Pentagon Seeks New FOIA Exemption for Unclassified Records as Backlog Jumps 42%

3 articles · Updated · CBS New York · Jul 16

Late-June legislation sent to Congress would let the defense secretary withhold some “controlled unclassified information” if the military says disclosure would expose national defense vulnerabilities and outweigh the public interest.
That would turn CUI from an administrative marking into a basis for denying FOIA requests, even though the National Archives says CUI alone does not determine whether records can be released.
Transparency advocates said the proposal is unnecessary because FOIA already has nine exemptions and many of the records cited by the Pentagon—such as export-controlled or intelligence-related material—are already protected under existing law.
The measure would also let the Pentagon block state and local governments from releasing covered records, extending federal control after documents leave Defense Department custody.
The push comes as the Pentagon’s FOIA backlog reached 30,476 requests at the end of fiscal 2025, up 42% from 2024, and amid broader fights over press access under Defense Secretary Pete Hegseth.

Sources

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CBS New York1d ago

Pentagon Seeks New Power to Withhold Unclassified Records from Public Disclosure

AOL1d ago

Pentagon proposes new secrecy power to withhold unclassified records from FOIA - AOL

X1d ago

So much for "the most transparent" Pentagon. The Department of Defense is reportedly seeking broad new authority to withhold Controlled Unclassified Information (CUI) from public release. CUI is, by definition, unclassified. Classification

Could new Pentagon secrecy rules hide wasteful spending rather than protect genuine national security secrets?

Is the Pentagon's secrecy push linked to its plan to weaken ethics rules for defense industry lobbyists?

Pentagon Seeks Sweeping FOIA Exemption for CUI as Backlogs Surge 42% and Transparency Faces New Threats

Overview

In 2026, the Department of Defense proposed a new exemption to the Freedom of Information Act (FOIA) that would allow it to withhold certain Controlled Unclassified Information (CUI) related to national defense vulnerabilities. CUI is unclassified but sensitive information that requires special handling because its release could harm national security or other government interests. If this proposal becomes law, it would greatly expand the Pentagon’s power to keep information secret, changing the current system where most CUI is available to the public unless it fits an existing FOIA exemption. This move raises concerns about reduced transparency and public oversight.

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