An Act to provide that meetings of Government agencies shall be open to the public, and for other purposes.
PL 94-409 (S.5), enacted 09/13/1976

PUBLIC LAW 94-409—SEPT. 13, 1976 
90 STAT. 1241 
Public Law 94-409 
94th Congress 
An Act 
To provide that meetings of Government agencies sliall be open to the public, 
and for other purpot-e . 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress asseinhled, That this Act may 
be cited as the "Gov^crnment in the Sunshine Act". 
DECLARATION OF POLICY 
SEC. 2. 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 to provide the public with such information while 
protecting the rights of individuals and the ability of the Government 
to carry out its responsibilities. 
OPEN 
MEETINGS 
SEC. 3. (a) Title 5, United States Code, is amended by adding after 
section 552a the following new section: 
"§ 552b. Open meetings 
"(a) For purposes of this section— 
"(1) the term 'agency' means any agency, as defined in section 
552(e) 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 Seriate, and ai^y subdivision thereof authorized to act on 
behalf of the agency; 
"(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 w^here such deliberations determine or 
result in the joint conduct or disposition of official agency busi-
ness, 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 sub-
section (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 inter-
est 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 pertain-
ing 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 
Sept. 13, 1976 
[S.5] 
Government in 
the Sunshine Act. 
5 u s e 552b note. 
5 u s e 552b note. 
5 u s e 552b. 
Definitions. 
5 u s e 552. 
90 STAT. 1242 
PUBLIC LAW 94-409—SEPT. 13, 1976 
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 
5 use 552. 
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 partic-
ular types of matters to be withheld; 
"(4) disclose trade secrets and commercial or financial informa-
tion obtained from a person and privileged or confidential; 
"(5) involve accusing any person of a crime, or formally cen-
suring 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 enforce-
ment purposes, or information which if written would be con-
tained in such records, but only to the extent that the production 
of such records or information would (A) interfere with enforce-
ment 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 con-
fidential source and, in the case of a record compiled by a criminal 
law enforcement authority in the course of a criminal investiga-
tion, or by an agency conducting a lawful national security 
intelligence investigation, confidential information 
furnished 
only by the confidential source, (E) disclose invastigative tech-
niques and procedures, or (F) endanger the life or physical safety 
of law enforcement personnel; 
"(8) disclose information contained in or related to examina-
tion, operating, or condition reports prepared by, on behalf of, or 
for the use of an agency responsible for the regulation or supervi-
sion 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 arbitra-
tion, or the initiation, conduct, or disposition by the agency of a 
particular case of formal agency adiudication pursuant to the 
5 use 554. 
procedures in section 554 of this title or otherwise involving a 
determination on the record after opportunity for a hearing. 
PUBLIC LAW 94-409—SEPT. 13, 1976 
90 STAT. 1243 
" ( d ) ( 1 ) Action under subsection (c) shall be taken only when a 
majority of the entire membership of the agency (as defined in sub-
section (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 pro-
posed 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 mem-
bers, 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 regula-
tion 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 meet-
ing 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 meet-
ing. 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 
Recorded voting. 
Copies, 
availability. 
Meeting closure, 
regulation. 
Public 
announcement. 
Scheduling, 
public 
announcement. 
Scheduling 
changes, public 
announcement. 
90 STAT. 1244 
PUBLIC LAW 94-409—SEPT. 13, 1976 
Scheduling 
notice, publi-
cation in Federal 
Register. 
Closed meetings, 
certification. 
Transcripts, 
recordings or 
minutes. 
Public 
availability. 
Retention. 
Publication in 
Federal Register. 
Regulations. 
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 subsec-
tion 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) 
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 desig-
nated 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 state-
ment 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 elec-
tronic 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 pur-
suant 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 record-
ing, 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 discus-
sion 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 lepst two years after such meet-
ing, 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 
PUBLIC LAW 94-409—SEPT. 13, 1976 
90 STAT. 1245 
Jurisdiction. 
Civil actions. 
of subsections (b) through (f) of this section. Any person may bring a Judicial 
proceeding in the United States District Court for the District of proceeding. 
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 pur-
suant to this subsection that are not in accord with the requirements of 
subsections (b) through (f) of this section and to require the pro-
mulgation of regulations that are in accord with such subsections. 
" (h) (1) The district courts of the United States shall have jurisdic-
tion 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 pur-
suant to this section at any time prior to sixty days after any public 
announcement of such meeting. Such actions may be brought in the dis-
trict 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 pub- Relief, 
lie interest, as well as the interests of the parties, may grant such 
equitable relief as it deems appropriate, including granting an injunc-
tion 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 sub-
section (c) of this section. 
"(2) Any Federal court otherwise authorized by law to review Inquiry, 
agency action may, at the application of any person properly partici-
pating 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 in accordance with 
the provisions of subsection (g) or (h) of this section, except that 
costs may be assessed against the plantiff only where the court finds 
that the suit was initiated by the plantiff 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 Report to 
annually report to Congress regarding its compliance with such Congress, 
requirements, including a tabulation of the total number of agency 
Litigation costs, 
assessment. 
90 STAT. 1246 
PUBLIC LAW 94-409—SEPT. 13, 1976 
5 use 552. 
44 use 3301 et 
seq. 
5 use 552a. 
5 use prec. 500. 
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). 
"(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 subsec-
tion (f) of this section. 
"(1) 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.". 
