From: dona@bilver.uucp (Don Allen)
The following 2 part file is a "How-To" FOIA kit that is an invaluable
resource for those wanting to pry out information from our wonderfully
secretive government. Ever wanted to know what _files_ the Govt has on
*you* ?? Or what files the NSA|DIA|CIA may have on UFO's, the JFK
assassination, Nugan-Hand,BCCI and other lies of our times?
>>> Freedom of Information Kit <<<
The following files are for individuals or organizations who wish
to make an FOIA application to a federal agency. Please read the
file before making your application. There are 5
files; FOIA Instructions, FOIA Application; FOIA Fee Waiver; FOIA
Appeal; selected Federal FOIA Addresses; and FBI Offices
nationwide.
This kit is also available in printed form. If you wish to
obtain the printed version, please send a check or money order
made payable to FOIA,Inc. for $3.00 to:
FOIA,Inc., P.O. Box 02 2397, Brooklyn, NY 11202-0050.
FOIA FILES KIT
<1> FOIA Instructions
USING THE FREEDOM OF INFORMATION ACT
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 materials needed to make FOIA requests for
records on an individual, an organization or on a particular
sunject matter or event.
1988 EDITION
Fund for Open Information and Accountability, Inc. P.O. BOX 02
2397, Brooklyn, NY 11202-0050 (212) 477-3188
INSTRUCTIONS HOW TO MAKE A COMPLETE REQUEST
Step 1: Select and make copies of the sample letter. Fill in the
blanks in the body of the letter. Read the directions printed to
the right margin of the letter in conjunction with the following
instructions:
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 space.
Unlike other requests, the signatures of an individual requesting
her/his own file must be notarized.
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. There is no need to notarize
signature for organizational requests.
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, photocopied
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
on page 7 and 8 of this kit. FBI: A complete request requires a
minimum of two letters. Send one letter to FBI Headquarters and
separate letters 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 mark clearly on the
envelope: Attention FOIA Request.
FEES
In 1987 a new fee structure went into effect. Each agency has
new fee regulations for search and review time and for
duplication of released documents. Commercial requesters must
pay for search and review time and for duplication costs. News
Media representatives and Educational and Scientific Institutions
whose purpose is scholarly or scientific research pay for
duplication only. Public Interest groups who can qualify as
press, educational, or scientific institutions will be charged
duplication costs only. All other non-commercial requesters are
entitled to up to 100 pages of free copying and up to 2 hours of
free search time. Requesters will have to pay fees for work that
extends beyond those limits unless they qualify for a fee waiver
or reduction (see below). No fee may be charged if the cost of
collection exceeds the fee. Advanced payment may not be demanded
unless a requester has previously failed to pay on time or the
fee exceeds $250.
FEE WAIVER
You will notice that the sample letter includes a request for a
fee waiver with instructions for the agency to refer to an
attached sheet. Fees for all non-commercial requesters, beyond
the 2 hours/100 page/automatic waiver described above, may be
waived or reduced if the 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 commericial interest of
the requester. You should always request a waiver or fees if you
believe the information you are seeking will benefit the public.
Read the fee waiver worksheet for non-commercial users included
in this kit on page 5 for help in composing a request for a fee
waiver. If your request for a waiver is denied, you should
appeal that denial, citing the ways in which your request meets
the standards set in the attached fact sheet.
HOW TO MAKE SURE YOU GET EVERYTHING YOU ARE ENTITLED TO. . . AND
WHAT TO DO IF YOU DON'T
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 occurs very infrequently. If
the response indicates that the agency has released all records
pertinent to your request, with no exclusions or withholdings,
you will receive the requested documents with an agency cover
letter, or if bulky, the documents may be mailed under separate
cover.
Next step: Check documents for completeness (see instructions
below) and make an administrative appeal if you find a
discrepancy between your own analysis and that of the agency (see
instructions below).
2. Request 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 for completeness (see instructions
below) and make an administrative appeal of denials or
incompleteness (see instructions below).
3. Request denied in full: This response and the denied part
response indicate that the agency is asserting that material in
its files pertaining to your request falls under one of 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 appealed.
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 DOCUMENTS 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 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 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 are
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 they don't, the release may be incomplete and an
administrative appeal should be made.
Step 2: Read all the documents released to you. Keep a list of
all documents referred to in the text, including 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 that they are among the documents
withheld and 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. List each "referred to" document
separately. The totals of unproduced vs. witheld must be within
reason; that is, if the total number of unproduced documents you
find referred to in 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 hang of making logical
conclusions from discrepancies in totals and missing document
numbers.
Another thing to look for when reading the released documents is
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 if 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
suggestions 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 should set them forth fully (for example
see Step 2 under "How to Check Documents for Completeness"), 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.
MONITORING THE PROGRESS OF YOUR REQUEST
You should 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 since requests are
being handled on a first come first served basis. The best
strategy is to be "reasonably" patient, but there is no reason to
sit complacently and wait for an interminable period of time. A
good strategy is to telephone the FOIA office in each agency
after about a month if you have received nothing of substance.
