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<conspiracyFile>FOIA FILES KIT - INSTRUCTIONS
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USING THE FREEDOM OF INFORMATION ACT
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REVISED EDITION
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Fund for Open Information and Accountability, Inc.
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339 Lafayette Street, New York, NY 10012
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<data type="phoneNumber">(212) 477-3188</data>
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INSTRUCTIONS
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The Freedom of Information Act entitles you to request any
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record maintained by a federal Executive branch agency. The
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agency must release the requested matieral unless it falls into
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one of nine exempt categores, such as "national security,"
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"privacy," "confidential source" and the like, in which case the
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agency may but is not compelled to refuse to disclose the
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records.
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This kit contains all the material needed to make FOIA
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requests for records on an individual, an orgnaization or on a
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particular subject matter or event.
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HOW TO MAKE A COMPLETE REQUEST
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Step 1: Select the appropriate smaple letter. Fill in the
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blanks in the body of the letter. Read the directions printed to
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the right of each letter in conjunction with the following
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instructions:
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For organizational files: In the first blank space insert
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the full and formal name of the organization whose files you are
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requesting. In the second blank space insert any other names,
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acronyms or shortened forms by which the organization is or has
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ever been known or referred to by itself or others. If some of
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the organization's work is conducted by sub-groups such as clubs,
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committees, special programs or through coalitions known by other
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names, these should be listed.
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For individual files: Insert the person's full name in the
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first blank space and any vaiations in spelling, nicknames, stage
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names, marriage names, titles and the like in the second blank
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space. Unlike other requests, the signatures of an individual
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requesting her/his own file must be notarized.
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For subject matter or event files: In the first blank space
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state the formal title of the subject matter or event including
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relevant dates and locations. In the second blank space provide
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the names of individuals or group sponsors or participants and/or
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any other information that would assist the agency in locating
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the material you are requesting.
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Step 2: The completed sample letter may be removed,
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photocopies and mailed as is or retyped on your own stationary.
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Be sure to keep a copy of each letter.
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Step 3: Addressing the letters: Consult list of agency
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addresses.
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FBI: A complete request requires a minimum of two letters.
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Sen done letter to FBI Headquarters and separate letter to each
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FBI field office nearest the location of the individual, the
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organization or the subject matter/event. Consdier the location
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of residences, schools, work and other activities.
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INS: Send a request letter to each district office nearest
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the location of the individual, the organization or the subject
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matter/event.
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Address each letter to the FOIA/PA office of the appropraite
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agency. Be sure to make clearly on the envelope: ATTENTION--FOIA
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REQUEST.
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FEE WAIVER
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You will notice that the sample letters include a request
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for fee waiver. Many agencies automatically waive fees if a
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request results in the release of only a small number of
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documents, e.g. 250 pages or less. Under the Act, you are
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entitled to a waiver of all search and copy fees associated with
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your request if the release of the information would primarily
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benefit the general public. However, in January 1983, the Justice
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Department issued a memo to all federal agencies listing five
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criteria which requesters must meet before they are deemed
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entitled to a fee waiver. Under these criteria, a requester must
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show that the material sought to be released is already the
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subject of "genuine public interest" and "meaningfully
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contributes to the public development or understanding of the
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subject"; and that she/he has the qualifications to understand
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and evaluate the materials and the ability to interpret and
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disseminate the information to th epublic and is not motivated by
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any "personal interest." Finally, if the requested information is
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already "in the public domain," such as in the agency's reading
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room, no fee waiver will be granted.
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You should always request a waiver of fees if you believe
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the information you are seeking will benefit the public. If your
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request for a waiver is denied, you should appeal that denial,
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citing the ways in which your request meets the standards set out
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above.
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MONITORING THE PROGRESS OF YOUR REQUEST
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Customarily, you will receive a letter from each agency
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within 10 days stating that your request has been received and is
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being processed. You may be asked to be patient and told that
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requests are handled cafeteria style. You have no alternative but
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to be somewhat patient. but there is no reason to be complacent
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and simply sit and wait.
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A good strategy is to telephone the FOIA office in each
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agency after about a month if nothing of substance has been
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received. Ask for a progress report. The name of the person you
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talk with and the gist of the converstaion should be recorded.
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try to take notes during the conversation focusing especially on
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what is said by the agency official. Write down all the details
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you can recall after the call is completed. Continue to call
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every 4 to 6 weeks.
