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FEDERAL RESERVE BANK
OF N EW YORK

r Circular No. 6015 ~l
L August 10, 1967 -1

Board o f Governors’ Rules Regarding Availability o f Inform ation

To All Banks and Trust Companies, and Others Concerned,
in the Second Federal Reserve District:

Enclosed is a copy of the Rules Regarding Availability of Informa­
tion of the Board of Governors of the Federal Reserve System, as
revised effective July 4, 1967. Under the revised rules, previously
unpublished records and information of the Board of Governors are
made available to the public. These new rules replace the Rules
Regarding Information, Submittals, and Requests, which begin on
page 13 of the Board of Governors’ pamphlet entitled “ Rules of
Organization and Procedure.”




Additional copies of the enclosure will be furnished upon request.
A

lfred

H

ayes,

President.

BOARD OF GOVERNORS
OF THE
FEDERAL RESERVE SYSTEM

RULES REGARDING
AVAILABILITY OF INFORMATION




(12 CFR 261)

As revised effective July 4, 1967

INQUIRIES WITH RESPECT TO THESE RULES
Any inquiry relating to these rules should be addressed to the
Federal Reserve Bank of the district in which the inquiry arises.

S T A T U T O R Y A U T H O R IT Y
These rules are issued pursuant to the provisions o f section
552, Title 5, United States Code, w hich is published in the
A ppendix hereto.




CONTENTS
Page

Sec . 261.1-B asis

and

Scope ................................................................................

S e c . 2 6 1 .2 -D e f i n i t i o n s

1

.....................................................................................................

1

(а )

“ In fo rm a tio n o f the B o a rd ” .......... .....................................

1

(б )

“ R ecords o f the B o a rd ”

1

S e c . 2 6 1 .3 -P u b l is h e d

I n f o r m a t io n

F e d e ra l R e g iste r

( a)

..........................................................

................................................................................... 1
......................................................................... ......... 1

( b ) A n n u a l R e p o r t ........................................................................................ 2
(c)

F e d e ra l R eserve B u lletin ................................................................. 2

(d)

O th er published i n f o r m a t i o n ................................................ ......... 3

(e )

O b ta in in g published in f o r m a t i o n ..................................................3

S e c . 2 6 1 .4 -R ecords A v a il a b l e to t h e P u b l ic u p o n R e q u e s t ....................
(a )

G eneral ru le

....................................................................................

( b)

O p inion s, ord ers, sta tem en ts o f p olicy, in terp reta ­

(c)

O th er records

( d)

O b ta in in g access to re c o rd s .....................................................

3
3

tio n s, and s ta ff m a n u als and in s t r u c t io n s ................

.....................................................

S e c . 2 6 1 .6 - E x e m p t io n s fr o m D i s c l o s u r e .............................................................
(a )

G eneral r u l e ......................................................................................

( b)

In fo rm a tio n available to supervised institu tions and

(c)

P rohibition a g a in st d i s c lo s u r e ..............................................

(d )

A p p e a l fro m denial o f access to i n f o r m a t i o n .............

other G overnm ent a g e n c ie s ................................................

S e c . 2 6 1 .7 -S u b p o e n a s ..........................................................................................................

A

( a)

A d v ice b y person s e r v e d ..........................................................

( b)

A p p e a ra n ce by person s e rv e d ................................................

p p e n d ix




cncn

D e ferm en t o f av a ila b ility

( b ) R easons f o r d eferm en t o f a v a i l a b i l i t y ............................

0 0 - 3 —3

( a)

oooooo

S e c . 2 6 1 .5 -D e f e r m e n t of A v a il a b il it y of C e r t a in I n f o r m a t i o n -------

cnwcn

.................................................................................

