EPIC, Coalition Urge Congress to Reject Defense Department’s Attempt to Withhold Information from FOIA

Last Friday, EPIC joined a broad coalition of transparency organizations, government watchdog groups, and press freedom advocates to oppose a proposal from the Department of Defense (DoD) to exempt controlled unclassified information (CUI) from the Freedom of Information Act (FOIA). In letters sent to House Oversight, House Armed Services, Senate Judiciary, and Senate Armed Services, the coalition urged Congress to protect transparency by not rubber stamping the Pentagon’s attempts to shield more unclassified information under the guise of national security.

In June, the DoD proposed to exempt CUI from the FOIA by giving the Secretary of Defense broad authority to withhold huge volumes of unclassified records from the public. Such broad, unilateral discretion to keep records secret could naturally favor politicization and avoiding public embarrassment over accountability. The proposed rule also bans state or local agencies from releasing shared CUI, even if local laws permit them to do so, and effectively creates a federal veto over state sunshine laws.

“The DoD’s proposal is not a novel response to emerging security threats; it is merely the agency’s latest attempt to erode FOIA and undermine journalists, congressional committees, and watchdogs working to expose mismanagement and abuse within the military,” said the coalition.

EPIC has long been a watchdog advocating for greater transparency and open government. Utilizing open records laws like FOIA, EPIC has forced agencies to release hundreds of records about government activities that impact privacy interests.