From: lpb@STRATUS.SWDC.STRATUS.COM (Len Bucuvalas)
Newsgroups: alt.activism
Subject: FOIA Resource Kit
Date: 28 Sep 92 21:43:16 GMT

From a friend....I know it has been posted before but still, there may be many
who do not know this information so here it is again.

Len
==============================================================================


Subject: RESOURCE: FOIA KIT part 1
Date: 26 Feb 92 01:52:48 GMT
Organization: W. J. Vermillion - Winter Park, FL




The following 2 part file is a "How-To" FOIA  kit that is an invaluable
resource for those wanting to pry out information from our wonderfully
secretive government. Ever wanted to know what _files_ the Govt has on
*you* ?? Or what files the NSA|DIA|CIA may have on UFO's, the JFK
assassination, Nugan-Hand,BCCI and other lies of our times?
 
Here you go...do with it what you will. :-)

-----------------------FOIA-KIT part 1---------------------------------


          >>> Freedom of Information Kit <<< 

The following files are for individuals or organizations who wish
to make an FOIA application to a federal agency.  Please read the
file <Instructions>  before making your application.  There are 5
files; FOIA Instructions, FOIA Application; FOIA Fee Waiver; FOIA
Appeal;  selected  Federal  FOIA  Addresses;  and   FBI   Offices
nationwide.  

This kit  is  also  available  in  printed  form.  If you wish to
obtain the printed version, please send a check  or  money  order
made payable to FOIA,Inc. for $3.00 to: 

FOIA,Inc., P.O. Box 02 2397, Brooklyn, NY 11202-0050.  

FOIA FILES KIT 

Contents: 

 <1> FOIA Instructions <2> FOIA Application (all agencies) 
 <3> FOIA Fee Waiver <4> FOIA Appeal 
 <5> FOIA Addresses of selected Federal Agencies 
 <6> FBI Addresses & phone numbers nationwide 

<1> FOIA Instructions 

USING THE FREEDOM OF INFORMATION ACT 

The Freedom of Information Act entitles you to request any record
maintained by a federal Executive branch agency.  The agency must
release  the  requested material unless it falls into one of nine
exempt  categories,  such  as  "national  security,"   "privacy,"
"confidential  source" and the like, in which case the agency may
but is not compelled to refuse to disclose the records.  This kit
contains all the materials  needed  to  make  FOIA  requests  for
records  on  an  individual,  an  organization or on a particular
sunject matter or event.  

1988 EDITION 

Fund for Open Information and Accountability, Inc.  P.O.  BOX  02
2397, Brooklyn, NY 11202-0050 (212) 477-3188 

INSTRUCTIONS HOW TO MAKE A COMPLETE REQUEST 

Step 1: Select and make copies of the sample letter.  Fill in the
blanks in the body of the letter.  Read the directions printed to
the  right margin of the letter in conjunction with the following
instructions: 

For individual files: Insert the person's full name in the  first
blank  space  and  any  variations  in spelling, nicknames, stage
names, marriage names, titles and the like in the  second  space.
Unlike other requests, the signatures of an individual requesting
her/his own file must be notarized.  

For  organizational  files:  In  the first blank space insert the
full and formal name of the  organization  whose  files  you  are
requesting.   In  the  second blank space insert any other names,
acronyms or shortened forms by which the organization is  or  has
ever been  known  or referred to by itself or others.  If some of
the organization's work is conducted by sub-groups such as clubs,
committees, special programs or through coalitions known by other
names, these should be listed.  There  is  no  need  to  notarize
signature for organizational requests.  

For subject matter or event files: In the first blank space state
the  formal  title  of  the  subject  matter  or  event including
relevant dates and locations.  In the second blank space  provide
the names of individuals or group sponsors or participants and/or
any  other  information  that would assist the agency in locating
the material you are requesting.  

Step 2: The completed sample letter may be  removed,  photocopied
and mailed  as  is or retyped on your own stationary.  Be sure to
keep a copy of each letter.  

