124 
(B) the employment, wages, hours of serv-
ice, and working conditions; and 
(2) with respect to a change in circumstances 
described in subsection (a)(3), take into account 
those operations by persons of Mexico under grants 
of authority in effect as of the date of entry into 
force of the USMCA are not causing material harm. 
(e) ASSISTANCE TO COMMISSION.— 
(1) IN GENERAL.—At the request of the Com-
mission, the Secretary of Homeland Security shall 
consult with the Commission and shall collect and 
maintain such additional data and other information 
on commercial motor vehicles entering or exiting the 
United States at a port of entry or exit at the 
United States border with Mexico as the Commis-
sion may request for the purpose of conducting in-
vestigations under subsection (a) and shall make 
such information available to the Commission in a 
timely manner. 
(2) REQUESTS FOR INFORMATION.— 
(A) IN GENERAL.—At the request of the 
Commission, the Secretary of Homeland Secu-
rity, the Secretary of Transportation, the Sec-
retary of Commerce, the Secretary of Labor, 
and the head of any other Federal agency shall 
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make available to the Commission any informa-
tion in their possession, including proprietary 
information, as the Commission may require in 
order to assist the Commission in making deter-
minations under subsection (a). 
(B) CONFIDENTIAL
BUSINESS
INFORMA-
TION.—The Commission shall treat any propri-
etary information obtained under subparagraph 
(A) as confidential business information in ac-
cordance with regulations adopted by the Com-
mission to carry out this subtitle. 
(f) LIMITED DISCLOSURE OF CONFIDENTIAL BUSI-
NESS INFORMATION UNDER PROTECTIVE ORDER.—The 
Commission shall promulgate regulations to provide access 
to confidential business information under protective order 
to authorized representatives of interested parties who are 
parties to an investigation under subsection (a). 
(g) DEADLINE FOR DETERMINATION.— 
(1) IN
GENERAL.—Not later than 120 days 
after the date on which an investigation is initiated 
under subsection (a) with respect to a petition, re-
quest, or resolution, the Commission shall make a 
determination with respect to the petition, request, 
or resolution. 
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126 
(2) EXCEPTION.—If, before the 100th day after 
an investigation is initiated under subsection (a), the 
Commission determines that the investigation is ex-
traordinarily complicated, the Commission shall 
make its determination with respect to the investiga-
tion not later than 150 days after the date referred 
to in paragraph (1). 
(h) APPLICABLE PROVISIONS.—For purposes of this 
subtitle, the provisions of paragraphs (1), (2), and (3) of 
section 330(d) of the Tariff Act of 1930 (19 U.S.C. 
1330(d)) shall be applied with respect to determinations 
and findings made under this section as if such determina-
tions and findings were made under section 202 of the 
Trade Act of 1974 (19 U.S.C. 2252). 
SEC. 323. COMMISSION RECOMMENDATIONS AND REPORT. 
(a) IN GENERAL.—If the Commission makes an af-
firmative determination under section 322, the Commis-
sion shall recommend the action that is necessary to ad-
dress the material harm or threat of material harm found. 
(b) LIMITATION.—Only those members of the Com-
mission who agreed to the affirmative determination under 
section 322 are eligible to vote on the recommendation re-
quired to be made under subsection (a). 
(c) REPORT.—Not later than the date that is 60 days 
after the date on which the determination is made under 
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section 322, the Commission shall submit to the President 
a report that includes— 
(1) the determination and an explanation of the 
basis for the determination; 
(2) if the determination is affirmative, rec-
ommendations for action and an explanation of the 
basis for the recommendation; and 
(3) any dissenting or separate views by mem-
bers of the Commission regarding the determination. 
(d) PUBLIC NOTICE.—Upon submitting a report to 
the President under subsection (c), the Commission 
shall— 
(1) promptly make public the report (with the 
exception of information which the Commission de-
termines to be confidential business information); 
and 
(2) publish a summary of the report in the Fed-
eral Register. 
SEC. 324. ACTION BY PRESIDENT WITH RESPECT TO AF-
FIRMATIVE 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 de-
termination under section 322 is affirmative or which con-
tains a determination that the President may treat as af-
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firmative in accordance with section 330(d)(1) of the Tar-
iff Act of 1930 (19 U.S.C. 1330(d)(1))— 
(1) the President shall, subject to subsection 
(b), issue an order to the Secretary of Transpor-
tation 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 deter-
mines 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 fol-
lows: 
(A)(i) With respect to a determination re-
lating 
to 
an 
investigation 
under 
section 
322(a)(1), the denial or imposition of limita-
tions on a request for a new grant of authority 
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by the persons of Mexico that are the subject 
of the investigation. 
(ii) With respect to a determination relat-
ing to an investigation under section 322(a)(1), 
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 relat-
ing to an investigation under section 322(a)(2) 
or (3), the revocation or imposition of limita-
tions on an existing grant of authority by the 
persons of Mexico that are the subject of the in-
vestigation. 
(C) With respect to a determination relat-
ing to an investigation under section 322(a)(1), 
(2), or (3), a cap on the number of grants of 
authority issued to persons of Mexico annually. 
(2) DEADLINE FOR RELIEF.—Not later than 15 
days after the date on which the President deter-
mines the relief to be provided under this subsection, 
the President shall direct the Secretary of Transpor-
tation to carry out the relief. 
(d) PERIOD OF RELIEF.— 
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