FOIA fee payment procedures

The Department will not assess or collect FOIA fees below $25.00. This means that if the total assessable costs, after deducting any free pages and any allowable search time, is less than $25.00, you will not be charged a fee per 70.43(a) and 70.42(a).

• The threshold is applied after deductions for free pages and allowable search time are made.
• If the assessed costs equal $25.00 or more, the Department will assess fees.

FOIA fees must be paid by check or money order made payable to the Treasury of the United States and sent to the component that is processing the request. This payment method requirement is stated in 70.43(b).

• Do not send cash or other unapproved payment forms unless the component explicitly tells you otherwise.
• Make sure the payment is addressed to the specific component handling your request so it is properly credited.

A component will require an advance payment when it estimates that the total fee to be charged will be more than $250.00. In that case the requester may be asked to pay up to the full anticipated fee before processing begins, according to 70.43(c)(1).

• The component performs a preliminary assessment of anticipated search, review, and copying costs before deciding whether to require advance payment.
• The component may accept an advance payment amount less than the total anticipated fee if it chooses, but it may require up to the entire estimated amount.

Yes — a component may waive the advance payment requirement if you provide satisfactory assurance of full payment and you have a history of prompt payment of a similar amount. This waiver option is described in 70.43(c)(1).

• "Satisfactory assurance" means the component is reasonably confident you will pay for the work performed.
• If you expect a waiver, state your payment history and be prepared to provide documentation if requested.

If you previously failed to pay a properly charged FOIA fee to any Department of Labor component within 30 days of billing, the component will require you to pay the full outstanding amount plus any applicable interest and will require advance payment of the full amount of any anticipated fee before processing a new request or continuing a pending request. This is specified in 70.43(c)(2) and interest is applied as provided in 70.40(f).

• Expect to clear past-due balances and any accrued interest before further processing will continue.

Yes — for work already completed with your consent, a component may require payment for that work before it releases any records to you. This rule is in 70.43(c)(3).

• This payment is not considered an advance payment; it is payment for completed work.
• If you consented to processing without immediate payment, the component can still hold the records until you pay for the completed work.

When a component requests an advance payment in accordance with 70.43(c), the statutory time limits for responding do not begin until the component has received the advance payment. This time-limit rule is stated in 70.43(d) and relates to the time limits in 70.25.

• If you delay payment, the agency's response period is paused until payment is received.

The $25.00 threshold is applied after subtracting any free pages and any allowable free search time from the total assessable costs — if the remaining costs are $25.00 or more, fees will be assessed. This calculation method is described in 70.43(a) and cross-referenced to 70.42(a).

• Free pages and free search time are deducted first; only the net assessable cost is compared to the $25.00 de minimis threshold.

The component of the Department that will process the request performs the preliminary assessment of anticipated fees for search, review, and copying. This responsibility is described in 70.43(c)(1).

• The component estimates whether the total fee will exceed $250.00 and whether an advance payment is required.

No — fees must be sent to the component that is processing the request; the rule in 70.43(b) specifies that payment is to be sent to the component handling the request.

• If you are unsure which component is processing your request, contact that component to confirm the correct mailing address so your payment is properly credited.

Yes — a component will require payment of any applicable interest on past-due FOIA fees, and that interest is addressed in 70.40(f) as referenced in 70.43(c)(2).

• Check 70.40(f) for the method and rate of interest applied to overdue amounts.

Generally no — for requests not covered by paragraphs (c)(1) or (c)(2), the component will not require an advance payment before beginning to process the request, as stated in 70.43(c)(3). However, the component may require payment for work already completed with your consent before releasing records.

• If your request is estimated under $250 and you have no past-due fees, you should not be asked for an advance payment to start processing.

When estimating total fees, components consider charges for search and review time and copying costs; those are the categories used in the preliminary assessment referenced in 70.43(c)(1) and in the de minimis discussion in 70.43(a).

• Free pages and allowable free search time are deducted before comparing to the $25.00 threshold.
• The estimate can trigger advance-payment requirements if it exceeds $250.00.

The FOIA statutory response clock starts only after the component has received the requested advance payment; this extension is stated in 70.43(d) and the time limits are those found in 70.25.

• If you delay sending the advance payment, you should expect the agency's response time to be correspondingly delayed.

Yes — if you have previously failed to pay properly charged FOIA fees within 30 days, a component may require payment of the full past-due amount plus interest and may require advance payment of anticipated fees before it begins or continues to process your pending request, as provided in 70.43(c)(2) and 70.40(f).

• Clearing outstanding balances is a precondition to further processing in these circumstances.

Yes — a component may require payment for work already completed pursuant to your consent before it releases records, according to 70.43(c)(3).

• This situation arises when you have agreed to let the agency process records without immediate payment but later must pay for the completed work before receiving the records.

Yes — the Department will assess fees where the costs to be assessed, after deduction of any free pages and/or search time, is $25.00 or higher, as stated in 70.43(a).

• Exactly $25.00 meets the threshold for fee assessment.

If you cannot afford an advance payment requested under 70.43(c)(1), you should contact the component processing your request to discuss payment options, potential fee waivers, or narrowing the scope of your request; the component performed the preliminary assessment and can advise on alternatives. Also review applicable fee waiver policies in the broader FOIA regulations.

• Be proactive: ask the component whether a partial payment, installment plan, scope reduction, or fee waiver is available in your situation.