[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2604.501]

[Page 461-462]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2604_FREEDOM OF INFORMATION ACT RULES AND SCHEDULE OF FEES FOR THE 
 
                       Subpart E_Schedule of Fees
 
Sec.  2604.501  Fees to be charged--general.


    (a) Policy. Fees shall be assessed according to the schedule 
contained in paragraph (b) of this section and the category of 
requesters described in Sec.  2604.502 for services rendered in 
responding to and processing requests for records under subpart C of 
this part. All fees shall be charged to the requester, except where the 
charging of fees is limited under Sec.  2604.503(a) and (b) or where a 
waiver or reduction of fees is granted under Sec.  2604.503(c). 
Requesters shall pay fees by check or money order made payable to the 
Treasury of the United States.

[[Page 462]]

    (b) Types of charges. The types of charges that may be assessed in 
connection with the production of records in response to a FOIA request 
are as follows:
    (1) Searches--(i) Manual searches for records. Whenever feasible, 
the Office will charge at the salary rate (i.e., basic pay plus 16%) of 
the employee making the search. However, where a homogeneous class of 
personnel is used exclusively in a search (e.g., all clerical time or 
all professional time) the Office will charge $11.00 per hour for 
clerical time and $22.00 per hour for professional time. Charges for 
search time will be billed by fifteen minute segments.
    (ii) Computer searches for records. Requesters will be charged the 
actual direct cost of conducting a search using existing programming. 
These direct costs shall include the cost of operating a central 
processing unit for that portion of operating time that is directly 
attributable to searching for records responsive to a request, as well 
as the cost of operator/programmer salary apportionable to the search. 
The Office will not alter or develop programming to conduct a search.
    (iii) Unproductive searches. The Office will charge search fees even 
if no records are found which are responsive to the request, or if the 
records found are exempt from disclosure.
    (2) Duplication. The standard copying charge for documents in paper 
copy is $.15 per page. When responsive information is provided in a 
format other than paper copy, such as in the form of computer tapes and 
discs, the requester may be charged the direct costs of the tape, disc, 
or whatever medium is used to produce the information, as well as any 
related reproduction costs.
    (3) Review. Costs associated with the review of documents, as 
defined in Sec.  2604.103, will be charged at the salary rate (i.e., 
basic pay plus 16%) of the employee conducting the review. Except as 
noted below, charges may be assessed only for review at the initial 
level, i.e., the review undertaken the first time the documents are 
analyzed to determine the applicability of specific exemptions to a 
particular record or portion of the records. A requester will not be 
charged for review at the administrative appeal level concerning the 
applicability of an exemption already applied at the initial level. 
However, when a record has been withheld pursuant to an exemption which 
is subsequently determined not to apply and the record is reviewed again 
at the appeal level to determine the potential applicability of other 
exemptions, the costs of such additional review may be assessed.
    (4) Other services and materials. Where the Office elects, as a 
matter of administrative discretion, to comply with a request for a 
special service or materials, such as certifying that records are true 
copies or sending records by special methods, the actual direct costs of 
providing the service or materials will be charged.

[60 FR 10007, Feb. 23, 1995, as amended at 64 FR 28091, May 25, 1999]