House Republicans are attempting to end the decades-old practice of the Defense Department’s releasing summaries of the service records of members of the U.S. military to the public.
The House Appropriations Committee bill would prohibit any funds from being used to release personal information about current and former service members, which news organizations and some employers use to verify people’s military service.
According to the Pentagon, the types of information that can currently be released vary but generally include full name, rank, date of rank, past and present duty assignments, awards and decorations, attendance at professional military schools, duty status at any given time, home of record and official photo.
The current Defense Department regulation says that this and other basic information “normally may be disclosed without a clearly unwarranted invasion of their personal privacy.”
House lawmakers now want to make it illegal for the military to release information regarding any current or former member of the armed forces without their consent. If the individual is deceased, the next of kin would have to provide consent.
The provision may be stricken from the final spending bill that will eventually make it to President Biden’s desk. But Defense officials are concerned that it could make it through the House and Senate if both parties prioritize more partisan issues.
Under the new proposal, members of the public, new organizations and some employers would have to file a Freedom of Information Act (FOIA) request with the military service branch to obtain the information, and the individual must be notified before the information can be released. But the FOIA process is notoriously backlogged and can take months or even years to fulfill a request.
The only exception would be if the request comes from a federal government entity or state and local law enforcement, which the military can fulfill.
Pentagon spokesperson Cmdr. Nicole Schwegman declined to comment, saying, “It would be inappropriate to comment on pending legislation.”
The Republican bill comes after several high-profile cases in which the Pentagon erroneously released the private information of GOP politicians who are former service members. Earlier this year, the Air Force informed Nebraska Rep. Don Bacon, a retired Air Force Brigadier General, and Iowa Rep. Zach Nunn, a former Air Force officer, that their personal records were mistakenly released without their consent during the midterm election campaigns. The person who requested Bacon’s and Nunn’s records has ties to the Democratic Party.
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