FOIA fee waiver criteria

Both conditions must be met: disclosure must be in the public interest because it is likely to contribute significantly to public understanding of government operations or activities, and disclosure must not be primarily in the requester’s commercial interest. See 2201.9(a).

• The first condition focuses on public benefit and enhanced understanding of government activity.
• The second condition requires that any private commercial gain is not the main purpose of disclosure.

Reference: 2201.9(a).

The subject concerns government operations if the requested records are about what the agency does, how it runs programs, or how it makes decisions — in short, information that explains agency activities. See 2201.9(a)(1).

• Examples include records about agency policies, program performance, rulemaking, enforcement actions, or internal procedures.
• Routine personal or private records that do not explain agency operations generally do not satisfy this factor.

Reference: 2201.9(a)(1).

It means the disclosure should substantially improve public knowledge about government operations rather than provide only marginal or trivial information. See 2201.9(a)(2).

• The requester should show how the records will be used to inform the public (e.g., articles, reports, briefings) and why that use would increase public understanding.
• Vague statements or personal curiosity that do not explain how the public will benefit are less persuasive.

Reference: 2201.9(a)(2).

A commercial interest is any private financial or business benefit the requester expects to gain from the disclosure, and if that interest is the primary reason for the request, it can prevent a waiver. See 2201.9(a)(3).

• Examples of commercial interests include using the records to develop products for sale, to gain a competitive business advantage, or to promote services for profit.
• Even if a requester has some commercial interest, a waiver can still be granted if the public-interest benefit outweighs the magnitude of the commercial benefit.

Reference: 2201.9(a)(3).

If the intended use is unclear or there is reasonable doubt, the FOIA Disclosure Officer may ask the requester for clarification before assigning a fee category. See 2201.9(a).

• The officer will give the requester an opportunity to explain how the records will be used and to show that the requester meets the waiver conditions.
• Clarifying the intended use helps the officer determine whether disclosure serves the public interest or primarily benefits a commercial interest.

Reference: 2201.9(a).

A partial waiver may be granted in exceptional cases where fulfilling the request would impose an exceptional burden or require an exceptional expenditure of agency resources, and the request only minimally satisfies the public-interest requirement. See 2201.9(b).

• Partial waivers are the exception, not the rule, and are considered when total waiver would be unfair due to resource strain.
• The officer must balance the limited public benefit against the exceptional cost to the agency.

Reference: 2201.9(b).

Yes; when the two conditions are satisfied, the FOIA Disclosure Officer will ordinarily waive all fees. See 2201.9(b).

• Ordinary means full fee waivers are the default outcome when disclosure strongly serves the public interest and is not primarily commercial.
• Only in exceptional circumstances, such as exceptional resource burdens, will the officer consider limiting the waiver.

Reference: 2201.9(b).

A requester should provide specific, concrete information showing how the records will significantly inform the public about government activities and why the requester is not primarily motivated by commercial gain. See 2201.9(a).

• Examples of useful evidence: an outline of planned public dissemination (e.g., news article, report, public forum), sample work product showing public-facing use, and a statement addressing any commercial ties.
• If the requester has potential commercial interests, provide information that demonstrates the public benefit outweighs the commercial interest per 2201.9(a)(3).

Reference: 2201.9(a).

Yes, a requester with a commercial interest can still receive a waiver if the public interest in disclosure outweighs the magnitude of the requester’s commercial interest and disclosure is not primarily commercial. See 2201.9(a)(3).

• The officer compares the size of the requester’s commercial benefit to the public benefit from disclosure.
• If the commercial benefit is small relative to the public benefit, a waiver is still appropriate.

Reference: 2201.9(a)(3).

If disclosure is primarily in the requester’s commercial interest, the FOIA Disclosure Officer will not waive fees. See 2201.9(a).

• The officer evaluates whether the requester’s commercial gain is the predominant purpose and denies a waiver when that is the case.
• Requesters with demonstrable commercial motives should expect to pay applicable fees unless they can show the public interest predominates.

Reference: 2201.9(a).

