General and the Federal Trade Commission may each prescribe such rules as may be necessary or appropriate to carry out their respective responsibilities under this section. They may both utilize for such pur- poses and for purposes of enforcement any pow- ers conferred upon the Federal Trade Commis- sion or the Department of Justice, or both, by the antitrust laws or the Antitrust Civil Process Act [15 U.S.C. 1311 et seq.]; and wherever any such law refers to ‘‘the purposes of this Act’’ or like terms, the reference shall be understood to include this section. (f) Defense to civil or criminal antitrust actions (1) There shall be available as a defense to any civil or criminal action brought under the anti- trust laws (or any similar State law) in respect to actions taken to develop or carry out a vol- untary agreement or plan of action by persons engaged in the business of producing, trans- porting, refining, distributing, or storing petro- leum products (provided that such actions were not taken for the purpose of injuring competi- tion) that— (A) such actions were taken— (i) in the course of developing a voluntary agreement or plan of action pursuant to this section, or (ii) to carry out a voluntary agreement or plan of action authorized and approved in accordance with this section, and (B) such persons complied with the require- ments of this section and the rules promul- gated hereunder. (2) Except in the case of actions taken to de- velop a voluntary agreement or plan of action, the defense provided in this subsection shall be available only if the person asserting the de- fense demonstrates that the actions were speci- fied in, or within the reasonable contemplation of, an approved voluntary agreement or plan of action. (3) Persons interposing the defense provided by this subsection shall have the burden of proof, except that the burden shall be on the person against whom the defense is asserted with re- spect to whether the actions were taken for the purpose of injuring competition. (g) Acts or practices occurring prior to date of enactment of chapter or subsequent to its ex- piration or repeal No provision of this section shall be construed as granting immunity for, or as limiting or in any way affecting any remedy or penalty which may result from any legal action or proceeding Page 6687 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6272 arising from, any act or practice which occurred prior to the date of enactment of this chapter or subsequent to its expiration or repeal. (h) Applicability of Defense Production Act of 1950 Section 4558 of title 50 shall not apply to any agreement or action undertaken for the purpose of developing or carrying out— (1) the international energy program; or (2) any allocation, price control, or similar program with respect to petroleum products under this chapter. (i) Reports by Attorney General and Federal Trade Commission to Congress and Presi- dent The Attorney General and the Federal Trade Commission shall each submit to the Congress and to the President, at such intervals as are ap- propriate based on significant developments and issues, reports on the impact on competition and on small business of actions authorized by this section. (j) Defense in breach of contract actions In any action in any Federal or State court for breach of contract, there shall be available as a defense that the alleged breach of contract was caused predominantly by action taken during an international energy supply emergency to carry out a voluntary agreement or plan of action au- thorized and approved in accordance with this section. (k) Definitions As used in this section and section 6274 of this title: (1) The term ‘‘international energy supply emergency’’ means any period (A) beginning on any date which the President determines allocation of petroleum products to nations participating in the international energy pro- gram is required by chapters III and IV of such program, and (B) ending on a date on which he determines that such allocation is no longer required. Such a period may not exceed 90 days, but the President may establish one or more additional 90-day periods by making anew the determination under subparagraph (A) of the preceding sentence. Any determina- tion respecting the beginning or end of any such period shall be published in the Federal Register. (2) The term ‘‘international emergency re- sponse provisions’’ means— (A) the provisions of the international en- ergy program which relate to international allocation of petroleum products and to the information system provided in the pro- gram; and (B) the emergency response measures adopted by the Governing Board of the Inter- national Energy Agency (including the July 11, 1984, decision by the Governing Board on ‘‘Stocks and Supply Disruptions’’) for— (i) the coordinated drawdown of stocks of petroleum products held or controlled by governments; and (ii) complementary actions taken by governments during an existing or impend- ing international oil supply disruption. (l) Applicability of antitrust defense The antitrust defense under subsection (f) shall not extend to the international allocation of petroleum products unless allocation is re- quired by chapters III and IV of the inter- national energy program during an inter- national energy supply