              USING THE FREEDOM OF INFORMATION ACT
                         REVISED EDITION


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 matieral unless it falls into 
one of nine exempt categores, such as "national security," 
"privacy," "confidential source" and the like, in which case the 
agency may but is not compelled to refuse to disclose the 
records.

	This kit contains all the material needed to make FOIA 
requests for records on an individual, an orgnaization or on a 
particular subject matter or event.

HOW TO MAKE A COMPLETE REQUEST

	Step 1: Select the appropriate smaple letter. Fill in the 
blanks in the body of the letter. Read the directions printed to 
the right of each letter in conjunction with the following 
instructions:

	For organizational files: In the first blank space insert 
the full and formal name of the organization whose files you are 
requesting. In the second blank space insert any other names, 
acronyms or shortened forms by which the organization is or has 
ever been known or referred to by itself or others. If some of 
the organization's work is conducted by sub-groups such as clubs, 
committees, special programs or through coalitions known by other 
names, these should be listed.

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

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

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

	Step 3: Addressing the letters: Consult list of agency 
addresses.

	FBI: A complete request requires a minimum of two 
letters.  Sen done letter to FBI Headquarters and separate letter 
to each FBI field office nearest the location of the individual, 
the organization or the subject matter/event. Consdier the 
location of residences, schools, work and other activities.

	INS: Send a request letter to each district office 
nearest the location of the individual, the organization or the 
subject matter/event.

	Address each letter to the FOIA/PA office of the 
appropraite agency. Be sure to make clearly on the envelope: 
ATTENTION--FOIA REQUEST.

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 
epublic and is not motivated by any "personal interest." Finally, 
if the requested information is already "in the public domain," 
such as in the agency's reading room, no fee waiver will be 
granted.

     You should always request a waiver of fees if you believe 
the information you are seeking will benefit the public. If your 
request for a waiver is denied, you should appeal that denial, 
citing the ways in which your request meets the standards set out 
above.

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 converstaion should be recorded.  
try to take notes during the conversation focusing especially on 
what is said by the agency official. Write down all the details 
you can recall after the call is completed. Continue to call 
every 4 to 6 weeks.

      Good recordkeeping helps avoid time-consuming and 
frustrating confusion. A looseleaf notebook with a section 
devoted to each request simplifies this task. Intervening 
correspondence to and from the agency can be inserted bewteen the 
notes on phone calls so that all relevant material will be at 
hand for the various tasks: phone consultations, writing the 
newsletter, correspondence, articles, preparation for media 
appearances, congressional testimony or litigation, if that 
course is adopted.


     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 excized some passages 
from the documents released. The released documents may be 
enclosed or, if bulky, mailed under separate cover.

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

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

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

	4. No records: This response will state that a search of 
the agency's files indicates that it has no records corresponding 
to those you requested.

	Next step: Check your original request to be sure you 
have not overlooked anything. If you receive documents from other 
agencies, review them for indications that there is matieral in 
teh files of the agency claiming it has none. For example, look 
for correspondence, or references to correspondence, to or from 
that agency. If you determine that there are reasonable grounds, 
file an administrative appeal (see instructions below).

HOW TO CHECK FOR COMPLETENESS

	Step 1: Before reading the documents, turn them over and 
number the back of each page sequentilaly. The packet may contain 
documents from the agency's headquarters as well as several field 
office files. Separate the documents into their reqpective office 
packets. Each of these offices will have assigned the 
investigation a separate file number. Try to find the numbering 
system. Usually the lower righthand corner of the first page 
carries a hand-written file and document number. For instance, an 
FBI document might be marked "100-7142-22". This would indicate 
that it is the 22nd document in the 7142nd file in the 100 
classification. As you inspect the documents, make a list of 
these file numbers and which office they represent. In this way 
you will be able to determine which office created and which 
office received the document you have in your hand. Often there 
is a block stamp affixed with the name of the office from whose 
files this copy was retrieved. the "To/From" heading on a 
document may also give you corresponding file numbers and will 
help you puzzle out the origin of the document.

	When you have finally identified eahc document's file and 
serial number and separated the documents into their proper 
office batches, make a list of all the serial numbers in each 
batch to see if there any any missing numbers. If there are 
missing serial numbers and some documents have been withheld, try 
to determine if teh missing numbers might reasonably correspond 
to the withheld documents. If not, the realease may be incomplete 
and an administrative appeal should be made.

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

	Another thing to look for when reading the released 
documents if the names of persons or agencies to whom the 
document has been disseminated. the lower left-hadn corncer is a 
common location for the typed list of agencies or offices to whom 
the document has been directed. In addition, there may be 
additional distribution recorded by hand, there or elsewhere on 
the cover page. There are published glossaries for some agencies 
that will help in deciphering these notaitons when they are not 
clear. Contact FOIA, Inc., if you need assistance in deciphering 
the text.

	Finally, any other file numbers that appear on the 
document should be noted, particularaly in the subject of the 
file is of interest and is one you have not requested. You may 
want to make an additional request for some of these files.

HOW TO MAKE AN ADMINISTRATIVE APPEAL

	Under the FOIA, a dissatified requester has the right of 
administrative appeal. the name and address of the proper appeal 
office will be given to you by each agency in its final response 
letter.

      This kit contains a sample appeal letter with suggesting 
for adapting it to various circumstances. However, you need not 
make such an elaborate appeal; in fact, you need not offer any 
reasons at all but rather simply write a letter to the appeals 
unit stating that "this letter constitutes an appeal of the 
agency's decision." Of course, if you have identified some real 
discrepanices, you will want to set them forth 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.

-------------------------------------------
Fund for Open Information and Accountability, Inc.  
339 Lafayette Street, New York, NY 10012 (212) 477-3188


[From the Amnet Civil Liberties BBS, Chicago. (312) 436-3062]

