FOIA Fee Assessments
For purposes of fee assessment only, the FOIA divides requesters into three categories.
Fee Categories:
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The first category includes commercial-use requesters, who may be charged fees for searching for records, processing the records (i.e., reviewing them to determine the application of FOIA exemptions), and duplicating them to respond to a request.
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The second category includes educational or noncommercial scientific institutions and representatives of the news media, who are charged only for duplication fees, and who are provided the first one hundred requested pages free of charge.
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The third category includes all other requesters, who are charged only for record searches and duplication. For non-commercial-use requesters there is no charge for the first two hours of search time or for the first 100 pages of duplication or their cost equivalent.
DOJ currently charges five cents per page for duplication. It charges an hourly search fee that roughly approximates the salary and experience level of the personnel conducting the search, which is currently $40.00 per hour. Review fees, when applicable, are also charged at an hourly rate that roughly approximates the salary and experience level of the personnel reviewing the records in question, which is also currently $40.00 per hour. In all cases, if the total fee does not exceed a minimum amount, currently $25.00, the USMS will not charge any fee at all. Please note that even if no records are located, the requester may nonetheless be responsible for paying all fees associated with the search process.
You may always include in your FOIA request a statement limiting the amount that you are willing to pay in fees, should fees apply. If a component estimates that the total fees for processing your request will exceed $25, it will notify you in writing of the estimate and offer you an opportunity to narrow your request in order to reduce the fees. If you continue to seek all of the records involved, you will be asked to express your commitment to pay the estimated fees and the processing of your request will be suspended until you agree to do so. USMS reserves the right to request prepayment of fees, in certain circumstances. You may also request a waiver of fees.
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Previous Balances Owed in Connection to Prior Requests:
Any past due balances owed and unpaid from previous requests must be resolved before any further action can be taken on any current or future requests.
For additional information pertaining to FOIA fees please see DOJ FOIA regulations at 28 C.F.R. § 16.10.
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Questions
If you have any questions or concerns regarding the processing of a FOIA request, please contact the USMS Office of the General Counsel, FOIA Unit at 703-740-3943. You may ask to speak with the FOIA Liaison. Please leave a detailed message, include your email address, phone number, state your full name, if you are affiliated with any business or government entity, the FOIA case number (if appropriate), and the reason for your call. Thank you, and have a great day.