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fees still to be paid by the requester, he shall be notified that upon payment the records will immediately be made available.

(5) Only the Associate Director for Administration has been authorized to make initial denials of requests for records. A reply initially denying, in whole or in part, a request for records shall be in writing, signed by the Associate Director for Administration and it shall include:

(i) A reference to the specific exemption or exemptions of the Act authorizing the withholding of the records, stating briefly why the exemption applies and, where relevant, why a discretionary release is not appropriate.

(ii) The name and title or position of each official responsible for

the denial.

(iii) A statement of the manner in which any reasonably segregable portion of a record shall be provided to the requester after deletion of the portions which are determined to be exempt.

(iv) A brief statement to the right of the requester to appeal the determination, and the address to which the appeal should be sent, in accord with $ 60.9(a) and (b).

(6) The Office of the General Counsel of the Department shall be consulted before an initial denial of a request for records is issued and a copy of each initial denial shall be provided to the Assistant General Counsel for Administration of the Department of Commerce.

(b) An appeal shall be addressed to the Director, Bureau of the Census, Washington, D.C. 20233. Both the appeal envelope and the letter shall be clearly marked "Freedom of Information Appeal” or “Appeal for Records” or the equivalent. An appeal not addressed and marked as provided herein will be so marked by the Bureau personnel when it is so identified, and will be forwarded immediately to the proper addressee. An appeal incorrectly addressed will not be deemed to have been "received" for poses of the time period for appeal set forth in 5 U.S.C. 552(a)(6), until the earlier of the time that (1) forwarding to the Director has been effected, or (2) such forwarding would have been effected with the exercise of due diligence by Bureau personnel. In each instance when an appeal is so forwarded, the Director shall notify the requester that the appeal was improperly addressed and of the date the appeal was received by that official.

(c) The Director, Bureau of the Census, shall act upon an appeal within 20 days (excluding Saturdays, Sundays and legal public holidays) of its receipt, unless an extension of time is made in unusual circumstances, when the time for action may be extended up to 10 days (excluding Saturdays, Sundays and legal public holidays) minus any days of extension granted at the initial request level. A notice of such extension shall be sent to the requester, setting forth the reasons and the date on which a determination of the appeal is expected to be sent. As used in this paragraph, “unusual circumstances” are defined in § 60.8(b)(2).

(d) If a decision on appeal is to make the records available to the requester in part or in whole such records shall be promptly made available for inspection and copying as provided in § 60.5.

(e) If no determination of an appeal has been sent to the requester within the 20-day period or the last extension thereof, the requester is deemed to have exhausted his administrative remedies with respect to such request, giving rise to a right of judicial review as specified in 5 U.S.C. 552(e)(4). When no determination can be sent to the requester within the applicable

8 60.9 Appeals from initial denials or un

timely delays. (a) When a request for records has been initially denied in whole or in part, or has not been timely determined, the requester may submit a written appeal within 30-calendar days after the date of the written denial or, if there has been no determination, on the last day of the applicable time limit. The appeal shall include a copy of the original requests, the initial denial, if any, and a statement of the reasons why the records requested should be made available and why the initial denial, if any, was in error. No personal appearance, oral argument or hearing on appeal is provided.

time limit, the Director shall nonetheless exercise due diligence in continuing to process the appeal. When the time limit expires, the requester shall be informed of the reason for the delay, of the date when a determination may be expected to be made, and his right to seek judicial review. The requester may be asked to forego judicial review until the appeal is determined.

(f) A determination on appeal shall be in writing and, when it denies records in whole or in part, the notice to the requester shall include:

(1) Notation of the specific exemption or exemptions of the Act authorizing the withholding, a brief explanation of how the exemption applies, and, when relevant, a statement as to why a discretionary release is not appropriate;

(2) A statement that the decision is final for the Bureau and for the Department of Commerce;

(3) Advice that judicial review of the denial is available in the district in which the requester resides or has his principal place of business, the district in which the agency records are situated, or the District of Columbia; and

(4) The names and titles or positions of each official responsible for the denial of the request.