9

RULES REGARDING
AVAILABILITY OF INFORMATION *
(12 CFR 261)
As revised effective July 4, 1967
SECTION 261.1— BASIS AND SCOPE

This Part is issued by the Board of Governors of the Federal
Reserve System (the “ Board” ) pursuant to the requirement of
section 552 of Title 5 of the United States Code that every Federal
agency shall publish in the Federal Register, for the guidance of
the public, descriptions of the established places at which, the
officers from whom, and the methods whereby, the public may
obtain information, make submittals or requests, or obtain de­
cisions.
SECTION 261.2— DEFIN ITIO N S

(а) “ Information of the Board” .— For purposes of this Part,
the term “ information of the Board” means all information
coming into the possession of the Board or of any member
thereof, or of any Federal Reserve Bank, or of any officer, em­
ployee, or agent of the Board or of any Federal Reserve Bank,
in the performance of functions for or on behalf of the Board,
including functions delegated by the Board pursuant to Part 265
of this Chapter.
(б) “ Records of the Board” .— For purposes of this Part, the
term “ records of the Board” means rules, statements, opinions,
orders, memoranda, letters, reports, accounts, and other papers
containing information of the Board that constitute part of the
Board’s official files.
SECTION 261.3— PUBLISH ED IN FORM ATION

(a.) Federal Register.— To the extent required by sections 552
and 553 of Title 5 of the United States Code, and subject to the
provisions of §§ 261.5 and 261.6, the Board publishes in the
Federal Register for the guidance of the public, in addition to
this Part,
(1) descriptions of its central and field organization;
(2) 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;
* The text corresponds to the Code o f Federal Regulations, T itle 12, Chapter II, P a rt 261;
cited as 12 C F R 261. The w ords “ this P a rt’*, as used herein, mean these rules.




1

RULES REGARDING INFORMATION

2

(8 )
rules o f procedure, descriptions o f form s available
o r the places at w hich form s m ay be obtained, and instruc­
tions as to the scope and contents o f all papers, reports, or
exam inations;
(4 ) substantive rules o f general applicability adopted as
authorized by law, and statements o f general policy or inter­
pretations o f general applicability form ulated and adopted
b y the Board;
(5 ) every amendment, revision, or repeal o f the fo r e ­
goin g; and
(6 ) general notices o f proposed rule making.
The Board also publishes in the Federal R egister notice o f r e ­
ceipt o f applications pursuant to the Bank H olding Com pany A ct
o f 1956 (12 U.S.C. 1842), orders and supporting statements
issued by the B oard with respect to such applications and applica­
tions under the Bank M erger A ct (12 U.S.C. 1 8 2 8 ( c ) ) , and
notices o f form al hearings ordered by the Board.
(6 )
Annual Report.— The B oa rd ’s Annual R eport to Congress
pursuant to section 10 o f the Federal Reserve A ct (12 U.S.C.
2 4 7 ), w hich is made public im m ediately after its subm ission to
Congress, contains a full account o f the B oard’s operations dur­
in g the year, an econom ic review o f the year, and legislative
recom m endations to Congress. A s required by law, the Annual
R eport includes (1 ) a com plete record o f the policy actions taken
by the B oard and the Federal Open M arket Committee, show ing
the votes taken thereon and the reasons underlying such actions
(12 U.S.C. 247a) ; (2 ) m aterial pertaining to the adm inistration
o f the B oa rd ’s functions under the Bank H olding Com pany A ct
o f 1956 (12 U.S.C. 1844) ; and (3 ) material pertaining to bank
m ergers approved by the B oard under section 1 8 (c ) o f the F ed­
eral D eposit Insurance A ct (12 U.S.C. 1 8 2 8 ( c ) ).
(c ) Federal Reserve Bulletin.— In the Federal Reserve Bul­
letin, w hich is issued m onthly, the Board publishes econom ic and
statistical in form ation ; special articles on subjects o f econom ic
in terest; regulations, statements o f general policy, and inter­
pretations o f laws and regulations o f general interest to the
p u b lic ; notices o f actions by the Board on certain types o f applica­
tions, such as applications fo r m em bership in the Federal R eserve
System ; and orders and accom panying statements o f the Board
w ith respect to certain types o f adjudications. Some material that
is published in the Bulletin is released in advance o f such publica­
tion, exam ples being certain regulations, interpretations, orders



RULES REGARDING INFORMATION

3

and opinions, a m onthly sum m ary o f business conditions, the
B oard’s index o f industrial production, and certain other statisti­
cal series.

