§ 379f. Recovery and retention of fees for freedom of information requests

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1938

   Food and Drug Administration Revitalization Act

   Pub. L. 101–635 title II § 201 · 104 Stat. 4583

   Enacted · 21 U.S.C. § 379f

   June 25, 1938, ch. 675, § 731, formerly § 711, as added Pub. L. 101–635, title II, § 201, Nov. 28, 1990, 104 Stat. 4584

   Source evidence

   Code 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

   Enacted provision · exact public law section
   SEC. 201. RECOVERY AND RETENTION OF FEES FOR FOIA REQUESTS. Chapter VII (21 U.S.C. 371 et seq.) (as amended by section 101 of this Act) is further amended by adding at the end thereof the following new section: “SEC. 711. RECOVERY AND RETENTION OF FEES FOR FREEDOM OF INFORMATION REQUESTS. “(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, United States Code, to recover all reason-able costs incurred in processing requests made under section 552 of title 5, United States Code, for records obtained or created under this Act 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 Act. “(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, United States Code.”.

1 of 1 references resolved to an enrolled provision