FOIA Exemption 3 Statutes

The U.S. Department of Justice, Office of Information Policy,[2] creates a list of statutes that have been cited in the recent FOIA annual reports by agencies in the federal executive branch.

The Collaboration on Government Secrecy also maintains a list of leading Exemption 3 decisions, articles, and news.

The subsection now reads: "(b)(3) specifically exempted from disclosure by statute (other than section 552(b) of this title), if that statute--(A)(i) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or (ii) establishes particular criteria for withholding or refers to particular types of matters to be withheld; and (B) if enacted after the date of enactment of the OPEN FOIA Act of 2009 (i.e., Oct. 29, 2009), specifically cites to this paragraph."

Some federal agencies have incorrectly applied statutory provisions that are mistakenly believed to qualify as Exemption 3 statutes.

The Collaboration on Government Secrecy at American University Washington College of Law has developed a list of several statutory provisions that sometimes are mistakenly believed to qualify as Exemption 3.