FOI Advocates Get Mixed Results from Defense Authorization Bill - November 17, 2003 Vol.4 No.23

November 17, 2003 Vol.4 No.23:

Published: 11/17/2003

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FOI Advocates Get Mixed Results from Defense Authorization Bill

Open government advocates scored what optimists might call a minor victory when Congress granted the National Security Agency (NSA) a narrowly-tailored exemption from the Freedom of Information Act (FOIA), according to Secrecy News.

The exemption as included in the recently passed Defense Authorization Act for FY 2004 keeps historical documents accessible under FOIA and includes language clarifying Congress' intent to apply the exemption only to information that reveals how the NSA collects intelligence. While the Central Intelligence Agency collects and analyzes information through public and human sources, the NSA specializes in intercepting signals and other electronic communications.

The authorization bill also includes language that provides public disclosure of no-bid contracts for the reconstruction of infrastructure in Iraq. Federal agencies that enter into contracts for Iraq reconstruction without going through a competitive bidding process are required by the bill to make public:

(a) The amount of the contract,
(b) A description of the scope of the contract,
(c) A list of those approached to enter into a contract,
(d) A justification for the need to avoid an open and competitive process.