The DOD/Air Force inserted a provision in the Federal Facility Agreement that requires withholding of information and records about 91(B) radioactive material (RAM). The term “91(b)” refers to highly classified radioactive material (RAM) covered under Section 91(b) of the Atomic Energy Act (AEA) of 1954 about current nuclear weapons material, legacy nuclear weapons maintenance wastes, residuals from nuclear weapons accident/incidents, some residuals from atmospheric testing of nuclear weapons, and residuals from nuclear reactor operations. This exemption is codified in CERCLA and it provides legal grounds for withholding records about the nuclear weapons program.
Legal grounds for withholding records pertaining to radioactive contamination that is the result of the nuclear weapons program.
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23.1 The Parties may request of one another access to or a copy of any record or document relating to this Agreement or the IRP [Installation Restoration Program]. If the Party that is the subject of the request (the originating Party) [the Department of Defense and the Air Force] has the record or document, that Party shall provide access to or a copy of the record or document; provided, however, that no access to or copies of records or documents need be provided if they are subject to claims of attorney-client privilege, attorney work product, deliberative process, enforcement confidentiality, or properly classified for national security under law or executive order.
George Air Force Base (George AFB) Federal Facility Agreement – DOD, Air Force – 21 September 1990
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- National Security Information (NSI) – Executive Order 13526 Implemented by 32 CFR part 2001
- Restricted Data (RD) and Formerly Restricted Data (FRD) – Atomic Energy Act Implemented by 10 CFR part 1045
Source: Classification of Nuclear Weapons-Related Information … - 91(B) radioactive material (RAM)
- Nuclear Weapons at George AFB
- George AFB’s Atmospheric Nuclear Weapons Testing Decontamination Centers
The Atomic Energy Act [42 U.S.C. 2011 et seq.] and Executive orders concerning the handling of “restricted data” and national security information prohibit the disclosure of information about the nuclear defense program. This includes information about any environmental contamination or accidental exposure to radioactive material from nuclear weapons development, testing, accidents, incidents, or maintenance.
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