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. For requests for information not addressed within the current schedule of standard administrative, refer to 20 CFR § 401.95. Refer any situations where there is doubt about whether to charge to Field Operations. Field Operations will further consult with Privacy and Disclosure Policy (PDP) with questions concerning authority to disclose the requested SSA records.

The Freedom of Information Act (FOIA) fee schedule (see GN 03311.005C.2.) applies to all requests for records 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 FOIA.

See the agency's regulations at 20 CFR § 402.70 through 402.80.

For FOIA requests, consider any assertion of program purpose in the request and follow-up for additional information if the request has information supporting that it could meet the criteria for program purpose. Due to the nature of FOIA being a public information law, FOIA requests do not require development unless there is an indication the request may be for a program purpose.

PDP considers on a case-by-case basis all fee charging determinations in response to FOIA requests.

As stated in GN 03311.005B.3.a., SSA may 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 purposes unrelated to programs administered by SSA under the Social Security Act;

2. b. 

   To provide information needed for use in civil litigation (e.g., asbestosis claims, discrimination suits) where SSA is not a party or where claims do not involve those brought under programs administered by SSA under the Social Security Act;

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;

6. f. 

   A request for records for third-party research where SSA has not entered into an agreement or similar arrangement with the third party for the research to be conducted based on SSA need or interest; or

7. g. 

   A request for records from a member of the public for the purpose of third-party public dissemination (e.g., news reporting) or personal interest purposes.

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

The standard administrative fees for non-program information generally cover the following:

• •

  Copying an electronic folder.

• •

  Copying a paper folder.

• •

  Record extract.

• •

  W-2/W-3 requests.

• •

  Requests for a copy of an original Form SS-5.

• •

  Earnings requests.

  NOTE: 

  The agency evaluates all standard fees at least every two years to ensure we capture the full costs associated with providing information for non-program-related purposes. If the agency revises any of the standard fees, the agency will publish another notice in the Federal Register.

See GN 03311.005C.2. for FOIA fee charging authorities. When PDP processes FOIA requests, PDP charges an hourly rate as captured in our regulations at 20 CFR § 402.70. The hourly rate is the same when charging under the FOIA fee provisions or section 1106(c) of the Social Security Act.

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. See GN 03305.035.

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.

Only the FOI Officer (see 20 CFR § 402.50) may waive or reduce a fee where a timely request for waiver has been received and they determine that furnishing the information meets the criteria for public interest waiver in 20 CFR § 402.85. Offices involved in FOIA request processing should forward all waiver or reduction requests to the FOI Officer via PDP.

The agency must determine that the disclosure is both (1) in public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and (2) the request is not primarily in the commercial interest of the requester.

We consider the following factors when analyzing whether disclosure is in the public interest:

1. a. 

   How the records pertain to the Federal Government's operations or activities;

2. b. 

   Whether disclosure would reveal any meaningful information about Government operations or activities not already known to the public; and

3. c. 

   Whether the contribution to public understanding of those operations or activities would be significant.

Requesters must be reasonably specific in their waiver request as to the specific Government operation or activity and provide direct, clear (not remote or attenuated) connections to the meaningful information they seek. Generalized interest in government programs is not reasonably specific to grant a waiver.

If the disclosure is determined to be in the public interest, PDP will then determine whether it also furthers the requester's commercial interest and, if so, whether this effect outwighs the advancement of that public interest. PDP considers the following factors when analyzing whether disclosure is not primarily in the requester's commercial interest:

1. a. 

   Would the disclosure further a commercial interest of the requester, or of someone on whose behalf the requester is acting?

2. b. 

   If disclosure would further a commercial interest of the requester, would that effect outweigh the advancement of the public interest? Which effect is primary?