(2) TIMING.—The revocation of an exemption
under paragraph (1) shall apply only to conduct of
the health care joint venture occurring after the date
on which the Secretary revokes the exemption.
(e) RENEWAL OF EXEMPTIONS PROVIDING EXEMP-
TION FROM ANTITRUST LAWS.—Upon the request of an
entity participating in a health care joint venture for
which an exemption described in subsection (a)(1)(B) is
in effect, the Secretary, in concurrence with the Attorney
General may renew the exemption for an additional 5-year
period if the joint venture continues to meet the applicable
requirements for approval under subsection (b).
(f) WITHDRAWAL OF APPLICATION.—Any party that
submits an application under this section may withdraw
such application at any time before the Secretary’s and
the Attorney General’s response to the application.
SEC. 5. REQUIREMENTS RELATING TO NOTICE AND PUBLI-
CATION OF EXEMPTIONS AND RELATED IN-
FORMATION.
(a) PUBLICATION OF APPROVED APPLICATIONS FOR
EXEMPTIONS IN FEDERAL REGISTER.—
(1) IN GENERAL.—With respect to each exemp-
tion for a health care joint venture provided under
section 4(a), the Secretary (with the concurrence of
the Attorney General) shall—
(A) prepare a notice with respect to the
joint venture that identifies the parties to the
venture and that describes the planned activi-
ties of the venture;
(B) submit the notice to the entities par-
ticipating in the joint venture; and
(C) after submitting the notice to such en-
tities (but not later than 30 days after approv-
ing the application for the exemption for the
joint venture), publish the notice in the Federal
Register.
(2) EFFECT OF PUBLICATION.—An exemption
provided by the Secretary and the Attorney General
under section 4(a) shall take effect as of the date of
the publication in the Federal Register of the notice
with respect to the exemption pursuant to paragraph
(1).
(b) WAIVER OF DISCLOSURE REQUIREMENTS FOR
INFORMATION RELATING TO APPLICATIONS FOR EXEMP-
TIONS.—
(1) IN GENERAL.—All information and docu-
mentary material submitted as part of an applica-
tion of a health care joint venture for an exemption
under section 4(a), together with any other informa-
tion obtained by the Attorney General, the Sec-
retary, or the Advisory Committee in the course of
any investigation, administrative proceeding, or case
with respect to a potential violation of the antitrust
laws by the joint venture with respect to which the
exemption applies, shall be exempt from disclosure
under section 552 of title 5, United States Code,
and shall not be made publicly available by any
agency of the United States to which such section
applies, except as relevant to a law enforcement in-
vestigation or in a judicial or administrative proceed-
ing in which such information and material is sub-
ject to any protective order.
(2) EXCEPTION FOR INFORMATION INCLUDED
IN
FEDERAL
REGISTER
NOTICE.—Paragraph (1)
shall not apply with respect to information contained
in a notice published in the Federal Register pursu-
ant to subsection (a).
(c) USE OF INFORMATION TO SUPPORT OR ANSWER
CLAIMS UNDER ANTITRUST LAWS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the fact of disclosure of conduct under an
application for an exemption under section 4(a) and
the fact of publication of a notice in the Federal
Register under subsection (a) shall be admissible
into evidence in any judicial or administrative pro-