Page:United States Statutes at Large Volume 102 Part 2.djvu/356

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 1360

Defense and national security.

PUBLIC LAW 100-418—AUG. 23, 1988 (2) PUBLIC HEARING AND COMMENT.—The Secretary of Commerce shall provide notice and a reasonable opportunity for public hearing and comment on the review conducted pursuant to this subsection. (3) CONSULTATIONS WITH OTHER AGENCIES.—The Secretary of Commerce shall consult with the Secretary of Defense, the Secretary of the Interior, and the Secretary of Transportation, in addition to the Secretary of Energy, in undertaking the review pursuant to this subsection. (4) FINDINGS, OPTIONS, AND RECOMMENDATIONS.—After taking

public comment and consulting with appropriate State and Federal officials, the Secretary of Commerce, in consultation with the Secretary of Energy, shall develop findings, options, and recommendations regarding the adequacy of existing statutory restrictions on the export of crude oil produced in the contiguous United States in protecting the energy and national security interests of the United States and American consumers. (5) CONSULTATIONS AND REPORT.—In carrying out this subsection, the Secretary of Commerce shall consult with the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on Energy and Natural Resources of the Senate. Not later than 12 months after the date of the enactmeilt of this Act, the Secretary shall transmit to each of those committees a report which contains the results of the review undertaken pursuant to this subsection and the findings, options, and recommendations developed under paragraph (4). SEC. 2425. PROCEDURES FOR LICENSE APPLICATIONS. (a) REVIEW OF LICENSE APPLICATIONS BY THE SECRETARY OF

DEFENSE.—Section 10(g) of the Act (50 U.S.C. App. 2409(g)) is amended— (1) in paragraph (2)(A) by inserting "and the Secretary" after "to the President"; (2) by inserting before the last sentence of paragraph (2) the following: "Whenever the Secretary of Defense makes a recommendation to the President pursuant to paragraph (2)(A), the Secretary shall also submit his recommendation to the President on the request to export if the Secretary differs with the Secretary of Defense."; (3) by adding at the end of paragraph (2) the following: "If the Secretary of Defense fails to make a recommendation or notification under this paragraph within the 20-day period specified in the third sentence, or if the President, within 20 days after receiving a recommendation from the Secretary of Defense with respect to an export, fails to notify the Secretary that he approves or disapproves the export, the Secretary shall approve or deny the request for a license or other authority to export without such recommendation or notification."; and (4) by striking paragraph (4). (b) REPORT BY SECRETARIES OF COMMERCE AND DEFENSE.—The

Secretary of Commerce and the Secretary of Defense shall each evaluate and, not later than 4 months after the date of the enactment of this Act, shall jointly prepare and submit a report to the