From: [d--a] at [bilver.uucp] (Don Allen) Newsgroups: alt.freedom.of.information.act,alt.activism,alt.conspiracy Subject: RESOURCE: FOIA KIT part 1 Date: 26 Feb 92 01:52:48 GMT 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? Here you go...do with it what you will. :-) -----------------------FOIA-KIT part 1--------------------------------- >>> 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 Contents: <1> FOIA Instructions <2> FOIA Application (all agencies) <3> FOIA Fee Waiver <4> FOIA Appeal <5> FOIA Addresses of selected Federal Agencies <6> FBI Addresses & phone numbers nationwide <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]