emergency. (m) Limitation on new plans of action (1) With respect to any plan of action approved by the Attorney General after July 2, 1985— (A) the defenses under subsection (f) and (j) shall be applicable to Type 1 activities (as that term is defined in the International Energy Agency Emergency Management Manual, dated December 1982) only if— (i) the Secretary has transmitted such plan of action to the Congress; and (ii)(I) 90 calendar days of continuous ses- sion have elapsed since receipt by the Con- gress of such transmittal; or (II) within 90 calendar days of continuous session after receipt of such transmittal, ei- ther House of the Congress has disapproved a joint resolution of disapproval pursuant to subsection (n); and (B) such defenses shall not be applicable to Type 1 activities if there has been enacted, in accordance with subsection (n), a joint resolu- tion of disapproval. (2) The Secretary may withdraw the plan of action at any time prior to adoption of a joint resolution described in subsection (n)(3) by ei- ther House of Congress. (3) For the purpose of this subsection— (A) continuity of session is broken only by an adjournment of the Congress sine die at the end of the second session of Congress; and (B) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the calendar-day period involved. (n) Joint resolution of disapproval (1)(A) The application of defenses under sub- sections (f) and (j) for Type 1 activities with re- spect to any plan of action transmitted to Con- gress as described in subsection (m)(1)(A)(i) shall be disapproved if a joint resolution of dis- approval has been enacted into law during the 90-day period of continuous session after which such transmission was received by the Congress. For the purpose of this subsection, the term ‘‘joint resolution’’ means only a joint resolution of either House of the Congress as described in paragraph (3). (B) After receipt by the Congress of such plan of action, a joint resolution of disapproval may be introduced in either House of the Congress. Upon introduction in the Senate, the joint reso- lution shall be referred in the Senate imme- diately to the Committee on Energy and Nat- ural Resources of the Senate. (2) This subsection is enacted by the Con- gress— (A) as an exercise of the rulemaking power of the Senate and as such it is deemed a part of the rules of the Senate, but applicable only with respect to the procedure to be followed in Page 6688 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6272 the Senate in the case of resolutions described by paragraph (3); it supersedes other rules only to the extent that is inconsistent therewith; and (B) with full recognition of the constitu- tional right of the Senate to change the rules (so far as relating to the procedure of the Sen- ate) at any time, in the same manner and to the same extent as in the case of any other rule of the Senate. (3) The joint resolution disapproving the transmission under subsection (m) shall read as follows after the resolving clause: ‘‘That the Congress of the United States disapproves the availability of the defenses pursuant to section 252 (f) and (j) of the Energy Policy and Conserva- tion Act with respect to Type 1 activities under the plan of action submitted to the Congress by the Secretary of Energy on .’’, the blank space therein being filled with the date and year of receipt by the Congress of the plan of action transmitted as described in subsection (m). (4)(A) If the Committee on Energy and Natural Resources of the Senate has not reported a joint resolution referred to it under this subsection at the end of 20 calendar days of continuous session after its referral, it shall be in order to move ei- ther to discharge the committee from further consideration of such resolution or to discharge the committee from further consideration of any other joint resolution which has been re- ferred to the committee with respect to such plan of action. (B) A motion to discharge shall be highly priv- ileged (except that it may not be made after the Committee on Energy and Natural Resources has reported a joint resolution with respect to the plan of action), and debate thereon shall be limited to not more than one hour, to be divided equally between those favoring and those oppos- ing the joint resolution. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider the vote by which the motion was agreed to or disagreed to. (C) If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the com- mittee be made with respect to any other joint resolution with respect to the same trans- mission. (5)(A) When the Committee on Energy and Natural Resources of the Senate has reported or has been discharged from further consideration of a joint resolution, it shall be in order at any time thereafter within the 90-day period fol- lowing receipt by the Congress of the plan of ac- tion (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of such joint resolution. The motion shall be highly privileged and shall not be debatable. An amendment to the motion shall not be in order, and it shall not be in order to move to reconsider a vote by which the mo- tion was agreed to or disagreed to. (B) Debate on the joint resolution shall be lim- ited to not more than 10 hours and final action on the joint resolution shall occur immediately