Activists call on lawmakers to delete FOIA language from defense policy bill

By John Liang / June 26, 2017 at 1:37 PM

A group of 31 activist organizations are urging lawmakers to take out language in the fiscal year 2018 defense policy bill that, if enacted, would exempt the Pentagon from releasing certain documents that until now were accessible under the Freedom of Information Act.

In a June 26 letter, the organizations call on the chairmen and ranking members of the House and Senate Armed Services committees, as well as those committees with jurisdiction over the Freedom of Information Act, to raise concerns that language in the FY-18 defense authorization bill would "undermine the FOIA, creating an unnecessary and overbroad secrecy provision at odds with FOIA's goal of transparency and accountability to the public."

While the language would exempt the Pentagon from disclosing "information on military tactics, techniques, and procedures, and of military rules of engagement" from any FOIA requests, due to broadly defined key terms, the group's letter highlights that the provision would exempt the Pentagon from disclosing much of the information and documents it creates.

In a statement, the Project on Government Oversight called this "a dangerous precedent for the largest executive branch agency with the largest discretionary budget."

The proposed exemption language could allow the Pentagon "to conceal information about the military's handling of sexual assault complaints; its interrogation and treatment of prisoners; its oversight of contractors; and other matters of compelling public interest," according to the letter.

The groups also point out that the proposed exemption is being pushed through a large spending bill without the guidance or input from the relevant committees that oversee FOIA legislation.

While the groups acknowledge the need to ensure information be withheld that is vital to protecting the safety of U.S. troops and military strategy, they don't believe this provision is the way to accomplish that. They call on the Pentagon to continue to work with the committees that have jurisdiction over FOIA to address concerns and determine if a new exemption is necessary.

Read the full letter here.

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