Ask for a progress report. Note the name of the person you speak
to and what they say. 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. At the beginning of the request
process, sometimes it is difficult to foresee what course of
action you will want to take in the future. Keep copies of all
correspondence to and from each agency. They can be inserted
between the notes on phone calls so that all relevant material
will be at hand for future use, including phone consultations,
correspondence, newspaper articles, preparation for media
appearances, congressional testimony or litigation.
<2> FOIA Application (all agencies)
[NOTE: All the text in braces [] is for your information. Do NOT
include in request] [NOTE: Start by photocopying several copies
of this letter or retype if you prefer]
SAMPLE REQUEST LETTER FOR ALL AGENCIES
Date: O FBI Headquarters
To: FOIA/ PA Unit O FBI Field Office:
O Other Agency:
[Check box for appropriate agency]
This is a noncommerical request under the Freedom of Information and
Privacy Acts. I have attached a sheet setting out my application for a fee
waiver of any fees in excess of those which are provided free because of my
category.
My category for fee and fee waiver purposes is (check one):
O request for personal file; no search fee and 100 free pages.
O journalist, academic or scientist; no search fee and 100 free pages.
O other non-commerical requester (group or person); 2 hours free search
and 100 free pages.
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:
[check appropriate box]
____________________________________________________________
____________________________________________________________
____________________________________________________________
including, without limitation, files and documents captioned,
or whose captions include
[describe records desired and/or insert full and formal name]
____________________________________________________________
____________________________________________________________
____________________________________________________________
This request specifically includes where appropriate "main" files
and "see references," including but not limited to numbered and
lettered sub files and control files. I also request a search of
the Electronic Surveillance (ELSUR) Index, or any similar
technique for locating records of electronic surveillance and 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, tapes of any electronic
surveillance, photographs, and logs of physical surveillance
(FISUR). Please place missing documents on "special locate."
I wish to make it clear that I want all records in your 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 files. 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. Give the number of pages in each document and the total
number of pages pertaining to this request and the dates of
documents withheld. I request that excised material be "blacked
out" rather than "whited out" or cut out and that the remaining
non-exempt portions of documents be released as provided under
the Freedom of Information Act. Please send a memo (with a copy
or copies to me) to the appropriate unit(s) 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 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,
(Signed)____________________________________________
Name (print or type):_______________________________
Address:____________________________________________________
___________________________________________________________
Telephone:_________________Social Security number (optional): _______
(for personal files) (for organization files)
Date of Birth:___________________Date of founding: _______________
Place of birth:___________________Place of founding: ______________
Address of organization:___________________________________
___________________________________________________________
___________________________________________________________
[MARK CLEARLY ON ENVELOPE: FOI/PA REQUEST]
<3> FOIA Fee Waiver
Fee Waiver Worksheet for Non-Commercial Requesters
All non-commercial requesters are entitled to apply for a fee
waiver for charges in excess of those which are provided free
because of requester's category. Following amendments to the
FOIA in October 1986, the Justice Department issued a memo
outlining six criteria to be used by agencies in determining
whether or not to grant fee waivers. Many Congresspeople dispute
the memo's legality, pointing out its invitation to subjective
judgements, and its proclivity to intimidate requesters.
Nevertheless, until the six criteria are eliminated, either by
Congress or court decisions, requesters will have to address them
in order to qualify for a fee waiver. To apply for a fee waiver,
attach a separate sheet of paper to your request letter
explaining in narrative form how your request satisfies each of
the following six criteria. (All highlighted phrases in the
following text are taken directly from the Justice Department
memo):
(1) Explain how the records you are requesting are likely to shed
light on the operations or activities of the government. (2)
Describe how the records you are requesting will contribute to
the understanding of government operations or activities. If the
information being requested is not already in the public domain
bring this fact to the agency's attention. (3)a. Explain to the
agency how the public will ultimately benefit from the
information you are requesting. Legislative history and recent
case law indicate that the "public" is not limited to U.S. public
nor must it be the "public at-large." For example,
Representatives English and Kindness jointly stated during recent
Congressional debate, "Public understanding is enhanced when
information is disclosed to the subset of the public most
interested, concerned or affected by a particular action or
matter."
Furthermore, District Court Judge Harold Greene in a 1987 opinion
involving a request by a Canadian newspaper said, "There is no
requirement in the [FOIA] statute that news media seeking fee
waivers [must] serve the American public exclusively, or even
tangentially ... an FBI official does not have the authority to
amend the law of the United States by restricting it beyond its
plain terms."* In other words, the public you seek to educate
does not have to reside in the United States, nor is the size of
that public relevant to your entitlement to a fee waiver.
(3)b. Explain to the agency your qualifications (educational,
work experience, etc.) for understanding the requested
information and outline your ability and intention to disseminate
the information once it has been obtained. You might want to
cite any of the following activities in order to demonstrate your
ability and intention to disseminate information to the public:
writing newspaper or scholarly articles, writing books, granting
interviews, public speaking engagements, preparing Congressional
testimony, producing pamphlets, videos, film, radio programs,
etc.
