§46106 — Title 46 Shipping | U.S. Code

Summary

The Federal Maritime Commission must send a report to Congress by April 1 each year. The report must give the results of its investigations, a short summary of its transactions, why it spent its money, and any suggestions for new laws. It must also include a list of the 20 foreign countries that sent the most ocean liner cargo to the United States last year; an analysis of problems tied to section 42302(a) that are being looked at or found abroad; what the Commission is doing and what laws it recommends to address those problems; a list of petitions it rejected under section 42302(b) with reasons; an analysis of how alliances affect competition for the purchase of certain covered services (see section 40102) and actions taken to protect competition; and any worrying practices by carriers that are state-owned/state-controlled or tied to companies in countries identified as nonmarket economies (Tariff Act sec. 771(18), 19 U.S.C. 1677(18)), USTR priority foreign countries (Trade Act sec. 182, 19 U.S.C. 2242), or countries under USTR monitoring (Trade Act sec. 306, 19 U.S.C. 2416). The Commission must also post and update every year on its website any findings that common carriers submitted false detention or demurrage invoices under section 41104(a)(15), and list penalties imposed or assessed under sections 41107, 41108, and 41109 for each common carrier.

Title 46, §46106

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(a)Not later than April 1 of each year, the Federal Maritime Commission shall submit a report to Congress. The report shall include the results of its investigations, a summary of its transactions, the purposes for which all of its expenditures were made, and any recommendations for legislation.

(b)The Commission shall include in its annual report to Congress—

(1)a list of the 20 foreign countries that generated the largest volume of oceanborne liner cargo for the most recent calendar year in bilateral trade with the United States;

(2)an analysis of conditions described in section 42302(a) of this title being investigated or found to exist in foreign countries;

(3)any actions being taken by the Commission to offset those conditions;

(4)any recommendations for additional legislation to offset those conditions;

(5)a list of petitions filed under section 42302(b) of this title that the Commission rejected and the reasons for each rejection;

(6)an analysis of the impacts on competition for the purchase of certain covered services by alliances of ocean common carriers acting pursuant to an agreement under this part 11 See References in Text note below. between or among ocean common carriers, including a summary of actions, including corrective actions, taken by the Commission to promote such competition; and

(7)an identification of any otherwise concerning practices by ocean common carriers, particularly such carriers that are controlled carriers, that are—

(A)State-owned or State-controlled enterprises; or

(B)owned or controlled by, a subsidiary of, or otherwise related legally or financially (other than a minority relationship or investment) to a corporation based in a country—

(i)identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this paragraph;

(ii)identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority foreign country under subsection (a)(2) of that section; or

(iii)subject to monitoring by the United States Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).

(c)In this section, the term “certain covered services” has the meaning given the term in section 40102.

(d)The Federal Maritime Commission shall publish, and annually update, on the website of the Commission—

(1)all findings by the Commission of false detention and demurrage invoice information by common carriers under section 41104(a)(15) of this title; and

(2)all penalties imposed or assessed against common carriers, as applicable, under section 41107, 41108, and 41109, listed by each common carrier.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 306(a)46 App.:1118 (related to Commission).June 29, 1936, ch. 858, title II, § 208 (related to Commission), 49 Stat. 1988; Pub. L. 94–273, § 36, Apr. 21, 1976, 90 Stat. 380; Pub. L. 97–31, § 12(65), Aug. 6, 1981, 95 Stat. 159. 306(b)46 App.:1710a(g).Pub. L. 100–418, title X, § 10002(g), Aug. 23, 1988, 102 Stat. 1572. In subsection (a), the words “a statement of all receipts under this chapter” are omitted as inapplicable to the Commission.

Editorial Notes

References in Text

The reference to “this part”, referred to in subsec. (b)(6), was added when this section was numbered as section 306 of this title and was in subtitle I, which does not contain parts. After section 306 was renumbered as this section, it was transferred into part D of subtitle IV, but it is unclear whether the reference to “this part” was intended to take on the reference to such part D upon the transfer. The date of enactment of this paragraph, referred to in subsec. (b)(7)(B)(i), is the date of enactment of Pub. L. 117–146, which was approved June 16, 2022.

Amendments

2024—Pub. L. 118–159 inserted “and public disclosure” after “report” in section catchline. 2022—Subsec. (b)(7). Pub. L. 117–146, § 14, added par. (7). Subsec. (d). Pub. L. 117–146, § 6, added subsec. (d). 2021—Pub. L. 116–283 renumbered section 306 of this title as this section. 2018—Subsec. (b)(6). Pub. L. 115–282, § 703(1), added par. (6). Subsec. (c). Pub. L. 115–282, § 703(2), added subsec. (c).

§46106 Annual Report and Public Disclosure