Federal Maritime Commission Reauthorization Act of 2025

This Act may be cited as the “Federal Maritime Commission Reauthorization Act of 2025”.

The table of contents for this Act is as follows:

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, and $49,200,000 for fiscal year 2027”.

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”.

(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:

“(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, headquartered in, or otherwise significantly linked to 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 on the priority watch list included 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;”.

(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:

“(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:

“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:

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”.

(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.

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.”.

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.”.

(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:

“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.

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).

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 (f), by striking “the Committee’s” and inserting “a covered Committee’s”;

(E) 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”;

(F) 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

(G) in subsection (k) by striking “The Committee” and inserting “The covered Committees”.

(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), as amended by section 5(b) of this Act—

(A) by inserting “anticompetitive, nonreciprocal trade, or” before “otherwise concerning practices”;

(B) by inserting “or marine terminal operators” after “controlled carriers”; and

(C) by inserting “and” after the semicolon at the end; 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”.

(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 the manner in which data is acquired, used, and protected in developing 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).

(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:

(b) Analysis.— The heading and analysis for chapter 425 of title 46, United States Code, is amended to read as follows: