FOIA INFO 1/2

[fergp@sytex.com (Paul Ferguson)]

Phil Karn e-mailed me about posting dotted "i"s and crossed "t"
FOIA sample letters. These are perhaps the best that I've seen and
work well, however, I would suggest that takers have them notorozied
prior to sending them the agengies in question.
 
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FOIA FILES KIT - INSTRUCTIONS
 
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
 
INSTRUCTIONS
 
     The Freedom of Information Act entitles you to request any 
record maintained by a federal Executive branch agency. The 
agency must release the requested 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 material needed to make FOIA 
requests for records on an individual, an organization or on a 
particular subject matter or event.
 
HOW TO MAKE A COMPLETE REQUEST
 
     Step 1:   Select the appropriate sample 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 variations 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. 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 make clearly on the envelope: ATTENTION--FOIA 
REQUEST.
 
FEE WAIVER
 
     You will notice that the sample letters include a request 
for fee waiver. Many agencies automatically waive fees if a 
request results in the release of only a small number of 
documents, e.g. 250 pages or less. Under the Act, you are 
entitled to a waiver of all search and copy fees associated with 
your request if the release of the information would primarily 
benefit the general public. However, in January 1983, the Justice 
Department issued a memo to all federal agencies listing five 
criteria which requesters must meet before they are deemed 
entitled to a fee waiver. Under these criteria, a requester must 
show that the material sought to be released is already the 
subject of "genuine public interest" and "meaningfully 
contributes to the public development or understanding of the 
subject"; and that she/he has the qualifications to understand 
and evaluate the materials and the ability to interpret and 
disseminate the information to th public and is not motivated by 
any "personal interest." Finally, if the requested information is 
already "in the public domain," such as in the agency's reading 
room, no fee waiver will be granted.
     You should always request a waiver of fees if you believe 
the information you are seeking will benefit the public. If your 
request for a waiver is denied, you should appeal that denial, 
citing the ways in which your request meets the standards set out 
above.
 
MONITORING THE PROGRESS OF YOUR REQUEST
 
     Customarily, you will receive a letter from each agency 
within 10 days stating that your request has been received and is 
being processed. You may be asked to be patient and told that 
requests are handled cafeteria style. You have no alternative but 
to be somewhat patient. but there is no reason to be complacent 
and simply sit and wait.
     A good strategy is to telephone the FOIA office in each 
agency after about a month if nothing of substance has been 
received. Ask for a progress report. The name of the person you 
talk with and the gist of the conversation 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 record keeping 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 between the 
notes on phone calls so that all relevant material will be at 
hand for the various tasks: phone consultations, writing the 
newsletter, correspondence, articles, preparation for media 
appearances, congressional testimony or litigation, if that 
course is adopted.
 
HOW TO MAKE SURE YOU GET EVERYTHING YOU ARE ENTITLED TO ...
AND WHAT TO DO IF YOU DO NOT
 
     After each agency has searched and processed your request, 
you will receive a letter that announces the outcome, encloses 
the released documents, if any, and explains where to direct an 
appeal if any material has been withheld. There are four possible 
outcomes:
     1.   Request granted in full: This response indicates that 
the agency has released all records pertinent to your request, 
with no exclusions or withholdings. The documents may be enclosed 
or, if bulky, may be mailed under separate cover. This is a very 
rare outcome. 
     Next Step: Check documents for completeness (see 
instructions below).
     2.   Requested granted in part and denied in part: This 
response indicates that the agency is releasing some material but 
has withheld some documents entirely or excised 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 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 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 right hand 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 any 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 not, the release 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 
category. 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-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 in the subject of the file is of 
interest and is one you have not requested. You may want to make 
an additional request for some of these files.
 
HOW TO MAKE AN ADMINISTRATIVE APPEAL
 
     Under the FOIA, a 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 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 
discrepancies, 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.
 
SAMPLE FBI REQUEST LETTER
 
Date:
 
To:  FOIA/PA Unit
     Federal Bureau of Investigation
 
     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]
_____________________________________________________
 
_____________________________________________________
 
including, without limitations, files and documents captioned, or 
whose captions include
 
_____________________________________________________
[insert changes in name, commonly used names,
_____________________________________________________
acronyms, sub-groups, and the like]
_____________________________________________________
 
_____________________________________________________
 
     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 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, and tapes of any electronic 
surveillances.
     I wish to make it clear that I want all records in you 
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.
 
[ continued next message ]

Paul Ferguson               |  The future is now.
Network Integrator          |  History will tell the tale;
Centreville, Virginia USA   |  We must endure and struggle
fergp@sytex.com             |  to shape it.
 
          Stop the Wiretap (Clipper/Capstone) Chip.