§ 46106. Annual report and public disclosure

Statutory text

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.

Report on Foreign Laws and Practices.—

The Commission shall include in its annual report to Congress—

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;

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

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

any recommendations for additional legislation to offset those conditions;

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

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

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

State-owned or State-controlled enterprises; or

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—

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;

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

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

Definition of Certain Covered Services.—

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

Public Disclosures.—

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

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

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

Footnotes

1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2006
Pub. L. 109–304 § 4 · 120 Stat. 1485
Enacted · 46 U.S.C. § 46106
Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1489, § 306
Source evidence
Code source credit
Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1489, § 306
Enacted provision · exact public law section
SEC. 4. SUBTITLE I OF TITLE 46. Title 46, United States Code, is amended by inserting after the title analysis the following: “Subtitle I— General “Chapter “1. Definitions “3. Federal Maritime Commission “5. Other General Provisions “CHAPTER 1— DEFINITIONS “Sec. “101. Agency. “102. Barge. “103. Boundary Line. “104. Citizen of the United States. “105. Consular officer. “106. Documented vessel. “107. Exclusive economic zone. “108. Fisheries. “109. Foreign commerce or trade. “110. Foreign vessel. “111. Numbered vessel. “112. State. “113. Undocumented. “114. United States. “115. Vessel. “116. Vessel of the United States. “§ 101. Agency “In this title, the term ‘agency’ means a department, agency, or instrumentality of the United States Government. “§ 102. Barge “In this title, the term ‘barge’ means a non-self-propelled vessel. “§ 103. Boundary Line “In this title, the term ‘Boundary Line’ means a line established under section 2(b) of the Act of February 19, 1895 (33 U.S.C. 151). “§ 104. Citizen of the United States “In this title, the term ‘citizen of the United States’, when used in reference to a natural person, means an individual who is a national of the United States as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)). “§ 105. Consular officer “In this title, the term ‘consular officer’ means an officer or employee of the United States Government designated under regulations to issue visas. “§ 106. Documented vessel “In this title, the term ‘documented vessel’ means a vessel for which a certificate of documentation has been issued under chapter 121 of this title. “§ 107. Exclusive economic zone “In this title, the term ‘exclusive economic zone’ means the zone established by Presidential Proclamation 5030 of March 10, 1983 (16 U.S.C. 1453 note). “§ 108. Fisheries “In this title, the term ‘fisheries’ includes processing, storing, transporting (except in foreign commerce), planting, cultivating, catching, taking, or harvesting fish, shellfish, marine animals, pearls, shells, or marine vegetation in the navigable waters of the United States or in the exclusive economic zone. “§ 109. Foreign commerce or trade “(a) In General.— In this title, the terms ‘foreign commerce’ and ‘foreign trade’ mean commerce or trade between a place in the United States and a place in a foreign country. “(b) Capital Construction Funds and Construction-Differential Subsidies.