(g) No final denial may be issued without (1) consulting with the Office of the Special Assistant to the Secretary for Public Affairs, and (2) concurrence of the Office of the General Counsel of the Department.

(h) Final appeal decisions shall be indexed and kept available for public inspection and copying. Copies shall be sent to the Department's Assistant Secretary for Administration and Assistant General Counsel for Administration.

8 60.11 Arrangements for public inspec

tion and copying of available records. (a) Upon receipt of the records search fee, and any fees for additional services requested by the applicant, the requested record which has been determined to be available shall, unless the applicant has otherwise indicated, be transferred to the Census reference facility, where it will be held for inspection by the applicant for a reasonable time. The address, and hours of operation, of this facility are stated in $ 60.5(d). A reasonable time shall generally be considered to be not less than one week or more than three weeks. In the event the requester does not review the records within this time, they shall be refiled and paragraph (e) of this section will apply.

(b) In the event that disclosable records are required for the conduct of the daily business of the Bureau during the time when they would otherwise be available in the facility, the requester shall be so notified at the time it is determined that the records are to be made available in the Census facility for inspection. If the requester does not appear at the appointed time, the records shall be refiled and paragraph (e) of this section will apply.

(c) During inspection of the record at the facility, the applicant may copy by hand any portion of the record, may request the facility to make a copy thereof, and may obtain certification of a machine-copied record in accordance with the fee structure in $ 60.10.

(d) No changes or alterations of any type may be made to the record being inspected, nor may any matter be added to or subtracted therefrom. Papers bound or otherwise assembled in a record file may not be dissembled during inspection. Staff of the facility shall provide assistance if dissembly of a record is necessary for copying purposes, and are authorized to supervise public inspection as necessary to protect the records of the Bureau. The public is reminded of Title 18, United States Code, section 2701(a), which makes it a crime to conceal, remove, mutilate, obliterate, or destroy any record filed in any public office, or to attempt to do any of the foregoing.

8 60.10 Fees.

A uniform schedule of fees and procedures for collecting fees for the U.S. Department of Commerce has been promulgated and is published in 15 CFR 4.9, and applies to all requests for Bureau of the Census records made under the Freedom of Information Act.

include the areas identified as incorporated places (such as cities and villages) and minor civil divisions (such as townships and magisterial districts). A more complete description appears on pages Al and A2 of 1980 Census of Population, Volume I, Chapter A.

(e) If the records are not reviewed as outlined in paragraph (a) or (b) of this section they will not be made available again for inspection until the following requirements are met:

(1) All monies due on the first request have been remitted; (2) any estimated fee for a second search is paid; (3) the requester initiates and confirms a specific appointment time.

(f) If an applicant does not want to inspect a record by personal visit, he may request that a copy thereof be mailed to him, upon payment of the copying and postage fees set forth in $ 60.10. Original copies of records shall not be sent to any location other than the reference facility for public inspection pursuant to 5 U.S.C. 552(a)(3).

8 70.3 Effect of boundary changes occur

ring or reported after the cutoff dates. The Bureau of the Census will not recognize changes in boundaries that become effective after January 1, 1990 in taking the 1990 Decennial Census; the Bureau of the Census will enumerate the residents of any area that are transferred to another jurisdiction after that date and report them for the 1990 census as residents of the area in which they resided on January 1, 1990. The Bureau of the Census will not recognize in the data tabulations prepared for the 1990 census changes occurring on or before January 1, 1990, but not submitted officially to the Bureau of the Census until after March 1, 1990 except as necessary to conduct decennial census operations.

PART 70-CUTOFF DATES FOR RECOGNITION OF BOUNDARY CHANGES FOR THE 1990 CENSUS

Sec. 70.1 Cutoff dates and effect on enumera

tion and data tabulation. 70.2 “Municipality” and “county subdivi.

sion" defined for census purposes. 70.3 Effect of boundary changes occurring

or reported after the cutoff dates. AUTHORITY: 13 U.S.C. 4; 32 FR 15154; and Department of Commerce Organization Order 35-2A (40 FR 42765).

