119-hr4183

[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''.
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