Page:United States Statutes at Large Volume 94 Part 2.djvu/545

 PUBLIC LAW 96-425—OCT. 10, 1980

94 STAT. 1823

filing of the petition, except that such period may be extended by the Secretary for not to exceed an additional 30 days. If the Secretary fails to make a decision pursuant to this paragraph within the period for a decision in clause (i)— "(I) the petition shall be deemed to have been granted; and "(II) the Secretary, within 30 days after the end of such decision period, shall submit a written statement to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives setting forth the reasons for failing to decide within such decision period. "(E)(i) Any person adversely affected by a decision of the Secretary denying or granting an exemption pursuant to this paragraph may, not later than 30 days after publication of the notice of such decision, file a petition of review of such decision in the United States Court of Appeals for the District of Columbia. Such court shall have exclusive jurisdiction to review such decision, in accordance with section 706(2) (A) through (D) of title 5, of the United States Code, and to affirm, remand, or set aside the decision of the Secretary. "(ii) Any such proceeding shall be assigned for a hearing and completed at the earliest possible date and shall be expedited in every possible way by such court. The court shall render its decision in any such proceeding within 60 days after the date of filing the petition for review unless the court determines that a longer period of time is necessary to satisfy the requirements of the Constitution of the United States. "(iii) The judgment of the court affirming, remanding, or setting aside, in whole or in part, any such decision shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28 of the United States Code. Application therefor shall be made within 30 days after entry of such judgment. "(iv) Notwithstanding any other provision of law, a decision of the Secretary on an exemption pursuant to this paragraph shall not be subject to judicial or administrative review except as provided in this paragraph. "(F) Notwithstanding section 502(1), in the case of any model year for which an exemption under this subsection is effective for any manufacturer— "(i) no credit may be earned under section 502(1)(1)(B) by the manufacturer; and "(ii) no credit may be made available under section 502(1)(1)(C) for the manufacturer.". (2) Section 512 of such Act (15 U.S.C. 2012) is amended by adding at the end thereof the following new subsection: "(c)(1) After an exemption has been granted under section 503(b)(3), the Secretary and the Secretary of Labor shall annually conduct a joint examination of the extent to which the amendment made to section 5030t)) by section 4(a)(1) of the Automobile Fuel Efficiency Act of 1980— "(A) achieves the purposes of that Act and this title, including whether such amendment has promoted employment in the United States related to motor vehicle manufacturing, "(B) has not caused undue harm to the motor vehicle manufacturing sector in the United States, and "(C) has permitted any manufacturer that has assembled passenger automobiles which are considered domestically manufactured under section 503(b)(2)(E) to thereafter assemble in the

79-194 O—81—pt. 2

35: QU

Report to congressional committees.

Judicial review of exemption application decisions.

u s e prec. title 1. Review by Supreme Court.

15 USC 2002. Post, p. 1826.

Annual joint examination and report to Congress. 15 USC 2003.

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