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

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

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Page 324 TITLE 46—SHIPPING § 46106 1 See References in Text note below. ly identify for each unfinished regulatory pro- ceeding— (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. (Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1489, § 305; renumbered § 46105 and amended Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], §§ 8603, 8605(a)(3), Jan. 1, 2021, 134 Stat. 4761, 4765.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 305 ............. 46 App.:1111(c) (re- lated to rules and regulations). June 29, 1936, ch. 858, title II, § 201(c) (related to rules and regulations), 49 Stat. 1986. 46 App.:1716. Pub. L. 98–237, § 17, Mar. 20, 1984, 98 Stat. 84. The words ‘‘to carry out its duties and powers’’ are substituted for ‘‘in regard to its procedure and the con- duct of its business’’ in 46 App. U.S.C. 1111(c) and ‘‘to carry out this chapter’’ in 46 App. U.S.C. 1716(a) for con- sistency in the revised title. The text of 46 App. U.S.C. 1716(b) is omitted as executed and obsolete. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 8605(a)(3), renumbered section 305 of this title as this section. Pub. L. 116–283, § 8603, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Statutory Notes and Related Subsidiaries TRANSPARENCY IN UNFINISHED REGULATORY PROCEEDINGS Pub. L. 115–282, title VII, § 712, Dec. 4, 2018, 132 Stat. 4298, provided that: ‘‘(a) IN GENERAL.—Beginning not later than 60 days after the date of enactment of this Act [Dec. 4, 2018], 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 bi- annual reports that describe the Commission’s progress toward addressing the issues raised in each unfinished regulatory proceeding, regardless of whether the pro- ceeding is subject to a statutory or regulatory dead- line. ‘‘(b) FORMAT OF REPORTS.—Each report under sub- section (a) shall, among other things, clearly identify for each unfinished regulatory proceeding— ‘‘(1) the popular title; ‘‘(2) the current stage of the proceeding; ‘‘(3) an abstract of the proceeding; ‘‘(4) what prompted the action in question; ‘‘(5) any applicable statutory, regulatory, or judi- cial deadline; ‘‘(6) the associated docket number; ‘‘(7) the date the rulemaking was initiated; ‘‘(8) a date for the next action; and ‘‘(9) if a date for next action identified in the pre- vious report is not met, the reason for the delay.’’ § 46106. Annual report and public disclosure (a) IN GENERAL.—Not later than April 1 of each year, the Federal Maritime Commission shall submit a report to Congress. The report shall in- clude the results of its investigations, a sum- mary of its transactions, the purposes for which all of its expenditures were made, and any rec- ommendations for legislation. (b) REPORT ON FOREIGN LAWS AND PRACTICES.— The Commission shall include in its annual re- port to Congress— (1) a list of the 20 foreign countries that gen- erated the largest volume of oceanborne liner cargo for the most recent calendar year in bi- lateral trade with the United States; (2) an analysis of conditions described in sec- tion 42302(a) of this title being investigated or found to exist in foreign countries; (3) any actions being taken by the Commis- sion to offset those conditions; (4) any recommendations for additional leg- islation to offset those conditions; (5) a list of petitions filed under section 42302(b) of this title that the Commission re- jected and the reasons for each rejection; (6) an analysis of the impacts on competi- tion for the purchase of certain covered serv- ices by alliances of ocean common carriers acting pursuant to an agreement under this part 1 between or among ocean common car- riers, including a summary of actions, includ- ing corrective actions, taken by the Commis- sion to promote such competition; and (7) an identification of any otherwise con- cerning practices by ocean common carriers, particularly such carriers that are controlled carriers, that are— (A) State-owned or State-controlled enter- prises; or (B) owned or controlled by, a subsidiary of, or otherwise related legally or financially (other than a minority relationship or in- vestment) to a corporation based in a coun- try— (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 sec- tion; 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 SERV- ICES.