COMPLIANCE WITH RAMSEYER RULE

In compliance with paragraph 3 of rule XIII of the Rules of the House of Representatives, changes in existing law are shown below:

EXISTING LAW

(Sec. 3 of Administrative Procedure Act, as amended by

Public Law 89-487)

SEC. 3. Every agency shall make available to the public
the following information:

(a) PUBLICATION IN THE FEDERAL REGISTER.-Every
agency shall separately state and currently publish in the
Federal Register for the guidance of the public (A) de-
scriptions of its central and field organization and the
established places at which, the officers from whom, and
the methods whereby, the public may secure 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 proce-
dures 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) every amendment, revision, or repeal of
the foregoing. Except to the extent that a person has
actual and timely notice of the terms thereof, no person

§ 552. Public information; agency rules, opinions, orders,
records, and proceedings

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

(1) descriptions of its central and field organization
and the established places at which, the employees
from whom, and the methods whereby, the public
may obtain information, make submittals or requests,
or obtain decisions;

(2) 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;

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

EXISTING LAW

shall in any manner be required to resort to, or be ad-
versely affected by any matter required to be published
in the Federal Register and not so published. For pur-
poses of this subsection, matter which is reasonably avail-
able to the class of persons affected thereby shall be deemed
published in the Federal Register when incorporated by
reference therein with the approval of the Director of the
Federal Register.

(b) AGENCY OPINIONS AND ORDERS.-Every agency shall, in accordance with published rules, make available for public inspection and copying (A) all final opinions (including concurring and dissenting opinions) and all orders made in the adjudication of cases, (B) those state

NEW TEXT

(4) 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

(5) 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
subsection, matter reasonably available to the class of per-
sons affected thereby is deemed published in the Federal
Register when incorporated by reference therein with the
approval of the Director of the Federal Register.

(b) Each agency, in accordance with published rules,
shall make available for public inspection and copying-
(1) final opinions, including concurring and dis-
senting opinions, as well as orders, made in the adjudi-
cation of cases;

ments of policy and interpretations which have been
adopted by the agency and are not published in the Fed-
eral Register, and (C) administrative staff manuals and
instructions to staff that affect any member of the public,
unless such 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 avail-
able or publishes an opinion, statement of policy, interpre-
tation, or staff manual or instruction: Provided, That in
every case the justification for the deletion must be fully
explained in writing. Every 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 which is issued, adopted, or pro-
mulgated after the effective date of this Act and which is
required by this subsection to be made available or pub-
lished. No final order, opinion, statement of policy,
interpretation, or staff manual or instruction that affects
any member of the public may be relied upon, used or cited
as precedent by an agency against any private party unless
it has been indexed and either made available or published
as provided by this subsection or unless that private party
shall have actual and timely notice of the terms thereof.

(2) those statements of policy and interpretations which have been adopted by the agency and are not

published in the Federal Register; and

(3) administrative staff manuals and instructions to staff that affect a member of the public;

unless the materials are promptly published and copies of-
fered 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 pub-
lishes 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

EXISTING LAW

(c) AGENCY RECORDS. Except with respect to the
records made available pursuant to subsections (a) and
(b), every agency shall, upon 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, make such records promptly
available to any person. Upon complaint, the district
court of the United States in the district in which the com-
plainant resides, or has his principal place of business, or in
which the agency records are situated shall have jurisdic-
tion to enjoin the agency from the withholding of agency
records and to order the production of any agency records
improperly withheld from the complainant. In such cases
the court shall determine the matter de novo and the
burden shall be upon the agency to sustain its action. In
the event of noncompliance with the court's order, the

NEW TEXT

writing. Each agency also shall maintain and make avail-
able for public inspection and copying a current index pro-
viding identifying information for the public as to any
matter issued, adopted, or promulgated after July 4, 1967,
and required by this subsection 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-

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

(B) the party has actual and timely notice of the
terms thereof.

(c) Except with respect to the records made avail-
able under subsections (a) and (b) of this section, each
agency, on request for identifiable records made in accord-
ance 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 States in the
district in which the complainant resides, or has his prin-
cipal place of business, or in which the agency records are
situated, has jurisdiction to enjoin the agency from with-
holding agency records and to order the production of any
agency records improperly withheld from the complainant.
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 the responsible employees for

tempt. Except as to those causes which the court deems district court may punish the responsible officers for con

contempt. Except as to causes the court considers of greater importance, proceedings before the district court, of greater importance, proceedings before the district court as authorized by this subsection, take precedence on the as authorized by this subsection shall take precedence on docket over all other causes and shall be assigned for hear

the over

and shall

hearing and trial at the earliest practicable date and ex-
pedited in every way.

(d) AGENCY PROCEEDINGS.-Every agency having more
than one member shall keep a record of the final votes of
each member in every agency proceeding and such record
shall be available for public inspection.

(e) EXEMPTIONS.-The provisions of this section shall
not be applicable to matters that are (1) specifically re-
quired 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 any agency;
(3) specifically exempted from disclosure by statute; (4)
trade secrets and commercial or financial information
obtained from any person and privileged or confidential;
(5) inter-agency or intra-agency memorandums or letters
which would not be available by law to a private party 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 private party;
(8) contained in or related to examination, operating, or
condition reports prepared by, on behalf of, or for the use
of any agency responsible for the regulation or supervision
of financial institutions; and (9) geological and geophysi-

in every way.

(d) 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.

(e) 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 in-
formation obtained from a person and privileged or
confidential;