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Good recordkeeping helps avoid time-consuming and
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frustrating confusion. A looseleaf notebook with a section
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devoted to each request simplifies this task. Intervening
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correspondence to and from the agency can be inserted bewteen the
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notes on phone calls so that all relevant material will be at
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hand for the various tasks: phone consultations, writing the
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newsletter, correspondence, articles, preparation for media
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appearances, congressional testimony or litigation, if that
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course is adopted.
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HOW TO MAKE SURE YOU GET EVERYTHING YOU ARE ENTITLED TO ...
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AND WHAT TO DO IF YOU DO NOT
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After each agency has searched and processed your request,
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you will receive a letter that announces the outcome, encloses
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the released documents, if any, and explains where to direct an
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appeal if any material has been withheld. There are four possible
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outcomes:
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1. Request granted in full: This response indicates that
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the agency has released all records pertinent to your request,
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with no exclusions or withholdings. The documents may be enclosed
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or, if bulky, may be mailed under separate cover. This is a very
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rare outcome.
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Next Step: Check documents for completeness (see
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instructions below).
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2. Requested granted in part and denied in part: This
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response indicates that the agency is releasing some material but
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has withheld some documents entirely or excized some passages
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from the documents released. The released documents may be
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enclosed or, if bulky, mailed under separate cover.
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Next step: Check documents released for completeness (see
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instructions below) and make an administrative appeal of denials
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or incompleteness (see instructions below).
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3. Request denied in full: This response indicates that
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the agency is asserting that all material in its files pertaining
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to your request falls under one or the nine FOIA exemptions.
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These are categories of information that the agency may, at its
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discretion, refuse to release.
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Next step: Make an administrative appeal (see instructions
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below). Since FOIA exemptions are not mandatory, even a complete
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denial of your request can and should be appeals.
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4. No records: This response will state that a search of
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the agency's files indicates that it has no records corresponding
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to those you requested.
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Next step: Check your original request to be sure you have
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not overlooked anything. If you receive documents from other
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agencies, review them for indications that there is matieral in
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teh files of the agency claiming it has none. For example, look
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for correspondence, or references to correspondence, to or from
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that agency. If you determine that there are reasonable grounds,
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file an administrative appeal (see instructions below).
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HOW TO CHECK FOR COMPLETENESS
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Step 1: Before reading the documents, turn them over and
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number the back of each page sequentilaly. The packet may contain
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documents from the agency's headquarters as well as several field
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office files. Separate the documents into their reqpective office
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packets. Each of these offices will have assigned the
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investigation a separate file number. Try to find the numbering
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system. Usually the lower righthand corner of the first page
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carries a hand-written file and document number. For instance, an
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FBI document might be marked "100-7142-22". This would indicate
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that it is the 22nd document in the 7142nd file in the 100
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classification. As you inspect the documents, make a list of
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these file numbers and which office they represent. In this way
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you will be able to determine which office created and which
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office received the document you have in your hand. Often there
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is a block stamp affixed with the name of the office from whose
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files this copy was retrieved. the "To/From" heading on a
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document may also give you corresponding file numbers and will
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help you puzzle out the origin of the document.
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When you have finally identified eahc document's file and
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serial number and separated the documents into their proper
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office batches, make a list of all the serial numbers in each
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batch to see if there any any missing numbers. If there are
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missing serial numbers and some documents have been withheld, try
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to determine if teh missing numbers might reasonably correspond
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to the withheld documents. If not, the realease may be incomplete
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and an administrative appeal should be made.
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Step 2: Read all the document released to you. Keep a list
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of all document referred to the text--letters, memos, teletypes,
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reports, etc. Each of these "referred to" documents should turn
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up in the packet released to you. If any are not in the packet,
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it is possible they may be among those document withheld; a
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direct inquiry should be made. In an administrative appeal, ask
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that each of these "referred to" documents be produced or that
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the agency state plainly that they are among those withheld. Of
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course, the totals of unproduced vs. withheld must be within
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reasons; that is, if the total number of unproduced documents you
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find referred to the text of the documents produced exceeds the
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total number of documents withheld, the agency cannot claim that
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all the referred to documents are accounted for by the withheld
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categoty. You will soon get the hand of making logical
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conclusions from discrepancies in the totals and missing document
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numbers.
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Another thing to look for when reading the released
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documents if the names of persons or agencies to whom the
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document has been disseminated. the lower left-hadn corncer is a
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common location for the typed list of agencies or offices to whom
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the document has been directed. In addition, there may be
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additional distribution recorded by hand, there or elsewhere on
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the cover page. There are published glossaries for some agencies
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that will help in deciphering these notaitons when they are not
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clear. Contact FOIA, Inc., if you need assistance in deciphering
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the text.
