42 U.S.C. § 6273: Advisory committees

Summary

The Secretary may create advisory committees to help carry out the international energy program for how petroleum is allocated and for the program’s information system. Those committees must follow section 17 of the Federal Energy Administration Act of 1974 (even if that Act or parts of it end before June 30, 1985). Each committee must have a full‑time federal employee as chair and include members who represent the public. Committee meetings must be open to the public. The Attorney General and the Federal Trade Commission must get advance notice of any meeting and may send a representative to attend and take part. A word‑for‑word transcript must be kept of each meeting and given to the Attorney General and the Federal Trade Commission. The transcript must be available to the public under section 552 of title 5, except only the specific withholding grounds in 552(b)(1), (b)(3), and the trade‑secret part of (b)(4) may be used, or as allowed by a presidential suspension. The President, after consulting the Secretary of State, the Federal Trade Commission, the Attorney General, and the Secretary, may suspend the listed legal requirements (sections 1009 and 1010 of title 5; subsections (b) and (c) of section 17 of the Federal Energy Administration Act of 1974; the rule that meetings be open; and the second sentence of subsection (b)) for a particular meeting if the President writes a detailed explanation showing the suspension is essential to the program, only relates to international allocation of petroleum and the information system, and concerns matters covered by section 552(b)(1) of title 5. That written finding must be published in the Federal Register before the suspension takes effect.

Title 42, §6273

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

(a)Authority of Secretary to establish; applicability of section 17 of Federal Energy Administration 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 allocation of petroleum products and the information system provided in such program, the Secretary may provide for the establishment of such advisory committees as he determines are necessary. In addition to the requirements specified 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 to the public. The Attorney General and the Federal Trade Commission shall have adequate advance notice of any meeting and may have an official representative attend and participate in any such meeting.

(b)Transcript of meetings

A verbatim transcript shall be kept of such advisory committee meetings, and shall be deposited with the Attorney General and the Federal Trade Commission. Such transcript shall be made available for public inspection and copying in accordance with section 552 of title 5, except that 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), and so much of (b)(4) as relates to trade secrets, or pursuant to a determination under subsection (c).

(c)Suspension of application of certain requirements by President

The President, after consultation with the Secretary of State, the Federal Trade Commission, the Attorney General, and the Secretary, may suspend the application of— (1)

(2)subsections (b) and (c) of section 17 of the Federal Energy Administration Act of 1974,

(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. Such determination by the President shall be in writing, shall set forth 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Energy Administration Act of 1974, referred to in subsec. (a), is Pub. L. 93–275, May 7, 1974, 88 Stat. 96, which is classified generally to chapter 16B (§ 761 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see

Short Title

note set out under section 761 of Title 15 and Tables. section 17 of the Federal Energy Administration Act of 1974, referred to in subsec. (c)(2), was classified to section 776 of Title 15, Commerce and Trade, prior to repeal by Pub. L. 105–28, § 2(b)(2), July 18, 1997, 111 Stat. 245.

Amendments

2022—Subsec. (c)(1). Pub. L. 117–286 substituted “section 1009 and 1010 of title 5,” for “section 10 and 11 of the Federal Advisory Committee Act,”. 1978—Subsecs. (a), (c). Pub. L. 95–619 substituted “Secretary” for “Administrator”, meaning Administrator of the Federal Energy Administration.

Statutory Notes and Related Subsidiaries

Termination of Advisory CommitteesAdvisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment unless in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the end of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.

Executive Documents

Classification of Certain Information and MaterialFor provisions relating to the classification of certain 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