Federal Maritime Commission Reauthorization Act of 2025
This bill reauthorizes the Federal Maritime Commission through FY2029 and expands the commission’s authority to regulate anticompetitive practices within the international ocean transportation system.
Specifically, the bill expands the definition of controlled carrier (a category of carriers that are subject to additional regulatory oversight) to include carriers legally or financially related to a corporation based or headquartered in, or otherwise significantly linked to, a nonmarket economy country or a country subject to monitoring by the Office of the U.S. Trade Representative.
Additionally, the bill requires the commission to accept and investigate complaints concerning alleged anticompetitive practices by registered shipping exchanges. (A shipping exchange is a data platform that enables businesses shipping goods to connect with carriers to transport those goods.) The bill also requires the commission to report annually on anticompetitive and nonreciprocal trade practices by controlled carriers or marine terminal operators.
Further, the bill establishes a National Port Advisory Committee and a National Ocean Carrier Advisory Committee. The committees, together with the existing National Shipper Advisory Committee, are charged with advising the commission on policies relating to competitiveness, reliability, and efficiency in the international ocean freight delivery system.
Finally, the bill prohibits the commission from releasing information and documents developed pursuant to an enforcement investigation unless the commission determines that they are relevant to an administrative or judicial proceeding and agrees to release them by a majority vote.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4183 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 4183
To authorize appropriations for the Federal Maritime Commission for
fiscal years 2026 through 2029, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 26, 2025
Mr. Johnson of South Dakota (for himself, Mr. Garamendi, Mr. Ezell, and
Mr. Carbajal) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To authorize appropriations for the Federal Maritime Commission for
fiscal years 2026 through 2029, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Maritime Commission
Reauthorization Act of 2025''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Authorization of appropriations.
Sec. 4. Purposes.
Sec. 5. Definitions.
Sec. 6. Complaints against shipping exchanges.
Sec. 7. Repeal.
Sec. 8. Data collection.
Sec. 9. Investigations.
Sec. 10. National advisory committees.
Sec. 11. Annual report and public disclosures.
Sec. 12. Containerized freight indexes.
Sec. 13. Technical amendments.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
Section 46108 of title 46, United States Code, is amended by
striking ``$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'' and inserting ``$49,200,000 for fiscal year 2026,
$51,660,000 for fiscal year 2027, $54,243,000 for fiscal year 2028, and
$57,016,000 for fiscal year 2029''.
SEC. 4. PURPOSES.
Section 40101 of title 46, United States Code, is amended--
(1) in paragraph (2) by striking ``in the ocean commerce of
the United States'' and inserting ``for the common carriage of
goods by water in the foreign commerce of the United States'';
and
(2) in paragraph (4) by striking ``promote'' and inserting
``support''.
SEC. 5. DEFINITIONS.
(a) In General.--Section 40102(9) of title 46, United States Code,
is amended--
(1) in subparagraph (B) by striking the period and
inserting ``; or'';
(2) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and by adjusting the margins
accordingly;
(3) by striking ``means an ocean common carrier'' and
inserting the following: ``means--
``(A) an ocean common carrier''; and
(4) by adding at the end the following:
``(B) such a carrier that is 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 the Federal Maritime
Commission Reauthorization Act of 2025;
``(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).''.
(b) Conforming Amendment.--Section 46106(b)(7) of title 46, United
States Code, is amended by striking ``ocean common carriers,
particularly such carriers that are controlled carriers'' and all that
follows through the period at the end and inserting ``controlled
carriers;''.
SEC. 6. COMPLAINTS AGAINST SHIPPING EXCHANGES.
(a) In General.--Section 40504(c) of title 46, United States Code,
is amended--
(1) in the subsection heading by inserting ``and
Investigation'' after ``Exemption'';
(2) by striking the period at the end and inserting ``;
and'';
(3) by striking ``may exempt'' and inserting the following:
``may--
``(1) exempt''; and
(4) by adding at the end the following:
``(2) investigate complaints submitted under section
40505.''.
(b) Complaints Against Shipping Exchanges.--Chapter 405 of title
46, United States Code, is amended by adding at the end the following:
``Sec. 40505. Complaints against shipping exchanges
``(a) In General.--A person may submit to the Federal Maritime
Commission, and the Commission shall accept, information concerning
alleged incidents of market manipulation or other anticompetitive
practices by shipping exchanges registered under section 40504.
``(b) Investigation.--Upon receipt of a submission of information
under subsection (a), the Commission shall promptly investigate the
accuracy of such information.
