FMM_2_12_5_FOIAFees_051509.pdf

TSA Financial Management Manual May 15, 2009

Part 2 - Chapter 12, Section 5 1

FREEDOM OF INFORMATION ACT COLLECTIONS

1. PURPOSE

This policy establishes procedures for the collection and accountability of funds received in response to requests for information pursuant to the Freedom of Information Act (FOIA), Title 5 of the United States Code, section 552 (5 U.S.C. 552).

2. POLICY REFERENCES

• 5 USC §552, Freedom of Information Act – directs all agencies of the United States government to disclose records upon receiving a written request for them, except for those records that are specifically exempted from disclosure under the statute. The federal FOIA does not provide access to records held by state or local government entities or by private businesses or individuals.

• 6 CFR 5.11, Freedom of Information Act Fees – directs the collection of fees for FOIA services provided.

3. DEFINITIONS

• Demand/Dunning Letter

- A formal written notification of a debt or delinquent accounts receivable. The letter must include a description of the debt, when any interest, penalty, or administrative fees will be assessed, and a TSA contact POC. In the event of a non-response, subsequent letters will be sent at specific intervals advising the addressee of the accrued dollar amounts of interest, penalty, or administrative fees that have begun accruing.

FINCEN

– The U.S. Coast Guard Finance Center (FINCEN) is the accounting service provider for TSA.

Lockbox

4. RESPONSIBILITIES

– A collection and processing service offered by financial institutions to accelerate the flow of funds to a Treasury General Account. The offered service includes collecting the mail from a specified post office box; sorting, totaling, and recording the payments; and making the deposits. The financial institution forwards copies of all documentation to TSA accounting service provider for posting the collections into the TSA accounting system.

The TSA FOIA Office, the Office of Financial Management (OFM) Accounting Branch, and FINCEN each have a responsibility in the collection of FOIA fees.

• The TSA FOIA Office has the primary responsibility of issuing the requestor a collection letter. This letter will identify the amount the requestor owes, a unique FOIA case number, and deposit instructions. A copy of the letter is provided to FINCEN.

• The OFM Accounting Branch has general oversight responsibilities to ensure the deposited collections are posted to the correct TSA accounting code.

TSA Financial Management Manual May 15, 2009

Part 2 - Chapter 12, Section 5 2

• The TSA accounting service provider ensures the TSA Lockbox items are posted accurately and timely to the TSA accounting system.

5. PROCEDURES

A. TSA FOIA Office

The FOIA Office will prepare a collection letter to be sent to the requestor that states the amount owed by the requestor. The letter will instruct the requestor to reference the assigned FOIA case number on the remittance and to mail the remittance and a copy of the FOIA letter to the TSA Lockbox. The Lockbox addresses are:

Normal First Class Mail Express Mail Service (FedEx, UPS, etc.)

United States Department of Homeland Security Transportation Security Administration P.O. Box 530262 Atlanta, GA 30353-0262

Bank of America United States DHS/TSA Lockbox Number 530262 1075 Loop Road Atlanta, GA 30337-6002

A copy of the collection letter is forwarded to the TSA accounting service provider and the OFM Accounting Branch.

In the event a requestor forwards a fee remittance to the TSA FOIA Office, the check will be immediately forwarded to the TSA Lockbox for deposit.

B. OFM ACCOUNTING BRANCH

The OFM Accounting Branch utilizes the copy of the FOIA letter while conducting its oversight role. Periodically, the OFM Accounting Branch will create an accounts receivable report in order to ensure the FOIA delinquency rate is not increasing and collections are being accurately posted. This report will be provided to the TSA FOIA Office.

C. TSA ACCOUNTING SERVICE PROVIDER

The TSA accounting service provider utilizes the copy of the FOIA letter to establish an accounts receivable using the TSA Receipt Naming Convention.

Remittances received via the TSA Lockbox will be posted against the applicable accounts receivable. If a deposit cannot be readily applied, the TSA accounting service provider will coordinate with the TSA FOIA Office to ensure the correct accounts receivable is posted.

As required, demand/dunning letters will be issued to delinquent accounts. A listing of delinquent accounts will be provided to the TSA FOIA Office.