Appendix B to AG's Memo on the Public Information Section of the APA

 

APPENDIX B

 

TABLE OF COMPARATIVE STRUCTURES: Public Law 89-487 and Public Law 90-23

 

PUBLICATION IN THE FEDERAL REGISTER

New Public Law 90-23

§ 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 * * *
(A) descriptions of * * *
(B) statements of * * *
(C) rules of procedure * * *
(D) substantive rules * * *
(E) every amendment * * *

Old Public Law 89-487

SEC. 3. Every agency shall make available to the public the following information:

(A) PUBLICATION IN THE FEDERAL REGISTER. -- Every agency shall separately * * *
(A) descriptions of* * *
(B) statements of * * *
(C) rules of procedure * * *
(D) substantive rules * * *
(E) every amendment * * *

 

AGENCY OPINIONS AND ORDERS

New Public Law 90-23

(2) Each agency, in accordance with published rules, shall make available * * *
(A) final opinions * * *
(B) those statements of * * *
(C) administrative staff * * *
(i) it has been indexed * * *
(ii) the party has actual * * *

Old Public Law 89-487

(b) AGENCY OPINIONS AND ORDERS. -- Every agency shall, in accordance with published rules, make available * * *
(A) all final opinions * * *
(B) those statements of * * *
(C) administrative staff * * *

 

AGENCY RECORDS

New Public Law 90-23

(3) Except with * * *

Old Public Law 89-487

(c) AGENCY RECORDS. -- Except with * * *

 

AGENCY PROCEEDINGS

New Public Law 90-23

(4) Each agency * * *

Old Public Law 89-487

AGENCY PROCEEDINGS. -- Every agency * * *

 

EXEMPTIONS

New Public Law 90-23

(b) This section does not apply to matters that are--
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)

Old Public Law 89-487

(e) EXEMPTIONS. -- The provisions of this section shall not be applicable to matters that are
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)

 

LIMITATIONS

New Public Law 90-23

(c) This section does not authorize withholding * * *

Old Public Law 89-487

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

 

MISCELLANEOUS

New Public Law 90-23

NOTE: Where applicable, the definition of "private party" has been incorporated into the text of Public Law 90-23.

NOTE: Section 2 of Public Law 90-23 amends the analysis of chapter 5 of title 5, United States Code, to comport with the caption of section 552.

Section 3 of Public Law 90-23 repeals Public Law 89-487.

Old Public Law 89-487

(g) PRIVATE PARTY. -- As used in this section * * *

 

EFFECTIVE DATE

New Public Law 90-23

Section 4 of Public Law 90-23 in effect retains the July 4, 1967 effective date for the new law.

Old Public Law 89-487

(h) EFFECTIVE DATE. --

____________________________

* In its place in the Administrative Procedure Act, section 3, 60 Stat. 237, 5 U.S.C. 1002 (1964 Ed.), was preceded by the caption "Public Information." That caption, and some of the captions which precede the text of each of the lettered subsections of section 3, Public Law 89-487, have been molded into the new caption for 5 U.S.C. 552.

 

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