The Privacy Act and section 1106 of the Social Security Act permit the Social Security Administration (SSA) to charge a fee for providing a copy of an individual's record (as defined in GN 03301.002B.) at the individual's request.

SSA will give the individual one free copy of their own record where the individual requests the record for a program purpose (see GN 03311.005B.3.). (Where voluminous records are involved, SSA may negotiate with the individual or their authorized or designated representative as to exactly what records are needed.) The one-free-copy provision applies only when SSA gives the record to the individual themselves, to the parent or guardian acting on behalf of a minor (see GN 03301.002B.), the legal guardian acting on behalf of an incompetent individual, or to an authorized or designated representative (see GN 03301.002B.).

If the individual, their authorized representative, etc., (see GN 03311.005B.1.) requests two or more copies at the same time for themselves (over any period of time), please refer to the Federal Register: Charging Standard Administrative Fees for Non-Program Information for policy on current fees. Refer any situations where there is doubt about whether to charge to the appropriate Freedom of Information Act (FOIA)/Privacy Act (PA) coordinator.

The FOIA fee schedule found in the HHS Public Information Regulation (see GN 03311.005C.2.a. through GN 03311.005C.2.i.) applies to all requests for records (as defined in GN 03301.002B.) except when an individual, their parent acting on the individual's behalf, their legal guardian, or their authorized or designated representative requests a copy of their own records (see GN 03301.002B. and GN 03311.005B.), when filling the request benefits the general public (see GN 03311.005G.4.), or when the request is not for program purposes and full costs may be charged (See GN 03311.005E.). The definition of program purposes as given in GN 03311.005B.3. also applies to requests received under the Freedom of Information Act (FOIA).

The FOIA fee schedule applies when an individual asks SSA to send a copy of their own record to a third party who is not a parent acting for a minor, legal guardian, authorized representative or designated representative. It does not apply when an individual asks SSA to send a copy of their own record to an authorized or designated representative since these requests would fall under Privacy Act provisions as discussed in GN 03311.005B. The FOIA fee schedule also applies when the FOIA request is for a “program purpose”. (See GN 03311.005B.3. for the definition of “program purpose” and necessary development.)

1. a. 

   Manual searching for records - $10 an hour. Drop increments of less than 15 minutes of chargeable time. Fractional rates will be charged in 15 minute increments (i.e., $2.50 for 15 minutes, $5.00 for half an hour, etc.);

2. b. 

   Photocopying standard size pages - 10 cents per page;

3. c. 

   Photocopying odd-size pages, such as punch cards or blueprints, or reproducing other records, such as magnetic tapes - actual cost of the operator's time up to $10 an hour, plus the cost of the machine time and materials used;

4. d. 

   Use of electronic data processing equipment to obtain records - actual cost for the service, including computer search time, runs, printouts, and time of computer programmers and operators, or other employees. For example, charge for writing a computer program or performing a special computer run;

5. e. 

   Certifying that records are true copies - $10 per certification;

6. f. 

   Postage - To help you assess fees for FOIA services, we have identified the following postage charges at the current postal rates:

   • •

     Return Receipt Requested - 70 cents plus postage

   • •

     Postage - 22 cents per ounce

   • •

     Seven (7) pages - 1 ounce

   • •

     One hundred (100) pages - 16 ounces

   • •

     One 9 1/2 12 1/2 brown franked envelope plus 3 pages - 1 ounce

   • •

     One #5 Jiffy bag - 4 ounces

   • •

     One #7 Jiffy bag - 5 ounces

     NOTE: 

     Future changes in postal rates will, or course, affect these figures.

7. g. 

   Sending records by special methods per requester's instruction, such as Express Mail - actual cost of the special services;

8. h. 

   Performing other special services mutually agreed on between SSA and the requester - actual cost to SSA of the time of the SSA employee who performs the service, plus the cost of any machine time and materials that the employee uses. These services are usually provided under a reimbursable agreement.

9. i. 

   If charging the amounts given in the fee schedule would frequently result in higher costs to SSA, submit details of the situation involved to the FOI Officer for a special determination. For example, if a court will only pay $5.00 for a certification, and the alternate method of providing the information (i.e., court appearance of SSA employee), is of greater cost to SSA, the FOI Officer can make a special ruling to accept the lower charge.

1. a. 

