OFFICE OF MANAGEMENT AND BUDGET
5 CFR Parts 1302 and 1303
RIN 0348-AB87
Privacy Act and Freedom of Information Act Regulations
AGENCY: Office of Management and Budget.
ACTION: Final rule.
SUMMARY: The Office of Management and Budget (“OMB”) is issuing a final rule revising its
regulations implementing the Privacy Act and the Freedom of Information Act (“FOIA”). These
revisions update OMB’s regulations to reflect changes in OMB’s current organizational structure
and best practices. The revisions also ensure consistency between the access to records
procedures in OMB’s Privacy Act regulations and OMB’s FOIA regulations, and with applicable
law and policies that were enacted after OMB originally issued its Privacy Act regulations in
1976. Finally, the revisions align OMB’s regulations with those of other agencies.
DATES: This rule is effective [INSERT DATE 30 DAYS AFTER DATE OF PUBLICATION
IN THE FEDERAL REGISTER].
FOR FURTHER INFORMATION CONTACT: Timothy Ziese, 202-395-8693,
OMBPA@omb.eop.gov.
SUPPLEMENTARY INFORMATION:
I.

Background
On December 20, 2023, the Office of Management and Budget (“OMB”) published a

proposed rule in the Federal Register to revise its regulations at 5 CFR part 1302 governing
requests and responses under the Privacy Act of 1974, as amended, 5 U.S.C. 552a (“Privacy
Act”), and corresponding changes at 5 CFR part 1303 governing requests and responses under
the Freedom of Information Act, as amended, 5 U.S.C. 552 (“FOIA”). 88 FR 87960 (Dec. 20,
2023). OMB received one comment in response to its proposed rule, specifically regarding the

proposed revisions to OMB’s FOIA regulations at 5 CFR part 1303. As described below, in this
final rule OMB has made certain revisions, including in light of the helpful comment.
II.

Response to Comment
The commenter addressed three topics: (1) fees charged to “all other requesters” under

proposed § 1303.92(d); (2) FOIA’s presumption of openness; and (3) FOIA’s foreseeable harm
standard.
First, OMB proposed revisions to 5 CFR 1303.92 to track the FOIA statute with respect
to the fees OMB charges requesters. See 5 U.S.C. 552(a)(4)(A)(ii); see also id. 552(a)(4)(iv). The
statute specifies different categories of fees for different categories of requesters: commercial use
requesters are to be charged “for document search, duplication, and review,” id.
552(a)(4)(A)(ii)(I); certain educational or noncommercial scientific institutions and
representatives of the news media are to be charged “for document duplication,” id.
552(a)(4)(A)(ii)(II); and all other requesters are to be charged “for document search and
duplication,” id. 552(a)(4)(A)(ii)(III). Consistent with the statutory standard, and as relevant
here, OMB proposed that commercial use requesters be charged fees “that recover the full direct
costs of searching for, reviewing for release, and duplicating the record sought” (proposed §
1303.92(a)); that certain educational and noncommercial scientific institution requesters and
representatives of the media be charged “the cost of duplication alone” (proposed § 1303.92(b),
(c)); and that all other requesters be charged “the full reasonable direct cost of searching for and
producing records” (proposed § 1303.92(d)).
The commenter pointed out that fees for document review are not to be charged under the
statute’s third category—all other requesters—and suggested that OMB make that explicit,
asserting that some other agencies improperly charge review fees to such requesters.
OMB agrees that the category of all other requesters, see 5 U.S.C. 552(a)(4)(A)(ii)(III),
should not be charged fees for document review, and as proposed and finalized § 1303.92(d) of
OMB’s regulations reflects that approach, intentionally omitting reference to review fees. The

