In your letter, ask that the agency notify you in advance if your records request will incur fees to process, and if so, what they are. You can also request a fee waiver, which we go into more detail in the “Fee waivers” section below.
While there is no fee to submit a FOIA request, the statute does permit charging fees for some services relating to the fulfillment of FOIA records requests (5 U.S.C. § 552(a)(4)(A)(i)). Agencies may charge “reasonable” fees for the “direct” costs of searching for and copying records, unless you are entitled to a fee waiver or fee benefit. Typically there’s no fee for the first 100 pages of records and the first two hours of searching.
You may want to include in your request the amount you are willing to pay in fees, or to be notified if fees incurred will be above a certain threshold. Note that if you agree to pay fees incurred, you will likely have to pay them even if few or no documents are located in response to your request or if the records are exempt from disclosure.
Fee waivers
You can request a waiver or reduction of fees. The law specifies the reasons that can qualify for a reduction or waiver of fees.
The four categories of requestors and corresponding fee provision guidelines set out by the FOIA Reform Act of 1986 are:
- Commercial use requesters must pay fees for document search, duplication and review
- Non-commercial requesters from educational or scientific institutions pay no search fees and receive 100 pages of free duplication
- Representatives of the news media pay no search fees and receive copies of 100 pages free
- All other requesters receive two hours of search time and copies of 100 pages free
Intended use of records
State in your request letter that records you obtain will be made available to the general public and that it will not be used for commercial purposes.
Method of delivery
Specify in your request letter the format you want to receive records in, and where to send them. For example, if you want the records emailed, be sure to provide the email address you want records to be emailed to. If you want physical copies or a CD, state that and provide a mailing address. Alternatively, you can provide the agency with a telephone number where you can be notified that the records are available for you to pick up in person.
Submit your records request
Double-check that you have included all the elements above, and submit your records request via an agency’s online portal, via email, or by mail. Make a note of the date of your submission so you can keep track of the process and follow up as needed.