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PART 1101-SUNSHINE ACT Meeting means the deliberations of at
least a quorum of the Corporation
mine or result in the joint conduct or Sec. 1101.1 Purpose and scope.
disposition of official Corporation busi1101.2 Definitions.
ness. A meeting may be conducted 1101.3 Open meetings.
under this part through telephone or 1101.4 Notice of meetings.
similar communications equipment by 1101.5 Procedure for closing meetings.
means of which all participants can 1101.6 Criteria for closing meetings. 1101.7 Transcripts of closed meetings.
hear each other. The term meeting does 1101.8 Report to Congress.
not include deliberations required or
permitted by $1101.4 or $1101.5 and does AUTHORITY: 5 U.S.C. 552b.
not include the process of notation votSOURCE: 59 FR 16979, Apr. 11, 1994, unless ing by circulated memorandum for the otherwise noted.
purpose of expediting consideration of
routine matters. 81101.1 Purpose and scope.
Member means an individual who is a (a) The provisions of this part are in
member of the Corporation Board. tended to implement the requirements
Quorum means the number of memof section 3(a) of the Government in
bers authorized to conduct Corporation the Sunshine Act, 5 U.S.C. 552b for the
business pursuant to the Corporation's United States Enrichment Corporation
bylaws. (“Corporation”). (b) Nothing in this part expands or
$1101.3 Open meetings. limits the present rights of any person under the Freedom of Information Act
Members shall not jointly conduct or (5 U.S.C. 552), except that the exemp
dispose of Corporation business other tions set forth in 1101.6 shall govern in
than in accordance with this part. Exthe case of any request made pursuant
cept as provided in $1101.6, every porto the Freedom of Information Act to
tion of every meeting of the Corporacopy or inspect the transcripts, record
tion shall be open to public observaings, or minutes described in $1101.7.
tion, and the Corporation shall provide (c) Nothing in this part authorizes
suitable facilities therefor. The public the Corporation to withhold from any
is invited to observe and listen to all individual any record, including tran
meetings of the Corporation, or porscripts, recordings, or minutes required
tions thereof, open to public observaby this part, which is otherwise acces
tion, but may not participate in the desible to such individual under the Pri
liberations at such meetings or record vacy Act (5 U.S.C. 552a).
any portion of such meetings by means (d) The requirements of chapter 33 of
of electronic or other devices or camtitle 44 of the United States Code shall eras. not apply to transcripts, recordings, and minutes described in $1101.7.
81101.4 Notice of meetings.
(a) The Corporation shall make a $1101.2 Definitions.
public announcement of the time, For the purposes of this part:
place, nd subject matter of each meetAgency means any agency, as defined ing, whether it is to be open or closed in 5 U.S.C. 552(e), headed by a collegial to the public, and the name and telebody composed of two or more individ- phone number of a Corporation official ual members, a majority of whom are who can respond to requests for inforappointed to such position by the mation about the meeting. President with the advice and consent (b) Such public announcement s of the Senate, and any subdivision be made at least one week before the thereof authorized to act on behalf of meeting unless a majority of the memthe agency.
bers determine by & recorded vote that Board means the Board of Directors the Corporation business requires that of the Corporation.
such meeting be called at an earlier Corporation means the United States date. If an earlier date is so estabEnrichment Corporation.
lished, the Corporation shall make
such public announcement at the earli- vote may be taken with respect to a seest practicable time.
ries of meetings, a portion or portions (c) Following a public announcement of which are proposed to be closed to required by paragraph (a) of this sec the public, or with respect to any infortion, the time or place of the meeting mation concerning such series of meetmay be changed only if the Corporation ings, so long as each meeting in such publicly announces the change at the series involves the same particular earliest practicable time. The subject matters and is scheduled to be held no matter of a meeting or the determina more than thirty (30) days after the tion to open or close a meeting or por initial meeting in such series. The vote tion of a meeting to the public may be of each member participating in such changed following the public announce- vote shall be recorded and no proxies ment required by paragraph (a) of this shall be allowed. section only if a majority of the mem- (b) Notwithstanding that the members determine by a recorded vote that bers may have already voted not to the Corporation business so requires close a meeting, whenever any person and that no earlier announcement of whose interests may be directly afthe change was possible and if the Cor- fected by a portion of a meeting reporation publicly announces such quests that the agency close such porchange and the vote of each member tion to the public for any of the reaupon such change at the earliest, prac sons referred to in paragraphs (e), (f), ticable time.
