FOIA Exemption 3 Statutes
Encyclopedia
Statutes Found to Qualify under Exemption 3 of the U.S. Freedom of Information Act, 5 USC 552.

Limitations of the list

The U.S. Freedom of Information Act exemptions from release of information can be found at 5 USC 552(b). Exemption 3 to FOIA is cited as 5 USC 552 b(3). In FOIA responses it is usually cited as just b(3). If a statute other than FOIA specifically forbids the release of information or sets clear criteria for types of information not to be released, it is a b(3) statute. Surprisingly, there is no single authorative list of such statutes. The U.S. Department of Justice, Office of Information Policy has created a list of statutes that have been cited in the recent FOIA annual reports by agencies in the federal executive branch. This list is updated annually. It consists of statutes tested in court cases and the court case citations are included. In addition, the list cites statutes that have conflicting opinions as to whether they are exempt 3 statutes. In other word, those that have been judgd as a b(3) statute in some federal courts, but not others. Those statutes are marked with asterisks. Not included are statutes that were not cited recently or have not been court tested. The Department of Justice list can be found in their FOIA Post bulletins.

A separate list by "Collaboration on Government Secrecy at American University Law School" suggests the universe of Exempt 3 statutes may be much larger. They cite 153 statutes as possible candidates.

New statutory language for 5 U.S.C. Section 552 b(3)

The U.S. Department of Justice's Office of Information Policy frequently posts guidance concerning FOIA called FOIA Post. On March 10, 2010 they posted a summary of the OPEN FOIA Act of 2009 which was passed as part of the Department of Homeland Security Appropriations Act, 2007
Department of Homeland Security Appropriations Act, 2007
The Department of Homeland Security Appropriations Act, 2007 is a U.S. act signed into law by President George W. Bush on October 4, 2006. The appropriation bill appropriates about $33.8 billion in homeland security funding, nearly $1.2 billion of which will go towards fencing off the southwest...

. The OPEN FOIA Act provides that new independent confidentiality
Confidentiality
Confidentiality is an ethical principle associated with several professions . In ethics, and in law and alternative forms of legal resolution such as mediation, some types of communication between a person and one of these professionals are "privileged" and may not be discussed or divulged to...

 provisions passed by Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....

after the passage of the OPEN FOIA Act must specifically state in the legislation that they are Exemption 3 statutes for FOIA purposes.

The new wording for Exemption 3 is

"b(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 (i.e., Oct. 29, 2009), specifically cites to this paragraph."

External links

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