19 U.S.C. § 4574 — Action by President with respect to affirmative determination

(a) In general. Within 30 days after receiving a Commission report with an affirmative determination under 19 U.S.C. § 4572, or a determination the President may treat as affirmative under 19 U.S.C. § 1330(d)(1), the President must, subject to subsection (b), issue an order to the Secretary of Transportation specifying the relief to be provided, consistent with subsection (c), and directing the relief to be carried out. The Secretary of Transportation must carry out that relief.

(b) Exception. The President need not provide relief if the President finds that it is not in the United States' national economic interest or would seriously harm United States national security.

(c) Nature of relief. (1) The President may authorize: (A)(i) for an investigation under § 4572(a)(1), denying or limiting a new Mexican request for a grant of authority^*; (ii) for that investigation, revoking or restricting grants issued to the investigated Mexican persons since the petition, request, or resolution; (B) for an investigation under § 4572(a)(2) or (3), revoking or limiting an existing grant held by the investigated Mexican persons; and (C) for an investigation under § 4572(a)(1), (2), or (3), capping the number of annual grants issued to Mexican persons. (2) Within 15 days after deciding the relief, the President must direct the Secretary to carry it out.

(d) Period of relief. (1) Subject to paragraph (2), relief may last no more than two years. (2)(A) After receiving an affirmative Commission determination, or one treatable as affirmative under § 1330(d)(1), the President may extend relief by up to four additional years if the President finds it remains necessary to remedy or prevent material harm^*. (B)(i) At the President's request, or on a timely petition by a qualifying interested party^*, the Commission must investigate whether relief remains necessary. The petition must be filed 270 to 240 days before the relief ends. (ii) The Commission must publish notice in the Federal Register and hold a public hearing within a reasonable time, allowing interested parties to attend, present evidence, respond to other parties' and consumers' presentations, and be heard. (iii) At least 60 days before relief ends, or on another date the President sets, the Commission must report its investigation and decision to the President. (C) Relief, including extensions, may not last more than six years total. (D)(i) Unless clause (ii) applies, the Commission may not investigate the same subject matter under subparagraph (B)(i) if less than one year has passed since its report on the prior investigation. (ii) That limit does not apply if the Commission finds good cause for the new investigation.

(e) Regulations. The Commission and the Secretary of Transportation may issue rules and regulations needed to carry out this part.