July 17, 2019
Freedom of Information Act Fees for Government Information
The Freedom of Information Act (FOIA) establishes a
1. Commercial Use Requesters—where a request is
presumption that information in the possession of executive
made for information to further the commercial,
branch agencies and departments of the U.S. federal
trade or profit interests of the requester or person
government is accessible to the public. Under FOIA, the
on whose behalf the request is made;
burden of proof to access government information shifted
from a requester’s “need to know” to a “right to know”
2. Educational Institutions and Non-Commercial
doctrine, where the federal government has to show a need
Scientific Institution Requesters—where a request
to keep the information secret (H.Rept. 109-226). However,
is made on behalf of an institution for the purposes
federal agencies may recoup the costs of providing
of scholarly or scientific research not intended to
information to the public by assessing FOIA fees
promote any particular product or industry;
(hereinafter, fees).
3. Requesters Who Are Representatives of the News
This piece discusses what fees are used for, how fees are
Media—where a request is received from any
assessed, fee waivers, and payment of fees.
person actively gathering information about
current events or information that would be of
What Are the Fees Used for?
current public interest and has a reasonable
Created by the White House Office of Management and
expectation of being published; and
Budget (OMB) pursuant to FOIA, the Uniform Freedom of
Information Act Fee Schedule and Guidelines provides
4. All Other Requesters.
information on the use and assessment of fees. Fees
assessed for the duplication and receipt of government
Requesters who are members of the general public (who do
information reimburse the responding agency for costs
not typically meet the (1) commercial use, (2) educational
incurred in providing these services. Direct costs related to
and scientific institution, or (3) news media requester
providing these services include:
definitions) are furnished the first 100 pages of
reproduction of the information and the first two hours of
The salary cost of the employee searching for relevant
search time without charge. Commercial use requesters are
materials;
charged for the full direct costs, including reproduction
costs, while educational and non-commercial scientific
The searching costs of locating the material (for
institution requesters are only charged for reproduction
example, costs for staff time or computer search time);
costs over 100 pages.
The reproduction of the information on a reasonably
Uniform Freedom of Information Act Fee
usable media; and
Schedule and Guidelines
The review of information to determine whether it is
52 Federal Register 10019, March 27, 1987
exempt from mandatory disclosure.
Commercial Use Requesters: Charged for the ful direct
costs and reproduction costs;
Direct costs do not include overhead expenses of the
Educational Institutions, Non-commercial Scientific
agency for storing and maintaining the records.
Institutions, and News Media Requesters: Charged for
How Are the Fees Assessed?
only reproduction costs in excess of the first 100 pages;
Fees for government information are assessed on two
All Other Requesters: Charged for the direct costs
criteria: first, the type of requester asking for the
excluding review of information; first 100 pages and 2 hours of
information; and second, the type of information being
search time are free of charge.
sought. An information request fee is determined first by
the requester category, and then by selecting the particular
Selected Fees by Type of Information
fees for the types of information sought.
Common types of information that fall under this category
Fees by Category of Requester
include information on an individual, information in the
OMB provides information on the four categories of FOIA
pursuit of government benefits, and information on an
individual’s military service.
requesters. The category in which a requester is placed
determines the requester’s fee responsibility.
Information on an Individual. The Privacy Act of 1974
The four categories of requesters are:
governs the disclosure of information on an individual, and
only pertains to U.S. citizens and permanent residents. The
https://crsreports.congress.gov
Freedom of Information Act Fees for Government Information
act allows individuals to request an agency perform a
report, where an agency must report the number of fee
search for information in a system of records based on
waiver requests that were granted and denied.
identifiers such as their name or Social Security Number.
Generally, unless a request meets an exemption under 5
Further, DOJ guidance notes, “FOIA contains no provision
U.S.C. §552a(b), information may not be disclosed without
for reimbursement of fees if the requester is dissatisfied
the individual’s consent. An agency may only assess fees
with the agency’s response.”
for reproduction of such information. (5 U.S.C.
§552a(f)(5)).
