

From the Radio Free Michigan archives



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If you have any other files you'd like to contribute, e-mail them to

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------------------------------------------------



          >>> 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]





<5> FOIA Addresses of selected Federal Agencies 



FUND FOR OPEN INFORMATION AND ACCOUNTABILITY, INC.  P.O.  BOX  O2

2397, BROOKLYN, NY 11202-0050 









FOIA/PA ADDRESSES FOR SELECTED FEDERAL AGENCIES 



Administrative  Office  of the U.S. Courts Washington, D.C. 20544

(202) 633-6117 



Bureau of Prisons 320 1st St., NW Washington,  D.C.  20534  (202)

724-3198 



Central  Intelligence  Agency Information and Privacy Coordinator

Washington, D.C. 20505 



Civil Service Commission Appropriate Bureau (Bureau of  Personnel

Investigation, Bureau of Personnel Information Systems, etc.) 



Civil  Service  Commission  1900  E Street, N.W. Washington, D.C.

20415 (202) 632-4431 



Commission on Civil Rights General Counsel,  U.S.  Commission  on

Civil  Rights  1121  Vermont Ave., N.W., Rm. 600 Washington, D.C.

20405 (202) 376-8177 



Consumer  Producet  Safety  Commission  1111   18th   St.,   N.W.

Washington, D.C. 20207 (301) 492-6580 



Defense   Intelligence   Agency  The  Pentagon  Washington,  D.C.

20301-6111 (202) 697-8844 



Department of Defense/Department of  the  Air  Force  Freedom  of

Information  Manager  Headquarters,  USAF/DADF  Washington,  D.C.

20330-5025 (202) 545-6700 



Department of Defense/Department  of  the  Army  General  Counsel

Secretary  of  the  Army The Pentagon, Rm. 2E727 Washington, D.C.

20310 (202) 545-6700 



Department of Defense/ Marine  Corps  Commandant  of  the  Marine

Corps   Department   of   the  Navy  Headquarters,  Marine  Corps



Washington, D.C. 20380-0001 (202) 694-2500 



Department  of  Defense/  Dept.  of  the  Navy  Chief  of   Naval

Operations  OP  09  B30  Pentagon,  Rm.  5E521  Washington,  D.C.

20350-2000 (202) 545-6700 



Department of Energy 1000 Independence Ave.,  S.W.    Washington,

D.C. 20585 (202) 252-5000 



Department  of  Justice/  General  Administration (includes Civil

Rights Division, Antitrust  Division,  Drug  Enforcement  Admin.,

Immigration  and  Naturalization  Service) FOIA/ Privacy Act Unit

(of the appropriate division) 

 Department  of  Justice  Constitution  Ave.  &  10th  St.,  N.W.

Washington, D.C. 20530 (202)633-2000 



Department of Labor 200 Constitution Ave., N.W.  Washington, D.C.

20210 (202) 523-8165 



Department  of  State Director, Freedom of Information Bureau for

Public Administration Department of State, Rm  239  2201  C  St.,

N.W.  Washington, D.C. 20520 (202) 647-3411 



Department   of   the  Treasury  Internal  Revenue  Service  1111

Constitution Ave., N.W.  Washington, D.C.  20224  (202)  566-5000

(Consult phone book for regional offices) 



Environmental  Protection  Agency  Freedom  of Information Office

A101 Room 1132 West Tower 401 M St., S.W.  Washington, D.C. 20460

(202) 382-4048 



Equal Employment Opportunities Comm.  Office  of  Legal  Services

2401  E  St.,  N.W., Rm. 214 Washington, D.C. 20507 Attn. Richard

Roscio, Assc. Legal Counsel (202) 634-6922 



Federal Communications Commission 1919 M St., N.W.    Washington,

D.C. 20554 (202) 254-7674 



Food  and  Drug  Administration  5600  Fishers Lane Rockville, MD

20857 (301) 443-1544 



Health  and  Human   Services   200   Independence   Ave.,   S.W.

