[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR614.2]



[Page 137-138]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 614_GOVERNMENT IN THE SUNSHINE ACT REGULATIONS OF THE NATIONAL 

SCIENCE BOARD--Table of Contents

 

Sec. 614.2  Grounds for closing meetings.



    (a) The National Science Board may by record vote close any portion 

of any meeting if it properly determines that an open meeting:

    (1) Is likely to disclose matters that (i) are specifically 

authorized under criteria established by Executive Order to be kept 

secret in the interests of national defense or foreign policy and (ii) 

are in fact properly classified pursuant to the Executive Order;

    (2) Is likely to relate solely to the internal personnel rules and 

practices of the National Science Foundation;

    (3) Is likely to disclose matters specifically exempted from 

disclosure by statute (other than 5 U.S.C. 552): Provided, That the 

statute (i) requires in such a manner as to leave no discretion on the 

issue that the matters be withheld from the public, or (ii) establishes 

particular criteria for withholding or refers to particular types of 

matters to be withheld;

    (4) Is likely to disclose trade secrets and commercial or financial 

information obtained from a person and privileged or confidential;

    (5) Is likely to involve accusing any person of a crime, or formally 

censuring any person;

    (6) Is likely to disclose personal information where the disclosure 

would constitute a clearly unwarranted invasion of personal privacy;

    (7) Is likely to disclose investigatory law-enforcement records, or 

information which, if written, would be contained in such records, but 

only to the extent provided in 5 U.S.C. 552b(c)(7);

    (8) Is likely to 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;

    (9) Is likely to disclose information, the premature disclosure of 

which would:

    (i) In the case of information received from an agency which 

regulates currencies, securities, commodities, or financial 

institutions, be likely to (A) lead to significant financial speculation 

in currencies, securities, or commodities, or (B) significantly endanger 

the stability of any financial institution; or

    (ii) Be likely to significantly frustrate implementation of a 

proposed Foundation action, unless the Foundation has already disclosed 

to the public the content or nature of its proposed action or is 

required by law to make



[[Page 138]]



such disclosure on its own initiative before taking final action; or

    (10) Is likely to specifically concern the Foundation's 

participation in a civil action or proceeding, an action in a foreign 

court or international tribunal, or an arbitration.

    (b) Anyone who believes his interests may be directly affected by a 

portion of a meeting may request that the Board close it to the public 

for any reason referred to in paragraph (a) (5), (6), or (7) of this 

section. The request should be addressed to the Executive Officer, 

National Science Board, National Science Foundation, 4201 Wilson 

Boulevard, Arlington, VA 22230. It will be circulated to Members of the 

Board if received at least three full days before the meeting, and on 

motion of any Member the Board will determine by record vote whether to 

close the affected portion of the meeting.



[42 FR 14719, Mar. 16, 1977, as amended at 59 FR 37438, July 22, 1994]