—In this section, the term ‘‘certain covered services’’ has the meaning given the term in sec- tion 40102. (d) PUBLIC DISCLOSURES.—The Federal Mari- time 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. Page 325 TITLE 46—SHIPPING § 46108 (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.) HISTORICAL AND REVISION NOTES Revised Section 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 Com- mission), 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 re- ceipts 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 renum- bered 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). § 46107. Expenditures (a) IN GENERAL.—The Federal Maritime Com- mission may make such expenditures as are nec- essary in the performance of its functions from funds appropriated or otherwise made available to it, which appropriations are authorized. (b) PROHIBITION.—Notwithstanding subsection (a), the Federal Maritime Commission may not expend any funds appropriated or otherwise made available to it to a non-Federal entity to issue an award, prize, commendation, or other honor that is not related to the purposes set forth in section 40101. (Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1490, § 307; Pub. L. 114–120, title IV, § 403, Feb. 8, 2016, 130 Stat. 67; renumbered § 46107, Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], § 8605(a)(3), Jan. 1, 2021, 134 Stat. 4765.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 307 ............. 46 App.:1111(d) (re- lated to Commis- sion). June 29, 1936, ch. 858, title II, § 201(d) (related to Commission), 49 Stat. 1986; Pub. L. 97–31, § 12(58)(B), Aug. 6, 1981, 95 Stat. 158. The words ‘‘by this chapter’’, ‘‘after June 29, 1936’’, and ‘‘further’’ are omitted as unnecessary. Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 renumbered section 307 of this title as this section. 2016—Pub. L. 114–120 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). § 46108. Authorization of appropriations There is authorized to be appropriated to the Federal Maritime Commission $32,869,000 for fis- cal year 2022, $38,260,000 for fiscal year 2023, $43,720,000 for fiscal year 2024, and $49,200,000 for fiscal year 2025 for the activities of the Commis- sion authorized under this chapter and subtitle IV. (Added Pub. L. 114–120, title IV, § 401(a), Feb. 8, 2016, 130 Stat. 67, § 308; amended Pub. L. 115–282, title VII, § 702, Dec. 4, 2018, 132 Stat. 4294; renum- bered § 46108 and amended Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], §§ 8602, 8605(a)(3), Jan. 1, 2021, 134 Stat. 4761, 4765; Pub. L. 117–146, § 26, June 16, 2022, 136 Stat. 1286.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–146 substituted ‘‘$32,869,000 for fiscal year 2022, $38,260,000 for fiscal year 2023, $43,720,000 for fiscal year 2024, and $49,200,000 for fiscal year 2025’’ for ‘‘$29,086,888 for fiscal year 2020 and $29,639,538 for fiscal year 2021’’. 2021—Pub. L. 116–283, § 8605(a)(3), renumbered section 308 of this title as this section. Pub. L. 116–283, § 8602, substituted ‘‘$29,086,888 for fis- cal year 2020 and $29,639,538 for fiscal year 2021’’ for ‘‘$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year 2019’’. 2018—Pub. L. 115–282 substituted ‘‘$28,012,310 for fiscal year 2018 and $28,544,543 for fiscal year 2019’’ for ‘‘$24,700,000 for each of fiscal years 2016 and 2017’’. Subtitle V—Merchant Marine PART A—GENERAL Chapter Sec. 501. Policy, Studies, and Reports ............ 50101 503. Administrative ..................................... 50301 504. Committees ........................................... 50401 505. Other General Provisions ................. 50501 PART B—MERCHANT MARINE SERVICE 511. General .................................................. 51101 513. United States Merchant Marine Academy ............................................. 51301 515. State Maritime Academy Support Program ............................................. 51501 517. Other Support for Merchant Ma- rine Training .................................... 51701 519. Merchant Marine Awards ................. 51901 521. Miscellaneous ....................................... 52101

