[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR701.40]

[Page 72]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 701_AVAILABILITY OF DEPARTMENT OF THE NAVY RECORDS AND PUBLICATION 
OF DEPARTMENT OF THE NAVY DOCUMENTS AFFECTING THE PUBLIC--Table of Contents
 
                           Subpart C_FOIA Fees
 
Sec. 701.40  Background.


    (a) The DON follows the uniform fee schedule developed by DoD and 
established to conform with the Office of Management and Budget's 
(OMB's) Uniform Freedom of Information Act Fee Schedule and Guidelines.
    (b) Fees reflect direct costs for search; review (in the case of 
commercial requesters); and duplication of documents, collection of 
which is permitted by the FOIA. They are neither intended to imply that 
fees must be charged in connection with providing information to the 
public in the routine course of business, nor are they meant as a 
substitute for any other schedule of fees, which does not supersede the 
collection of fees under the FOIA.
    (c) FOIA fees do not supersede fees chargeable under a statute 
specifically providing for setting the level of fees for particular 
types of records. For example, 5 U.S.C. 552 (a)(4)(A)(vi) enables a 
Government agency such as the Government Printing Office (GPO) or the 
National Technical Information Service (NTIS), to set and collect fees. 
DON activities should ensure that when documents that would be 
responsive to a request are maintained for distribution by agencies 
operating statutory-based fee schedule programs, such as GPO or NTIS, 
they inform requesters of the steps necessary to obtain records from 
those sources.