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21 U.S.C. § 379f — Recovery and retention of fees for freedom of information requests

submitted 88 years ago by Pub. L. 101-635 to r/title-21-FOOD-AND-DRUGS · 183 words · no verdicts yet

in plain englishAI-generated · not legal advice

The FDA can charge fees to cover the real cost of handling public records requests. It must keep those fees separate and only spend them on processing those requests. People can still ask for a fee waiver under the usual public-records law.

(a) The Secretary, acting through the FDA Commissioner, may do three things with Freedom of Information Act (FOIA) requests. First, the Secretary may set and charge fees — following the rules in section 552(a)(4)(A) of title 5 — to cover the real cost of handling FOIA requests. This applies to records created or collected under this chapter, or under any other federal law the Secretary has put the Commissioner in charge of. Second, the Secretary may keep all the fees collected this way. Third, the Secretary must set up an accounting system to track and control that money coming in and going out. (b) The Secretary and the Commissioner can only spend these fees on processing FOIA requests. They can't use the fees to replace or reduce money that funds anything else this law covers. (c) This section doesn't take away a requester's right to ask for a fee waiver under section 552(a)(4)(A) of title 5, the same as for any other FOIA request.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The Secretary, acting through the Commissioner of Food and Drugs, may—

(1)

set and charge fees, in accordance with section 552(a)(4)(A) of title 5, to recover all reasonable costs incurred in processing requests made under section 552 of title 5 for records obtained or created under this chapter or any other Federal law for which responsibility for administration has been delegated to the Commissioner by the Secretary;

(2)

retain all fees charged for such requests; and

(3)

establish an accounting system and procedures to control receipts and expenditures of fees received under this section.

(b) Use of fees

The Secretary and the Commissioner of Food and Drugs shall not use fees received under this section for any purpose other than funding the processing of requests described in subsection (a)(1). Such fees shall not be used to reduce the amount of funds made to carry out other provisions of this chapter.

(c) Waiver of fees

Nothing in this section shall supersede the right of a requester to obtain a waiver of fees pursuant to section 552(a)(4)(A) of title 5.

Source credit: (June 25, 1938, ch. 675, § 731, formerly § 711, as added Pub. L. 101–635, title II, § 201, Nov. 28, 1990, 104 Stat. 4584; renumbered § 731, Pub. L. 102–571, title I, § 106(6), Oct. 29, 1992, 106 Stat. 4499.)

history & why it existsrecord from the source credit
  • 1938Enacted · Pub. L. 101-635 · 104 Stat. 4584
  • 1992Amended · Pub. L. 102-571 · 106 Stat. 4499

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-635 on 1938-06-25.

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