A FOIA request can be made for any agency record that is not publicly available. Describe as best as possible the records you are requesting. In your description include information such as the date and place the records were created, the file descriptions, subject matter, persons involved, and other pertinent details that will help identify the records. Please be aware that the FOIA does not require agencies to answer questions, or to create records to respond to a request.
FOIA requests must be in writing. Please include a mailing address, and a daytime telephone number so we may contact you if necessary. Keep a of your request, you may need to refer to it for further correspondence with the agency.
Date Freedom of Information Act Request Mary C. Potter, FOIA Officer Dear Ms. Potter: Under the Freedom of Information Act, 5 U.S.C. § 552, I am requesting copies of [identify the records as clearly and specifically as possible, specifying dates and record location if possible]. If there are any fees for searching or copying the records, please let me know before you fill my request. [Or, please supply the records without informing me of the cost if the fees do not exceed $______, which I agree to pay.] If you deny all or any part of this request, please cite each specific exemption you think justifies your withholding of information. Notify me of appeal procedures available under the law. Optional: If you have any questions about handling this request, you may telephone me at ___________ (home phone) or at ___________ (office phone). Sincerely, Name |
It is the policy of the Census Bureau to make records available to the public to the greatest extent possible, in keeping with the spirit of the FOIA, while at the same time protecting sensitive information that may be withheld under one of the FOIA's exemptions. The FOIA exempts certain types of records from disclosure pursuant to nine specified exemptions, and it is sometimes necessary to apply one or more of these exemptions when responding to a request. For example, exemption b(3) exempts from disclosure under FOIA records that are protected by statute. When the Census Bureau collects information from individuals or businesses during its censuses or surveys, the Census Bureau is required by law to maintain the confidentiality of the records. Therefore, any request for such information that is required by law to be kept confidential would be denied, citing exemption b(3). For a discussion of all nine FOIA exemptions, please visit the Commerce Department's website.
A fee is not charged if the charges for processing the request are less than or equal to the cost of routine collection and processing of the fee. Therefore, if the total of charges due for processing a request is $25 or less, no fee will be charged. If the estimated fee for search or duplication charges exceed $25 the requester shall be notified, unless the requester has stated in the FOIA request an amount sufficient to cover the estimated fees. The following is a chart of the four specific categories and chargeable fees:
| Category | Chargeable Service |
|---|---|
| Commercial Use Requesters | Search, Review and Duplication |
| Educational and Non-commercial Scientific Institutions Requesters | Duplication (excluding the cost of the first 100 pages) |
| Representatives of the News Media | Duplication (excluding the cost of the first 100 pages) |
| All Other Requesters | Search and Duplication (excluding the cost of the first 2 hours of search and 100 pages) |
The Census Bureau, under 15 C.F.R. 4.11(c)(1) and (c)(2), applies the following fee schedule:
| Service | Rate |
|---|---|
| (i) Manual Search | Actual salary rate of employee involved, plus 16 percent of salary rate. |
| (ii) Computerized search | Actual direct cost, including operator time. |
| (iii) Duplication of records: (A) Paper copy reproduction |
$.16 per page |
| (iii) Duplication of records: (B) Other reproduction (e.g., computer disk or printout, microfilm, microfiche, or microform). |
Actual direct cost, including operator time. |
| (iii) Duplication of records: (C) Review of records (including redaction) |
Actual salary rate of employee conducting review, plus 16 percent of salary rate. |
Documents shall be furnished without charge, or at reduced charges if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government, and is not primarily in the commercial interest of the requester. 15 CFR § 4.11 (k)
For additional information on FOIA Fees go to: Sec 4.11 Fees [PDF 62k]
Under FOIA, you have a right to a response within twenty business days excluding Saturdays, Sundays and legal holidays. The period begins on the day the request is actually received by the FOIA office which maintains the records requested. Census makes every effort to meet this time frame, however, under certain circumstances, this period may be extended up to 30 business days. Agencies are allowed an additional ten business days when: (1) they need to collect responsive records from field offices; (2) the request involves a "voluminous" amount of records which must be located, compiled, and reviewed; or (3) if an agency must consult with another agency which has a substantial interest in the responsive document. When an extension is needed, the requester may be notified and offered the opportunity to modify or limit their request.
You may be entitled to an expedited response of less than 20 days. A FOIA request may receive "expedited" treatment in cases where there is a threat to someone's life or physical safety; the requestor is primarily engaged in disseminating information and has established that the request is urgently needed to inform the public concerning some actual or alleged government activity; or where an individual will suffer the loss of substantial due process rights if the records are not processed on an expedited basis.
You have the right to appeal a denial or partial denial of the FOIA request. An appeal must be received within 30 calendar days of the date of the response letter by the Assistant General Counsel for Administration (Office), Room 5898-C, U.S. Department of Commerce, 14th and Constitution Avenue, N.W. Washington, D.C. 20230. Your appeal may also be sent by e-mail to FOIAAppeals@doc.gov or by facsimile (fax) to 202-482-2552. The appeal must include a copy of the original request, the response to the request and a statement of the reason why withheld records should be made available and why denial of the records was in error. The submission (including e-mail and fax submissions) is not complete without the required attachments. The appeal letter, the envelope, the e-mail subject line, and the fax cover sheet should be clearly marked "Freedom of Information Act Appeal." The e-mail, fax machine, and Office are monitored only on working days during normal business hours (8:30 a.m. to 5:00 p.m., Eastern Time, Monday through Friday). FOIA appeals posted to the e-mail box, fax machine or Office after normal business hours will be deemed received on the next normal business day.
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