HR 4183 · 119th Congress

Federal Maritime Commission Reauthorization Act of 2025

international shippingmaritime regulationantitrust enforcementtrade with Chinaport policy
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Last action 2025-12-16

Sponsored by Rep. Johnson, Dusty [R-SD-At Large] (R) — SD

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Would reauthorize the Federal Maritime Commission through FY2027 and expand its authority to police anticompetitive behavior in international ocean shipping — including by carriers linked to nonmarket economies like China — while creating two new industry advisory committees and tightening protections for enforcement investigation materials.

The bill also requires the commission to regulate how data collected by shipping exchanges is used to set containerized freight price indexes, addressing concerns about market manipulation in a sector critical to U.S. import and export costs.

What this bill would do

What it would do

The bill would reauthorize the Federal Maritime Commission at $49.2 million for each of FY2026 and FY2027. It would expand the legal definition of "controlled carrier" — a category of ocean shipping companies subject to heightened regulatory scrutiny — to include carriers owned by, or financially linked to, corporations based in nonmarket economy countries or countries on the U.S. Trade Representative's priority watch list or monitoring list. It would require the commission to accept and investigate public complaints about anticompetitive practices by registered shipping exchanges, and to report findings to Congress. It would also establish a National Port Advisory Committee and a National Ocean Carrier Advisory Committee to advise the commission alongside the existing National Shipper Advisory Committee.

The bill would prohibit the commission from disclosing information or documents developed during enforcement investigations unless a majority of commissioners votes to release them as relevant to a proceeding. It would require the commission to issue an advance notice of proposed rulemaking within one year and a final rule within three years governing how shipping exchanges acquire and use data to develop containerized freight price indexes for U.S. shippers. It would also update data collection rules to prevent the commission from duplicating information already reported to other federal agencies.

Key provisions

  1. 1Would reauthorize FMC appropriations at $49.2 million for each of FY2026 and FY2027 by amending 46 U.S.C. § 46108.Sec. 3
  2. 2Would expand the 'controlled carrier' definition to cover carriers owned by or financially linked to corporations based in nonmarket economy countries or USTR-monitored countries.Sec. 5
  3. 3Would require the FMC to accept complaints and investigate alleged anticompetitive practices or market manipulation by registered shipping exchanges, and report findings to Congress.Sec. 6
  4. 4Would prohibit FMC from disclosing enforcement investigation information or documents unless a majority of commissioners votes that they are relevant to an administrative or judicial proceeding.Sec. 10
  5. 5Would establish a National Port Advisory Committee (13 members) and a National Ocean Carrier Advisory Committee (9 members) to advise the FMC on competitiveness and efficiency in international ocean freight.Sec. 11
  6. 6Would require FMC to issue an advance notice of proposed rulemaking within 1 year and a final rule within 3 years on how shipping exchanges acquire, use, and protect data in developing containerized freight price indexes.Sec. 13
  7. 7Would expand FMC's annual report to Congress to include analysis of anticompetitive and nonreciprocal practices by controlled carriers and marine terminal operators, trade imbalances, and carrier audit program results.Sec. 12

Who would be affected

The Federal Maritime Commission and its staff, who gain expanded investigative and reporting mandates; ocean carriers — particularly those with corporate ties to China or other nonmarket economies — who would face broader "controlled carrier" oversight; U.S. importers and exporters who use registered shipping exchanges to arrange cargo transportation; marine terminal operators and port authorities who would gain representation on the new Port Advisory Committee; and longshore and maritime labor organizations with seats on that committee.

Why it matters

Carriers linked to nonmarket economies, particularly Chinese state-connected shipping companies, could face significantly greater regulatory scrutiny over their rates and practices. Businesses that rely on shipping exchanges for freight pricing would gain new complaint rights and could see future rules governing how those exchanges set price indexes. Enforcement targets would also benefit from stronger protections against premature disclosure of investigation files.