— In the context of capital construction funds under chapter 535 of this title, and in the context of construction-differential subsidies under title V of the Merchant Marine Act, 1936, the terms ‘foreign commerce’ and ‘foreign trade’ also include, in the case of liquid and dry bulk cargo carrying services, trading between foreign ports in accordance with normal commercial bulk shipping practices in a manner that will permit bulk vessels of the United States to compete freely with foreign bulk vessels in their operation or competition for charters, subject to regulations prescribed by the Secretary of Transportation. “§ 110. Foreign vessel “In this title, the term ‘foreign vessel’ means a vessel of foreign registry or operated under the authority of a foreign country. “§ 111. Numbered vessel “In this title, the term ‘numbered vessel’ means a vessel for which a number has been issued under chapter 123 of this title. “§ 112. State “In this title, the term ‘State’ means a State of the United States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. “§ 113. Undocumented “In this title, the term ‘undocumented’ means not having and not required to have a certificate of documentation issued under chapter 121 of this title. “§ 114. United States “In this title, the term ‘United States’, when used in a geographic sense, means the States of the United States, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. “§ 115. Vessel “In this title, the term ‘vessel’ has the meaning given that term in section 3 of title 1. “§ 116. Vessel of the United States “In this title, the term ‘vessel of the United States’ means a vessel documented under chapter 121 of this title (or exempt from documentation under section 12102(c) of this title), numbered under chapter 123 of this title, or titled under the law of a State. “CHAPTER 3— FEDERAL MARITIME COMMISSION “Sec. “301. General organization. “302. Quorum. “303. Record of meetings and votes. “304. Delegation of authority. “305. Regulations. “306. Annual report. “307. Expenditures. “§ 301. General organization “(a) Organization.— The Federal Maritime Commission is an independent establishment of the United States Government. “(b) Commissioners.— “(1) Composition.— The Commission is composed of 5 Commissioners, appointed by the President by and with the advice and consent of the Senate. Not more than 3 Commissioners may be appointed from the same political party. “(2) Terms.— The term of each Commissioner is 5 years, with each term beginning one year apart. An individual appointed to fill a vacancy is appointed only for the unexpired term of the individual being succeeded. A vacancy shall be filled in the same manner as the original appointment. When the term of a Commissioner ends, the Commissioner may continue to serve until a successor is appointed and qualified. “(3) Removal.— The President may remove a Commissioner for inefficiency, neglect of duty, or malfeasance in office. “(c) Chairman.— “(1) Designation.— The President shall designate one of the Commissioners as Chairman. “(2) General authority.— The Chairman is the chief executive and administrative officer of the Commission. In carrying out the duties and powers of the Commission (other than under paragraph (3)), the Chairman is subject to the policies, regulatory decisions, findings, and determinations of the Commission. “(3) Particular duties.— “(A) In general.— The Chairman shall— “(i) appoint and supervise officers and employees of the Commission; “(ii) appoint the heads of major organizational units, but only after consultation with the other Commissioners; “(iii) distribute the business of the Commission among personnel and organizational units; “(iv) supervise the expenditure of money for administrative purposes; and “(v) assign Commission personnel, including Commissioners, to perform duties and powers delegated by the Commission under section 304 of this title. “(B) Nonapplication.— Subparagraph (A) (other than clause (v)) does not apply to personnel employed regularly and full-time in the offices of Commissioners other than the Chairman. “(4) Delegation.— The Chairman may designate officers and employees under the Chairman’s jurisdiction to perform duties and powers of the Chairman, subject to the Chairman’s supervision and direction. “(d) Seal.— The Commission shall have a seal which shall be judicially recognized. “§ 302. Quorum “A vacancy or vacancies in the membership of the Federal Maritime Commission do not impair the power of the Commission to execute its functions. The affirmative vote of a majority of the Commissioners serving on the Commission is required to dispose of any matter before the Commission. “§ 303. Record of meetings and votes “The Federal Maritime Commission, through its secretary, shall keep a record of its meetings and the votes taken on any action, order, contract, or financial transaction of the Commission. “§ 304. Delegation of authority “(a) Delegation.— The Federal Maritime Commission, by published order or regulation, may delegate to a division of the Commission, an individual Commissioner, an employee board, or an officer or employee of the Commission, any of its duties or powers, including those relating to hearing, determining, ordering, certifying, reporting, or otherwise acting on any matter. This subsection does not affect section 556(b) of title 5. “(b) Review.