28 USC 652(d): Documents filed under seal and confidential mediation documents
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 Defense | 1.0 |
| Dept. of Justice | 1.0 |
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART III--COURT OFFICERS AND EMPLOYEES
CHAPTER 44--ALTERNATIVE DISPUTE RESOLUTION
Sec. 652. Jurisdiction
(a) Consideration of Alternative Dispute Resolution in Appropriate
Cases.--Notwithstanding any provision of law to the contrary and except
as provided in subsections (b) and (c), each district court shall, by
local rule adopted under section 2071(a), require that litigants in all
civil cases consider the use of an alternative dispute resolution
process at an appropriate stage in the litigation. Each district court
shall provide litigants in all civil cases with at least one alternative
dispute resolution process, including, but not limited to, mediation,
early neutral evaluation, minitrial, and arbitration as authorized in
sections 654 through 658. Any district court that elects to require the
use of alternative dispute resolution in certain cases may do so only
with respect to mediation, early neutral evaluation, and, if the parties
consent, arbitration.
(b) Actions Exempted From Consideration of Alternative Dispute
Resolution.--Each district court may exempt from the requirements of
this section specific cases or categories of cases in which use of
alternative dispute resolution would not be appropriate. In defining
these exemptions, each district court shall consult with members of the
bar, including the United States Attorney for that district.
(c) Authority of the Attorney General.--Nothing in this section
shall alter or conflict with the authority of the Attorney General to
conduct litigation on behalf of the United
States, with the authority of any Federal agency authorized to conduct
litigation in the United States courts, or with any delegation of
litigation authority by the Attorney General.
(d) Confidentiality Provisions.--Until such time as rules are
adopted under chapter 131 of this title providing for the
confidentiality of alternative dispute resolution processes under this
chapter, each district court shall, by local rule adopted under section
2071(a), provide for the confidentiality of the alternative dispute
resolution processes and to prohibit disclosure of confidential dispute
resolution communications.
(Added Pub. L. 100-702, title IX, Sec. 901(a), Nov. 19, 1988, 102 Stat.
4659; amended Pub. L. 105-315, Sec. 4, Oct. 30, 1998, 112 Stat. 2994.)
Amendments
1998--Pub. L. 105-315 amended section generally, substituting
provisions relating to alternative dispute resolution jurisdiction for
provisions relating to arbitration jurisdiction.
Exception to Limitation on Money Damages
Pub. L. 100-702, title IX, Sec. 901(c), Nov. 19, 1988, 102 Stat.
4663, provided that notwithstanding establishment by former section 652
of this title of a $100,000 limitation on money damages with respect to
cases referred to arbitration, a district court listed in former section
658 of this title whose local rule on Nov. 19, 1988, provided for a
limitation on money damages of not more than $150,000, could continue to
apply the higher limitation, prior to repeal by Pub. L. 105-315,
Sec. 12(a), Oct. 30, 1998, 112 Stat. 2998.