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Fee Structure For Requests Fees: FOIA processing fees are based upon prescribed requester categories. Requester Categories: The Freedom of Information Reform Act of 1986 significantly changed the way agencies assessed fees in FOIA requests. FOIA requesters are placed in categories based their qualifications and intended dissemination of released material. Determinations are made on a case-by-case basis. The fact that a requester has qualified for inclusion in a particular category previously will be taken into consideration, but the category may be different in subsequent requests if the intended use of the records sought is different. The text of the federal regulations cited below can be found on the GPO website. Commercial Use Requests: Refer to 22CFR171.10(h) and 22CFR171.14(a). Educational Institution Requests: Note: For Colleges and Universities, a statement signed by the chairperson of the department to which the requester belongs, attesting to the fact that the request is being made on the institution’s behalf in accordance with the criteria stated in 22CFR171.14(b), will serve as documentation supporting the requester’s inclusion in this category. Refer to 22CFR171.10(i) and 22CFR171.14(b). Noncommercial Scientific Institution Requests: Refer to 22CFR171.10(h) and 22CFR171.14(b). Representatives of the News Media Requests: Refer to 22CFR171.10(k) and 22CFR171.14(c). Freelance Journalists Requests: Refer to 22CFR171.10(k) and 22CFR171.14(c). All Others Requests are requests from persons not falling within any of the above categories. Refer to 22CFR171.14(d) Need for Agreement To Pay Applicable Fees: FOIA requesters must declare a willingness to pay applicable fees, unless they either can present adequate justification to receive a fee waiver, or fees will fall below the minimum amount charged in their requester categories. Processing of the request cannot begin until fees have been addressed. (See the Departments regulations- 22CFR171.13 through 22CFR171.15) Fee Limits: Requesters may set a limit on the amount that they are willing to pay. If it is anticipated that fees will exceed the fee limit set by the requester, or if in processing the request, fees begin to exceed the requester’s fee limit, the Department will contact the requester. If the requester has provided a telephone number, the Department will attempt to call the requester to resolve the matter quickly. Fees Owed In Connection With Prior Requests: Requesters who owe fees incurred in connection with the processing of previous requests must pay the fees owed prior to the Department processing any new requests. Such requests will be designated "invalid" until payment in full is received. Refer to 22CFR171.13(b)(2). When Fees Are Assessed: Fees are generally assessed by the Department at the conclusion of processing a request. Search and review costs will be calculated based upon the pay scale of the person conducting the search or review. Duplication costs are assessed for only those documents that ultimately are released in full or denied in part; duplication costs are not assessed for documents denied in full, or referred to originating agencies for direct reply. Fee Schedule: The Department's search and review fees are assessed at the following rates:
Copy costs are assessed at the rate of $0.25 per page
Fee Waivers: The FOIA permits agencies to furnish documents without charge or at a reduced rate if the disclosure of the requested information would be in the public interest and the information is not primarily in the commercial interest of the requester (see the Department’s regulations- 22CFR171.15). It is the Department's policy to treat each request for a fee waiver on a case-by-case basis. To help us make a decision about your request for fee waiver or fee waiver appeal, requesters should provide the following information in your request:  a.
State why you believe the subject matter of your request concerns the operations
or activities of the Federal government.b.
From what other sources have you attempted to obtain this information? Have
you tried to obtain this information from the Foreign Relations of the
United States Series, the National Archives and Records Administration,
or public libraries? Demonstrate the absence of the requested information
from the public domain.c.
Provide a summary of your educational background and work experience, particularly
in the field of foreign affairs, and your expertise in the subject area
of your request.d.
Expand on your ability and intent to disseminate the information requested,
e.g., Have you published or disseminated information in this or related
fields in the past? Is the information requested to be used in a specific
article or paper currently being prepared? When is the article to be published
or the program to be aired? To what audience is the article or program aimed?e.
Identify the particular person who will actually use the requested information
in scholarly or other analytic work and then disseminate it.f.
Describe any commercial interest that would be furthered by the disclosure
of the requested information, e.g., Will you be paid for the publication
or dissemination of the requested information? If so, how much will you
be paid and in what manner will you receive payment? Will you receive any
other type of commercial benefit due to your dissemination of the requested
information? A "commercial interest" is one that furthers a commercial,
trade, or profit interest as those terms are commonly understood.g.
If your request for a fee waiver is not granted, we need your written assurance
that you are willing to pay the fees associated with the processing of your
request. You may set a limit on the amount you are willing to pay. In some
cases, we will not be able to make a determination about a fee waiver until
the processing of the request has been completed, at which time an independent
evaluation will be made of the releasable material.No Charge For Requests Under $10.00: The Department does not charge for requests in which the costs of routine collection and processing of the fee are likely to equal or exceed the amount of the fee for FOIA requests. This means that if billable costs are less than $10.00, the requester is not charged. |
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