— The Commission may review any action taken under a delegation of authority under subsection (a). The review may be taken on the Commission’s own initiative or on the petition of a party to or an intervenor in the action, within the time and in the manner prescribed by the Commission. The vote of a majority of the Commission, less one member, is sufficient to bring an action before the Commission for review. “(c) Deemed Action of Commission.— If the Commission declines review, or if review is not sought, within the time prescribed under subsection (b), the action taken under the delegation of authority is deemed to be the action of the Commission. “§ 305. Regulations “The Federal Maritime Commission may prescribe regulations to carry out its duties and powers. “§ 306. Annual report “(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; and “(5) a list of petitions filed under section 42302(b) of this title that the Commission rejected and the reasons for each rejection. “§ 307. Expenditures “The Federal Maritime Commission may make such expenditures as are necessary in the performance of its functions from funds appropriated or otherwise made available to it, which appropriations are authorized. “CHAPTER 5— OTHER GENERAL PROVISIONS “Sec. “501. Waiver of navigation and vessel-inspection laws. “502. Cargo exempt from forfeiture. “503. Notice of seizure. “504. Remission of fees and penalties. “505. Penalty for violating regulation or order. “§ 501. Waiver of navigation and vessel-inspection laws “(a) On Request of Secretary of Defense.— On request of the Secretary of Defense, the head of an agency responsible for the administration of the navigation or vessel-inspection laws shall waive compliance with those laws to the extent the Secretary considers necessary in the interest of national defense. “(b) By Head of Agency.— When the head of an agency responsible for the administration of the navigation or vessel-inspection laws considers it necessary in the interest of national defense, the individual may waive compliance with those laws to the extent, in the manner, and on the terms the individual prescribes. “(c) Termination of Authority.— The authority granted by this section shall terminate at such time as the Congress by concurrent resolution or the President may designate. “§ 502. Cargo exempt from forfeiture “Cargo on a vessel is exempt from forfeiture under this title if— “(1) the cargo is owned in good faith by a person not the owner, master, or crewmember of the vessel; and “(2) the customs duties on the cargo have been paid or secured for payment as provided by law. “§ 503. Notice of seizure “When a forfeiture of a vessel or cargo accrues, the official of the United States Government required to give notice of the seizure of the vessel or cargo shall include in the notice, if they are known to that official, the name and the place of residence of the owner or consignee at the time of the seizure. “§ 504. Remission of fees and penalties “Any part of a fee, tax, or penalty paid or a forfeiture incurred under a law or regulation relating to vessels or seamen may be remitted if— “(1) application for the remission is made within one year after the date of the payment or forfeiture; and “(2) it is found that the fee, tax, penalty, or forfeiture was improperly or excessively imposed. “§ 505. Penalty for violating regulation or order “A person convicted of knowingly and willfully violating a regulation or order of the Federal Maritime Commission or the Secretary of Transportation under subtitle IV or V of this title, for which no penalty is expressly provided, shall be fined not more than $500. Each day of a continuing violation is a separate offense.” .
2018
Federal Maritime Commission Authorization Act of 2017
Pub. L. 115–282 § 703(1) · 132 Stat. 4192
Added · 46 U.S.C. § 46106(b)(6)
Pub. L. 115–282, § 703(1), added par. (6)
Source evidence
Code amendment note
Subsec. (b)(6). Pub. L. 115–282, § 703(1), added par. (6).
Enacted provision · exact public law section
(1) in subsection (b)— (A) in paragraph (4), by striking “; and” and inserting a semicolon; (B) in paragraph (5), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following: “(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 between or among ocean common carriers, including a summary of actions, including corrective actions, taken by the Commission to promote such competition.” ; and
2018
Federal Maritime Commission Authorization Act of 2017
Pub. L. 115–282 § 703(2) · 132 Stat. 4192
