II 111th CONGRESS 1st Session S. 612 IN THE SENATE OF THE UNITED STATES March 17, 2009 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.

1.

Short title

This Act may be cited as the OPEN FOIA Act of 2009.

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 2009, specifically cites to this paragraph. .