§ 379f. Recovery and retention of fees for freedom of information requests
242 words·~1 min read·
/usc/title-21/section-379fA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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). 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, § 731, formerly § 711, as added Pub. L. 101–635, title II, § 201, Nov. 28, 1990, 104 Stat. 4584; renumbered § 731, Pub. L. 102–571, title I, § 106(6), Oct. 29, 1992, 106 Stat. 4499.)
Connections76 cite this · traces to 2
Cited by 76 sections · top 60
public-private-law
statutes-at-large
- Public Law 108–214To amend the Federal Food, Drug, and Cosmetic Act to make technical corrections relating to the amendments made by the Medical Device User Fee and Modernization Act of 2002, and for other purposes
- Public Law 116–136To amend the Internal Revenue Code of 1986 to repeal the excise tax on high cost employer-sponsored health coverage
- Public Law 112–144To amend the Federal Food, Drug, and Cosmetic Act to revise and extend the user-fee programs for prescription drugs and medical devices, to establish user-fee programs for generic drugs and biosimilars, and for other purposes
- Public Law 111–353To amend the Federal Food, Drug, and Cosmetic Act with respect to the safety of the food supply
- Public Law 112–193To make corrections with respect to Food and Drug Administration user fees
- Public Law 108–130To amend the Federal Food, Drug, and Cosmetic Act to establish a program of fees relating to animal drugs
- Public Law 113–54To amend the Federal Food, Drug, and Cosmetic Act with respect to human drug compounding and drug supply chain security, and for other purposes
- Public Law 110–316To amend the Federal Food, Drug, and Cosmetic Act to revise and extend the animal drug user fee program, to establish a program of fees relating to generic new animal drugs, to make certain technical corrections to the Food and Drug Administration Amendments Act of 2007, and for other purposes
- Public Law 111–80Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2010, and for other purposes
- Public Law 115–52To amend the Federal Food, Drug, and Cosmetic Act to revise and extend the user-fee programs for prescription drugs, medical devices, generic drugs, and biosimilar biological products, and for other purposes
- Public Law 111–8Making omnibus appropriations for the fiscal year ending September 30, 2009, and for other purposes
statute-compilations
- Sec. 1269Notwithstanding section 1101, the level for “Related Agencies and Food and Drug Administration, Food and Drug Administration, Salaries and Expenses” shall be $3,655,687,000: *Provided*, That of the amount provided under this heading, $667,057,000 shall be derived from prescription drug user fees authorized by section 736 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379h), shall be credited to this account and remain available until expended, and shall not include any fees pursuant to paragraphs (2) and (3) of section 736(a) of such Act (21 U.S.C. 379h(a)(2) and (a)(3)) assessed for fiscal year 2012 but collected in fiscal year 2011; $61,860,000 shall be derived from medical device user fees authorized by section 738 of such Act (21 U.S.C. 379j), and shall be credited to this account and remain available until expended; $19,448,000 shall be derived from animal drug user fees authorized by section 740 of such Act (21 U.S.C. 379j-12), and shall be credited to this account and remain available until expended; $5,397,000 shall be derived from animal generic drug user fees authorized by section 741 of such Act (21 U.S.C. 379f), and shall be credited to this account and shall remain available until expended; and $450,000,000 shall be derived from tobacco product user fees authorized by section 919 of such Act (21 U.S.C. 387s) and shall be credited to this account and remain available until expended: *Provided** further*, That in addition and notwithstanding any other provision under this heading, amounts collected for prescription drug user fees that exceed the fiscal year 2011 limitation are appropriated and shall be credited to this account and remain available until expended: *Provided further*, That fees derived from prescription drug, medical device, animal drug, animal generic drug, and tobacco product assessments for fiscal year 2011 received during fiscal year 2011, including any such fees assessed prior to fiscal year 2011 but credited for fiscal year 2011, shall be subject to the fiscal year 2011 limitations: *Provided further,* That none of these funds shall be used to develop, establish, or operate any program of user fees authorized by 31 U.S.C. 9701: *Provided further*, That of the total amount appropriated under this heading: (1) $837,358,000 shall be for the Center for Food Safety and Applied Nutrition and related field activities in the Office of Regulatory Affairs; (2) $957,116,000 shall be for the Center for Drug Evaluation and Research and related field activities in the Office of Regulatory Affairs; (3) $325,647,000 shall be for the Center for Biologics Evaluation and Research and for related field activities in the Office of Regulatory Affairs; (4) $161,730,000 shall be for the Center for Veterinary Medicine and for related field activities in the Office of Regulatory Affairs; (5) $359,781,000 shall be for the Center for Devices and Radiological Health and for related field activities in the Office of Regulatory Affairs; (6) $60,664,000 shall be for the National Center for Toxicological Research; (7) $421,463,000 shall be for the Center for Tobacco Products and for related field activities in the Office of Regulatory Affairs; (8) not to exceed $136,239,000 shall be for Rent and Related activities, of which $41,951,000 is for White Oak Consolidation, other than the amounts paid to the General Services Administration for rent; (9) not to exceed $183,048,000 shall be for payments to the General Services Administration for rent; and (10) $212,642,000 shall be for other activities, including the Office of the Commissioner of Food and Drugs; the Office of Foods; the Office of the Chief Scientist; the Office of Policy, Planning and Budget; the Office of International Programs; the Office of Administration; and central services for these offices: *Provided further,* That none of the funds made available under this heading shall be used to transfer funds under section 770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd): *Provided further*, That not to exceed $25,000 of the amount provided under this heading shall be for official reception and representation expenses, not otherwise provided for, as determined by the Commissioner: *Provided further,* That funds may be transferred from one specified activity to another with the prior approval of the Committees on Appropriations of both Houses of Congress.
