[Congressional Record Volume 171, Number 211 (Monday, December 15, 2025)]
[House]
[Pages H5869-H5872]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEDERAL MARITIME COMMISSION REAUTHORIZATION ACT OF 2025
Mr. JOHNSON of South Dakota. Mr. Speaker, I move to suspend the rules
and pass the bill (H.R. 4183) to authorize appropriations for the
Federal Maritime Commission for fiscal years 2026 through 2029, and for
other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4183
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''.
[[Page H5870]]
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, and $49,200,000 for
fiscal year 2027''.
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, 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;''.
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:
[[Page H5871]]
``(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''.
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), 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''.
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 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).
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.
``42502. National Shipper Advisory Committee.
``42503. National Port Advisory Committee.
``42504. National Ocean Carrier Advisory Committee.
``42505. Function.
``42506. Administration.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
South Dakota (Mr. Johnson) and the gentleman from Alabama (Mr. Figures)
each will control 20 minutes.
The Chair recognizes the gentleman from South Dakota.
General Leave
Mr. JOHNSON of South Dakota. Mr. Speaker, I ask unanimous consent
that all Members may have 5 legislative days in which to revise and
extend their remarks and to insert extraneous material into the Record
on this bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from South Dakota?
There was no objection.
Mr. JOHNSON of South Dakota. Mr. Speaker, I yield myself such time as
I may consume.
Mr. Speaker, the Chinese Communist Party does not play fair. That is
why this bill, the Federal Maritime Commission Reauthorization Act of
2025, is so important.
I suspect we all know that ocean-linked supply chains are critical to
the economic competitiveness of the United States. Think about all the
important materials we import into this country, and then think about
all the important materials we export. Even just for relatively small
South Dakota, Mr. Speaker, we export $7 billion of manufactured goods
and agricultural goods to the rest of the world every single year. That
is almost $8,000 a year for every single South Dakotan. Clearly, this
maritime trade is important.
Because the Chinese Communist Party doesn't play fair, we need a
focused and effective cop on the beat. We need someone who will be
focused on the anticompetitive behavior from the Chinese Communist
Party and others.
The five largest ocean carriers and their coalitions, Mr. Speaker,
control 80 or 85 percent of the ocean carrier business. We want to make
sure that anticompetitive behavior does not take place. This
legislation has at least a couple of major thrusts that are going to
make that so.
First, it authorizes the fiscal years 2026 and 2027 appropriations
for the FMC at the levels that are necessary to maintain the integrity
of the marketplace through monitoring, enforcement, and proper
adjudication.
Secondly, it also provides the new authorities and direction that the
FMC needs to be a vigilant protector for our American shippers so they
can be a more informed regulator and a more effective guardian against
the abuses by the Chinese Communist Party and their partners.
Of course, Mr. Speaker, this all makes sense. It is very
commonsensical. It is all very policy focused. That is why I am happy
to report that it was a strongly bipartisan piece of legislation
throughout its journey through the committee. This is exactly what our
country should be doing at this time.
Mr. Speaker, I reserve the balance of my time.
Mr. FIGURES. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I, too, rise in support of H.R. 4183, the Federal
Maritime Commission Reauthorization Act of 2025, as amended. This bill
updates and strengthens the authorities of the Federal Maritime
Commission, or FMC, an agency that plays a critical role in ensuring an
efficient, competitive, and economical maritime shipping system. As my
colleague from South Dakota indicated, it ensures that we have the
resources necessary to level the playing field.
The past several years have shown how essential it is to safeguard
our shipping. Disruptions in global shipping, port congestion, and
fluctuating freight rates have created serious challenges for American
businesses and consumers alike.
This legislation authorizes funding for the Federal Maritime
Commission for fiscal years 2026 and 2027, ensuring that the agency has
the consistent resources it needs over the next several years to
continue its core oversight and enforcement work.
The bill strengthens the FMC's ability to address anticompetitive
behavior, which is vitally necessary throughout the shipping industry.
It will also authorize the FMC to investigate complaints against
shipping exchanges concerning market manipulation and other
anticompetitive practices.
{time} 1540
The bill creates a National Port Advisory Committee and a National
[[Page H5872]]
Ocean Carrier Advisory Committee which will provide critical informed
insight to ensure a more fair and efficient international ocean freight
system.
I support this legislation, and I thank my colleague from South
Dakota, Congressman Johnson, as well as the Democratic cosponsors of
this bill.
Mr. Speaker, this is an important piece of legislation that will
strengthen our Federal Maritime Commission and ensure that we have a
competitive, effective, and efficient maritime transportation system.
I support H.R. 4183, as introduced by my colleague from South Dakota,
as amended, and I urge my colleagues to do the same.
Mr. Speaker, I yield back the balance of my time.
Mr. JOHNSON of South Dakota. Mr. Speaker, whether they realize it or
not, every single American benefits from having a competitive maritime
marketplace. For that to be the case, you have to have a cop on the
beat that understands the job, is focused on anticompetitive behavior,
and is driven to make sure that the free market works in the maritime
space.
Mr. Speaker, this bill pushes forward all of those goals. I urge
support of this bill, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from South Dakota (Mr. Johnson) that the House suspend the
rules and pass the bill, H.R. 4183, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to
authorize appropriations for the Federal Maritime Commission for fiscal
years 2026 through 2027, and for other purposes.''.
A motion to reconsider was laid on the table.
____________________