Updated Guidelines for Media Requester Waivers
In 2007, Congress clarified the definition of requesters who
Military Records Fees. Military records fees depend on
are representatives of the news media through P.L. 110-
where the information is currently located, be it at the
175. Prior to the enactment of the 2007 law, DOJ noted that
Department of Defense (DOD), or the National Archives
the categorization of representatives of the news media was
and Records Administration (NARA). For more
the subject of a number of court FOIA opinions, often
information on the transfer of records, see CRS In Focus
deciding that plaintiffs were not news media requesters.
IF11119, Federal Records: Types and Treatments, by
Congress clarified and expanded the definition to include
Meghan M. Stuessy. Records of an individual who
freelance journalists and new forms of news delivery
separated from the military less than 62 years ago are under
through the Internet.
the purview of DOD, while those exceeding 62 years are
managed by NARA. The U.S. Code (10 U.S.C. §§1041-
The incentive for being classified as a news media requester
1042) prohibits DOD fees for providing certificates of
means that the requester may only be billed for the
service or discharge under certain conditions. NARA
reproduction of information in excess of the first 100 pages.
assesses reproduction fees as it would for any other types of
A narrow definition of a news media requester may mean
archival records under 44 U.S.C. §2116 and 44 U.S.C.
requesters could be assessed higher fees for information
§2307.
they intend to disseminate in the public interest.
Information for Pursuit of Government Benefits. In
Accompanying the 2007 legislation, H.Rept. 110-45
cases where NARA receives an agency’s records for
explained that the modifications were to clarify that
archiving, NARA guidance allows for the free furnishing of
“agencies may not deny fee waivers for legitimate
one copy of the required document free of charge (36
journalists solely on the basis of an absence of institutional
C.F.R. §1258.12). This provision does not automatically
associations of the requester” and that instead “agencies
apply to other agencies, though similar provisions may
must consider the prior publication history” and “stated
exist.
intent to distribute information to a reasonably broad
audience” when determining the requester’s eligibility.
Fee Waivers and Reductions
Furthermore, the statutory definition at 5 U.S.C.
FOIA provides for a waiver or reduction of fees for
§552(a)(4)(A)(ii) notes a requester may be considered a
information “if disclosure of the information is in the public
freelance journalist “whether or not the journalist is actually
interest because it is likely to contribute significantly to
employed by the [news] entity.”
public understanding of the operations or activities of the
government and is not primarily in the commercial interest
Payment of Fees
of the requester” (5 U.S.C. §552(a)(4)(A)(iii)).
In the event the responding agency anticipates the fees for
furnishing the information to be more than $25, the agency
The Department of Justice (DOJ) released policy guidance
will notify the requester in advance before proceeding with
for implementing this provision of FOIA (Department of
the request. At that time, the requester has the opportunity
Justice Guide to the Freedom of Information Act: Fees and
to accept the outlines of the search, or to work with the
Fee Waivers, 2014). To qualify for a fee waiver, a request
agency to narrow the scope of the request and thus reduce
must (1) be in the public interest, and (2) not be primarily in
costs. Under statute (5 U.S.C. §552(4)(v)), agencies are not
the commercial interest of the requester.
allowed to require pre-payment of the fees unless the fees
will exceed $250, or if the requester has previously failed to
In determining whether a request is in the public interest,
pay a fee in a timely fashion.
DOJ applies several factors, such as whether the request
discusses and contributes to an understanding of
Limitation on Agency Collection of Fees
identifiable government activities, and whether the request
OMB’s Uniform Freedom of Information Act Fee Schedule
would provide meaningfully informative material not
and Guidelines further limits an agency’s collection of fees
already in the public domain. In determining whether a
from any type of requester if the cost of collecting the fee
request is not primarily in the requester’s commercial
would be equal or greater than the fee itself. In assessing
interest, the value of the information to the public must
whether the cost of collection would exceed the fee,
outweigh possible commercial interests.
agencies are to consider the agency’s administrative costs in
receiving and recording receipt of the fee, and the cost for
Waiver Appeals Processes
processing the fee for deposit in the Treasury Department.
FOIA does not provide for a waiver appeals process in
statute; however, many agencies have processes either
Meghan M. Stuessy, Analyst in Government Organization
through agency regulation or practice. Information on fee
and Management
waiver requests may be found in an agency’s annual FOIA
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Freedom of Information Act Fees for Government Information
IF11272
Disclaimer
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Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
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https://crsreports.congress.gov | IF11272 · VERSION 1 · NEW