Step 3: Addressing the letters: Consult list of agency  addresses
on page  7 and 8 of this kit.  FBI: A complete request requires a
minimum of two letters.  Send one letter to FBI Headquarters  and
separate letters to each FBI field office nearest the location of
the  individual,  the  organization  or the subject matter/event.
Consider the location of residences,  schools,  work,  and  other
activities.   INS:  Send a request letter to each district office
nearest the location of the individual, the organization  or  the
subject matter/event.   Address each letter to the FOIA/PA office
of the appropriate agency.   Be  sure  to  mark  clearly  on  the
envelope: Attention FOIA Request.  

FEES 

In 1987  a  new  fee structure went into effect.  Each agency has
new  fee  regulations  for  search  and  review  time   and   for
duplication of  released  documents.   Commercial requesters must
pay for search and review time and for duplication costs.    News
Media representatives and Educational and Scientific Institutions
whose  purpose  is  scholarly  or  scientific  research  pay  for
duplication only.  Public Interest  groups  who  can  qualify  as
press,  educational,  or  scientific institutions will be charged
duplication costs only.  All other non-commercial requesters  are
entitled  to up to 100 pages of free copying and up to 2 hours of
free search time.  Requesters will have to pay fees for work that
extends beyond those limits unless they qualify for a fee  waiver
or reduction  (see  below).  No fee may be charged if the cost of
collection exceeds the fee.  Advanced payment may not be demanded
unless a requester has previously failed to pay on  time  or  the
fee exceeds $250.  

FEE WAIVER 

You  will  notice that the sample letter includes a request for a
fee waiver with instructions  for  the  agency  to  refer  to  an
attached sheet.    Fees for all non-commercial requesters, beyond
the 2 hours/100 page/automatic waiver  described  above,  may  be
waived or reduced if the disclosure of the information is: in the
public  interest because it is likely to contribute significantly
to public understanding of the operations or  activities  of  the
government  and  is  not primarily in the commericial interest of
the requester.  You should always request a waiver or fees if you
believe the information you are seeking will benefit the  public.
Read  the  fee waiver worksheet for non-commercial users included
in this kit on page 5 for help in composing a request for  a  fee
waiver.   If  your  request  for  a  waiver is denied, you should
appeal that denial, citing the ways in which your  request  meets
the standards set in the attached fact sheet.  

HOW  TO MAKE SURE YOU GET EVERYTHING YOU ARE ENTITLED TO. . . AND
WHAT TO DO IF YOU DON'T 

After each agency has searched and processed  your  request,  you
will  receive  a  letter that announces the outcome, encloses the
released documents, if any,  and  explains  where  to  direct  an
appeal if  any  material  has  been  withheld.    There  are four
possible outcomes: 

1. Request granted in full: This occurs very  infrequently.    If
the  response  indicates that the agency has released all records
pertinent to your request, with no  exclusions  or  withholdings,
you  will  receive  the  requested documents with an agency cover
letter, or if bulky, the documents may be mailed  under  separate
cover.  

Next  step:  Check  documents  for completeness (see instructions
below)  and  make  an  administrative  appeal  if  you   find   a
discrepancy between your own analysis and that of the agency (see
instructions below).  

2.  Request  granted  in  part  and denied in part: This response
indicates that the agency is  releasing  some  material  but  has
withheld  some  documents  entirely or excized some passages from
the documents released.  The released documents may  be  enclosed
or, if bulky, mailed under separate cover.  

Next  step:  Check  documents  for completeness (see instructions
below)  and  make  an  administrative  appeal   of   denials   or
incompleteness (see instructions below).  

3.  Request  denied  in  full:  This response and the denied part
response indicate that the agency is asserting that  material  in
its  files pertaining to your request falls under one of the nine
FOIA exemptions.  These are categories of  information  that  the
agency may, at its discretion, refuse to release.  

Next  step:  Make  an  administrative  appeal  (see  instructions
below).  Since FOIA exemptions are not mandatory, even a complete
denial of your request can and should be appealed.  

4. No records: This response will state  that  a  search  of  the
agency's  files indicates that it has no records corresponding to
those you requested.  Next step: Check your original  request  to
be sure  you  have  not  overlooked  anything.    If  you receive
documents from other agencies, review them for  indications  that
there  is  material  in  the  files of the agency claiming it has
none.  For example, look for  correspondence,  or  references  to
correspondence, to  or  from  that agency.  If you determine that
there are reasonable grounds, file an administrative appeal  (see
instructions below).  

