(a) General. There are three types of charges assessed in
connection with the production of records in response to a request,
charges for costs associated with:
(1) Searching for or locating responsive records (search costs),
(2) Reproducing such records (reproduction costs), and
(3) Reviewing records to determine whether any materials are exempt
(review costs).
(b)(1) There are four types of requesters:
(i) Commercial use requesters,
(ii) Educational and non-commercial scientific institutions,
(iii) Representatives of the news media, and
(iv) All other requesters.
(2) Depending upon the type of requester, as set forth in paragraph
(b)(1) of this section, the charges outlined in paragraph (c) of this
section may be assessed.
(c) Types of charges that will be assessed for each type of
request. (1) Commercial use request. When a requester makes a
commercial use request, search costs, reproduction costs and review
costs will be assessed in their entirety.
(2) Educational or non-commercial scientific institution request.
When an educational or non-commercial scientific institution makes a
request, only reproduction costs will be assessed, excluding charges
for the first 100 pages.
(3) Request by representative of news media. When a representative
of the news media makes a request, only reproduction costs will be
assessed, excluding charges for the first 100 pages.
(4) All other requests. Requesters making a request which does not
fall within paragraphs (c)(1), (2), or (3) of this section will be
charged search costs and reproduction costs, except that the first 100
pages of reproduction and the first two hours of search time will be
furnished without charge. Where computer searches are involved, the
monetary equivalent of two hours of search time by a professional
employee will be deducted from the total cost of computer processing
time.
(d) Charges for each type of activity. (1) Search costs. (i) When a
search for records is performed by a clerical employee, a rate of $5.00
per quarter hour will be applicable. When a search is performed by
professional or supervisory personnel, a rate of $10.00 per quarter
hour will be applicable. Components will charge for time spent
searching even if they do not locate any responsive records or they
withhold the records located as exempt from disclosure.
(ii) For computer searches of records, requesters will be charged
the direct costs of conducting the search, except as provided in
paragraph (c)(4) of this section.
(iii) If the search for requested records requires transportation
of the searcher to the location of the records or transportation of the
records to the searcher, all transportation costs in excess of $5.00
may be added to the search cost.
(2) Reproduction costs. The standard copying charge for records in
black and white paper copy is $0.15 per page. This charge includes the
operator's time to duplicate the record. When responsive information is
provided in a format other than 8\1/2\ x 11 or 11 x 14 inch black and
white paper copy, such as computer tapes, disks and color copies, the
requester may be charged the direct costs of the tape, disk, audio-
visual or whatever medium is used to produce the information, as well
as the direct cost of reproduction, including operator time. The
disclosure officer may request that if a medium is requested other than
paper, the medium will be provided by the requester.
(3) Review costs. Costs associated with the review of records, as
defined in ``70.38(e), will be charged for work performed by a clerical
employee at a rate of $5.00 per quarter hour when applicable. When
professional or supervisory personnel perform work, a rate of $10.00
per quarter hour will be charged, when applicable. Except as noted in
this paragraph, charges may only be assessed for review the first time
the records are analyzed to determine the applicability of specific
exemptions to the particular record or portion of the record. Thus a
requester would not be charged for review at the administrative appeal
level with regard to the applicability of an exemption already applied
at the initial level. When, however, a record has been withheld
pursuant to an exemption which is subsequently determined not to apply
and is reviewed again at the appellate level to determine the potential
applicability of other exemptions, the costs attendant to such
additional review will be assessed.
(4) Mailing cost. Where requests for copies are sent by mail, no
postage charge will be made for transmitting by regular mail a single
copy of the requested record to the requester, or for mailing
additional copies where the total postage cost does not exceed $5.00.
However, where the volume of paper copy or method of transmittal
requested is such that transmittal charges to the Department are in
excess of $5.00, the transmittal costs will be added.
(e) Aggregating requests for purposes of assessing costs. (1) Where
a disclosure officer reasonably believes that a requester or a group of
requesters acting together is attempting to divide a request into a
series of requests for the purpose of avoiding fees, the disclosure
officer may aggregate those requests and charge accordingly.
(2) Disclosure officers may presume that multiple requests of this
type made within a 30-day period have been submitted in order to avoid
fees. Where requests are separated by a longer period, disclosure
officers will aggregate them only where a solid basis exists for
determining that aggregation is warranted under all of the
circumstances involved. Multiple requests involving unrelated matters
will not be aggregated.
(f) Interest charges. Disclosure officers will assess interest on
an unpaid bill starting on the 31st day following the date of billing
the requester. Interest charges will be assessed at the rate provided
in 31 U.S.C. 3717 and will accrue from the date of the billing until
payment is received by the component. Components will follow the
provisions of the Debt Collection Act of 1982, (Pub. L. 97-365, 96
Stat. 1749), as amended, and its administrative procedures, including
the use of consumer reporting agencies, collection agencies, and
offset.
(g) Authentication of copies. (1) Fees. The FOIA does not require
certification or attestation under seal of copies of records provided
in accordance with its provisions. Pursuant to provisions of the
general user-charger statute, 31 U.S.C. 9701 and Subchapter II of title
29 U.S.C., the following charges will be made when, upon request, such
services are nevertheless rendered by the agency in its discretion:
(i) For certification of true copies, $10.00 each certification.
(ii) For attestation under the seal of the Department, $10.00 each
attestation under seal.
(2) Authority and form for attestation under seal. Authority is
hereby given to any officer or officers of the Department of Labor
designated as authentication officer or officers of the Department to
sign and issue attestations under the seal of the Department of Labor.
(h) Transcripts. Fees for transcripts of an agency proceeding will
be assessed in accordance with the provisions of this Subpart.
(i) Privacy Act requesters. A request from an individual or on
behalf of an individual for a record maintained by that individual's
name or other unique identifier which is contained within a component's
system of records will be treated under the fee provisions at 29 CFR
71.6.
