19 USC 4574 - Action by President with respect to affirmative determination

U.S Code last checked for updates: Apr 29, 2024

§ 4574.

Action by President with respect to affirmative determination

(a)

In general

Not later than the date that is 30 days after the date on which the President receives a report of the Commission in which the Commission’s determination under section 4572 of this title is affirmative or which contains a determination that the President may treat as affirmative in accordance with section 1330(d)(1) of this title—

(1)

the President shall, 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; and

(2)

the Secretary of Transportation shall carry out such relief.

(b)

Exception

The President is not required to provide relief under this section if the President determines that provision of such relief—

(1)

is not in the national economic interest of the United States; or

(2)

would cause serious harm to the national security of the United States.

(c)

Nature of relief

(1)

In general

The relief the President is authorized to provide under this subsection is as follows:

(A)

(i)

With respect to a determination relating to an investigation under section 4572(a)(1) of this title, the denial or imposition of limitations on a request for a new grant of authority by the persons of Mexico that are the subject of the investigation.

(ii)

With respect to a determination relating to an investigation under section 4572(a)(1) of this title, the revocation of, or restrictions on, grants of authority issued to the persons of Mexico that are the subject of the investigation since the date of the petition, request, or resolution.

(B)

With respect to a determination relating to an investigation under section 4572(a)(2) or (3) of this title, the revocation or imposition of limitations on an existing grant of authority by the persons of Mexico that are the subject of the investigation.

(C)

With respect to a determination relating to an investigation under section 4572(a)(1), (2), or (3) of this title, a cap on the number of grants of authority issued to persons of Mexico annually.

(2)

Deadline for relief

(d)

Period of relief

(1)

In general

(2)

Extension

(A)

In general

(B)

Action by Commission

(i)

Investigation

(ii)

Notice and hearing

The Commission shall—

(I)

publish notice of the commencement of an investigation under clause (i) in the Federal Register; and

(II)

within a reasonable time thereafter, hold a public hearing at which the Commission shall afford interested parties an opportunity to be present, to present evidence, and to respond to the presentations of other parties and consumers, and otherwise be heard.

(iii)

Report

(C)

Period of relief

(D)

Limitation

(i)

In general

Except as provided in clause (ii), the Commission may not conduct an investigation under subparagraph (B)(i) if—

(I)

the subject matter of the investigation is the same as the subject matter of a previous investigation conducted under subparagraph (B)(i); and

(II)

less than 1 year has elapsed since the Commission made its report to the President of the results of such previous investigation.

(ii)

Exception

(e)

Regulations

(Pub. L. 116–113, title III, § 324, Jan. 29, 2020, 134 Stat. 58.)

cite as: 19 USC 4574