How to file a FOIA Request

Sample Request Letter Fees & Fee Waivers Exemptions

How to Appeal Helpful Hints

Fees

Records the CIA Provides at No Cost Under FOIA

Certain requests we process at no charge:

• Requests for Personal Information. We do not charge fees to requesters seeking records (specifically, records indexed to their names) about themselves under the FOIA, and we process such requests under both the FOIA and the Privacy Act to ensure the release of the maximum amount of information.
• Searches of Previously Released Information at This Internet Site. Through our internet site, you have immediate and free access to CIA records that have been declassified in full or in part under the FOIA and the Executive Order (EO) and already released to the public (use Search (above) or frequently requested records).
• Requests Under $10. We do not charge for small requests that can be processed for less than $10.

Otherwise, you may be responsible for fees as outlined in the following sections.

Fee Categories

The Freedom of Information Act also provides for the collection of fees assessed according to the type of requester:

• Educational and Scientific. Any accredited US educational or research institution or instructor/researcher of such an institution using the information in a scholarly or analytical work contributing to public knowledge and disseminated to the public.
• Commercial. Furthers the commercial interests of the requester--for example, book publishers and authors.
• US News Media. Representatives of US newspapers, television stations, radio stations, and freelancers (if publishing through one of these news organizations) disseminating current events of interest to the general public to enhance its understanding of the operation or activities of the US Government.
• All Others. Requests from individuals who do not fit into the previous three categories.

Fees Charged by the CIA for Processing FOIA Requests

Fees

The FOIA provides for the collection of fees for:

• Searches. Time expended in looking for and retrieving material, either paper or electronic indices, that may be responsive to the request, including personnel hours (clerical and professional) or computer time.
• Reviews. Professional time spent determining the releasability of a record (blacking out or redaction of text) under legal guidelines, excluding the resolution of legal or policy issues.
• Reproduction. Generating a copy of a requested record in the appropriate medium, for example, paper or computer disk.

The costs of an average search, for example, for the categories "Commercial" and "All Others" could run as high as $150 per item and require payment even if no records surface during the search. We will not process such requests until we have a fee commitment from the requester in writing and in some cases a deposit. The following tabulation breaks down the most common fees by requester, but for more detail about all of the costs associated with FOIA requests, see 32 CFR (Code of Federal Regulations, Part 1900):

Fee Estimates

At your request, we will provide estimates of fees and will work with you by offering suggestions on how to refine your requests to minimize costs.

Fee Waivers

The FOIA provides for requests of fee waiver when the disclosure of the information is in the public interest and not primarily in the commercial interest of the requester. These two requirements can be applied using the six factors in the law, four defining public interest and two defining commercial interest:

• Public Interest:
  1. The subject concerns the operations or activities of the US Government.
  2. The disclosure is informative (i.e. "likely to contribute").
  3. The disclosure helps the public understand the operations and activities of the US Government.
  4. The disclosure contributes significantly into public understanding.
  
• No Commercial Interest:
  5. Does requester have a commercial interest?
  6. Which is greater, the public or commercial interest?
  

In summary, the requester can get a fee waiver if the information disclosed is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the US Government and is not primarily in the commercial interest of the requester. We note that many FOIA requests to CIA--which concern foreign countries or events--do not qualify by this definition.

Fee Waiver Appeals

Denials of requests for fee waivers or reductions may be appealed to the Chair of the Agency Release Panel via the Agency's Information and Privacy Coordinator (see sample request letter for address). Requesters are encouraged to explain how their requests satisfy the legal requirements under fee waivers as outlined under the "Fee Waivers" section above.