In the past, the National Reconnaissance Office, the agency that develops spy satellites, has released unclassified portions of its budget request documents. But last year, the NRO refused to do so, claiming that these unclassified materials fall under the “operational files” exemption to the Freedom of Information Act.
A lawsuit brought by the Federation of American Scientists is challenging that claim. The two parties have just finished briefing the case with replies to each other’s opposing motions.
“The defendant [NRO] has shown by a sworn declaration which is clear, specific, and reasonably detailed that the requested records are properly designated as operational,” the NRO concluded (pdf).
No, “since all parties agree that the requested record has been disseminated beyond its originating operational file, the conclusion is inescapable that the requested record must be processed under FOIA,” we argued (pdf).
At this point, the parties are largely talking past each other, and it will be up to the judge, the Hon. Reggie B. Walton, to resolve the dispute.
The latest pleadings in Aftergood v. NRO may be found here.
Even the best-designed policy rests on assumptions about who will staff it, how it will be funded, whether the responsible institutions have ever coordinated, and if the goals are achievable. Those assumptions usually go unchecked until a program is already struggling, stalled by capacity bottlenecks, overlapping authorities, and other predictable implementation problems. To dig into […]
These fellows will be working to turn ambitious ideas into actionable policy – from improving how frontier AI models are evaluated for government use to strengthening biosecurity protections and building the workforce needed to keep AI systems safe.
The goal: help communities approach data center development with stronger negotiating tools and a clearer understanding of what’s possible.
Just as sports fanatics had plenty to celebrate this year, so does the heat policy team at FAS. In response to recent heat events, leaders across the country have taken steps to build heat resilience.