Documents / FOIA release
This Central Intelligence Agency filing is a declaration by Delores M. Nelson, the CIA's Information and Privacy Coordinator, in Bryant v. CIA, Civil Action No. 09-0940 in the U.S. District Court for the District of Columbia. It supports the CIA's motion for summary judgment. It traces Larry W. Bryant's 2008 FOIA request for records of a 1987 FAA meeting on the November 17, 1986 Japanese 747 encounter over Alaska and records of similar airborne UFO encounters. It also describes the fee dispute and the searches the CIA ran. No records of the meeting were found, and three documents from other agencies were referred to them.
“Edwards Air Force Base”3 pages
is not primarily in the commercial interest of the requester; the Agency shall consider the following factors when making this determination: (i) Whether the subject of the request concerns the operations or activities of the United States Government; and, if so, (ii) Whether the disclosure of the ' _ requested documents is likely to contribute to an understanding of United States Govemment operations or activities; and, if so, . (iii) Whether the disclosure of the requested documents will contribute to public understanding of United States Government operations or activities; and, if so, (iv) Whether the disclosure of the requested documents is likely to contribute significantly to public understanding of United States Government operations and activities; and (v) Whether the requester has a commercial interest that would be furthered by the requested disclosure; and, if so, (vi) Whether the disclosure is primarily in the commercial interest of the requester. (c) Fee waiver appeals. Denials of _ requests for fee waivers or reductions may be appealed*to the Chair of the Agency Release Panel via the Coordinator. A requester is encouraged to provide any explanation or argument as to how his or her request satisfies the statutory requirement set forth above. (d) Time for fee waiver requests and appeals. It is suggested that such requests and appeals be made and resolved prior to the initiation of processing and the incurring of costs. However, fee waiver requests will be accepted at any time prior to the release of documents or the completion of a case, and fee waiver appeals within forty-five (45) days of our initial decision subject to the following condition: if processing has been initiated, then the requester must agree to be responsible for costs in the event of an adverse administrative or judicial decision. (e) Agreement to pay fees. In order to protect requesters from large andlor unanticipated charges. the Agency will request specific commitment when it estimates that fees will exceed $100.00. The Agency will hold in abeyance for forty-five (45) days requests requiring such agreement and will thereafter deem the request-closed. This action, of course, would not prevent an individual from refiling his or her FOIA request with a fee commitment at a subsequent date. (fl Deposits. The Agency may require an advance deposit of up to 100 percent of the estimated fees when fees may exceed $250.00 and the requester has no history of payment. or when, for fees of any amount, there is evidence Approved for Release: 2025/06/11 C07083374 Federal Register / - Vol. 62, No. ll5 / Monday June '16 1997 I Rules and Regulations 32483 - 32484 that the requester may not pay the fees which would be accrued by processing the request. The Agency will hold in abeyance for forty- five (45) days those requests where deposits have been requested. (g) Schedule affees - 1) In general. The schedule of fees for services performed in responding to requests for records is established as follows: Personnel Search and Review i Clerical/Technical Quarter hour $5.00 Professional Quarter /Supervisory hour l0.00 Manager/Senior Quaner Professional hour 18.00 Computer Search and Production Search (on-line) Flat rate 10.00 30.00Search (off-line) Flat rate Other activity ~ Per minute 10.00 Tapes (mainframe Each cassette) 9.00 Tapes (mainframe Each cartridge) 9.00 Tapes (mainframe reel) Each _ 20.00 Tapes (PC 9mm) Each 25 .00 Diskette (3.S”) Each 4.00 CD (bulk recorded) Each 10.00 CD (recordable) Each 20.00 Telecommunications Per minute .50 Paper (mainframe Per page printer) .10 Paper (PC blw laser Per Page printer) ~ .10 printer Paper PC color Per page 1.00 Paper Production Photocopy (standard Per page or legal) _ .l0 Microfiche Per frame .20 Pre-printed » Per I00 (if available) pages 5.00 (tr available) ' Published Per item NTIS (2) Application of schedule. Personnel search time includes time expended in either manual paper records searches, indices searches, review of computer search results for relevance, personal computer system searches, and various reproduction services. In any event where the actual cost to the Agency of a particular item is less than the above schedule (e.g., a large production or run of a document resulted in a cost of less than $5.00 per hundred pages). then the actual lesser cost will be charged. items published and available at the National Technical information Service (NTIS) are also available from CIA pursuant __ 7 , . . to this part at the NTIS price as authorized by stalme. (3) Other services. For all other types of output, production, or reproduction (e g.. photographs, maps, or published reports), actual cost or amounts authorized by statute. Determinations of actual cost shall include the commercial cost of the media, the personnel time expended in making the item to be released, and an allocated cost of the equipment used in making the item, or, if the production is effected by a commercial service, then that charge shall be deemed the actual cost for purposes of this part. (h) Limitations on collection offee-s. -- (1) In general. No fees will be charged ii’ the cost of collecting the fee is equal to or greater than the fee itself. That cost includes the administrative costs to the Agency of billing, receiving, recording, and processing the fee for deposit to the Treasury Department and, as of the date of these regulations, is deemed to be $10.00. (2) Requests for personal information. No fees will be charged for requesters seeking records about themselves under the FOIA; such requests are processed in accordance with both the FOlA and the Privacy Act in order to ensure the maximum disclosure without charge. (i) Fee categories. There are four categories of FOIA requesters for fee purposes: "C0mnwrcial use ” requesters, "educational and non-commercial scientific institution" reqnesters, "representatives of the news media" requesters, and "all other" requesters. The categories are defined in §l900.02, and applicable fees, which are the same in two of the categories, will be assessed as follows: (l) "Commercial use " requesters: Charges which recover the full direct costs of searching for, reviewing, and duplicating responsive records (if any); (2) "Educational and non-commercial sclenriflc institution" requesters as well as "representatives of the news media" requesters: Only charges for reproduction beyond the first 100 pages; (3) "All other" requesters: Charges which recover the full direct cost of searching for and reproducing responsive records (if any) beyond the first 100 pages of reproduction and the first two (2) hours of search time, which will be furnished without charge. (i) Associated requests. A requester or associated requesters may not file a series of multiple requests, which are merely discrete subdivisions of the information actually sought for the purpose of avoiding or reducing applicable fees. in such instances, the Agency may aggregate the requests and charge the applicable fees. Approved for Release: 2025/06/11 C07083374
FOIA release, from the cia-readingroom collection. The PDF is mirrored here; the original link is above. 58 pages are in the text index: search them above, or from the library's search.