Exhibit 2

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1. All records relating to HUD’s administration of the CDBG Disaster Recovery Grant

program as to the State of Louisiana as grantee, including records that identify, analyze,

discuss, relate to, support, or mention in any way:

a. the decision to waive the 70% overall benefit requirement and require instead that

50% of Disaster Recovery Grant funds be used for activities that principally

benefit low- and moderate-income persons, see 71 Fed. Reg. 7666, 7668 (Feb. 13,

2006) (waiving the 70% overall benefit requirement for grant funds provided by

Pub. L. No. 109-148); 71 Fed. Reg. 63,337, 63,339 (Oct. 30, 2006) (waiving the

70% overall benefit requirement for grant funds provided by Pub. L. No. 109-

234);

b. requests by Louisiana for waivers from statutory or regulatory requirements of the

regular CDBG program, including any waivers requested by Louisiana but not

granted by HUD, and including the grantee’s request that “such waiver is required

to facilitate the use of” Disaster Recovery Grant funds, 119 Stat. at 2780; 120

Stat. at 473;

c. Louisiana’s certification that it will affirmatively further fair housing, including

any analysis of impediments to fair housing, and any records reflecting the

analysis of impediments and actions taken to overcome the effect of any

impediments;

d. Louisiana’s certification that it has in effect and is following a residential antidisplacement and relocation assistance plan;

e. Louisiana’s certification that it will comply with section 3 of the Housing and

Urban Development Act of 1968, 12 U.S.C. § 1701u, and HUD’s implementing

regulations for section 3 at 24 C.F.R. Part 135;

f. Louisiana’s certification that it is following a detailed citizen participation plan,

and that each unit of general local government that is receiving assistance from

the state is following a detailed citizen participation plan;

g. Louisiana’s certification that it will use funds solely for necessary expenses

related to disaster relief, long-term recovery, and restoration of infrastructure in

the most impacted and distressed areas in communities included in Presidential

disaster declarations;

h. Louisiana’s certification that “maximum feasible priority” is given to activities

that will benefit low- and moderate-income persons, and that at least 50% of the

amount expended shall benefit such persons, see 71 Fed. Reg. at 7671;

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i. Louisiana’s certification that it will conduct and administer the grant in

conformity with Title VI of the Civil Rights Act of 1964, Title VIII of the Civil

Rights Act of 1968 (the Fair Housing Act), and HUD’s implementing regulations

for Title VI and Title VIII;

j. any summaries or other submissions by Louisiana to HUD regarding public

comments on its use of the grant funds, see 71 Fed. Reg. at 7668-69;

k. all quarterly reports from Louisiana to HUD (required to be submitted no later

than 30 days following each calendar quarter), as submitted using the online

Disaster Recovery Grant Reporting system or otherwise, including detailed

information about the uses of grant funds, such as “the project name, activity,

location, and national objective; funds budgeted, obligated, drawn down, and

expended; . . . beginning and ending dates of activities; and performance measures

such as numbers of low- and moderate-income persons or households benefiting,”

71 Fed. Reg. at 7668-70;

l. the record-keeping system established and maintained by Louisiana (required by

HUD regulation to “facilitate HUD review of whether program requirements are

being met,” 71 Fed. Reg. at 7670), as well as data recorded through that recordkeeping system, including “data on the racial, ethnic, and gender characteristics of

persons who are applicants for, participants in, or beneficiaries of the program,”

71 Fed. Reg. at 7670;

m. HUD’s responses to, review of, consideration of, or approval of any of the

certifications, reports, data, or requests for waivers described or identified in

¶¶ 1(b) to 1(l) above;

n. the finding by the Secretary of HUD, with regard to every waiver of any statutory

or regulatory program requirement granted by the Secretary, that “such waiver

would not be inconsistent with the overall purpose of the statute [i.e., Title I of the

Housing and Community Development Act of 1974], as modified,” 119 Stat. at

2780; 120 Stat. at 473;

o. HUD’s determination, prior to the obligation of funds to Louisiana pursuant to

Pub. L. No. 109-234, that Louisiana was sufficiently prioritizing “the

rehabilitation and reconstruction of the affordable rental housing stock including

public and other HUD-assisted housing,” 120 Stat. at 473; 

2. All records relating to HUD’s administration of the CDBG Disaster Recovery Grant

program as to the State of Mississippi as grantee, including records that identify, analyze,

discuss, relate to, support, or mention in any way:

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a. - o. all records requested in ¶¶ 1(a) - (o) above;

p. all requests that HUD waive the 50% overall benefit requirement (that is, the

requirement that 50% of the CDBG funds received by Mississippi under the grant

be for activities that benefit low- and moderate-income persons);

q. HUD’s and Mississippi’s analysis of the “available post-disaster housing need

data” in connection with Mississippi’s request for a waiver of the overall benefit

requirement as to the activities contained in its March 31, 2006, Action Plan

submission, see 71 Fed. Reg. 34,457, 34,459 (June 14, 2006);

r. HUD’s finding of a “compelling need” to eliminate the 50% overall benefit

requirement as to the activities contained in Mississippi’s March 31, June 28, and