Added · 46 U.S.C. § 46106(c)
Pub. L. 115–282, § 703(2), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 115–282, § 703(2), added subsec. (c).
Enacted provision · exact public law section
(2) by adding at the end the following: “(c) Definition of Certain Covered Services.— In this section, the term ‘certain covered services’ has the meaning given the term in section 40102.” .
2021
Federal Maritime Commission Authorization Act of 2020
Pub. L. 116–283 div. G title LVXXXVI · 134 Stat. 3388
Changed · 46 U.S.C. § 46106
Pub. L. 116–283 renumbered section 306 of this title as this section
Source evidence
Code amendment note
Pub. L. 116–283 renumbered section 306 of this title as this section.
Enacted provision · exact public law
TITLE LVXXXVI— FEDERAL MARITIME COMMISSION SEC. 8601. SHORT TITLE. This title may be cited as the “Federal Maritime Commission Authorization Act of 2020”. SEC. 8602. AUTHORIZATION OF APPROPRIATIONS. Section 308 of title 46, United States Code, is amended by striking “$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year 2019” and inserting “$29,086,888 for fiscal year 2020 and $29,639,538 for fiscal year 2021”. SEC. 8603. UNFINISHED PROCEEDINGS. Section 305 of title 46, United States Code, is amended— (1) by striking “The Federal” and inserting “(a) In General.—The Federal”; and (2) by adding at the end the following: “(b) Transparency.— “(1) In general.— In conjunction with the transmittal by the President to the Congress of the Budget of the United States for fiscal year 2021 and biennially thereafter, the Federal Maritime Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives reports that describe the Commission’s progress toward addressing the issues raised in each unfinished regulatory proceeding, regardless of whether the proceeding is subject to a statutory or regulatory deadline. “(2) Format of reports.— Each report under paragraph (1) shall, among other things, clearly identify for each unfinished regulatory proceeding— “(A) the popular title; “(B) the current stage of the proceeding; “(C) an abstract of the proceeding; “(D) what prompted the action in question; “(E) any applicable statutory, regulatory, or judicial deadline; “(F) the associated docket number; “(G) the date the rulemaking was initiated; “(H) a date for the next action; and “(I) if a date for the next action identified in the previous report is not met, the reason for the delay.” . SEC. 8604. NATIONAL SHIPPER ADVISORY COMMITTEE. (a) In General.— Part B of subtitle IV of title 46, United States Code, is amended by adding at the end the following: “CHAPTER 425— NATIONAL SHIPPER ADVISORY COMMITTEE “42501. Definitions. “42502. National Shipper Advisory Committee. “42503. Administration. “§ 42501. Definitions “In this chapter: “(1) Commission.— The term ‘Commission’ means the Federal Maritime Commission. “(2) Committee.— The term ‘Committee’ means the National Shipper Advisory Committee established under section 42502. “§ 42502. National Shipper Advisory Committee “(a) Establishment.— There is established a National Shipper Advisory Committee. “(b) Function.— The Committee shall advise the Federal Maritime Commission on policies relating to the competitiveness, reliability, integrity, and fairness of the international ocean freight delivery system. “(c) Membership.— “(1) In general.— The Committee shall consist of 24 members appointed by the Commission in accordance with this section. “(2) Expertise.— Each member of the Committee shall have particular expertise, knowledge, and experience in matters relating to the function of the Committee. “(3) Representation.— REPRESENTATION.—Members of the Committee shall be appointed as follows: — “(A) Twelve members shall represent entities who import cargo to the United States using ocean common carriers. “(B) Twelve members shall represent entities who export cargo from the United States using ocean common carriers. “§ 42503. Administration “(a) Meetings.— The Committee shall, not less than once each year, meet at the call of the Commission or a majority of the members of the Committee. “(b) Employee Status.— A member of the Committee shall not be considered an employee of the Federal Government by reason of service on such Committee, except for the purposes of the following: “(1) Chapter 81 of title 5. “(2) Chapter 171 of title 28 and any other Federal law relating to tort liability. “(c) Volunteer Services and Compensation.— “(1) Notwithstanding any other provision of law, a member of the Committee may serve on such committee on a voluntary basis without pay. “(2) No member of the Committee shall receive compensation for service on the Committee. “(d) Status of Members.