``(c) Report 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 results of any investigation in which
the Commission finds incidents of market manipulation or
anticompetitive practices by shipping exchanges registered under
section 40504.''.
(c) Clerical Amendment.--The analysis for chapter 405 of title 46,
United States Code, is amended by adding at the end the following:
``40505. Complaints against shipping exchanges.''.
SEC. 7. SHIPPING EXCHANGE REGISTRY.
Section 40504(d) of title 46, United States Code, is amended--
(1) by striking ``3 years after the date of enactment of
the Ocean Shipping Reform Act of 2022'' and inserting ``2 years
after the date of enactment of the Federal Maritime Commission
Reauthorization Act of 2025'';
(2) by striking ``set standards necessary to carry out''
and inserting ``ensure consistency with''; and
(3) by striking ``by'' and inserting ``via''.
SEC. 8. REPEAL.
(a) In General.--Section 40706 of title 46, United States Code, is
repealed.
(b) Clerical Amendment.--The analysis for chapter 407 of title 46,
United States Code, is amended by striking the item relating to section
40706.
SEC. 9. DATA COLLECTION.
Section 41110 of title 46, United States Code, is amended--
(1) by striking ``The Federal Maritime Commission'' and
inserting the following:
``(a) Quarterly Report.--The Federal Maritime Commission''; and
(2) by adding at the end the following:
``(b) Limitation on Duplication.--Unless the data described in
paragraphs (1) and (2) is not available in a timely manner or in a form
that allows the Commission to meet the requirements of subsection (a),
data required to be reported under subsection (a) may not duplicate
information submitted--
``(1) to the Corps of Engineers pursuant to section 11 of
the Act entitled `An Act authorizing the construction, repair,
and preservation of certain public works on rivers and harbors,
and for other purposes', approved September 22, 1922 (33 U.S.C.
555), by an ocean common carrier acting as a vessel operator;
``(2) pursuant to section 481 of the Tariff Act of 1930 (19
U.S.C. 1481) to U.S. Customs and Border Protection by
merchandise importers; or
``(3) to the Department of Commerce pursuant to section 301
of title 13.''.
SEC. 10. INVESTIGATIONS.
Section 41302 of title 46, United States Code, is amended by adding
at the end the following:
``(f) Nondisclosure.--Information and documents developed by the
Federal Maritime Commission under this section shall not be disclosed
unless the Commission determines by majority vote of the Commission
that such information and documents are relevant to an administrative
or judicial proceeding and agrees by a majority vote to disclose such
information and documents.''.
SEC. 11. NATIONAL ADVISORY COMMITTEES.
(a) National Shipper Advisory Committee.--Section 42502 of title
46, United States Code, is amended--
(1) in subsection (a) by striking ``Committee.'' and
inserting ``Committee (in this section referred to as the
`Shipper Committee').'';
(2) by striking subsection (b);
(3) by redesignating subsection (c) as subsection (b); and
(4) in subsection (b), as so redesignated, by striking
``Committee'' each place it appears and inserting ``Shipper
Committee''.
(b) National Port Advisory Committee.--Chapter 425 of title 46,
United States Code, is amended--
(1) by redesignating section 42503 as section 42506; and
(2) by inserting after section 42502 the following:
``Sec. 42503. National port advisory committee
``(a) Establishment.--There is established a National Port Advisory
Committee (in this section referred to as the `Port Committee').
``(b) Membership.--
``(1) In general.--The Port Committee shall consist of 13
members appointed by the Commission in accordance with this
section.
``(2) Expertise.--Each member of the Port Committee shall
have particular expertise, knowledge, and experience in matters
relating to the function of the Port Committee.
``(3) Representation.--Members of the Port Committee shall
be appointed as follows:
``(A) 5 members shall represent marine terminal
operators, as such term is defined in section 40102.
``(B) 5 members shall represent port authorities.
``(C) 3 members shall represent longshore and
maritime labor.
``Sec. 42504. National ocean carrier advisory committee
``(a) Establishment.--There is established a National Ocean Carrier
Advisory Committee (in this section referred to as the Carrier
Committee'').
``(b) Membership.--
``(1) In general.--The Carrier Committee shall consist of 9
members appointed by the Commission in accordance with this
section.
``(2) Expertise.--Each member of the Carrier Committee
shall have particular expertise, knowledge, and experience in
matters relating to the function of the Committee.
``(3) Representation.--Members of the Carrier Committee
shall represent ocean carriers serving such seaports and
terminals, of which at least 3 shall be ocean transportation
intermediaries (as such term is defined in section 40102).