HOW TO CHECK DOCUMENTS FOR COMPLETENESS 

Step  1:  Before reading the documents, turn them over and number
the back of each page  sequentially.    The  packet  may  contain
documents from the agency's headquarters as well as several field
office files.    Separate  the  documents  into  their respective
office packets.  Each of these offices  will  have  assigned  the
investigation a  separate file number.  Try to find the numbering
system.  Usually the lower righthand corner  of  the  first  page
carries a  hand-written  file and document number.  For instance,
an  FBI  document  might  be  marked  "100-7142-22."  This  would
indicate  that  it is the 22nd document in the 7142nd file in the
100 classification.  As you inspect the documents, make a list of
these file numbers and which office they represent.  In this  way
you  will  be  able  to  determine which office created and which
office received the document you have in your hand.  Often  there
is  a  block stamp affixed with the name of the office from whose
files this copy was  retrieved.    The  "To/From"  heading  on  a
document  may  also  give you corresponding file numbers and will
help you puzzle out the origin of the document.   When  you  have
finally  identified  each  document's  file and serial number and
separated the documents into their proper office batches, make  a
list  of all the serial numbers in each batch to see if there are
any missing numbers.  If there are  missing  serial  numbers  and
some  documents  have  been  withheld,  try  to  determine if the
missing numbers  might  reasonably  correspond  to  the  withheld
documents.   If  they don't, the release may be incomplete and an
administrative appeal should be made.  

Step 2: Read all the documents released to you.  Keep a  list  of
all  documents referred to in the text, including letters, memos,
teletypes, reports, etc.  Each of these "referred  to"  documents
should turn  up in the packet released to you.  If any are not in
the packet, it is possible that  they  are  among  the  documents
withheld and   a   direct   inquiry   should  be  made.    In  an
administrative appeal, ask  that  each  of  these  "referred  to"
documents  be produced or that the agency state plainly that they
are among those withheld.    List  each  "referred  to"  document
separately.  The totals of unproduced vs.  witheld must be within
reason;  that is, if the total number of unproduced documents you
find referred to in the text of the  documents  produced  exceeds
the  total  number of documents withheld, the agency cannot claim
that all the "referred to" documents are  accounted  for  by  the
withheld category.   You will soon get the hang of making logical
conclusions from discrepancies in  totals  and  missing  document
numbers.  

Another  thing to look for when reading the released documents is
the names of persons or agencies to whom the  document  has  been
disseminated.   The  lower  left-hand corner is a common location
for the typed list of agencies or offices to  whom  the  document
has been   directed.    In  addition,  there  may  be  additional
distribution recorded by hand, there or elsewhere, on  the  cover
page.  There are published glossaries for some agencies that will
help  in  deciphering  these  notations  when they are not clear.
Contact FOIA, Inc. if you  need  assistance  in  deciphering  the
text.   Finally,  any  other  file  numbers  that  appear  on the
document should be noted, particularly if the subject of the file
is of interest and is one you have not requested.  You  may  want
to make an additional request for some of these files.  

HOW TO MAKE AN ADMINISTRATIVE APPEAL 

Under  the  FOIA,  a  dissatisfied  requester  has  the  right of
administrative appeal.  The name and address of the proper appeal
office will be given to you by each agency in its final  response
letter.    This   kit   contains  a  sample  appeal  letter  with
suggestions for adapting it to various circumstances.    However,
you need not make such an elaborate appeal; in fact, you need not
offer  any reasons at all but rather simply write a letter to the
appeals unit stating that "This letter constitutes an  appeal  of
the agency's  decision."   Of course, if you have identified some
real discrepancies, you should set them forth fully (for  example
see  Step 2 under "How to Check Documents for Completeness"), but
even if you have not found any,  you  may  simply  ask  that  the
release be  reviewed.    If  you are still dissatisfied after the
administrative appeal process, the FOIA gives you  the  right  to
bring a lawsuit in federal district court.  

MONITORING THE PROGRESS OF YOUR REQUEST 

You  should  receive  a  letter  from  each agency within 10 days
stating  that  your  request  has  been  received  and  is  being
processed.   You  may  be  asked to be patient since requests are
being handled on a first come  first  served  basis.    The  best
strategy is to be "reasonably" patient, but there is no reason to
sit complacently  and wait for an interminable period of time.  A
good strategy is to telephone the  FOIA  office  in  each  agency
after  about  a  month if you have received nothing of substance.
Ask for a progress report.  Note the name of the person you speak
to and what they say.  Continue to call every 4 to 6 weeks.  

