§6274 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary, after talking with the Attorney General, can give energy-industry information to the Secretary of State so it can be sent to the International Energy Agency. Before sending, geological or geophysical data, trade secrets, and commercial or financial information covered by 5 U.S.C. 552(b)(9) or (b)(4) must be combined or changed so people can’t be identified and so no one gets a competitive harm. During an international energy supply emergency, information about how petroleum products are being shared internationally can be sent. The President can also say the aggregation rule does not apply to non-geological business information if, after hearing interested persons, he certifies that the Agency has security rules that will keep the information from being disclosed. Within 90 days after December 22, 1975, and from time to time after that, the President must review whether other signatory countries are sharing data as required; if they are not, the special certification rule won’t apply until they do. Anyone who thinks they will be harmed by giving out information can petition the President to ask for protective changes. The President can stop any transmission that would harm competition, violate antitrust laws, or hurt national security. Information protected by another law cannot be sent unless the head of the agency that collected it agrees. The data-collection powers in sections 11 and 13 of the Energy Supply and Environmental Coordination Act and the Federal Energy Administration Act of 1974 remain in effect. The authority to send information is subject to other disclosure limits, except it may be used without regard to: section 11(d) of the Energy Supply and Environmental Coordination Act of 1974 [15 U.S.C. 796(d)]; section 14(b) of the Federal Energy Administration Act of 1974 [15 U.S.C. 773(b)]; section 12 of the Export Administration Act of 1979; section 9 of title 13; section 176a of title 15; and section 1905 of title 18.

Title 42, §6274

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)Except as provided in subsections (b) and (c), 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)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 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)For the purposes of carrying out the obligations of the United States under the international energy program, the authority to collect data granted by section 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)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 11 See References in Text note below. of the Export Administration Act of 1979;

(4)section 9 of title 13;

(5)section 176a of title 15; and

(6)section 1905 of title 18.

Notes & Related Subsidiaries

Editorial Notes

References in Text

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. section 12 of the Export Administration Act of 1979, referred to in subsec. (e)(3), was classified to section 4614 of Title 50, War and National Defense, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232.

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.

Statutory Notes and Related Subsidiaries

Effective Date

of 1979 AmendmentAmendment 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 Pub. L. 96–72, § 19(a), Sept. 29, 1979, 93 Stat. 535, which was classified to section 4621 of Title 50, War and National Defense, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232.

§6274 Exchange of information with International Energy Agency