commenter’s observation and suggestion have prompted OMB to clarify the language in §
1303.92 in certain respects. Proposed paragraphs (a) through (c) used the term “duplicating” or
“duplication,” whereas proposed paragraph (d) used the term “producing,” to refer to the same
process. Additionally, proposed paragraphs (b) and (c) stated that OMB would provide records
“for the cost of duplication alone,” and the term “alone” or a similar term did not appear in
proposed paragraph (d) in a parallel way. OMB has therefore revised § 1303.92 to eliminate any
ambiguities and ensure consistency, including with the statutory language in 5 U.S.C.
552(a)(4)(A). OMB has also made a few other clarifying revisions to § 1303.92.
Second, the commenter observed that a “presumption of openness is a principle that
guides the administration of FOIA” and “an integral part of the statute,” and suggested that OMB
include a statement about the presumption in its rules. Third, and relatedly, the commenter
observed that the FOIA authorizes certain withholdings only when “the agency reasonably
foresees that disclosure would harm an interest protected by” a FOIA exemption, 5 U.S.C.
552(a)(8)(A)(i), and suggested that OMB include a statement about this foreseeable harm
standard in its rules. OMB acknowledges the importance of the presumption of openness, see,
e.g., Department of Justice, Freedom of Information Act Guidelines at 1-2 (Mar. 15, 2022),
https://www.justice.gov/ag/file/1208711-0/dl?inline, and the foreseeable harm standard, see 5
U.S.C. 552(a)(8)(A)(i), and will continue to apply both as OMB implements the FOIA. Because
OMB’s FOIA “rules” prescribe “the time, place, fees (if any), and procedures to be followed”
with respect to FOIA requests, consistent with the statute, 5 U.S.C. 552(a)(3)(A), and are not
intended to address other topics, OMB declines the commenter’s suggestion to further revise its
rules.
III.

Additional Revisions
OMB’s proposed rule specifically requested comments regarding OMB’s proposal, with

respect to its Privacy Act regulations, to require verification of identity through approved OMB
processes that will be described on OMB’s privacy program web page. 88 FR 87962. While

OMB received no comments on this issue, OMB has given further consideration to it generally
and, in order to better protect personal identifiable information, has modified §§ 1302.2 and
1302.5 to specify that Privacy Act requests should be submitted consistent with instructions on
OMB’s now operational web page for the agency’s privacy program,
www.whitehouse.gov/omb/privacy.
IV.

Regulatory Certifications
This rule is not a significant rule for purposes of Executive Order 12866, as amended by

Executive Order 14094. The Director of OMB, in accordance with the Regulatory Flexibility
Act, 5 U.S.C. 605(b), has reviewed this rule and certifies that it will not have a significant
economic impact on a substantial number of small entities. This rule will not result in the
expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or uniquely affect small
governments. Therefore, no written statement is necessary under the provisions of the Unfunded
Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq.
List of Subjects in 5 CFR Parts 1302 and 1303
Administrative practices and procedures, Archives and records, Freedom of information,
Privacy.
For the reasons set forth in the preamble, the Office of Management and Budget amends
parts 1302 and 1303 of title 5 of the Code of Federal Regulations as follows:
1. Revise part 1302 to read as follows:
PART 1302—PRIVACY ACT PROCEDURES
Sec.
1302.1 General provisions.
1302.2 Requirements for making requests for access.
1302.3 Responsibility for responding to requests.
1302.4 Requests for an accounting.

