49 U.S.C. § 1301 — Establishment of Board

Page 182 TITLE 49—TRANSPORTATION § 1301 1 So in original. Does not conform to subchapter heading since word ‘‘SUBCHAPTER’’ does not appear. Stat. 3267; Pub. L. 118–63, title XII, § 1216(a), May 16, 2024, 138 Stat. 1431.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1155(a)(1), (2). 49 App.:1471(a)(1) (related to sub- chapter VII). Aug. 23, 1958, Pub. L. 85–726, § 901(a)(1) (related to title VII), 72 Stat. 783; restated July 10, 1962, Pub. L. 87–528, § 12, 76 Stat. 149; Aug. 5, 1974, Pub. L. 93–366, § 107, 88 Stat. 414; Jan. 3, 1975, Pub. L. 93–633, § 113(b), 88 Stat. 2162. 49 App.:1655(d) (1st sentence). Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938. 49 App.:1903(a)(1)(A). Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), 88 Stat. 2168. 1155(a)(3), (4). 49 App.:1471(a)(2) (related to sub- chapter VII). Aug. 23, 1958, Pub. L. 85–726, § 901(a)(2) (related to title VII), 72 Stat. 784; July 10, 1962, Pub. L. 87–528, § 12, 76 Stat. 150; restated Oct. 24, 1978, Pub. L. 95–504, § 35(b), 92 Stat. 1740. 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A). 1155(a)(5) .... 49 App.:1473(b)(1). Aug. 23, 1958, Pub. L. 85–726, § 903(b)(1), 72 Stat. 786; Oct. 24, 1978, Pub. L. 95–504, § 36, 92 Stat. 1741. 49 App.:1473(b)(4). Aug. 23, 1958, Pub. L. 85–726, § 903(b)(4), 72 Stat. 787. 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A). 1155(b) ........ 49 App.:1472(p). Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 902(p); added Oct. 15, 1962, Pub. L. 87–810, § 4, 76 Stat. 921; Aug. 5, 1974, Pub. L. 93–366, § 103(b), 88 Stat. 410; Dec. 30, 1987, Pub. L. 100–223, § 204(e), 101 Stat. 1520. In subsection (a)(1), the words ‘‘section 1132 or 1134(b) or (f)(1) (related to an aircraft accident) of this title’’ are substituted for ‘‘any provision of subchapter . . . VII . . . of this chapter’’ in 49 App.:1471(a)(1) because those sections restate the relevant source provisions of 49 App.:ch. 20 carried out by the Board. The words ‘‘reg- ulation prescribed or order issued under either of those sections’’ are substituted for ‘‘rule, regulation, or order issued thereunder’’ for clarity and consistency in the revised title and with other titles of the United States Code and because ‘‘rule’’ and ‘‘regulation’’ are synony- mous. The words ‘‘liable to the United States Govern- ment’’ are substituted for ‘‘subject to’’ for clarity. The words ‘‘for each such violation’’ are omitted as unnec- essary because of 18:1. In subsection (a)(2), the word ‘‘civilian’’ is omitted as unnecessary. The words ‘‘with respect thereto’’ are omitted as surplus. In subsection (a)(4), the words ‘‘imposed or com- promised’’ are substituted for ‘‘finally determined or fixed by order of the Board, or the amount agreed upon in compromise’’ in 49 App.:1471(a)(2) for consistency and to eliminate unnecessary words. In subsection (a)(5), the words ‘‘imposed or assessed’’ are omitted as surplus. The words ‘‘civil action against the person’’ are substituted for ‘‘proceedings in per- sonam against the person’’ in 49 App.:1473(b)(1) for con- sistency with rule 2 of the Federal Rules of Civil Proce- dure (28 App. U.S.C.) and to eliminate unnecessary words. The text of 49 App.:1473(b)(1) (1st sentence words after 1st comma and last sentence) is omitted as unnec- essary because penalties imposed by the National Transportation Safety Board do not involve liens on aircraft. The text of 49 App.:1473(b)(4) is omitted as un- necessary because of 28:ch. 131. Editorial Notes REFERENCES IN TEXT The Uniform Code of Military Justice, referred to in subsec. (a)(2), is classified generally to chapter 47 (§ 801 et seq.) of Title 10, Armed Forces. PRIOR PROVISIONS Prior chapter 31 (§§ 3101–3104) of subtitle II redesig- nated and restated as chapter 315 (§§ 31501–31504) of sub- title VI of this title by Pub. L. 103–272, § 1(c), (e). AMENDMENTS 2024—Pub. L. 118–63, § 1216(a)(1), substituted ‘‘Pen- alties’’ for ‘‘Aviation penalties’’ in section catchline. Subsec. (a)(1). Pub. L. 118–63, § 1216(a)(2), substituted ‘‘section 1136(g), or section 1139(g)’’ for ‘‘or section 1136(g) (related to an aircraft accident)’’. 1996—Subsec. (a)(1). Pub. L. 104–264 substituted ‘‘, section 1134(b), section 1134(f)(1), or section 1136(g)’’ for ‘‘or 1134(b) or (f)(1)’’ and ‘‘any of’’ for ‘‘either of’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Except as otherwise specifically provided, amend- ment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year end- ing before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title. CHAPTER 13—SURFACE TRANSPORTATION BOARD I—ESTABLISHMENT 1 Sec. 1301. Establishment of Board 1302. Functions. 1303. Administrative provisions. 1304. Reports. 