following conclusion of such debate. A motion further to limit debate shall not be debatable. A motion to recommit such a joint resolution shall not be in order, and it shall not be in order to move to reconsider the vote by which such a joint resolution was agreed to or disagreed to. (6)(A) Motions to postpone made with respect to the discharge from committee or consider- ation of a joint resolution, shall be decided with- out debate. (B) Appeals from the decision of the Chair re- lating to the application of rules of the Senate to the procedures relating to a joint resolution shall be decided without debate. (Pub. L. 94–163, title II, § 252, Dec. 22, 1975, 89 Stat. 894; Pub. L. 95–619, title VI, § 691(b)(2), Nov. 9, 1978, 92 Stat. 3288; Pub. L. 96–30, June 30, 1979, 93 Stat. 80; Pub. L. 96–94, Oct. 31, 1979, 93 Stat. 720; Pub. L. 96–133, §§ 1, 2, Nov. 30, 1979, 93 Stat. 1053; Pub. L. 97–5, Mar. 13, 1981, 95 Stat. 7; Pub. L. 97–50, Sept. 30, 1981, 95 Stat. 957; Pub. L. 97–163, Apr. 1, 1982, 96 Stat. 24; Pub. L. 97–190, June 1, 1982, 96 Stat. 106; Pub. L. 97–217, July 19, 1982, 96 Stat. 196; Pub. L. 97–229, § 2(a), (b)(2), Aug. 3, 1982, 96 Stat. 248; Pub. L. 98–239, Mar. 20, 1984, 98 Stat. 93; Pub. L. 99–58, title I, §§ 104(c)(2), (4), 105, July 2, 1985, 99 Stat. 105; Pub. L. 104–66, title I, § 1091(g), Dec. 21, 1995, 109 Stat. 722; Pub. L. 105–177, § 1(4), June 1, 1998, 112 Stat. 105.) Editorial Notes REFERENCES IN TEXT The Antitrust Civil Process Act, referred to in sub- sec. (e)(4), is Pub. L. 87–664, Sept. 19, 1962, 76 Stat. 548, which is classified principally to chapter 34 (§ 1311 et seq.) of Title 15. For complete classification of that Act to the Code, see Short Title note set out under section 1311 of Title 15 and Tables. The date of enactment of this chapter, referred to in subsec. (g), means the date of enactment of Pub. L. 94–163, which was approved Dec. 22, 1975. This chapter, referred to in subsec. (h)(2), was in the original ‘‘this Act’’, meaning Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871, known as the Energy Policy and Con- servation Act. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables. Section 252(f) and (j) of the Energy Policy and Con- servation Act, referred to in subsection (n)(3), is classi- fied to subsecs. (f) and (j) of this section. AMENDMENTS 1998—Subsecs. (a)(1), (b). Pub. L. 105–177, § 1(4)(A), sub- stituted ‘‘international emergency response provi- sions’’ for ‘‘allocation and information provisions of the international energy program’’. Subsec. (d)(3). Pub. L. 105–177, § 1(4)(B), substituted ‘‘circumstances known at the time of approval’’ for ‘‘known circumstances’’. Subsec. (e)(2). Pub. L. 105–177, § 1(4)(C), substituted ‘‘may’’ for ‘‘shall’’. Subsec. (f)(2). Pub. L. 105–177, § 1(4)(D), inserted ‘‘vol- untary agreement or’’ after ‘‘approved’’. Subsec. (h). Pub. L. 105–177, § 1(4)(E), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: ‘‘Upon the expiration of the 90-day period which begins on December 22, 1975, the provisions of sections 708 and 708A (other than 708A(o)) of the De- fense Production Act of 1950 shall not apply to any agreement or action undertaken for the purpose of de- veloping or carrying out (1) the international energy program, or (2) any allocation, price control, or similar program with respect to petroleum products under this chapter or under the Emergency Petroleum Allocation Act of 1973. For purposes of section 708(A)(o) of the De- fense Production Act of 1950, the effective date of the provisions of this chapter which relate to international voluntary agreements to carry out the International Page 6689 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 6273 Energy Program shall be deemed to be 90 days after De- cember 22, 1975.’’ Subsec. (k)(2). Pub. L. 105–177, § 1(4)(F), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘The term ‘allocation and information provisions of the international energy program’ means the provi- sions of the international energy program which relate to international allocation of petroleum products and to the information system provided in such program.’’ Subsec. (l). Pub. L. 105–177, § 1(4)(G), amended subsec. (l) generally. Prior to amendment, subsec. (l) read as follows: ‘‘The authority granted by this section shall apply only to the development or carrying out of vol- untary agreements and plans of action to implement chapters III, IV, and V of the international energy pro- gram.’’ 1995—Subsec. (i). Pub. L. 104–66 substituted ‘‘, at such intervals as are appropriate based on significant devel- opments and issues, reports’’ for ‘‘, at least once every 6 months, a report’’. 1985—Subsec. (d)(1). Pub. L. 99–58, § 104(c)(4), sub- stituted ‘‘subsection (f) or (j)’’ for ‘‘subsection (f) or (k)’’. Subsecs. (j) to (l). Pub. L. 99–58, § 104(c)(2), redesig- nated subsecs. (k) to (m) as (j) to (l). Former subsec. (j), which provided that the authority granted by this sec- tion would terminate at midnight, June 30, 1985, was struck out. Subsecs. (m), (n). Pub. L. 99–58, § 105, added subsecs. (m) and (n). Former subsec. (m) redesignated (l). 1984—Subsec. (j). Pub. L. 98–239 substituted ‘‘June 30, 1985’’ for ‘‘December 31, 1983’’. 