Congress Urged to Reject Pentagon Effort to 'Hide Unclassified Information From the Public'

Press freedom organizations are urging Congress to reject a proposal that they warn could allow the Pentagon to withhold massive amounts of unclassified information from the public.

As part of its recent budget package, the Department of Defense submitted a proposal to Congress in late June that would create a new exception to the Freedom of Information Act (FOIA), allowing the defense secretary to bar certain "controlled unclassified information" (CUI) from public disclosure if the military determines that the national security risk outweighs the public interest.

CUI is a broad category of information that is not classified but that the government considers sensitive enough to be distributed only to specific people. But under current law, the government can only refuse to release information requested through FOIA if it meets certain exemptions, such as properly classified national security material, protected personal information, privileged internal communications, or records whose release could compromise law enforcement.

The new law would change this, allowing the defense secretary to declare almost any unclassified Pentagon record as both CUI and “national security information" to prevent it from being released. This could affect access to countless documents of significant public importance—from reports on investigations into military action, to internal records about the military's rules of engagement, to audit and oversight records.

"The CUI standard is already so broad that were it to be incorporated as a FOIA exemption for the Defense Department, massive amounts of important information would be yanked from the public," wrote Adam A. Marshall, the director of the Reporters Committee for Freedom of the Press. "That would be disastrous, especially when the Defense Department is at the forefront of so many stories the public needs to know about, from the United States’ war with Iran to the targeted destruction of boats in the Caribbean and eastern Pacific."

Clayton Weimers, the executive director of Reporters Without Borders North America, argued that the proposed rule change was unnecessary.

"The Pentagon already has extensive authority to protect genuine national security secrets. What it is asking Congress for now is something entirely different: the power to hide unclassified information from the public," he said. "At a time when the Department of Defense controls nearly one trillion dollars in taxpayer funding and makes decisions that can shape war and peace, the public deserves more transparency, not more secrecy."

Under Secretary Pete Hegseth, the Pentagon has attempted to dramatically clamp down on the flow of public information. It has held far fewer press briefings than previous administrations, issued requirements that reporters pledge not to release "unauthorized" information, and booted credentialed press from Pentagon offices in favor of administration-friendly outlets and influencers.

Secrecy has grown amid President Donald Trump's war against Iran, with the Pentagon withholding information about hundreds of US military injuries from the public and altering publicly available death counts to exclude the names of four US personnel recently slain in the region.

Last week, a coalition of more than 40 press freedom, civil rights, and watchdog organizations, led by Reporters Without Borders, sent a letter to members of the House Oversight Committee, arguing that giving the defense secretary final say over what information is made public would be especially dangerous and "will naturally favor politicization and avoiding embarrassment over public transparency."

Under the Trump administration, the Pentagon has already been much less willing to comply with FOIA requests than under the Biden administration. Pentagon data show that it took more than 30% longer, on average, to respond to complex FOIA requests in 2025 than in 2024, and that it granted only 17% of FOIA requests in full.

"The Pentagon is already too secretive, and the last thing it needs is a rubber stamp to hide unclassified records under the guise of national security," said Lauren Harper, the Daniel Ellsberg chair on government secrecy at the Freedom of the Press Foundation. “We don’t need the Pentagon hiding more information from FOIA. We need it to actually respond to public records requests, we need it to stop harassing journalists for doing their job, and we need it to be transparent and accountable to the public, service members, and their families.”