UFO! 2/UFO! - Issue 2 (UPD).adf/foiakit.txt

Text File | 1994-12-14 | 31KB | 1,227 lines

FOIA FILES KIT - INSTRUCTIONS



USING THE FREEDOM OF INFORMATION ACT

REVISED EDITION

Fund for Open Information and Accountability, Inc.

339 Lafayette Street, New York, NY 10012

[phone]



INSTRUCTIONS



     The Freedom of Information Act entitles you to request any

record maintained by a federal Executive branch agency. The

agency must release the requested material unless it falls into

one of nine exempt categories, such as "national security,"

"privacy," "confidential source" and the like, in which case the

agency may but is not compelled to refuse to disclose the

records.

     This kit contains all the material needed to make FOIA

requests for records on an individual, an organization or on a

particular subject matter or event.



HOW TO MAKE A COMPLETE REQUEST



     Step 1:   Select the appropriate sample letter. Fill in the

blanks in the body of the letter. Read the directions printed to

the right of each letter in conjunction with the following

instructions:

     For organizational files: In the first blank space insert

the full and formal name of the organization whose files you are

requesting. In the second blank space insert any other names,

acronyms or shortened forms by which the organization is or has

ever been known or referred to by itself or others. If some of

the organization's work is conducted by sub-groups such as clubs,

committees, special programs or through coalitions known by other

names, these should be listed.

     For individual files: Insert the person's full name in the

first blank space and any variations in spelling, nicknames, stage

names, marriage names, titles and the like in the second blank

space. Unlike other requests, the signatures of an individual

requesting her/his own file must be notarized.

     For subject matter or event files: In the first blank space

state the formal title of the subject matter or event including

relevant dates and locations. In the second blank space provide

the names of individuals or group sponsors or participants and/or

any other information that would assist the agency in locating

the material you are requesting.

     Step 2:   The completed sample letter may be removed,

photocopies and mailed as is or retyped on your own stationary.

Be sure to keep a copy of each letter.

     Step 3:   Addressing the letters: Consult list of agency

addresses.

     FBI: A complete request requires a minimum of two letters.

Sen done letter to FBI Headquarters and separate letter to each

FBI field office nearest the location of the individual, the

organization or the subject matter/event. Consider the location

of residences, schools, work and other activities.

     INS: Send a request letter to each district office nearest

the location of the individual, the organization or the subject

matter/event.

     Address each letter to the FOIA/PA office of the appropriate

agency. Be sure to make clearly on the envelope: ATTENTION--FOIA

REQUEST.



FEE WAIVER



     You will notice that the sample letters include a request

for fee waiver. Many agencies automatically waive fees if a

request results in the release of only a small number of

documents, e.g. 250 pages or less. Under the Act, you are

entitled to a waiver of all search and copy fees associated with

your request if the release of the information would primarily

benefit the general public. However, in January 1983, the Justice

Department issued a memo to all federal agencies listing five

criteria which requesters must meet before they are deemed

entitled to a fee waiver. Under these criteria, a requester must

show that the material sought to be released is already the

subject of "genuine public interest" and "meaningfully

contributes to the public development or understanding of the

subject"; and that she/he has the qualifications to understand

and evaluate the materials and the ability to interpret and

disseminate the information to the public and is not motivated by

any "personal interest." Finally, if the requested information is

already "in the public domain," such as in the agency's reading

room, no fee waiver will be granted.


request results in the release of only a small number of

documents, e.g. 250 pages or less. Under the Act, you are

entitled to a waiver of all search and copy fees associated with

your request if the release of the information would primarily

benefit the general public. However, in January 1983, the Justice

Department issued a memo to all federal agencies listing five

criteria which requesters must meet before they are deemed

entitled to a fee waiver. Under these criteria, a requester must

show that the material sought to be released is already the

subject of "genuine public interest" and "meaningfully

contributes to the public development or understanding of the

subject"; and that she/he has the qualifications to understand

and evaluate the materials and the ability to interpret and

disseminate the information to the public and is not motivated by

any "personal interest." Finally, if the requested information is

already "in the public domain," such as in the agency's reading

room, no fee waiver will be granted.

