---
kind: "section"
citation: "46 U.S.C. § 46103"
title: "46"
title_heading: "Shipping"
number: "46103"
heading: "Meetings"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/46103"
units:
  - "Subtitle IV — Regulation of Ocean Shipping"
  - "Part D — Federal Maritime Commission"
  - "Chapter 461 — Federal Maritime Commission"
---

# §46103. Meetings

- (a) **In General.—** The Federal Maritime [Commission](/usc/46/42501.md?p=1) shall be deemed to be an agency for purposes of [section 552b of title 5](/usc/5/552b.md).
- (b) **Record.—** The [Commission](/usc/46/42501.md?p=1), through its [secretary](/usc/46/2101.md?p=46), shall keep a record of its meetings and the votes taken on any action, order, contract, or financial transaction of the [Commission](/usc/46/42501.md?p=1).
- (c) **Nonpublic Collaborative Discussions.—**
  - (1) **In general.—** Notwithstanding [section 552b of title 5](/usc/5/552b.md), 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](/usc/46/42501.md?p=1);
    - (C) at least 1 Commissioner from each political party is present at the meeting, if applicable; and
    - (D) the General Counsel of the [Commission](/usc/46/42501.md?p=1) is present at the meeting.
  - (2) **Disclosure of nonpublic collaborative discussions.—** Except as provided under [paragraph (3)](#c-3), not later than 2 business days after the conclusion of a meeting under [paragraph (1)](#c-1), the [Commission](/usc/46/42501.md?p=1) 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](/usc/46/42501.md?p=1) properly determines may be withheld from the public under [section 552b(c) of title 5](/usc/5/552b.md?p=c).
  - (3) **Exception.—** If the [Commission](/usc/46/42501.md?p=1) properly determines matters may be withheld from the public under [section 552b(c) of title 5](/usc/5/552b.md?p=c), the [Commission](/usc/46/42501.md?p=1) 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)](#c-1) directly relates to an ongoing proceeding before the [Commission](/usc/46/42501.md?p=1), the [Commission](/usc/46/42501.md?p=1) shall make the disclosure under [paragraph (2)](#c-2) on the date of the final [Commission](/usc/46/42501.md?p=1) 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](/usc/5/552b.md) 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](/usc/5/552b.md) 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](/usc/46/42501.md?p=1) to withhold from any individual any record that is accessible to that individual under [section 552a of title 5](/usc/5/552a.md).

## 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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | 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—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.”