``Sec. 42505. Function
``The covered Committees shall advise the Federal Maritime
Commission on policies relating to the competitiveness, reliability,
and efficiency of the international ocean freight delivery system.''.
(c) Conforming Amendments.--
(1) Definitions.--Section 42501(2) of title 46, United
States Code, is amended to read as follows:
``(2) Covered committee.--The term `covered Committee'
means--
``(A) the National Shipper Advisory Committee
established under section 42502;
``(B) the National Port Advisory Committee
established under section 42503; and
``(C) the National Ocean Carrier Advisory Committee
established under section 52504.''.
(2) Administration.--Section 42506 of title 46, United
States Code, as redesignated by subsection (b)(1), is amended--
(A) by striking ``The Committee'' each place it
appears except in subsection (k) and inserting ``Each
covered Committee'';
(B) in subsection (a) by striking ``the Committee''
and inserting ``each such Committee'';
(C) in subsections (b), (c), (d), (e), (f), and (j)
by striking ``the Committee'' each place it appears and
inserting ``a covered Committee'';
(D) in subsection (h)--
(i) in paragraph (1)--
(I) by striking ``Chair of the
Committee'' and inserting ``Chair of
each covered Committee''; and
(II) by striking ``function of the
Committee'' and inserting ``function of
the applicable Committee''; and
(ii) in paragraph (2) by striking ``the
Committee'' and inserting ``each covered
Committee'';
(E) in subsection (i)--
(i) in paragraph (1) by striking ``the
Committee if the function of the Committee''
and inserting ``any relevant covered Committee
if the function of such Committee'';
(ii) in paragraph (2) by striking ``the
Committee'' and inserting ``each such
Committee'';
(iii) in paragraph (3)--
(I) by striking ``from the
Committee'' and inserting ``from a
covered Committee''; and
(II) in subparagraph (B) by
striking ``to the Committee'' and
inserting ``to the submitting
Committee''; and
(iv) in paragraph (4) by striking ``from
the Committee'' and inserting ``from a covered
Committee''; and
(F) in subsection (k) by striking ``The Committee''
and inserting ``The covered Committees''.
SEC. 12. 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 (6)--
(A) by striking ``and'' at the end; and
(B) by striking ``under this part'' and inserting
``under chapter 403'';
(2) in paragraph (7)--
(A) by inserting ``anticompetitive, nonreciprocal
trade, or'' before ``otherwise concerning practices'';
(B) by inserting ``or marine terminal operators''
after ``controlled carriers''; and
(C) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following:
``(8) an analysis of any trade imbalance resulting from the
business practices of ocean common carriers, including an
analysis of the data collected under section 41110; and
``(9) the aggregated findings and results of the Vessel-
Operating Common Carrier Audit Program established by the
Commission on July 18, 2021, pursuant to the Commission rule
interpreting section 41102(c).''.
(b) Public Disclosure.--Section 46106(d)(2) of title 46, United
States Code, is amended by inserting ``or marine terminal operator''
after ``common carrier''.
SEC. 13. CONTAINERIZED FREIGHT INDEXES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Federal Maritime Commission shall promulgate an
advance notice of proposed rulemaking on price indexes for
containerized ocean freight for shippers (as such term is defined in
section 40102 of title 46, United States Code) in the United States
published by a shipping exchange registered under section 40504 of
title 46, United States Code.
(b) Final Rule.--Not later than 3 years after the date of enactment
of this Act, the Commission shall publish a final rule with respect to
the advance notice of proposed rulemaking required under subsection
(a).
SEC. 14. TECHNICAL AMENDMENTS.
(a) National Advisory Committees.--The analysis for subtitle IV of
title 46, United States Code, is amended by striking the item relating
to chapter 425 and inserting the following:
``425. National Advisory Committees 42501''.
(b) Analysis.--The heading and analysis for chapter 425 of title
46, United States Code, is amended to read as follows:
``CHAPTER 425--NATIONAL ADVISORY COMMITTEES
``Sec. 42501. Definitions.
``Sec. 42502. National Shipper Advisory Committee.
``Sec. 42503. National Seaport Advisory Committee.
``Sec. 42504. National Ocean Carrier Advisory Committee.
``Sec. 42505. Function.
``Sec. 42506. Administration''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Subcommittee on Coast Guard and Maritime Transportation Discharged
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 119-401.
Reported (Amended) by the Committee on Transportation and Infrastructure. H. Rept. 119-401.
Placed on the Union Calendar, Calendar No. 349.
Mr. Johnson (SD) moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H5869-5872)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 4183.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5869-6871)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5869-6871)
Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.