Which FOIA requester category do I fall into, and how do commercial, news media, educational, and 'all other' fees actually differ?

Under the federal Freedom of Information Act (FOIA), every requester is placed into a fee category that determines which costs an agency may charge. Knowing your category before you file helps you anticipate fees and frame your request well.

The four fee categories

• Commercial use. Requests made to further a business or trade interest (for example, market research or due diligence). This category may be charged for search time, document review, and duplication, making it the most expensive.
• News media. Requesters who gather information to distribute to the public through a news outlet. They are charged only for duplication, and the first 100 pages are typically free.
• Educational and noncommercial scientific institutions. Requests tied to scholarly research at a recognized school or institution, not for commercial gain. Charged only for duplication, with a standard free-page allowance.
• All other requesters. The default category for individuals and most members of the public who do not fit the others. Charged for search time and duplication, but usually with free search time and free pages built in.

Which category am I in?

Ask yourself why you want the records. If it serves a business interest, you are likely commercial. If you are a journalist or work for a news organization, you are news media. If the request supports academic research, you may qualify as educational. Everyone else, including private citizens seeking records for personal reasons, falls under all other requesters.

A note on fees and waivers

The category sets which fees apply; the actual amounts come from each agency’s published fee schedule. Many agencies waive small charges, and you can request a fee waiver if disclosure is in the public interest and not primarily for commercial benefit. State agencies are not covered by the federal FOIA at all, and state public-records laws set their own categories, fees, and timelines, which vary widely.

Agencies generally have 20 business days to respond to a federal FOIA request, though fee disputes or large volumes can extend processing.

For more background, see our overview at /topics/foia-public-records/. When in doubt about your category, state your purpose clearly in the request itself so the agency can classify you correctly.