July 12, 2006, Action Plan submissions;

s. data that HUD believes “indicate that it is possible that the actual operations of

the grant may produce a result in conformance with the 50 percent overall benefit

requirement,” 71 Fed. Reg. at 34,459;

t. HUD’s determination that Mississippi “has, to some extent, followed the

Department’s recommendation that it make a reasonable effort to address the

recovery needs of its low- and moderate-income residents,” 72 Fed. Reg. 10,020,

10,021 (Mar. 6, 2007);

u. HUD’s determination, as indicated in its March 6, 2007 Notice, that Mississippi

does not have a compelling need for a waiver of the 50% overall benefit

requirement for Mississippi’s entire grant, see 72 Fed. Reg. at 10,021;

v. HUD’s determination that Mississippi does have a compelling need for a waiver

of the 50% overall benefit requirement as to the funds provided by Pub. L. No.

109-148 to the extent necessary to carry out the activities contained in

Mississippi’s Action Plan amendment dated December 15, 2006;

w. Mississippi’s Action Plan submissions to HUD, including but not limited to those

dated March 31, June 28, July 12, and December 15, 2006;

3. All records relating to any studies conducted by the HUD Office of the Inspector General

regarding HUD’s administration of, or any state grantee’s administration of, the CDBG

Disaster Recovery Grant program;

4. All records relating to any studies conducted by the Government Accountability Office

regarding HUD’s administration of, or any state grantee’s administration of, the CDBG

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Disaster Recovery Grant program, including any data or information provided by HUD to

the Government Accountability Office; and

5. All records relating to communications from or to Congress – including any

Congressional committees or subcommittees, or any individual members of Congress –

on the topic of HUD’s administration of, or any state grantee’s administration of, the

CDBG Disaster Recovery Grant program, including but not limited to all

communications in compliance with the statutory requirement that “the Secretary shall

notify the Committees on Appropriations on any proposed allocation of any funds and

any related waivers made pursuant to these provisions . . . no later than 5 days before such

waiver is made,” 119 Stat. at 2780-81; 120 Stat. at 473.

If HUD believes that any portion of any records requested above is exempt from

disclosure for any reason, LDF requests that you provide us with an index of those documents as

required by Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973). Such an index must adequately

describe each withheld document or portion of a document, and must state the claimed

exemption with sufficient specificity to “permit a reasoned judgment as to whether the material is

actually exempt under FOIA.” Founding Church of Scientology of Wash., D.C., Inc. v. Bell, 603

F.2d 945, 949 (D.C. Cir. 1979). If portions of any requested records are properly exempt from

disclosure, please disclose any reasonably segregable non-exempt portions of the requested

records. See 5 U.S.C. § 552(b). If HUD believes that a document contains non-exempt portions

that are not reasonably segregable, please provide a detailed justification for this determination,

including a description of how the non-exempt portions are dispersed throughout the document,

and what proportion of the document is non-exempt. Mead Data Cent., Inc. v. U.S. Dep’t of the

Air Force, 566 F.2d 242, 261 (D.C. Cir. 1977).

Form in Which Records Should be Made Available

LDF seeks records of any and all kind, including, but not limited to, hard copy and

electronic records, documents, spreadsheets, audiotapes, videotapes, and photographs. This

request includes correspondence, memoranda, notes, e-mails, notices, telephone facsimiles,

charts, tables, presentations, orders, filings, telephone or voice mail messages, agendas, and

calendars. We also seek information about any meetings and/or discussions at which the topics

covered in this request arose, including agendas, participant lists, minutes, transcripts, notes, and

documents related to such meetings and/or discussions. Please provide all responsive records in

the form or format in which they are regularly kept, whether hard copy, electronic, or otherwise.

Request for Expedited Processing

Pursuant to 5 U.S.C. § 552(a)(6)(E)(i) and 24 C.F.R. § 15.105(b), LDF requests that HUD

expedite the processing of this request in light of the compelling need for the requested

information. LDF is a non-profit civil rights litigation and public advocacy organization, whose

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activities include disseminating information it gathers from a variety of sources, including the

Freedom of Information Act. LDF’s website, http://www.naacpldf.org, includes numerous

examples of reports and other documents it has prepared to disseminate important information

regarding civil rights and equal opportunity for African Americans. LDF seeks the records,

documents, and information included in this request for the express purpose of disseminating that

information to the public.

