Short title

This Act may be cited as the

Federal Maritime Commission Reauthorization Act of 2025

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.

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.

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.

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, 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;.

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:

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.

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.

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.

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.

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.

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:

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.

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), 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.

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 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).

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:

425

NATIONAL ADVISORY COMMITTEES

Sec.

42501. Definitions.

42502. National Shipper Advisory Committee.

42503. National Port Advisory Committee.

42504. National Ocean Carrier Advisory Committee.

42505. Function.

42506. Administration.