(b) The chapter analysis of chapter 5 of title 5, United States Code, 
is amended by inserting: 
'552b. Open meetings." 
mmediately below: 
'552a. Records about individuals.". 
EX PARTE 
COMMUNICATIONS 
SEC. 4. (a) Section 557 of title 5, United States Code, is amended by 
adding at the end thereof the following new subsection: 
" ( d ) ( 1 ) In any agency proceeding which is subject to subsection 
(a) of this section, except to the extent required for the disposition of 
ex parte matters as authorized by law— 
" ( A ) no interested person outside the agency shall make or 
knowingly cause to be made to any member of the body compris-
ing the agency, administrative law judge, or other employee who 
is or may reasonably be expected to be involved in the decisional 
process of the proceeding, an ex parte communication relevant to 
the merits of the proceeding; 
"(B) no member of the body comprising the agency, adminis-
trative law judge, or other employee who is or may reasonably be 
expected to be involved in the decisional process of the proceed-
ing, shall make or knowingly cause to be made to any interested 
person outside the agency an ex parte communication relevant to 
the merits of the proceeding; 
"(C) a member of the body comprising the agency, administra-
tive law judge, or other employee who is or may reasonably be 
expected to be involved in the decisional process of such proceed-
ing who receives, or who makes or knowingly causes to be made, 
a communication prohibited by this subsection shall place on the 
public record of the proceeding: 
"(i) all such written communications; 
" (ii) memoranda stating the substance of all such oral com-
munications; and 
PUBLIC LAW 94-409—SEPT. 13, 1976 
90 STAT. 1247 
"Ex parte 
communication. 
"(iii) all written responses, and memoranda stating the 
substance of all oral responses, to the materials described in 
clauses (i) and (ii) of this subparagraph; 
"(D) upon receipt of a communication knowingly made or 
knowingly caused to be made by a party in violation of this sub-
section, the agency, administrative law judge, or other employee 
presiding at the hearing may, to the extent consistent with the 
interests of justice and the policy of the underlying statutes, 
require the party to show cause why his claim or interest in the 
proceeding should not be dismissed, denied, disregarded, or other-
wise adversely affected on account of such violation; and 
"(E) the prohibitions of this subsection shall apply beginning Applicability 
at such time as the agency may designate, but in no case shall 
they begin to apply later than the time at which a proceeding is 
noticed for hearing unless the person responsible for the com-
munication has knowledge that it will be noticed, in which case 
the prohibitions shall apply beginning at the time of his acquisi-
tion of such knowledge. 
"(2) This subsection does not constitute authority to withhold infor-
mation from Congress.". 
(b) Section 551 of title 5, United States Code, is amended— 
(1) by striking out "and" at the end of paragraph (12) ; 
(2) by striking out the "act." at the end of paragraph (13) and 
inserting in lieu thereof "act; and"; and 
(3) by adding at the end thereof the following new paragraph: 
"(14) 'ex parte communication' means an oral or written com-
munication not on the public record with respect to which reason-
able prior notice to all parties is not given, but it shall not include 
requests for status reports on any matter or proceeding covered 
by this subchapter.". 
(c) Section 556(d) of title 5, United States Code, is amended by 
inserting between the third and fourth sentences thereof the following 
new sentence: "The agency may, to the extent consistent with the inter-
ests of justice and the policy of the underlying statutes administered 
by the agency, consider a violation of section 557(d) of this title suffi-
cient groimds for a decision adverse to a party who has knowingly 
committed such violation or knowingly caused such violation to 
occur.". 
CONFORMING AMENDMENTS 
SEC. 5. (a) Section 410(b)(1) of title 39, United States Code, is 
amended by inserting after "Section 552 (public information)," the 
words "section 552a (records about individuals), section 552b (open 
meetings),". 
(b) Section 552(b) (3) of title 5, United States Code, is amended to 
read as follows: 
"(3) specifically exempted from disclosure by statute (other 
than section 552b 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;". 
(c) Subsection (d) of section 10 of the Federal Advisory Committee 
Act is amended by striking out the first sentence and inserting in lieu 5 USC app. I. 
thereof the following: "Subsections (a) (1) and (a) (3) of this section 
shall not apply to any portion of an advisory committee meeting where 
5 USC 557. 
90 STAT. 1248 
PUBLIC LAW 94-409—SEPT. 13, 1976 
, 
the President, or the head of the agency to which the advisory com-
mittee reports, determines that such portion of such meeting may be 
closed to the public in accordance with subsection (c) of section 552b 
of title 5, United States Code.". 
EFFECTIVE DATE 
5 use 552b note. 
SEC. 6. (a) Except as provided in subsection (b) of this section, the 
provisions of this Act shall take effect 180 days after the date of its 
enactment. 
(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. 
Approved September 13, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-880, Pt. I and No. 94-880, Pt. 2, accompanying H.R. 
11656 (Comm. on Goverament Operations) and No. 94-1441 
(Comm. of Conference). 
SENATE REPORTS: No. 94-354 (Comm. on Government Operations), No. 94-381 
(Comm. on Rules and Administration) and No. 94-1178 (Comm. 
of Conference). 
CONGRESSIONAL RECORD: 
Vol. 121 (1975): Nov. 5, 6, considered and passed Senate. 
Vol. 122 (1976): July 28, considered and passed House, amended, in lieu of H.R. 
11656. 
Aug. 31, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 12, No. 38 (1976): Sept. 13, Presidential statement.