The DEA charges for processing requests under the FOIA in accordance with the Department of Justice regulations outlined in 28 CFR § 16.10. The DEA will assess charges that recover the direct cost of searching for, reviewing for release, and duplicating the records sought, subject to certain fee limitations. For purposes of assessing fees, the FOIA divides requests into the following categories:
Commercial Use Requests
Commercial use request is a request that asks for information for a use or a purpose that furthers a commercial, trade, or profit interest, which can include furthering those interests through litigation. The DEA’s decision to place a requester in the commercial use category will be made on a case-by-case basis based on the requester's intended use of the information.
Educational Institution Requests
Educational institution is any school that operates a program of scholarly research. A requester in this fee category must show that the request is made in connection with the requester's role at the educational institution. The DEA may seek assurance from the requester that the request is in furtherance of scholarly research and will advise requesters of their placement in this category.
The DEA shall provide records to requesters in this category for the cost of reproduction alone, excluding charges for the first 100 pages.
Noncommercial Scientific Institution Requests
Noncommerical scientific institution is an institution that is not operated on a “commercial” basis, as defined under the commercial use request section above, and is operated solely for the purpose of conducting scientific research the results of which are not intended to promote any particular product or industry. A requester in this category must show that the request is authorized by and is made under the auspices of a qualifying institution and that the records are sought to further scientific research and are not for a commercial use.
The DEA shall provide records to requesters in this category for the cost of reproduction alone, excluding charges for the first 100 pages.
Representative of the News Media Requests
Representative of the news media is any person or entity that actively gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. The term “news” means information that is about current events or that would be of current interest to the public. Examples of news media entities include television or radio stations that broadcast “news” to the public at large and publishers of periodicals that disseminate “news” and make their products available through a variety of means to the general public, including news organizations that disseminate solely on the Internet. A request for records supporting the news-dissemination function of the requester shall not be considered to be for a commercial use. “Freelance” journalists who demonstrate a solid basis for expecting publication through a news media entity shall be considered as a representative of the news media. A publishing contract would provide the clearest evidence that publication is expected; however, components shall also consider a requester's past publication record in making this determination.
The DEA shall provide records to requesters in this category for the cost of reproduction alone, excluding charges for the first 100 pages.
All Others Requests
All other requests are requests from persons not falling within any of the above categories. The DEA will assess charges that recover the full direct costs of searching for and duplicating the record sought, excluding charges for the first two hours of search and for the first 100 pages.