# § 46103. Meetings
**(a)** **In General.—** The Federal Maritime Commission shall be deemed to be an agency for purposes of section 552b of title 5.
**(b)** **Record.—** 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)** **Nonpublic Collaborative Discussions.—**
**(1)** **In general.—** 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)** **Disclosure of nonpublic collaborative discussions.—** 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)** **Exception.—** 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)** **Ongoing proceedings.—** 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)** **Preservation of open meetings requirements for agency action.—** 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)** **Statutory construction.—** 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.
---
**Source Credit**: (Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1489, § 303; Pub. L. 115–282, title VII, § 711(a), Dec. 4, 2018, 132 Stat. 4297; renumbered § 46103 and amended Pub. L. 116–283, div. G, title LVXXXVI [LXXXVI], § 8605(a)(3), (c), Jan. 1, 2021, 134 Stat. 4765.)
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 303 | 46 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—, renumbered as this section.
Subsec. (c)(3). , substituted “552b(c)” for “555b(c)”.
2018— 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.”