From the U.S. Code Online via GPO Access
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[Laws in effect as of January 3, 2007]
[CITE: 5USC552b]

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             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                     PART I--THE AGENCIES GENERALLY
 
                   CHAPTER 5--ADMINISTRATIVE PROCEDURE
 
                 SUBCHAPTER II--ADMINISTRATIVE PROCEDURE

 
Sec. 552b. Open meetings

    (a) For purposes of this section--
        (1) the term ``agency'' means any agency, as defined in section 
    552(e) \1\ of this title, headed by a collegial body composed of two 
    or more individual members, a majority of whom are appointed to such 
    position by the President with the advice and consent of the Senate, 
    and any subdivision thereof authorized to act on behalf of the 
    agency;
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    \1\ See References in Text note below.
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        (2) the term ``meeting'' means the deliberations of at least the 
    number of individual agency members required to take action on 
    behalf of the agency where such deliberations determine or result in 
    the joint conduct or disposition of official agency business, but 
    does not include deliberations required or permitted by subsection 
    (d) or (e); and
        (3) the term ``member'' means an individual who belongs to a 
    collegial body heading an agency.

    (b) Members shall not jointly conduct or dispose of agency business 
other than in accordance with this section. Except as provided in 
subsection (c), every portion of every meeting of an agency shall be 
open to public observation.
    (c) Except in a case where the agency finds that the public interest 
requires otherwise, the second sentence of subsection (b) shall not 
apply to any portion of an agency meeting, and the requirements of 
subsections (d) and (e) shall not apply to any information pertaining to 
such meeting otherwise required by this section to be disclosed to the 
public, where the agency properly determines that such portion or 
portions of its meeting or the disclosure of such information is likely 
to--
        (1) disclose matters that are (A) specifically authorized under 
    criteria established by an Executive order to be kept secret in the 
    interests of national defense or foreign policy and (B) in fact 
    properly classified pursuant to such Executive order;
        (2) relate solely to the internal personnel rules and practices 
    of an agency;
        (3) disclose matters specifically exempted from disclosure by 
    statute (other than section 552 of this title), provided that such 
    statute (A) requires that the matters be withheld from the public in 
    such a manner as to leave no discretion on the issue, or (B) 
    establishes particular criteria for withholding or refers to 
    particular types of matters to be withheld;
        (4) disclose trade secrets and commercial or financial 
    information obtained from a person and privileged or confidential;
        (5) involve accusing any person of a crime, or formally 
    censuring any person;
        (6) disclose information of a personal nature where disclosure 
    would constitute a clearly unwarranted invasion of personal privacy;
        (7) disclose investigatory records compiled for law enforcement 
    purposes, or information which if written would be contained in such

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    records, but only to the extent that the production of such records 
    or information would (A) interfere with enforcement proceedings, (B) 
    deprive a person of a right to a fair trial or an impartial 
    adjudication, (C) constitute an unwarranted invasion of personal 
    privacy, (D) 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, 
    (E) disclose investigative techniques and procedures, or (F) 
    endanger the life or physical safety of law enforcement personnel;
        (8) 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) disclose information the premature disclosure of which 
    would--
            (A) in the case of an agency which regulates currencies, 
        securities, commodities, or financial institutions, be likely to 
        (i) lead to significant financial speculation in currencies, 
        securities, or commodities, or (ii) significantly endanger the 
        stability of any financial institution; or
            (B) in the case of any agency, be likely to significantly 
        frustrate implementation of a proposed agency action,

    except that subparagraph (B) shall not apply in any instance where 
    the agency has already disclosed to the public the content or nature 
    of its proposed action, or where the agency is required by law to 
    make such disclosure on its own initiative prior to taking final 
    agency action on such proposal; or
        (10) specifically concern the agency's issuance of a subpena, or 
    the agency'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 
    agency of a particular case of formal agency adjudication pursuant 
    to the procedures in section 554 of this title or otherwise 
    involving a determination on the record after opportunity for a 
    hearing.