Good record keeping helps avoid  time-consuming  and  frustrating
confusion.   A  looseleaf notebook with a section devoted to each
request simplifies this task.  At the beginning  of  the  request
process,  sometimes  it  is  difficult  to foresee what course of
action you will want to take in the future.  Keep copies  of  all
correspondence to  and  from  each  agency.  They can be inserted
between the notes on phone calls so that  all  relevant  material
will  be  at  hand for future use, including phone consultations,
correspondence,  newspaper  articles,   preparation   for   media
appearances, congressional testimony or litigation.  

<2> FOIA Application (all agencies) 

[NOTE: All the text in braces [] is for your information.  Do NOT
include  in  request] [NOTE: Start by photocopying several copies
of this letter or retype if you prefer] 

SAMPLE REQUEST LETTER FOR ALL AGENCIES

Date:                                     O FBI Headquarters
To: FOIA/ PA Unit                         O FBI Field Office:
                                          O Other Agency:
[Check box for appropriate agency]

This is a noncommerical request under the Freedom of Information and 
Privacy Acts. I have attached a sheet setting out my application for a fee 
waiver of any fees in excess of those which are provided free because of my 
category.

My category for fee and fee waiver purposes is (check one):
O  request for personal file; no search fee and 100 free pages.
O  journalist, academic or scientist; no search fee and 100 free pages.
O  other non-commerical requester (group or person); 2 hours free search 
and 100 free pages.

I request a complete and thorough search of all filing systems and 
locations for all records maintained by your agency pertaining to and/or 
captioned:
[check appropriate box]
____________________________________________________________
____________________________________________________________
____________________________________________________________
including, without limitation, files and documents captioned,
or whose captions include
[describe records desired and/or insert full and formal name]
____________________________________________________________
____________________________________________________________
____________________________________________________________

This request specifically includes where appropriate "main" files
and  "see  references," including but not limited to numbered and
lettered sub files and control files.  I also request a search of
the  Electronic  Surveillance  (ELSUR)  Index,  or  any   similar
technique for locating records of electronic surveillance and the
COINTELPRO Index. I request that all records be produced with the
administrative pages.     I  wish  to  be  sent  copies  of  "see
reference" cards, abstracts, search slips, including search slips
used to process this request, file covers, multiple copies of the
same documents if they appear in a file, tapes of any  electronic
surveillance,  photographs,  and  logs  of  physical surveillance
(FISUR). Please place missing documents on "special locate."  

I wish to make it clear that I want all records  in  your  office
"identifiable  with  my  request,"  even  though reports on those
records have been sent to Headquarters and even though there  may
be duplication between the two sets of files.  I do not want just
"interim" documents.   I want all documents as they appear in the
"main" files and "see references" of all units of your agency.  

If documents are denied in whole or in part, please specify which
exemption(s) is(are) claimed for each passage or  whole  document
denied.   Give the number of pages in each document and the total
number of pages pertaining to  this  request  and  the  dates  of
documents withheld.   I request that excised material be "blacked
out" rather than "whited out" or cut out and that  the  remaining
non-exempt  portions  of  documents be released as provided under
the Freedom of Information Act. Please send a memo (with  a  copy
or  copies  to  me)  to the appropriate unit(s) in your office to
assure that no records related to  this  request  are  destroyed.
Please  advise of any destruction of records and include the date
of and authority for such destruction.  As I expect to appeal any
denials, please specify the office and address to which an appeal
should be directed.  

I can be reached at the phone listed below.  Please  call  rather
than  write  if there are any questions or if you need additional
information from me.  I expect a response to this request  within
ten  (10)  working  days,  as  provided  for  in  the  Freedom of
Information Act.  

