PUBLIC LAW 109–304—OCT. 6, 2006
120 STAT. 1553
to it in response to a request under this section, or otherwise, shall not be disclosed to the public. ‘‘§ 42304. Action against foreign carriers ‘‘(a) IN GENERAL.—Subject to section 42306 of this title, whenever the Federal Maritime Commission, after notice and opportunity for comment or hearing, determines that the conditions specified in section 42302(a) of this title exist, the Commission shall take such action to offset those conditions as it considers necessary and appropriate against any foreign carrier that is a contributing cause, or whose government is a contributing cause, to those conditions. The action may include— ‘‘(1) limitations on voyages to and from United States ports or on the amount or type of cargo carried; ‘‘(2) suspension, in whole or in part, of any or all tariffs and service contracts, including an ocean common carrier’s right to use any or all tariffs and service contracts of conferences in United States trades of which it is a member for any period the Commission specifies; ‘‘(3) suspension, in whole or in part, of an ocean common carrier’s right to operate under any agreement filed with the Commission, including any agreement authorizing preferential treatment at terminals, preferential terminal leases, space chartering, or pooling of cargo or revenue with other ocean common carriers; and ‘‘(4) a fee not to exceed $1,000,000 per voyage. ‘‘(b) CONSULTATION.—The Commission may consult with, seek the cooperation of, or make recommendations to other appropriate agencies of the United States Government prior to taking any action under subsection (a). ‘‘§ 42305. Refusal of clearance and entry ‘‘Subject to section 42306 of this title, whenever the Federal Maritime Commission determines that the conditions specified in section 42302(a) of this title exist, then at the request of the Commission— ‘‘(1) the Secretary of Homeland Security shall refuse the clearance required by section 60105 of this title to a vessel of a foreign carrier that is identified by the Commission under section 42304 of this title; and ‘‘(2) the Secretary of the department in which the Coast Guard is operating shall— ‘‘(A) deny entry, for purposes of oceanborne trade, of a vessel of a foreign carrier that is identified by the Commission under section 42304 of this title, to a port or place in the United States or the navigable waters of the United States; or ‘‘(B) detain the vessel at the port or place in the United States from which it is about to depart for another port or place in the United States. ‘‘§ 42306. Submission of determinations to President ‘‘Before a determination under section 42304 of this title becomes effective or a request is made under section 42305 of this title, the determination shall be submitted immediately to the President. The President, within 10 days after receiving it, may disapprove it in writing, setting forth the reasons for the
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