- Include specific information about each record sought, such as the date, title or name, author, recipient, and subject matter, etc.
- If you are requesting communications, you must provide the name and/or title of the individual(s) whose communications you are seeking, date time frame, and key terms
Federal Register - Vol. 84, No. 62: Rules and Regulations
§ 1.561 Fees.
(a) General. VA will charge for processing requests under the FOIA, as
amended, and in accordance with this section. Requesters must pay fees by check or money order made payable to the Treasury of the United States.
Payment by credit card also may be acceptable; the requester should contact the FOIA Officer for instructions on credit card payments. Note that fees associated with requests from VA beneficiaries, applicants for VA benefits, or other individuals, for records retrievable by their names or individual identifiers processed under 38 U.S.C. 5701 (records associated with claims for benefits) and 5 U.S.C. 552a (the Privacy
Act), will be assessed fees in accordance with the applicable regulatory fee provisions relating to VA benefits and VA Privacy Act records.
3. Direct costs mean expenses that VA incurs in responding to a FOIA request; direct costs include searching for and duplicating (and in the case of commercial use requesters, reviewing)
records to respond to a FOIA request, the hourly wage of the employee
performing the work plus 16 percent of the hourly wage, and the cost of
operating duplication machinery. Direct costs do not include overhead expenses, such as the costs of space or heating and lighting of the facility where the records are kept.
Fee Categories:
- Commercial requesters—charged for search time, document review, and duplication
- News media, educational, and scientific requesters—charged for duplication only after the first 100 pages
- All other requesters—charged for search time (after two hours) and duplication (the first 100 pages are free)
Current Departmental fees:
- Duplication at 15 cents per page
- Search at hourly wage of the person conducting the search plus 16%
- Review (commercial requesters only) at hourly wage of the person conducting the review plus 16%
- VA will charge direct costs associated with duplication of non-paper items; records search using automated methods; and other activities such as attesting under seal or certifying that a record are true copies, etc.
- We do not charge when assessable fees are less than $25.
- Your submission of a request will be deemed to be an implicit commitment to pay up to $25 in fees, unless you indicate a higher amount or request a fee waiver.
- You will be promptly notified if the anticipated fees exceed $25.
Fee Waiver
Agencies may grant fee waivers if the requester successfully describes that the disclosure of information is in the public interest because it is likely to contribute significantly to the public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.
Agencies may grant expedited process if the requester demonstrates a compelling need. A compelling need must be demonstrated in one of the two following ways:
- By establishing that the failure to obtain the records quickly “could reasonably be expected to pose an imminent threat to the life or physical safety of an individual or,
- If you are primarily engaged in disseminating information, and you demonstrate that an “urgency to inform the public concerning actual or alleged Federal Government activity exists.
How to appeal a FOIA request?
Under the FOIA’s administrative appeal provision and the VA FOIA regulations, a requester has the right to appeal any adverse determination the VA makes on their FOIA request.
You may file an administrative appeal if:
- You are not satisfied with a FOIA office’s initial determination;
- You disagree with the center’s withholding of information, or you might believe that there are additional records responsive to your request that the center failed to locate;
- You have requested expedited processing or a fee waiver and the FOIA office has not granted that request; or
- You may appeal a determination that what has been requested is not reasonably described, that a record does not exist or cannot be located, that a record is not readily reproducible in the form or format requested, that the requested information is not a record subject to the FOIA, or a determination regarding the charging of a fee.
Appeal Must be made in Writing
Any administrative appeal to a request must be made in writing within 90 days of any initial decision to deny a request. The letter of appeal should state clearly why the requester disagrees with the determination to withhold records. Both the front of the envelope and the appeal letter should contain the notation: “Freedom of Information Act Appeal”
The final VA decision will be made by the General Counsel or the Deputy General Counsel.
Where to Send the Request
Effective on September 19, 2011, the Department of Veterans Affairs will accept FOIA Appeals electronically. If you filed a FOIA request, you want to file an appeal, and your appeal does not involve the Office of the Inspector General (OIG), use the following Post Office address, fax or email address to file a FOIA appeal:
Department of Veterans Affairs
General Counsel (024)
810 Vermont Avenue, NW
Washington, DC 20420
Fax: (202) 273-6388
Email: ogcfoiaappeals@va.gov
If you filed a FOIA request with the Office of the Inspector General (OIG), and you want to file a FOIA appeal, use the following Post Office address, fax, or email address to file an OIG appeal:
Department of Veterans Affairs
Office of the Inspector General
Office of Counselor (50)
810 Vermont Avenue, NW
Washington, DC 20420
Fax: (202) 495-5859
Email: vaoigfoia-appeals@va.gov
- How are VA FOIA Requests Handled?
- How to determine which type of records you are requesting?
- Personal Records
- How to submit or check the status of a FOIA request?
- How to appeal a FOIA request?
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