Requesters are encouraged to send their requests directly to the Freedom of Information Act Officer of the Louisiana Recovery Field Office (LA-RFO).  The FOIA Officer will assign the request to the appropriate responsive office. 

In order to process your request, it should be in writing and contain the following:

• Your name

• Your address

• Your telephone number

• A detailed description of the records being sought

• A statement that you are willing to pay for the request (See below for more information on the cost of a FOIA request).

Once we receive your request, all relevant documents are gathered from throughout the LA-RFO and forwarded to the Office of Counsel for review and release.  The Office of Counsel will release all documents, subject to the FOIA exemptions, or provide a partial denial or a full denial.  

The documents that are not released are compiled in a “Vaughn List” advising the requester with a brief description of the document and the exemption applied to withhold the document from release.

Freedom of Information Act Fee Schedule

The fee schedule that applies to FOIA is very nominal.  After a request is received, the requester is categorized as Commercial, Educational or Noncommercial Scientific Institution, or News Media.

• Commercial – Fees are charged for all search, review and duplication costs. (e.g. law firms, contractors.)
  

• Educational/Noncommercial Scientific Institution or News Media – Fees are charged for duplication in excess of 100 pages if more than 100 pages are desired. (e.g. universities, broadcasts)
  

• All Others – Fees are charged for search and duplication costs if more than two hours of search effort or 100 pages of records are desired.  (e.g. general public, public interest groups)

If assessable costs for a FOIA are $15.00 or less, the fee is automatically waived. 

If the assessable fees are estimated to exceed $15.00, the requester is notified and must indicate a willingness to pay the fees and up to what amount.  Fees are requested for payment with the proper payee stated and the address to forward payment.

The hourly rate for personnel at a GS-8 level and below are billed at $20.00 per hour.  A GS-9 and above is billed at $44.00 per hour. 

We start with the assumption that all persons who have requested documents pursuant to FOIA will pay the requested amount.  We do not ask for payment prior to the receipt of documents unless the amount of search and reproduction is estimated at over $250.00.  This is allowed pursuant to 5 USC §552(4)(v), which states, “No agency may require advanced payment of any fee unless the requester has previously failed to pay fees in a timely fashion, or the agency has determined that the fee will exceed $250.”  

Fee Waiver Criteria:

A requester is allowed two (2) free hours of search and review time and 100 free copies.  Requesters may request a fee waiver but the requester must request this waiver and meet the established criteria before obtaining the same.  A denied fee waiver request may be appealed to the Office of the Chief of Engineers in Washington , D.C. , for independent review.  The criteria for a fee waiver are:

(1) whether there was a genuine public interest in the subject matter of the request,

(2) whether the responsive records were informative on the issue of public interest,

(3) whether the requested information was already in the public domain,

(4) whether the requester had the qualifications and ability to use and disseminate the information,

(5) whether the benefit to the general public was outweighed by any commercial or personal benefit to the requester.

Appeal of Partial and Full Denial

A requester has a sixty day time limit in which to file an appeal from a denial.  A requester is advised in the initial denial correspondence that appeals are sent to the initial denial authority who in turn forwards them to the Office of the Chief of Engineers for independent review.

Upon receipt of an appeal, the FOIA Officer will forward the initial request, any interim correspondence, and the initial denial, complete with documents that have been provided and the “Vaughn List,” to the Office of the Chief of Engineers.  The appellant is notified that the appeal has been forwarded and that there are sixty days allowed for review.

References

(1)      5 USC §552 et. seq.
(2)      32 CFR Part 518, National Defense
(3)      DoD 5400.7-R, Department of Defense, DoD Freedom of Information Act Program,  May 1997
(4)      AR 25-55, Department of the Army

Background Information

The Freedom of Information Act (FOIA) was enacted in 1966 and is codified at 5 U.S.C. 552.  The basic purpose of the law is to ensure an informed citizenry, in order to hold the governors accountable to the governed.   

FOIA establishes the public’s right to request existing records of Government agencies.  Requests are limited to agency records which exist at the time of the request and are within the possession and control of the agency.

Forms

Two forms track the costs of a FOIA request, a DD2086 and a DD2086-1.pdf.  The first form, a DD2086, is very standard.  The second form, a DD2086-1, is used for the processing technical data.  This includes but is not limited to, plans and specifications, blueprints and permits.

Send your request to this address:

U.S. Army Corps of Engineers
Louisiana Recovery Field Office
Office of Counsel
525 St. Charles Avenue
New Orleans , Louisiana   70130
Facsimile:  (504) 681-2414

Exemptions to FOIA

There are nine exemptions to FOIA that require an agency to withhold or redact information that is requested.  They are as follows:

Number 1: 5 USC §552(b)(1) National Defense.  Those records properly and currently classified in the interest of national defense or foreign policy.  There is no discretion regarding the release of these documents.

Number 2: 5 USC §552(b)(2) Internal Personnel Rules.  Those records related solely to the internal personnel rules and practices of the Department of Defense and any of its components.  There are two profiles included in this exemption, high and low.

Number 3: 5 USC §552(b)(3) Specifically Statute Exempt.  Those records concerning matters that are specifically exempt from release due to applicable statute.  There is no discretion regarding the release of these documents.  The LA-RFO has been required to withhold documents pursuant to 16 USC §470w-3 and 33 CFR Part 325, App.C, which specifically excludes the release of locational and sensitive information related to archeological sites.

Number 4: 5 USC §552(b)(4) Trade Secrets, Commercial or Financial, Business Submitter.  These are records that contain trade secrets, commercial or financial information that is submitted to the government with the understanding that the information or record will be retained on a privileged basis in accordance with the customary handling of such records.  These are records which, if released, would be likely to cause substantial harm to the competitive position of the source providing the information.

Number 5: 5 USC §552(b)(5) Deliberative Process, Pre-decisional, Attorney Client Privilege, Attorney Work Product.  Those records containing information considered privileged in litigation, primarily under the deliberative process privilege.  The test of this exemption is that the record must be both deliberative in nature, as well as part of a decision-making process.  Also potentially exempt are records pertaining to the attorney-client privilege and attorney work product.  This exemption is entirely discretionary.

Number 6: 5 USC §552(b)(6) Personnel and Medical Files.  Those records containing information in personnel and medical files, as well as similar personal information in other files which if disclosed to a requester, other than the person who the record is about, would clearly result in an invasion of personal privacy.  There is no discretion in the release of these records.

Number 7: 5 USC §552(b)(7) Records Compiled for Law Enforcement.  These are records that have been compiled for law enforcement purposes.  This exemption may be invoked to prevent disclosure of documents not originally created for, but later gathered for, law enforcement purposes.  The test to this exemption is that (1) the release could reasonably expect to interfere with enforcement proceedings, (2) would deprive a person of the right to a fair trial, or (3) could reasonably be expected to constitute an unwarranted invasion of personal privacy of a living person or surviving family member identified in the record.  There is no discretion in the release of these records.

Number 8: 5 USC§552(b)(8) Regulation or Supervision of Financial Institutions.  These records are gathered for or are related to an examination, operation, or a condition report prepared by any agency responsible for the regulation or supervision of financial institutions.

Number 9: 5 USC §552(b)(9) Geological and Geophysical Data.  These are records containing geological and/or geophysical information and data (including maps) concerning wells.