Freedom of Information Act

Public Law 89-487

89th Congress, S. 1160

July 4, 1966

AN ACT

80 STAT. 250

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 by the Senate and House of Representatives of the United

States of America in Congress assembled, That section 3, chapter 324 of the Act

of June 11, 1946 (60 Stat. 328), is amended to read as follows:

"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) descriptions 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 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) 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 subsection, 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 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 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

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: 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 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 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 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 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 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 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) 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

constitute a clearly unwarranted invasion of personal privacy; (7) investigatory

files complied 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 geophysical information and data (including maps) concerning

wells.

"(f) LIMITATION OF EXEMPTIONS. - Nothing in this section authorizes

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 PARTY. - As 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

LEGISLATIVE HISTORY:

HOUSE REPORT No. 1497 (Comm. on Government Operations).

SENATE REPORT No. 813 (Comm. on the Judiciary)

CONGRESSIONAL RECORD

Vol. 111 (1965): Oct. 13, considered and passed Senate.

Vol. 112 (1965): June 10, considered and passed House.

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