( d ) Other published information.— A s required by section
1 1 (a ) o f the Federal Reserve A ct (12 U.S.C. 2 4 8 ( a ) ) , the Board
issues w eekly (1 ) a statement o f the condition o f the Federal
Reserve Banks; (2 ) a statement listing certain applications re­
ceived by or on behalf o f the Board and actions on such applica­
tions by the Board, or on behalf o f the B oard pursuant to author­
ity delegated under P art 265 o f this C h a p ter; and (3 ) a statement
show ing changes in the banking structure resulting from m ergers
and the establishm ent o f branches. F rom tim e to time, the Board
issues statements to the press regarding particular m onetary and
credit actions, regulatory actions, actions w ith respect to certain
types o f applications, and other matters. In addition, it issues
various publications, the m ore im portant o f w hich are listed in
the m onthly Federal Reserve Bulletin. A m on g such publications
is a loose-leaf com pilation o f Interpretations of the Board of
Governors of the Federal Reserve System.
( e ) Obtaining published information. — A nyone m ay subscribe
to the Federal R eserve Bulletin at the rate therein indicated. A
copy o f each issue o f the Bulletin is sent w ithout charge to each
m em ber bank. Current or back issues o f the Bulletin, Annual
Reports, rules, regulations, and certain other published inform a­
tion m ay be exam ined at the offices o f the Board or any Federal
Reserve Bank, and copies, i f in stock, are supplied by the Board
at prescribed charges or at no cost.

SECTION 261.4— RECORDS A V A IL A B L E TO THE PUBLIC
UPON REQUEST

(a)
General rule.— A ll records o f the Board, w hether or not
published under § 261.3, are made available to any person, upon
request, fo r inspection and copyin g in accordance w ith the p ro­
visions o f this section and su bject to the lim itations stated in
§§ 261.5 and 261.6. R ecords fallin g w ithin the exem ptions from
disclosure set forth in section 5 5 2 (b ) o f Title 5 o f the United
States Code and in § 261.6 m ay nevertheless be made available in
accordance w ith this section to the fullest extent consistent, in
the B oard’s judgm ent, with the effective perform ance o f the
B oard’s statutory responsibilities and w ith the avoidance o f in­
ju r y to a public or private interest intended to be protected by
such exem ptions.



