FOIA Terms of Art: Fee Requester Categories and Fee Waivers

The Office of Government Information Services (OGIS) offers dispute resolution services to Freedom of Information Act (FOIA) requesters and agencies. This function allows OGIS to observe and examine the interactions between requesters and agencies across the federal government, and note common questions and issues that arise in the FOIA process. The FOIA Ombuds Observer addresses questions and issues frequently seen in our individual cases. Our goal is to increase efficiency and transparency in the FOIA process.

FOIA Terms of Art: Fee Requester Categories and Fee Waivers

March 19, 2026
No. 2026-04

The Office of Government Information Services (OGIS) has observed that even the most  seasoned Freedom of Information Act (FOIA) requesters can conflate various terms of art used in the administration of FOIA, which can lead to confusion. This is one of four Ombuds Observers that explains FOIA terms of art that OGIS observes are often conflated. Knowing the definition of these terms can help everyone better understand and navigate the FOIA process. 

FOIA Fee Categories and Fee Waivers

When determining fees, all FOIA requests are placed in one of three requester categories, and there are different fee structures—and different requirements—associated with each. Fee waivers are different from fee categories. Regardless of the fee category assigned, a requester may ask for a fee waiver which, if granted, will reduce or waive fees entirely. Even the most experienced FOIA requesters may find these distinctions confusing.

Requester Categories

FOIA divides requesters into three categories for fee purposes:

• Commercial use requesters—those who seek records for a commercial or profit-making purpose.
• Educational institutions, noncommercial scientific institutions, and representatives of the news media— requesters who seek records for educational, scientific, or news-gathering purposes.
• All other requesters—requesters who do not fall into either of the first two categories.

When determining fees, all FOIA requesters are placed in one of these three requester categories, and there are different fee structures—and different requirements—associated with each. Fee waivers are different from fee categories. Regardless of the fee category an agency assigns, a requester may ask for a fee waiver which, if granted, will reduce or waive fees entirely. 

FOIA fees are determined based on the category in which the requester is placed and the costs of processing the FOIA request. 

There are three types of fees:

1. Search: Time spent searching for and retrieving records or information responsive to a request.
2. Review: Time spent reviewing records line-by-line to determine if they can be released
3. Duplication: The direct cost of copying records, including paper or electronic copies, to be released to the requester.

The intersection of the two—requester categories and fee types— is summarized in the following table:

FOIA waives or reduces the fee “if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.”

To meet this standard, requesters need to supply the agency with information to show how their request meets analytical factors as outlined in the agency FOIA regulations, such as:

• the requested records must concern identifiable “operations or activities of the government;”
• the portions of the requested records to be disclosed must be a meaningful addition to the information already in the public domain and the requester intends to publish/distribute them to further the public interest; 
• the disclosure must contribute “significantly” to the public understanding of government operations or activities, not just a requester’s individual understanding; 
• the request must not further the commercial interests of the requester (however, FOIA requests for newsgathering purposes are generally not considered to be furthering the commercial interest of a requester); and 
• the public interest in the disclosure is greater than the requester’s commercial interest.

It may be helpful to note that for a fee waiver:

• Inability to pay is not a consideration.
• FOIA contains no provision for reimbursement of fees if the requester is dissatisfied with the agency’s response.
• Journalists do not automatically qualify for a fee waiver; they must still meet the factors outlined above.

The U.S. Department of Justice Office of Information Policy advises agencies that they should:

• Not use fees to discourage requesters from exercising FOIA rights.
• Communicate clearly about fee estimates and explain how they were calculated.
• Work with requesters to narrow or modify requests to reduce costs.