SAMPLE
LETTER F
REDUCTION
OF FEES RESPONSE
NOTE TO PREPARER OF
CORRESPONDENCE: There are instances where a requester may seek a total
waiver of fees and while you do not agree that a total waiver is appropriate,
you may decide that a reduction of fees is appropriate. Here is sample letter that you can
customize to respond to such a request.
Keep in mind that this letter requires the signature of
your Initial Denial Authority (IDA).
Dear [MR/MS/MRS_______]:
This responds to your Freedom of Information Act (FOIA) request of [DATE OF REQUEST LETTER] in which you
seek [RESTATEMENT OF WHAT REQUESTER IS
SEEKING]. Your request was
received by this office on [DATE
REQUEST RECEIVED] and assigned file number [FILE NUMBER].
NOTE: IF REQUEST DOES NOT DELINEATE DATE/TIME
FRAME OF DOCUMENTS OR SEARCH TO BE UNDERTAKEN, THEN ADD THIS PARAGRAPH: Pursuant to procedures established in
Secretary of the Navy Instruction (SECNAVINST) 5720.42F, our search for
responsive records will encompass only those records in existence as of [DATE REQUEST RECEIVED OR DATE REQUEST
PROCESSING COMPLETED].
IF DOCUMENTS ARE
NOT CENTRALLY LOCATED, YOU MAY WISH TO DEFINE THE AREA OF SEARCH: During
our search, we examined the files maintained by [IDENTITY OF SEARCH LOCATION(S)] and identified [DESCRIPTION OF RESPONSIVE DOCUMENT(S)]
as being responsive to your request.
In your letter, you requested a
waiver of fees. We have taken into
consideration your justification regarding waiver of fees, your ability to
disseminate the information, and have considered the informative value and
newsworthiness of the information being requested.
As a [STATE CATEGORY OF REQUESTER, I.E., COMMERCIAL,
EDUCATIONAL/SCIENTIFIC, ALL OTHER, NEWS MEDIA] requester, you are only
entitled to [IDENTIFY THE KIND OF
FEES, I.E., SEARCH, REPRODUCTION, REVIEW]. We estimate that the costs involved in processing your request
will total [$____ BREAKOUT THE SPECIFIC COSTS]. We have determined that we can only waive [____] percentage of the fees because
[INSERT BASIS FOR NOT GRANTING FULL
WAIVER, FOR EXAMPLE: some of the documents you seek already exist in the
public domain; some of the documents you seek would not shed light on the
activities of the Navy; etc].
Accordingly, we are requesting
that you agree to pay [$ ] in reproduction costs. You can notify us by mail or by fax at [TELEPHONE NUMBER]. You will not be billed until after we have
processed your request.
If you agree and confirm your
willingness to pay fees, we will begin to immediately process the responsive
documents for a release determination under the FOIA and will provide you
copies of all releasable materials.
Should you wish to appeal my refusal to waive fees in
their entirety, you must send your appeal, in writing, to the [SELECT THE APPROPRIATE APPELLATE
AUTHORITY].
FOR
BUSINESS/COMMERCIAL LAW AND CIVILIAN PERSONNEL LAW ISSUES: General Counsel of the Navy, 720
Kennon Street SE, Room 214, Washington Navy Yard, DC 20374-5012; or
FOR MILITARY LAW AND ALL MATTERS OTHER THAN THOSE FALLING UNDER THE
COGNIZANCE OF GENERAL COUNSEL: Judge
Advocate General of the Navy (Code 14), 1322 Patterson Avenue SE, Suite 3000,
Washington Navy Yard, DC 20374-5066.
Your appeal
must be postmarked within 60 calendar days from the date of this letter to be
considered. Any supporting rationale
to substantiate your request for a full waiver of fees should
be included and
the enclosed copy of this letter should be attached. Both the appeal letter and the envelope
should bear the notation, "Freedom of Information Act Appeal."
Any questions
concerning this matter should be directed to
[ACTION OFFICER'S NAME AND CODE] at [ACTION OFFICER'S TELEPHONE NUMBER].
I am the official responsible
for the refusal to grant you a full waiver of fees.
Sincerely,
SIGNATURE
(Must be signed
by an IDA)
1-202-685-6545