Yes, the FOIA Disclosure Officer must afford the requester the opportunity to show that they meet the two conditions for a fee waiver. See 2201.9(a).

• This means the officer should notify the requester and allow clarifications or supporting information before making a fee decision.
• The requester should respond promptly with evidence demonstrating public-interest use and addressing any commercial interest.

Reference: 2201.9(a).

The officer may consider whether the subject concerns government operations, whether disclosure will significantly increase public understanding, and whether the requester has a commercial interest and its magnitude. See 2201.9(a)(1), 2201.9(a)(2), and 2201.9(a)(3).

• The officer balances these factors to determine whether the public interest outweighs private benefit.
• Additional context or documentation from the requester can influence how these factors are applied.

Reference: 2201.9(a)(1), 2201.9(a)(2), 2201.9(a)(3).

No, nonprofit organizations and news outlets are not automatically entitled to a waiver; they must still show that disclosure will significantly contribute to public understanding and is not primarily for commercial gain. See 2201.9(a).

• Media and non-profits often have public dissemination goals, which can support a waiver, but the officer will evaluate the actual likely public benefit.
• If the outlet or nonprofit has commercial ties or intends to derive significant private gain, that may reduce the chance of a waiver under 2201.9(a)(3).

Reference: 2201.9(a).

If the request would require an exceptional expenditure of agency resources or impose an exceptional burden, the FOIA Disclosure Officer may grant only a partial fee waiver even if the public-interest test is minimally satisfied. See 2201.9(b).

• Expect the officer to explain which portion of fees are necessary due to resource demands.
• To improve chances, narrow the request to reduce burden or clarify why disclosure still serves a strong public interest.

Reference: 2201.9(b).

A requester should show specific plans for public distribution and explain how the records will inform the public about government operations in a meaningful way. See 2201.9(a)(2).

• Provide details such as the intended audience, the format of dissemination (e.g., published article, public report), and how the records will clarify agency actions or policies.
• General statements of interest or vague intentions are less persuasive than concrete dissemination plans.

Reference: 2201.9(a)(2).

No, personal curiosity alone does not meet the public-interest standard; the requester must show the disclosure will likely contribute significantly to public understanding of government operations. See 2201.9(a).

• Requests motivated solely by private interest, without public dissemination or clear public benefit, generally will not qualify for a waiver.
• The FOIA officer may request clarification to determine whether the interest is personal or public-focused.

Reference: 2201.9(a).

No, the FOIA Disclosure Officer may seek clarification about the requester’s intended use before assigning the request to a specific fee category. See 2201.9(a).

• This step helps ensure the fee category matches the requester’s purpose and whether a waiver may be appropriate.
• Requesters should promptly respond to such inquiries with clear explanations to avoid unnecessary fees.

Reference: 2201.9(a).

Yes, requesters should explain their intended use because the FOIA Disclosure Officer may seek clarification to determine whether the waiver criteria are met. See 2201.9(a).

• A clear explanation of intended public dissemination and lack of primary commercial purpose strengthens a waiver request.
• If the intended use is unclear, the officer may withhold a waiver decision until the requester provides clarification.

Reference: 2201.9(a).

The officer weighs the size and likelihood of the requester’s commercial benefit against the expected public benefit; if the commercial interest is larger and primary, a waiver is denied. See 2201.9(a)(3).

• Considerations include how much revenue or competitive advantage the requester would gain and how much the public would learn about government operations.
• If the public benefit clearly exceeds any private gain, the waiver may still be granted.

Reference: 2201.9(a)(3).

No, media organizations are not automatically entitled to fee waivers solely because they are the press; they must demonstrate that disclosure will likely contribute significantly to public understanding and is not primarily commercial. See 2201.9(a) and 2201.9(a)(2).

• The officer will evaluate the specific request and the media outlet’s plan to disseminate the information to the public.
• Commercial activities tied to the outlet (e.g., subscription paywalls, product sales) may affect the officer’s decision under 2201.9(a)(3).

Reference: 2201.9(a).