Norfolk District
Office of Counsel

Office of Counsel



Freedom of Information Act (FOIA)

A FOIA is a Federal law that establishes the public's right to request existing records from Federal Government agencies. Requests are only for agency "records." The agency is not required to create documents in response to a request.

 

A Citizen’s Guide to FOIA    http://www.epic.org/open_gov/citizens_guide_97.html

 

FOIA   http://www4.law.cornell.edu/uscode/5/552.html

 

Frequently Asked Questions (FAQs)

Q. How can I get more Information of FOIA?

A. Please visit the Army's FOIA website.

 

Q. How do I request documents under the FOIA?

A. You can request the documents by fax or letter which must include the following information:

1.            Name

2.            Business name (if applicable)

3.            Telephone number

4.            Fax number (if applicable)

5.            Complete, in-depth description of document including date parameters

6.            Purpose or use of the requested information

7.            Whether you want to view them or have them copied and sent to you

8.            State a willingness to pay any search and review fees

9.            If you are requesting a fee waiver, you must state your basis for the waiver

If you have any questions regarding FOIA, please contact us by:

Regular Mail
US Army Corps of Engineers, Norfolk District
ATTN:  Office of Counsel
803 Front Street, Norfolk, Virginia  23510-1096

Email
FOIA-NAO@usace.army.mil

Q. Do I have to pay for my request and if so, how much?

A. The FOIA allows fees to be charged to certain types of requesters, but it also provides that waivers or reductions in fees be given if disclosing the information is in the public interest. Public interest is defined as information, which significantly enhances the public's knowledge of the operations and activities of the Army. The FOIA requires that requesters be placed into categories. For a more detail outline of the categories, please visit the Army's FOIA website <https://www2.arims.army.mil/rmdaxml/rmda/FreedomOfInformationAct.asp>. One of the most common categories is the one listed below: "Other" Requester. Requesters who do not qualify in another category are considered "other" requesters, and normally make requests for agency records for their personal use. "Other" requesters receive two hours search, all review costs, and the first 100 pages at no cost. A requirement under the Act is that all requesters must include a 'willingness to pay statement' in their request, however, fees are not charged unless they exceed $25. Also, the requester can set a limit on the costs to be incurred. For example, he/she may state "not to exceed $50." If the estimate for answering the request exceeds the limit, the FOIA Officer will call the requester to discuss his/her options. The requester has four options: accept the copied documents up to the previous specified amount of money, cancel the entire request, authorize the money needed to complete the request, or authorize additional funds up to another specified amount. Fee waivers may be granted when disclosure of the records is in the public interest because it is likely to ontribute significantly to public understanding of the operations or activities of the government. The following factors are weighed in making a fee waiver determination.

·        The subject of the request.

·        The informative value of the information to be disclosed.

·        The contribution to an understanding of the subject by the general public likely to result from the disclosure.

·        The significance of the contribution to public understanding.

·        Disclosure of the information is not primarily in the commercial interest of the requester.

"The ability of the requester to disseminate the information."
A Citizen's Guide to Request Army Records Under the FOIA, May 1, 1998

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