Washington,  D.C. 20201 Housing and Urban Development 451 Seventh

St., S.W.  Washington, D.C. 20410 (202) 755-6420 



National Aeronautics & Space  Administration  400  Maryland  Ave,

S.W.  Washington, D.C. 20546 (202) 453-1000 



National  Archives  and  Records Service Pennsylvania Ave. at 8th

St., N.W.  Washington, D.C. 20408 (202) 523-3130 



National Labor  Relations  Board  1717  Pennsylvania  Ave.,  N.W.

Washington, D.C. 20570 (202) 632-4950 



National Security Agency Ft. George G. Meade, MD 20755-6000 (301)

688-6311 



National Security   Council   Old   Executive   Bldg.     17th  &

Pennsylvania Ave., N.W.   Washington,  D.C.  20506  Attn.  Brenda

Reger (202) 395-3103 



Nuclear  Regulatory Commission Director, Office of Administration

Washingto n, D.C. 20555 (202) 492-7715 



Secret Service U.S. Secret Service 1800 G St., N.W.   Washington,

D.C. 20223 Attn. FOIA/ Privacy Office (202) 634-5798 



Securities and Exchange Commission 450 5th St., N.W.  Washington,

D.C. 20549 (202) 272-2650 



U.S. Customs  Service  1301  Constitution Ave., N.W.  Washington,

D.C. 20229 (202) 566-8195 



U.S. Agency for International Development  320  21st.  St.,  N.W.

Washington, D.C. 20532 (202) 632-1850 



U.S. Office of Personnel Management 1900 E St., N.W.  Washington,

D.C. 20415 (202) 632-5491 



U.S.  Postal  Service  Records  Office  475  L'Enfant Plaza, S.W.

Washington, D.C. 20260-5010 (202) 245-5568 



Veterans Administration 810 Vermont Ave., N.W.  Washington,  D.C.

