
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 21USC379f]

 
                        TITLE 21--FOOD AND DRUGS
 
             CHAPTER 9--FEDERAL FOOD, DRUG, AND COSMETIC ACT
 
                    SUBCHAPTER VII--GENERAL AUTHORITY
 
                              Part C--Fees
 
                 subpart 1--freedom of information fees
 
Sec. 379f. 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, 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) of this section. 
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.

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

                          Codification

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