textfiles-politics/regexConsp/foia.xml

<xml><p>FOIA FILES KIT - INSTRUCTIONS</p>

<p>USING THE FREEDOM OF INFORMATION ACT
REVISED EDITION
Fund for Open Information and Accountability, Inc.
339 Lafayette Street, New York, NY 10012
(212) 477-3188</p>

<p>INSTRUCTIONS</p>

<p>     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.</p>

<p>HOW TO MAKE A COMPLETE REQUEST</p>

<p>     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.</p>

<p>FEE WAIVER</p>

<p>     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.</p>

<p>MONITORING THE PROGRESS OF YOUR REQUEST</p>

<p>     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.</p>

<p>HOW TO MAKE SURE YOU GET EVERYTHING YOU ARE ENTITLED TO ...
AND WHAT TO DO IF YOU DO NOT</p>

<p>     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).</p>

<p>HOW TO CHECK FOR COMPLETENESS</p>

<p>     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.</p>

<p>HOW TO MAKE AN ADMINISTRATIVE APPEAL</p>

<p>     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 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.</p>

<p>SAMPLE FBI REQUEST LETTER</p>

<p>Date:</p>

<p>To:  FOIA/PA Unit
     Federal Bureau of Investigation</p>

<p>     This is a request under the Freedom of Information Act.</p>

<p>     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]
_____________________________________________________</p>

<p>_____________________________________________________</p>

<p>including, without limitations, files and documents captioned, or 
whose captions include</p>

<p>_____________________________________________________
[insert changes in name, commonly used names,
_____________________________________________________
acronyms, sub-groups, and the like]
_____________________________________________________</p>

<p>_____________________________________________________</p>

<p>     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 pges.
     I wish to be sent copies of "see reference" cards, 
abstracts, serach 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 
roffice "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 pleae include the following 
information: the classification (confidential, secret or top 
secret); identity of the classifer; 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 excized material be "blacked out" rather 
thatn "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.</p>

<p>Sincerely,</p>

<p>name: _______________________________________________</p>

<p>address: ____________________________________________</p>

<p>         ____________________________________________</p>

<p>telephone: __________________________________________</p>

<p>signature: __________________________________________</p>

<p>SAMPLE AGENCY REQUEST LETTER</p>

<p>DATE:
TO: FOIA/PA Unit</p>

<p>     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]
______________________________________________________</p>

<p>______________________________________________________</p>

<p>including, without limitation, files and documents captioned, or 
whose captions include:</p>

<p>______________________________________________________
[insert changes in name, commonly used names,
______________________________________________________
acronyms, sub-groups and the like]
______________________________________________________</p>

<p>______________________________________________________</p>

<p>     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 
detialed factual justification of total or partial denial of 
documents. Specify the number of pates in each document and th 
ttoal 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 reviw; 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.</p>

<p>Sincerely,</p>

<p>name: _______________________________________________</p>

<p>address: ____________________________________________</p>

<p>         ____________________________________________</p>

<p>telephone: (___)_______________________________________</p>

<p>signature: __________________________________________</p>

<p>SAMPLE ADMINISTRATIVE APPEAL LETTER</p>

<p>Date:
To:  FOIA/PA Appeals Office
RE:  Request numer [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 
secregable portion of a record shall be provided to any eprson 
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 wihtin 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 beca8use 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 ahve received. We provide two examples which 
you might want to adampt 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 converation 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 matieral, 
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.]</p>

<p>Sincerely yours,</p>

<p>name:     ____________________________________________</p>

<p>address:  ____________________________________________</p>

<p>          ____________________________________________</p>

<p>signature: ___________________________________________</p>

<p>[Mark clearly on envelope: Attention: Freedom of Information 
Appeals]</p>

<p>FBI ADDRESSES AND PHONE NUMBERS</p>

<p>FBI Headquarters, J. Edgar Hoover Bldg, Washington, D.C., 20535, 
202-324-5520 (FOI/PA Unit)</p>

<p>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
Birminghan, 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 &amp; 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 Commrce 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. Courthosue 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
Philadelpha, 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</p>

<p>FEDERAL AGENCIES (SELECTED ADDRESSES)</p>

<p>Central Intelligence Agency
Information and Privacy Coordinator
Central Intelligence Agency
Washington, D.C. 20505
202-351-5659</p>

<p>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</p>

<p>Commission on Civil Rights
General Counsel, U.S. Commission on Civil Rights
1121 Vermont Ae., N.W. Room 600
Washington, D.C. 20415
202-254-6610</p>

<p>Consumer Product Safety Commission
Office of the Secretary
Consumer Product Safety Commission
1111 18th St., N.W.
Washington, D.C. 20207
202-624-7700</p>

<p>Department of Defense/Dept. of Air Force
Freedom of Information Manager
Headquarters, USAF/DADF
Washington, D.C. 20330-5025
202-697-3467
 
 
 
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