Information about watermelon handlers, avocado importers and caves are some of the categories of information that have been withheld from federal Freedom of Information Act requesters using sections of laws that are otherwise unrelated to disclosure. There are hundreds of such laws, according to data compiled by the Sunshine in Government Initiative. They fall under number three—known as b(3)—of the nine exemptions. Use our database to see how extensively agencies use b(3) exemptions. Related Article: FOIA Eyes Only: How Buried Statutes are Keeping Information Secret

ProPublica intern Sergio Hernandez contributed research to this project.

Use by Agency

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Name Use Rate
Consumer Product Safety Commission 152.8
Central Intelligence Agency 95.0
Dept. of Treasury 69.6
Dept. of State 69.4
Office of the Director of National Intelligence 51.7
Federal Maritime Commission 50.0
American Battle Monuments Commission 50.0
Federal Trade Commission 46.0
Railroad Retirement Board 43.3
Commodity Futures Trading Commission 41.3
Dept. of Veterans Affairs 33.3
Dept. of Commerce 32.2
United States Postal Service 32.1
Agency for International Development 30.3
United States International Trade Commission 30.0
United States Trade and Development Agency 25.0
Dept. of Defense 19.5
Equal Employment Opportunity Commission 15.3
Special Inspector General for Iraq Reconstruction 14.3
Broadcasting Board of Governors 13.3
General Services Administration 13.2
Dept. of Agriculture 12.7
AMTRAK 12.6
Dept. of Justice 12.6
National Archives and Records Administration 12.3
Federal Election Commission 10.6
National Aeronautics and Space Administration 10.4
Dept. of Energy 9.9
United States International Boundary and Water Commission 9.1
National Science Foundation 8.2
Federal Energy Regulatory Commission 6.7
Tennessee Valley Authority 6.0
Dept. of Transportation 5.7
Dept. of Interior 5.5
Environmental Protection Agency 3.6
Dept. of Health and Human Services 3.0
Social Security Administration 2.5
Nuclear Regulatory Commission 2.0
Dept. of Housing and Urban Development 1.7
National Transportation Safety Board 1.6
Office of Personnel Management 1.3
Pension Benefit Guaranty Corporation 1.3
Federal Deposit Insurance Corporation 0.9
Dept. of Education 0.9
Dept. of Homeland Security 0.9
Office of Special Counsel 0.7
Securities and Exchange Commission 0.7
National Credit Union Administration 0.7
Small Business Administration 0.5
Dept. of Labor 0.4
Federal Communications Commission 0.2
Court Services and Offender Supervision Agency 0.2
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Statutes Cited

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Name Claims
26 USC 6103 - Tax return information 5,323.0
38 USC 5701 - Names and addresses of present and former members of the Armed Forces and their dependents. 4,437.0
38 USC 7332 - Medical records relating to drug abuse, alcoholism, or alcohol abuse, infection with the human immunodeficiency virus (HIV) or sickle cell anemia 3,742.0
8 USC 1202(f) - Records pertaining to the issuance or refusal of visas to enter the US 2,726.0
50 USC 403g - Intelligence Sources and Methods 2,554.0
42 USC 2000e-5 - Charges, conciliation materials, required reports and case file information 2,171.0
42 USC 12117 - ADA charges, conciliation materials, required reports and case file information 1,778.0
50 USC 402 Note - NSA Functions and Information 1,705.0
50 USC 403-1(i) - Intelligence Sources and Methods 1,547.0
18 USC 798(a) - Communications Intelligence 1,289.0
FRCP 6(e) - Grand Jury Information 1,280.0
10 USC 130b - Information concerning personnel in overseas sensitive units or routinely deployable units 1,022.0
7 USC 8791(b) - Information provided by an agricultural producer or owner of agricultural land in order to participate in a USDA program, and concerning agricultural operations, farming or conservation practices or the land itself 599.0
10 USC 424 - Organizational and Personnel Information for DIA, NRO, and NGA 551.0
10 USC 2305(g) - DOD Contractor Proposals 487.0
41 USC 253b(m) - Proposals submitted by unsuccessful contract bidders 439.0
15 USC 2055(b)(1) - Information that identifies a particular brand-name of consumer product 406.0