Sincerely,
(Signed)____________________________________________
Name (print or type):_______________________________
Address:____________________________________________________
___________________________________________________________
Telephone:_________________Social Security number (optional): _______
(for personal files)                             (for organization files)
Date of Birth:___________________Date of founding: _______________
Place of birth:___________________Place of founding: ______________
Address of organization:___________________________________
___________________________________________________________
___________________________________________________________

[MARK CLEARLY ON ENVELOPE: FOI/PA REQUEST]

<3> FOIA Fee Waiver 

Fee Waiver Worksheet for Non-Commercial Requesters 

All  non-commercial  requesters  are  entitled to apply for a fee
waiver for charges in excess of those  which  are  provided  free
because of  requester's  category.    Following amendments to the
FOIA in October  1986,  the  Justice  Department  issued  a  memo
outlining  six  criteria  to  be  used by agencies in determining
whether or not to grant fee waivers.  Many Congresspeople dispute
the memo's legality, pointing out its  invitation  to  subjective
judgements,   and   its   proclivity  to  intimidate  requesters.
Nevertheless, until the six criteria are  eliminated,  either  by
Congress or court decisions, requesters will have to address them
in order to qualify for a fee waiver.  To apply for a fee waiver,
attach   a  separate  sheet  of  paper  to  your  request  letter
explaining in narrative form how your request satisfies  each  of
the following  six  criteria.    (All  highlighted phrases in the
following text are taken directly  from  the  Justice  Department
memo): 

(1) Explain how the records you are requesting are likely to shed
light on  the  operations  or  activities of the government.  (2)
Describe how the records you are requesting  will  contribute  to
the understanding of government operations or activities.  If the
information  being  requested is not already in the public domain
bring this fact to the agency's attention.  (3)a. Explain to  the
agency   how   the   public  will  ultimately  benefit  from  the
information you are requesting.  Legislative history  and  recent
case law indicate that the "public" is not limited to U.S. public
nor must   it   be   the   "public   at-large."     For  example,
Representatives English and Kindness jointly stated during recent
Congressional debate,  "Public  understanding  is  enhanced  when
information  is  disclosed  to  the  subset  of  the  public most
interested, concerned or  affected  by  a  particular  action  or
matter."  

Furthermore, District Court Judge Harold Greene in a 1987 opinion
involving  a  request  by a Canadian newspaper said, "There is no
requirement in the [FOIA] statute that  news  media  seeking  fee
waivers  [must]  serve  the  American public exclusively, or even
tangentially ... an FBI official does not have the  authority  to
amend  the  law of the United States by restricting it beyond its
plain terms."* In other words, the public  you  seek  to  educate
does  not have to reside in the United States, nor is the size of
that public relevant to your entitlement to a fee waiver.  

(3)b. Explain to the  agency  your  qualifications  (educational,
work   experience,   etc.)   for   understanding   the  requested
information and outline your ability and intention to disseminate
the information once it has been obtained.   You  might  want  to
cite any of the following activities in order to demonstrate your
ability  and  intention to disseminate information to the public:
writing newspaper or scholarly articles, writing books,  granting
interviews,  public speaking engagements, preparing Congressional
testimony, producing pamphlets,  videos,  film,  radio  programs,
etc.  

(4)  The Justice Department memo stipulates that the contribution
to public understanding must be "significant." What constitutes a
"significant" contribution is clearly susceptible  to  subjective
interpretation.   However,  we suggest that you make reference to
current news stories, efforts to correct the historical record or
expose government or corporate fraud or threats to public  health
and safety.   Broadly speaking, any information that would enable
the public to hold the government  accountable  for  any  of  its
operations  or  activities  can  be  persuasively  argued to be a
"significant" contribution to public understanding.  

(5) and (6) Explain to the agency (if it is the  case)  that  any
commercial  interest  that  will  be  furthered  by the requested
records is not the primary interest when compared to  the  public
interest that will be served.  For example, if the information is
requested  pursuant  to  the  publication  of  a book, you should
explain (if it is the case) that this book  is  not  destined  to
become  a  bestseller because of topic, publisher, or anticipated
audience, etc.  

