The Government in the Sunshine Act - References

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Published: 02/01/2002

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The Government in the Sunshine Act

Many federal agencies, most notably the independent regulatory agencies, are headed by collegial bodies, e.g., the five commissioners of the Federal Trade Commission. These agencies make most of their decisions through discussions and voting by the board or commissions members. To ensure that such meetings and decisions do not take place in secret, Congress passed the Government in the Sunshine Act in 1976 (5 USC 552b). About 50 federal agencies are subject to the law.

The Act prescribes the procedures an agency must follow to claim an exemption from the open meetings rule. Agencies are allowed to close meetings to protect national security or other information that could frustrate proposed agency action. Agencies can also close meetings that involve discussion of pending or anticipated litigation in which the agency is involved.

Some agencies have been accused of changing the names of meetings — that is to say, calling them something else (such as staff discussions) — or of using telephone conference calls to avoid the intent of this Act.