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1 1 (July 17, 2019)

handle is hein.crs/govbami0001 and id is 1 raw text is: Conresionl eserchSeric July 17, 2019 Freedom of Information Act Fees for Government Information The Freedom of Information Act (FOIA) establishes a presumption that information in the possession of executive branch agencies and departments of the U.S. federal government is accessible to the public. Under FOIA, the burden of proof to access government information shifted from a requester's need to know to a right to know doctrine, where the federal government has to show a need to keep the information secret (H.Rept. 109-226). However, federal agencies may recoup the costs of providing information to the public by assessing FOIA fees (hereinafter, fees). This piece discusses what fees are used for, how fees are assessed, fee waivers, and payment of fees. What Are the Fees Used for? Created by the White House Office of Management and Budget (OMB) pursuant to FOIA, the Uniform Freedom of Information Act Fee Schedule and Guidelines provides information on the use and assessment of fees. Fees assessed for the duplication and receipt of government information reimburse the responding agency for costs incurred in providing these services. Direct costs related to providing these services include: * The salary cost of the employee searching for relevant materials; * The searching costs of locating the material (for example, costs for staff time or computer search time); * The reproduction of the information on a reasonably usable media; and * The review of information to determine whether it is exempt from mandatory disclosure. Direct costs do not include overhead expenses of the agency for storing and maintaining the records. How Are the Fees Assessed? Fees for government information are assessed on two criteria: first, the type of requester asking for the information; and second, the type of information being sought. An information request fee is determined first by the requester category, and then by selecting the particular fees for the types of information sought. Fees by Category of Requester OMB provides information on the four categories of FOIA requesters. The category in which a requester is placed determines the requester's fee responsibility. The four categories of requesters are: 1. Commercial Use Requesters-where a request is made for information to further the commercial, trade or profit interests of the requester or person on whose behalf the request is made; 2. Educational Institutions and Non-Commercial Scientific Institution Requesters-where a request is made on behalf of an institution for the purposes of scholarly or scientific research not intended to promote any particular product or industry; 3. Requesters Who Are Representatives of the News Media-where a request is received from any person actively gathering information about current events or information that would be of current public interest and has a reasonable expectation of being published; and 4. All Other Requesters. Requesters who are members of the general public (who do not typically meet the (1) commercial use, (2) educational and scientific institution, or (3) news media requester definitions) are furnished the first 100 pages of reproduction of the information and the first two hours of search time without charge. Commercial use requesters are charged for the full direct costs, including reproduction costs, while educational and non-commercial scientific institution requesters are only charged for reproduction costs over 100 pages. Uniform Freedom of Information Act Fee Schedule and Guidelines 52 Federal Register 10019, March 27, 1987 * Commercial Use Requesters: Charged for the full direct costs and reproduction costs; * Educational Institutions, Non-commercial Scientific Institutions, and News Media Requesters: Charged for only reproduction costs in excess of the first 100 pages; * All Other Requesters: Charged for the direct costs excluding review of information; first 100 pages and 2 hours of search time are free of charge. Selected Fees by Type of Information Common types of information that fall under this category include information on an individual, information in the pursuit of government benefits, and information on an individual's military service. Information on an Individual. The Privacy Act of 1974 governs the disclosure of information on an individual, and only pertains to U.S. citizens and permanent residents. The https://crsreports.congress.gos 0

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