— “(1) In general.— Except as provided in paragraph (2), with respect to a member of the Committee whom the Commission appoints to represent an entity or group— “(A) the member is authorized to represent the interests of the applicable entity or group; and “(B) requirements under Federal law that would interfere with such representation and that apply to a special Government employee (as defined in section 202(a) of title 18), including requirements relating to employee conduct, political activities, ethics, conflicts of interest, and corruption, do not apply to the member. “(2) Exception.— Notwithstanding subsection (b), a member of the Committee shall be treated as a special Government employee for purposes of the committee service of the member if the member, without regard to service on the Committee, is a special Government employee. “(e) Service on Committee.— “(1) Solicitation of nominations.— Before appointing an individual as a member of the Committee, the Commission shall publish a timely notice in the Federal Register soliciting nominations for membership on such Committee. “(2) Appointments.— “(A) In general.— After considering nominations received pursuant to a notice published under paragraph (1), the Commission may appoint a member to the Committee. “(B) Prohibition.— The Commission shall not seek, consider, or otherwise use information concerning the political affiliation of a nominee in making an appointment to the Committee. “(3) Service at pleasure of commission.— Each member of the Committee shall serve at the pleasure of the Commission. “(4) Security background examinations.— The Commission may require an individual to have passed an appropriate security background examination before appointment to the Committee. “(5) Prohibition.— A Federal employee may not be appointed as a member of the Committee. “(6) Terms.— “(A) In general.— The term of each member of the Committee shall expire on December 31 of the third full year after the effective date of the appointment. “(B) Continued service after term.— When the term of a member of the Committee ends, the member, for a period not to exceed 1 year, may continue to serve as a member until a successor is appointed. “(7) Vacancies.— A vacancy on the Committee shall be filled in the same manner as the original appointment. “(8) Special rule for reappointments.— Notwithstanding paragraphs (1) and (2), the Commission may reappoint a member of a committee for any term, other than the first term of the member, without soliciting, receiving, or considering nominations for such appointment. “(f) Staff Services.— The Commission shall furnish to the Committee any staff and services considered by the Commission to be necessary for the conduct of the Committee’s functions. “(g) Chair; Vice Chair.— “(1) In general.— The Committee shall elect a Chair and Vice Chair from among the committee’s members. “(2) Vice chairman acting as chairman.— The Vice Chair shall act as Chair in the absence or incapacity of, or in the event of a vacancy in the office of, the Chair. “(h) Subcommittees and Working Groups.— “(1) In general.— The Chair of the Committee may establish and disestablish subcommittees and working groups for any purpose consistent with the function of the Committee. “(2) Participants.— Subject to conditions imposed by the Chair, members of the Committee may be assigned to subcommittees and working groups established under paragraph (1). “(i) Consultation, Advice, Reports, and Recommendations.— “(1) Consultation.— Before taking any significant action, the Commission shall consult with, and consider the information, advice, and recommendations of, the Committee if the function of the Committee is to advise the Commission on matters related to the significant action. “(2) Advice, reports, and recommendations.— The Committee shall submit, in writing, to the Commission its advice, reports, and recommendations, in a form and at a frequency determined appropriate by the Committee. “(3) Explanation of actions taken.— Not later than 60 days after the date on which the Commission receives recommendations from the Committee under paragraph (2), the Commission shall— “(A) publish the recommendations on a public website; and “(B) respond, in writing, to the Committee regarding the recommendations, including by providing an explanation of actions taken regarding the recommendations. “(4) Submission to congress.