   We will not charge for processing a request when the cost of collecting the fee would exceed the amount of the fee. Do not charge for amounts less than $7.50 (which represents the minimum processing cost to SSA), unless fees are to be aggregated under GN 03311.005I.2. Inform the requester that though there will not be a charge made for this specific request, aggregation of fees may add the charge for the request to future ones.

   The fee schedule in GN 03311.005C.2. will be used unless the amount of the fee is less than $7.50, the fee is waived or reduced (see GN 03311.005G.) or another fee schedule applies (e.g., proposed schedule for detailed earnings for nonprogram purposes).

2. b. 

   Failure to locate a record - A charge will be made for search time even if we fail to locate the record, if the requester asks that the search be continued after being informed that the search is likely to be unproductive. A charge for search time will also be made if the records that are located are exempt from disclosure. The charges will be subject to the $7.50 minimum mentioned above and to waiver or reduction (see GN 03311.005G.).

3. c. 

   SSA will charge full costs for work done under reimbursable agreements. The estimated cost will be collected in advance of any work being performed.

When sufficient quantities of printed material exist to meet internal needs, extra copies may be sold to the public at a cost of 1 cent per page. However, the cost of any publications from the Government Printing Office (GPO) is determined by the Superintendent of Documents. Publications for sale by GPO are listed in the Social Security Rulings Preface. Refer requests for these publications to GPO for purchase of documents sold by them.

Preprinted POMS materials are sold only by part (i.e., parts 1, 2, 3, etc.) at the cost of 1 cent per page. If a requester wants only specific chapters or sections and does not wish to purchase a complete part, they should use the photocopy procedures. No charge will be made for services and/or materials under the FOIA when the total amount of fees does not exceed $7.50. (See subsection GN 03311.005C.3.

As stated in GN 03311.005B.3.a., SSA may now charge the full cost of supplying information where the information requested is needed to comply with ERISA or for any other purpose which is not directly related to the administration of any program under the Social Security Act. Therefore, charge full cost for any information supplied to an individual where the definition of “program purpose” given in GN 03311.005B.3. does not apply. Full cost will be charged in all cases including where the request is for information about an individual from the individual himself or herself.

The charges made will include any direct and/or indirect cost to SSA (including costs of duplication) for providing the information and any other related services under section 1106(c) of the Act.

A non-program purpose is any purpose not meeting the definition of “program purpose” given in GN 03311.005B.3. Some examples of requests for non-program purposes are as follows:

1. a. 

   To establish earnings amount and/or verify the existence and durations of employment relationships for private pension purposes;

2. b. 

   To provide information needed for use in civil litigation, (e.g., asbestosis claims, discrimination suits), not related to Social Security programs;

3. c. 

   To establish entitlement to union, company, or private pension benefits;

4. d. 

   To provide income information for workmen's compensation;

5. e. 

   To establish union seniority, or

6. f. 

   To provide information for various other purposes which are not specifically related to the administration of the program or programs under the Social Security Act.

The Division of Cost Analysis (DCA) in the Office of Budget, Finance and Management (OBFM) is the component responsible for distributing costs to all Agency workloads, functions, business processes and programs, including fiscal year (FY) administrative overhead rates. Field Offices (FOs) are reminded to include the current FY administrative overhead rate when calculating fees for processing non-program related requests. The current FY administrative overhead rates may be accessed using guidance published in the Federal Register: Charging Standard Administrative Fees for Non-Program Information.

All procedures and policies are described in GN 03311.005C.3. and GN 03311.005C.4. and in GN 03311.005F. will apply to charges made under the full cost provisions.

1. a. 

   Summary Statement of Earnings is a response to form SSA-7004 requests and provides complete totals of earnings for the appropriate years.

2. b. 

   Yearly Totals - The annual totals of earnings for specified years requested.

3. c. 

   Detailed Earnings - An itemized listing by employer, for the years requested, of quarterly earnings before 1978 and annual earnings for 1978 and later.

1. a. 

   Do not charge to furnish information in response to any request for a Summary Statement of Earnings or Yearly Totals regardless of the purpose for which the information is needed. This policy applies to any requester except for commercial ventures covered by reimbursable agreements.

2. b. 

   Requests for detailed earnings will be evaluated under the appropriate provisions of GN 03311.005B. through GN 03311.005E. Fees for these requests are included on Form SSA-7050, Request for Social Security Earnings Information.