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46 U.S.C. § 46106 — Annual report and public disclosure

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 457 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Federal Maritime Commission must report to Congress by April 1 each year. The report must cover investigations, spending, foreign shipping practices, and any rejected petitions. The Commission must also publish carrier penalties and false-invoice findings on its website every year.

(a) In General. By April 1 each year, the Federal Maritime Commission must send Congress a report. It must include the results of the Commission's investigations, a summary of its transactions, what all its money was spent on, and any recommendations for new legislation.

(b) Report on Foreign Laws and Practices. The Commission's annual report to Congress must also include: (1) a list of the 20 foreign countries that shipped the most oceanborne liner cargo with the United States in the most recent calendar year; (2) an analysis of the trade conditions described in section 42302(a) that the Commission is investigating or has found in foreign countries; (3) any actions the Commission is taking to offset those conditions; (4) any recommendations for more legislation to offset those conditions; (5) a list of petitions filed under section 42302(b) that the Commission rejected, and why it rejected each one; (6) an analysis of how alliances between ocean common carriers affect competition for buying certain covered services, including a summary of actions — including corrective actions — the Commission has taken to protect that competition; and (7) an identification of concerning practices by ocean common carriers, especially "controlled carriers," that are (A) owned or controlled by a state, or (B) owned or controlled by, a subsidiary of, or otherwise financially or legally tied (beyond a minority stake) to a company based in a country that (i) was identified as a "nonmarket economy country" under the Tariff Act of 1930 as of when this paragraph became law, (ii) the U.S. Trade Representative's most recent report names as a "priority foreign country" under the Trade Act of 1974, or (iii) the U.S. Trade Representative is monitoring under the Trade Act of 1974.

(c) Definition of Certain Covered Services. In this section, "certain covered services" has the meaning given in section 40102. This section does not define that term itself.

(d) Public Disclosures. The Commission must publish on its website, and update every year: (1) every finding that a common carrier gave false detention or demurrage invoice information, under section 41104(a)(15); and (2) every penalty imposed or assessed against a common carrier under sections 41107, 41108, and 41109, listed by which carrier it applies to.

the actual law source: uscode.house.gov ↗public domain
(a)In General.—

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)Report on Foreign Laws and Practices.—

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 1 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)Definition of Certain Covered Services.—

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

(d)Public Disclosures.—

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 sections 41107, 41108, and 41109, listed by each common carrier.

Source credit: (Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1489, § 306; Pub. L. 115–282, title VII, § 703, Dec. 4, 2018, 132 Stat. 4294; renumbered § 46106, Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], § 8605(a)(3), Jan. 1, 2021, 134 Stat. 4765; Pub. L. 117–146, §§ 6, 14, June 16, 2022, 136 Stat. 1274, 1279; Pub. L. 118–159, div. C, title XXXV, § 3535(j)(1), Dec. 23, 2024, 138 Stat. 2315.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-304 · 120 Stat. 1489
  • 2018Amended · Pub. L. 115-282 · 132 Stat. 4294
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 4765
  • 2022Amended · Pub. L. 117-146 · 136 Stat. 1274, 1279
  • 2024Amended · Pub. L. 118-159 · 138 Stat. 2315

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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