[Federal Register Volume 64, Number 90 (Tuesday, May 11, 1999)]
[Proposed Rules]
[Pages 25260-25263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11882]
=======================================================================
-----------------------------------------------------------------------
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Part 2505
RIN 3045-AA21
Rules Implementing the Government in the Sunshine Act
AGENCY: Corporation for National and Community Service.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: These proposed rules will implement provisions of the
Government in the Sunshine Act (Sunshine Act). The Sunshine Act applies
to meetings of agencies of the United States government that are headed
by collegial bodies composed of two or more members, a majority of whom
are appointed by the President with the advice and consent of the
Senate. The Act provides that meetings, as defined in the Act, shall be
held in public except where stated exemptions apply. The Sunshine Act
applies to meetings of the Board of Directors of the Corporation for
National and Community Service(the Corporation). The Corporation
invites comments from the public on these proposed rules.
DATES: The Corporation will consider public comments received on or
before July 12, 1999.
ADDRESSES: Comments may be mailed or delivered to Frank Trinity,
Associate General Counsel, Corporation for National and Community
Service, 1201 New York Avenue NW, Washington, DC 20525, sent by
facsimile transmission to (202) 565-2796, or sent electronically to:
[email protected]. Copies of all communications received will be
available for review at the Corporation by members of the public.
FOR FURTHER INFORMATION CONTACT: Frank Trinity, Associate General
Counsel, Corporation for National and Community Service, (202) 606-
5000, ext. 256. T.D.D. (202) 565-2799.
This notice may be requested in an alternative format for persons
with visual impairments.
[[Page 25261]]
SUPPLEMENTARY INFORMATION: The Corporation for National and Community
Service (Corporation) is a Government corporation established in 1993
that administers programs under the Domestic Volunteer Service Act of
1973 and the National and Community Service Act of 1990. In 1993,
Congress also established the Corporation's Board of Directors (the
Board) and directed that members of the Board be appointed by the
President and confirmed by the Senate. The Board has several statutory
responsibilities, including the review and approval of specific plans
and proposals submitted by the Corporation's Chief Executive Officer
under the national service laws. To carry out its statutory duties, the
Board meets at least three times per year.
The Sunshine Act defines meetings and sets certain requirements for
advance public notice of such meetings (5 U.S.C. 552b(e)) and permits
agencies to close the meetings to public attendance and to withhold
information regarding meetings when an agency finds that any of the ten
exemptions enumerated in the Sunshine Act applies, 5 U.S.C. 552b(c).
The Sunshine Act provides for procedures that must be followed by
agencies in invoking an exemption, 5 U.S.C. 552b(d), (f). The Sunshine
Act requires agencies to adopt, after opportunity for public comment,
regulations to implement the Sunshine Act, 5 U.S.C. 552b(g). Consistent
with this requirement, the Corporation proposes regulations to
implement the provisions of 5 U.S.C. 552b(b)-(f). The proposed
regulations are intended to follow the exemptions provided in the
Sunshine Act and to implement fully the Sunshine Act's procedural
requirements regarding public notice of meetings, availability of
transcripts or other records of meetings, and closure of meetings.
Executive Order 12866
The Corporation has determined that this regulatory action is not a
``significant'' rule within the meaning of Executive Order 12866
because it is not likely to result in: (1) an annual effect on the
economy of $100 million or more, or an adverse and material effect on a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
government or communities; (2) the creation of a serious inconsistency
or interference with an action taken or planned by another agency; (3)
a material alteration in the budgetary impacts of entitlement, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or (4) the raising of novel legal or policy issues arising out
of legal mandates, the President's priorities, or the principles set
forth in Executive Order 12866.
Regulatory Flexibility Act
The Corporation has determined that this regulatory action will not
result in (1) an annual effect on the economy of $100 million or more;
(2) a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; or (3) significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based enterprises to compete with foreign-based enterprises in
domestic and export markets. Therefore, the Corporation has not
performed the initial regulatory flexibility analysis that is required
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) for major
rules that are expected to have such results.
Other Impact Analyses
Because the proposed changes do not authorize any information
collection activity this regulatory action is not subject to review and
approval under the Paperwork Reduction Act of 1995 (44 U.S.C. 3500 et
seq.).
For purposes of Title II of the Unfunded Mandates Reform Act of
1995, 2 U.S.C. 1531-1538, as well as Executive Order 12875, this
regulatory action does not contain any federal mandate that may result
in increased expenditures in either Federal, State, local, or tribal
governments in the aggregate, or impose an annual burden exceeding $100
million on the private sector.
List of Subjects in 45 CFR Part 2505
Sunshine Act.
For the reasons stated in the preamble, part 2505 of chapter XXV,
title 45 of the Code of Federal Regulations is proposed to be added to
read as follows:
PART 2505--RULES IMPLEMENTING THE GOVERNMENT IN THE SUNSHINE ACT
Sec.
