FAS

DoD Seeks New FOIA Exemption for Unclassified WMD Info

04.18.06 | 1 min read | Text by Steven Aftergood

The Department of Defense is seeking a broad new exemption from the Freedom of Information Act for unclassified information relating to weapons of mass destruction.

According to the proposed legislation, “Examples of such information could include … formulas and design descriptions of lethal and incapacitating materials; maps, designs, security/emergency response plans, and vulnerability assessments for facilities containing weapons of mass destruction materials.”

The proposal is puzzling because most such information, including that which is not classified, is already exempt from the FOIA. Meanwhile, some related categories of information that are not exempt should arguably remain public.

The draft DoD language “is so broad as to potentially sweep everything related to any chemical facility into the exemption,” said Meredith Fuchs, general counsel at the National Security Archive. “There is nothing in here that explicitly protects the public’s need to know some things about these facilities, e.g. violations of the law, lack of required certifications or licenses.”

Furthermore, she said, “the lack of a temporal limit on the withholdability of the information, and the lack of any appeals mechanism, creates a potential black hole.”

She suggested that any such exemption should be more narrowly “focused on what they actually are trying to protect, which I think is vulnerability information DOD learns of regarding private facilities.”

The draft DoD FOIA exemption was first reported in “DOD Asks For New FOIA Exemption Covering WMD-Related Information” by Keith Costa, Inside the Pentagon, April 13.

publications
See all publications
Government Capacity
Press release
Denice Ross of the Federation of American Scientists Named NAPA Academy Fellow

Denice Ross, former U.S. Chief Data Scientist and Data Policy Institute lead at the Federation of American Scientists, will be honored for her stewardship of public data by the National Academy of Public Administration, where she has been named a Fellow.

11.10.26 | 3 min read
read more
Global Risk
Blog
NATO Nuclear Posture Moving North; New Satellite Images Show Extent of New Construction at RAF Lakenheath

Confirmation that the construction of the security perimeter and associated security infrastructure at RAF Lakenheath are still ongoing once again raises questions about whether U.S. nuclear weapons have already been deployed to the base.

11.05.26 | 7 min read
read more
Climate & Environment
Blog
New Climate Intervention Regulation in Alaska Takes Inspiration from Permitting That Already Works

Alaskans are sensibly pulling back from the vogue for bans and returning to a western tradition that has worked for more than half a century – one that welcomes innovation but also oversees it closely.

11.05.26 | 3 min read
read more
Government Capacity
Blog
Why America Needs to Grow the Field of Data Policy

The strength of our nation’s data policy isn’t just in the rules we write, but in how effectively we translate those rules into a system that prioritizes the public good. Join us in this movement to design and build more resilient national data policies.

11.02.26 | 5 min read
read more