Border Wall bill contains FOIA exemption for building wall, maintaining border

The revised draft of the Border Security for America Act of 2017 (H.R. 3548), to be considered by the House Homeland Security and Government Affairs Committee as soon as today,  would shield from public scrutiny and accountability ongoing law enforcement activities along the border. The Freedom of Information Act is one of dozens of laws that would not apply to border activities, including construction and maintenance of the border wall and ongoing efforts to stop illegal border crossings. As Kevin Goldberg writes for the American Society of News Editors (an NMOG member), the impact would be broad: The public and press would [More]

Pentagon (again) seeks help from Congress to keep tactics secret

Pentagon hopes Congress will protect tactics, techniques and procedures from disclosure. Military also seeks to protect rules of engagement. Public interest in disclosure could outweigh confidentality, but military gets to decide in Pentagon’s proposal. Defense Department is hoping the third time’s the charm as it once again asks for the authority to withhold from the public certain military tactics, techniques and procedures , the disclosure of which would give an adversary an advantage. The proposal (Sec. 1003 of DoD’s draft legislation), which the Defense Department would like included in the defense authorization bill for fiscal year 2018, is narrower than [More]

Cosmetics manufacturing bill (H.R. 575) hides adverse events

Rep. Pete Sessions (R-Tx.) has introduced legislation that appears to allow cosmetics manufacturers to keep product complaints reported to the federal government secret. The legislation (H.R. 575), appears to allow the executive branch wide latitude to determine through regulation what agencies must require manufacturers to disclose publicly. “(g) List.—The Secretary shall compile and maintain an up-to-date and publicly available electronic list of cosmetics and ingredients for which statements are submitted under this section. A statement submitted pursuant to this section shall not be subject to disclosure under section 552 of title 5, United States Code. The Secretary may make publicly [More]

CFTC Reauthorization (H.R. 238) includes a FOIA exemption

Legislation approved on January 12 by the full House of Representatives to reauthorize the Commodity Futures Trading Commission (H.R. 238) contains an exemption to disclosure under federal FOIA for information CFTC may “asertain” regarding complicated trading structures known as commodity pools and client accounts. As introduced, the legislation required that the information be treated as investigative material. CFTC could publish aggregated information the disclosure of which would not identify “any person or firm, or such person’s proprietary information.” On its face, the exemption appears to cover a broad amount of information, including: “(A) the commodity trading advisor, commodity pool operator or the trading strategies of [More]