; (B) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or (C) a part of an ongoing criminal investigation. 108. Other personnel (a) Appointment, removal, and definition of duties Except as otherwise provided in the bylaws of IFA, the Chief Executive Officer, in consultation with the Board of Directors, shall appoint, remove, and define the duties of such qualified personnel as are necessary to carry out the powers, duties, and purpose of IFA, other than senior management, who shall be appointed in accordance with section 105. (b) Coordination in identifying qualifications and expertise In appointing qualified personnel pursuant to subsection (a), the Chief Executive Officer shall coordinate with, and seek assistance from, the Secretary of Transportation in identifying the appropriate qualifications and expertise in infrastructure project finance. 109. Compliance The provision of assistance by IFA pursuant to this Act does not supersede any provision of State law or regulation otherwise applicable to an eligible infrastructure project. II Terms and limitations on direct loans and loan guarantees 201. Eligibility criteria for assistance from IFA and terms and limitations of loans (a) Public benefit; financeability A project is not be eligible for financial assistance from IFA under this Act if— (1) the use or purpose of such project is private or such project does not create a public benefit, as determined by the Board of Directors