or (g) of $1101.6, the Board, upon re(d) In addition to any other means quest of any one of its members made which the Corporation may choose, prior to the commencement of such public announcements required by this portion, shall vote by recorded vote section shall be made by posting a no whether to close such portion of the tice in the reception area of the Cor- meeting. poration's headquarters at 6903 (c) Within one day of any vote taken Rockledge Drive, Bethesda, Maryland pursuant to this section, the Corpora20817.
tion shall make publicly available a (e) Immediately following each pub- written copy of such vote reflecting the lic announcement required by this sec- vote of each member on the question. If tion, notice of the time, place, and sub a portion of a meeting is to be closed to ject matter of a meeting, whether the the public, the Corporation shall, withmeeting is open or closed, any change in one day of the vote taken pursuant in one of the preceding, and the name to this section, make publicly availand phone number of the Corporation able a full written explanation of this official designated to respond to re action closing the portion together quests for information about the meet with a list of all persons expected to ing shall be submitted for publication attend the meeting and their affiliin the FEDERAL REGISTER.
ation. Information to be made publicly (1) Votes taken pursuant to this sec available pursuant to this paragraph tion may be conducted through any (c) shall be posted in the reception area means which the Corporation Board de- of the Corporation's headquarters. termines are appropriate, including a (d) For every meeting closed pursunotation voting process.
ant to 1101.6, there shall be a certifi
cation by the General Counsel of the $1101.5 Procedure for closing meet Corporation stating whether, in his or
her opinion, the meeting may be closed (a) Action under $1101.6 to close a to the public and each relevant exempmeeting shall be taken only when a tive provision. A copy of such certifimajority of the members vote to take cation shall be retained by the Corsuch action. A separate vote shall be poration and shall be made publicly taken with respect to each meeting, a available. portion or portions of which are pro- (e) Votes taken pursuant to this secposed to be closed to the public pursu tion may be conducted through any ant to $1101.6, or with respect to any means which the Corporation Board deinformation which is proposed to be termines are appropriate, including a withheld pursuant to $1101.6. A single notation voting process.
81101.6 Criteria for closing meetings. or information which if written would Except in a case where the Board
be contained in such records, but only finds that the public interest requires
to the extent that the production of
to otherwise, the second sentence of such records or insormation would: 81101.3(a) shall not apply to any por
(1) Interfere with enforcement protion of a meeting and such portion may
ceedings, be closed to the public, an the require
(2) Deprive a person of a right to a ments of $$ 1101.4 and 1101.5 (a), (b), and
fair trial or an impartial adjudication, (c) shall not apply to any information
(3) Constitute an unwarranted invapertaining to such meeting otherwise
sion of personal privacy, required by this part to be disclosed to
(4) Disclose the identity of a conthe public, where the Board properly
fidential source and, in the case of a determines that such portion or por
record compiled by a criminal law entions of its meeting or the disclosure of
forcement authority in the course of a such information is likely to:
criminal investigation, or by an agency (a) Disclose matters that are:
conducting a lawful national security (1) Specifically authorized under cri
intelligence investigation, confidential teria established by an Executive order information furnished only by the conto be kept secret in the interests of na- fidential source, tional defense or foreign policy and
(5) Disclose investigative techniques (2) In fact properly classified pursu
orgy and procedures, or ant to such Executive order;
(6) Endanger the life or physical safe(b) Relate solely to the internal per- ty of law enforcement personnel; sonnel rules and practices of the Cor (h) Disclose information contained in poration:
or related to examination, operating or (c) Disclose matters specifically ex condition reports prepared by, on beempted from disclosure by statute half of, or for the use of an agency re(other than 5 U.S.C. 552), provided that sponsible for the regulation or supersuch statute:
