Pentagon Seeks New Power To Withhold Some Unclassified Records From FOIA
In late June, the Pentagon sent Congress a legislative proposal to let the defense secretary exempt certain controlled unclassified information from disclosure under the Freedom of Information Act.[1]
The new authority would apply when the military determines records concern national defense vulnerabilities and that potential harm from release outweighs the public interest.[1] Currently, markings that label material as controlled unclassified information do not by themselves permit agencies to withhold records under FOIA.[1]
Late June's proposal follows other Pentagon moves under Secretary Pete Hegseth to limit reporter access and impose escort and agreement requirements, changes now facing court challenges.[1] Transparency advocates at the ACLU and the Project on Government Oversight say the change would make obtaining Defense Department records through FOIA significantly more difficult.[1]
Critics say the proposal would sharply narrow public access to Defense Department records and represents the latest push by the department to curb transparency.[1]
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📌 Key Facts
- In late June 2026 the Pentagon sent Congress a legislative proposal to let the defense secretary exempt certain controlled unclassified information from FOIA disclosure.
- The new authority would apply when the military finds the records concern national defense vulnerabilities and decides potential harm from release outweighs the public interest.
- Under current rules, controlled unclassified information markings do not themselves authorize withholding; agencies must instead use existing FOIA exemptions.
- Transparency advocates from the ACLU and Project on Government Oversight say the proposal would make obtaining Defense Department records through FOIA significantly more difficult.
- The proposal follows other recent Pentagon moves under Secretary Pete Hegseth to restrict reporter access and impose escort and agreement requirements that are being challenged in court.
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