SOURCE: 51 FR 24653, July 8, 1986, unless otherwise noted.

PART 80-FURNISHING PERSONAL

CENSUS DATA FROM CENSUS OF POPULATION SCHEDULES

870.1 Cutoff dates and effect on enumera

tion and data tabulation. For the tabulation and publication of data from the 1990 Census of Population and Housing, the Bureau of the Census will recognize only those boundaries legally in effect on January 1, 1990 that have been reported of. ficially to the Bureau of the Census no later than March 1, 1990. The Bureau of the Census enumerates respondents on the date of the decennial census as residing within the legal limits of municipalities, county subdivisions, counties, States, and equivalent areas as those limits exist on January 1, 1990.

Sec. 80.1 General requirements. 80.2 Rules pertaining to records of the

living. 80.3 Rules applicable to deceased persons

and estates. 80.4 Signature of persons unable to sign

their name. 80.5 Detrimental use of information. 80.6 False statements.

AUTHORITY: Sec. 1, Pub. L. 83-1158, 68 Stat. 1013 (13 U.S.C. 8).

8 80.1 General requirements.

(a) Data from records of decennial census of population questionnaires pertaining to an individual will be released only in accordance with these rules.

(b) Census information contains only the responses recorded by the Census enumerator; no changes of any of these entries have been or can be made.

(c) Requests for information from decennial census of population records

8 70.2 “Municipality” and “county subdivi

sion" defined for census purposes. For the purposes of this part, the Bureau of the Census defines “municipalities” and “county subdivisions” to

(40 FR 53232, Nov. 17, 1975, as amended at 48 FR 56744, Dec. 23, 1983)

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8 80.2 Rules pertaining to records of the

living. (a) An individual wh has attained age 18 may request his or her own Census information.

(b) A parent may request Census information for and in behalf of a child who has not reached age 18. The request must be signed by one of the parents.

(c) A legal guardian may obtain Census information relating to a ward by submitting a certified copy of the order of guardianship appointment. (Approved by the Office of Management and Budget under control number 06070117) (40 FR 53232, Nov. 17, 1975, as amended at 48 FR 56744, Dec. 23, 1983)

(herein "Census information”) should be made on Form BC-600, which is available from offices of the Bureau of the Census at Suitland, Maryland 20233 and Pittsburg, Kansas 66762, all county courthouses, Social Security field offices, and Immigration and Naturalization Service offices. A letter request-without Form BC-600-will be accepted only if it contains the information necessary to complete a Form BC-600. No application will be processed without payment of the required fee as set forth in 15 CFR 50.5.

(d) The Bureau may require verification of the identity of the applicant requesting Census information and it may require the applicant to submit the following notarized statement: I,

(Printed name), do hereby certify that I am the individual to whom the requested record pertains or that I am within the class of persons authorized to act on his behalf in accordance with 15 CFR, Part 80. (Signature)

(Date) In the County of State of On this day of

19

(Name of individual) who is personally known to me, did appear before me and sign the above certificate. (Signature)

(Date) (S) My commission expires

(e) Except as otherwise provided, Census information will be provided only to the individual to whom the record pertains. It will include the names of the subject and the head of the household, the relationship of the subject to the head of the household, and the subject's age and birthplace.

(f) Similar Census information pertaining to other members of a household will be furnished only upon written authorization of the individual whose record is requested, except as provided in $ 80.3.

(g) Census information may be provided to others only upon signed request by an individual entitled to receive the information which indicates the person and address to which the information is to be sent. (Approved by the Office of Management and Budget under control number 06070117)

8 80.3 Rules applicable to deceased per

sons and estates. (a) Census information relating to a deceased person may be released only to a parent, child, grandchild, brother, sister, spouse, insurance beneficiary, or the executor or administrator of a deceased person's estate. The request must be signed by a person entitled to receive the information as provided herein, state the relationship of the applicant to the deceased, and include a certified copy of the death certificate or other adequate proof of death. The request of an executor or administrator must be accompanied by a certified copy of the court order of appointment.