     You should always request a waiver of fees if you believe

the information you are seeking will benefit the public. If your

request for a waiver is denied, you should appeal that denial,

citing the ways in which your request meets the standards set out

above.



MONITORING THE PROGRESS OF YOUR REQUEST



     Customarily, you will receive a letter from each agency

within 10 days stating that your request has been received and is

being processed. You may be asked to be patient and told that

requests are handled cafeteria style. You have no alternative but

to be somewhat patient. but there is no reason to be complacent

and simply sit and wait.

     A good strategy is to telephone the FOIA office in each

agency after about a month if nothing of substance has been

received. Ask for a progress report. The name of the person you

talk with and the gist of the conversation should be recorded.

try to take notes during the conversation focusing especially on

what is said by the agency official. Write down all the details

you can recall after the call is completed. Continue to call

every 4 to 6 weeks.

     Good record-keeping helps avoid time-consuming and

frustrating confusion. A looseleaf notebook with a section

devoted to each request simplifies this task. Intervening

correspondence to and from the agency can be inserted between the

notes on phone calls so that all relevant material will be at

hand for the various tasks: phone consultations, writing the

newsletter, correspondence, articles, preparation for media

appearances, congressional testimony or litigation, if that

course is adopted.



HOW TO MAKE SURE YOU GET EVERYTHING YOU ARE ENTITLED TO ...

AND WHAT TO DO IF YOU DO NOT



     After each agency has searched and processed your request,

you will receive a letter that announces the outcome, encloses

the released documents, if any, and explains where to direct an

appeal if any material has been withheld. There are four possible

outcomes:

     1.   Request granted in full: This response indicates that

the agency has released all records pertinent to your request,

with no exclusions or withholdings. The documents may be enclosed


or, if bulky, may be mailed under separate cover. This is a very

rare outcome.

     Next Step: Check documents for completeness (see

instructions below).

     2.   Requested granted in part and denied in part: This

response indicates that the agency is releasing some material but

has withheld some documents entirely or excised some passages

from the documents released. The released documents may be

enclosed or, if bulky, mailed under separate cover.

     Next step: Check documents released for completeness (see

instructions below) and make an administrative appeal of denials

or incompleteness (see instructions below).

     3.   Request denied in full: This response indicates that

the agency is asserting that all material in its files pertaining

to your request falls under one or the nine FOIA exemptions.

These are categories of information that the agency may, at its

discretion, refuse to release.

     Next step: Make an administrative appeal (see instructions

below). Since FOIA exemptions are not mandatory, even a complete

denial of your request can and should be appeals.

     4.   No records: This response will state that a search of

the agency's files indicates that it has no records corresponding

to those you requested.

     Next step: Check your original request to be sure you have

not overlooked anything. If you receive documents from other

agencies, review them for indications that there is material in

the files of the agency claiming it has none. For example, look

for correspondence, or references to correspondence, to or from

that agency. If you determine that there are reasonable grounds,

file an administrative appeal (see instructions below).



HOW TO CHECK FOR COMPLETENESS



     Step 1: Before reading the documents, turn them over and

number the back of each page sequentially. The packet may contain

documents from the agency's headquarters as well as several field

office files. Separate the documents into their respective office

packets. Each of these offices will have assigned the

investigation a separate file number. Try to find the numbering

system. Usually the lower right hand corner of the first page

carries a hand-written file and document number. For instance, an

FBI document might be marked "100-7142-22". This would indicate

that it is the 22nd document in the 7142nd file in the 100

classification. As you inspect the documents, make a list of

these file numbers and which office they represent. In this way

you will be able to determine which office created and which

office received the document you have in your hand. Often there

is a block stamp affixed with the name of the office from whose

files this copy was retrieved. the "To/From" heading on a

document may also give you corresponding file numbers and will

help you puzzle out the origin of the document.

     When you have finally identified each document's file and

serial number and separated the documents into their proper

office batches, make a list of all the serial numbers in each

batch to see if there any missing numbers. If there are

missing serial numbers and some documents have been withheld, try

to determine if the missing numbers might reasonably correspond

to the withheld documents. If not, the release may be incomplete

and an administrative appeal should be made.