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Finally, any other file numbers that appear on the document
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should be noted, particularaly in the subject of the file is of
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interest and is one you have not requested. You may want to make
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an additional request for some of these files.
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HOW TO MAKE AN ADMINISTRATIVE APPEAL
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Under the FOIA, a dissatified requester has the right of
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administrative appeal. the name and address of the proper appeal
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office will be given to you by each agency in its final response
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letter.
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This kit contains a sample appeal letter with suggesting for
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adapting it to various circumstances. However, you need not make
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such an elaborate appeal; in fact, you need not offer any reasons
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at all but rather simply write a letter to the appeals unit
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stating that "this letter constitutes an appeal of the agency's
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decision." Of course, if you have identified some real
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discrepanices, you will want to set them for fully, but even if
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you have not found any, you may simply ask that the release be
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reviewed.
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If you are still dissatisfied after the administrative
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appeal process, the FOIA gives you the right to bring a lawsuit
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in federal district court on an expedited basis.
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SAMPLE FBI REQUEST LETTER
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Date:
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To: FOIA/PA Unit
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Federal Bureau of Investigation
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This is a request under the Freedom of Information Act.
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I request a complete and thorough search of all filing
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systems and locations for all records maintained by your agency
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pertaining to and/or captioned: <div>
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<div>
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[describe records desired and/or insert full and
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<div>
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formal name]
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<div>
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<div>
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including, without limitations, files and documents captioned, or
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whose captions include
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<div>
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[insert changes in name, commonly used names,
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<div>
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acronyms, sub-groups, and the like]
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<div>
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<div>
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This request specifically includes "main" files and "see
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references," including, but not limited to numbered and lettered
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sub files, "DO NOT FILE" files, and control files. I also request
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a search of the ELSUR Index,a nd the COINTELPRO Index. I request
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that all records be produced with the administrative pges.
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I wish to be sent copies of "see reference" cards,
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abstracts, serach slips, including search slips used to process
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this request, file covers, multiple copies of the same documents
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if they appear in a file, and tapes of any electronic
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surveillances.
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I wish to make it clear that I want all records in you
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roffice "identifiable with my request," even though reports on
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those records have been sent to Headquarters and even though
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there may be duplication between the two sets of fils. I do not
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want just "interim" documents. I want all documents as they
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appear in the "main" files and "see references" of all units of
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your agency.
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If documents are denied in whole or in part, please specify
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which exemption(s) is(are) claimed for each passage or whole
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document denied. Please provide a complete itemized inventory and
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a detailed factual justification of total or partial denial of
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documents. Give the number of pages in each document and the
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total number of pages pertaining to this request. For
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"classified" material denied pleae include the following
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information: the classification (confidential, secret or top
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secret); identity of the classifer; date or event for automatic
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declassification, classification review, or down-grading; if
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applicable, identity of official authorizing extension of
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automatic declassification or review; and if applicable, the
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reason for extended classification.
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I request that excized material be "blacked out" rather
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thatn "whited out" or cut out and that the remaining non-exempt
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portions of documents will be released as provided under the
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Freedom of Information Act.
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Please send a memo (copy to me) to the appropriate units in
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your office to assure that no records related to this request are
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destroyed. Please advise of any destruction of records and
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include the date of and authority for such destruction.
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As I expect to appeal any denials, please specify the office
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and address to which an appeal should be directed.
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I believe my request qualifies for a waiver of fees since
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the release of the requested information would primarily benefit
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the general public and be "in the public interest."
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I can be reached at the phone listed below. Please call
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rather than write if there are any questions or if you need
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additional information from me.
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I expect a response to this request within ten (10) working
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days, as provided for in the Freedom of Information Act.
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Sincerely,
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name: <div>
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address: <div>
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<div>
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telephone: <div>
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signature: <div>
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SAMPLE AGENCY REQUEST LETTER
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DATE:
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TO: FOIA/PA Unit
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This is a request under the Freedom of Information Act.
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I request a complete and thorough search of all filing
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systems and locations for all records maintained by your agency
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pertaining to and/or captioned
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<div>
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[describe records desired and/or insert full and
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<div>
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formal name]
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<div>
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<div>
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including, without limitation, files and documents captioned, or
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whose captions include:
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<div>
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[insert changes in name, commonly used names,
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<div>
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acronyms, sub-groups and the like]
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<div>
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<div>
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I also request all "see references" to these names, a search
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of the ELSUR Index or any similar technique for locating records
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of electronic surveillance.