4

RULES REGARDING INFORMATION

( b ) Opinions, orders, statements of policy, interpretations,
and staff manuals and instructions.— Subject to the provisions
o f §§ 261.5 and 261.6, the B oard makes available f o r inspection
and copyin g (1 ) all final opinions (including con cu rrin g and dis­
senting opinions) and orders m ade in the adjudication o f cases,
including such opinions and orders m ade pursuant to authority
delegated by the B oard under Part 265 o f this C h apter; (2 )
statements o f policy and interpretations adopted b y the B oard
that are not published in the Federal R eg ister; and (3 ) adm inis­
trative staff manuals and instructions to staff that affect any
m em ber o f the public. H ow ever, to the extent required to prevent
a clearly unwarranted invasion o f personal privacy, the Board
deletes iden tifyin g details in any m aterial o f the kinds above
d escrib ed ; and in each such case the justification fo r such deletion
is explained in w ritin g. The Board m aintains and makes available
fo r public inspection and copyin g a current index providing
iden tifyin g in form ation fo r the public as to any m aterial de­
scribed in this paragraph w hich is issued, adopted, o r prom ul­
gated a fte r July 4,1967.
( c ) Other records. — Subject to the provisions o f §§ 261.5 and
261.6, records o f the B oard not covered by paragraph ( b) o f this
section, including a record o f the final votes o f mem bers o f the
B oard in any B oard proceeding, are made available f o r inspection
and copyin g to any person upon request.
( d) Obtaining access to records. — R ecords o f the B oard sub­
je c t to this section are available fo r inspection and copyin g dur­
in g regular business hours at the offices o f the Board o f G overnors
o f the Federal Reserve System, Federal Reserve Building, 20th
and Constitution Avenue, W ashington, D. C., 20551, or, in the
case o f records containing inform ation required to be disclosed
under section 12 o f the Securities Exchange A ct o f 1934, as
amended (15 U.S.C. 7 8 ), at the offices o f the Federal D eposit
Insurance C orporation or at any Federal R eserve Bank. E very
request fo r access to records o f the Board, other than those con­
taining in form ation required under section 12 o f the Securities
E xchange A ct, shall be subm itted in w ritin g to the Secretary o f
the B oard, shall state the name and address o f the person request­
in g access to such records, and shall describe such records in a
m anner reasonably sufficient to perm it their identification w ith­
out undue difficulty; and such person shall pay a fee in an amount
based upon $5 per hour fo r the tim e required to locate such rec­
ords and prepare them fo r inspection, plus 10 cents per standard
page fo r any copyin g thereof.



RULES REGARDING INFORMATION

5

SECTION 261.5— DE FER M EN T OF A V A IL A B IL IT Y OF
C ER TA IN IN FO RM ATION

(a)
Deferment of availability.— In some instances, certain
types o f inform ation o f the B oard are not published in the Fed­
eral R egister o r made available f o r inspection and copyin g until
after such period o f time as the Board m ay determ ine to be
reasonably necessary to avoid the effects described in paragraph
( b) o f this section. F or example, such deferm ent o f publication
or availability o f inform ation to the public m ay occasionally be
necessary w ith respect to inform ation relating to the determ ina­
tion o f m onetary or credit policies, including but not limited to
discount rates, reserve requirem ents o f m em ber banks, maximum
interest rates payable by m em ber banks on deposits, and m argin
requirem ents.
(b)
Reasons for deferment of availability.— Publication of, or
public access to, certain inform ation o f the Board m ay be de­
ferred because earlier disclosure o f such inform ation would
(1 ) in terfere w ith the accom plishm ent o f the objectives
o f the B oard’s actions in the discharge o f its statutory fu n c­
tions;
(2 ) perm it speculators and others to gain unfair profits
or other u nfair advantages by speculative trading in secur­
ities o r otherw ise;
(3 ) in terfere with the orderly execution o f the objectives
or policies o f other Governm ent agencies;
(4 ) result in unnecessary or unwarranted disturbances
in the securities m arkets; or
(5 ) interfere with the orderly conduct o f the foreign
affairs o f the United States.
SECTION 261.6— EXEM PTIO N S FROM DISCLOSURE

(a)
General rule.— E xcept as otherw ise provided in this Part
or as m ay be specifically authorized by the Board, inform ation in
the records o f the Board that is not available to the public
through other sources will not be published in the Federal R eg­
ister or made available fo r inspection and copying i f such in for­
mation

(1 ) is exem pted from disclosure by statute or executive
order;
(2 ) is contained in or related to exam ination, operating,
or condition reports prepared by, on behalf of, or fo r the use



RULES REGARDING INFORMATION

of, the Board or a Federal Reserve Bank, relating to the a f­
fairs o f any bank or affiliate thereof, bank holding com pany
or subsidiary thereof, broker, finance com pany, or any other
person engaged, or proposin g to engage, in the business o f
banking, extending credit, or m anaging or controlling
banks;
(3 ) is privileged or relates to the business, personal, or
financial affairs o f any person and is furnished in confidence;
Provided, however, That, follow in g notice to the person fu r ­
nishing such inform ation, the Board m ay make any in form a­
tion furnished in confidence in connection w ith an applica­
tion fo r Board approval o f any transaction available to the
public in accordance w ith § 2 6 1 .4 (c ), and, to the extent it
deems necessary and w ithout prior notice to such person, the
Board may com m ent on such in form ation in any opinion or
statement issued to the public in connection w ith a decision
o f the Board with respect to w hich such inform ation is
releva n t;
(4 ) is contained in investigatory files com piled fo r law
enforcem ent purposes (except to the extent available by law
to a private p a r ty ), including inform ation relating to p ro­
ceedings fo r (i) the issuance o f a cease-and-desist order, or
order o f suspension or rem oval, under the Financial Institu­
tions Supervisory A ct o f 1966; (ii) the term ination o f m em ­
bership o f a State bank in the Federal R eserve System
pursuant to section 9 o f the Federal Reserve A ct (12 U.S.C.
3 2 7 ); (iii) the suspension o f a bank fro m use o f the credit
facilities o f the Federal R eserve System pursuant to section
4 o f the Federal Reserve A ct (12 U.S.C. 3 0 1 ); and (iv ) the
granting or revocation o f any approval, perm ission, or
authority, except to the extent provided in this P art and
except as provided in P art 262 o f this Chapter concerning
bank holding com pany and bank m erger applications.
(5 ) relates solely to the internal personnel rules and
practices or other internal practices o f the B oard;
(6 ) is contained in personnel, medical, and sim ilar files,
the disclosure o f w hich would constitute a clearly unw ar­
ranted invasion o f personal privacy; or
(7 ) is contained in inter-agency or intra-agency m em o­
randa or letters that would not be routinely available b y law
to a private party in litigation w ith the Board, including but
not lim ited to m em oranda, reports, and other docum ents pre


RULES REGARDING INFORMATION

7

pared by the staffs o f the Board or o f the Federal Reserve
Banks, and records o f deliberations and discussions at m eet­
ings o f the Board or o f any com m ittee o f the Board or o f the
B oard’s staff.

( b ) Information available to supervised institutions and other
Government agencies.— A copy o f each report o f exam ination o f
each State m em ber bank and o f each bank holding com pany is
made available by the appropriate Federal Reserve Bank to the
bank or com pany examined. Such reports and other appropriate
inform ation relating to such a bank or com pany are made avail­
able, upon request, by the D irector o f the B oard’s Division o f
Exam inations to the C om ptroller o f the C urrency and the Fed­
eral D eposit Insurance Corporation, and by the appropriate
Federal Reserve Bank to the Regional Com ptroller o f the
Currency, the regional representative o f the Federal Deposit
Insurance C orporation, and the State governm ental authority
having general supervision o f such bank or com pany. Such re­
ports and other inform ation m ay be made available by the Board
to other agencies o f the United States fo r use where necessary in
the perform ance o f th eir official duties. All reports o r other in­
form ation made available pursuant to this paragraph shall re­
m ain the property o f the Board and, except as otherwise provided
in this Part, no person, agency, or authority to whom the in fo r ­
m ation is made available, or any officer, director, or employee
thereof, shall disclose any such inform ation except in published
statistical m aterial that does not disclose the affairs o f any in­
dividual or corporation.
(c) Prohibition against disclosure.— E xcept as provided in this
Part, no officer, employee, or agent o f the Board or o f any Federal
R eserve Bank shall disclose or perm it the disclosure o f any un­
published inform ation o f the Board to anyone (other than an
officer, employee, or agent o f the Board or o f a Federal Reserve
Bank properly entitled to such inform ation fo r the perform ance
o f his official du ties), whether by givin g out or furnishing such
inform ation or a copy th ereof or by allow ing any person to in­
spect or copy such inform ation or copy thereof, o r otherwise.
N otw ithstanding the foregoin g, unpublished econom ic, statistical,
or sim ilar inform ation or unpublished inform ation regarding in­
terpretations by the B oard o f statutory or regulatory provisions
m ay be disclosed, orally or in w riting, by any officer, employee,
or agent o f the Board or o f any Federal Reserve Bank who has
know ledge o f the subject m atter to any person who, in the ju d g ­
ment o f such officer, employee, or agent, has a prop er interest



8

RULES REGARDING INFORMATION

therein, subject, how ever, to the restrictions stated in § 261.5
and this § 261.6.

