Page:United States Statutes at Large Volume 90 Part 1.djvu/1296

 90 STAT. 1246

PUBLIC LAW 94-409—SEPT. 13, 1976

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). " (k) Nothing herein expands or limits the present rights of any 5 USC 552. 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 44 USC 3301 et requirements of chapter 33 of title 44, United States Code, shall not seq. apply to the transcripts, recordings, and minutes described in subsection (f) of this section. "(1) 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 5 USC 552a. individual under section 552a of this title.". 5 USC prec. 500. (b) The chapter analysis of chapter 5 of title 5, United States Code, is amended by inserting: '552b. Open meetings." mmediately below: '552a. Records about individuals.". EX PARTE

COMMUNICATIONS

SEC. 4. (a) Section 557 of title 5, United States Code, is amended by a d d i n g at the end thereof the following new subsection: " (d)(1) I n any agency proceeding which is subject to subsection (a) of this section, except to the extent required for the disposition of ex parte matters as authorized by law— " (A) no interested person outside the agency shall make or knowingly cause to be made to any member of the body comprising the agency, administrative law judge, or other employee who is or may reasonably be expected to be involved in the decisional process of the proceeding, an ex part e communication relevant to the merits of the proceeding; " (B) no member of the body comprising the agency, administrative law judge, or other employee who is or may reasonably be expected to be involved in the decisional process of the proceeding, shall make or knowingly cause to be made to any interested person outside the agency an ex parte communication relevant to the merits of the proceeding; " (C) a member of the body comprising the agency, administrative law judge, or other employee who is or may reasonably be expected to be involved in the decisional process of such proceeding who receives, or who makes or knowingly causes to be made, a communication prohibited by this subsection shall place on the public record of the proceeding: " (i) all such written communications; " (ii) memoranda stating the substance of all such oral communications; and

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