2505.1 Applicability.
2505.2 Definitions.
2505.3 To what extent are meetings of the Board open to the public?
2505.4 On what grounds may the Board close a meeting or withhold
information?
2505.5 What are the procedures for closing a meeting, withholding
information, and responding to requests by affected persons to close
a meeting?
2505.6 What are the procedures for making a public announcement of
a meeting?
2505.7 What are the procedures for changing the time or place of a
meeting following the public announcement?
Authority: 5 U.S.C. 552b; 42 U.S.C. 12651c(c)
Sec. 2505.1 Applicability.
(a) This part implements the provisions of section 3(a) of the
Government in the Sunshine Act (5 U.S.C. 552b). These procedures apply
to meetings of the Corporation's Board of Directors, or to any
subdivision of the Board that is authorized to act on its behalf. The
Board of Directors may waive the provisions of this part to the extent
authorized by law.
(b) Nothing in this part expands or limits the present rights of
any person under the Freedom of Information Act (5 U.S.C. 552), except
that the exemptions set forth in Sec. 2505.4 shall govern in the case
of any request made pursuant to the Freedom of Information Act to copy
or inspect the transcript, recording, or minutes described in
Sec. 2505.5.
(c) Nothing is this part authorizes the Corporation to withhold
from any individual any record, including transcripts, recordings, or
minutes required by this part, which is otherwise accessible to such
individual under the Privacy Act (5 U.S.C. 552a).
Sec. 2505.2 Definitions.
As used in this part:
(a) Board means the Board of Directors established pursuant to 42
U.S.C. 12651a, or any subdivision of the Board that is authorized to
act on its behalf.
(b) Chairperson means the Member elected by the Board to serve as
Chairperson.
(c) General Counsel means the Corporation's principal legal officer
or other attorney acting at the designation of the Corporation's
principal legal officer.
(d) Corporation means the Corporation for National and Community
Service established pursuant to 42 U.S.C. 12651.
(e) Meeting means the deliberations of at least a quorum of the
Corporation's Board of Directors where such deliberations determine or
result in the joint conduct or disposition of official Corporation
business. A meeting may be conducted under this part through telephone
or similar communications equipment by means of which all participants
may communicate with each other. The term meeting includes a portion
thereof. The term meeting does not include:
[[Page 25262]]
(1) Notation voting or similar consideration of business, whether
by circulation of material to the Members individually in writing or by
a polling of the members individually by telephone.
(2) Action by a quorum of the Board to--
(i) Open or to close a meeting or to release or to withhold
information pursuant to Sec. 2505.5;
(ii) Set an agenda for a proposed meeting;
(iii) Call a meeting on less than seven days' notice as permitted
by Sec. 2505.6(b); or
(iv) Change the subject-matter or the determinations to open or to
close a publicly announced meeting under Sec. 2505.7(b).
(3) A gathering for the purpose of receiving briefings from the
Corporation's staff or expert consultants, provided that Members of the
Board do not engage in deliberations at such sessions that determine or
result in the joint conduct or disposition of official Corporation
business on such matters.
(4) A gathering for the purpose of engaging in preliminary
discussions or exchanges of views that do not effectively predetermine
official Corporation action on a particular matter.
(f) Member means a current member of the Corporation's Board of
Directors.
(g) Presiding Officer means the Chairperson or, in the absence of
the Chairperson, the Vice Chairperson of the Board of Directors or
other member authorized to act in this capacity by the Board.
(h) Quorum means the number of Members authorized to conduct
Corporation business pursuant to the Board's bylaws.
Sec. 2505.3 To what extent are meetings of the Board open to the
public?
The Board shall conduct meetings, as defined in Sec. 2505.2, in
accordance with this part. Except as provided in Sec. 2505.4, the
Board's meetings shall be open to the public. The public is invited to
attend all meetings of the Board that are open to the public but may
not participate in the Board's deliberations at such meetings or record
any meeting by means of electronic, photographic, or other device.
Sec. 2505.4 On what grounds may the Board close a meeting or withhold
information?
The Board may close a meeting or withhold information that
otherwise would be required to be disclosed under Secs. 2505.5, 2505.6
and 2505.7 if it properly determines that an open meeting or disclosure
is likely to--
(a) Disclose matters that are--
(1) Specifically authorized under criteria 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 U.S.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;
(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;
(f) Disclose information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of personal privacy;
(g) 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 institution;
(i) Disclose information the premature disclosure of which would be
likely to significantly frustrate implementation of a proposed action
of the Corporation, except that this provision shall not apply in any
instance where the Corporation has already disclosed to the public the
content or nature of its proposed action, or where the Corporation is
required by law to make such disclosure on its own initiative prior to
taking final action; or
(j) Specifically concerning the Corporation's issuance of a
subpoena or 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 adjudication pursuant to the
procedures in 5 U.S.C. 554 or otherwise involving a determination on
the record after opportunity for a hearing.