- Sec. 905FACILITIES MANAGEMENT
- Sec. 2CORRECTIONS TO FDA USER FEES
- Sec. 402FEES RELATING TO BIOSIMILAR BIOLOGICAL PRODUCTS
- Sec. 302AUTHORITY TO ASSESS AND USE HUMAN GENERIC DRUG FEES
- Sec. 1131STRATEGIC INTEGRATED MANAGEMENT PLAN
- Sec. 102VOLUNTARY OUTSOURCING FACILITIES
- Sec. 3862FEES RELATING TO OVER-THE-COUNTER DRUGS
bill
- Sec. 3Reporting by wholesale distributors of prescription drugs
- Sec. 3Outsourcing facilities
- Sec. 102Voluntary outsourcing facilities
- Sec. 102Voluntary outsourcing facilities
- Sec. 102Voluntary outsourcing facilities
- Sec. 102Voluntary outsourcing facilities
- Sec. 202Authority to assess and use cosmetic safety fees
- Sec. 2Definitions
- Sec. 3Transparency
- Sec. 905Facilities management
- Sec. 905Facilities management
- Sec. 905Facilities management
- Sec. 202Authority to assess and use cosmetic safety fees
- Sec. 2Definitions
- Sec. 202Fees relating to over-the-counter drugs
- Sec. 202Fees relating to over-the-counter drugs
- Sec. 202Fees relating to over-the-counter drugs
- Sec. 202Fees relating to over-the-counter drugs
- Sec. 2002Fees relating to over-the-counter drugs
- Sec. 2002Fees relating to over-the-counter drugs
- Sec. 2002Fees relating to over-the-counter drugs
- Sec. 202Authority to access and use fees
- Sec. 202Authority to access and use fees
- Sec. 382Fees relating to over-the-counter drugs
- Sec. 2002Fees relating to over-the-counter drugs
- Sec. 2002Fees relating to over-the-counter drugs
- Sec. 2002Fees relating to over-the-counter drugs
- Sec. 202Authority to assess and use cosmetic product fees
- Sec. 2Definitions
- Sec. 202Fees relating to over-the-counter drugs
- Sec. 202Fees relating to over-the-counter drugs
- Sec. 202Fees relating to over-the-counter drugs
- Sec. 202Fees relating to over-the-counter drugs
- Sec. 202Authority to assess and use cosmetic safety fees
Traces to 2 documents
6 references not yet in our index
- June 25, 1938, ch. 675, § 731
- Pub. L. 101–635, title II, § 201
- 104 Stat. 4584
- Pub. L. 102–571, title I, § 106(6)
- 106 Stat. 4499
- Pub. L. 102–571
Citation graph
cites case law
§ 379f
Recovery and retention of fees for freedom of information requests
Bills×44
Stat.×15
Stat. Comp.×9
Pub. L.×4
Fed. Reg.×2
U.S.C.×2
ActJune 25, 1938, ch. 675, § 731
Pub. L.Pub. L. 101–635, title II, § 201
Stat.104 Stat. 4584
Pub. L.Pub. L. 102–571, title I, § 106(6)
Stat.106 Stat. 4499
Cites 8 · showing 7Cited by 76 across 6 sources