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Fees & Fee Waivers

When agencies can charge, what they can charge for, and how to pay nothing.

The four fee categories

Every requester is assigned to one of four categories. The category determines what kinds of fees the agency can charge.

CategorySearchReviewDuplication
Commercial use
Used for business / profit.
✓ Charged✓ Charged✓ Charged
Educational / scientific
Affiliated with a non-profit educational/scientific institution; non-commercial use.
First 100 pages free, then ✓
News media
Journalists, freelancers, documentarians, publishers.
First 100 pages free, then ✓
All other
Default category — everyone else.
First 2 hours free, then ✓First 100 pages free, then ✓

Even before any waiver, most casual requests cost nothing because they fit within the "first 2 hours of search and first 100 pages free" allowance for the default category.

The three fee types

  • Search: staff time to locate responsive records. Usually $10–$80/hour depending on the staff grade required. The agency must explain this rate.
  • Review: only chargeable to commercial requesters. The time agency staff spend determining what can be released vs. redacted.
  • Duplication: typically $0.10–$0.25 per page for paper. Always request electronic delivery — it's free or nearly so.

Fee waivers (the standard you must meet)

A fee waiver is governed by 5 U.S.C. § 552(a)(4)(A)(iii). To qualify, you must show:

  1. Disclosure is in the public interest — it will contribute significantly to public understanding of government operations or activities.
  2. You have no commercial interest in the records.

"Public interest" is interpreted broadly. You don't need to be a credentialed journalist; an independent researcher publishing on a blog or substack can qualify. The key is documented intent to disseminate.

Fee waiver template

Paste this into the body of your request. Fill in the bracketed fields.

I request a waiver of all fees for this request under 5 U.S.C. §
552(a)(4)(A)(iii). Disclosure of the requested records is in the
public interest because it will contribute significantly to public
understanding of the operations or activities of the government, and
the disclosure is not in my commercial interest.

Specifically, I am [a journalist preparing an article for [outlet] /
an academic researcher at [institution] / an independent researcher
preparing materials for educational publication / a non-commercial
public-interest organization]. I intend to disseminate the information
through [outlet / publication / website / report].

The records I have requested relate to [topic and its public
significance]. The public has a clear interest in understanding
[specific issue], and these records would meaningfully contribute to
that understanding by [explain how].

I have no commercial interest in the requested records.

Cap fees as a backup

Always include a fee cap, even if you're requesting a waiver. If the waiver is denied, the cap prevents the agency from running up charges without your consent.

If processing fees exceed $25.00, please contact me before incurring
additional charges. I am willing to commit to fees up to $25.00.

If fees are charged anyway

  • Ask for an itemized estimate — agencies must explain the basis for their fees.
  • Narrow the request — strip date ranges or offices that aren't critical.
  • Negotiate the fee category — if you've been assigned to "all other" but qualify as "news media" or "educational," appeal the category determination.
  • Appeal the fee determination — same process as appealing a substantive denial.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Consult an attorney for FOIA litigation or appeals involving complex legal questions.

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