FOIA b(3) Exemptions

Dept. of Defense FOIA Exemptions

19.5
Use Rate 		7,000.0
Total claims 		35,835
Denials

Dept. of Defense Annual Reports: '08 |
The Dept. of Defense used b(3) exemptions to withhold information from FOIA requesters 35,835 times in 2008-2009.

Category

  • All
  • Armed Forces
  • Banks and Banking
  • Conservation
  • Crimes and Criminal Procedure
  • Foreign Relations and Intercourse
  • Government Organization and Employees
  • Internal Revenue Code
  • Judiciary and Judicial Procedure
  • Money and Finance
  • Public Contracts
  • The Public Health and Welfare
  • War and National Defense
Statute Description Claims
50 USC 402 Note NSA Functions and Information 1,681.0
50 USC 403-1(i) Intelligence Sources and Methods 1,356.0
18 USC 798(a) Communications Intelligence 1,279.0
10 USC 130b Information concerning personnel in overseas sensitive units or routinely deployable units 1,013.0
10 USC 424 Organizational and Personnel Information for DIA, NRO, and NGA 539.0
10 USC 2305(g) DOD Contractor Proposals 446.0
10 USC 130 Unclassified Technical Data with Military or Space Application 165.0
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
16 USC 470w-3 Information concerning the location, character or ownership of an historic resource. 69.0
10 USC 1102 Medical Quality Assurance Records 57.0
5 USC 574(j) Dispute Resolution Communication 43.0
10 USC 130c Certain Sensitive Information of Foreign Governments and International Organizations 43.0
50 USC 403g Intelligence Sources and Methods 24.0
5 USC 7114(b)(4) Collective Bargaining 18.0
10 USC 128 Unclassified special nuclear weapons information 18.0
22 USC 2778(e) Information Subject to Arms Exports Controls 14.0
10 USC 1506(f) Debriefing of a Missing Person Returned to U.S. Control 12.0
10 USC 455 Maps, Charts, and Geodetic Data 10.0
50 USC 435 Note Information concerning US Personnel Classified as POW/MIA During the Vietnam and Korean Conflicts (McCain Bill) 10.0
41 USC 253b(m) Proposals submitted by unsuccessful contract bidders 9.0
50 USC 421 Identities of US Undercover Intelligence Officers, Agents, Informants and Sources 6.0
10 USC 613a(a) Proceedings of Promotion Selection Boards 5.0
12 USC 3403 Confidentiality of Financial Records 5.0
42 USC 262a(h)(1)(C) Customs and duties 5.0
26 USC 6103 Tax return information 4.0
50 USC 432a NRO Operational Files Exemption 4.0
5 USC App 7(b) (IG Act) Protects employees who file complaints or provide information to the Inspector General 4.0
10 USC 2371(i) Research Projects: Transactions Other Than Contracts and Grants 3.0
50 USC 403-3(c)(7) Duties of CIA in relation to DoD 3.0
50 USC App 2411(c)(1) Information concerning exporting license applications 3.0
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
28 USC 652(d) Documents filed under seal and confidential mediation documents 1.0
41 USC 423(a) Contractor bid or proposal information or evaluations 1.0
31 USC 3729(d) Information Concerning Civil Action for False Claims 1.0

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.

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