     Step 2: Read all the document released to you. Keep a list

of all document referred to the text--letters, memos, teletypes,

reports, etc. Each of these "referred to" documents should turn

up in the packet released to you. If any are not in the packet,

it is possible they may be among those document withheld; a

direct inquiry should be made. In an administrative appeal, ask

that each of these "referred to" documents be produced or that

the agency state plainly that they are among those withheld. Of

course, the totals of unproduced vs. withheld must be within

reasons; that is, if the total number of unproduced documents you

find referred to the text of the documents produced exceeds the

total number of documents withheld, the agency cannot claim that

all the referred to documents are accounted for by the withheld

category. You will soon get the hand of making logical

conclusions from discrepancies in the totals and missing document

numbers.

     Another thing to look for when reading the released

documents if the names of persons or agencies to whom the

document has been disseminated. the lower left-hand corner is a

common location for the typed list of agencies or offices to whom

the document has been directed. In addition, there may be

additional distribution recorded by hand, there or elsewhere on

the cover page. There are published glossaries for some agencies

that will help in deciphering these notations when they are not

clear. Contact FOIA, Inc., if you need assistance in deciphering

the text.

     Finally, any other file numbers that appear on the document

should be noted, particularly in the subject of the file is of

interest and is one you have not requested. You may want to make

an additional request for some of these files.



HOW TO MAKE AN ADMINISTRATIVE APPEAL



     Under the FOIA, a dissatisfied requester has the right of

administrative appeal. the name and address of the proper appeal

office will be given to you by each agency in its final response

letter.

     This kit contains a sample appeal letter with suggesting for

adapting it to various circumstances. However, you need not make

such an elaborate appeal; in fact, you need not offer any reasons

at all but rather simply write a letter to the appeals unit

stating that "this letter constitutes an appeal of the agency's

decision." Of course, if you have identified some real

discrepancies, you will want to set them for fully, but even if

you have not found any, you may simply ask that the release be

reviewed.

     If you are still dissatisfied after the administrative

appeal process, the FOIA gives you the right to bring a lawsuit

in federal district court on an expedited basis.



SAMPLE FBI REQUEST LETTER



Date:



To:  FOIA/PA Unit

     Federal Bureau of Investigation



     This is a request under the Freedom of Information Act.



     I request a complete and thorough search of all filing

systems and locations for all records maintained by your agency




pertaining to and/or captioned: ______

_____________________________________________________

[describe records desired and/or insert full and

_____________________________________________________

formal name]

_____________________________________________________



_____________________________________________________



including, without limitations, files and documents captioned, or

whose captions include



_____________________________________________________

[insert changes in name, commonly used names,

_____________________________________________________

acronyms, sub-groups, and the like]

_____________________________________________________



_____________________________________________________



     This request specifically includes "main" files and "see

references," including, but not limited to numbered and lettered

sub files, "DO NOT FILE" files, and control files. I also request

a search of the ELSUR Index,a nd the COINTELPRO Index. I request

that all records be produced with the administrative pages.

     I wish to be sent copies of "see reference" cards,

abstracts, search slips, including search slips used to process

this request, file covers, multiple copies of the same documents

if they appear in a file, and tapes of any electronic

surveillances.

     I wish to make it clear that I want all records in you

office "identifiable with my request," even though reports on

those records have been sent to Headquarters and even though

there may be duplication between the two sets of fils. I do not

want just "interim" documents. I want all documents as they

appear in the "main" files and "see references" of all units of

your agency.

      If documents are denied in whole or in part, please specify

which exemption(s) is(are) claimed for each passage or whole

document denied. Please provide a complete itemized inventory and

a detailed factual justification of total or partial denial of

documents. Give the number of pages in each document and the

total number of pages pertaining to this request. For

"classified" material denied please include the following

information: the classification (confidential, secret or top

secret); identity of the classifier; date or event for automatic

declassification, classification review, or down-grading; if

applicable, identity of official authorizing extension of

automatic declassification or review; and if applicable, the

reason for extended classification.