(d)
Appeal from denial of accc;ss to information.— A n y per­
son who is denied access to records o f the Board may, w ithin 5
days thereafter, file w ith the B oard a w ritten request fo r review
o f such action; and such review shall not be subject to the p roce­
dure prescribed in § 265.3 o f this Chapter w ith respect to review
o f actions taken pursuant to authority delegated by the Board.
SECTION 261.7— SUBPOENAS

(a ) Advice by person served.— If any person, w hether or not
an officer, employee, or agent o f the Board or o f a Federal R e­
serve Bank, has inform ation o f the Board that m ay not be dis­
closed under this P art and in connection therew ith is served
w ith a subpoena, order, or other process requiring his personal
attendance as a w itness or the production o f docum ents or in­
form ation in any proceeding, he should prom ptly in form the
Secretary o f the Board o f such service and o f all relevant facts,
including the docum ents and in form ation requested and any facts
which m ay be o f assistance to the B oard in determ ining w hether
such documents or in form ation should be made available; and
he should take action at the appropriate tim e to in form the court
or tribunal that issued the process and the attorney fo r the party
at whose instance the process was issued, i f known, o f the sub­
stance o f these rules.
(b) Appearance by person served.— Unless the Board has
authorized disclosure o f the relevant inform ation, or except as
provided in 18 U.S.C. 1906, any person having inform ation o f
the B oard that may not be disclosed under this P art w ho is re­
quired to respond to a subpoena or other legal process shall at­
tend at the time and place therein m entioned and decline to dis­
close such inform ation or give any testim ony w ith respect thereto,
basing his refusal upon this Part. I f the court or other body
orders the disclosure o f such in form ation o r the g iv in g o f such
testim ony, the person having such in form ation o f the Board shall
continue to decline to disclose such in form ation and shall
prom ptly report the facts to the B oard f o r such action as the
Board m ay deem appropriate.




APPENDIX

9

Section 552, Title 5, United States Code, provides as fo llo w s :

§ 55 2 . Public inform ation; agency rules, opinions, orders, rec­
ords, and proceedings
(a )
Each agency shall make available to the public inform a­
tion as fo llo w s :
(1 ) Each agency shall separately state and currently pub­
lish in the Federal R egister fo r the guidance o f the public—
(A ) descriptions o f its central and field organization
and the established places at which, the employees (and
in the case o f a uniform ed service, the m em bers) from
whom, and the methods whereby, the public m ay obtain
inform ation, make submittals or requests, or obtain de­
cisions;
(B ) statements o f the general course and method by
w hich its functions are channeled and determined, includ­
ing the nature and requirem ents o f all form al and in fo r­
mal procedures available;
(C ) rules o f procedure, descriptions o f form s available
or the places at which form s m ay be obtained, and instruc­
tions as to the scope and contents o f all papers, reports, or
exam inations;
(D ) substantive rules o f general applicability adopted
as authorized by law, and statements o f general policy or
interpretations o f general applicability form ulated and
adopted by the agency; and
(E ) each amendment, revision, or repeal o f the fo r e ­
going.
E xcept to the extent that a person has actual and tim ely notice
o f the term s thereof, a person may not in any m anner be required
to resort to, or be adversely affected by, a m atter required to be
published in the Federal R egister and not so published. F or the
purpose o f this paragraph, m atter reasonably available to the
class o f persons affected thereby is deemed published in the Fed­
eral R egister when incorporated by reference therein w ith the
approval o f the D irector o f the Federal Register.
(2 ) E ach agency, in accordance w ith published rules, shall
make available fo r public inspection and copying—




