§ 46103. Meetings

• (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 .