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1677 — Definitions; special rules

For purposes of this subtitle— (1) **Administering authority** — The term “administering authority” means the Secretary of Commerce, or any other officer of the United States to whom the responsibility for carrying out the duties of the administering authority under this subtitle are transferred by law. (2) **Commission** — The term “Commission” means the United States International Trade Commission. (3) **Country** — The term “country” means a foreign country, a political subdivision, dependent territory, or possession of a foreign country, and, except for the purpose of antidumping proceedings, may include an association of 2 or more foreign countries, political subdivisions, dependent territories, or possessions of countries into a customs union outside the United States. (4) **Industry** (A) *In general* — The term “industry” means the producers as a whole of a domestic like product, or those producers whose collective output of a domestic like product constitutes a major proportion of the total domestic production of the product. (B) *Related parties* (i) If a producer of a domestic like product and an exporter or importer of the subject merchandise are related parties, or if a producer of the domestic like product is also an importer of the subject merchandise, the producer may, in appropriate circumstances, be excluded from the industry. (ii) For purposes of clause (i), a producer and an exporter or importer shall be considered to be related parties, if— (I) the producer directly or indirectly controls the exporter or importer, (II) the exporter or importer directly or indirectly controls the producer, (III) a third party directly or indirectly controls the producer and the exporter or importer, or (IV) the producer

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1677 — Definitions; special rules

Page 381 TITLE 19—CUSTOMS DUTIES § 1677 §§ 233(a)(5)(Z), (AA), 270(a)(1)(J), Dec. 8, 1994, 108 Stat. 4900, 4917.) Editorial Notes AMENDMENTS 1994—Subsec. (a)(1). Pub. L. 103–465, §§ 233(a)(5)(Z), 270(a)(1)(J), inserted ‘‘countervailable’’ before ‘‘sub- sidy’’ in two places and substituted ‘‘subject merchan- dise’’ for ‘‘merchandise subject to the agreement’’. Subsec. (b)(2). Pub. L. 103–465, § 233(a)(5)(AA), sub- stituted ‘‘subject merchandise’’ for ‘‘merchandise sub- ject to the order’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to in- vestigations, reviews, and inquiries initiated and peti- tions filed under specified provisions of this chapter after such date, see section 291 of Pub. L. 103–465, set out as a note under section 1671 of this title. EFFECTIVE DATE Section applicable with respect to investigations ini- tiated by petition or by the administering authority under parts I and II of this subtitle, or reviews begun under section 1675 of this title, on or after Oct. 30, 1984, see section 626(b)(1) of Pub. L. 98–573, as amended, set out as an Effective Date of 1984 Amendment note under section 1671 of this title. PART IV—GENERAL PROVISIONS Editorial Notes CODIFICATION The designation ‘‘PART IV’’ was in the original ‘‘Sub- title D’’ and was editorially changed in order to con- form the numbering format of this subtitle to the us- ages employed in the codification of the remainder of the Tariff Act of 1930 as originally enacted. § 1677. Definitions; special rules For purposes of this subtitle— (1) Administer

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2242 — Independent budget and authorization of appropriations

Effective with respect to the fiscal year beginning October 1, 1976, for purposes of chapter 11 of title 31, estimated expenditures and proposed appropriations for the United States International Trade Commission shall be transmitted to the President on or before October 15 of the year preceding the beginning of each fiscal year and shall be included by him in the Budget without revision, and the Commission shall not be considered to be a department or establishment for purposes of such chapter.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2242 — Identification of countries that deny ade-