1302.5 Requests for an amendment or correction.
1302.6 Appeals.
1302.7 Fees.
Authority: 5 U.S.C. 552a.
§ 1302.1 General provisions.
(a) Purpose and scope. This part implements the rules that the Office of Management and
Budget (OMB) follows under the Privacy Act of 1974, codified as amended at 5 U.S.C. 552a
(Privacy Act). This part applies to all records in systems of records maintained by OMB that are
retrieved by an individual's name or personal identifier. This part describes the procedures by
which individuals may request access to records about themselves, request amendment or
correction of those records, and request an accounting of disclosures of those records by OMB.
(b) Definitions. As used in this part:
Request for access to a record means a request made under 5 U.S.C. 552a(d)(1).
Request for amendment or correction of a record means a request made under 5 U.S.C.
552a(d)(2).
Request for an accounting means a request made under 5 U.S.C. 552a(c)(3).
Requester means an individual who makes a request for access, a request for amendment
or correction, or a request for an accounting under the Privacy Act. An individual is a citizen of
the United States or an alien lawfully admitted for permanent residence.
System manager means the OMB official identified in a system of records notice as the
manager of a system of records; and for Government-wide systems of records, the individual
designated by the agency to act on behalf of the system manager.
(c) Providing written consent to disclose records protected under the Privacy Act. OMB
may disclose any record contained in a system of records by any means of communication to any
person, or to another agency, pursuant to a written request by, or with the prior written consent
of, the individual about whom the record pertains. An individual must verify the individual's

identity in the same manner as required by § 1302.2(d) when providing written consent to
disclose a record protected under the Privacy Act and pertaining to the individual.
§ 1302.2 Requirements for making requests for access.
(a) How made and addressed. You may make a Privacy Act request for access to an
OMB record by mail or delivery service, to Privacy Officer, Office of Management and Budget,
725 17th Street NW, Room 9204, Washington, DC 20503 or by electronic means as described on
OMB's privacy program web page: www.whitehouse.gov/omb/privacy.
(b) Description of the records sought. In making a request for access, you must describe
the records that you want in enough detail to enable OMB to locate the system of records
containing them with a reasonable amount of effort. Your access request should name the system
of records or contain a concise description of such system of records. OMB publishes notices of
OMB systems of records subject to the Privacy Act in the Federal Register.
(c) Information about yourself. Your access request should also contain sufficient
information to identify yourself in order to allow OMB to determine if there is a record
pertaining to you in a particular system of records.
(d) Verification of identity. To ensure that information about you is disclosed only to you
or your authorized representative, you are required to verify your identity when making a
Privacy Act request for access, as detailed in paragraphs (d)(1) through (3) of this section. If
OMB cannot verify your identity, disclosure will be limited to information that would be
required to be made available if requested under 5 U.S.C. 552 by any person.
(1) You must state your name, current address, and date and place of birth and provide
either a notarized statement of identity or a signed submission under 28 U.S.C. 1746; or
(2) When available, verify your identity through remote identity-proofing and
authentication using digital processes.
(3) OMB may require you to supply additional information as necessary in order to verify
your identity.

(e) Verification of guardianship. When making a request for access as the parent or
guardian of a minor or as the guardian of someone determined by a court of competent
jurisdiction to be incompetent, for access to records about that individual, you must establish the
criteria listed in paragraphs (e)(1) through (4) of this section. If OMB cannot verify your identity,
disclosure will be limited to information that would be required to be made available if requested
under 5 U.S.C. 552 by any person.
(1) The identity of the individual who is the subject of the record, by stating the name,
current address, and date and place of birth;
(2) Your own identity, as required in this paragraph (e);
(3) That you are the parent or guardian of that individual, which you may prove by
providing a copy of the individual's birth certificate showing your parentage or by providing a
court order establishing your guardianship; and
(4) That you are acting on behalf of that individual in making the request.
(f) Submit identifying information only using approved OMB processes. In order to
safeguard information you submit in making a request for access for purposes of verifying your
identity or verifying guardianship, or any information about yourself that may assist in the rapid
identification of the record to which you are requesting access (e.g., prior names, dates of
employment, etc.) as well as any other identifying information contained in an OMB system of
records, you must use one of OMB's approved processes as described on OMB's privacy
program web page. Failure to submit identifying information through an OMB approved process
may result in the failure to expunge your information in accordance with approved OMB records
schedules after your access request has been processed.
(g) Subsequent requests for access. If your request for access follows a prior request
under this section, and you already provided appropriate verifications with that prior request, you
do not need to include the same verification or identifying information in the subsequent request