15 USC 2055(a)(2) - Trade secret and other confidential business information 404.0
15 USC 2074(c) - Information that identifies injured persons, or those treating injured persons, absent consent. 390.0
31 USC 5319 - Generally used to withhold Currency Transaction Reports 305.0
15 USC 57b-2(f) - Material obtained pursuant to process or voluntarily in lieu of process in a law enforcement investigation. 256.0
18 USC 923 Note - Information required to be maintained by Federal Firearms Licensees and information maintained in the ATF Firearms Tracing Systems 248.0
49 USC 114(s) - Nondisclosure of security activities 241.0
39 USC 410(c)(2) - Records relating to commercial information that is proprietary to the Postal Service 220.0
49 USC 31143(b) - IDs of motor carrier safety complainants 207.0
18 USC 2517 - Wiretap information 173.0
10 USC 130 - Unclassified Technical Data with Military or Space Application 166.0
42 USC 2162(a) - Information Regarding Atomic Energy: Restricted and Formerly Restricted Data (A.E. Act of 1954) (specific applicable sections must be invoked) 145.0
38 USC 5705 - Records created as part of a medical quality assurance program 99.0
16 USC 470w-3 - Information concerning the location, character or ownership of an historic resource. 97.0
5 USC App 107(a)(2) - Financial disclosure information pertaining to certain government employees 97.0
13 USC 9 - Information collected by the Bureau of the Census 94.0
35 USC 122 - Information concerning patent applications 76.0
15 USC 46(f) - Any trade secrets or any commercial or financial information which is obtained from any person and which is privileged or confidential. 73.0
16 USC 470hh(a) - Archaeological survey data 71.0
18 USC 701 - Official Badges, identification cards. Prohibits the reproduction of official identification media. Used to withhold copies of IRS employee identification badges and pocket commissions. 69.0
29 USC 666(f) - Advance Notice of Inspections 59.0
10 USC 1102 - Medical Quality Assurance Records 57.0
31 USC 5318(g)(3) - Bank Secrecy Act records 56.0
5 USC 574(j) - Dispute Resolution Communication 55.0
22 USC 2778(e) - Information Subject to Arms Exports Controls 55.0
39 USC 410(c)(1) - Records relating to names and addresses of postal customers 50.0
21 USC 331(j) - Trade Secrets 45.0
50 USC App 2411(c)(1) - Information concerning exporting license applications 43.0
10 USC 130c - Certain Sensitive Information of Foreign Governments and International Organizations 43.0
7 USC 12(a) - Business transactions or market positions of any person and trade secrets or names of customers, and any data or information concerning or obtained in connection with any pending investigation of any person. 38.0
7 USC 136h(g) - Analytical, health, environmental effects and efficacy data that prohibits registrants from disclosing information to foreign competitors 38.0
21 USC 415(a)(4) - Food Registration Documents 38.0
15 USC 2055(b)(5) - Information submitted under statutory reporting requirement for certain potentially unsafe consumer products 36.0
39 USC 410(c)(3) - Records relating to information prepared for use in negotiating collective bargaining agreements 35.0
15 USC 18a(h) - Information submitted in connection with the premerger notification provisions of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 33.0
50 USC 403 - CIA sources and methods; functions and personnel 33.0
45 USC 362(d) - Names, Addresses, and Medical Records of Claimants under the Railroad Retirement and Unemployment Insurance Acts 26.0
41 USC 423(a) - Contractor bid or proposal information or evaluations 25.0
42 USC 262a(h)(1)(C) - Customs and duties 25.0
42 USC 2011 et seq. - Information classified as Restricted Data, Formerly Restricted Data, or Unclassified Controlled Nuclear Information 25.0
18 USC 3521 - Witness security information 22.0
5 USC 7114(b)(4) - Collective Bargaining 21.0
49 USC 40119(b) - Information the release of which would be an unwarranted invasion of personal privacy, would reveal a trade secret or privileged or confidential information, or would be detrimental to the safety of passengers in transportation. 20.0
7 USC 2020(e)(8) - Food stamp recipient information 19.0
49 USC 40123(a) - Aviation Safety Action Program voluntarily submitted information. 19.0
