81 STAT. ]
PUBLIC LAW 90-23-JUNE 5, 1967
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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 paragraphs (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 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 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 authorized by this paragraph, 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. '*{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 ^'•^^^yin 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 which 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 personal 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, including maps, concerning wells. •'(c) This section does not authorize withholding of information or limit the availability of records to the public, except as specifically stated in this section. This section is not authority to withhold Congressional information from Congress." reservation.
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