[Code of Federal Regulations]
[Title 41, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR51-8.13]

[Page 71-72]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
CHAPTER 51--COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY 
                                DISABLED
 
PART 51-8--PUBLIC AVAILABILITY OF AGENCY MATERIALS--Table of Contents
 
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.

[[Page 72]]

    (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.