Sec. 2505.5 What are the procedures for closing a meeting, withholding
information, and responding to requests by affected persons to close a
meeting?
(a) The Board may vote to close a meeting or withhold information
pertaining to a meeting. Such action may be taken only when a majority
of the entire membership of the Board votes to take such action. A
separate vote shall be taken with respect to each action under
Sec. 2505.4. The Board may act by taking a single vote with respect to
a series of meetings which are proposed to be closed to the public, or
with respect to any information concerning a series of meetings, so
long as each meeting in the series involves the same particular matters
and is scheduled to be held no more than thirty days after the initial
meeting in the series. Each Member's vote under this paragraph shall be
recorded and no proxies shall be allowed.
(b) If your interests may be directly affected if a meeting is open
you may request that the Board close the meeting on one of the grounds
referred to in Sec. 2505.4(e), (f), or (g).You should submit your
request to the Office of the General Counsel, Corporation for National
and Community Service, 1201 New York Avenue NW, Washington, DC 20525.
The Board shall, upon the request of any one of its members, determine
by recorded vote whether to grant your request.
(c) Within one working day of any vote taken pursuant to this
section, the Board shall make publicly available a written copy of such
vote reflecting the vote of each Member on the question. If a meeting
is to be closed to the public, the Board shall, within one working day,
make available a full written explanation of its action closing the
meeting and a list of all persons expected to attend the meeting and
their affiliation.
[[Page 25263]]
(d) For each closed meeting, the General Counsel shall publicly
certify that, in his or her opinion, the meeting may be closed to the
public and shall state each relevant exemption relied upon. A copy of
the certification shall be available for public inspection.
(e) For each closed meeting, the Board shall issue a statement
setting forth the time, place, and persons present. A copy of such
statement shall be available for public inspection.
(f) (1) For each closed meeting, with the exception of a meeting
closed pursuant to Sec. 2505.4(h) or (j), the Board shall maintain a
complete transcript or electronic recording adequate to record fully
the proceedings of each meeting.
(2) For meetings that are closed pursuant to Sec. 2505.4(h) or (j),
the Board may maintain a set of minutes in lieu of a transcript or
recording. 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 vote. All documents
considered in connection with any action shall be identified in such
minutes.
(3) The Corporation shall make promptly available to the public, in
a place easily accessible to the public, 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 properly
withheld. Copies of such transcript, or minutes, or a transcription of
such recording disclosing the identity of each speaker, shall be
furnished to any person at the actual cost of duplication or
transcription. The Corporation shall maintain the transcript,
recording, or minutes for each closed meeting for at least two years or
at least one year after the conclusion of any Corporation business
acted upon at the meeting, whichever occurs later.
Sec. 2505.6 What are the procedures for making a public announcement
of a meeting?
(a) For each meeting, the Board shall make a public announcement,
at least one week before the meeting, of--
(1) The meeting's time and place;
(2) The matters to be considered;
(3) Whether the meeting is to be open or closed; and
(4) The name and business telephone number of the official
designated by the Board to respond to requests for information about
the meeting.
(b) The one week advance notice required by paragraph (a) of this
section may be reduced only if--
(1) The Board determines by recorded vote that Board business
requires that the meeting be scheduled in less than seven days; and
(2) The public announcement required by paragraph (a) of this
section is made at the earliest practicable time and posted on the
Corporation's home page.
(c) Immediately following a public announcement required by
paragraph (a) of this section, the Corporation will submit for
publication in the Federal Register a notice of the time, place, and
subject-matter of the meeting, whether the meeting is open or closed,
any change in one of the preceding, and the name and phone number of
the official designated by the agency to respond to requests for
information about the meeting.
Sec. 2505.7 What are the procedures for changing the time or place of
a meeting following the public announcement?
(a) After there has been a public announcement of a meeting, the
time or place of the meeting may be changed only if the Board publicly
announces the change at the earliest practicable time. Such a change
need not be determined by recorded vote.
(b) After there has been a public announcement of a meeting, the
subject-matter of the meeting, or the determination of the Board to
open or to close a meeting may be changed only when--
(1) The Board determines, by recorded vote, that Board business so
requires and that no earlier announcement of the change was possible;
and
(2) The Board publicly announces the change and the vote of each
Member at the earliest practicable time.
(c) The deletion of any subject-matter previously announced for a
meeting is not a change requiring the approval of the Board under
paragraph (b) of this section.
Dated: May 6, 1999.
Thomas L. Bryant,
Acting General Counsel.
[FR Doc. 99-11882 Filed 5-10-99; 8:45 am]
BILLING CODE 6050-28-P