7 USC 1502(c) - Personal information provided by the producer 18.0
10 USC 128 - Unclassified special nuclear weapons information 18.0
35 USC 205 - Patent records 16.0
49 USC 40110 - Contract proposals, source selection documents 16.0
18 USC 5038 - Juvenile arrest records 15.0
16 USC 1881a - Statistical information in fishery management plans. 14.0
18 USC 3123 - Pen registers; pen register orders 14.0
10 USC 2371(i) - Research Projects: Transactions Other Than Contracts and Grants 13.0
49 USC 24301 note - Bid proposals not incorporated in contracts 12.0
10 USC 1506(f) - Debriefing of a Missing Person Returned to U.S. Control 12.0
50 USC 435 Note - Information concerning US Personnel Classified as POW/MIA During the Vietnam and Korean Conflicts (McCain Bill) 12.0
39 USC 412 - Records containing lists of postal customers 12.0
7 USC 2276 - Respondents' identity and unaggregated survey data 10.0
10 USC 455 - Maps, Charts, and Geodetic Data 10.0
42 USC 3610(d) - Information Related to conciliation under the Fair Housing Act 9.0
50 USC 1701 Note - Records on arbitration claims before the Iran-U.S. Claims Tribunal 9.0
2 USC 437g(a)(12)(A) - Notification or investigation made under this section of any person without written consent 9.0
50 USC 421 - Identities of US Undercover Intelligence Officers, Agents, Informants and Sources 8.0
15 USC 1314(g) - Documentary material, answers to written interrogatories, or transcripts of oral depositions submitted in response to a Civil Investigative Demand (CID) 8.0
18 USC 3153(c)(1) - Information regarding pre-trial services 8.0
26 USC 6105 - Confidential information from treaty obligations 8.0
39 USC 410(c)(4) - Records relating to rates, classification, and service changes 8.0
13 USC 301(g) - Shippers' Export Declarations 7.0
5 USC App 7(b) (IG Act) - Protects employees who file complaints or provide information to the Inspector General 7.0
49 CFR 1520 - Sensitive Security Information 7.0
7 USC 136i-1(b) - The identity, and/or any information leading to the identity of users of restricted use pesticides / Location where restricted pesticides are applied 6.0
16 USC 5937 - Plant locations & names of rare endangered species 6.0
15 USC 57b-2(b) - Materials received pursuant to compulsory process in a law enforcement investigation. 6.0
39 USC 410(c)(5) - Reports and memoranda of consultants or independent contractors, except to the extent that they would be required to be disclosed if prepared within the Postal Service 6.0
15 USC 7306(c) - Public Safety Information 5.0
10 USC 613a(a) - Proceedings of Promotion Selection Boards 5.0
12 USC 3403 - Confidentiality of Financial Records 5.0
42 USC 242m(d) - Identifiable information for certain research and statistical activities 5.0
44 USC 3501 Note - Confidential Respondent data to BLS Survey 5.0
19 USC 2605 - Protects cultural property information 5.0
5 USC App 105 - Financial Disclosure Information 4.0
50 USC 432a - NRO Operational Files Exemption 4.0
49 USC 40115 - Information harmful to U.S. International aviation negotiation or to any U.S. International air carrier. 4.0
16 USC 4304 - Specific location of significant caves. 3.0
50 USC 403-3(c)(7) - Duties of CIA in relation to DoD 3.0
42 USC 300aa-12(d)(4)(A) - Medical records presented to a Special Master in National Vaccine Injury Compensation court proceedings 3.0
21 USC 350d(a)(4) - Food Registration Documents 3.0
30 USC 813(g)(1) - Confidential Statements and Identities of Complainants 3.0
21 USC 355 Note - Any information or documentary material that may have been filed pursuant to the pharmaceutical agreement notification 3.0
49 USC 1114(c) - Any portion of cockpit voice recording (CVR), or the portions of a transcript of a CVR that the Board did not find relevant to an investigation. 3.0
29 USC 1343(f) - Confidential business information information submitted to PBGC as part of a notice of a reportable event 3.0
15 USC 80a-30(c) - Investment Company Examination 3.0
15 USC 80b-10(b) - Investment Advisors examinations or investigations 3.0
46 USC 70103 - Security Plans and other Information related to plans 3.0
7 USC 5712(a)(2) - Export sales 2.0
28 USC 652(d) - Documents filed under seal and confidential mediation documents 2.0
6 USC 121 Note - Chemical-terrorism Vulnerability Information (CVI) 2.0
