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H.R. 5357 (90th): An Act to amend section 552 of title 5, United States Code, to codify the provisions of Public Law 89-187

The text of the bill below is as of Jun 5, 1967 (Passed Congress).


54                                              PUBLIC LAW 90-23-JUNE 5, 1967                       [81 STAT.


                            Public Law 90-23
     J u n e 5, 1967                                              AN ACT
     [H. R. 5357]           To ameiul section "y2 of title T), ITnited States Code, to codify the provisions of
                                                           Public Law 89-^87.

                               Be It endcted hy the Senate and House of RepresentativeH of the
  P u b l i c informa-      United States of America in Congress assembled. That section 552 of
tion.
  80 Stat. 383.             title 5, United States Code, is amended to read:
                            "§552. Public information; agency rules, opinions, orders,
                                            records, and proceedings
                               " ( a ) Each agency shall make available to the public information
                            as follows:
 P u b l i c a t i o n in      "(1) Each agency shall separately state and currently publish in
Federal Register.
                            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;
                                      "((^) rules of procedure, descriptions of forms available or the
                                   places at w^hich forms may be obtained, and instructions as to the
                                   scope and contents of all papers, reports, or examinations;
                                         (I)) 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) 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 para-
                            graph, 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.
  I n s p e c t i o n and       "(2) Each agency, in accordance with published rules, shall make
copying.
                            available for public inspection and copying—
                                      " ( A ) final opinions, including concurring and dissenting opin-
                                   ions, as well as orders, made m 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, interpre-
                             tation, or staff manual or instruction. However, in each case the justi-
                            fication for the deletion shall be explained fully in writing. Each agency
                             also shall maintain and make available for public inspection and copy-
                             ing a current index providing identifying information for the public
                             as to any matter issued, adopted, or promulgated after July 4, 1967,
   Conditions.               and required by this paragraph to be made available or published. A
                             final order, opinion, statement of policy, interpretation, or staff manual

81 STAT. ] PUBLIC LAW 90-23-JUNE 5, 1967 . 55 or instruction that iifleets 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) P^xcept with respect to the records made available under para- graphs (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 Fnited States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, has jurisdiction to enjoin the agency from withholding agency records and to order the produc- tion 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 noncom- pliance 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. P^xcept as to causes the court considers of greater importance, proceedings before the district court, as author- ized by this paragraph, take precedence on the docket over all other causes and shall be assigned for hearing and trial at the earliest ])racticable 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 inember in every agency proceeding. " (b) This section does not apply to matters that are— Nonappiica- ""(1) specifically required by Executive order to be kept secret ^'•^^^y- in the interest of the national defense or foreign policy; "(2) related solely to the internal personnel rules and practices of an agency; " (8) 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 letters whicli would not be available by law to a party other than an agency in litigation with the agency; "(H) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of per- sonal 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 examinati(m, 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, includ- ing maps, concerning wells. •'(c) This section does not authorize withholding of information or limit the availability of records to the public, except as specifi- cally stated in this section. This section is not authority to withhold Congressional information from Congress." reservation.
56 PUBLIC LAW 90-24-JUNE 5, 1967 [81 STAT. 80 Stat. 380. SEC. 2. The analysis of chapter 5 of title 5, United States Code, is amended by striking out: "552. Publication of information, rules, opinions, orders, and public records." and inserting in place thereof: "552. Public information; agency rules, opinions, orders, records, and proceed- ings." Repeal. SEC. 3. The Act of July 4,1966 (Public Law 89-487, 80 Stat. 250), is repealed. Effective date. SEC. 4. This Act shall be effective July 4, 1967, or on the date of enactment, whichever is later. Approved June 5, 1967, Public Law 90-24 J u n e 5, 1967 AN ACT [H. R. 7965] To transfer title to tribal land on the Fort Peck Indian Reservation, and for other purposes. Be it enacted hy the Senate and House of Representatives of the Fort P e c k United States of America in Congress assembled, That the Secretary Indian R e s e r v a - tion, Mont. of the Interior is hereby authorized to issue a patent conveying to Land convey- School District No. 45 and 45A, Roosevelt County, Montana, or any other local authority in Montana empowered to take title for the con- struction of a public school on the land, all right, title, and interest of the Assiniboine and Sioux Tribes of the Fort Peck Indian Reserva- tion and of the United States in and to a tract of land containing 20.62 acres, more or less, on the Fort Peck Indian Reservation, Roosevelt County, Montana, located in the southeast quarter of section 16, town- ship 27, north range 47 east, principal meridian Montana, and more j)articularly described as follows: From the southeast corner of section 16, townsliip 27 north, range 47 east, principal meridian Montana, proceed north 00 degrees 12 minutes 45 seconds west, along the section line, 1,325.5 feet; thence south 89 degrees 48 minutes west, 600.00 feet to the true point of beginning; thence north 00 degrees 12 minutes west, 625.60 feet; thence south 75 degrees 20 minutes 10 seconds west, along the Great Northern Railroad right-of-way line, 920.66 feet; thence south, 875.93 feet; thence east, 1,007.78 feet; thence north 27 degrees 42 minutes 59 seconds west, 197.45 feet; thence north 22 degrees 41 minutes 32 seconds west, 59.90 feet; thence north, 253.36 feet to the true point of beginning; Mineral r i g h t s . reserving to the tribes all minerals, including oil and gas: Provided, That the patent shall not be delivered to the grantee until School Dis- trict Numbered 45 and 45A, Roosevelt County, Montana, has conveyed to the United States in trust for the Fort Peck tribes, lands in accord- ance with the terms and conditions set forth in Resolution Numbered 545B-67-3, adopted March 17, 1967, by the Fort Peck Tribal Execu- tive Board and until all other terms and conditions of that resolution are fully satisfied. Approved June 5, 1967.