Each agency sets up its own fees to cover search and copying costs for FOIA and FOIL requests. You may want to consult the agency to determine what fees will apply to you.

For a federal FOIA request, as long as you are a non-commercial requester, you will likely have to pay costs for searches that exceed 2 hours and duplication costs for more than 100 pages. In your request, you should state that you are not making the request for commercial purposes. If you plan to use the documents for litigation, however, you may not qualify as a non-commercial requester.

For a state FOIL request, an agency may charge up to 25 cents per page of copied materials but cannot charge for inspection, certification, or search for records. You have the right to inspect accessible records at no charge, so long as no part of the record is exempt from FOIL.

Under the federal FOIA law (but not under the state FOIL law), you may request a fee waiver. Fee waivers are granted if the requester can show that disclosure of the requested information is in the public interest and is likely to contribute significantly to public understanding of the government's activities and operations. If you ask for a fee waiver, you should reiterate that you are not requesting the information for a commercial purpose and should explain how the documents will serve the public interest and further public understanding of specific government activity. Our sample FOIA request contains suggested language for a Spy Files FOIA request fee waiver.

Inability to pay fees is not a recognized basis for a fee waiver. However, agencies are generally more likely to waive fees for smaller requests, so you may avoid fees by keeping your request as narrow as possible.

You may always specify in your letter a maximum amount you are willing to pay, or request that the agency inform you if fees will exceed any amount you specify.

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