Page:United States Statutes at Large Volume 81.djvu/88

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PUBLIC LAW 90-000—MMMM. DD, 1968

PUBLIC LAW 90-23-JUNE 5, 1967

54

[81 STAT.

Public Law 90-23 June 5, 1967 [H. R. 5357]

P u b l i c information. 80 Stat. 383.

P u b l i c a t i o n in Federal Register.

Inspection and copying.

Conditions.

AN ACT To ameiul section "y2 of title T), United States Code, to codify the provisions of Public Law 89-^87.

Be It endcted by the Senate and House of RepresentativeH of the United States of America in Congress assembled. That section 552 of 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: "(1) Each 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 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 which 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 interpretations 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 paragraph, 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. "(2) Each agency, in accordance with published rules, shall make available for public inspection and copying— " (A) final opinions, including concurring and dissenting opinions, 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, interpretation, or staff manual or instruction. However, in each case the justification for the deletion shall be explained fully in writing. Each 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 issued, adopted, or promulgated after July 4, 1967, and required by this paragraph to be made available or published. A final order, opinion, statement of policy, interpretation, or staff manual