7 USC 1502(c): Personal information provided by the producer

About This Project

This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.

Department Claims
Dept. of Agriculture 18.0
                          TITLE 7--AGRICULTURE
                       CHAPTER 36--CROP INSURANCE
Sec. 1502. Purpose; definitions; protection of information; 
        relation to other laws

(a) Purpose

    It is the purpose of this chapter to promote the national welfare by 
improving the economic stability of agriculture through a sound system 
of crop insurance and providing the means for the research and 
experience helpful in devising and establishing such insurance.

(b) Definitions

    As used in this chapter:

                       (1) Additional coverage

        The term ``additional coverage'' means a plan of crop insurance 
    coverage providing a level of coverage greater than the level 
    available under catastrophic risk protection.

                   (2) Approved insurance provider

        The term ``approved insurance provider'' means a private 
    insurance provider that has been approved by the Corporation to 
    provide insurance coverage to producers participating in the Federal 
    crop insurance program established under this chapter.

                              (3) Board

        The term ``Board'' means the Board of Directors of the 
    Corporation established under section 1505(a) of this title.

                           (4) Corporation

        The term ``Corporation'' means the Federal Crop Insurance 
    Corporation established under section 1503 of this title.

[[Page 674]]

                           (5) Department

        The term ``Department'' means the United States Department of 

                           (6) Loss ratio

        The term ``loss ratio'' means the ratio of all sums paid by the 
    Corporation as indemnities under any eligible crop insurance policy 
    to that portion of the premium designated for anticipated losses and 
    a reasonable reserve, other than that portion of the premium 
    designated for operating and administrative expenses.

                            (7) Secretary

        The term ``Secretary'' means the Secretary of Agriculture.

                       (8) Transitional yield

        The term ``transitional yield'' means the maximum average 
    production per acre or equivalent measure that is assigned to 
    acreage for a crop year by the Corporation in accordance with the 
    regulations of the Corporation whenever the producer fails--
            (A) to certify that acceptable documentation of production 
        and acreage for the crop year is in the possession of the 
        producer; or
            (B) to present the acceptable documentation on the demand of 
        the Corporation or an insurance company reinsured by the 

(c) Protection of confidential information (1) General prohibition against disclosure Except as provided in paragraph (2), the Secretary, any other officer or employee of the Department or an agency thereof, an approved insurance provider and its employees and contractors, and any other person may not disclose to the public information furnished by a producer under this chapter. (2) Authorized disclosure (A) Disclosure in statistical or aggregate form Information described in paragraph (1) may be disclosed to the public if the information has been transformed into a statistical or aggregate form that does not allow the identification of the person who supplied particular information. (B) Consent of producer A producer may consent to the disclosure of information described in paragraph (1). The participation of the producer in, and the receipt of any benefit by the producer under, this chapter or any other program administered by the Secretary may not be conditioned on the producer providing consent under this paragraph. (3) Violations; penalties Section 2276(c) of this title shall apply with respect to the release of information collected in any manner or for any purpose prohibited by this subsection. (d) Relation to other laws (1) Terms and conditions of policies and plans The terms and conditions of any policy or plan of insurance offered under this chapter that is reinsured by the Corporation shall not-- (A) be subject to the jurisdiction of the Commodity Futures Trading Commission or the Securities and Exchange Commission; or (B) be considered to be accounts, agreements (including any transaction that is of the character of, or is commonly known to the trade as, an ``option'', ``privilege'', ``indemnity'', ``bid'', ``offer'', ``put'', ``call'', ``advance guaranty'', or ``decline guaranty''), or transactions involving contracts of sale of a commodity for future delivery, traded or executed on a contract market for the purposes of the Commodity Exchange Act (7 U.S.C. 1 et seq.). (2) Effect on CFTC and Commodity Exchange Act Nothing in this chapter affects the jurisdiction of the Commodity Futures Trading Commission or the applicability of the Commodity Exchange Act (7 U.S.C. 1 et seq.) to any transaction conducted on a contract market under that Act by an approved insurance provider to offset the approved insurance provider's risk under a plan or policy of insurance under this chapter. (Feb. 16, 1938, ch. 30, title V, Sec. 502, 52 Stat. 72; June 21, 1941, ch. 214, Sec. 1, 55 Stat. 255; Aug. 1, 1947, ch. 440, Sec. 4, 61 Stat. 719; Pub. L. 103-354, title I, Sec. 102(a), Oct. 13, 1994, 108 Stat. 3180; Pub. L. 106-224, title I, Secs. 122, 141, June 20, 2000, 114 Stat. 377, 389.) References in Text The Commodity Exchange Act, referred to in subsec. (d)(1)(B), (2), is act Sept. 21, 1922, ch. 369, 42 Stat. 998, as amended, which is classified generally to chapter 1 (Sec. 1 et seq.) of this title. For complete classification of this Act to the Code, see section 1 of this title and Tables. Amendments 2000--Subsec. (c). Pub. L. 106-224, Sec. 122, added subsec. (c). Subsec. (d). Pub. L. 106-224, Sec. 141, added subsec. (d). 1994--Pub. L. 103-354 substituted ``Purpose and definitions'' for ``Declaration of purpose'' in section catchline, designated existing text as subsec. (a) and added heading, and added subsec. (b). 1947--Act Aug. 1, 1947, amended section generally, restating purpose of chapter to improve all agriculture by crop insurance instead of being limited only to wheat. 1941--Act June 21, 1941, substituted ``crop'' for ``wheat-crop'' and ``agricultural commodities'' for ``wheat''. Effective Date of 1994 Amendment Section 120 of title I of Pub. L. 103-354 provided that: ``Except as otherwise provided in this title, this title [enacting sections 1433f, 1515, 1521, and 2008f of this title, amending this section and sections 1441-2, 1444-2, 1444f, 1445b-3a, 1503 to 1509, 1511, 1513, 1516, and 1518 to 1520 of this title, sections 901 and 902 of Title 2, The Congress, and section 1014 of Title 18, Crimes and Criminal Procedure, repealing sections 1446i and 1508a of this title, enacting provisions set out as notes under sections 1501, 1506, and 1508 of this title and sections 901 and 902 of Title 2, and repealing provisions set out as a note under section 1421 of this title] and the amendments made by this title shall become effective on the date of enactment of this Act [Oct. 13, 1994] and shall apply to the provision of crop insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) beginning [[Page 675]] with the 1995 crop year. With respect to the 1994 crop year, the Federal Crop Insurance Act (as in effect on the day before the date of enactment of this Act) shall continue to apply.''