News media representatives, scholars or scientists,  should  make
requests  for  documents  and  fee  waivers  on  the  appropriate
institutional letterhead.  Similarly, requests for organizational
files should be made on the appropriate letterhead.  You  have  a
right  to file an administrative appeal if you receive an adverse
decision  regarding  either  your  fee  category  or  fee  waiver
request.   The  letter  containing the adverse decision will tell
you to whom you should direct the appeal.  * Joint  statement  by
Reps.  English  and  Kindness,  Congressional  Record,  H-  9464,
October 8, 1986; Judge Greene's opinion in Southam News v.   INS.
(Civ. No. 85-2721, D.D.C., November 9, 1987).  <4> FOIA Appeal 

SAMPLE ADMINISTRATIVE APPEAL LETTER 

Date:  To: FOIA/PA Appeals Office RE: Request number [Add this if
the agency has given your request a number]  This  is  an  appeal
pursuant  to  subsection (a)(6) of the Freedom of Information Act
as amended (5 U.S.C. 552).  On [date] I received  a  letter  from
[name  of  official]  of  your  agency  denying  my  request  for
[describe briefly the information your are after].    This  reply
indicated that  an  appeal  letter  could  be  sent to you.  I am
enclosing a copy of  my  exchange  of  correspondence  with  your
agency  so  that  you can see exactly what files I have requested
and the insubstantial  grounds  on  which  my  request  has  been
denied.  

[Insert  following  paragraph  if  the agency has withheld all or
nearly all the material which has been requested] 

You will note that your agency has withheld the entire (or nearly
entire) document that I requested.  Since the FOIA provides  that
"any  reasonably segregable portion of a record shall be provided
to any person  requesting  such  record  after  deletion  of  the
portions  which  are  exempt," I believe that your agency has not
complied with the FOIA. I believe that there must be (additional)
segregable portions which do not fall within the FOIA  exemptions
and which must be released.  

[Insert  following  paragraph  if  the agency has used the (b)(1)
exemption for national security purposes to withhold information] 

Your  agency  has  used  the   (b)(1)   exemption   to   withhold
information.   [I  question whether files relating to events that
took place over twenty years ago  could  realistically  harm  the
national security.] [Because I am familiar with my own activities
during  the  period  in  question,  and  know  that none of these
activities in any way posed a significant threat to the  national
security,  I  question the designation of my files or portions of
my file as classified  and  exempt  from  disclosure  because  of
national security considerations.] 

[Sample  optional  arguments to be used if the exemption which is
claimed does not seem to make sense;  you  should  cite  as  many
specific  instances  as  you  care  to of items withheld from the
documents that you have received.  We provide two examples  which
you might want to adapt to your own case.] 

"On  the  memo dated______the second paragraph withheld under the
(b)(1) exemption appears to be describing a  conversation  at  an
open meeting.    If  this  is the case, it is impossible that the
substance of this conversation  could  be  properly  classified."
Or, "The memo dated____ refers to a meeting which I attended, but
a  substantial  portion  is  deleted  because  of  the (b)(6) and
(b)(7)(c)  exemptions  for  unwarranted  invasions  of   personal
privacy.   Since  I  already  know  who attended this meeting, no
privacy interest is served by the withholding."  

I trust that upon examination of my request,  you  will  conclude
that  the  records  I  have requested are not properly covered by
exemption(s)____ [insert  the  exemption(s)  which  the  agency's
denial  letter  claimed  applied  to your request] of the amended
FOIA, and that you will overrule the  decision  to  withhold  the
information.  

[Insert  following  paragraph  if  an  itemized inventory was not
supplied by the agency] 

If you choose to continue to withhold some or all of the material
which was denied in my initial request to your agency, I ask that
you give  me  an  index  of  such  material,  together  with  the
justification  for  the  denial  of  each  item  which  is  still
withheld.  As provided in the Freedom of Information Act, I  will
expect  to  receive  a  reply to this adminstrative appeal letter
within twenty (20) working days.  If you deny this appeal and  do
not  adequately  explain  why  the  material withheld is properly
exempt, I intend to initiate a lawsuit to compel its  disclosure.

[You  can  say  that  you  intend  to sue if that is your present
inclination even though you may ultimately  decide  not  to  file
suit.]  

Sincerely,  
name:  
address:  
signature:  

[MARK CLEARLY ON ENVELOPE: ATTENTION: FREEDOM OF INFORMATION 
APPEALS]

----------------------Cont in FOIA-KIT part 2-------------------------

Don



-- 
-* Don Allen *-               // Only   | Are you ready for SETI?
Internet: dona@bilver.uucp  \X/ Amiga   | Oct 12,1992 - ET comes to NM
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Psi-Tech and alien brain-wave research -- Whats going on at Los Alamos?


Article 11606 of alt.conspiracy: