1990-10-21 – George Air Force Base Federal Facility Agreement

The DOD/Air Force inserted a provision in the Federal Facility Agreement that allows for the withholding of information and records about radioactive contamination that is the result of the nuclear weapons program.  This exemption is codified in CERCLA and it provides legal grounds for withholding records about radioactive waste.

Legal grounds for withholding records pertaining to radioactive contamination that is the result of the nuclear weapons program.


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

Classified for National Security Under Law or Executive Order

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.

I am not a doctor or attorney, and cannot give medical advice or legal advice.

If you, a friend, or loved one has been injured or died as a result of the contamination at a DOD Superfund Site please follow the steps that are outlined at Get Help.

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