250 PUBLIC LAW 89-487-JULY 4, 1966 [80 STAT.
Public Law 89-487
July 4, 1966 AN ACT
*-^' ^^^^^ To amend section 3 of the Administrative Procedure Act, chapter 324, of the
Act of June 11, 1946 (60 Stat. 238), to clarify and protect the right of the
public to information, and for other purposes.
Be it enacted hy the Senate and House of Representatives of the
Public infoma- United States of A^nerlca in Congress assembled. That section 3, chap-
5 use 1002. ter 324, of the Act of June 11, 1946 (60 Stat. 238), is amended to read
as follows:
"SEC. 3. Every agency shall make available to the public the follow-
ing information:
" ( a ) PUBLICATION IN THE FEDERAL REGISTER.—Every agency shall
sef)arately state and currently publish in the Federal Register for the
guidance of the public (A) descriptions of its central and field organi-
zation and the established places at which, the officers from w^hom, and
the methods whereby, the public may secure information, make sub-
mittals or requests, or obtam decisions; (B) statements of the general
course and method by which its functions are channeled and deter-
mined, 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 interpreta-
tions 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 shall in any manner be required to resort to,
or be adversely affected by any matter required to be published in the
Federal Register and not so published. For purposes of this sub-
section, matter which is reasonably available 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 ac-
cordance with published rules, make available for public inspection
and copying (A) all final opinions (including concurring and dissent-
ing opinions) and all 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
any member of the public, unless such materials are promptly pub-
lished 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 instruc-
tion : Provided^ That in every case the justification for the deletion
must be fully explained in writing. Every agency also shall main-
tain 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 promulgated after the effective
date of this Act and which is required by this subsection to be made
available or published. 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
80 STAT. ] PUBLIC LAW 89.487-JULY 4, 1966 251
made available or published as provided by this subsection or unless
that private party shall have actual and timely notice of the terms
thereof.
"(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 pub-
lished 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 complainant resides, or has
his principal place of business, or in which the agency records are
situated shall have jurisdiction to enjoin the agency from the with-
holding of agency records and to order the production of any agency
records improperly withheld from the complainant. I n such cases the
court shall determine the matter de novo and the burden shall be upon
the agency to sustain its action. I n the event of noncompliance 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 author-
ized 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 appli-
cable 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 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 consti-
tute a clearly unwarranted invasion of personal privacy; (7) investi-
gatory files compiled for laAv 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-
cal information and data (including maps) concerning wells.
"(f) LIMITATION or EXEMPTIONS.—Nothing in this section author-
izes withholding of information or limiting the availability of records
to the public except as specifically stated in this section, nor shall this
section be authority to withhold information from Congress.
" (g) PRIVATE P A R T Y . - ^ A S used in this section, 'private party' means
any party other than an agency.
" ( h ) EFFECTIVE DATE.—This amendment shall become effective one
year following the date of the enactment of this Act."
Approved July 4 , 1966.
