The U.S. Census Bureau

Bureau of the Census FOIA OfficeBureau of Census Seal

 

Freedom of Information Act (FOIA) requests regarding Census Bureau records are handled through the Office of Analysis and Executive Support (Policy Office). The FOIA staff are responsible for reviewing, coordinating, and responding to requests coming to the Census Bureau that request records under the FOIA and Privacy Act (PA).

 

 


FOIA

The Freedom of Information Act (FOIA) 5 U.S.C. Sec. 552 was enacted in 1966 so that any individual or organization would have access to government records, unless the records are protected by one of nine FOIA Exemptions (link to Department of Commerce website), or by one of three special law enforcement record exclusions. FOIA does not apply to records held by Congress, Federal Courts, state and local governments, private businesses, schools, private organizations, or private individuals.

Contact Information

FOIA staff are located in room 8H027 at the Suitland Federal Complex in Suitland, MD. 

Toll Free telephone # is 1-888-206-6463. 

Write to:

Mary C. Potter, FOIA Officer
U.S. Census Bureau , Room 8H027
Washington, DC 20233-3700 

For Hand Delivery or Federal Express mail to:

Mary C. Potter, FOIA Officer
U.S. Census Bureau, Room 8H027
4600 Silver Hill Road
Suitland, MD   20746

Fax to:    FOIA Officer
(301) 763-6239

E-mail: FOIA Staff

How to File a FOIA Request

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 copy of your request, you may need to refer to it for further correspondence with the agency.

Sample FOIA Request Letter

Date

Freedom of Information Act Request

Mary C. Potter, FOIA Officer
(select appropriate address information above depending on the manner of delivery)

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
Address

FOIA Fees

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 $20 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

1. Commercial Use Requesters

Search, Review and Duplication

2. Educational and Non-commercial    Scientific Institutions Requesters

Duplication (excluding the cost of the first 100 pages)

3. Representative of the News Media  

Duplication (excluding the cost of the first 100 pages)

4. 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:
(iv) Review of records (including redaction)

Actual salary rate of employee conducting review, plus 16 percent of salary rate.

Waiver or Reduction of Fees

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 (link to Government Printing Office website)

Response Time

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.

Expedited Processing

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.

Appeals

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. 

The letters PDF or symbol Adobe PDFindicate a document is in the Portable Document Format (PDF). To view the file you will need the Adobe® Acrobat® Reader, which is available for free from the Adobe web site.

Source: U.S. Census Bureau, Policy Office, FOIA and Information Branch



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Page Last Modified: June 6, 2008