1305. Authorization of appropriations. 1306. Reporting official action. II—ADMINISTRATIVE 1 1321. Powers. 1322. Board action. 1323. Service of notice in Board proceedings. 1324. Service of process in court proceedings. 1325. Railroad-Shipper Transportation Advisory Council. 1326. Authority of the Inspector General. Editorial Notes AMENDMENTS 2015—Pub. L. 114–110, §§ 3(a)(1), (2), 10, Dec. 18, 2015, 129 Stat. 2228, 2233, renumbered chapter 7 of this title as this chapter and amended analysis generally, sub- stituting items 1301 to 1306 and 1321 to 1326 for former items 701 to 706 and 721 to 727, respectively. SUBCHAPTER I—ESTABLISHMENT § 1301. Establishment of Board (a) ESTABLISHMENT.—The Surface Transpor- tation Board is an independent establishment of the United States Government. (b) MEMBERSHIP.—(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Sen- ate. Not more than 3 members may be appointed from the same political party. Page 183 TITLE 49—TRANSPORTATION § 1301 (2) At all times— (A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of trans- portation, transportation regulation, or eco- nomic regulation; and (B) at least 2 members shall be individuals with professional or business experience (in- cluding agriculture) in the private sector. (3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An indi- vidual appointed to fill a vacancy occurring be- fore the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a suc- cessor is appointed and qualified, but for a pe- riod not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office. (4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term. (5) A member of the Board may not have a pe- cuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another business, vocation, or employment. (6) A vacancy in the membership of the Board does not impair the right of the remaining mem- bers to exercise all of the powers of the Board. The Board may designate a member to act as Chairman during any period in which there is no Chairman designated by the President. (c) CHAIRMAN.—(1) There shall be at the head of the Board a Chairman, who shall be des- ignated by the President from among the mem- bers of the Board. The Chairman shall receive compensation at the rate prescribed for level III of the Executive Schedule under section 5314 of title 5. (2) Subject to the general policies, decisions, findings, and determinations of the Board, the Chairman shall be responsible for administering the Board. The Chairman may delegate the pow- ers granted under this paragraph to an officer, employee, or office of the Board. The Chairman shall— (A) appoint and supervise, other than reg- ular and full-time employees in the immediate offices of another member, the officers and employees of the Board, including attorneys to provide legal aid and service to the Board and its members, and to represent the Board in any case in court; (B) appoint the heads of offices with the ap- proval of the Board; (C) distribute Board business among officers and employees and offices of the Board; (D) prepare requests for appropriations for the Board and submit those requests to the President and Congress with the prior ap- proval of the Board; and (E) supervise the expenditure of funds allo- cated by the Board for major programs and purposes. (Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 932, § 701; amended Pub. L. 104–287, § 5(5), Oct. 11, 1996, 110 Stat. 3389; renumbered § 1301 and amended Pub. L. 114–110, §§ 3(a)(3), (b), 4, Dec. 18, 2015, 129 Stat. 2228, 2229.) Editorial Notes AMENDMENTS 2015—Pub. L. 114–110, § 3(a)(3), renumbered section 701 of this title as this section. Subsec. (a). Pub. L. 114–110, § 3(b), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: ‘‘There is hereby established with- in the Department of Transportation the Surface Transportation Board.’’ Subsec. (b)(1). Pub. L. 114–110, § 4(a)(1), substituted ‘‘5 members’’ for ‘‘3 members’’ and ‘‘3 members’’ for ‘‘2 members’’. Subsec. (b)(2). Pub. L. 114–110, § 4(a)(2), added par. (2) and struck out former par. (2) which read as follows: ‘‘At any given time, at least 2 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation or transportation regulation, and at least one member shall be an individual with professional or business ex- perience (including agriculture) in the private sector.’’ Subsec. (b)(4). Pub. L. 114–110, § 4(b)(3), struck out ‘‘who becomes a member of the Board pursuant to para- graph (4), or an individual’’ after ‘‘In the case of an in- dividual’’. Pub. L. 114–110, § 4(b)(1), (2), redesignated par. (5) as (4) and struck out former par. (4) which read as follows: ‘‘On January 1, 1996, the members of the Interstate Commerce Commission serving unexpired terms on De- cember 29, 1995, shall become members of the Board, to serve for a period of time equal to the remainder of the term for which they were originally appointed to the Interstate Commerce Commission. Any member of the Interstate Commerce Commission whose term expires on December 31, 1995, shall become a member of the Board, subject to paragraph (3).’’ Subsec. (b)(5), (6). Pub. L. 114–110, § 4(b)(2), redesig- nated pars. (6) and (7) as (5) and (6), respectively. Former par. (5) redesignated (4). 1996—Subsec. (b)(4). Pub. L. 104–287 substituted ‘‘Jan- uary 1, 1996’’ for ‘‘the effective date of this section’’ and ‘‘December 29, 1995,’’ for ‘‘the date of the enactment of the ICC Termination Act of 1995’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 104–88, § 2, Dec. 29, 1995, 109 Stat. 804, provided that: ‘‘Except as otherwise provided in this Act [see Ta- bles for classification], this Act shall take effect on January 1, 1996.’’ SAVINGS PROVISION Pub. L. 104–88, title II, § 204, Dec. 29, 1995, 109 Stat. 941, provided that: ‘‘(a) LEGAL DOCUMENTS.—All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges— ‘‘(1) that have been issued, made, granted, or al- lowed to become effective by the Interstate Com- merce Commission, any officer or employee of the Interstate Commerce Commission, or any other Gov- ernment official, or by a court of competent jurisdic- tion, in the performance of any function that is transferred by this Act [see Tables for classification] or the amendments made by this Act; and ‘‘(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Board [Surface Transpor- Page 184 TITLE 49—TRANSPORTATION § 1301 tation Board], any other authorized official, a court of competent jurisdiction, or operation of law. The Board shall promptly rescind all regulations established by the Interstate Commerce Commission that are based on provisions of law repealed and not substantively reen- acted by this Act. ‘‘(b) PROCEEDINGS.—(1) The provisions of this Act shall not affect any proceedings or any application for any license pending before the Interstate Commerce Commission at the time this Act takes effect [see Ef- fective Date note above], insofar as those functions are retained and transferred by this Act; but such pro- ceedings and applications, to the extent that they re- late to functions so transferred, shall be continued. Or- ders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursu- ant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall con- tinue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the dis- continuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discon- tinued or modified if this Act had not been enacted. ‘‘(2) The Board and the Secretary are authorized to provide for the orderly transfer of pending proceedings from the Interstate Commerce Commission. ‘‘(3)(A) Except as provided in subparagraphs (B) and (C), in the case of a proceeding under a provision of law repeal [repealed], and not reenacted, by this Act such proceeding shall be terminated. ‘‘(B) Any proceeding involving a pipeline carrier under subtitle IV of title 49, United States Code, shall be continued to be heard by the Board under such sub- title, as in effect on the day before the effective date of this section [see Effective Date note above], until com- pletion of such proceeding. ‘‘(C) Any proceeding involving the merger of a motor carrier property under subtitle IV of title 49, United States Code, shall continue to be heard by the Board under such subtitle, as in effect on the day before the effective date of this section, until completion of such proceeding. ‘‘(4) Any proceeding with respect to any tariff, rate charge, classification, rule, regulation, or service that was pending under the Intercoastal Shipping Act, 1933 [former 46 U.S.C. App. 843 et seq.] or the Shipping Act, 1916 [former 46 U.S.C. App. 801 et seq., see Disposition Table preceding section 101 of Title 46, Shipping] before the Federal Maritime Commission on November 1, 1995, shall continue to be heard until completion or issuance of a final order thereon under all applicable laws in ef- fect as of November 1, 1995. ‘‘(c) SUITS.—(1) This Act shall not affect suits com- menced before the date of the enactment of this Act [Dec. 29, 1995], except as provided in paragraphs (2) and (3). In all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been en- acted. ‘‘(2) Any suit by or against the Interstate Commerce Commission begun before the effective date of this Act shall be continued, insofar as it involves a function re- tained and transferred under this Act, with the Board (to the extent the suit involves functions transferred to the Board under this Act) or the Secretary (to the ex- tent the suit involves functions transferred to the Sec- retary under this Act) substituted for the Commission. ‘‘(3) If the court in a suit described in paragraph (1) remands a case to the Board or the Secretary, subse- quent proceedings related to such case shall proceed in accordance with applicable law and regulations as in effect at the time of such subsequent proceedings. ‘‘(d) CONTINUANCE OF ACTIONS AGAINST OFFICERS.