TITLE 32 - NATIONAL DEFENSE

SUBTITLE A - DEPARTMENT OF DEFENSE

CHAPTER V - DEPARTMENT OF THE ARMY

SUBCHAPTER A - AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS

PART 518 - THE ARMY FREEDOM OF INFORMATION ACT PROGRAM

subpart f - FEE SCHEDULE

518.96 - Fees for technical data.

  (a) Technical data, other than technical data that discloses critical technology with military or space application, if required to be released under the FOIA, shall be released after the person requesting such technical data pays all reasonable costs attributed to search, duplication and review of the records to be released. Technical data, as used in this Section, means recorded information, regardless of the form or method of the recording of a scientific or technical nature (including computer software documentation). This term does not include computer software, or data incidental to contract administration, such as financial and/or management information. DoD Components shall retain the amounts received by such a release, and it shall be merged with and available for the same purpose and the same time period as the appropriation from which the costs were incurred in complying with request. All reasonable costs as used in this sense are the full costs to the Federal Government of rendering the service, or fair market value of the service, whichever is higher. Fair market value shall be determined in accordance with commercial rates in the local geographical area. In the absence of a known market value, charges shall be based on recovery of full costs to the Federal Government. The full cost shall include all direct and indirect costs to conduct the search and to duplicate the records responsive to the request. This cost is to be differentiated from the direct costs allowable under the Collection of Fees and Fee Rates portion of this subpart for other types of information released under the FOIA. DD Form 20861 (Record of Freedom of Information (FOI) Processing Cost for Technical Data) will be used to annotate fees for technical data. The form is available through normal publications channels.

  (b) Waiver. Components shall waive the payment of costs required in 518.96(a), which are greater than the costs that would be required for release of this same information under the Collection of Fees and Fee Rates portion of this subpart if: (1) The request is made by a citizen of the United States or a United States corporation, and such citizen or corporation certifies that the technical data requested is required to enable it to submit an offer, or determine whether it is capable of submitting an offer to provide the product to which the technical data relates to the United States or a contractor with the United States. However, Components may require the citizen or corporation to pay a deposit in an amount equal to not more than the cost of complying with the request, which will be refunded upon submission of an offer by the citizen or corporation; (2) The release of technical data is requested in order to comply with the terms of an international agreement; or, (3) The Component determines in accordance with 518.80(a), that such a waiver is in the interest of the United States.

  (c) Fee Rates.

  (1) Search time. (i) Manual Search.

------------------------------------------------------------------------ Hourly Type Grade rate ($) ------------------------------------------------------------------------ Clerical............................. E9/GS8 and below....... 13.25 (Minimum Charge)..................... ....................... 8.30 ------------------------------------------------------------------------ Professional and Executive (To be established at actual hourly rate prior to search. A minimum charge will be established at 1/2 hourly rates.) (ii) Computer search is based on the total cost of the central processing unit, input-output devices, and memory capacity of the actual computer configuration. The wage (based upon the scale in 518.96(c)(1)(i), for the computer operator and/or programmer determining how to conduct, and subsequently executing the search will be recorded as part of the computer search.

  (2) Duplication.

------------------------------------------------------------------------ Type Cost ------------------------------------------------------------------------ Aerial photographs, specifications, permits, charts, $2.50 blueprints, and other technical documents.....................

Engineering data (microfilm): Aperture cards: Silver duplicate negative, per card........................ .75 When key punched and verified, per card.................... .85 Diazo duplicate negative, per card......................... .65 When key punched and verified, per card.................... .75 35mm roll film, per frame.................................. .50 16mm roll film, per frame.................................. .45 Paper daprints (engineering drawings), each................ 1.50 Paper reprints of microfilm indices, each.................. .10 ------------------------------------------------------------------------ (3) Review time.

------------------------------------------------------------------------ Hourly Type Grade rate ($) ------------------------------------------------------------------------ Clerical............................. E9/GS8 and below....... 13.25 (Minimum Charge)..................... ....................... 8.30 ------------------------------------------------------------------------ Professional and Executive (To be established at actual hourly rate prior to review. A minimum charge will be established at 1/21 hourly rates.) (d) Other technical data records. Charges for additional services not specifically provided in 518.96(c), consistent with DoD Instruction 7230.7 (reference (r)), shall be made by Components at the following rates: 1. Minimum charge $3.50 for office copy (up to six images) 2. Each additional .10 image 3. Each typewritten 3.50 page 4. Certification 5.20 and validation with seal, each 5. Hand-drawn plots 12.00 and sketches, each hour or fraction thereof