§ 46106. Annual report and public disclosure

• (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 1 1 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 sections 41107, 41108, and 41109, listed by each common carrier.