— The Commission shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the advice, reports, and recommendations received from the Committee under paragraph (2). “(j) Observers.— The Commission may designate a representative to— “(1) attend any meeting of the Committee; and “(2) participate as an observer at such meeting. “(k) Termination.— The Committee shall terminate on September 30, 2029.” . (b) No Additional Funds Authorized.— No funds in addition to the funds authorized in section 308 of title 46, United States Code, are authorized to carry out this title or the amendments made by this section. (c) Clerical Amendment.— The analysis for subtitle IV of title 46, United States Code, 46 USC prec. 40101. is amended by inserting after the item related to chapter 423 the following: “Chapter 425— National Shipper Advisory Committee”. SEC. 8605. TRANSFER OF FEDERAL MARITIME COMMISSION PROVISIONS. (a) Transfer.— (1) Subtitle IV of title 46, United States Code, is amended by adding at the end the following: “PART D— FEDERAL MARITIME COMMISSION “CHAPTER 461— FEDERAL MARITIME COMMISSION” . (2) Chapter 3 of title 46, United States Code, is redesignated as chapter 461 of part D of subtitle IV of such title and transferred to appear in such part. (3) Sections 301 through 308 of such title are redesignated as sections 46101 through 46108, respectively, of such title. (b) Conforming Amendments.— (1) Section 46101(c)(3)(A)(v) of title 46, United States Code, as so redesignated, is amended by striking “304” and inserting “46104”. (2) section 322(b) of the Coast Guard Personnel and Maritime Safety Act of 2002 (31 U.S.C. 1113 note) is amended by striking “208 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1118)” and inserting “46106(a) of title 46, United States Code”. (3) Section 1031(23) of the National Defense Authorization Act for Fiscal Year 2000 (31 U.S.C. 1113 note) is amended by striking “208, 901(b)(2), and 1211 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1118, 1241(b)(2), 1291)” and inserting “44106(a) and 55305(d) of title 46, United States Code”. (4) The analysis for subtitle I of title 46, United States Code, is 46 USC prec. 101. amended by striking the item relating to chapter 3. (5) The analysis for subtitle IV of such title is 46 USC prec. 40101. amended by adding at the end the following: “Part D— Federal Maritime Commission “461. Federal Maritime Commission (6) The analysis for chapter 461 of part D of subtitle IV of such title, as so redesignated, is 46 USC prec. 46101. amended to read as follows: “Sec. “46101. General organization. “46102. Quorum. “46103. Meetings. “46104. Delegation of authority. “46105. Regulations. “46106. Annual report. “46107. Expenditures. “46108. Authorization of appropriations.”. (c) Technical Correction.— Section 46103(c)(3) of title 46, United States Code, as so redesignated, is amended by striking “555b(c)” and inserting “552b(c)”.
2022
Ocean Shipping Reform Act of 2022
Pub. L. 117–146 § 14 · 136 Stat. 1272
Added · 46 U.S.C. § 46106(b)(7)
Pub. L. 117–146, § 14, added par. (7)
Source evidence
Code amendment note
Subsec. (b)(7). Pub. L. 117–146, § 14, added par. (7).
Enacted provision · exact public law section
SEC. 14. ANNUAL REPORT TO CONGRESS. Section 46106(b) of title 46, United States Code, is amended— (1) in paragraph (5), by striking “and” at the end; (2) in paragraph (6), by striking the period and inserting “; and”; and (3) by adding at the end the following: “(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).” .
2022
Ocean Shipping Reform Act of 2022
Pub. L. 117–146 § 6 · 136 Stat. 1272
Added · 46 U.S.C. § 46106(d)
Pub. L. 117–146, § 6, added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 117–146, § 6, added subsec. (d).
Enacted provision · exact public law section
SEC. 6. PUBLIC DISCLOSURE. Section 46106 of title 46, United States Code, is amended by adding at the end the following: “(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 Web posting. “(2) all penalties imposed or assessed against common carriers, as applicable, under sections 41107, 41108, and 41109, listed by each common carrier.” .
2024
Pub. L. 118–159 div. C title XXXV § 3535(j)(1) · 138 Stat. 2315
Inserted · 46 U.S.C. § 46106
Pub. L. 118–159 inserted “and public disclosure” after “report” in section catchline
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Pub. L. 118–159 inserted “and public disclosure” after “report” in section catchline.

5 of 7 references resolved to an enrolled provision · 1 partial · 1 unresolved

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	Source (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.

Amendments2018–2024 · 4 rounds