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This request is also a request for any corresponding files
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in INS Headquarters or regional offices.
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Please place any "missing" files pertaining to this request
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on "special locate" and advise that you have done this.
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If documents are denied in part or whole, please specify
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which exemption(s) is(are) claimed for each passage or whole
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document denied. Please provide a complete itemized inventory and
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detialed factual justification of total or partial denial of
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documents. Specify the number of pates in each document and th
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ttoal number of pages pertaining to this request. For classified
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material denied, please include the following information: the
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classification rating (confidential, secret, or top secret);
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identify the classifier; date or event for automatic
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declassification, classification review or downgrading; if
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applicable, identify the official authorizing extension of
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automatic declassification or reviw; and, if applicable, give the
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reason for extended classification.
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I request that excised material be "blacked out" rather than
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"whited out" or cut out. I expect, as provided by the Freedom of
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Information Act, that the remaining non-exempt portions of
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documents will be released.
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Please send a memo (copy to me) to the appropriate units in
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your office or agency to assure that no records related to this
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request are destroyed. Please advise of any destruction of
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records and include the date of and authority for such
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destruction.
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As I expect to appeal any denials, please specify the office
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and address to which an appeal should be directed.
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I believe my request qualifies for a waiver of fees since
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the release of the requested information would primarily benefit
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the general public and be "in the public interest."
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I can be reached at the phone listed below. Please call
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rather than write if there are any questions or if you need
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additional information from me.
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I expect a response to this request within ten (10) working
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days, as provided for in the Freedom of Information Act.
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Sincerely,
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name: <div>
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address: <div>
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<div>
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telephone: (<div>)<div>
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signature: <div>
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SAMPLE ADMINISTRATIVE APPEAL LETTER
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Date:
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To: FOIA/PA Appeals Office
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RE: Request numer [Add this if the agency has given your request
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a number]
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This is an appeal pursuant to subsection (a)(6) of the
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Freedom of Information Act as amended (5U.S.C. 552).
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On [date], I received a letter from [name of official] of
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your agency denying my request for [describe briefly the
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information you are after]. This reply indicated that an appeal
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letter could be sent to you. I am enclosing a copy of my exchange
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of correspondence with your agency so that you can see exactly
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what files I have requested and the insubstantial grounds on
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which my request has been denied.
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[Optional paragraph, to be used if the agency has withheld
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all or nearly all the material which has been requested]:
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You will note that your agency has withheld the entire (or
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nearly the entire) document (or file, or report, or whatever)
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that I requested. Since the FOIA provides that "any reasonably
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secregable portion of a record shall be provided to any eprson
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requesting such record after deletion of the portions which are
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exempt," I believe that your agency has not complied with the
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FOIA. I believe that there must be (additional) segregble
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portions which do not fall wihtin FOIA exemptions and which must
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be released.
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[Optional paragraph, to be used in the agency has used the
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(b)(1) exemption for national security, to withhold information]
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Your agency has used the (b)(1) exemption to withhold
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information [I question whether files relating to events that
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took place over twenty years ago could realistically harm the
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national security.] [Because I am familiar with my own activities
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during the period in question, and know that none of these
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activities in any way posed a significant threat to the national
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security, I question the designation of my files or portions of
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my file as classified and exempt from disclosure beca8use of
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national security considerations.]
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[Sample optional argument to be used if the exemption which
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is claimed does not seem to make sense; you should cite as many
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specific instances as you care to of items withheld from the
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documents that you ahve received. We provide two examples which
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you might want to adampt to your own case.]
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"On the memo dated <div> the second paragraph
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withheld under the (b)(1) exemption appears to be describing a
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conversation at an open meeting. If this is the case, it is
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impossible that the substance of this converation could be
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properly classified." Or, "The memo dated <div> refers to a
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meeting which I attended, but a substantial portion is deleted
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because of the (b)(6) and (b)(7)(c) exemptions for unwarranted
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invasions of personal privacy. Since I already know who attended
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this meeting, no privacy interest is served by the withholding."
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I trust that upon examination of my request, you will
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conclude that the records I requested are not properly covered by
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exemption(s) [here repeat the exemptions which the agency's
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denial letter claimed applied to your request] of the amended
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FOIA, and that you will overrule the decision to withhold the
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information.
