| Javits Wagner
O'Day Act COMMITTEE FOR PURCHASE FROM PEOPLE Sec. 51 8.13 Fees
charged by category of requester. (a) Under the FOIA, as amended, there are
four categories of FOIA requesters: Commercial use requesters; educational
and non commercial scientific institutions; representatives of the news
media; and all other requesters. The Act prescribes specific levels of
fees for each category. (b) Commercial use requesters. For commercial
use requesters, the Committee shall assess charges which recover the full
direct costs of searching for, reviewing for release, and duplicating
the records sought. Commercial use requesters are not entitled to two
hours of free search time nor 100 free pages of reproduction of documents
referenced in Sec. 51 8.12(c)(1). The Committee may charge for the cost
of searching for and reviewing records for commercial use requesters even
if there is ultimately no disclosure of records. (1) A commercial use requester is defined
as one who seeks information for a use or purpose that furthers the commercial,
trade, or profit interests of the requester or the person on whose behalf
the request is made. (2) In determining whether a requester properly
belongs in this category the Committee must determine whether the requester
will put the documents to a commercial use. Where the Committee has reasonable
cause to doubt the use to which a requester will put the records sought,
or where that use is not clear from the request itself, the Committee
may seek additional clarification from the requester. (c) Educational and non commercial scientific
institution requesters. Fees for this category of requesters shall be
limited to the cost of providing duplication service alone, minus the
charge for the first 100 reproduced pages. No charge shall be made for
search or review services. To qualify for this category, requesters must
show that the request is being made as authorized by and under the auspices
of an eligible institution and that the records are not sought for a commercial
use, but are sought in furtherance of scholarly research (if the request
is from a non commercial scientific institution). (1) The term ``educational institution''
refers to a preschool, a public or private elementary or secondary school,
an institution of graduate higher education, an institution of undergraduate
higher education, an institution of professional education, and an institution
of vocational education, which operates a program or programs of scholarly
research. (2) The term ``non commercial scientific
institution'' refers to an institution that is not operated on a ``commercial''
basis, and which is operated solely for the purpose of conducting scientific
research the results of which are not intended to promote any particular
product or industry. (d) Requesters who are representatives of
the news media Fees for this category of requesters shall also be limited
to the cost of providing duplication service alone, minus the charge for
the first 100 reproduced pages. No charge shall be made for providing
search for review services. Requests in this category must not be made
for a commercial use. (1) The term ``representative of the news
media'' refers to any person actively gathering news for an entity that
is organized and operated to publish or broadcast news to the public. (2) The term ``news'' means information that
is about current events or that would be of current interest to the public. (3) Examples of news media entities include
television or radio stations broadcasting to the public at large, and
publishers of periodicals which disseminate news and who make their products
available for purchase or subscription by the general public. (4) ``Freelance'' journalists may be regarded
as working for a news organization if they can demonstrate a solid basis
for expecting publication through that organization, even though not actually
employed by it. (e) All other requesters. Fees for requesters
who do not fit into any of the above categories shall be assessed for
the full reasonable direct cost of searching for and duplicating documents
that are responsive to a request, except that the first 100 pages of reproduction
and the first two hours of search time shall be furnished without charge.
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