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

Summary

The Federal Maritime Commission must follow the open-meetings law in section 552b of title 5 and must keep a record, through its secretary, of its meetings and of votes on any action, order, contract, or financial transaction. A majority of the Commissioners may meet privately to talk about official business only if no formal vote or action happens, only Commissioners or Commission employees attend, at least one Commissioner from each political party is there (if that applies), and the Commission’s General Counsel is present. Within 2 business days after such a meeting, the Commission must publish who was there and a summary of what was discussed, except for things it can properly keep secret under section 552b(c) of title 5; if items are withheld, it must give as much general information as possible. If the private meeting is about an ongoing case, the disclosures happen when the Commission issues its final decision. Nothing here changes how section 552b or the Privacy Act (section 552a) otherwise apply.

Title 46, §46103

Shipping — Source: USLM XML via OLRC

(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