1982—Subsec. (j). Pub. L. 97–229, § 2(a), substituted ‘‘at midnight December 31, 1983’’ for ‘‘August 1, 1982’’. Pub. L. 97–217 substituted ‘‘August 1, 1982’’ for ‘‘July 1, 1982’’. Pub. L. 97–190 substituted ‘‘July 1, 1982’’ for ‘‘June 1, 1982’’. Pub. L. 97–163 substituted ‘‘June 1, 1982’’ for ‘‘April 1, 1982’’. Subsec. (m). Pub. L. 97–229, § 2(b)(2), added subsec. (m). 1981—Subsec. (j). Pub. L. 97–50 substituted ‘‘April 1, 1982’’ for ‘‘September 30, 1981’’. Pub. L. 97–5 substituted ‘‘September 30, 1981’’ for ‘‘March 15, 1981’’. 1979—Subsec. (c)(4). Pub. L. 96–133, § 2, inserted provi- sions respecting access to transcripts. Subsec. (j). Pub. L. 96–133, § 1, substituted ‘‘March 15, 1981’’ for ‘‘November 30, 1979’’. Pub. L. 96–94 substituted ‘‘November 30’’ for ‘‘October 31’’. Pub. L. 96–30 substituted ‘‘October 31, 1979’’ for ‘‘June 30, 1979’’. 1978—Subsecs. (b), (c)(1)(A)(iii), (2), (3), (d)(1), (2), (e)(2). Pub. L. 95–619 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’, meaning Administrator of the Federal Energy Administration, wherever appearing. Statutory Notes and Related Subsidiaries STUDY AND REPORT ON ENERGY POLICY COOPERATION BETWEEN UNITED STATES AND OTHER WESTERN HEMI- SPHERE COUNTRIES Pub. L. 100–373, § 2, July 19, 1988, 102 Stat. 878, directed Secretary of Energy, in consultation with Secretary of State and Secretary of Commerce, to conduct a study to determine how best to enhance cooperation between United States and other countries of Western Hemi- sphere with respect to energy policy including stable supplies of, and stable prices for, energy, with Sec- retary of Energy to report results of such study to Con- gress, propose a comprehensive international energy policy for United States designed to enhance coopera- tion between United States and other countries of the Western Hemisphere, and recommend such action as Secretary deemed necessary to establish and imple- ment such policy. REPORT OF IMPLEMENTATION ACTIVITIES UNDER INTERNATIONAL VOLUNTARY AGREEMENTS Pub. L. 96–133, § 3, Nov. 30, 1979, 93 Stat. 1053, directed Secretary of Energy, in consultation with Secretary of State, Attorney General, and Chairman of Federal Trade Commission, to prepare and submit to appro- priate committees of Congress, a report concerning ac- tions taken by them to carry out provisions of this sec- tion, which report was to examine and discuss extent to which all, or part, of any meeting held in accordance with subsec. (c) of this section to carry out a voluntary agreement or to develop or carry out a plan of action should be open to interested persons in furtherance of provisions of subsec. (c)(1)(A) of this section, policies and procedures followed by appropriate Federal agen- cies in reviewing and making public or withholding from the public all, or part, of any transcript of any meeting held to develop or carry out a voluntary agree- ment or plan of action under this section and in per- mitting persons, other than citizens of United States, to review such transcripts prior to any public disclo- sure thereof, extent to which classification of all, or part, of such transcripts should be carried out by one agency, adequacy of actions by responsible Federal agencies in insuring that standards and procedures re- quired by this section are fully implemented and en- forced, including monitoring of program concerning any anticompetitive effects, and number of personnel, and amount of funds, assigned by each such agency to carry out such standards and procedures, actions taken, or to be taken, to improve reporting of energy supply data under international energy program and to reconcile such reporting with similar reporting that is conducted by Department of Energy, actions taken, or planned, to improve reporting required by subsec. (i) of this section, and other actions under subsec. (i) of this section and to transmit such report to such committees within 120 days after Nov. 30, 1979, and to make such re- port available to the public. Executive Documents CLASSIFICATION OF CERTAIN INFORMATION AND MATERIAL For provisions relating to the classification of cer- tain information and material obtained from advisory bodies created to implement the International Energy Program, see Ex. Ord. No. 11932, eff. Aug. 4, 1976, 41 F.R. 32691, set out as a note under section 3161 of Title 50, War and National Defense. § 6273. Advisory committees (a) Authority of Secretary to establish; applica- bility of section 17 of Federal Energy Admin- istration Act of 1974; chairman; inclusion of representatives of public; public meetings; notice of meeting to Attorney General and Federal Trade Commission; attendance and participation of their representatives To achieve the purposes of the international energy program with respect to international al- location of petroleum products and the informa- tion system provided in such program, the Sec- retary may provide for the establishment of such advisory committees as he determines are necessary. In addition to the requirements spec- ified in this section, such advisory committees shall be subject to the provisions of section 17 of the Federal Energy Administration Act of 1974 [15 U.S.C. 776] (whether or not such Act [15 U.S.C. 761 et seq.] or any of its provisions expire or terminate before June 30, 1985); shall be chaired by a regular full-time Federal employee; and shall include representatives of the public. The meetings of such committees shall be open