(b) Except for a spouse, a person related to the deceased person through marriage, such as an in-law relationship, is not eligible to request Census information on the deceased, whether or not the applicant was a member of the household of the deceased. (Approved by the Office of Management and Budget under control number 06070117) [40 FR 53232, Nov. 17, 1975, as amended at 48 FR 56744, Dec. 23, 1983)

8 80.4 Signature of persons unable to sign

their name. A person requesting Census information who is unable to sign his or her

name shall make an “X” mark where signature is required, and the mark must be witnessed by two persons who know the applicant. They must also sign the application certifying the applicant's identity. In the case of such persons who are unable to make an “X” mark, Census information can be released upon receipt of a physician's sworn statement verifying the disability and the written request of a parent, brother, sister, child or spouse. (Approved by the Office of Management and Budget under control number 06070117) [40 FR 53232, Nov. 17, 1975, as amended at 48 FR 56744, Dec. 23, 1983)

Sec.
90.11 Appointment of hearing officer.
90.12 Qualifications of hearing officer.
90.13 Offer of hearing.
90.14 Hearing.
90.15 Decision by Director.
90.16 Notification of adjustment.
90.17 Timing for hearing and decision.
90.18 Representation.

AUTHORITY: 13 U.S.C. 4 and 181.

SOURCE: 44 FR 20647, Apr. 6, 1979, unless otherwise noted.

a

8 90.1 Scope and applicability.

These rules prescribe the administrative procedure available to States and units of local government to challenge the current estimates of population or per capita income developed by the Bureau of the Census.

8 80.5 Detrimental use of information.

Section 8 of Title 13, United States Code requires that, In no case shall information furnished under the authority of this section be used to the detriment of the persons to whom such information relates. (40 FR 53232, Nov. 17, 1975)

8 90.2 Policy of the Bureau of the Census.

It is the policy of the Bureau of the Census to provide the most accurate population and per capita income estimates possible given the constraints of time, money, and available statistical techniques. It is also the policy of the Bureau to provide States and units of local government the opportunity to challenge these estimates and to present probative evidence relating to the accuracy of the estimates.

8 80.6 False statements.

Any false statement or forgery on the application or supporting papers required to obtain Census information is punishable by a fine and/or imprisonment pursuant to section 1001 of Title 18 of the United States Code. (Approved by the Office of Management and Budget under control number 06070117) [40 FR 53232, Nov. 17, 1975, as amended at 48 FR 56744, Dec. 23, 1983)

PART 90 PROCEDURE FOR CHAL

LENGING CERTAIN POPULATION
AND INCOME ESTIMATES

8 90.3 Definitions.

As used in this part (except where the context clearly indicates otherwise) the following definitions shall apply:

(a) “Bureau” means the Bureau of the Census, Department of Commerce.

(b) “Challenge" means, in accordance with this part, the process of objecting to or calling into question the Bureau's population or per capita income estimates of a State or unit of local government by that State or unit of local government. A demand for adjustment to the General Revenue Sharing Act, Pub. L. 92-512, section 102(b), as amended (31 U.S.C. 1222(b)) does not constitute a challenge within the meaning of this part.

(c) “Director" means Director of the Bureau of the Census, or an individual designated by the Director to perform under this part.

(d) “Estimate" means a statistically derived intercensal population or per

Sec. 90.1 Scope and applicability. 90.2 Policy of the Bureau of the Census. 90.3 Definitions. 90.4 General. 90.5 When an informal challenge may be

filed. 90.6 Where to file challenge. 90.7 Evidence required. 90.8 Review of challenge. 90.9 When formal procedure may be in

voked. 90.10 Form of formal challenge and time

limit for filing.

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