     I request that excised material be "blacked out" rather

than "whited out" or cut out and that the remaining non-exempt

portions of documents will be released as provided under the

Freedom of Information Act.

     Please send a memo (copy to me) to the appropriate units in

your office to assure that no records related to this request are

destroyed. Please advise of any destruction of records and

include the date of and authority for such destruction.

     As I expect to appeal any denials, please specify the office

and address to which an appeal should be directed.


     I believe my request qualifies for a waiver of fees since

the release of the requested information would primarily benefit

the general public and be "in the public interest."

     I can be reached at the phone listed below. Please call

rather than write if there are any questions or if you need

additional information from me.

     I expect a response to this request within ten (10) working

days, as provided for in the Freedom of Information Act.



Sincerely,



name: _______________________________________________



address: ____________________________________________



         ____________________________________________



telephone: __________________________________________



signature: __________________________________________



SAMPLE AGENCY REQUEST LETTER



DATE:

TO: FOIA/PA Unit



     This is a request under the Freedom of Information Act.

     I request a complete and thorough search of all filing

systems and locations for all records maintained by your agency

pertaining to and/or captioned

______________________________________________________

[describe records desired and/or insert full and

______________________________________________________

formal name]

______________________________________________________



______________________________________________________



including, without limitation, files and documents captioned, or

whose captions include:



______________________________________________________

[insert changes in name, commonly used names,

______________________________________________________

acronyms, sub-groups and the like]

______________________________________________________



______________________________________________________



     I also request all "see references" to these names, a search

of the ELSUR Index or any similar technique for locating records

of electronic surveillance.

     This request is also a request for any corresponding files

in INS Headquarters or regional offices.

     Please place any "missing" files pertaining to this request

on "special locate" and advise that you have done this.

     If documents are denied in part or whole, please specify

which exemption(s) is(are) claimed for each passage or whole

document denied. Please provide a complete itemized inventory and

detailed factual justification of total or partial denial of

documents. Specify the number of pates in each document and the

total number of pages pertaining to this request. For classified

material denied, please include the following information: the

classification rating (confidential, secret, or top secret);

identify the classifier; date or event for automatic

declassification, classification review or downgrading; if

applicable, identify the official authorizing extension of

automatic declassification or review; and, if applicable, give the

reason for extended classification.

     I request that excised material be "blacked out" rather than

"whited out" or cut out. I expect, as provided by the Freedom of

Information Act, that the remaining non-exempt portions of

documents will be released.

     Please send a memo (copy to me) to the appropriate units in

your office or agency to assure that no records related to this

request are destroyed. Please advise of any destruction of

records and include the date of and authority for such

destruction.

     As I expect to appeal any denials, please specify the office

and address to which an appeal should be directed.

     I believe my request qualifies for a waiver of fees since

the release of the requested information would primarily benefit

the general public and be "in the public interest."

     I can be reached at the phone listed below. Please call

rather than write if there are any questions or if you need

additional information from me.

     I expect a response to this request within ten (10) working

days, as provided for in the Freedom of Information Act.



Sincerely,



name: _______________________________________________



address: ____________________________________________



         ____________________________________________



telephone: (___)_______________________________________



signature: __________________________________________



SAMPLE ADMINISTRATIVE APPEAL LETTER



Date:

To:  FOIA/PA Appeals Office

RE:  Request number [Add this if the agency has given your request

a number]

     This is an appeal pursuant to subsection (a)(6) of the

Freedom of Information Act as amended (5U.S.C. 552).

     On [date], I received a letter from [name of official] of

your agency denying my request for [describe briefly the

information you are after]. This reply indicated that an appeal

letter could be sent to you. I am enclosing a copy of my exchange

of correspondence with your agency so that you can see exactly

what files I have requested and the insubstantial grounds on

which my request has been denied.

     [Optional paragraph, to be used if the agency has withheld

all or nearly all the material which has been requested]:

     You will note that your agency has withheld the entire (or

nearly the entire) document (or file, or report, or whatever)

that I requested. Since the FOIA provides that "any reasonably

segregable portion of a record shall be provided to any person

requesting such record after deletion of the portions which are

exempt," I believe that your agency has not complied with the

FOIA. I believe that there must be (additional) segregble

portions which do not fall within FOIA exemptions and which must

be released.

