(a) Assessing fees.(1) Charge the individual only the direct cost of reproduction.
(2) Do not charge reproduction fees if copying is:
(i) The only means to make the record available to the individual (for example, a copy of the record must be made to delete classified information); or
(ii) For the convenience of the DoD Component (for example, the Component has no reading room where an individual may review the record, or reproduction is done to keep the original in the Component's file).
(iii) No fees shall be charged when the record may be obtained without charge under any other Regulation, Directive, or statute.
(iv) Do not use fees to discourage requests.
(b) No minimum fees authorized. Use fees only to recoup direct reproduction costs associated with granting access. Minimum fees for duplication are not authorized and there is no automatic charge for processing a request.
(c) Prohibited fees. Do not charge or collect fees for:
(1) Search and retrieval of records;
(2) Review of records to determine releasability;
(3) Copying records for the DoD Component convenience or when the individual has not specifically requested a copy;
(4) Transportation of records and personnel; or
(5) Normal postage.
(d) Waiver of fees.(1) Normally, fees are waived automatically if the direct costs of a given request are less than $30. This fee waiver provision does not apply when a waiver has been granted to the individual before, and later requests appear to be an extension or duplication of that original request. A DoD Component may, however, set aside this automatic fee waiver provision when, on the basis of good evidence, it determines the waiver of fees is not in the public interest.
(2) Decisions to waive or reduce fees that exceed the automatic waiver threshold shall be made on a case-by-case basis.
(e) Fees for members of Congress. Do not charge members of Congress for copying records furnished even when the records are requested under the Privacy Act on behalf of a constituent (See § 310.22(i) ). When replying to a constituent inquiry and the fees involved are substantial, consider suggesting to the Congressman that the constituent can obtain the information directly by writing to the appropriate offices and paying the costs. When practical, suggest to the Congressman that the record can be examined at no cost if the constituent wishes to visit the custodian of the record.
(f) Reproduction fees computation. Compute fees using the appropriate portions of the fee schedule in 32 CFR part 286.
Title 32 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.