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SUMMARY OF LEGISLATIVE HISTORY

I. Freedom of Information Act, 5 U.S.C. 552 (P.L. 90-23, 90th Con

gress, H.R. 5357, June, 1967).* II. Committee Reports on H.R. 5357 (90th Congress) :

A. H. Rept. No. 125, 90th Cong., 1st Sess., Committee on the Judiciary, March 14, 1967.*

B. S. Rept. No. 248, 90th Cong., 1st Sess., Committee on the

Judiciary, May 17, 1967. III. Congressional Record References on H.R. 5357 (90th Congress) :

A. Considered and passed House, April 3, 1967, 113 Cong. Rec. 8109.*

B. Considered and passed Senate, amended, May 19, 1967, 113 Cong. Rec. 13253.

House agreed to Senate amendments, May 25, 1967, 113 Cong. Rec. 14056. IV. Freedom of Information Act (before codification), 80 Stat. 250

(P.L. 89-487, 89th Congress, S. 1160, July 4, 1966). V. Committee reports on S. 1160 (89th Congress):

A. S. Rept. No. 813, 89th Cong., 1st Sess., Committee on the Judiciary, October 4, 1965.*

B. H. Rept. No. 1497, 89th Cong., 2nd Sess., Committee on Government Operations, May 9, 1966.* VI. Congressional Record References on S. 1160 (89th Congress):

A. Considered and passed Senate, October 13, 1965, 111 Cong. Rec. 26820.

B. Considered and passed House, June 20, 1966, 112 Cong. Rec.

13007.* VII. Senate Passage-88th Congress :

A. S. Rept. No. 1219, 88th Cong., and 2nd Session (S. 1666).*

B. Considered and passed Senate, July 28, 1964, 110 Cong. Rec. 17086.*

C. On motion to reconsider, July 31, 1964, 110 Cong. Rec.

17666.* VIII. Hearings:

A. Senate Committee on the Judiciary, Hearings on S. 1160, May 12, 13, 14, and 21, 1965.

B. Senate Committee on the Judiciary, Hearings on S. 1663, July 21, 22 and 23, 1964.

Č. House Committee on Government Operations, Hearings on H.R. 5012, March 30 and 31, April 1, 2 and 5, 1956 (and

Appendix).
IX. Prior law :

A. Revised Statutes, sec. 161.*
B. Public Law 85–619, amending Revised Statutes sec. 161.*

C. Administrative Procedure Act sec. 3, P.L. 404, ch. 324, 79th
Cong., 2d Sess.*

*Texts set out in full hereafter.

TEXT OF THE FREEDOM OF INFORMATION ACT

(Section 552 of Title 5, United States Code, as amended by Public Law 90-23) $ 552. Public information; agency rules, opinions, orders, records, and proceed

ings. (a) Each agency shall make available to the public information as follows:

(1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public

(A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions;

(B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;

(C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations ;

(D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and

(E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register.

(2) Each agency, in accordance with published rules, shall make available for public inspection and copying

(A) final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases ;

(B) those statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register; and

(C) administrative staff manuals and instructions to staff that affect a

member of the public; unless the materials are promptly published and copies offered for sale. To the extent required to prevent a clearly unwarranted invasion of personal privacy, an agency may delete identifying details when it makes available or publishes an opinion, statement of policy, interpretation, or staff manual or instruction. However, in each case the justification for the deletion shall be explained fully in writing. Each agency also shall maintain and make available for public inspection and copying a current index providing identifying information for the public as to any matter issued, adopted, or promulgated after July 4, 1967, and required by this paragraph to be made available or published. A final order, opinion, statement of policy, interpretation, or staff manual or instruction that affects a member of the public may be relied on, used, or cited as precedent by an agency against a party other than an agency only if

(i) it has been indexed and either made available or published as provided by this paragraph; or

(ii) the party has actual and timely notice of the terms thereof. (3) Except with respect to the records made available under paragraphs (1) and (2) of this subsection, each agency, on request for identifiable records made in accordance with published rules stating the time, place, fees to the extent authorized by statute, and procedure to be followed, shall make the records promptly available to any person. On complaint, the district court of the United Rtates in the district in which the complainant resides, or has his principal place

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of business, or in which the agency records are situated, has jurisdiction to enjoin the agency from withholding agency records and to order the production of any agency records improperly withheld from the complaint. In such a case the court shall determine the matter de novo and the burden is on the agency to sustain its action. In the event of noncompliance with the order of the court, the district court may punish for contempt the responsible employee, and in the case of a uniformed service, the responsible member. Except as to causes the court considers of greater importance, proceedings before the district court, as authorized by this paragraph, take precedence on the dock over all other causes and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way.

