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8000 - Miscellaneous Statutes and Regulations
§ 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
Senate, and any 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 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
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
{{11-1-83 p.8041}}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 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
{{11-1-83 p.8042}}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) 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 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
{{2-29-96 p.8043}}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 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 assesed by the court against the United
States.
(j) Each agency subject to the requirements of this section shall
annually report to 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
{{2-29-96 p.8044}}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.
[Codified to 5 U.S.C. 552b]
[Source: Section 552b of the Act of September 6, 1966 (Pub. L. No.
89-554), as added by section 3(a) of the Act of September 13, 1976
(Pub. L. No. 94-409; 90 Stat. 1241), effective March 11, 1977, except
section 552b(g) effective September 13, 1976; as amended by section
3002 of title III of the Act of December 21, 1995 (Pub. L. No. 104--66;
Stat. 734), effective December 21, 1995]
NOTES
Short title. Section 1 of the Act of September 13, 1976 (Pub.
L. No. 94-409; 90 Stat. 1241), states that this Act (adding section
552b) may be cited as the "Government in the Sunshine Act".
Declaration of policy. Section 2 of the Act of
September 13, 1976 (Pub. L. No. 94-409; 90 Stat. 1241), states as
follows:
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.
§ 553. Rule making.
(a) This section applies, according to the provisions thereof,
except to the extent that there is involved--
(1) a military or foreign affairs function of the United States;
or
(2) a matter relating to agency management or personnel or to
public property, loans, grants, benefits, or contracts.
(b) General notice of proposed rule making shall be published in
the FEDERAL REGISTER, unless persons subject thereto are named and
either personally served or otherwise have actual notice thereof in
accordance with law. The notice shall include--
(1) a statement of the time, place, and nature of public rule
making proceedings;
(2) reference to the legal authority under which the rule is
proposed; and
(3) either the terms or substance of the proposed rule or a
description of the subjects and issues involved.
Except when notice or hearing is required by the statute, this
subsection does not apply--
(A) to interpretative rules, general statements of policy, or
rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the
finding and a brief statement of reasons therefor in the rules issued)
that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest.
(c) After notice required by this section, the agency shall give
interested persons an opportunity to participate in the rule making
through submission of written data, views, or arguments with or without
opportunity for oral presentation. After consideration of the relevant
matter presented, the agency shall incorporate in the rules adopted a
concise general statement of their basis and purpose. When rules are
required by statute to be made on the record after opportunity for an
agency hearing, sections 556 and 557 of this title apply instead of
this subsection.
{{2-29-96 p.8044.01}}
(d) The required publication or service of a substantive rule shall
be made not less than 30 days before its effective date, except--
(1) a substantive rule which grants or recognizes an exemption or
relieves a restriction;
(2) interpretative rules and statements of policy; or
(3) as otherwise provided by the agency for good cause found and
published with the rule.
(e) Each agency shall give an interested person the right to
petition for the issuance, amendment, or repeal of a rule.
[Codified to 5 U.S.C. 553]
{{p.8045}}
[Source: Section 553 of the Act of September 6, 1966 (Pub. L. No.
89-554; 80 Stat. 383), effective September 6,
1966]
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