Under the FOIA, OPM is allowed to recover some of the costs incurred for processing a request. Fees are accessed based on three general categories of FOIA requesters. The FOIA provides specific levels of fees for each category. The requester fee categories assist OPM in determining the fees charged for FOIA requests. You may identify yourself as any one of the three categories. However, OPM retains the final determination of your fee category. In the event our determination does not match what you elected, OPM will advise you of this determination and provide you with a fee estimate for your specific FOIA request. Below is a brief list and description of the three categories.
The FOIA Identifies three categories of FOIA requesters
| Commercial User Requester |
seek information for a use or purpose that furthers commercial, trade, or profit interests. These requesters are assessed charges which recover the full direct costs of searching, reviewing, and duplicating the records sought. |
Educational, Non-commercial
Scientific Institution Requesters and
Representatives of the News Media |
are not seeking records for commercial use or represent the news media actively gathering information for an entity that is organized and operated to publish or broadcast news to the public. These requesters are billed for duplication costs. The first 100 pages are free. |
| All Others |
are those who do not fit into one of the above categories. These requesters are charged fees to recover the full direct cost of searching for and duplicating records. The first 100 pages and the first two hours of search time are free. |
| OPM follows the DOJ FOIA Regulations for fee determinations. |
A fee table is provided below as a reference for your convenience.
| Categories |
Search Fees |
Review Fees |
Duplication Fees |
| |
|
|
|
| Commercial Use |
Yes |
Yes |
Yes |
| Educational Institution, Non- commercial Scientific Institution requesters and representatives of the News Media |
No |
No |
Yes (100 pages free) |
| All Others |
Yes (2 hours free) |
No |
Yes (100 pages free) |
Fee Waivers
If you would like to request a fee waiver, please address the following factors required under 5 C.F.R. § 294.109(f)(1) and (2):
- The subject of the request: Whether the subject of the requested records concerns the operations or activities of the Government;
- The information value of the information to be disclosed: Whether the disclosure is likely to contribute to an understanding of Government operations or activities;
- The contribution to an understanding of the subject by the general public likely to result from disclosure: Whether disclosure of the requested information will contribute to public understanding;
- The significance of the contribution to public understanding: Whether the disclosure is likely to contribute “significantly” to public understanding of Government operations or activities;
- The existence and magnitude of a commercial interest. Whether the requester has a commercial interest that would be furthered by the requested disclosure; and, if so -
- The primary interest in disclosure. Whether the magnitude of the identified commercial interest of the requester is sufficiently large, in comparison with the public interest in disclosure, that disclosure is “primarily in the commercial interest of the requester.”