18 USC 3509 - Pornography 2.0
31 USC 3730(b)(2) - Records pertaining to financial false claims 2.0
42 USC 2000e-5(b) - Information pertaining to unlawful employment practices 2.0
42 USC 2000g-2(b) - CRS confidentiality information 2.0
42 USC 3789g - Data received by the Bureau of Justice Statistics and used only for statistical or research purposes 2.0
22 USC 4004 - Foreign Service Act 2.0
5 USC 552b - 2.0
49 USC 1114(f) - Any information relating to Board participation in foreign aircraft accidents, where the country conducting the investigation has not issued its report or 2 years have no elapsed from the date of the accident. 2.0
19 USC 1677f - Privileged or Confidential Information 2.0
15 USC 2055(e)(1) - Information submitted under statutory reporting requirement for certain consumer products involved in product liability actions 2.0
42 USC 290dd-2 - Drug treatment 2.0
7 USC 2018(c) - Benefit redemption information of other retail stores 2.0
7 USC 499f(b) - Names of individuals filing written notifications of alleged violations of the Perishable Agricultural Commodity Act 2.0
7 USC 8401 - Information concerning select agents and toxins 2.0
15 USC 4305(d) - Information submitted under the National Cooperative Research and Production Act of 1993 2.0
25 USC 2103(c) - Indian Mineral Development Agreement with Black Rock, JT Energy and Dakota 3 and Leases signed under the Act 2.0
15 USC 78q(h)(5) - Associated persons of broker-dealers, government securities brokers or dealers, or municipal securities dealers. 2.0
22 USC 1461 - Deliberative Process 1.0
7 USC 4504(k) - Confidential financial information 1.0
10 USC 457 - Operational files of former National Photographic Interpretation Agency 1.0
10 USC 2485(h) - Food donation program 1.0
10 USC 2640(h) - Charter air transportation for members of armed forces 1.0
18 USC 1917 - Civil service exams 1.0
18 USC 1905 - Cost information 1.0
42 USC 11137(b) - Adverse reports of a health practitioner's conduct 1.0
15 USC 1335a(b)(2)(A) - Cigarette additive information 1.0
33 USC 126 - Security plans 1.0
5 USC 551 - Congress 1.0
18 USC 1461 - Obscene matter 1.0
8 USC 1158 - Records pertaining to asylum and withholding of removal 1.0
22 USC 1644 - Records pertaining to certain claims against the German Democratic Republic 1.0
31 USC 5311-5331 - Records and reports on monetary instruments transactions 1.0
FRCP 32 - Presentence and judgment information 1.0
21 USC 1908(i)(2) - Information obtained or created in the implementation of the Foreign Narcotics Kingpin Sanctions regulations 1.0
49 USC 46102(c) - Aviation safety, when requested for national defense 1.0
42 USC 241(d) - Protection of privacy of individuals who are research subjects 1.0
46 USC App 1707(c)(2) - Service contract information 1.0
46 USC 40306 - Closed Session transcripts 1.0
5 USC 1213(h) - Names of whistleblowers 1.0
19 USC 1332(g) - Confidential Business Information 1.0
26 USC 6103(e)(1)(D) - Corporate FEIN Number 1.0
7 USC 1373(c) - Cropping history data 1.0
7 USC 4908(c) - List of watermelon growers and handlers 1.0
31 USC 3729(d) - Information Concerning Civil Action for False Claims 1.0
42 USC 2168(a)(1)(C) - Unclassified Controlled Nuclear Information 1.0
8 USC 1304(b) - DOS stamp 1.0
42 USC 3545 - HUD Reform Act 1.0
26 USC 7213 - Federal income tax records 1.0
42 USC 1996 - Location of plants used for ceremonial purposes 1.0
23 USC 403 Note - The identity of individuals in highway traffic accident or research reports 1.0
49 USC 30305(c)(1) - Certain information received pursuant to the National Driver Register Act of 1982 1.0
49 USC 70114 - Restricted commercial space launch activities information 1.0
18 USC 504 - Illustrations of Stamp in digital quality photos 1.0
26 USC 7602(c)(3)(B) - Third party identity information 1.0
49 USC 1136(d) - Passenger lists 1.0
42 USC 2167 - Safeguards Information 1.0
29 USC 1310(c) - Confidential business information information submitted to PBGC as part of a notice of a reportable event 1.0
22 USC 288a - Official Communications deliberative 1.0
39 USC 410(c)(6) - Investigatory files compiled for law enforcement purposes, unless available by law to party other than USPS 1.0
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