Public Law 89-487

withholding of agency records and to order the produc-
tion 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 noncompli-
ance with the court's order, the district court may punish
the responsible officers for contempt. Except as to those
causes which the court deems of greater importance,
proceedings before the district court as authorized by
this subsection shall take precedence on the docket over
all other causes and shall be assigned for hearing and
trial at the earliest practicable date and expedited 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) specifical-
ly 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 prac-
tices 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

Public Law 90-23

and to order the production of any agency records im-
properly 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 for contempt the responsible
employee, and in the case of a uniformed service, the
responsible member. Except as to causes the court con-
siders of greater importance, proceedings before the dis-
trict court, as authorized by this paragraph, take prece-
dence on the docket 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 rec-
ord 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) inter-agency or intra-agency memorandums

or

SEC. 3. The Act of July 4, 1966 (Public Law 89–487, 80 Stat. 250), is repealed.

Public Law 89-487

(h) EFFECTIVE DATE.-This amendment shall become effective one year following the date of the enactment of this Act.

Public Law 90-23

SEC. 4. This Act shall be effective July 4, 1967, or on
the date of enactment, whichever is later.

APPENDIX B

TABLE OF COMPARATIVE STRUCTURES: PUBLIC LAW 89-487 AND PUBLIC LAW 90-23

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 * * *

(A) descriptions of * * *
(B) statements of * * *
C) rules of procedure **
(D) substantive rules ***

(E) every amendment * * *

(b) AGENCY OPINIONS AND ORDERS.-Every agency shall, in accordance with published rules, make available ***

(A) all final opinions
(B) those statements of
(C) administrative staff

Public Law 90-23

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

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

(1) Each agency shall separately * * *

* *

* *

(A) descriptions of **
(B) statements of * * *
C) rules of procedure *
(D) substantive rules
(E) every amendment * * *

**

(2) Each agency, in accordance with published
rules, shall make available *

(c) AGENCY RECORDS.-Except with *** (d) AGENCY PROCEEDINGS.-Every agency (e) EXEMPTIONS.-The provisions of this section shall not be applicable to matters that are

(3) Except with ***

(4) Each agency

***

(b) This section does not apply to matters that are

(1)
(2)

(8)
(9)

(f) LIMITATION OF EXEMPTIONS.-Nothing in this
section authorizes withholding ***
(g) PRIVATE PARTY.-As used in this section

(h) EFFECTIVE DATE.

**

*In its place in the Administrative Procedure Act, section 3, 60 Stat. 237, 5 U.S.C. 1002 (1964 Ed.), was preceded by the caption "Public Information." That caption, and some of the cap

(c) This section does not authorize withhold

ing

***

NOTE. Where applicable, the definition of "private
party" has been incorporated into the text of Public
Law 90-23.

NOTE.-Section 2 of Public Law 90-23 amends the
analysis of chapter 5 of title 5, United States Code, to
comport with the caption of section 552.

Section 3 of Public Law 90-23 repeals Public Law
89-487.

Section 4 of Public Law 90-23 in effect retains the
July 4, 1967 effective date for the new law.

tions which precede the text of each of the lettered subsections
of section 3, Public Law 89-487, have been molded into the new
caption for 5 U.S.C. 552.

APPENDIX F

The regulations that were written to implement the Freedom of Information Act appear in scattered issues of the Federal Register. There have been minor amendments in addition to those noted in the table below. The following list is complete through July 22, 1968:

(The following operating agencies of the Depart-
ment are governed in their public information
policies by the above-cited departmental regulations:
Federal Bureau of Investigation, Bureau of Prisons,
Board of Parole.)

Post Office Department*.
Amended
Department of the Interior*.

(The following operating agencies of the Department are governed in their public information policies by the abovecited departmental regulations: Fish and Wildlife Service, National Park Service, Bureau of Mines, Geological Survey, Bureau of Indian Affairs, Bureau of Land Management, Bureau of Outdoor Recreation, Office of Territories, Federal Water Pollution Control Administration, Bureau of Reclamation, Bonneville Power Administration, Southeastern Power Administration, Southwestern Power Administration.) Department of Agriculture*.

Commodity Credit Corporation (no regulations issued).
Agricultural Stabilization and Conservation Service*.
Federal Crop Insurance Corporation*_
Rural Community Development Service.

Farmer Cooperative Service*.

Farmers Home Administration*.

See footnotes at end of table, p. 313.

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