20420 (202) 389-2741 



<6> FBI Addresses & phone numbers nationwide





2/88

DIVISION            ADDRESS                                TELEPHONE

Albany, NY 12207      502 U.S. Post Office and Courthouse  518-465-7551

Albuquerque, NM 87102 301 Grand Ave. NE                    505-247-1555

Alexandria, VA 22314  300 N. Lee St                        703-683-2680

Anchorage, AK 99513   701 C St                             907-276-4441

Atlanta, GA 30302     275 Peachtree St. NE                 404-521-3900

Baltimore, MD 21207   7142 Ambassador Rd                   301-265-8080

Birmingham, AL 35203  Room 1400, 2121 Bldg                 205-252-7705

Boston, MA 02203      John F. Kennedy Federal Office Bldg  617-742-5533

Buffalo, NY 14202     111 W. Huron St                      716-856-7800

Butte, MT 59702       U.S. Courthouse and Federal Bldg     406-792-2304

Charlotte, NC 28210   6010 Kenley Lane                     704-529-1030

Chicago, IL 60604     219 S. Dearborn St                   312-431-1333

Cincinnati, OH 45205  50 Main St                           513-421-4310

Cleveland, OH 44199   1240 E. 9th St                       216-522-1400

Columbia, SC 29201    1529 Hampton St                      803-254-3011

Dallas, TX 75202      1801 N. Lamar                        214-741-1851

Denver, CO 80202      Federal Office Bldg                  303-629-7171

Detroit, MI 48226     477 Michigan Ave                     313-965-2323

El Paso, TX 79901     202 U.S. Courthouse Bldg             915-533-7451

Honolulu, HI 96850    300 Ala Moana Blvd                   808-521-1411

Houston, TX 77002     515 Rusk Ave                         713-224-1511

Indianapolis, IN 46204 575 N. Pennsylvania St              317-639-3301

Jackson, MS 39264     100 W. Capitol St                    601-948-5000

Jackonsville, FL 32211 7820 Arlington Expressway           904-721-1211

Kansas City, MO 64106 300 U.S. Courthouse Bldg             816-221-6100

Knoxville, TN 37919   1111 Northshore Dr                   615-588-8571

Las Vegas, NV 89101   Las Vegas Blvd. S                    702-385-1281

Little Rock, AR 72201 215 U.S. Post Office Bldg            501-372-7211

Los Angeles, CA 90024 11000 Wilshire Blvd                  213-477-6565

Louisville, KY 40202  600 Federal Pl                       502-583-3941

Memphis, TN 38103     67 N. Main St                        901-525-7373

Miami, FL 33137       3801 Biscayne Blvd                   305-573-3333

Milwaukee, WI 53202   517 E. Wisconsin Ave                 414-276-4684

Minneapolis, MN 55401 392 Federal Bldg                     612-339-7861

Mobile, AL 36602      113 St. Joseph St                    205-438-3674

Newark, NJ 07102      Gateway 1, Market St                 201-622-5613

New Haven, CT 06510   150 Court St                         203-777-6311

New Orleans, LA 70112 1250 Poydras St., Suite 2200         504-522-4670

New York, NY 10278    26 Federal Plaza                     212-553-2700

Norfolk, VA 23510     200 Granby Mall                      804-623-3111

Oklahoma City, OK 73118 50 Penn Pl                         405-842-7471

Omaha, NE 68102       215 N. 17th St                       402-348-1210

Philadelphia, PA      600 Arch St                          215-629-0800

Phoenix, AZ 85012     201 E. Indianola                     602-279-5511

Pittsburgh, PA        1000 Liberty Ave                     412-471-2000

Portland, OR 97201    1500 SW 1st Ave                      503-224-4181

Quantico, VA 22135    FBI Academy                          703-640-6131

Richmond, VA 23220    200 W. Grace St                      804-644-2631

Sacramento, CA 95825  2800 Cottage Way                     916-481-9110

St. Louis, MO 63103   1520 Market St                       314-241-5357

Salt Lake City, UT 84138   125 S. State St                 801-355-8584

San Antonio, TX 78206 615 E. Houston                       512-225-6741

San Diego, CA 92188   880 Front St                         619-231-1122

San Francisco, CA 94102 450 Golden Gate Ave                415-552-2155

San Juan, PE 00918    Hato Rey, PR                         809-754-6000

Savannah, GA 31405    5401 Paulsen St                      912-354-9911

Seattle, WA 98174     915 2nd Ave                          206-622-0460

Springfield, IL 62702 535 W. Jefferson St                  217-522-9675

Tampa, FL 33602       500 Zack St                          813-228-7661

Washington, DC 20401  1900 Half St. SW                     202-324-3000



A sample article from Our Right To Know - From FOIA, Inc.

---------------   cut here   -------------------------------------

 O   U   R      R   I   G   H   T      T   O      K   N   O   W  

 A Publication of the Fund for Open Information & Accountability, Inc.

P.O. Box 02 2397, Brooklyn, NY 11202-0050 Tel: (212) 477-3188

Subscriptions: ORTK is published quarterly. Print: $12 per year

Electronic: $10 per year

Autumn 1988

Washington Update on Information Policy by Donna Demac



Sample from the current edition of OUR RIGHT TO KNOW

(Autumn 1988)

Copyright 1988, FOIA, Inc.

WASHINGTON UPDATE ON INFORMATION POLICY

By Donna Demac



"Facts  are  stupid things," blurted out President Reagan not too

long ago.   He  apparently  feels  the  same  way  about  rights,

including the  right  to know.  During this last year of Reagan's

reign, the executive branch as well as Congress have adopted  yet

more policies  that  weaken  public  access to information.  What

follows is a summary of recent developments in Washington  and  a

look  ahead  to  those  issues  that  are  germane  to government

accountability and information policy in the coming year.  



