§46103 — Title 46 Shipping | U.S. Code

Summary

Treats the Federal Maritime Commission as an agency under 5 U.S.C. 552b and requires the secretary to keep records of meetings and the votes on any action, order, contract, or financial transaction. A majority of Commissioners can hold a private meeting to talk about official business only if no formal or informal vote happens, only Commissioners or Commission employees attend, at least one Commissioner from each political party is there when that applies, and the General Counsel is present. Within 2 business days after such a meeting, the Commission must make public who was there and a summary of what was discussed, except for parts properly withheld under 5 U.S.C. 552b(c). If something is withheld, the Commission must still give as much general information as possible. If the meeting is about a case still pending, the disclosure is made when the final decision is issued. These rules do not change how 5 U.S.C. 552b or 5 U.S.C. 552a apply to other meetings or to records individuals can access.

Title 46, §46103

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(a)The Federal Maritime Commission shall be deemed to be an agency for purposes of section 552b of title 5.

(b)The Commission, through its secretary, shall keep a record of its meetings and the votes taken on any action, order, contract, or financial transaction of the Commission.

(c)(1)Notwithstanding section 552b of title 5, a majority of the Commissioners may hold a meeting that is not open to public observation to discuss official agency business if—

(A)no formal or informal vote or other official agency action is taken at the meeting;

(B)each individual present at the meeting is a Commissioner or an employee of the Commission;

(C)at least 1 Commissioner from each political party is present at the meeting, if applicable; and

(D)the General Counsel of the Commission is present at the meeting.

(2)Except as provided under paragraph (3), not later than 2 business days after the conclusion of a meeting under paragraph (1), the Commission shall make available to the public, in a place easily accessible to the public—

(A)a list of the individuals present at the meeting; and

(B)a summary of the matters discussed at the meeting, except for any matters the Commission properly determines may be withheld from the public under section 552b(c) of title 5.

(3)If the Commission properly determines matters may be withheld from the public under section 552b(c) of title 5, the Commission shall provide a summary with as much general information as possible on those matters withheld from the public.

(4)If a meeting under paragraph (1) directly relates to an ongoing proceeding before the Commission, the Commission shall make the disclosure under paragraph (2) on the date of the final Commission decision.

(5)Nothing in this subsection may be construed to limit the applicability of section 552b of title 5 with respect to a meeting of the Commissioners other than that described in this subsection.

(6)Nothing in this subsection may be construed—

(A)to limit the applicability of section 552b of title 5 with respect to any information which is proposed to be withheld from the public under paragraph (2)(B) of this subsection; or

(B)to authorize the Commission to withhold from any individual any record that is accessible to that individual under section 552a of title 5.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 30346 App.:1111(c) (related to records).June 29, 1936, ch. 858, title II, § 201(c) (related to records), 49 Stat. 1986. The words “true” and “yea-and-nay” are omitted as unnecessary.

Editorial Notes

Amendments

2021—Pub. L. 116–283, § 8605(a)(3), renumbered section 303 of this title as this section. Subsec. (c)(3). Pub. L. 116–283, § 8605(c), substituted “552b(c)” for “555b(c)”. 2018—Pub. L. 115–282 amended section generally. Prior to amendment, text read as follows: “The Federal Maritime Commission, through its secretary, shall keep a record of its meetings and the votes taken on any action, order, contract, or financial transaction of the Commission.”

§46103 Meetings