What would change

Changes to existing law

Amends 46 U.S.C. § 46108 (Sec. 3)

Strikes prior FY2022–FY2025 appropriation figures and authorizes $49,200,000 for each of FY2026 and FY2027.

Amends 46 U.S.C. § 40102(9) (Sec. 5)

Expands 'controlled carrier' definition to include carriers financially or legally linked to corporations in nonmarket economy or USTR-monitored countries.

Amends 46 U.S.C. § 40504 (Sec. 6)

Adds authority for FMC to investigate complaints about anticompetitive practices by registered shipping exchanges.

Repeals 46 U.S.C. § 40706 (Sec. 8)

Section 40706 of title 46 is struck entirely, with a conforming clerical amendment removing it from the chapter analysis.

Amends 46 U.S.C. § 41110 (Sec. 9)

Adds a limitation preventing FMC from duplicating data already reported to the Corps of Engineers, Customs and Border Protection, or the Department of Commerce.

Amends 46 U.S.C. § 41302 (Sec. 10)

Adds nondisclosure rule barring release of enforcement investigation materials unless a commission majority votes them relevant to a proceeding.

Amends 46 U.S.C. chapter 425 (National Advisory Committees) (Sec. 11)

Creates two new advisory committees (National Port and National Ocean Carrier) and restructures the chapter to apply shared administration rules to all three committees.

Agencies directed to act

Federal Maritime CommissionOffice of the United States Trade RepresentativeU.S. Army Corps of EngineersU.S. Customs and Border ProtectionDepartment of Commerce

Effective dates

  • FMC must publish advance notice of proposed rulemaking on containerized freight indexesSec. 13(a)Within 1 year of enactment
  • FMC must publish final rule on containerized freight index data practicesSec. 13(b)Within 3 years of enactment
  • Shipping exchange registry standards deadline resetSec. 7Within 2 years of enactment

Funding and costs

  • $49,200,000FY2026

    Federal Maritime Commission operations and activitiesSec. 3

  • $49,200,000FY2027

    Federal Maritime Commission operations and activitiesSec. 3

Congressional Budget Office estimate

CBO estimates H.R. 4183 would cost $208 million over the 2026–2030 period and $212 million over the 2026–2035 period in discretionary spending (funding subject to annual appropriation), with no effect on the deficit from direct spending or revenues.

H.R. 4183 would authorize $212 million in appropriations over fiscal years 2026–2029 to fund the operations of the Federal Maritime Commission (FMC), plus establish additional administrative and reporting requirements and two new advisory committees. CBO estimates implementing the bill would result in outlays (actual spending) of $208 million over the 2026–2030 period and $212 million over the 2026–2035 period, reflecting the agency's historical spending pace. The bill has no effect on direct (mandatory) spending or revenues, so statutory pay-as-you-go procedures do not apply. CBO identified no intergovernmental or private-sector mandates in the bill.

View the full CBO cost estimate

How implementation would work

The commission would incorporate the expanded controlled-carrier definition into existing oversight reviews and begin accepting shipping-exchange complaints on enactment. Within one year, it must publish an advance notice of proposed rulemaking on containerized freight price indexes; a final rule must follow within three years. Two new advisory committees for ports and ocean carriers would be constituted through commission appointments and would advise alongside the existing shipper committee under unified administration rules. Annual reports to Congress would gain new sections on anticompetitive practices, trade imbalances, and carrier audit results. Releasing enforcement investigation materials would require an affirmative majority commission vote.

Legislative status & sources

Latest action

Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

2025-12-16

Official CRS summary

Show the CRS summary

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.

From the Congressional Research Service.

Legislative subjects

Administrative law and regulatory procedures; Advisory bodies; Competition and antitrust; Computer security and identity theft; Computers and information technology; Congressional oversight; Federal Maritime Commission; Government information and archives; Government studies and investigations; Marine and inland water transportation; Navigation, waterways, harbors; Transportation and Public Works

Committee report

H. Rept. 119-401

Congressional Bill

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HR 4183: Federal Maritime Commission Reauthorization Act of 2025 | Legislation Reporter