vision of financial institutions; (1) Requires that the matters be (1) Disclose information the prewithheld from the public in such a mature disclosure of which would be manner as to leave no discretion on the likely to significantly frustrate impleissue, or
mentation of a proposed action of an (2) Establishes particular criteria for agency, except that this provision shall withholding or refers to particular not apply in any instance where such types of matters to be withheld, includ- an agency has already disclosed to the ing section 1314 of the Atomic Energy public the content or nature of its proAct of 1954, as amended, 42 U.S.C. posed action, or where such an agency 2297b-13, with reference to trade secrets is required by law to make such discloand commercial and financial informa- sure on its own initiative prior to taktion, and section 148 of the Atomic En- ing final action on such proposal; or ergy Act of 1954, as amended, 42 U.S.C. (j) Specifically concern the Corpora2168, with reference to particular infor- tion's participation in a civil action or mation regarding the facilities leased proceeding, an action in a foreign court by the Corporation from the U.S. De or international tribunal, or an arbipartment of Energy;
tration, or the initiation, conduct, or (d) Disclose trade secrets and com- disposition by the Corporation of a parmercial or financial information ob ticular case of formal agency adjudicatained from a person and privileged or tion pursuant to the procedures in 5 confidential;
U.S.C. 554 or otherwise involving a de(e) Involve accusing any person of a termination on the record after opporcrime, or formally censuring any per- tunity for a hearing. son;
(1) Disclose information of a personal $1101.7 Transcripts of closed moetnature where disclosure would con- ings. stitute a clearly unwarranted invasion (a) For every meeting closed pursuof personal privacy;
ant to $1101.6, the presiding officer of (8) Disclose investigatory records the meeting shall prepare a statement compiled for law enforcement purposes, setting forth the time and place of the
Government in the Sunshine Act, 5 U.S.C. 552b.
PART 1102-PROCEDURES FOR DIS
CLOSURE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT
Sec. 1102.1 Purpose. 1102.2 Definitions. 1102.3 Policy. 1102.4 Public reading room. 1102.5 Availability of records on request. 1102.6 Exemptions. 1102.7 Officials authorized to grant or deny
requests for records. 1102.8 Denials. 1102.9 Appeals of denials. 1102.10 Fees. 1102.11 Notice to submitters of certain in
formation. AUTHORITY: 5 U.S.C. 552.
SOURCE: 59 FR 27437, May 27, 1994, unless otherwise noted.
meeting, and the persons present, and such statement shall be retained by the Corporation.
(b) The Corporation shall maintain a complete transcript or electronic recording adequate to record fully the proceedings of each meeting, or portion of a meeting, closed to the public, except that in the case of a meeting, or portion of a meeting, closed to the public pursuant to paragraph (h) or (j) of $1101.6, the Corporation shall maintain either such a transcript or recording, or a set of minutes. Such minutes shall fully and clearly describe all matters discussed and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any rollcall vote (reflecting the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.
(c) The Corporation shall maintain a complete verbatim copy of the transcript, a complete copy of the minutes. or a complete electronic recording of each meeting, or portion of a meeting, closed to the public, for a period of at least two (2) years after such meeting, or until one year after the conclusion of any Corporation proceeding with respect to which the meeting or portion was held, whichever occurs later.
(d) Within a reasonable time after the adjournment of a meeting closed to the public, the Corporation shall make available to the public, at the Corporation's headquarters, the transcript, electronic recording, or minutes of the discussion of any item on the agenda, or of any item of the testimony of any witness received at the meeting, except for such item or items of such discussion or testimony as the Corporation determines to contain information which may be withheld under $1101.6. Copies of such transcript, electronic recording or minutes shall be furnished to any persons at the actual cost of duplication or transcription.