    (d)(1) Action under subsection (c) shall be taken only when a 
majority of the entire membership of the agency (as defined in 
subsection (a)(1)) votes to take such action. A separate vote of the 
agency members shall be taken with respect to each agency meeting a 
portion or portions of which are proposed to be closed to the public 
pursuant to subsection (c), or with respect to any information which is 
proposed to be withheld under subsection (c). A single vote may be taken 
with respect to a series of meetings, a portion or portions of which are 
proposed to be closed to the public, or with respect to any information 
concerning such series of meetings, so long as each meeting in such 
series involves the same particular matters and is scheduled to be held 
no more than thirty days after the initial meeting in such series. The 
vote of each agency member participating in such vote shall be recorded 
and no proxies shall be allowed.
    (2) Whenever any person whose interests may be directly affected by 
a portion of a meeting requests that the agency close such portion to 
the public for any of the reasons referred to in paragraph (5), (6), or 
(7) of subsection (c), the agency, upon request of any one of its 
members, shall vote by recorded vote whether to close such meeting.
    (3) Within one day of any vote taken pursuant to paragraph (1) or 
(2), the agency shall make publicly available a written copy of such 
vote reflecting the vote of each member on the question. If a portion of 
a meeting is to be closed to the public, the agency shall, within one 
day of the vote taken pursuant to paragraph (1) or (2) of this 
subsection, make publicly available a full written explanation of its 
action closing the portion together with a list of all persons expected 
to attend the meeting and their affiliation.
    (4) Any agency, a majority of whose meetings may properly be closed 
to the public pursuant to paragraph (4), (8), (9)(A), or (10) of 
subsection (c), or any combination thereof, may provide by regulation 
for the closing of such meetings or portions thereof in the event that a 
majority of the members of the agency votes by recorded vote at the 
beginning of such meeting, or portion thereof, to close the exempt 
portion or portions of the meeting, and a copy of such vote, reflecting 
the vote of each member on the question, is made available to the 
public. The provisions of paragraphs (1), (2), and (3) of this 
subsection and subsection (e) shall not apply to any portion of a 
meeting to which such regulations apply: Provided, That the agency 
shall, except to the extent that such information is exempt from 
disclosure under the provisions of subsection (c), provide the public 
with public announcement of the time, place, and subject matter of the 
meeting and of each portion thereof at the earliest practicable time.
    (e)(1) In the case of each meeting, the agency shall make public 
announcement, at least one week before the meeting, of the time, place, 
and subject matter of the meeting, whether it is to be open or closed to 
the public, and the name and phone number of the official designated by 
the agency to respond to requests for information about the meeting. 
Such announcement shall be made unless a majority of the members of the 
agency determines by a recorded vote that agency business requires that 
such meeting be called at an earlier date, in which case the agency 
shall make public announcement of the time, place, and subject matter of 
such meeting, and whether open or closed to the public, at the earliest 
practicable time.
    (2) The time or place of a meeting may be changed following the 
public announcement required by paragraph (1) only if the agency 
publicly announces such change at the earliest practicable time. The 
subject matter of a meeting, or the determination of the agency to open 
or close a meeting, or portion of a meeting, to the public, may be 
changed following the public announcement required by this subsection 
only if (A) a majority of the entire membership of the agency determines 
by a recorded vote that agency business so requires and that no earlier 
announcement of the change was possible, and (B)

