Page:United States Statutes at Large Volume 89.djvu/875

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PUBLIC LAW 94-000—MMMM. DD, 1975

PUBLIC LAW 94-152—DEC. 16, 1975

89 STAT. 815

shall determine the matter de novo, and may examine the contents of such transcripts, agreements, items, or other records in camera to determine whether such transcripts, agreements, items, or other records or any parts thereof shall be withheld under any of the exemption or suspension provisions referred to in this subsection, and the burden is on the Attorney General, the Federal Trade Commission, or such designated individual, as the case may be, to sustain its action. "SEC. 708A. (a) Except as specifically provided in subsection (j) 50 USC app. of this section and section 708(j) of this Act, no provision of this Act 2158a. shall be deemed to convey to any person any immunity from civil or criminal liability, or to create defenses to actions, under the antitrust laws. " (b) As used in this section— Definitions. "(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 agreement is required by chapters III and IV of such program, and (B) ending on a date on which he determines such allocation is no longer required. Such a period may not exceed ninety days, but the President may establish one or more additional periods by making the determination under clause (A) of the preceding sentence. Any determination respecting the Publication in beginning or end of any such period shall be published in the Federal Register. Federal Register. "(2) The term 'international agreement' means the Agreement on an International Energy Program, signed by the United States on November 18, 1974. "(3) The term 'Administrator' means the Administrator of the Federal Energy Administration. "(4) The term 'petroleum products' means— "(A) crude oil, "(B) natural gas liquids and other liquids produced in association with crude oil or natural gas, "(C) refined petroleum products, including but not limited to gasoline, kerosene, distillates, residual fuel oil, refined lubricating oil, and liquefied petroleum gases; and "(D) blending agents and additives used in conjunction with crude oil and refined petroleum products. "(c) The requirements of this section shall be the sole procedures applicable to the development or implementation of voluntary agreements or plans of action to accomplish the objectives of the international agreement with respect to international allocation of petroleum products and the information system provided in such agreement, and to the availability of immunity from the antitrust laws respecting the development or implementation of such voluntary agreements or plans of action. "(d)(1) To achieve the purposes of the international agreement Advisory with respect to international allocation of petroleum products and committees. the information system provided in such agreement, the Administrator 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 the Federal Advisory Committee Act and section 17 of the 5 USC app. I. Federal Energy Administration Act of 1974, whether or not such 15 USC 776. Acts or any provisions thereof expire or terminate during the term of this Act or of such committees, and, in all cases, such advisory com* mittees shall be chaired by a Federal employee (other than an individual employed pursuant to section 3109 of title 5, United States Code)