In addition, per 24 C.F.R. § 15.105(b)(2), there is “an urgency to inform the public

concerning actual or alleged Federal Government activity.” The use of CDBG Disaster Recovery

Grant funds to assist in disaster relief, long-term recovery, and rebuilding expenses in those areas

in the Gulf of Mexico that were affected by Hurricanes Katrina, Rita, and Wilma is a topic of

overwhelming and pressing significance to the hundreds of thousands of families displaced or

affected by those events. In addition, the states receiving CDBG Disaster Recovery Grants have

begun to develop full or partial plans for the expenditure of those funds, and have started

distributing funds in accordance with those plans. The use of Disaster Recovery Grant funds has

been extensively covered in the media both nationally and locally in the affected areas, further

indicating the immediate public interest in the matter. Accordingly, the records sought in this

request are urgently needed to inform the public – especially the public in the affected areas –

regarding “actual or alleged Federal Government activity,” id., in connection with these ongoing

and planned disaster relief and long-term recovery programs. See, e.g., ACLU v. U.S. Dep’t of

Justice, 321 F. Supp. 2d 24, 30 (D.D.C. 2004).

As required by 5 U.S.C. § 552(a)(6)(E)(ii)(I) and 24 C.F.R. § 15.104(d), HUD must

determine whether to provide expedited processing, and give notice of that determination to

LDF, within 10 days after the date of this request.

Request for Fee Waiver

LDF falls in the fee category of “other requester” pursuant to HUD regulation. See 24

C.F.R. § 15.110(b). However, the FOIA statute provides, at 5 U.S.C. § 552(a)(4)(A)(iii), that

“[d]ocuments shall be furnished without any charge or at a charge reduced below the fees

established under [§ 552(a)(4)(A)(ii)] if disclosure of the information is in the public interest

because it is likely to contribute significantly to public understanding of the operations or

activities of the government and is not primarily in the commercial interest of the requester.” 

LDF requests that HUD waive or reduce any fees associated with processing this request for

records because disclosure of the information sought is in the public interest, is likely to

contribute significantly to public understanding of HUD’s activities, and is not sought for LDF’s

commercial interest. LDF is a non-profit corporation, organized under § 501(c)(3) of the Internal

Revenue Code, and as such has no commercial interest. The records are sought to inform the

public’s understanding of HUD’s compliance, and the grantees’ compliance, with the reporting,

oversight, nondiscrimination, fair housing, overall benefit, and other requirements of the CDBG

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Disaster Recovery Grant program. A fee waiver is therefore warranted pursuant to 5 U.S.C.

§ 552(a)(4)(A)(iii) and 24 C.F.R. § 15.110(h).

HUD recently published a Final Rule revising the procedure to be followed by FOIA

requesters seeking a fee waiver. See 72 Fed. Reg. 12,540 (Mar. 15, 2007). This Final Rule is not

effective until April 16, 2007, but LDF notes that its request for a fee waiver is warranted both

under the existing procedures, as currently codified at 24 C.F.R. § 15.110(h), and under the

procedures that will soon take effect, as established at 72 Fed. Reg. 12,540. The FOIA revisions

require that the “public interest in disclosure is greater in magnitude than that of any identified

commercial interest in disclosure.” 72 Fed. Reg. at 12,542. As noted, LDF has no commercial

interest in disclosure, whereas the public interest in disclosure of HUD’s administration of the

nearly-$17 billion Disaster Recovery Grant program is tremendous.

The FOIA revisions further require that (A) the subject of the request pertain to the

operations of the federal government; (B) the informative value of the requested records be

consequential; (C) the disclosure be likely to contribute to an understanding of the subject by the

public; and (D) the contribution to public understanding be significant. See id. The records

sought in this request pertain directly and clearly to the operations of the federal government,

because they concern the administration by a federal agency of federal disaster recovery funds. 

The requested records will be “meaningfully informative” about federal governmental operations,

id., because they concern HUD’s administration of a large amount of housing-related aid – nearly

$17 billion – and because none of the requested records are believed after diligent search to be

already in the public domain. The disclosure of the requested records is likely to contribute to

the understanding of a broad audience of persons interested in the subject, including the hundreds

of thousands of individuals and families displaced by Hurricanes Katrina, Rita, and Wilma who

will potentially benefit from the use of the Disaster Recovery Grants. To the extent that HUD

will consider the requester’s “expertise in the subject area and ability and intention to effectively

convey the information,” LDF attests that it has litigated dozens of cases regarding fair housing

issues generally, and the use of CDBG funds to affirmatively further fair housing specifically;

and has further engaged in public advocacy for decades on matters of equitable administration of

federal funds on behalf of African Americans. Moreover, as noted above, LDF intends to

analyze the requested records and convey information regarding HUD’s administration of the

CDBG Disaster Recovery Grant program on its website as well as through reports and other

means to as broad an audience as possible. Finally, with regard to requirement (D) in the FOIA

revisions, LDF believes that the “public’s understanding of the subject in question, as compared

to the level of public understanding existing prior to the disclosure, [will] be enhanced by the

disclosure to a substantial degree.” Id. LDF believes that the public has little to no current

understanding of how, if at all, HUD is overseeing the use of CDBG Disaster Recovery Grant

funds to ensure that the many Congressional and regulatory requirements – including reporting,

nondiscrimination, fair housing, overall benefit, citizen participation, and other requirements –

are being met. LDF further believes that the public has little to no current understanding of

HUD’s considerations and communications with state grantees with regard to waiving, or

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