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the agency publicly announces such change and the vote of each member 
upon such change at the earliest practicable time.
    (3) Immediately following each public announcement required by this 
subsection, notice of the time, place, and subject matter of a 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, 
shall also be submitted for publication in the Federal Register.
    (f)(1) For every meeting closed pursuant to paragraphs (1) through 
(10) of subsection (c), the General Counsel or chief legal officer of 
the agency shall publicly certify that, in his or her opinion, the 
meeting may be closed to the public and shall state each relevant 
exemptive provision. A copy of such certification, together with a 
statement from the presiding officer of the meeting setting forth the 
time and place of the meeting, and the persons present, shall be 
retained by the agency. The agency 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 (8), (9)(A), or (10) of subsection (c), the agency 
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.
    (2) The agency shall make promptly available to the public, in a 
place easily accessible to the public, the transcript, electronic 
recording, or minutes (as required by paragraph (1)) 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 agency determines to contain information 
which may be withheld under subsection (c). 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 agency 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 years after such 
meeting, or until one year after the conclusion of any agency proceeding 
with respect to which the meeting or portion was held, whichever occurs 
later.
    (g) Each agency subject to the requirements of this section shall, 
within 180 days after the date of enactment of this section, following 
consultation with the Office of the Chairman of the Administrative 
Conference of the United States and published notice in the Federal 
Register of at least thirty days and opportunity for written comment by 
any person, promulgate regulations to implement the requirements of 
subsections (b) through (f) of this section. Any person may bring a 
proceeding in the United States District Court for the District of 
Columbia to require an agency to promulgate such regulations if such 
agency has not promulgated such regulations within the time period 
specified herein. Subject to any limitations of time provided by law, 
any person may bring a proceeding in the United States Court of Appeals 
for the District of Columbia to set aside agency regulations issued 
pursuant to this subsection that are not in accord with the requirements 
of subsections (b) through (f) of this section and to require the 
promulgation of regulations that are in accord with such subsections.
    (h)(1) The district courts of the United States shall have 
jurisdiction to enforce the requirements of subsections (b) through (f) 
of this section by declaratory judgment, injunctive relief, or other 
relief as may be appropriate. Such actions may be brought by any person 
against an agency prior to, or within sixty days after, the meeting out 
of which the violation of this section arises, except that if public 
announcement of such meeting is not initially provided by the agency in 
accordance with the requirements of this section, such action may be 
instituted pursuant to this section at any time prior to sixty days 
after any public announcement of such meeting. Such actions may be 
brought in the district court of the United States for the district in 
which the agency meeting is held or in which the agency in question has 
its headquarters, or in the District Court for the District of Columbia. 
In such actions a defendant shall serve his answer within thirty days 
after the service of the complaint. The burden is on the defendant to 
sustain his action. In deciding such cases the court may examine in 
camera any portion of the transcript, electronic recording, or minutes 
of a meeting closed to the public, and may take such additional evidence 
as it deems necessary. The court, having due regard for orderly 
administration and the public interest, as well as the interests of the 
parties, may grant such equitable relief as it deems appropriate, 
including granting an injunction against future violations of this 
section or ordering the agency to make available to the public such 
portion of the transcript, recording, or minutes of a meeting as is not 
authorized to be withheld under subsection (c) of this section.
    (2) Any Federal court otherwise authorized by law to review agency 
action may, at the application of any person properly participating in 
the proceeding pursuant to other applicable law, inquire into violations 
by the agency of the requirements of this section and afford such relief 
as it deems appropriate. Nothing in this section authorizes any Federal 
court having jurisdiction solely on the basis of paragraph (1) to set 
aside, enjoin, or invalidate any agency action (other than an action to 
close a meeting or to withhold information under this section) taken or 
discussed at any agency meeting out of which the violation of this 
section arose.
    (i) The court may assess against any party reasonable attorney fees 
and other litigation costs reasonably incurred by any other party who 
substantially prevails in any action brought

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in accordance with the provisions of subsection (g) or (h) of this 
section, except that costs may be assessed against the plaintiff only 
where the court finds that the suit was initiated by the plaintiff 
primarily for frivolous or dilatory purposes. In the case of assessment 
of costs against an agency, the costs may be assessed by the court 
against the United States.
    (j) Each agency subject to the requirements of this section shall 
annually report to the Congress regarding the following:
        (1) The changes in the policies and procedures of the agency 
    under this section that have occurred during the preceding 1-year 
    period.
        (2) A tabulation of the number of meetings held, the exemptions 
    applied to close meetings, and the days of public notice provided to 
    close meetings.
        (3) A brief description of litigation or formal complaints 
    concerning the implementation of this section by the agency.
        (4) A brief explanation of any changes in law that have affected 
    the responsibilities of the agency under this section.