for access if you reference that prior request or attach a copy of the OMB response to that
request.
§ 1302.3 Responsibility for responding to requests.
(a) Acknowledgment of requests. OMB will acknowledge your request for access in
writing and provide an individualized tracking number. Upon request, OMB will make
information available to you about the status of your request using the assigned tracking number.
(b) Timing of responses to a Privacy Act request for access. OMB will respond to Privacy
Act requests for access to records according to the order in which OMB receives the requests.
Consistent with OMB's FOIA procedures at 5 CFR 1303.40(b), OMB may designate multiple
processing tracks that distinguish between simple and more complex Privacy Act requests for
access, based on the estimated amount of work or time needed to process the request.
(c) Additional information. If, after receiving a request, OMB determines that your
request does not reasonably describe the records sought, OMB will inform you what additional
information is needed and why the request is otherwise insufficient. If a request does not
reasonably describe the records sought, OMB's response to the request may be delayed.
(d) Grant of request for access. Once OMB makes a determination to grant a request for
access, OMB will provide you a written response, which may include the following:
(1) A statement as to whether OMB will grant access by providing a copy of the record
through electronic means or the mail; and
(2) The amount of fees charged, if any (see § 1302.7). (Fees are applicable only to
requests for duplicates.)
(e) Adverse determination of request for access. OMB will notify you of an adverse
determination denying a request for access in writing. Adverse determinations, or denials of
requests, consist of: A determination to withhold any requested record in whole or in part; a
determination that a requested record does not exist or cannot be located; a determination that
what has been requested is not a record subject to the Privacy Act; a determination on any

disputed fee matter; or a denial of a request for expedited treatment. OMB's notification letter to
you will include:
(1) The decision of OMB whether to grant in whole, or deny any part of the request;
(2) The reasons for the determination for any portion of the request that is denied; and
(3) A description of the procedure by which the OMB decision to deny your request may
be appealed, including the name and address of the official with whom you may lodge such an
appeal.
§ 1302.4 Requests for an accounting.
You may request an accounting of disclosures by the same rules governing requests for
access, outlined in § 1302.2.
§ 1302.5 Requests for an amendment or correction.
(a) Requirement for written requests. If you want to amend a record that pertains to you
in a system of records maintained by OMB, you must submit your request in writing following
the procedures established in this section unless the system manager waives the requirements in
this section. OMB is not required to amend records that are not subject to the Privacy Act of
1974. However, individuals who believe that such records are inaccurate may bring this to the
attention of OMB.
(b) Procedures. (1) You should address your request to amend a record in a system of
records to the system manager. You should include the name of the system and a brief
description of the record proposed for amendment. If the request to amend the record is the result
of you gaining access to the record in accordance with the provisions concerning access to
records as set forth in § 1302.2, you may attach a copy of previous correspondence between you
and OMB instead of providing a separate description of the record.
(2) If a requester cannot determine where within OMB to send the Privacy Act request to
amend a record, the requester may send by mail or delivery to Privacy Officer, Office of
Management and Budget, 725 17th Street NW, Room 9204, Washington, DC 20503 or by

electronic means as described on OMB’s privacy program web page:
www.whitehouse.gov/omb/privacy. OMB will forward the request to the component(s) it
believes most likely to have the relevant records. For the quickest possible handling, the
requester should specify “Privacy Act Record Amendment Request” on the letter.
(3) You must validate your identity as described in § 1302.2(e). If OMB has previously
verified your identity pursuant to § 1302.2(e), further verification of identity is not required as
long as the communication does not suggest that a need for verification is present.
(4) You should clearly indicate the exact portion of the record you seek to have amended.
If possible, you should also propose alternative language, or at a minimum, identify the facts that
you believe are not accurate, relevant, timely, or complete, with such particularity as to permit
OMB not only to understand the basis for your request, but also to make an appropriate
amendment to the record.
(5) Your request must also state why you believe your record is not accurate, relevant,
timely, or complete. The burden of persuading OMB to amend a record will be upon you. You
must furnish sufficient facts to persuade the official in charge of the system of the inaccuracy,
irrelevancy, timeliness, or incompleteness of the record.
(6) OMB will not categorically reject incomplete or inaccurate requests. OMB will ask
you to clarify the request as needed.
(c) OMB action on the request. (1) OMB will acknowledge, in writing, receipt of a
request to amend a record within 10 business days (i.e., excluding Saturdays, Sundays, and legal
Federal holidays) of OMB's receipt.
(2) OMB will promptly respond to a Privacy Act request for amendment or correction.
OMB ordinarily will respond to Privacy Act requests for amendment or correction according to
their order of receipt. Consistent with OMB's FOIA procedures at 5 CFR 1303.40(b), OMB may
designate multiple processing tracks that distinguish between simple and more complex Privacy
Act requests for amendment or correction, based on the estimated amount of work or time

needed to process the request. The response reflecting the decision upon a request for
amendment will include the following:
(i) The decision of OMB whether to grant in whole, or deny any part of, the request to
amend the record;
(ii) The reasons for the determination for any portion of the request which is denied; and
(iii) A description of the procedure by which the OMB decision to deny your request may
be appealed, including the name and address of the official with whom you may lodge such an
appeal.
§ 1302.6 Appeals.
(a) If you wish to appeal a decision by OMB with regard to your request to access or
amend a record in accordance with the provisions of §§ 1302.2 and 1302.5, you should submit
the appeal in writing and, to the extent possible, include the information specified in paragraph
(b) of this section.
(b) Your appeal should contain a brief description of the record involved or copies of the
correspondence from OMB in which the request to access or to amend was denied and also the
reasons why you believe that access should be granted or the information amended, as relevant.
Your appeal should refer to the information you furnished in support of your claim and the
reasons set forth by OMB in its decision denying access or amendment, as required by §§ 1302.2
and 1302.5. In order to make the appeal process as meaningful as possible, you should set forth
your disagreement in an understandable manner. In order to avoid the unnecessary retention of
personal information, OMB reserves the right to dispose of the material concerning the request to
access or amend a record if OMB receives no appeal in accordance with this section within 180
days of the sending by OMB of its decision upon an initial request. OMB may treat an appeal
received after the 180-day period as an initial request to access or amend a record.
(c) You may send your appeal by mail or delivery to the Senior Agency Official for
Privacy, Office of Management and Budget, 725 17th Street NW, Room 9204, Washington, DC

20503 or by electronic means as described on OMB’s privacy program web page:
www.whitehouse.gov/omb/privacy. For the quickest possible handling, the requester should
specify “Privacy Act Record Appeal” on the letter.
(d) The Senior Agency Official for Privacy will review a refusal to amend a record within
30 business days (excluding Saturdays, Sundays, and legal Federal holidays) from the date on
which the individual requests such review, unless the OMB Director extends the 30-day period
for good cause. If the Senior Agency Official for Privacy's decision does not grant in full the
request, the notice of the decision will describe the steps you may take to obtain judicial review
of such a decision.
§ 1302.7 Fees.
(a) Prohibitions against charging fees for Privacy Act requests. OMB will not charge you
for:
(1) The search and review of requests for records subject to this part;
(2) Any copies of the record produced as a necessary part of the process of making the
record available for access; or
(3) Any copies of the requested record when OMB determines that the only way you can
access the record is by providing a copy to you through the mail.
(b) Waiver. OMB may at no charge provide copies of a record if it is determined the
production of the copies is in the interest of the Government.
(c) Fee schedule and method of payment. OMB will charge fees as provided in
paragraphs (c)(1) through (5) of this section except as provided in paragraphs (a) and (b) of this
section.
(1) OMB will duplicate records at a rate of $.10 per page for all copying of 4 pages or
more. There is no charge for duplication 3 or fewer pages.
(2) Where OMB anticipates that the fees chargeable under this section will amount to
more than $25.00, OMB shall promptly notify you of the amount of the anticipated fee or such

