The "National Defense Authorization Act For Fiscal Year 1997" was signed into law on
September 23, 1996, and became effective on September 23, 1996.  It contains a new
provision that requires withholding information pursuant to FOIA exemption (3).  Section
821 of the Act, which amends section 303B of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. µ 253b), prohibits the release of contractor proposals
under the FOIA.  A copy of Section 821 is attached to this
memorandum.  FOIA Exemption (3) permits the withholding of information prohibited from
disclosure by another statute if one of the following two requirements is met:  the
statute either "(A) requires that the matters be withheld from the public in such
a manner as to leave no discretion on the issue, or (B) establishes particular
criteria for withholding or refers to particular types of matters to be withheld"
(emphasis supplied).   It is clear Section 821 meets the requirement in subpart (A)
of exemption (3).   


By copy of this memorandum, I am requesting that the Departmental FOIA Officer insure
that all bureau/office FOIA Coordinators are made aware of this new exemption (3) statute.




Attachment


cc:  Departmental FOIA Officer (w/attachment)
     Departmental FOIA Appeals Officer (w/attachment)
     DGL Attorneys (w/attachment)