ML25175A276
| ML25175A276 | |
| Person / Time | |
|---|---|
| Issue date: | 06/27/2025 |
| From: | Scott Flanders NRC/OCIO |
| To: | Carroll C NRC/OCFO |
| References | |
| OEDO-25-00305 | |
| Download: ML25175A276 (3) | |
Text
June 27, 2025 MEMORANDUM TO:
Christopher D. Carroll, Chief Financial Officer (Acting)
Office of the Chief Financial Officer FROM:
Scott C. Flanders Chief Information Officer Office of the Chief Information Officer
SUBJECT:
BIENNIAL REVIEW OF FEES FOR FREEDOM OF INFORMATION ACT Under the Freedom of Information Reform Act of 1986, agencies may establish fees for the search, review, and duplication of records to respond to Freedom of Information Act (FOIA) and Privacy Act requests. Individuals making requests under the Privacy Act are charged fees only for duplication. FOIA requesters are charged fees based on the category to which they belong:
commercial; educational; noncommercial scientific; news media; and nonexcepted. Commercial requesters are charged fees for both search and review time and duplication. News media, educational and noncommercial scientific institutions may be charged fees only for duplication.
Nonexcepted requesters, which are all other FOIA requesters, who do not fall into any of the foregoing categories may be charged fees for search and duplication.
In accordance with guidance from the Office of Management and Budget (OMB), the U.S.
Nuclear Regulatory Commission (NRC) has established fees for duplication, search, and review time. The agency published its most recent rule establishing the fees for the search and review of agency records by NRC personnel in the Federal Register on December 19, 2018 (83 FR 65077), and the rule became effective on March 4, 2019. Duplication fees will remain at
$0.20 per page. Fees for search and review time were established at the following three levels:
(1) Senior Executive/Commissioner:
ES-Maximum with a Certified Performance Appraisal System, plus 16 percent fringe benefits (2) Professional/Managerial:
GG-14, Step 7, plus 16 percent fringe benefits (3) Clerical:
GG-9, Step 7, plus 16 percent fringe benefits Because NRC regulations establish FOIA fee charges by grade and step levels rather than by specific dollar amounts, the NRC adjusts fees each year based on the across-the-board annual pay increase for those grades (when applicable) without publishing a new Federal Register notice to change the rates. This enables the agency to keep pace with increased costs automatically by adjusting its fee charges in accordance with annual cost of living increases for the current pay rates.
CONTACT: Alecia S. Sillah, OCIO/DIME/FLICB 301-415-2746 Signed by Flanders, Scott on 06/27/25
C. Carroll 2
To conduct the current biennial review, the FOIA Team consulted with the Office of the Chief Human Capital Officer (OCHCO) to determine the current average grade of NRC employees in each of the three fee levels for search and review time.
The chart below compares fee rates at the grades and steps published in the existing rule versus the current average grades and steps provided by OCHCO. There is no difference between the published pay levels (grade/step) and the current actual average pay levels of the staff. While the pay levels remain the same, the rates per hour have increased. Therefore, the Office of the Chief Information Officer (OCIO) recommends changing the rates per hour for search and review time accordingly.
In addition, the NRC will continue to keep the rate for invoicing and collecting a FOIA fee at
$25.00, in accordance with the most recent rule for establishing the fees for FOIA records or information in the Federal Register on June 14, 2005 (70 FR 34308).
Grade/Step Used as Fee Basis Rate per Hour Plus 16%
Fringe Benefits Average Grade/Step Rate per Hour Plus 16%
Fringe Benefits Senior Executive/Commissioner ES-Maximum 105.56 ES-Maximum 125.45 19.89 Professional/Manager GG-14-7 88.29 GG-14-7 95.04 6.75 Clerical GG-9/7 43.33 GG-9/7 46.63 3.30 Published Rates Actual Rates Fee Rate Category Increase
C. Carroll 3
SUBJECT:
BIENNIAL REVIEW OF FEES FOR FREEDOM OF INFORMATION ACT DATED: JUNE 27, 2025.
DISTRIBUTION: OEDO-25-00305 RidsOcfoMailCenter Resource RidsAdmMailCenter Resource RidsEdoMailCenter Resource RidsOCIO Resource ADAMS Accession Number: ML25175A276
- via email OFFICIAL RECORD COPY OFFICE OCIO/DIME/
FLICB OCIO/DIME/
FLICB OCIO/DIME/
FLICB/
OCIO/DIME/
FLICB OCIO/OD NAME ASillah SBlaney*
DCullison*
BSall*
SFlanders DATE 6/6/2025 6/6/2025 6/24/2025 6/24/2025 6/27/2025