Shareware Overload Trio 2/Shareware Overload Trio Volume 2 (Chestnut CD-ROM).ISO/dir33/1789.zip/FOIINTR

Text File | 1991-01-20 | 13KB | 267 lines

              USING THE FREEDOM OF INFORMATION ACT
                         REVISED EDITION


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 matieral unless it falls into
one of nine exempt categores, 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 orgnaization or on a
particular subject matter or event.

HOW TO MAKE A COMPLETE REQUEST

    Step 1: Select the appropriate smaple 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 vaiations 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. Consdier 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
appropraite 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 th
epublic 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 converstaion 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 recordkeeping 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 bewteen 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 excized 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 matieral in
teh 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 sequentilaly. The packet may contain
documents from the agency's headquarters as well as several field
office files. Separate the documents into their reqpective office
packets. Each of these offices will have assigned the
investigation a separate file number. Try to find the numbering
system. Usually the lower righthand 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 eahc 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 any missing numbers. If there are
missing serial numbers and some documents have been withheld, try
to determine if teh missing numbers might reasonably correspond
to the withheld documents. If not, the realease 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 categoty. 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-hadn corncer 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 notaitons 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, particularaly 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 dissatified 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
discrepanices, you will want to set them forth 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.

-------------------------------------------
Fund for Open Information and Accountability, Inc.
339 Lafayette Street, New York, NY 10012 [phone]


[From the Amnet Civil Liberties BBS, Chicago. [phone]]