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GGD-93-47R 1 (1993-06-10)

handle is hein.gao/gaobackip0001 and id is 1 raw text is: 


nited States
General Accounting Office
Washington, D.C. 20548



                                    149364
B-253513

June 10, 1993

The Honorable Patrick J. Leahy
Chairman, Subcommittee on Technology
  and the Law
Committee on the Judiciary
United States Senate

Dear Mr. Chairman:

This letter responds to your inquiry about the Food and Drug
Administration's (FDA) retention of fees charged for
processing information requested under the Freedom of
Information Act (FOIA)l. You asked if FDA has shortened its
processing time for FOIA requests since 1990, when it was
allowed to retain fees charged for responding to requests.
To answer this, we discussed FDA's experience with FDA
officials and obtained request processing workload data for
2 years before and 2 years after the fee retention
authorization was granted.

BACKGROUND

Under the FOIA, federal agencies can charge reasonable fees
for responding to requests for information. Based on the
requester, agencies are allowed to charge for some, but not
all, of the research, review, and reproduction costs
associated with requests.   However, collected fees must be
deposited in the U.S. Treasury and are not available for
discretionary use by the collecting agency. The objective
is to recover some of the cost to the federal government but
not allow agencies to use fees to discourage information
requesters.

Starting in December 1990, Public Law 101-635 authorized FDA
to retain the FOIA fees. The intent was that fee retention
would improve FDA's responsiveness to FOIA requests.
According to FDA, in 1990, it had one of the highest FOIA
request workloads among federal agencies, accounting for
about 10 percent of an annual 490,000 total federal
requests.



5 5 U.S.C. 552.

                           GAO/GGD-93-47R, FDA's FOIA Fees




                   AVI.S~

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