RULES REGARDING INFORMATION

10

(A ) final opinions, including concurrin g and dissenting
opinions, as well as orders, made in the adjudication o f
cases;
(B ) those statements o f policy and interpretations
w hich have been adopted by the agency and are not pub­
lished in the Federal R egister; and
(C ) adm inistrative staff manuals and instructions to
staff that affect a m em ber o f the public;
unless the m aterials are prom ptly published and copies offered
fo r sale. To the extent required to prevent a clearly unw arranted
invasion o f personal privacy, an agency m ay delete iden tifyin g
details when it makes available or publishes an opinion, state­
m ent o f policy, interpretation, or staff manual or instruction.
H owever, in each case the justification fo r the deletion shall be
explained fully in w riting. E ach agency also shall m aintain and
make available fo r public inspection and copyin g a current index
providin g iden tifyin g inform ation fo r the public as to any m atter
issued, adopted, or prom ulgated a fter July 4, 1967, and required
by this paragraph to be m ade available or published. A final
order, opinion, statement o f policy, interpretation, or staff m an­
ual or instruction that affects a m em ber o f the public m ay be
relied on, used, or cited as precedent by an agency against a party
other than an agency only i f —
(i) it has been indexed and either made available or
published as provided by this paragraph; or
(ii) the party has actual and tim ely notice o f the term s
thereof.
(3 )
E xcept with respect to the records made available under
paragraphs (1 ) and (2 ) o f this subsection, each agency, on re­
quest fo r identifiable records m ade in accordance w ith published
rules stating the time, place, fees to the extent authorized by
statute, and procedure to be follow ed, shall make the records
prom ptly available to any person. On com plaint, the district court
o f the United States in the district in w hich the com plainant
resides, o r has his principal place o f business, or in w hich the
agency records are situated, has ju risdiction to enjoin the agency
fro m w ithholding agency records and to order the production o f
any agency records im properly withheld fro m the com plainant.
In such a case the court shall determ ine the m atter de novo and
the burden is on the agency to sustain its action. In the event o f
noncom pliance w ith the order o f the court, the district court m ay
punish fo r contem pt the responsible employee, and in the case o f



RULES REGARDING INFORMATION

11

a uniform ed service, the responsible m em ber. E xcept as to causes
the court considers o f greater im portance, proceedings b efore the
district court, as authorized by this paragraph, take precedence
on the docket over all other causes and shall be assigned fo r hear­
ing and trial at the earliest practicable date and expedited in
every way.
(4 )
Each agency having m ore than one m em ber shall m ain­
tain and make available fo r public inspection a record o f the
final votes o f each m em ber in every agency proceeding.
(b ) This section does not apply to m atters that are—
(1 ) specifically required by E xecutive order to be kept
secret in the interest o f the national defense or foreign
policy;
(2 ) related solely to the internal personnel rules and prac­
tices o f an agency;
(3 ) specifically exempted fro m disclosure b y statute;
(4 ) trade secrets and com m ercial or financial inform ation
obtained fro m a person and privileged or confidential;
(5 ) inter-agency or intra-agency m emorandums or let­
ters which would not be available by law to a party other
than an agency in litigation with the agency;
(6 ) personnel and medical files and sim ilar files the dis­
closure o f which would constitute a clearly unwarranted in­
vasion o f personal privacy;
(7 ) investigatory files com piled fo r law enforcem ent pur­
poses except to the extent available by law to a party other
than an agency;
(8 ) contained in or related to exam ination, operating, or
condition reports prepared by, on behalf of, or fo r the use o f
an agency responsible fo r the regulation or supervision o f
financial institutions; or
(9 ) geological and geophysical inform ation and data, in­
cluding maps, concerning wells.
(c ) This section does not authorize w ithholding o f inform ation
or lim it the availability o f records to the public, except as specifi­
cally stated in this section. This section is not authority to w ith­
hold in form ation from Congress.