Walla Walla District

The FOIA is a mechanism by which members of the general public can obtain copies of Government documents.

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 509-527-7706 or email FOIA-NWW@usace.army.mil

There is no initial fee to make a FOIA request, and in many cases no fees are charged. However, we are authorized by law to recover the direct costs of providing information to a FOIA requester. For purposes of fees only, the FOIA divides requesters into three categories:

·        commercial use requesters,

·        news media, educational, or scientific requesters; and

·        all other requesters.

Commercial use requesters are charged for search time, document review, and duplication. News media, educational, and scientific requesters are charged for duplication only, after the first 100 pages. All other requesters are charged for search time (after two hours) and duplication (after 100 pages). In all cases, if the total fee does not exceed $15.00, the Corps of Engineers will not charge any fee at all.

In your request letter you may make a specific statement limiting the amount of fees you are willing to pay. If you do not, the Corps of Engineers will assume that you are willing to pay all appropriate fees of up to $250.00. If your estimated fees exceed $250.00, you will be given the opportunity to narrow your request in order to reduce the fees or you will be asked to express your commitment to pay the estimated amount. Ordinarily, for fees under $250.00 you will not be required to actually pay the fees until the records have been located and are ready to be sent to you.

Fee schedule (as of 5/9/02):

·        duplication charges:

·        paper reproduction – 15 cents per page

·        computer tapes and print-outs – direct costs and labor costs

Search Charges:

·        $20.00 per hour for clerical staff

·        $44.00 per hour for professional staff

·        $75.00 per hour for executive staff

Review Charges:

·        $20.00 per hour for clerical staff

·        $44.00 per hour for professional staff

·        $75.00 per hour for managerial staff

Fee Waivers

If you expect or are advised that a fee will be charged, you may request a fee waiver of those fees. However, fee waivers are limited to situations in which a requester can show that disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester. For a more complete explanation of fee and fee waiver matters, go to the Department of Defense FOIA Regulations and scroll down to the "Fees" subheading.

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.

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

To assist you with your request, we have provided information on the procedures, rules and regulations pertinent to the Corps of Engineers’ processing of Freedom of Information Act (FOIA) requests. Also provided are links to various sites, which you may find helpful in understanding and interpreting the Act.

FOIA Statute

· Freedom of Information Act (FOIA) – link to the full text of the Act at the Department of Justice website.

FOIA Regulations – The Corps of Engineers is subject to DoD and Army FOIA Regulations:

· Department of Defense Freedom of Information Act Regulations, DoD 5400.7-R (Sep 1998); 32 CFR Part 286 – link to the Department of Defense's FOIA website.

· Department of the Army Freedom of Information Act Regulations, 32 CFR Part 518, 22 Feb 2006 – link to the Department of Army's FOIA website.

Helpful FOIA Links

· Department of the Army FOIA Website

· Department of Defense FOIA Website

· Department of Justice/FOIA Website

· Georgetown Law Library

Privacy Act Information

· The Privacy Act of 1974, 5 U.S.C. § 552a, as amended

· Overview of the Privacy Act of 1974

Other Useful Resources

USACE FOIA Annual Reports

Army Freedom of Information Act Electronic Reading Room

Federal Register

Code of Federal Regulations

FOIA Frequently Asked Questions

 

 

 

 

 

 

 

More infomation can be found at: http://www.usace.army.mil/FOIA.aspx