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[Use if an itemized inventory is not supplied originally]
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If you choose instead to continue to withhold some or all of
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the material which was denied in my initial request to your
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agency, I ask that you give me an index of such matieral,
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together with the justification for the denial of each item which
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is still withheld.
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As provided in the Act, I will expect to receive a reply to
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this administrative appeal letter within twenty working days.
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If you deny this appeal and do not adequately explain why
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the material withheld is properly exempt, I intend to initial a
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lawsuit to compel its disclosure. [You can say that you intend to
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sue, if that is your present inclination; you may still decide
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ultimately not to file suit.]
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Sincerely yours,
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name: <div>
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address: <div>
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<div>
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signature: <div>
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[Mark clearly on envelope: Attention: Freedom of Information
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Appeals]
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FBI ADDRESSES AND PHONE NUMBERS
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FBI Headquarters, J. Edgar Hoover Bldg, Washington, D.C., 20535,
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<data type="phoneNumber">202-324-5520</data> (FOI/PA Unit)
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Field Offices
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Albany, NY 12207, U.S. Post Office and Courthouse, <data type="phoneNumber">518-465-7551</data>
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Albuquerque, NM 87101, Federal Office Bldg., <data type="phoneNumber">505-247-1555</data>
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Alexandria, VA 22314, 300 N. Lee St., <data type="phoneNumber">703-683-2681</data>
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Anchorage, AK 99510, Federal bldg., <data type="phoneNumber">907-272-6414</data>
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Atlanta, GA 30303, 275 Peachtree St. NE, <data type="phoneNumber">404-521-3900</data>
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Baltimore, MD 21207, 7142 Ambassador Rd., <data type="phoneNumber">301-265-8080</data>
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Birminghan, AL 35203, Room 1400, 2121 Bldg. <data type="phoneNumber">205-252-7705</data>
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Boston, MA 02203, J.F. Kennedy Federal Office Bldg., <data type="phoneNumber">617-742-5533</data>
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Buffalo, NY 14202, 111 W. Huron St., <data type="phoneNumber">716-856-7800</data>
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Butte, MT 59701, U.S. Courthouse and Federal Bldg., <data type="phoneNumber">406-792-2304</data>
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Charlotte, NC 28202, Jefferson Standard Life Bldg., <data type="phoneNumber">704-372-5485</data>
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Chicago, IL 60604, Everett McKinley Dirksen Bldg., <data type="phoneNumber">312-431-1333</data>
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Cincinnati, OH 45202, 400 U.S. Post Office & Crthse Bldg., <data type="phoneNumber">513-421-4310</data>
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Cleveland, OH 44199, Federal Office Bldg., <data type="phoneNumber">216-522-1401</data>
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Columbia, SC 29201, 1529 Hampton St., <data type="phoneNumber">803-254-3011</data>
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Dallas TX 75201, 1810 Commrce St., <data type="phoneNumber">214-741-1851</data>
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Denver, CO 80202, Federal Office Bldg., <data type="phoneNumber">303-629-7171</data>
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Detroit, MI 48226, 477 Michigan Ave., <data type="phoneNumber">313-965-2323</data>
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El Paso, TX 79901, 202 U.S. Courthosue Bldg., <data type="phoneNumber">915-533-7451</data>
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Honolulu, HI 96850, 300 Ala Moana Blvd., <data type="phoneNumber">808-521-1411</data>
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Houston, TX 77002, 6015 Fed. Bldg and U.S.Courthouse, <data type="phoneNumber">713-224-1511</data>
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Indianapolis, IN 46202, 575 N. Pennsylvania St., <data type="phoneNumber">317-639-3301</data>
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Jackson, MS 39205, Unifirst Federal and Loan Bldg., <data type="phoneNumber">601-948-5000</data>
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Jacksonville, FL 32211, 7820 Arlington Expressway, <data type="phoneNumber">904-721-1211</data>
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Kansas City, MO 64106, 300 U.S. Courthouse Bldg., <data type="phoneNumber">816-221-6100</data>
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Knoxville, TN 37919, 1111 Northshore Dr., <data type="phoneNumber">615-588-8571</data>
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Las Vegas, NV 89101, Federal Office Bldg., <data type="phoneNumber">702-385-1281</data>
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Little Rock, AR 72201, 215 U.S Post Office Bldg., <data type="phoneNumber">501-372-7211</data>
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Los Angeles, CA 90024, 11000 Wilshire Blvd, <data type="phoneNumber">213-272-6161</data>
