The attached letter is in support of S. 2746, which has a very straightforward intent: to ensure that, whenever Members of Congress try to slip exemptions to the FOIA into other legislation, they have to reference the relevant provision of the FOIA ( 5 USC 552(b)(3)). This is to enable the Committees with jurisdiction over the FOIA ? and us -- to find them and challenge them before they slip through. The other language just reiterates provisions already in the law. These (b)(3) ? by other statute ? exemptions are often very expansive and amount to huge carve-outs of the public?s ability to gain access to information. We are accepting sign-ons until 5pm (EDT) on 3 July. Please contact Amy Fuller if your organization would like to sign-on. Thanks. Patrice McDermott, Director OpenTheGovernment.org www.openthegovernment.org 202.332.OPEN (6736) July 7, 2008 The Honorable Patrick Leahy Committee on the Judiciary United States Senate Washington, DC 20510 The Honorable Arlen Specter Committee on the Judiciary United States Senate Washington, DC 20510 Dear Mr. Chairman and Senator Specter: We write on behalf of the undersigned group of business, public interest, and historical organizations to endorse the OPEN FOIA Act (S. 2746), which would ensure transparency by requiring that every statutory carve-out to the Freedom of Information Act (FOIA) expressly reference section 552(b)(3) of that Act. These statutory exemptions limit public access to information under the FOIA and need to be openly discussed prior to enactment. As you know, the intent of the FOIA, ensuring an open and accountable government, has been seriously undermined by members of Congress who attempt to limit public access to government information through inconspicuous provisions buried deep in proposed legislation. Such provisions can establish new FOIA exemptions under section 552(b)(3), often without any public debate about whether the new exemption is necessary or appropriate. Passage of S. 2746 is vitally important because it will require that every proposed new carve-out to the FOIA specifically reference the Act. To preserve the ideals of openness that FOIA embodies, bills that exempt records from FOIA should be transparent about their intent and effect. By requiring that every proposed FOIA carve-out specifically reference 5 U.S.C. 552(b)(3), the OPEN FOIA Act will give members of the public and open government advocates the tools they need to find, analyze and challenge these hidden exemptions before they are passed into law. We therefore urge the Senate Judiciary Committee to report S. 2746 favorably and help it move quickly to the Senate floor for passage. Thank you. Sincerely, OpenTheGovernment.org National Security Archive Open Society Policy Center Electronic Frontier Foundation American Association of Law Libraries Public Citizen American Civil Liberties Union U.S. Bill of Rights Foundation