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
1 See References in Text note below.
5 U.S.C. § 552b
REFERENCES IN TEXTSectionof this title, referred to in subsec. (a)(1), was redesignated section 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.
AMENDMENTS1995-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 DATEPub. L. 94-409, §6, Sept. 13, 1976, 90 Stat. 1248, 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 Pub. L. 94-409, §1, Sept. 13, 1976, 90 Stat. 1241, provided: "That this Act [enacting this section, amending sections, , , and of this title, section 10 of Pub. L. 92-463 set out in the Appendix to this title, and section 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 sectionof Title 31, Money and Finance.
TERMINATION OF ADMINISTRATIVE CONFERENCE OF UNITED STATESFor termination of Administrative Conference of United States, see provision of title IV of Pub. L. 104-52 set out as a note preceding sectionof this title.
DECLARATION OF POLICY AND STATEMENT OF PURPOSEPub. L. 94-409, §2, Sept. 13, 1976, 90 Stat. 1241, 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."
- The term "Member" means a Senator in, a Representative in, or a Delegate or Resident Commissioner to, the Congress.