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Code · STATUTE-COMPILATIONS · Surface Transportation Board Reauthorization Act of 2015 · Sec. 5

Sec. 5. NONPUBLIC COLLABORATIVE DISCUSSIONS

489 words·~2 min read·/statute-compilations/comps-11804/sec-5

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## SEC. 5 NONPUBLIC COLLABORATIVE DISCUSSIONS **[**[49 U.S.C. 1303](/us/usc/t49/s1303)**]** Section 1303(a), as redesignated by subsections
(a)and
(c)of section 3, is amended to read as follows: > > ### “(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 public 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 meeting 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 collaborative discussions > > Except as provided under subparagraph (C), not later than 2 business days after the conclusion of a meeting under subparagraph (A), the Board shall make available to the public, in a place easily 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 withheld from the public under section 552b(c) of title 5. > > > ##### “(C) Summary > > If the Board properly determines matters may be withheld from the public under section 555b(c) of title 5, the Board shall provide a summary with as much general information as possible on those matters withheld from the public. > > > ##### “(D) Ongoing proceedings > > If a discussion under subparagraph
(A)directly relates to an ongoing proceeding before the Board, the Board shall make the disclosure under subparagraph
(B)on the date of the final Board decision. > > > ##### “(E) Preservation of open meetings requirements for agency action > > Nothing in this paragraph may be construed to limit the applicability of section 552b of title 5 with respect to a meeting of the members other than that described in this paragraph. > > > ##### “(F) Statutory construction > > Nothing in this paragraph may be construed— > > > ###### “(i) > > 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 subparagraph (B)(ii); or > > > ###### “(ii) > > to authorize the Board to withhold from any individual any record that is accessible to that individual under section 552a of title 5, United States Code.” > .
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Sec. 5
NONPUBLIC COLLABORATIVE DISCUSSIONS
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