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Code · BILL · 118th Congress · H.R. 8597 (Introduced in House) — To amend the Ethics in Government Act of 1978, the Rules of the House of Representatives, the Lobbying Disclosure Act... · Sec. 703

Sec. 703. Other matters

676 words·~3 min read·/bill/118/hr/8597/ih/section-703·

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Section 552(b) of title 5, United States Code, is amended— in paragraph (3)(B), by inserting with an explanation for the exemption after specifically cites to this paragraph ; in paragraph (5), by inserting before the semicolon at the end the following: , except for inter-agency and intra-agency memorandums or letters required to be disclosed under subsection (a), including— opinions that are controlling interpretations of law; final reports or memoranda created by an entity other than the agency, including other Governmental entities, at the request of the agency and used to make a final policy decision; or guidance documents used by the agency to respond to the public. ; in paragraph (6), by striking similar files and inserting files that contain personal information (such as contact information or financial information of a person) ; and in the matter following paragraph (9)— by inserting before Any reasonably segregable portion the following:
An agency may not withhold information under this subsection unless such agency reasonably foresees that disclosure would cause specific identifiable harm to an interest protected by an exemption ; and by inserting before If technically feasible, the following: For each record not released in whole or in part pursuant to the exemption under paragraph (3), the agency shall, at the time the agency provides the record or a response to the request for such record, identify that the record was not released in whole or in part pursuant to such exemption .
Section 552(a)(6)(C)(i) of title 5, United States Code, is amended by striking the fourth sentence and inserting at the end the following: Any notification of denial or partial denial of any request for records under this subsection shall set forth each name and title or position of each person responsible for the denial or partial denial or any decision to withhold a responsive record under subsection (b). . Section 552(h) of title 5, United States Code, is amended by adding at the end the following:
The head of an administrative agency shall provide to the Director of the Office of Government Information Services any record requested by the Director for the purpose of carrying out mediation services pursuant to paragraph (3). . Subsection
(i)of section 552 of title 5, United States Code, is amended to read as follows: The Comptroller General shall— not later than one year following enactment of this clause, and every 2 years thereafter, audit each agency to determine compliance with and implementation of the requirements of this section and issue reports to the Committee on Judiciary of the House of Representatives and the Senate on the result of such audit; catalog the matters specifically exempted from disclosure by statute pursuant to subsection (b)(3), and any use of such exemptions by agencies; and review and prepare a report on the processing of requests by agencies for information pertaining to an entity that has received assistance under title I of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5211 et seq. ) during any period in which the Federal Government owns or owned more than 50 percent of the stock of such entity. . Section 552 of title 5, United States Code, is amended by adding at the end the following: The Congressional Research Service shall, on an annual basis— compile a list of statutes that specifically exempt records from disclosure pursuant to subsection (b)(3); and make such list available to— the Committee on Oversight and Accountability of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and the public. . Section 552(a)(8)(A)(i)(I) of title 5, United States Code is amended by inserting , and such harm outweighs the public interest (including the interest in furthering public understanding of the operations or decision making of an official or employee of an agency, facilitating the ability of the public to make informed decisions with respect to electoral or democratic processes, investigating any reasonable suspicion of governmental wrongdoing, and furthering public health or safety) in making available such information after described in subsection
(b).
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Sec. 703
Other matters
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