FOIA Reference Guide
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.
What do I include in my FOIA request?
1. Clearly state that you are requesting documents under the Freedom
of Information Act.
2. Regardless of whether you make your request by mail, fax, or
e-mail, please provide your mailing address. It also helps to include
your daytime telephone number in case staff need to contact you for clarification
about your request.
3. Be as specific as possible about the records you are requesting.
(NOTE: The FOIA does not require agencies to create new records; therefore,
please be sure you are requesting existing records.) Include information
such as the subject matter and date and any other information that will
help us search for documents.
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 |
Are there some documents I may not be able to obtain upon request?
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.
Will I be charged a fee for processing a FOIA request?
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. |
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.
|
indicate a
document is in the 