     [Optional paragraph, to be used in the agency has used the

(b)(1) exemption for national security, to withhold information]

     Your agency has used the (b)(1) exemption to withhold

information [I question whether files relating to events that

took place over twenty years ago could realistically harm the

national security.] [Because I am familiar with my own activities

during the period in question, and know that none of these

activities in any way posed a significant threat to the national

security, I question the designation of my files or portions of

my file as classified and exempt from disclosure because of

national security considerations.]

     [Sample optional argument to be used if the exemption which

is claimed does not seem to make sense; you should cite as many

specific instances as you care to of items withheld from the

documents that you have received. We provide two examples which

you might want to adapt to your own case.]

     "On the memo dated _____________ the second paragraph

withheld under the (b)(1) exemption appears to be describing a

conversation at an open meeting. If this is the case, it is

impossible that the substance of this conversation could be

properly classified." Or, "The memo dated _____ refers to a

meeting which I attended, but a substantial portion is deleted

because of the (b)(6) and (b)(7)(c) exemptions for unwarranted

invasions of personal privacy. Since I already know who attended

this meeting, no privacy interest is served by the withholding."

     I trust that upon examination of my request, you will

conclude that the records I requested are not properly covered by

exemption(s) [here repeat the exemptions which the agency's

denial letter claimed applied to your request] of the amended

FOIA, and that you will overrule the decision to withhold the

information.

     [Use if an itemized inventory is not supplied originally]

     If you choose instead to continue to withhold some or all of

the material which was denied in my initial request to your

agency, I ask that you give me an index of such material,

together with the justification for the denial of each item which

is still withheld.

     As provided in the Act, I will expect to receive a reply to

this administrative appeal letter within twenty working days.

     If you deny this appeal and do not adequately explain why

the material withheld is properly exempt, I intend to initial a

lawsuit to compel its disclosure. [You can say that you intend to

sue, if that is your present inclination; you may still decide

ultimately not to file suit.]



Sincerely yours,



name:     ____________________________________________



address:  ____________________________________________



          ____________________________________________

*



signature: ___________________________________________



[Mark clearly on envelope: Attention: Freedom of Information

Appeals]



FBI ADDRESSES AND PHONE NUMBERS



FBI Headquarters, J. Edgar Hoover Bldg, Washington, D.C., 20535,

202-324-5520 (FOI/PA Unit)



