[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2746 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 2746

  To amend section 552(b)(3) of title 5, United States Code (commonly 
    referred to as the Freedom of Information Act) to provide that 
 statutory exemptions to the disclosure requirements of that Act shall 
    specifically cite to the provision of that Act authorizing such 
 exemptions, to ensure an open and deliberative process in Congress by 
 providing for related legislative proposals to explicitly state such 
              required citations, and for other purposes.


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                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2008

 Mr. Leahy (for himself and Mr. Cornyn) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend section 552(b)(3) of title 5, United States Code (commonly 
    referred to as the Freedom of Information Act) to provide that 
 statutory exemptions to the disclosure requirements of that Act shall 
    specifically cite to the provision of that Act authorizing such 
 exemptions, to ensure an open and deliberative process in Congress by 
 providing for related legislative proposals to explicitly state such 
              required citations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``OPEN FOIA Act of 2008''.

SEC. 2. SPECIFIC CITATIONS IN STATUTORY EXEMPTIONS.

    Section 552(b) of title 5, United States Code, is amended by 
striking paragraph (3) and inserting the following:
            ``(3) specifically exempted from disclosure by statute 
        (other than section 552b of this title), if that statute--
                    ``(A)(i) requires that the matters be withheld from 
                the public in such a manner as to leave no discretion 
                on the issue; or
                    ``(ii) establishes particular criteria for 
                withholding or refers to particular types of matters to 
                be withheld; and
                    ``(B) if enacted after the date of enactment of the 
                OPEN FOIA Act of 2008, specifically cites to this 
                paragraph.''.
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