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Citation[]

OPEN FOIA Act of 2009, enacted as section 564 of the Department of Homeland Security Appropriations Act, 2010, Pub. L. No. 111-83, 123 Stat. 2142, 2184.

Overview[]

Prior to the enactment of this Act, Exemption 3 of the FOIA authorized the withholding of information "specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) require[d] that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishe[d] particular criteria for withholding or refer[red] to particular types of matters to be withheld."[1]

This Act amends Exemption 3 by adding a new requirement that any statute "enacted after the date of enactment of the OPEN FOIA Act of 2009" must "specifically cite to this paragraph." Thus, the text of Exemption 3 now reads as follows:

(b) This section does not apply to matters that are- . . .

(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.[2]

References[]

  1. 5 U.S.C. §552(b)(3) (2006), amended by OPEN Government Act of 2007, Pub. L. No. 110-175, 121 Stat. 2524.
  2. 118 Stat. at 2184.
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