Comment from Adam C
AnonymousOpposeOther
Summary: The commenter argues that the proposed NDA is fundamentally incompatible with the Freedom of Information Act (FOIA) because it creates unauthorized nondisclosure categories and converts discretionary exemptions into mandatory obligations. They request that the NDA be withdrawn in its entirety to prevent the suppression of information intended for public disclosure.
The proposed NDA is fundamentally incompatible with the Freedom of Information Act (FOIA). These conflicts are structural and cannot be corrected through revision. They require withdrawal of the NDA in its entirety.
The NDA defines “Confidential Government Information” using categories that do not align with FOIA’s statutory framework. FOIA establishes a presumption of openness and requires agencies to release records unless they fall within one of nine narrowly construed exemptions. The NDA attempts to create new nondisclosure categories that Congress has not authorized.
The NDA’s treatment of “pre decisional” and “deliberative” information is particularly problematic. FOIA Exemption 5 is discretionary. The NDA improperly converts a discretionary exemption into a mandatory nondisclosure obligation, contradicting FOIA’s structure and Supreme Court precedent.
Because the NDA conflicts with FOIA’s statutory framework, exceeds agency authority, and risks suppressing information Congress intended to be public, it should be withdrawn in its entirety.