View source for Government in the Sunshine Act

{{Short description|Federal transparency law in the US}}
{{Redirect|Sunshine Act|the 2010 law on financial relationships between the pharmaceutical industry and physicians|Physician Payments Sunshine Act|}}
{{Use American English|date=June 2025}}

{{Infobox U.S. legislation
| shorttitle = Government in the Sunshine Act
| longtitle = An Act to provide that meetings of Government agencies shall be open to the public, and for other purposes.
| acronym = 
| nickname = 
| enacted by = 94th
| effective date = September 13, 1976
| public law url = http://www.gpo.gov/fdsys/pkg/STATUTE-90/pdf/STATUTE-90-Pg1241.pdf
| cite public law = 94-409
| cite statutes at large = {{usstat|90|1241}}
| acts amended = [[Administrative Procedure Act (United States)|Administrative Procedure Act]]<br />[[Freedom of Information Act (United States)|Freedom of Information Act]]
| acts repealed = 
| title amended = [[Title 5 of the United States Code|5 U.S.C.: Government Organization and Employees]]
| sections created = {{Usc-title-chap|5|5|II}} § 552b
| sections amended = 
| leghisturl = http://thomas.loc.gov/cgi-bin/bdquery/z?d094:SN00005:@@@Z
| introducedin = Senate
| introducedbill = {{USbill|94|S.|5}}
| introducedby = [[Lawton Chiles]] ([[Democratic Party (United States)|D]]–[[Florida|FL]])
| introduceddate = January 15, 1975
| committees = [[United States Senate Committee on Homeland Security and Governmental Affairs|Senate Government Operations]], [[United States Senate Committee on the Judiciary|Senate Judiciary]], [[United States Senate Committee on Rules and Administration|Senate Rules and Administration]], [[United States House Committee on Oversight and Government Reform|House Government Operations]]
| passedbody1 = Senate
| passeddate1 = November 6, 1975
| passedvote1 = [http://www.govtrack.us/congress/votes/94-1975/s472 94–0]
| passedbody2 = House
| passedas2 = <!-- used if the second body changes the name of the legislation -->
| passeddate2 = July 28, 1976
| passedvote2 = [http://www.govtrack.us/congress/votes/94-1976/h1035 391–0], in lieu of {{USBill|94|H.R.|11656}}
| conferencedate = August 26, 1976
| passedbody3 = House
| passeddate3 = August 31, 1976
| passedvote3 = [http://www.govtrack.us/congress/votes/94-1976/h1126 384–0]
| agreedbody3 = <!-- used when the other body agrees without going into committee -->
| agreeddate3 = <!-- used when the other body agrees without going into committee -->
| agreedvote3 = <!-- used when the other body agrees without going into committee -->
| agreedbody4 = <!-- used if agreedbody3 further amends legislation -->
| agreeddate4 = <!-- used if agreedbody3 further amends legislation -->
| agreedvote4 = <!-- used if agreedbody3 further amends legislation -->
| passedbody4 = Senate
| passeddate4 = August 31, 1976
| passedvote4 = agreed
| signedpresident = [[Gerald Ford]]
| signeddate = September 13, 1976
| unsignedpresident = <!-- used when passed without presidential signing -->
| unsigneddate = <!-- used when passed without presidential signing -->
| vetoedpresident = <!-- used when passed by overriding presidential veto -->
| vetoeddate = <!-- used when passed by overriding presidential veto -->
| overriddenbody1 = <!-- used when passed by overriding presidential veto -->
| overriddendate1 = <!-- used when passed by overriding presidential veto -->
| overriddenvote1 = <!-- used when passed by overriding presidential veto -->
| overriddenbody2 = <!-- used when passed by overriding presidential veto -->
| overriddendate2 = <!-- used when passed by overriding presidential veto -->
| overriddenvote2 = <!-- used when passed by overriding presidential veto -->
| amendments = 
| SCOTUS cases = 
}}
{{US administrative law}}
The '''Government in the Sunshine Act''' ({{USStatute|94|409|90|1241|1976|09|13}}, {{USC|5|552b}}) is a U.S.&nbsp;[[law]] passed in 1976 that affects the operations of the federal government, Congress, federal commissions, and other legally constituted federal bodies. It is one of a number of [[Freedom of information in the United States|Freedom of Information Acts]], intended to create greater [[Open government|transparency in government]].

==Effect==
"The Sunshine Act provides, with ten specified exemptions, that 'every portion of every meeting of an agency shall be open to public observation.' 5 U.S.C. 552b(b) It imposes procedural requirements to ensure, ''inter alia'' [among other things], that advance notice is given to the public before agency meetings take place. It also imposes procedural requirements an agency must follow before determining that one of the ten exemptions from the openness requirement applies. However, neither the openness requirement, nor the related procedural requirements, are triggered unless the governmental entity at issue is an 'agency,' and unless the gathering in question is a 'meeting' of the agency." ''[[Natural Resources Defense Council]], Inc., v. [[Nuclear Regulatory Commission]]'', 216 F.3d 1180, 1182 (D.C. Cir. 2000).

==Definitions and exceptions==
The statute defines a "meeting" as "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". 552b(a)(2).

The statute defines "agency" to include "any agency ... headed by a collegial body composed of two or more individual members ... and any subdivision thereof authorized to act on behalf of the agency". 552b(a)(1).

The Sunshine Act enumerates ten specific exemptions for categories of information that need not be disclosed.  In summary these are:
* information relating to national defense;
* related solely to internal personnel rules and practices;
* matters specifically protected by law;
* trade secrets or privileged/confidential commercial information;
* matters censuring or accusing a person of a crime;
* information where disclosure would constitute a breach of privacy;
* related to investigatory records where the information would harm the proceedings;
* information for the use of an agency responsible for the regulation or supervision of financial institutions;
* which would lead to financial speculation or endanger the stability of any financial institution; or
* related to the agency's participation in legal proceedings.

==Purpose==
The [[legislative intent]] of the Act is as follows:
"The basic premise of the sunshine legislation is that, in the words of [[federalist No. 49]], 'the people are the only legitimate foundation of power, and it is from them that the constitutional charter ... is derived.' Government is and should be the servant of the people, and it should be fully accountable to them for the actions which it supposedly takes on their behalf." (U.S.C.C.A.N. 2183, 2186).

==See also==
* [[Federal Advisory Committee Act]] (1974)
* [[Freedom of Information Act (United States)]] (1966)
* [[Open-source governance]]

==External links==
* [https://www.gsa.gov/policy-regulations/policy/federal-advisory-committee-management/legislation-and-regulations/government-in-the-sunshine-act Government in the Sunshine Act] | U.S. General Services Administration

{{US Administrative law}}

{{DEFAULTSORT:Government In The Sunshine Act}}
[[Category:94th United States Congress]]
[[Category:United States federal government administration legislation]]
[[Category:1976 in American law]]
[[Category:Freedom of information in the United States]]
[[Category:Freedom of information legislation in the United States]]