[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR105-60.305-1]

[Page 407-408]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
              CHAPTER 105--GENERAL SERVICES ADMINISTRATION
 
PART 105-60--PUBLIC AVAILABILITY OF AGENCY RECORDS AND INFORMATIONAL MATERIALS
--Table of Contents
 
     Subpart 105-60.3--Availability of Opinions, Orders, Policies, 
               Interpretations, Manuals, and Instructions
 
Sec. 105-60.305-1  Definitions.

    For the purpose of this part:
    (a) A statute specifically providing for setting the level of fees 
for particular types of records (5 U.S.C. 552(a)(4)(A)(vii)) means any 
statute that specifically requires a Government agency to set the level 
of fees for particular types of records, as opposed to a statute that 
generally discusses such fees. Fees are required by statute to:
    (1) Make Government information conveniently available to the public 
and to private sector organizations;
    (2) Ensure that groups and individuals pay the cost of publications 
and other services which are for their special use so that these costs 
are not borne by the general taxpaying public;
    (3) Operate an information dissemination activity on self-sustaining 
basis to the maximum extent possible; or
    (4) Return revenue to the Treasury for defraying, wholly or in part, 
appropriated funds used to pay the cost of disseminating Government 
information.
    (b) The term direct costs means those expenditures which GSA 
actually incurs in searching for and duplicating (and in the case of 
commercial requesters, reviewing and redacting) documents to respond to 
a FOIA request. Direct costs include, for example, the salary of the 
employee performing the work (the basic rate of pay for the employee 
plus 16 percent of that rate to cover benefits), and the cost of 
operating duplicating machinery. Overhead expenses such as costs of 
space, and heating or lighting the facility where the records are stored 
are not included in direct costs.
    (c) The term search includes all time spent looking for material 
that is responsive to a request, including line-by-line identification 
of material within documents. Searches will be performed in the most 
efficient and least expensive manner so as to minimize costs for both 
the agency and the requester. Line-by-line searches will not be 
undertaken when it would be more efficient to duplicate the entire 
document. Search for responsive material is not the same as review of a 
record to

[[Page 408]]

determine whether it is exempt from disclosure in whole or in part (see 
paragraph (e) of this section. Searches may be done manually or by 
computer using existing programming or new programming when this would 
not significantly interfere with the operation of the automated system 
in question.
    (d) The term duplication means the process of making a copy of a 
document in response to a FOIA request. Copies can take the form of 
paper, microform audiovisual materials, or magnetic types or disks. To 
the extent practicable, GSA will provide a copy of the material in the 
form specified by the requester.
    (e) The term review means the process of examining documents located 
in response to a request to determine if any portion of that document is 
permitted to be withheld and processing any documents for disclosure. 
See Sec. 105-60.305-6.
    (f) The term commercial-use request means a request from or on 
behalf of one who seeks information for a use or purpose that furthers 
the commercial, trade, or profit interests of the requester or person on 
whose behalf the request is made. GSA will determine whether a requester 
properly belongs in this category by determining how the requester will 
use the documents.
    (g) The term educational institution means 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, or an institution of vocational 
education which operates a program or programs of scholarly research.
    (h) The term noncommercial scientific institution means an 
institution that is not operated on a ``commercial'' basis as that term 
is used in paragraph (f) of this section 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.
    (i) The term representative of the news media means any person 
actively gathering news for an entity that is organized and operated to 
publish or broadcast news to the public. The term news means information 
that is about current events or that would be of current interest to the 
public. Examples of news media include television or radio stations 
broadcasting to the public at large, and publishers of periodicals (but 
only in those instances when they can qualify as disseminators of 
``news'') who make their products available for purchase or subscription 
by the general public. ``Freelance'' journalists will be regarded as 
working for a news organization if they can demonstrate a solid basis 
for expecting publication through that organization even though they are 
not actually employed by it.