—No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of the Interstate Commerce Commission shall abate by reason of the enactment of this Act. No cause of action by or against the Interstate Commerce Commission, or by or against any officer thereof in his official capac- ity, shall abate by reason of enactment of this Act. ‘‘(e) EXERCISE OF AUTHORITIES.—Except as otherwise provided by law, an officer or employee of the Board may, for purposes of performing a function transferred by this Act or the amendments made by this Act, exer- cise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the per- formance of the function immediately before the effec- tive date of the transfer of the function under this Act or the amendments made by this Act.’’ CONSTRUCTION Pub. L. 114–110, § 17, Dec. 18, 2015, 129 Stat. 2238, pro- vided that: ‘‘Nothing in this Act [see Tables for classi- fication] may be construed to affect any suit com- menced by or against the Surface Transportation Board, or any proceeding or challenge pending before the Surface Transportation Board, before the date of the enactment of this Act [Dec. 18, 2015].’’ ABOLITION OF INTERSTATE COMMERCE COMMISSION Pub. L. 104–88, title I, § 101, Dec. 29, 1995, 109 Stat. 804, provided that: ‘‘The Interstate Commerce Commission is abolished.’’ ORGANIZATION OF FUNCTIONS OF SURFACE TRANSPORTATION BOARD Pub. L. 104–88, title II, § 202, Dec. 29, 1995, 109 Stat. 940, provided that: ‘‘The Chairman of the Surface Transpor- tation Board (in this Act [see Tables for classification] referred to as the ‘Board’) may allocate or reallocate any function of the Board, consistent with this title [see Tables for classification] and [former] subchapter I of chapter 7 [now 49 U.S.C. 1301 et seq.], as amended by section 201 of this title, among the members or employ- ees of the Board, and may establish, consolidate, alter, or discontinue in the Board any organizational entities that were entities of the Interstate Commerce Commis- sion, as the Chairman considers necessary or appro- priate.’’ TRANSFER OF ASSETS AND PERSONNEL Pub. L. 104–88, title II, § 203, Dec. 29, 1995, 109 Stat. 941, provided that: ‘‘(a) TO BOARD.—Except as otherwise provided in this Act [see Tables for classification] and the amendments made by this Act, those personnel, property, and records employed, used, held, available, or to be made available in connection with a function transferred to the Board [Surface Transportation Board] by this Act shall be transferred to the Board for use in connection with the functions transferred, and unexpended bal- ances of appropriations, allocations, and other funds of the Interstate Commerce Commission shall also be transferred to the Board. Such unexpended balances, al- locations, and other funds, together with any unobli- gated balances from user fees collected by the Commis- sion during fiscal year 1996, may be used to pay for the closedown of the Commission and severance costs for Commission personnel, regardless of whether those costs are incurred at the Commission or at the Board. ‘‘(b) TO SECRETARY.—Except as otherwise provided in this Act and the amendments made by this Act, those personnel, property, and records employed, used, held, available, or to be made available in connection with a function transferred to the Secretary by this Act shall be transferred to the Secretary for use in connection with the functions transferred. ‘‘(c) SEPARATED EMPLOYEES.—Notwithstanding all other laws and regulations, the Department of Trans- portation shall place all Interstate Commerce Commis- sion employees separated from the Commission as a re- sult of this Act on the DOT reemployment priority list Page 185 TITLE 49—TRANSPORTATION § 1303 (competitive service) or the priority employment list (excepted service).’’ REFERENCES TO INTERSTATE COMMERCE COMMISSION DEEMED TO BE REFERENCES TO SURFACE TRANSPOR- TATION BOARD Pub. L. 104–88, title II, § 205, Dec. 29, 1995, 109 Stat. 943, provided that: ‘‘Any reference to the Interstate Com- merce Commission in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Interstate Com- merce Commission or an officer or employee of the Interstate Commerce Commission, is deemed to refer to the Board [Surface Transportation Board], a member or employee of the Board, or the Secretary, as appro- priate.’’ SURFACE TRANSPORTATION BOARD PASSENGER RAIL PROGRAM Pub. L. 117–58, div. B, title II, § 22309, Nov. 15, 2021, 135 Stat. 734, provided that: ‘‘The Surface Transportation Board shall— ‘‘(1) establish a passenger rail program with pri- mary responsibility for carrying out the Board’s pas- senger rail responsibilities; and ‘‘(2) hire up to 10 additional full-time employees to assist in carrying out the responsibilities referred to in paragraph (1).’’ INFORMATION SECURITY IMPROVEMENT Pub. L. 115–269, Oct. 16, 2018, 132 Stat. 3763, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘STB Information Se- curity Improvement Act’. ‘‘SEC. 2. REQUIREMENTS. ‘‘(a) IN GENERAL.—The Surface Transportation Board (in this section referred to as the ‘STB’) shall develop a timeline and plan to implement the recommendations of the Inspector General of the Department of Trans- portation in Report No. FI2018002, including improve- ments— ‘‘(1) to identify controls, including risk manage- ment, weakness remediation, and security authoriza- tion; ‘‘(2) to protect controls, including configuration management, user identity and access management, and security training; ‘‘(3) to detect controls, including continuous moni- toring; ‘‘(4) to respond [to] controls, including incident handling and reporting; ‘‘(5) to recover controls for contingency planning; and ‘‘(6) [sic] any additional tools that will improve the implementation of the recommendations. ‘‘(b) IMPLEMENTATION.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [Oct. 16, 2018], the STB shall submit the plan and timeline developed under subsection (a) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce of the Senate. ‘‘(2) REPORT.—The STB shall report annually to such Committees on the progress on implementation of the recommendations until the implementation is complete. ‘‘(3) PLAN IMPLEMENTATION.—The STB shall des- ignate an individual to implement the plan developed under subsection (a). ‘‘SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED. ‘‘No additional funds are authorized to carry out the requirements of this Act. Such requirements shall be carried out using amounts otherwise authorized.’’ § 1302. Functions Except as otherwise provided in the ICC Ter- mination Act of 1995, or the amendments made thereby, the Board shall perform all functions that, immediately before January 1, 1996, were functions of the Interstate Commerce Commis- sion or were performed by any officer or em- ployee of the Interstate Commerce Commission in the capacity as such officer or employee. (Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 933, § 702; amended Pub. L. 104–287, § 5(6), Oct. 11, 1996, 110 Stat. 3389; renumbered § 1302, Pub. L. 114–110, § 3(a)(3), Dec. 18, 2015, 129 Stat. 2228.) Editorial Notes REFERENCES IN TEXT The ICC Termination Act of 1995, referred to in text, is Pub. L. 104–88, Dec. 29, 1995, 109 Stat. 803. For com- plete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under section 101 of this title and Tables. AMENDMENTS 2015—Pub. L. 114–110 renumbered section 702 of this title as this section. 1996—Pub. L. 104–287 substituted ‘‘January 1, 1996’’ for ‘‘the effective date of such Act’’. Statutory Notes and Related Subsidiaries ABOLITION OF INTERSTATE COMMERCE COMMISSION Interstate Commerce Commission abolished by sec- tion 101 of Pub. L. 104–88, set out as a note under sec- tion 1301 of this title. § 1303. Administrative provisions (a) OPEN MEETINGS.— (1) IN GENERAL.—The Board shall be deemed to be an agency for purposes of section 552b of title 5. (2) NONPUBLIC COLLABORATIVE DISCUSSIONS.— (A) IN GENERAL.—Notwithstanding section 552b of title 5, a majority of the members may hold a meeting that is not open to pub- lic observation to discuss official agency business if— (i) no formal or informal vote or other official agency action is taken at the meeting; (ii) each individual present at the meet- ing is a member or an employee of the Board; and (iii) the General Counsel of the Board is present at the meeting. (B) DISCLOSURE OF NONPUBLIC COLLABO- RATIVE DISCUSSIONS.—Except as provided under subparagraph (C), not later than 2 business days after the conclusion of a meet- ing under subparagraph (A), the Board shall make available to the public, in a place eas- ily accessible to the public— (i) a list of the individuals present at the meeting; and (ii) a summary of the matters discussed at the meeting, except for any matters the Board properly determines may be with- held from the public under section 552b(c) of title 5. (C) SUMMARY.—If the Board properly deter- mines matters may be withheld from the public under section 555b(c) of title 5, the Board shall provide a summary with as