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Louisville, KY 40202, Federal Bldg., <data type="phoneNumber">502-583-3941</data>
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Memphis, TN 38103, Clifford Davis Federal bldg., <data type="phoneNumber">901-525-7373</data>
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Miami, FL 33137, 3801 Biscayne Blvd., <data type="phoneNumber">305-573-3333</data>
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Milwaukee, WI 53202, Federal Bldg and U.S. Courthouse, <data type="phoneNumber">414-276-4681</data>
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Minneapolis, MN 55401, 392 Federal Bldg., <data type="phoneNumber">612-339-7846</data>
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Mobile, AL 36602, Federal Bldg., <data type="phoneNumber">205-438-3675</data>
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Newark, NJ 07101, Gateway I, Market St., <data type="phoneNumber">201-622-5613</data>
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New Haven, CT 06510, 170 Orange St., <data type="phoneNumber">203-777-6311</data>
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New Orleans, LA 70113, 701 Loyola Ave., <data type="phoneNumber">504-522-4671</data>
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New York, NY 10007, 26 Federal Plaza, <data type="phoneNumber">212-553-2700</data>
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Norfolk, VA, 23502, 870 N. Military Hwy., <data type="phoneNumber">804-461-2121</data>
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Oklahoma City, OK 73118, 50 Penn Pl. NW, <data type="phoneNumber">405-842-7471</data>
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Omaha, NB 68102, 215 N. 17th St., <data type="phoneNumber">402-348-1210</data>
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Philadelpha, PA 19106, Federal Office Bldg., <data type="phoneNumber">215-629-0800</data>
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Phoenix, AZ 85004, 2721 N. central Ave., <data type="phoneNumber">602-279-5511</data>
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Pittsburgh, PA 15222, Federal Office Bldg., <data type="phoneNumber">412-471-2000</data>
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Portland, OR 97201, Crown Plaza Bldg., <data type="phoneNumber">503-224-4181</data>
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Richmond, VA 23220, 200 W. Grace St., <data type="phoneNumber">804-644-2531</data>
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Sacramento, CA 95825, Federal Bldg., <data type="phoneNumber">916-481-9110</data>
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St. Louis, MO 63103, 2704 Federal Bldg., <data type="phoneNumber">314-241-5357</data>
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Salt Lake City, UT 84138, Federal Bldg., <data type="phoneNumber">801-355-7521</data>
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San Diego, CA 92188, Federal Office Bldg., <data type="phoneNumber">619-231-1122</data>
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San Francisco, CA 94102, 450 Golden Gate Ave., <data type="phoneNumber">415-552-2155</data>
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San Juan, PR 00918 U.S. Courthouse and Fed. Bldg., <data type="phoneNumber">809-754-6000</data>
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Savannah, GA 31405, 5401 Paulson St., <data type="phoneNumber">912-354-9911</data>
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Seattle, WA 98174, 915 2nd Ave., <data type="phoneNumber">206-622-0460</data>
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Springfield, IL 62702, 535 W. Jefferson St., <data type="phoneNumber">217-522-9675</data>
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Tampa, FL 33602, Federal Office Bldg., <data type="phoneNumber">813-228-7661</data>
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Washington, DC 20535, 9th and Pennsylvania Ave. NW, <data type="phoneNumber">202-324-3000</data>
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FEDERAL AGENCIES (SELECTED ADDRESSES)
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Central Intelligence Agency
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Information and Privacy Coordinator
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Central Intelligence Agency
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Washington, D.C. 20505
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<data type="phoneNumber">202-351-5659</data>
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Civil Service Commission
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Appropriate Bureau (Bureau of Personnel Investigation,
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Bureau of Personnel Information Systems, etc.)
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Civil Service Commission
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1900 E Street, N.W.
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Washington, D.C. 20415
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<data type="phoneNumber">202-632-4431</data>
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Commission on Civil Rights
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General Counsel, U.S. Commission on Civil Rights
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1121 Vermont Ae., N.W. Room 600
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Washington, D.C. 20415
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<data type="phoneNumber">202-254-6610</data>
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Consumer Product Safety Commission
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Office of the Secretary
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Consumer Product Safety Commission
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1111 18th St., N.W.
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Washington, D.C. 20207
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<data type="phoneNumber">202-624-7700</data>
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Department of Defense/Dept. of Air Force
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Freedom of Information Manager
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Headquarters, USAF/DADF
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Washington, D.C. 20330-5025
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<data type="phoneNumber">202-697-3467</data></conspiracyFile> |