Office of Counsel, Walla Walla District, USACE


FAQ’s About the Freedom of Information Act (FOIA)
WHAT IS THE FOIA?
The FOIA is a mechanism by which members of the general public can obtain copies of Government documents From Army Regulation 25-55 (Section 5, Policy (1-500) Compliance with the FOIA): Department of Defense personnel are expected to comply with the provisions of the FOIA and this Regulation in both letter and spirit. This strict adherence is necessary to provide uniformity in the implementation of the FOIA program and to create conditions that will promote public trust.
HOW LONG DOES IT TAKE TO GET A RESPONSE TO A REQUEST?
Once a proper FOIA request is received, the FOIA Officer has 20 working days to submit a response. This is required by statute. This requirement ensures that requests are not forgotten, and that they are dealt with efficiently. To check on the status of your request call 509-527-7714 or email FOIA-NWW@usace.army.mil
WHAT IS CONSIDERED A PROPER FOIA REQUEST?
In order to be processed, a request must clearly identify the documents and/or records being sought, and must either indicate a willingness to be responsible for any associated fees and costs, or indicate a request for a fee waiver and provide a justification for same.
HOW MUCH DOES IT COST?
Most responses are provided free of charge. This is because the FOIA outlines strict guidelines as to what we are and are not allowed to charge in preparation of a response. The first 100 (one hundred) pages of a document are free to a requester. After that, we can only charge .15/page for normal copies .75/page for color copies If the request comes from a member of the media or an educational institution, there is no charge for search and review of response materials. Commercial requesters (businesses, etc.) can be charged search/review fees that exceed two hours. Commercial requesters, technically, are not granted the first 100 pages free. In the Walla Walla District, costs are not billed if they total less than $35.00. Other requesters (private citizens) can only be charged for search fees that exceed two hours. In the Walla Walla District, costs are not billed if they total less than $35.00.
WHAT KINDS OF DOCUMENTS CAN I GET?
While the FOIA aims to provide an “open door” to the general public in its ability to access documents and Government material, because of various reasons there are nine separate exemptions that can apply to documents (or parts thereof) that can not be released. Records that are subject to any of the following exemptions are withheld, in general, because of their role(s) in Government security, personal privacy, law enforcement, and/or legal issues. Army Regulation 25-55 states that records can be withheld because their release would jeopardize Government interests.
WHAT ARE THE FOIA EXEMPTIONS?
Documents that are properly and currently “Classified” in the interest of National defense or foreign policy are subject to Exemption 1. Documents that are related solely to internal procedures, rules, and practices of the Department of Defense (and/or its components) are subject to Exemption 2. Documents that concern matters where a statute specifically exempts from disclosure (archaeological resources, National security matters, etc.) are subject to Exemption 3. Documents containing trade secrets, commercial or financial information for a Department of Defense component are subject to Exemption 4. Documents containing internal advice, recommendations, or subjective evaluations are largely subject to Exemption 5. This exemption is fairly complicated, however, and many considerations must be made prior to withholding any information. Documents from personnel, medical, or other files where a clear (unwarranted) invasion of personal privacy would result, are subject to Exemption 6. Documents that contain information compiled for law enforcement purposes are subject to Exemption 7. Documents relating to examination, operation, and regulation of financial institutions are subject to Exemption 8. Documents containing geological and physical information and data pertaining to wells are subject to Exemption 9. For more detailed descriptions of the FOIA Exemptions click here: FOIA Guide
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