What fees can be charged for processing a FOIA request? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.
Details / How it works
Components charge for processing FOIA requests in accordance with 28 CFR 16.10 and the OMB Guidelines. The three fee categories are search, duplication, and review. Search fees cover time spent looking for and retrieving responsive records; duplication fees cover copying; review fees cover examining located records to determine whether exemptions apply. Requesters must pay by check or money order made payable to the Treasury of the United States, and components ordinarily collect all applicable fees before sending copies.
Numbers & thresholds
| Fee type | Rate |
|---|---|
| Search — professional personnel | $10.00 per quarter hour |
| Search — clerical/administrative personnel | $4.75 per quarter hour |
| Duplication — photocopies | $0.05 per page |
| Duplication — tapes, disks, or other media | Direct costs of producing the copy, including operator time |
| Review (commercial use only) | Same rates as search (per quarter hour) |
| Free: first two hours of search | $0 |
| Free: first 100 pages of duplication | $0 |
| No fee charged if total ≤ $25.00 | $0 |
| Advance payment may be required if total fee exceeds | $250.00 |
| Notice of anticipated fees required if total exceeds | $25.00 |
Exceptions & edge cases
No search fees are charged to educational institutions, noncommercial scientific institutions, or representatives of the news media (unless the educational institution seeks records for a commercial use). No search or review fees are charged for a quarter-hour period unless more than half of that period is required. If a component fails to meet FOIA time limits, it generally may not charge search fees (or duplication fees for the exempted categories), subject to the unusual-circumstances and exceptional-circumstances exceptions in 28 CFR 16.10(d). Components may aggregate multiple requests within a 30-day period if a requester appears to be dividing a single request to avoid fees.
Sources
- [1]U.S. Government Publishing Office / Department of Justice — 28 CFR 16.10 — Fees charged for FOIA requests · as of 2026-08-27
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