'GOVERNMENT IN THE SUNSHINE ACT' (PUB. L. 94-409, 90 STAT. 1241 (1976)) -- INAPPLICABILITY TO CIA

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP81M00980R000600310002-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 19, 2016
• Sequence Number: 2
• Content Type: MEMORANDUM FOR THE RECORD

Approved For Release 2006/08/02 : CIA-RDP81 M00980 9?06Qgg1Q002-0
PULL n l ~c~lact Ley
OLC 78-2045/1
31 August 1978
SUBJECT: "Government in theSunshine Act" (Pub. L. 94-409,
90 Stat. 1241 (1976)) -- Inapplicability to CIA
1. The Office of Management and Budget, in a follow-up to the President's
9 June 1978 memorandum re "Implementation of the Government in the Sunshine
Act," is asking that each agency (as that term is defined by subject Act)
provide the following information and materials to OMB by 15 September 1978:
a. The name, title, mailing address, and telephone number
of the person or persons within the agency responsible for responding
to official or public inquiries about the agency's Sunshine Act
regulations, practices and procedures (including location and
availability of minutes, transcripts, etc.);
b. A copy of the agency regulations required by Section 3(g)
of the Act;
c. A copy of any formal agency procedures, manuals or guide-
lines for implementing the Act and the related regulations. If
there are no formal documents, briefly describe current agency
practices in implementing the Act.
2. On 9 June 1978, the President forwarded to the heads of departments
and agencies a memorandum urging agencies covered by the Sunshine Act,
known as "Sunshine Act agencies" to "respect [the act] by opening to the
public as many meetings as possible." Moreover, the President in his
memorandum indicates that he has asked the Director of the Office of
Management and Budget to compile a record of the number of Sunshine
Act agency meetings subject to the Act, noting whether these meetings are
open or closed, and if closed, stating the reason for their being closed.
This compilation is to be reported to the President and the Congress in
compliance with subsection (j) of the Act (5 U.S.C. 552b(j), Pub. L. No.
94-409, 90 Stat. 1241 (1976)).
 Approved For Release 2006/08/02 : CIA-RDP81 M00980R000600310002-0
3. The Sunshine Act was enacted in 1976 and requires most Federal
agencies to open their meetings to the public in an effort'to provide the
public with the "fullest practicable information regarding the decision-
making processes of the Federal Government" (Section 2, Pub. L. No. 94-409).
The law also provides certain exemptions in an effort to balance the right
of the people to know against "the rights of individuals and the ability of
the Government to carry out its responsibilities." (Section 2, supra
4. As used in the term "agency" (5 U.S.C. 552b(a)(1)) is defined as:
any agency ... 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."
(emphasis added)
5. Accordingly, since not "headed by a collegial body composed of
two or more individual members...," the CIA is a "non-Sunshine Act agency"
and is therefore exempt from the provisions of the Sunshine Act.
V ssistant Legislative counsel
STAT
Distribution:
1 - OGC
1 - OLC Subject
1 - OLC Chrono
OLC:MV:sm (31 Aug 78)
2
Droved For Release 2006/08/02 : CIA-RDP81 M00.980R000600310002-