§379f — Title 21 Food and Drugs | U.S. Code

Summary

The Secretary, through the FDA Commissioner, can charge and keep fees to recover all reasonable costs of handling requests under section 552 of title 5 (FOIA requests) for records the Commissioner manages, and must set up an accounting system to track the fees received and spent in doing that work, under section 552(a)(4)(A) of title 5. Those fees can only be used to pay for processing those requests and cannot be used to reduce money for other parts of this chapter. Anyone asking for records can still ask for a fee waiver under section 552(a)(4)(A) of title 5.

Title 21, §379f

Food and Drugs — Source: USLM XML via OLRC

(a)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)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)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.

Editorial Notes

Codification Section was formerly classified to section 379c of this title prior to renumbering by Pub. L. 102–571.

§379f Recovery and Retention of Fees for Freedom of Information Requests

Summary

Title 21, §379f

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata