SEC Proposes To Rewrite The FOIA

Keith Paul Bishop, JDSupra, Jan. 16, 2018

For more than a half century, the Freedom of Information Act (aka FOIA) grants any person a legally enforcable right to obtain access to federal agency records (with certain exceptions). The FOIA requires federal agencies to promulgate regulations, "specifying the schedule of fees applicable to the processing of requests"  and "establishing procedures and guidelines for determining when such fees should be waived or reduced". 5 U.S.C. § 552(a)(4)(A)(i).  

Just before Christmas last, the Securities and Exchange Commission proposed amendments to its FOIA rules to "(1) reflect changes required by the FOIA . . . and (2) clarify, update, and streamline the language of several procedural provisions".  Among other things, the SEC is proposing to add and clarify certain fee related definitions.  These changes may seem mundane, but the SEC's proposed definitions would add limitations not found in the FOIA itself.

Read more here.