Field Offices

Albany, NY 12207, U.S. Post Office and Courthouse, 518-465-7551

Albuquerque, NM 87101, Federal Office Bldg., 505-247-1555

Alexandria, VA 22314, 300 N. Lee St., 703-683-2681

Anchorage, AK 99510, Federal bldg., 907-272-6414

Atlanta, GA 30303, 275 Peachtree St. NE, 404-521-3900

Baltimore, MD 21207, 7142 Ambassador Rd., 301-265-8080

Birmingham, AL 35203, Room 1400, 2121 Bldg. 205-252-7705

Boston, MA 02203, J. F. Kennedy Federal Office Bldg., 617-742-5533

Buffalo, NY 14202, 111 W. Huron St., 716-856-7800

Butte, MT 59701, U.S. Courthouse and Federal Bldg., 406-792-2304

Charlotte, NC 28202, Jefferson Standard Life Bldg., 704-372-5485

Chicago, IL 60604, Everett McKinley Dirksen Bldg., 312-431-1333

Cincinnati, OH 45202, 400 U.S. Post Office & Crthse Bldg., 513-421-4310

Cleveland, OH 44199, Federal Office Bldg., 216-522-1401

Columbia, SC 29201, 1529 Hampton St., 803-254-3011

Dallas TX 75201, 1810 Commerce St., 214-741-1851

Denver, CO 80202, Federal Office Bldg., 303-629-7171

Detroit, MI 48226, 477 Michigan Ave., 313-965-2323

El Paso, TX 79901, 202 U.S. Courthouse Bldg., 915-533-7451

Honolulu, HI 96850, 300 Ala Moana Blvd., 808-521-1411

Houston, TX 77002, 6015 Fed. Bldg and U.S. Courthouse, 713-224-1511

Indianapolis, IN 46202, 575 N. Pennsylvania St., 317-639-3301

Jackson, MS 39205, Unifirst Federal and Loan Bldg., 601-948-5000

Jacksonville, FL 32211, 7820 Arlington Expressway, 904-721-1211

Kansas City, MO 64106, 300 U.S. Courthouse Bldg., 816-221-6100

Knoxville, TN 37919, 1111 Northshore Dr., 615-588-8571

Las Vegas, NV 89101, Federal Office Bldg., 702-385-1281

Little Rock, AR 72201, 215 U.S. Post Office Bldg., 501-372-7211

Los Angeles, CA 90024, 11000 Wilshire Blvd, 213-272-6161

Louisville, KY 40202, Federal Bldg., 502-583-3941

Memphis, TN 38103, Clifford Davis Federal bldg., 901-525-7373

Miami, FL 33137, 3801 Biscayne Blvd., 305-573-3333

Milwaukee, WI 53202, Federal Bldg and U.S. Courthouse, 414-276-4681

Minneapolis, MN 55401, 392 Federal Bldg., 612-339-7846

Mobile, AL 36602, Federal Bldg., 205-438-3675

Newark, NJ 07101, Gateway I, Market St., 201-622-5613

New Haven, CT 06510, 170 Orange St., 203-777-6311

New Orleans, LA 70113, 701 Loyola Ave., 504-522-4671

New York, NY 10007, 26 Federal Plaza, 212-553-2700

Norfolk, VA, 23502, 870 N. Military Hwy., 804-461-2121

Oklahoma City, OK 73118, 50 Penn Pl. NW, 405-842-7471

Omaha, NB 68102, 215 N. 17th St., 402-348-1210

Philadelphia, PA 19106, Federal Office Bldg., 215-629-0800

Phoenix, AZ 85004, 2721 N. central Ave., 602-279-5511

Pittsburgh, PA 15222, Federal Office Bldg., 412-471-2000

Portland, OR 97201, Crown Plaza Bldg., 503-224-4181

Richmond, VA 23220, 200 W. Grace St., 804-644-2531

Sacramento, CA 95825, Federal Bldg., 916-481-9110

St. Louis, MO 63103, 2704 Federal Bldg., 314-241-5357


Salt Lake City, UT 84138, Federal Bldg., 801-355-7521

San Diego, CA 92188, Federal Office Bldg., 619-231-1122

San Francisco, CA 94102, 450 Golden Gate Ave., 415-552-2155

San Juan, PR 00918 U.S. Courthouse and Fed. Bldg., 809-754-6000

Savannah, GA 31405, 5401 Paulson St., 912-354-9911

Seattle, WA 98174, 915 2nd Ave., 206-622-0460

Springfield, IL 62702, 535 W. Jefferson St., 217-522-9675

Tampa, FL 33602, Federal Office Bldg., 813-228-7661

Washington, DC 20535, 9th and Pennsylvania Ave. NW, 202-324-3000



FEDERAL AGENCIES (SELECTED ADDRESSES)



Central Intelligence Agency

Information and Privacy Coordinator

Central Intelligence Agency

Washington, D.C. 20505

202-351-5659



Civil Service Commission

Appropriate Bureau (Bureau of Personnel Investigation,

Bureau of Personnel Information Systems, etc.)

Civil Service Commission

1900 E Street, N.W.

Washington, D.C. 20415

202-632-4431



Commission on Civil Rights

General Counsel, U.S. Commission on Civil Rights

1121 Vermont Ave., N.W. Room 600

Washington, D.C. 20415

202-254-6610



Consumer Product Safety Commission

Office of the Secretary

Consumer Product Safety Commission

1111 18th St., N.W.

Washington, D.C. 20207

202-624-7700



Department of Defense/Dept. of Air Force

Freedom of Information Manager

Headquarters, USAF/DADF

Washington, D.C. 20330-5025

202-697-3467