[Code of Federal Regulations]

[Title 22, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 22CFR171.14]



[Page 754-755]

 

                       TITLE 22--FOREIGN RELATIONS

 

                     CHAPTER I--DEPARTMENT OF STATE

 

PART 171_AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC--Table 

of Contents

 

             Subpart B_Freedom of Information Act Provisions

 

Sec.  171.14  Fees to be charged--general.



    The Department shall seek to charge fees that recoup the full 

allowable direct costs it incurs in processing a FOIA request. It shall 

use the most efficient and least costly methods to comply with requests 

for documents made under the FOIA. The Department will not charge fees 

to any requester, including commercial use requesters, if the cost of 

collecting a fee would be equal to or greater than the fee itself. With 

the exception of requesters seeking documents for a commercial use, the 

Department will provide the first two hours of search time and the first 

100 pages of duplication without charge. By making a FOIA request, the 

requester shall be considered to have agreed to pay all applicable fees 

up to $25.00 unless a fee waiver has been granted.

    (a) Searches for responsive records. If the Department estimates 

that the search costs will exceed $25.00, the requester shall be so 

notified. Such notice shall offer the requester the opportunity to 

confer with Department personnel with the object of reformulating the 

request to meet the requester's needs at a lower cost. The request shall 

not be processed further unless the requester agrees to pay the 

estimated fees.

    (1) Manual searches. The Department will charge at the salary rate 

(i.e., basic pay plus 16 percent of basic pay) of the employee making 

the search.

    (2) Computer searches. The Department will charge at the actual 

direct cost of providing the service. This will include the cost of 

operating the central processing unit (CPU) for that portion of 

operating time that is directly attributable to searching for records 

responsive to a FOIA request and operator/programmer salary attributable 

to the search.

    (b) Review of records. Only requesters who are seeking documents for 

commercial use may be charged for time spent reviewing records to 

determine whether they are releasable. Charges may be assessed for the 

initial review only; i.e., the review undertaken the first time the 

Department analyzes the applicability of a specific exemption to a 

particular record or portion of a record.



[[Page 755]]



    (c) Duplication of records. Records shall be duplicated at a rate of 

$.15 per page. For copies prepared by computer, such as tapes or 

printouts, the Department shall charge the actual cost, including 

operator time, of production of the tape or printout. For other methods 

of reproduction or duplication, the Department shall charge the actual 

direct costs of producing the document. If the Department estimates that 

the duplication costs will exceed $25.00, the requester shall be so 

informed. The request shall not be processed further unless the 

requester agrees to pay the estimated fees.

    (d) Other charges. The Department shall recover the full costs of 

providing services such as those enumerated below:

    (1) Certifying that records are true copies (see part 22 of this 

chapter);

    (2) Sending records by special methods such as express mail, 

overnight courier, etc.

    (f) Payment shall be in the form either of a personal check or bank 

draft drawn on a bank in the United States, or a postal money order. 

Remittances shall be made payable to the order of the Treasury of the 

United States and mailed to the Information and Privacy Coordinator.

    (g) A receipt for fees paid will be given upon request. Refund of 

fees paid for services actually rendered will not be made.