50 USC 403g: Intelligence Sources and Methods

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.

                   TITLE 50--WAR AND NATIONAL DEFENSE
                      CHAPTER 15--NATIONAL SECURITY
Sec. 403g. Protection of nature of Agency's functions In the interests of the security of the foreign intelligence activities of the United States and in order further to implement section 403-1(i) of this title that the Director of National Intelligence shall be responsible for protecting intelligence sources and methods from unauthorized disclosure, the Agency shall be exempted from the provisions of sections 1 and 2 of the Act of August 28, 1935 (49 Stat. 956, 957; 5 U.S.C. 654), and the provisions of any other law which require the publication or disclosure of the organization, functions, names, official titles, salaries, or numbers of personnel employed by the Agency: Provided, That in furtherance of this section, the Director of the Office of Management and Budget shall make no reports to the Congress in connection with the Agency under section 607 of the Act of June 30, 1945, as amended (5 U.S.C. 947(b)). (June 20, 1949, ch. 227, Sec. 6, formerly Sec. 7, 63 Stat. 211; renumbered Sec. 6, Pub. L. 85-507, Sec. 21(b)(2), July 7, 1958, 72 Stat. 337; amended Pub. L. 103-178, title V, Sec. 501(2), Dec. 3, 1993, 107 Stat. 2038; Pub. L. 105-272, title IV, Sec. 403(a)(2), Oct. 20, 1998, 112 Stat. 2404; Pub. L. 108-177, title III, Sec. 377(b)(2), Dec. 13, 2003, 117 Stat. 2630; Pub. L. 108-458, title I, Secs. 1071(b)(1)(A), 1072(b), Dec. 17, 2004, 118 Stat. 3690, 3692.) References in Text Act of August 28, 1935, referred to in text, which provided for the yearly publication of the Official Register of the United States, was repealed by Pub. L. 86-626, title I, Sec. 101, July 12, 1960, 74 Stat. 427. Section 607 of the Act of June 30, 1945, as amended, referred to in text, was repealed by act Sept. 12, 1950, ch. 946, title III, Sec. 301(85), 64 Stat. 843. Codification Section was enacted as part of the Central Intelligence Agency Act of 1949, and not as part of the National Security Act of 1947 which comprises this chapter. Amendments 2004--Pub. L. 108-458, Sec. 1072(b), substituted ``section 403- 1(i)'' for ``section 403-3(c)(7)''. Pub. L. 108-458, Sec. 1071(b)(1)(A), substituted ``Director of National Intelligence'' for ``Director of Central Intelligence''. 2003--Pub. L. 108-177 substituted ``section 403-3(c)(7) of this title'' for ``section 403-3(c)(6) of this title''. 1998--Pub. L. 105-272 substituted ``403-3(c)(6)'' for ``403- 3(c)(5)''. 1993--Pub. L. 103-178 substituted ``section 403-3(c)(5) of this title'' for ``the proviso of section 403(d)(3) of this title'' and ``Office of Management and Budget'' for ``Bureau of the Budget''. Effective Date of 2004 Amendment For Determination by President that amendment by Pub. L. 108-458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 401 of this title. Amendment by Pub. L. 108-458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108-458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of this title.