(4) The Justice Department memo stipulates that the contribution
to public understanding must be "significant." What constitutes a
"significant" contribution is clearly susceptible to subjective
interpretation. However, we suggest that you make reference to
current news stories, efforts to correct the historical record or
expose government or corporate fraud or threats to public health
and safety. Broadly speaking, any information that would enable
the public to hold the government accountable for any of its
operations or activities can be persuasively argued to be a
"significant" contribution to public understanding.
(5) and (6) Explain to the agency (if it is the case) that any
commercial interest that will be furthered by the requested
records is not the primary interest when compared to the public
interest that will be served. For example, if the information is
requested pursuant to the publication of a book, you should
explain (if it is the case) that this book is not destined to
become a bestseller because of topic, publisher, or anticipated
audience, etc.
News media representatives, scholars or scientists, should make
requests for documents and fee waivers on the appropriate
institutional letterhead. Similarly, requests for organizational
files should be made on the appropriate letterhead. You have a
right to file an administrative appeal if you receive an adverse
decision regarding either your fee category or fee waiver
request. The letter containing the adverse decision will tell
you to whom you should direct the appeal. * Joint statement by
Reps. English and Kindness, Congressional Record, H- 9464,
October 8, 1986; Judge Greene's opinion in Southam News v. INS.
(Civ. No. 85-2721, D.D.C., November 9, 1987). <4> FOIA Appeal
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 (5 U.S.C. 552). On [date] I received a letter from
[name of official] of your agency denying my request for
[describe briefly the information your 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.
[Insert following paragraph 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
entire) document 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)
segregable portions which do not fall within the FOIA exemptions
and which must be released.
[Insert following paragraph if the agency has used the (b)(1)
exemption for national security purposes 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 arguments 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 have requested are not properly covered by
exemption(s)____ [insert the exemption(s) 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.
[Insert following paragraph if an itemized inventory was not
supplied by the agency]
If you choose 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 Freedom of Information Act, I will
expect to receive a reply to this adminstrative appeal letter
within twenty (20) working days. If you deny this appeal and do
not adequately explain why the material withheld is properly
exempt, I intend to initiate a lawsuit to compel its disclosure.
[You can say that you intend to sue if that is your present
inclination even though you may ultimately decide not to file
suit.]
Sincerely,
name:
address:
signature:
[MARK CLEARLY ON ENVELOPE: ATTENTION: FREEDOM OF INFORMATION
APPEALS]
<5> FOIA Addresses of selected Federal Agencies
FUND FOR OPEN INFORMATION AND ACCOUNTABILITY, INC. P.O. BOX O2
2397, BROOKLYN, NY 11202-0050
FOIA/PA ADDRESSES FOR SELECTED FEDERAL AGENCIES
Administrative Office of the U.S. Courts Washington, D.C. 20544
(202) 633-6117
Bureau of Prisons 320 1st St., NW Washington, D.C. 20534 (202)
724-3198
Central Intelligence Agency Information and Privacy Coordinator
Washington, D.C. 20505
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., Rm. 600 Washington, D.C.
20405 (202) 376-8177
Consumer Producet Safety Commission 1111 18th St., N.W.
Washington, D.C. 20207 (301) 492-6580
Defense Intelligence Agency The Pentagon Washington, D.C.
20301-6111 (202) 697-8844
Department of Defense/Department of the Air Force Freedom of
Information Manager Headquarters, USAF/DADF Washington, D.C.
20330-5025 (202) 545-6700
Department of Defense/Department of the Army General Counsel
Secretary of the Army The Pentagon, Rm. 2E727 Washington, D.C.
20310 (202) 545-6700
Department of Defense/ Marine Corps Commandant of the Marine
Corps Department of the Navy Headquarters, Marine Corps
Washington, D.C. 20380-0001 (202) 694-2500
Department of Defense/ Dept. of the Navy Chief of Naval
Operations OP 09 B30 Pentagon, Rm. 5E521 Washington, D.C.
20350-2000 (202) 545-6700
Department of Energy 1000 Independence Ave., S.W. Washington,
D.C. 20585 (202) 252-5000
Department of Justice/ General Administration (includes Civil
Rights Division, Antitrust Division, Drug Enforcement Admin.,
Immigration and Naturalization Service) FOIA/ Privacy Act Unit
(of the appropriate division)
Department of Justice Constitution Ave. & 10th St., N.W.
Washington, D.C. 20530 (202)633-2000
Department of Labor 200 Constitution Ave., N.W. Washington, D.C.
20210 (202) 523-8165
Department of State Director, Freedom of Information Bureau for
Public Administration Department of State, Rm 239 2201 C St.,
N.W. Washington, D.C. 20520 (202) 647-3411
Department of the Treasury Internal Revenue Se