Pentagon proposes new secrecy power to withhold unclassified records from public-access laws

Source: CBS News

Updated on: July 15, 2026 / 8:26 PM EDT


Washington — The Pentagon is asking Congress for broad new authority to withhold unclassified records from the public, a proposal that transparency advocates say could significantly reduce the public's ability to scrutinize the nation's largest federal agency and understand how billions of taxpayer dollars are spent.

The legislative proposal seeks to create a new section of federal law allowing the defense secretary to exempt certain "controlled unclassified information," or CUI, from disclosure under the Freedom of Information Act if the U.S. military determines the records concern national defense vulnerabilities and concludes that the harm from disclosure outweighs the public interest.

Brett Max Kaufman, senior counsel with American Civil Liberties Union's Center for Democracy, told CBS News in an email that for decades, there has been "a massive overclassification problem throughout the executive branch."

"The last thing the government needs is a new power to withhold information under the FOIA," Kaufman wrote.

Read more: https://www.cbsnews.com/news/pentagon-secrecy-power-unclassified-records-foia/