46 U.S.C. § 46103 — Meetings
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 426 words · no verdicts yet
The Federal Maritime Commission must follow federal open-meeting law and keep records of its votes and actions. A majority of Commissioners may still hold a closed meeting to informally discuss agency business, as long as no vote or official action happens, both political parties are represented, and the Commission's General Counsel is present. The Commission must generally disclose who attended and what was discussed within 2 business days, though matters that are properly confidential, or that relate to an ongoing case, can be summarized or delayed instead.
(a) In general. The Federal Maritime Commission counts as an agency* under the federal open-meetings law (section 552b of title 5).
(b) Record. Through its secretary, the Commission must keep a record of its meetings and the votes taken on any action, order, contract, or financial transaction.
(c) Closed collaborative discussions. (1) Despite the open-meetings law, a majority of Commissioners may hold a closed meeting to discuss official business if: no vote or official action is taken (A); everyone present is a Commissioner or Commission employee (B); at least one Commissioner from each political party is present, if applicable (C); and the Commission's General Counsel is present (D). (2) Within 2 business days after such a meeting, the Commission must publicly post a list of who attended and a summary of what was discussed, except for matters properly withheld under the open-meetings law's exceptions. (3) For withheld matters, the Commission must still give as much general information as it can. (4) If the closed meeting relates directly to an ongoing Commission proceeding, this disclosure happens instead on the date of the Commission's final decision in that case. (5) This subsection does not limit the open-meetings law for any other Commission meeting. (6) Nothing here limits the open-meetings law for information withheld under paragraph (2)(B) (A), or lets the Commission withhold from a person a record they're otherwise entitled to see about themselves under the Privacy Act (B).
The Federal Maritime Commission shall be deemed to be an agency* for purposes of section 552b of title 5.
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.
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—
no formal or informal vote or other official agency action is taken at the meeting;
each individual present at the meeting is a Commissioner or an employee of the Commission;
at least 1 Commissioner from each political party is present at the meeting, if applicable; and
the General Counsel of the Commission is present at the meeting.
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 list of the individuals present at the meeting; and
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.
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.
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.
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.
Nothing in this subsection may be construed—
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
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.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1489
- 2018Amended · Pub. L. 115-282 · 132 Stat. 4297
- 2021Amended · Pub. L. 116-283 · 134 Stat. 4765
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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