portion thereof as can readily be estimated. If the estimated fees will greatly exceed $25.00,
OMB may require an advance deposit. OMB's request for an advance deposit shall extend an
offer to the requester to consult with OMB personnel in order to reformulate the request in a
manner which will reduce the fees, yet still meet the needs of the requester.
(3) You should pay fees in full before the requested copies are issued. If the requester is
in arrears for previous requests, OMB will not provide copies for any subsequent request until
the arrears have been paid in full.
(4) Remittances shall be in the form either of a personal check or bank draft drawn on a
bank in the United States, or a postal money order. Remittances shall be made payable to the
order of the Treasury of the United States and mailed or delivered to the Assistant Director for
Management and Operations, Office of Management and Budget, Washington, DC 20503.
(5) OMB will provide a receipt for fees paid upon request.
PART 1303—PUBLIC INFORMATION PROVISIONS OF THE ADMINISTRATIVE
PROCEDURES ACT
2. The authority citation for part 1303 continues to read as follows:
Authority: 5 U.S.C. 301 and 5 U.S.C. 552, unless otherwise noted.
3. Amend § 1303.3 by revising paragraph (a)(5) to read as follows:
§ 1303.3 Organization.
(a) * * *
(5) Statutory offices include the Office of Federal Financial Management; Office of
Federal Procurement Policy; Office of E-government and Information Technology; Made in
America Office; and Office of Information and Regulatory Affairs.
*****
4. Revise § 1303.20 to read as follows:
§ 1303.20 Where to send requests.

The FOIA Officer is responsible for acting on all initial requests. Individuals wishing to
file a request under the FOIA should address their request in writing to FOIA Officer, Office of
Management and Budget, 725 17th Street NW, Room 9272, Washington, DC 20503, via fax to
(202) 395–3504, by email at OMBFOIA@omb.eop.gov, or the Government-wide FOIA.gov
portal. Requesters must provide contact information sufficient to enable OMB to communicate
with the requester. Additionally, OMB's FOIA Public Liaison is available to assist requesters
who have questions and can be reached at (202) 395–FOIA or in writing at the address provided
in this section.
5. Revise § 1303.21 to read as follows:
§ 1303.21 Requesters making requests about themselves or on behalf of others.
In order to obtain greater access to records, a requester who is making a request for
records about the requester or on behalf of another individual must comply with the verification
of identity requirements as determined by OMB pursuant to OMB's requirements for making
requests for access in 5 CFR part 1302. OMB may require a requester to supply additional
information as necessary in order to verify the identity of the requester or to verify that a
particular individual has consented to disclosure.
6. Amend § 1303.30 by revising paragraphs (c)(2)(i) and (ii) to read as follows:
§ 1303.30 Responsibility for responding to requests.
*****
(c) * * *
(2) * * *
(i) When OMB believes that a different agency is best able to determine whether to
disclose the record, OMB will refer the responsibility for responding to the request regarding that
record to that agency, will notify the requester, and will inform them of the agency which will be
processing the record, including that agency's FOIA contact information. Ordinarily, the agency
that originated the record is best situated to make the disclosure determination. However, if

OMB and the originating agency jointly agree that OMB is in the best position to respond
regarding the record, then OMB may respond to the requester.
(ii) When OMB believes that a different agency is best able to determine whether to
disclose the record, but also believes that disclosure of the identity of the different agency could
harm an interest protected by an applicable FOIA exemption, such as the exemptions that protect
personal privacy or national security interests, OMB will coordinate with the originating agency
to seek its views on the disclosability of the record and convey the release determination for the
record that is the subject of the coordination to the requester. For example, if a non-law
enforcement agency responding to a request for records on a living third party locates within its
files records originating with a law enforcement agency, and if the existence of that law
enforcement interest in the third party was not publicly known, then to disclose that law
enforcement interest could cause an unwarranted invasion of the personal privacy of the third
party. Similarly, if an agency locates within its files material originating with an Intelligence
Community agency, and the involvement of that agency in the matter is classified and not
publicly acknowledged, then to disclose or give attribution to the involvement of that
Intelligence Community agency could cause national security harms.
7. Amend § 1303.40 by revising paragraphs (e)(1)(iv) and (e)(4) to read as follows:
§ 1303.40 Timing of responses to requests.
*****
(e) * * *
(1) * * *
(iv) There are possible questions, in a matter of widespread and exceptional public
interest, about the Government's integrity which affect public confidence.
*****
(4) OMB will decide whether to grant a request for expedited processing and will notify
the requester within 10 calendar days after the date of the request. If a request for expedited

