ZAID, MARK S.; FEE WAIVER DENIAL

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0001514894
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 3
• Document Creation Date: June 23, 2015
• Document Release Date: September 29, 2010
• Case Number: F-2010-00666
• Publication Date: January 23, 2008

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Washnid on, D.C. 20505
SAN 2 3 ?~~$
Mark S. Zaid, Esquire
The James Madison Project
1250 Connecticut Avenue, NW
Suite 200
Washington, D. C. 20036
APPROVED FOR
RELEASE^ DATE:
18-Aug-2010
This is a final response to your 18 September 2007 appeal of our denial of your
request for a waiver of fees. for processing your Freedom of Information Act (FOIA)
request described below:
Copies of any and all declarations or affidavits filed by the Director
(or his designee) of the Central Intelligence Agency ("CIA") in the
following lawsuits wherein the state secrets privilege was invoked:
(1)
(2)
(3)
Heine v. Raus, 261 F. Supp. 570 (D.Md. 1966) or its
progeny: 399 F.2d 785 (4t" Cir. 1968), 305 F. Supp. 816
(D. Md. 1969), 432 F.2d 1007 (4t" Cir. Md. 1970)
Halkin v. Helms, Civil Action No. 75-1773 (D.D.C.), 690
F.2d 977 (D.C. Cir. 1982)
Foster v. United States, l2 Cl. Ct. 492 (1987)
The fee waiver provisions of the FOIA, as amended in 1986, mandate that two
criteria must be met before consideration can be given to waiving or reducing properly
assessable fees. These criteria are: (1) the disclosure of the information must be in the
public interest because it is likely to contribute significantly to public understanding of the
operations or activities of the United States Government, and (2) the disclosure of the
information is not primarily in the commercial interest of the requester
[5 U.S.C. ? 552(a)(4)(A)(iii)].
CIA promulgated regulations to implement the amended fee waiver provisions,
pursuant to 5 U.S.C. ? 552(a) (4)(A)(i), and incorporated into Agency regulations
Department of Justice recommendations regarding the utilization of six analytical factors
in making determination on fee waiver requests. These' factors were published in CIA
regulations (enclosed) at 32 C.F.R. ? 1900.13.
 Your request for a fee waiver was considered in light of the aforementioned
regulations and statutory provisions. Since the records you are requesting are a) not likely
to contribute significantly to public understanding of United States Government activities
and operations, and b) as a matter of administrative discretion, the interest of the United
States Government would not be served; your request for a fee waiver clearly fails to meet
the first criterion necessary to obtain a waiver or reduction of fees.
Accordingly, based on the information you provided, the Agency must affirm the
initial denial of your request for a fee waiver. Similarly, the Agency. hereby affirms the
initial determination to place your request in the "all other" category which means that you
will be responsible for charges that recover the cost of searching for and reproducing
responsive records (if any) beyond the first 100 pages of reproduction and the first two
hours of search time, which will be furnished free.
As noted in our previous letter, we accepted your request and thus have already
tasked the appropriate components to do a search on your topic, and we will notify you
once we receive a response.
Sincerely,
Scott Koch
Executive Secretary, Agency Release Panel