Page 556 TITLE 19—CUSTOMS DUTIES § 2242 [amending this section and enacting provisions set out under this section] shall be construed to expand the duty of any person to collect or pay taxes beyond that which existed immediately before the date of the enact- ment of this Act [Oct. 21, 1998].’’ Pub. L. 105–277, div. C, title XII, § 1205, Oct. 21, 1998, 112 Stat. 2681–728, provided that: ‘‘Nothing in this title [amending this section and enacting provisions set out under this section] shall limit or otherwise affect the implementation of the Telecommunications Act of 1996 (Public Law 104–104) [see Short Title of 1996 Amend- ment note set out under section 609 of Title 47, Tele- communications] or the amendments made by such Act.’’ DECLARATION THAT THE INTERNET SHOULD BE FREE OF FOREIGN TARIFFS, TRADE BARRIERS, AND OTHER RE- STRICTIONS Pub. L. 105–277, div. C, title XII, § 1203, Oct. 21, 1998, 112 Stat. 2681–727, provided that: ‘‘(a) IN GENERAL.—It is the sense of Congress that the President should seek bilateral, regional, and multilat- eral agreements to remove barriers to global electronic commerce through the World Trade Organization, the Organization for Economic Cooperation and Develop- ment, the Trans-Atlantic Economic Partnership, the Asia Pacific Economic Cooperation forum, the Free Trade Area of the America, the North American Free Trade Agreement, and other appropriate venues. ‘‘(b) NEGOTIATING OBJECTIVES.—The negotiating ob- jectives of the United States shall be— ‘‘(1) to assure that electronic commerce is free from— ‘‘(A) tariff and nontariff barriers; ‘‘(B) burdensome and discriminatory regulation and standards; and ‘‘(C) discriminatory taxation; and ‘‘(2) to accelerate the growth of electronic com- merce by expanding market access o

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2416 — Determinations by Trade Representative

**(a) In general** (1) On the basis of the investigation initiated under [section 2412 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412&num=0&edition=prelim) and the consultations (and the proceedings, if applicable) under [section 2413 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2413&num=0&edition=prelim), the Trade Representative shall— (A) determine whether— (i) the rights to which the United States is entitled under any trade agreement are being denied, or (ii) any act, policy, or practice described in subsection (a)(1)(B) or (b)(1) of [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim) exists, and (B) if the determination made under subparagraph (A) is affirmative, determine what action, if any, the Trade Representative should take under subsection (a) or (b) of [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim). (2) The Trade Representative shall make the determinations required under paragraph (1) on or before— (A) in the case of an investigation involving a trade agreement, except an investigation initiated pursuant to [section 2412(b)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412/b/2/A&num=0&edition=prelim) involving rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights (referred to in [section 3511(d)(15) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/d/15&num=0&edition=prelim)) or the GATT 1994 (as defined in [section 3501(1)(B) of this title](https://usco

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2416 — Monitoring of foreign compliance

Page 668 TITLE 19—CUSTOMS DUTIES § 2416 1988—Pub. L. 100–418 amended section generally, sub- stituting provisions relating to implementation of ac- tions for provisions relating to requests for informa- tion. See section 2418 of this title. 1984—Subsec. (c). Pub. L. 98–573 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–418 applicable to petitions filed, and investigations initiated, under section 2412 of this title on or after Aug. 23, 1988, and petitions filed, and investigations initiated, before Aug. 23, 1988, if by such date no decision had been made under section 2414 of this title regarding the petition or investigation, see section 1301(c) of Pub. L. 100–418, set out as a note under section 2411 of this title. § 2416. Monitoring of foreign compliance (a) In general The Trade Representative shall monitor the implementation of each measure undertaken, or agreement that is entered into, by a foreign country to provide a satisfactory resolution of a matter subject to investigation under this sub- chapter or subject to dispute settlement pro- ceedings to enforce the rights of the United States under a trade agreement providing for such proceedings. (b) Action on the basis of monitoring (1) In general If, on the basis of the monitoring carried out under subsection (a), the Trade Representative considers that a foreign country is not satis- factorily implementing a measure or agree- ment referred to in subsection (a), the Trade Representative shall determine what further action the Trade Representative shall take under section 2411(a) of this title. For purposes of section 2411 of this title, any such deter- mination shall be treated as a determination made under section

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Federal law — U.S. Code and appendices · legal_authorities

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

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section42302/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section42302/b&num=0&edition=prelim) 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-co

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