The Freedom of Information Act (FOIA) is a law that was established by Congress that allows mem-bers of the public to obtain copies of government records. By allowing access to government records, the public then has a means by which to see and understand how the government does business. The law itself is rather complex, and in the New York District we take pride in the fact that we have established a simple program that allows requesters to submit requests quickly and (hopefully) easily that then allows us to process those requests expeditiously.
Submitting a FOIA Request:
○ All FOIA requests should be made in writing.
○ FOIA requests should be submitted via e-mail (FOIA-NAN@usace.army.mil) (Preferred)
○ FOIA requests may also be submitted via U.S. Mail to:
Attn: Annette Baden (Assistant to the Freedom of Information Act Officer)
U.S. Army Corps of Engineers
26 Federal Plaza
Office of Counsel, Room 16-206
New York, NY 10278-0090
What is Required?
○ Full Name
○ Company/Firm Name (if applicable)
○ Mailing Address
○ E-mail Address (if applicable)
○ Valid Telephone Number
○ Reasonable Description of Records Sought (See Guidelines Below)
○ Agreement to Pay Associated Processing Fees or Request for Fee Waiver (See Guidelines Be-low)
What is a Reasonable Description?
○ Be as specific as possible when describing the records you are seeking, include period of time, property address(es)/location, if known. A map with the proximity of the location circled may al-so be helpful.
○ Don’t ask for "any and/or all" records that "relate to" a given project or subject. This makes it difficult to locate the records you are searching for and our ability to process your request in a timely manner.
How Long Does it Take?
○ The law allows the agency 20 working days to provide a response.
○ Please allow us sufficient time to complete the request. There are many components that go into
processing the request.
○ Please do not call other Corps offices or staff to inquire about the FOIA request. All questions should be directed to the Office of Counsel, FOIA Processor.
Fees & Requests for Fee Waivers
○ Fees may exist in the processing of your FOIA request.
○ Regulations require the agency to classify requestors into one of the following categories:
○ For a breakdown of fees, click on Fees to the left.
1) Commercial
2) Educational and/or Non-Commercial Scientific Institution
3) News Media
4) All Other
Our determination of your status will be provided in your request acknowledgement.
○ The fee category of a requester that is an attorney or any other agent representing a client is determined by the fee category of the attorney's client. If the fee category of the client is not clear, then the DoD Components should ask the requester for clarification. If an attorney does not provide enough information to determine the fee category of the client, then the DoD Component may assign commercial fee category to the requester.
○ Requestors other than "commercial" may request a fee waiver. However, the justification for a fee waiver must adhere to specific guidelines before we can consider your request. Additional information for a fee waiver justification can be found under Fee Waiver Request.
○ For a breakdown of fees click on "schedule of fees," on the left.