treatment is granted, OMB will prioritize the underlying FOIA request, place the request in the
processing track for expedited requests, and process the request as soon as practicable. If a
request for expedited processing is denied, any appeal of that decision will be acted on
expeditiously.
8. Amend § 1303.50 by revising paragraphs (a), (c) introductory text, and (c)(4) to read as
follows:
§ 1303.50 Responses to requests.
(a) Acknowledgments of requests. OMB will assign an individualized tracking number to
each request received that will take longer than ten days to process; and acknowledge each
request, informing the requester of their tracking number if applicable; and, upon request, make
available information about the status of a request to the requester using the assigned tracking
number, including—
(1) The date on which OMB originally received the request; and
(2) An estimated date on which OMB will complete action on the request.
*****
(c) Adverse determinations of requests. Adverse determinations, or denials of requests,
include decisions that the requested record is exempt, in whole or in part; the request does not
reasonably describe the records sought; the information requested is not a record subject to the
FOIA; the requested record does not exist, cannot be located, or has been destroyed; or the
requested record is not readily reproducible in the form or format sought by the requester.
Adverse determinations also include denials involving fees or fee waiver matters or denials of
requests for expedited processing. In the case of an adverse determination, the FOIA Officer will
immediately notify the requester of—
*****

(4) OMB's estimate of the volume of any requested records OMB is withholding, unless
providing such estimate would harm an interest protected by the exemption in 5 U.S.C. 552(b)
under which the withholding is being made.
9. Amend § 1303.60 by revising paragraphs (a)(2) and (e)(2) to read as follows:
§ 1303.60 Notification procedures for confidential commercial information.
(a) * * *
(2) Submitter means any person or entity, including a corporation, State, or foreign
government, but not including another Federal Government entity, that provides confidential
commercial information, either directly or indirectly, to the Federal Government.
*****
(e) * * *
(2) If a submitter has any objections to disclosure, it should provide OMB a detailed
written statement that specifies all grounds for withholding the particular information under any
exemption of the FOIA. In order to rely on Exemption 4 as basis for nondisclosure, the submitter
must explain why the information constitutes a trade secret or commercial or financial
information that is privileged or confidential. OMB is not required to consider any information
received after the date of any disclosure decision.
*****
10. Amend § 1303.70 by revising paragraph (a) to read as follows:
§ 1303.70 Appeals.
(a) A requester must appeal to the head of OMB in writing within 90 calendar days after
the date of such adverse determination addressed to the FOIA Officer at the address specified in
§ 1303.20. The appeal must include a statement explaining the basis for the appeal.
Determinations of appeals will be set forth in writing and signed by the Deputy Director, or their
designee, within 20 working days. If on appeal the denial is upheld in whole or in part, the
written determination will also contain a notification of the provisions for judicial review, the

