5/30/2023 0 Comments Guidance synonymBy the same token, of course, agencies also are expected to respect the balance drawn in the statute, safeguarding federal funds by granting waivers or reductions only where it is determined that the statutory standard is satisfied. The Department of Justice stands committed to encouraging agencies to waive fees under the FOIA whenever the statutory fee waiver standard is met. ยง 552(e), I am providing the following advisory fee waiver policy guidance to all federal agencies on behalf of the Attorney General, see 28 C.F.R. To assist agencies in implementing this provision, and in accordance with the statutory responsibility of the Department of Justice to encourage agency compliance with the FOIA, see 5 U.S.C. The OMB Fee Guidelines address neither this requirement nor the new statutory standard governing the waiver of FOIA fees, 5 U.S.C. One provision of the Freedom of Information Reform Act requires that individual agency regulations set forth "procedures and guidelines for determining when such fees should be waived or reduced." 5 U.S.C. 10011 (March 27, 1987), and the revised FOIA fee regulations issued by each agency must conform with the OMB Fee Guidelines. The Office of Management and Budget has prepared Uniform Freedom of Information Act Fee Schedule and Guidelines ("OMB Fee Guidelines"), 52 Fed. 3207, 3207-48 (1986), all federal agencies subject to the Freedom of Information Act ("FOIA") are required to promulgate revised regulations implementing the FOIA's amended fee and fee waiver provisions. Under the Freedom of Information Reform Act of 1986, Pub.
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