[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]


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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.

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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