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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.
Except in a case where the Board finds that the public interest requires otherwise, the second sentence of $1101.3(a) shall not apply to any portion of a meeting and such portion may be closed to the public, an the requirements of 88 1101.4 and 1101.5 (a), (b), and (c) shall not apply to any information pertaining to such meeting otherwise required by this part to be disclosed to the public, where the Board properly determines that such portion or portions of its meeting or the disclosure of such information is likely to:
(a) Disclose matters that are:
(1) Specifically authorized under cri. teria established by an Executive order to be kept secret in the interests of national defense or foreign policy and
(2) In fact properly classified pursuant to such Executive order;
(b) Relate solely to the internal personnel rules and practices of the Corporation:
(c) Disclose matters specifically exempted from disclosure by statute (other than 5 US.C. 552), provided that such statute:
(1) Requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or
(2) Establishes particular criteria for withholding or refers to particular types of matters to be withheld, including section 1314 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 22976–13, with reference to trade secrets and commercial and financial information, and section 148 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2168, with reference to particular information regarding the facilities leased by the Corporation from the U.S. Department of Energy;
(d) Disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential;
(e) Involve accusing any person of a crime, or formally censuring any person;
(1) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(8) Disclose investigatory records compiled for law enforcement purposes,
or information which if written would be contained in such records, but only to the extent that the production of such records or information would:
(1) Interfere with enforcement proceedings,
(2) Deprive a person of a right to a fair trial or an impartial adjudication,
(3) Constitute an unwarranted invasion of personal privacy,
(4) Disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source,
(5) Disclose investigative techniques and procedures, or
(6) Endanger the life or physical safety of law enforcement personnel;
(h) Disclose information contained in or related to examination, operating or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions;
(i) Disclose information the premature disclosure of which would be likely to significantly frustrate implementation of a proposed action of an agency, except that this provision shall not apply in any instance where such an agency has already disclosed to the public the content or nature of its proposed action, or where such an agency is required by law to make such disclosure on its own initiative prior to taking final action on such proposal; or
(j) Specifically concern the Corporation's participation in a civil action or proceeding, an action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by the Corporation of a particular case of formal agency adjudication pursuant to the procedures in 5 U.S.C. 554 or otherwise involving a determination on the record after opportunity for a hearing.
$1101.7 Transcripts of closed meet
ings. (a) For every meeting closed pursuant to $1101.6, the presiding officer of the meeting shall prepare a statement 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
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 1954, as amended, 42 U.S.C. 22976-13, and the Freedom of Information Act, 5 U.S.C. 652.
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