    (k) Nothing herein expands or limits the present rights of any 
person under section 552 of this title, except that the exemptions set 
forth in subsection (c) of this section shall govern in the case of any 
request made pursuant to section 552 to copy or inspect the transcripts, 
recordings, or minutes described in subsection (f) of this section. The 
requirements of chapter 33 of title 44, United States Code, shall not 
apply to the transcripts, recordings, and minutes described in 
subsection (f) of this section.
    (l) This section does not constitute authority to withhold any 
information from Congress, and does not authorize the closing of any 
agency meeting or portion thereof required by any other provision of law 
to be open.
    (m) Nothing in this section authorizes any agency to withhold from 
any individual any record, including transcripts, recordings, or minutes 
required by this section, which is otherwise accessible to such 
individual under section 552a of this title.

(Added Pub. L. 94-409, Sec. 3(a), Sept. 13, 1976, 90 Stat. 1241; amended 
Pub. L. 104-66, title III, Sec. 3002, Dec. 21, 1995, 109 Stat. 734.)

                       References in Text

    Section 552(e) of this title, referred to in subsec. (a)(1), was 
redesignated section 552(f) of this title by section 1802(b) of Pub. L. 
99-570.
    180 days after the date of enactment of this section, referred to in 
subsec. (g), means 180 days after the date of enactment of Pub. L. 94-
409, which was approved Sept. 13, 1976.


                               Amendments

    1995--Subsec. (j). Pub. L. 104-66 amended subsec. (j) generally. 
Prior to amendment, subsec. (j) read as follows: ``Each agency subject 
to the requirements of this section shall annually report to Congress 
regarding its compliance with such requirements, including a tabulation 
of the total number of agency meetings open to the public, the total 
number of meetings closed to the public, the reasons for closing such 
meetings, and a description of any litigation brought against the agency 
under this section, including any costs assessed against the agency in 
such litigation (whether or not paid by the agency).''


                             Effective Date

    Section 6 of Pub. L. 94-409 provided that:
    ``(a) Except as provided in subsection (b) of this section, the 
provisions of this Act [see Short Title note set out below] shall take 
effect 180 days after the date of its enactment [Sept. 13, 1976].
    ``(b) Subsection (g) of section 552b of title 5, United States Code, 
as added by section 3(a) of this Act, shall take effect upon enactment 
[Sept. 13, 1976].''


                      Short Title of 1976 Amendment

    Section 1 of Pub. L. 94-409 provided: ``That this Act [enacting this 
section, amending sections 551, 552, 556, and 557 of this title, section 
10 of Pub. L. 92-463, set out in the Appendix to this title, and section 
410 of Title 39, and enacting provisions set out as notes under this 
section] may be cited as the `Government in the Sunshine Act'.''


                  Termination of Reporting Requirements

    For termination, effective May 15, 2000, of provisions of law 
requiring submittal to Congress of any annual, semiannual, or other 
regular periodic report listed in House Document No. 103-7 (in which the 
report required by subsec. (j) of this section is listed on page 151), 
see section 3003 of Pub. L. 104-66, as amended, set out as a note under 
section 1113 of Title 31, Money and Finance.

        Termination of Administrative Conference of United States

    For termination of Administrative Conference of United States, see 
provision of title IV of Pub. L. 104-52, set out as a note preceding 
section 591 of this title.


             Declaration of Policy and Statement of Purpose

    Section 2 of Pub. L. 94-409 provided that: ``It is hereby declared 
to be the policy of the United States that the public is entitled to the 
fullest practicable information regarding the decisionmaking processes 
of the Federal Government. It is the purpose of this Act [see Short 
Title note set out above] to provide the public with such information 
while protecting the rights of individuals and the ability of the 
Government to carry out its responsibilities.''