Page:United States Statutes at Large Volume 99 Part 1.djvu/161

 PUBLIC LAW 99-64—JULY 12, 1985

99 STAT. 139

"(7) The procedures and time limits set forth in this subsection with respect to a petition filed under this subsection shall take precedence over any review undertaken at the initiative of the Secretary with respect to the same subject as that of the petition. "(8) The Secretary may impose monitoring or controls, on a temporary basis, on the export of a metallic material after a petition is filed under paragraph (I)(A) with respect to that material but before the Secretary makes a determination under paragraph (3) with respect to that material only if— "(A) the failure to take such temporary action would result in irreparable harm to the entity filing the petition, or to the national economy or segment thereof, including a domestic industry, and "(B) the Secretary considers such action to be necessary to carry out the policy set forth in section 3(2)(C) of this Act. 50 USC app. "(9) The authority under this subsection shall not be construed to 2402. affect the authority of the Secretary under any other provision of this Act, except that if the Secretary determines, on the Secretary/^'s own initiative, to impose monitoring or controls, or both, on the export of metallic materials capable of being recycled, under the authority of this section, the Secretary shall publish the reasons for such action in accordance with paragraph (3)(A) and (B) of this subsection. "(10) Nothing contained in this subsection shall be construed to preclude submission on a confidential basis to the Secretary of information relevant to a decision to impose or remove monitoring or controls under the authority of this Act, or to preclude consideration of such information by the Secretary in reaching decisions required under this subsection. The provisions of this paragraph shall not be construed to affect the applicability of section 552(b) of title 5, United States Code.". SEC. 110. SHORT SUPPLY CONTROLS.

(a) DOMESTICALLY PRODUCED CRUDE OIL.—Section 7(d) (50 U.S.C. App. 2406(d)) is amended— (1) in paragraph (1) by striking out "unless" and all that follows through "met" and inserting in lieu thereof "subject to paragraph (2) of this subsection"; (2) in paragraph (2)(A) by striking out "makes and publishes" and inserting in lieu thereof "so recommends to the Congress after making and publishing"; (3) in paragraph (2)(B)— (A) by striking out "reports such findings" and inserting in lieu thereof "includes such findings in his recommendation"; and (B) by striking out "thereafter" and all that follows through the end of the sentence and inserting in lieu thereof "after receiving that recommendation, agrees to a joint resolution which approves such exports on the basis of those findings, and which is thereafter enacted into law."; and (4) by adding at the end the following: "(4) Notwithstanding the provisions of section 20 of this Act, the Post, p. 155. provisions of this subsection shall expire on September 30, 1990.". (b) REFINED PETROLEUM PRODUCTS.—Section 7(e)(1) is amended in the first sentence by striking out "No" and inserting in lieu thereof the following: "In any case in which the President determines that

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