United States Code

USC most recently checked for updates: Jul 13, 2024

§ 3077.
Treatment under Freedom of Information Act
(a)
In general
Except as provided in subsection (c), the following information shall be exempt from disclosure under section 552 of title 5:
(1)
Information that a representative of an Indian Tribe or Native Hawaiian organization—
(A)
submits to a Federal agency pursuant to this chapter or an amendment made by this Act; and
(B)
designates as sensitive or private according to Native American custom, law, culture, or religion.
(2)
Information that any person submits to a Federal agency pursuant to this chapter or an amendment made by this Act that relates to an item for which an export certification is denied under this chapter.
(b)
Applicability

For purposes of subsection (a), this chapter shall be considered a statute described in section 552(b)(3)(B) of title 5.

(c)
Exception

An Indian Tribe or Native Hawaiian organization may request and shall receive its own information, as described in subsection (a), from the Federal agency to which the Indian Tribe or Native Hawaiian organization submitted the information.

(Pub. L. 117–258, § 9, Dec. 21, 2022, 136 Stat. 2385.)
cite as: 25 USC 3077