(4) Each agency having more than one member shall maintain and make available for public inspection a record of the final votes of each member in every agency proceeding. (b) This section does not apply to matters that are

(1) specifically required by Executive order to be kept secret in the interest of the national defense or foreign policy;

(2) related solely to the internal personnel rules and practices of an agency;

(3) specifically exempted from disclosure by statute:

(4) trade secrets and commercial or financial information obtained from a person and privileged or confidential;

(5) interagency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency ;

(6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

(7) investigatory files compiled for law enforcement purposes except to the extent available by law to a party other than an agency ;

(8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or

(9) geological and geophysical information and data, including maps, conconcerning wells. (c) This section does not authorize withholding of information or limit the availability of records to the public, except as specifically stated in this section. This section is not authority to withhold information from Congress. (Pub. L. 89-554; Sept. 6, 1966, 30 Stat. 383; Pub. L. 90–23, 81, June 5, 1967, 81 Stat. 54.)

H. Rept. No. 125, 90th Cong., 1st Sess. (March 14, 1967)*

CODIFICATION OF PUBLIC LAW 89–487

M

14, 1967.—Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed

Mr. Willis, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany H.R. 5357]

The Committee on the Judiciary, to whom was referred the bill (H.R. 5357) to amend section 552 of title 5, United States Code, to codify the provisions of Public Law 89–487, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE The purpose of this bill is to incorporate into title 5 of the United States Code, without substantive change, the provisions of Public Law 89–487, which was enacted subsequent to the passage of title 5 by the House of Representatives.

Title 5, enacted by Public Law 89–554, contained the Administrative Procedure Act as amended through June 30, 1965. The amendment to that act by Public Law 89-487 becomes effective July 4, 1967, but was not drafted as an amendment to title 5.

SECTION ANALYSIS

SECTION 1

Section 1 amends section 552 of title 5, United States Code, to reflect Public Law 89–487.

The words "Every agency shall make available to the public the following information” are omitted as redundant as to subsections (a)-(d) in view of the provisions contained therein, and as inapplicable to subsections (e) and (f).

*The Senate Report (No. 248, May 17, 1967) is almost identical to this House Report.

In subsections (a)(1) and (c), the word "employees' is substituted for "officers” to conform with the definition of "employee" in 5 U.S.C. 2105.

In the last sentence of subsection (b), the words "A final order * may be relied on *** only if" are substituted for "No final order * * *

may be relied upon *** unless”; and the words “a party other than an agency' and “the party” are substituted for "a private party" and "the private party”, respectively, on authority of the definition of "private party" in 5 App. U.S.C. 1002(g).

In subsection (d), the words "shall maintain and make available for public inspection a record” are substituted for "shall keep a record * *** and that record shall be available for public inspection":

In subsection (e)(5) and (7), the words "a party other than an agency.” are substituted for a private party" on authority of the definition of "private party" in 5 App. U.S.C. 1002(g).

In subsection (f), the words "This section does not authorize" and “This section is not authorityare substituted for "Nothing in this section authorizes" and "nor shall this section be authority", respectively.

5 App. U.S.C. 1002(g), defining “private party" to mean a party other than a agency, is omitted since the words, "party other than an agency' are substituted for the words "private party" wherever they appear in revised 5 U.S.C. 552.

5 App. U.S.C. 1002(h), prescribing the effective date, is omitted as unecessary. That effective date is prescibed by section 4 of this bill.

SECTION 2 Section 2 amends the analysis of chapter 5 of title 5, United States Code, to reflect the change in the catchline for section 552 of title 5.

SECTION 3

Section 3 repeals the act of July 4, 1966, Public Law 89-487 (80 Stat. 250)

SECTION 4

Section 4 prescribes the effective date of the bill as July 4, 1967, or the date of enactment of the bill, whichever is later. This conforms with the effective date of Public Law 89-487 which is repealed by this bill.

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