This part prescribes the procedures by which records of the United States Enrichment Corporation may be made available pursuant to section 1314 of the Atomic Energy Act of 1964, as amended, 42 U.S.C. 22976-13, and the Freedom of Information Act, 5 U.S.C. 552.
As used in this part Commercial use request means request from or on behalf of one who seeks information for a use or purpose that furthers the commercial, trade, or profit interests of the requester or the person on whose behalf the request is made. In determining whether a request for records properly belongs in this category, the Corporation will look to the use to which a requester will put the documents requested. When the Corporation has reasonable cause to doubt the use to which a requester will put the records sought, or where the use is not clear from the request itself, it will seek additional clarification before assigning the request to a specific category. If still in doubt, the Corporation will make the determination based on the factual circumstances surrounding
$1101.8 Report to Congress.
The Corporation shall report to the Congress annually regarding its compliance with the requirements of the
the request, including the identity of azines, or other materials acquired the requester.
solely for library purposes and availCorporation means the United States able through any officially designated Enrichment Corporation.
library of the Corporation, or records Duplication means the process of that have been prepared by a contracmaking a copy of a document nec- tor, and are available to the Corporaessary to respond to a FOIA request. tion pursuant to the terms of a conSuch copies can take the form of paper tract between the Corporation and the copy, microform, audio-visual mate contractor (e.g., the contract for the rials, or machine readable documenta operation and maintenance of the Cortion (e.g., magnetic tape or disk), poration's leased gaseous diffusion among others.
plants), but which have not been delivEducational institution means a pre- ered to the Corporation. school, a public or private elementary Representative of the news media or secondary school, an institution of means any person actively gathering graduate higher education, an institu news for an entity that is organized tion of undergraduate higher edu and operated to publish or broadcast cation, an institution of professional news to the public. The term "news" education, or an institution of voca means information that is about curtional education, which operates a pro- rent events or that would be of current gram or programs of scholarly re interest to the public. Examples of search.
news media entities include television FOIA means the Freedom of Informa or radio stations broadcasting to the tion Act, 5 U.S.C. 552.
public at large and publishers of periFreedom of Information Officer means odicals (but only in those instances the person designated to administer when they can qualify as disseminators the FOIA at the Corporation's head of "news") who make their products quarters.
available for purchase or subscription General Counsel means the General by the general public. These examples Counsel of the Corporation or any Cor are not intended to be all-inclusive. poration attorney designated by the Moreover, as traditional methods of General Counsel as having responsibil news delivery evolve (e.g., electronic ity for counseling the Corporation on dissemination of newspapers through FOIA requests.
telecommunications services), such alHeadquarters means the Corporation's ternative media would be included in offices at 2 Democracy Center, 6903 this category. In the case of "freeRockledge Drive, Bethesda, Maryland lance" journalists, they will be re20817.
garded as working for a news organizaNon-commercial scientific institution tion if they can demonstrate a solid means an institution that is not oper- basis for expecting publication through ated on a “commercial” basis and that organization, even though not acwhich is operated solely for the pur- tually employed by it. pose of conducting scientific research, Review means the process of examinthe results of which are not intended to ing documents located in response to a promote any particular product or in commercial use request to determine dustry.
whether any portion of any document Records means books, papers, maps, located is permitted to be withheld. It photographs, or other documentary also includes processing any documents materials, regardless of physical form for disclosure, e.g., doing all that is or characteristics, made or received by necessary to excise them and otherwise the Corporation in connection with the prepare them for release. Review does transaction of the Corporation's busi not include time spent resolving genness and preserved by the Corporation eral legal or policy issues regarding the as evidence of the organization, func- application of exemptions. tions, policies, decisions, procedures, Search means all the time spent lookoperations, or other activities of the ing for material that is responsive to a Corporation or because of the informa- request, including page-by-page or linetional value of data in them. The term by-line identification of material withdoes not include inter alia, books, mag- in documents. The search should be