names of the persons who participated in the determination, and notice of the services offered by
OGIS as a non-exclusive alternative to litigation.
*****
11. Amend § 1303.91 by revising the introductory text and paragraph (i) to read as
follows:
§ 1303.91 Fees to be charged—general.
OMB will charge fees that recoup the full allowable direct costs it incurs. Moreover, it
will use the most efficient and least costly methods to comply with requests for documents made
under the FOIA. For example, employees should not engage in line-by-line search when merely
duplicating an entire document would prove the less expensive and quicker method of complying
with a request. Search should be distinguished, moreover, from review of material in order to
determine whether the material is exempt from disclosure. When documents that would be
responsive to a request are maintained for distribution by agencies operating statutory-based fee
schedule programs (see 5 U.S.C. 552(a)(4)(A)(vi)), such as the National Technical Information
Service, OMB will inform requesters of the steps necessary to obtain records from those sources.
*****
(i) No Fees under $25. No fee will be charged when the total fee, after deducting the first
100 free pages (or its cost equivalent) and the first two hours of search, is equal to or less than
$25. If OMB estimates that the charges are likely to exceed $25, it will notify the requester of the
estimated amount of fees, unless the requester has indicated in advance their willingness to pay
fees as high as those anticipated. Such a notice shall offer a requester the opportunity to confer
with agency personnel to meet the requester's needs at a lower cost.
12. Amend § 1303.92 by revising paragraphs (a) through (d) to read as follows:
§ 1303.92 Fees to be charged—categories of requesters.
*****

(a) Commercial use requesters. When OMB receives a request for documents for
commercial use, it will assess charges that recover the full direct costs of searching for,
reviewing for release, and duplicating the record sought. Commercial use requesters are entitled
to neither two hours of free search time nor 100 free pages of duplication of documents. OMB
may recover the cost of searching for and reviewing records even if there is ultimately no
disclosure of records (see § 1303.93(b)).
(b) Educational and noncommercial scientific institution requesters. OMB will provide
documents to educational and noncommercial scientific institution requesters that meet the
criteria in § 1303.90(f) or (g) for the cost of duplication alone, excluding charges for the first 100
pages. OMB may seek evidence from the requester that the request is in furtherance of scholarly
research and will advise requesters of their determination whether the requester has met the
criteria in § 1303.90(f) or (g).
(c) Requesters who are representatives of the news media. OMB will provide documents
to requesters who are representatives of the news media that meet the criteria in § 1303.90(h) and
(i), and that do not make the request for commercial use, for the cost of duplication alone,
excluding charges for the first 100 pages.
(d) All other requesters. OMB will charge requesters who do not fit into any of the
categories described in paragraphs (a) through (c) of this section fees that recover only the full
reasonable direct cost of searching for and duplicating records that are responsive to the request,
except that the first 100 pages of duplication and the first two hours of search time will be
furnished without charge. Moreover, requests for records about the requesters filed in OMB’s
systems of records will continue to be treated under the fee provisions of the Privacy Act of
1974, which permit fees only for producing copies of records
13. Amend § 1303.93 by revising paragraph (a), the first sentence of paragraph (c), and
paragraph (d)(1) to read as follows:
§ 1303.93 Miscellaneous fee provisions.

(a) Charging interest—notice and rate. OMB may begin assessing interest charges on an
unpaid bill starting on the 31st day after OMB sends the bill. If OMB receives the fee within the
thirty-day grace period, interest will not accrue on the paid portion of the bill, even if the
payment is unprocessed. Interest will be at the rate prescribed in 31 U.S.C. 3717 and will accrue
from the date of the billing.
*****
(c) * * * When OMB reasonably believes that a requester, or a group of requesters acting
in concert, is attempting to divide a single request into a series of requests for the purpose of
avoiding fees, OMB may aggregate those requests and charge fees accordingly. * * *
(d) * * *
(1) OMB will not require a requester to make an advance payment, i.e., payment before
work is commenced or continued on a request, unless OMB estimates or determines that
allowable charges that a requester may be required to pay will exceed $250 or the requester has
previously failed to make a payment due within 30 days of billing.
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Shraddha A. Upadhyaya,
Associate General Counsel, Office of Management and Budget.

BILLING CODE 3110–01–P
[FR Doc. 2024-12667 Filed: 6/7/2024 8:45 am; Publication Date: 6/10/2024]