EP 1165-2-1
30 Jul 99
(2) Any information which has been obtained with the express
understanding it will not be disclosed will be used in a manner that
will protect the privileged nature of that information.
(3) Upon request, the maximum information consistent with the
above will be made available to the public from the Corps Civil Works
records.
c. Releasable Information.
The following types of data can be
made available upon request:
(1) Final reports in response to Acts of Congress and
Resolutions of Congressional Committees.
(2) Complete records of public hearings, including
transcripts, correspondence, and information from the public except
any requested to be held in confidence.
(3) Reports of the District and Division Commanders after
issuance of the public notice, or approval of the report by HQUSACE.
(4) Letters and information to and from the public regarding
any type of Civil Works reports except those containing a statement
that the contents are to be held in confidence.
(5)
Material previously published for public use.
(6) Engineer Regulations (ERs) and Engineer Manuals (EMs) on
Civil Works activities.
d. Non-Releasable Information. The following types of
information will not be released by the action officer but must be
forwarded to the IDA for a determination:
(1) Trade secrets, inventions and discoveries, or other
proprietary data. Formula, designs, drawings, and other technical
data submitted in confidence in connection with research, grants, or
contracts.
(2)
Items specifically exempted from disclosure by statute.
(3) Privileged or commercial and financial information
obtained expressly as confidential (for such time as the person
furnishing the information specifies that it is privileged).
(4) Interagency and intra-agency memorandums and letters which
would not be available by law to a private individual in litigation
with the DOD or any agency of the Department.
(5) Internal letters, memorandums, and other internal
communications within the Civil Works element of the Corps of
Engineers that contain evaluations, opinions, recommendations, or
proposed solutions, and are primarily of a decision-making nature.
These include staff papers containing advice, opinions, suggestions or
recommendations preliminary to decision or action by the Chief of
Engineers and the Department of the Army.
(6) Records, papers and advice exchanged internally in
preparation for administrative settlement of potential litigation.
Evaluation of contractors and their products which constitute internal
recommendations or advice and which involve a significant measure of
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