FOIA Exemptions



If you have access rights under the Privacy Act, a FOIA exemption will only be cited if the information is exempt from mandatory release under both FOIA and the Privacy Act (5 U.S.C. 552a) and we determine that a discretionary release is not appropriate. It is the policy of the Naval Research Laboratory to make available to the public, upon request, the maximum amount of information concerning the operations, activities, and administration of the NRL, unless the information qualifies for withholding under one or more of the following FOIA exemptions and release would damage a governmental interest.

Exemption 1 (5 U.S.C. 552 (b) (1))

This exemption authorizes protection of "properly and currently classified" records or portions of records. Presidential Executive Order 12958 currently determines what is properly classified. Chief of Naval Operations Note (OPNAVNOTE) 5510 Ser 09N2/5U532774 of 16 October 1995 provides interim guidance on Executive Order 12958. The order will be implemented through revisions to Chief of Naval Operations Instruction (OPNAV) 5510.1H.

Exemption 2 (5 U.S.C. 552 (b) (2))

This exemption authorizes protection of internal personnel rules and practices. Operating rules, guidelines and manuals are covered if release would allow circumvention of a statute or rule. This exemption also covers trivial housekeeping records such as rules for parking facilities, regulation of lunch hours, sick leave policy, and administrative data such as file numbers, mail routing stamps, initials, data processing notations, brief references to previous communications, and other like administrative markings if there is no legitimate public interest or benefit in release and processing the request would constitute an administrative burden.

Exemption 3 (5 U.S.C. (b)(3))

This exemption requires protection of information that is covered by another statute that specifically exempts the information and permits no discretion on the issue. We most commonly use the following statutes:

 1. Unclassified critical technical data is covered by 10 U.S.C. 130. See Technical Data for more information.

2. Prior to contract award, certain procurement related proprietary and source selection information is covered by 41 U.S.C. 423.

3. Unclassified information pertaining to security measures, including security plans, procedures, and equipment for the physical protection of special nuclear material is covered by 10 U.S.C. 128.

4. Technical, management, or cost proposals submitted by a contractor in response to the requirement of a Department of Defense solicitation for a competitive proposal are covered by Section 821 of the National Defense Authorization Act for Fiscal Year 1997, P. L. 104-201 except for any portions that were set forth or incorporated by reference into a contract. Portions not protected by this exemption, must be processed under E. O. 12600.


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