HR 6865 RFS
SEC. 406. NATIONAL SHIPPER ADVISORY COMMITTEE. 
(a) NATIONAL SHIPPER ADVISORY COMMITTEE.— 
Section 42502(c)(3) of title 46, United States Code, is 
amended by inserting ‘‘, including customs brokers or 
freight forwarders’’ after ‘‘ocean common carriers’’ each 
place such term occurs. 
(b) ANALYSIS.—The analysis for chapter 425 of title 
46, United States Code, is amended by inserting before 
the item relating to section 42501 the following: 
‘‘Sec.’’. 
SEC. 407. ANNUAL REPORT AND PUBLIC DISCLOSURES. 
(a) REPORT ON FOREIGN LAWS AND PRACTICES.— 
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)— 
(A) by striking ‘‘under this part’’ and in-
serting ‘‘under chapter 403’’; and 
(B) by striking the period and inserting a 
semicolon; and 
(3) by adding at the end the following: 
‘‘(7) an identification of any anticompetitive or 
nonreciprocal trade practices by ocean common car-
riers; 
VerDate Sep 11 2014 
05:07 Mar 31, 2022
Jkt 029200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H6865.RFS
H6865
kjohnson on DSK79L0C42PROD with BILLS
HR 6865 RFS
‘‘(8) an analysis of any trade imbalance result-
ing from the business practices of ocean common 
carriers, including an analysis of the data collected 
under section 41110; and 
‘‘(9) an identification of any otherwise con-
cerning practices by ocean common carriers, particu-
larly such carriers that are— 
‘‘(A) State-owned or State-controlled enter-
prises; or 
‘‘(B) owned or controlled by, is a sub-
sidiary of, or is otherwise related legally or fi-
nancially (other than a minority relationship or 
investment) to a corporation based in a coun-
try— 
‘‘(i) identified as a nonmarket econ-
omy country (as defined in section 771(18) 
of the Tariff Act of ( 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 
VerDate Sep 11 2014 
05:07 Mar 31, 2022
Jkt 029200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H6865.RFS
H6865
kjohnson on DSK79L0C42PROD with BILLS
HR 6865 RFS
‘‘(iii) subject to monitoring by the 
Trade Representative under section 306 of 
the Trade Act of 1974 (19 U.S.C. 2416).’’. 
(b) PUBLIC DISCLOSURE.— 
(1) IN GENERAL.—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 
certifications by common carriers or marine terminal 
operators under section 41104(a)(15); and 
‘‘(2) all penalties imposed or assessed against 
common carriers or marine terminal operators, as 
applicable, under sections 41107, 41108, and 41109, 
listed by each common carrier or marine terminal 
operator.’’. 
(2) CONFORMING
AND
CLERICAL
AMEND-
MENTS.— 
(A) 
CONFORMING
AMENDMENT.—The 
heading for section 46106 of title 46, United 
States Code, is amended by inserting ‘‘and 
public disclosure’’ after ‘‘report’’. 
VerDate Sep 11 2014 
05:07 Mar 31, 2022
Jkt 029200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H6865.RFS
H6865
kjohnson on DSK79L0C42PROD with BILLS