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.
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.
FBI: A complete request requires a minimum of two letters. Send 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 appropraite agency. Be sure to make clearly on the envelope: ATTENTION--FOIA REQUEST.
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.
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.
Next Step: Check documents for completeness (see
instructions below).
Next step: Check documents released for
completeness (see instructions below) and make an administrative appeal
of denials or incompleteness (see instructions below).
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.
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).
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 teh missing numbers might reasonably correspond to the withheld documents. If not, the release may be incomplete and an administrative appeal should be made.
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.
This kit contains a sample appeal letter with suggesting for adapting it to various circumstances. However, you need not make such an elaborate appeal; in fact, you need not offer any reasons at all but rather simply write a letter to the appeals unit stating that "this letter constitutes an appeal of the agency's decision." Of course, if you have identified some real discrepanices, you will want to set them for fully, but even if you have not found any, you may simply ask that the release be reviewed.
If you are still dissatisfied after the administrative appeal process, the FOIA gives you the right to bring a lawsuit in federal district court on an expedited basis.
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, serach slips, including search slips used to process this request, file covers, multiple copies of the same documents if they appear in a file, and tapes of any electronic surveillances.
I wish to make it clear that I want all records in 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 fils. I do not want just "interim" documents. I want all documents as they appear in the "main" files and "see references" of all units of your agency.
If documents are denied in whole or in part, please specify which exemption(s) is(are) claimed for each passage or whole document denied. Please provide a complete itemized inventory and a detailed factual justification of total or partial denial of documents. Give the number of pages in each document and the total number of pages pertaining to this request. For "classified" material denied pleae include the following information: the classification (confidential, secret or top secret); identity of the classifer; date or event for automatic declassification, classification review, or down-grading; if applicable, identity of official authorizing extension of automatic declassification or review; and if applicable, the reason for extended classification.
I request that excized material be "blacked out" rather that "whited out" or cut out and that the remaining non-exempt portions of documents will be released as provided under the Freedom of Information Act.
Please send a memo (copy to me) to the appropriate units in your office to assure that no records related to this request are destroyed. Please advise of any destruction of records and include the date of and authority for such destruction.
As I expect to appeal any denials, please specify the office and address to which an appeal should be directed.
I believe my request qualifies for a waiver of fees since the release of the requested information would primarily benefit the general public and be "in the public interest."
I can be reached at the phone listed below. Please call rather than write if there are any questions or if you need additional information from me.
I expect a response to this request within ten (10) working days, as provided for in the Freedom of Information Act.
Sincerely,
name
address
telephone
signature
On [date], I received a letter from [name of official] of your agency denying my request for [describe briefly the information you are after]. This reply indicated that an appeal letter could be sent to you. I am enclosing a copy of my exchange of correspondence with your agency so that you can see exactly what files I have requested and the insubstantial grounds on which my request has been denied.
[Optional paragraph, to be used if the agency has withheld all or nearly all the material which has been requested]:
You will note that your agency has withheld the entire (or nearly the entire) document (or file, or report, or whatever) that I requested. Since the FOIA provides that "any reasonably secregable portion of a record shall be provided to any 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) segregble portions which do not fall wihtin FOIA exemptions and which must be released.
[Optional paragraph, to be used in the agency has used the (b)(1) exemption for national security, to withhold information]
Your agency has used the (b)(1) exemption to withhold information [I question whether files relating to events that took place over twenty years ago could realistically harm the national security.] [Because I am familiar with my own activities during the period in question, and know that none of these activities in any way posed a significant threat to the national security, I question the designation of my files or portions of my file as classified and exempt from disclosure beca8use of national security considerations.]
[Sample optional argument to be used if the exemption which is claimed does not seem to make sense; you should cite as many specific instances as you care to of items withheld from the documents that you ahve received. We provide two examples which you might want to adampt to your own case.]
"On the memo dated _____________ the second paragraph withheld under the (b)(1) exemption appears to be describing a conversation at an open meeting. If this is the case, it is impossible that the substance of this converation could be properly classified." Or, "The memo dated _____ refers to a meeting which I attended, but a substantial portion is deleted because of the (b)(6) and (b)(7)(c) exemptions for unwarranted invasions of personal privacy. Since I already know who attended this meeting, no privacy interest is served by the withholding."
I trust that upon examination of my request, you will conclude that the records I requested are not properly covered by exemption(s) [here repeat the exemptions which the agency's denial letter claimed applied to your request] of the amended FOIA, and that you will overrule the decision to withhold the information.
[Use if an itemized inventory is not supplied originally]
If you choose instead to continue to withhold some or all of the material which was denied in my initial request to your agency, I ask that you give me an index of such mateiral, together with the justification for the denial of each item which is still withheld.
As provided in the Act, I will expect to receive a reply to this administrative appeal letter within twenty working days.
If you deny this appeal and do not adequately explain why the material withheld is properly exempt, I intend to initial a lawsuit to compel its disclosure. [You can say that you intend to sue, if that is your present inclination; you may still decide ultimately not to file suit.]
Sincerely yours,
name
address
signature
[Mark clearly on envelope: Attention: Freedom of Information
Appeals]