A trend to keep an eye on is the proposed adoption  of  increased

restrictions covering  unclassified  information.  In some cases,

though not all, such proposals explicitly exempt information from

disclosure under the Freedom of Information Act. An early example

of this was a 1983 amendment  to  the  Atomic  Energy  Act  which

allows   the  Department  of  Energy  to  restrict  "unclassified

controlled nuclear information."   This  broadly-worded  standard

encompasses,  among  other  things,  information about the health

effects on humans from past and present nuclear testing.  



In the Department of Defense authorization bill for 1987, DOD was

given a green light to withhold "sensitive, technical information

whether classified or  unclassified."    Important  here  is  the

extraordinary  amount of research funded by DOD and the seemingly

limitless  number  of  publications  that  could  potentially  be

restricted.   Even  before  this exemption was passed, there were

complaints about DOD's rulings on research that could  be  shared

at   scientific   conferences,  and  DOD's  classifying  research

projects midway-- projects that started out unclassified.  



Other agencies began  seeking  the  same  privilege  to  restrict

unclassified information.    In  1988  legislation was introduced

that would allow the Nuclear Regulatory  Commission  to  withhold

"certain  sensitive  generic  safeguards information" which could

"negate or compromise site specific security measures."   Another

bill  permitted  NASA  to  withhold from disclosure any technical

data that could not be  exported  without  a  license  under  the

Export Administration Act of 1979. 



This  link to export controls broadens considerably the volume of

information NASA could restrict if this bill were enacted.  Since

the late seventies, government concern over the appropriation  of

scientific  and  technical  information  by foreign countries has

resulted in the use of export regulations that previously applied

to hardware to limit the flow of information.  In one  well-known

instance,  the Atomic Energy Act was used in 1979 to prohibit the

publication of an article entitled "The H-Bomb: How  We  Got  It,

Why  We're  Telling It," in The Progressive magazine, even though

all  the  information  contained  in  that  article  was  readily

accessible.  



>From  the outset, the Reagan administration has aggressively used

export regulations to stop what it calls a  "massive  hemorrhage"

of  sensitive information to the Soviets. As a result, scientists

and researchers are required to submit their  writing  for  prior

review  by  their government sponsors, foreign students have been

barred from certain courses in U.S. universities and, in  several

instances,  attendance at scientific conferences has been limited

to U.S. citizens.  



Yet another  expansive  rationale  for  restricting  unclassified

information has  appeared  on  the  scene.   This one is aimed at

limiting  the  dissemination  of  technological  and   scientific

information  on the grounds that unfettered access could harm the

"economic competitiveness of the U.S." The underlying concern  is

that  laboratory  research in this country is not being turned to

commercial advantage fast enough to compete with  foreign  firms.

The    Superconductivity    Competitiveness    Act,    a    White

House-sponsored bill, incorporated this reasoning and received  a

considerable amount  of  attention this year.  Although defeated,

if it had been passed, this legislation would have exempted  from

release  under  the FOIA certain commercially valuable scientific

and technical information  if  it:  (1)  had  been  generated  in

government  laboratories;  (2)  had  commercial  value;  and  (3)

disclosure could "be reasonably expected to  cause  harm  to  the

economic competitiveness of the United States." 



At  a  hearing  last  spring  on the bill, industry witnesses and

research scientists opposed the legislation.  Robert Park of  the

American  Physical Society said the bill "reeks of chauvinism and

ignores the international character of  the  research."    Others

argued  that  contrary  to what the proponents' stated intentions

were--that secrecy would  result  in  the  strengthening  of  the

economic  competitiveness of the U.S.--it is the open exchange of

information that increases the  odds  of  remaining  competitive.

Nonetheless,  it's  clear  that strong competition from abroad is

generating  greater  support  in  Congress  for  controlling  the

international flow   of   technical   information.     After  the

superconductivity bill was defeated, similar language appeared in

another piece of legislation that  would  have  allowed  national

laboratories   to   withhold   technological   information   from

universities and  private  industry.    Known  as  the   National

Laboratories  Competitiveness  Act,  this bill too, was defeated.

Yet FOIA supporters should remain on the alert for future  agency

attempts  to  use  a  commercial  value  test  as a rationale for

exempting material under FOIA. 



Indeed, the close nexus between government and  industry  in  the

development  of  superconductors  and  other  advanced technology

suggests  that  we  will  see  the  institutionalization  of  the

commercial  value  test rationale with research contracts as well

as administrative regulation.  Scientists  and  industry  leaders

concerned  with  excessive  secrecy  say  that  support  for  the

development of new superconductors--a technology  that  has  both

military  and  civilian applications--is already dominated by the

military.  One of  the  principal  recommendations  of  a  report

issued in October to the DOD on the national economy was that the

Pentagon  should  take  a  more  active  role  in heading off "an

increasing loss of technological leadership to  both  our  allies

and adversaries."  



FOIA  supporters  face  two  other  important challenges in 1989.

First,  we  must  become  actively  involved  in   hearings   and

legislation to correct the way in which executive branch agencies

have interpreted the fee waiver provisions adopted in the Freedom

of  Information  Reform  Act of 1986. Both the Justice Department

and the Office on Management and Budget issued regulations  which

make  it  more difficult, and in many cases cost prohibitive, for

researchers, freelance  journalists  and  others  to  obtain  fee

waivers.  



Some  members  of Congress have voiced their dissatisfaction with

these actions.  Representative Glenn English, a  sponsor  of  the

1986  Act,  has  advised agencies which fall under FOIA to ignore

OMB's restrictive definitions of "news  media"  and  "educational

institutions,"   saying   the  agency  went  beyond  its  limited

authority to issue fee schedule guidelines.    Despite  English's

protestations,  the  CIA, DOD and other agencies are beginning to

follow OMB's guidelines.  A  number  of  fee  waivers  have  been

denied  to  individuals and organizations on the grounds that the

information being sought will not be "of current interest to  the

general  public," or that the public will not "ultimately benefit

from  the  information."*  The  question  of   whether   or   not

information  will  be  relevant  or  of interest to the public is

subjective, and difficult to regulate.  One  of  the  dangers  is

that these kinds of decisions could be politically motivated, and

that  agencies  could  begin  to  protect  themselves from public

scrutiny, using a fee waiver rationale.  



Representative Gerald Kleczka has  introduced  legislation  (H.R.

3885)  that  would  improve  the 1986 Act by, among other things,

broadening the categories of requesters entitled to  waivers  and

permitting  judges to penalize agencies which delay disclosure or

withhold information in violation of the law.  



The second task is to push for legislation that will  update  the

FOIA for  the  computer  age.   The Act itself must clearly state

that  it  applies  to  information  collected,  stored  in,   and

disseminated by  computer.    We must monitor those agencies that

deny us access to information on the grounds that  the  requested

information is computerized.  This occurred not long ago when the

Community Environmental Health Center at Hunter College submitted

a  FOIA  request to the Department of Labor for data about health

hazards at some 100 companies in Brooklyn. At  first  the  Center

was  told  that it should request computer tapes; then, that this

would cost $1,000 and no fee waiver would be  granted;  and  then

that the FOIA does not apply to computerized government data.  



Still,  there  have  been a few encouraging rulings at the agency

appellate level, including a dazzling DOE decision,  in  which  a

request  by  the  National Security Archive for a list of limited

access reports held by DOE's Office of Scientific  and  Technical

Information was  upheld.    DOE ruled that agencies are obligated

under the FOIA to do an on-line search for records, stating  that

this "is not, in substance, significantly different from a search

of  a  file  cabinet  for  paper records that are responsive to a

request," and "If the FOIA required anything less it would  allow

agencies  to  conceal information from public scrutiny by placing

it in computerized form."  



Despite this good news, me must remain vigilant.  Until the  FOIA

is  updated  to  include  computerized information, some agencies

will continue to maintain that such information does not  qualify

as  "records"  and therefore does not fall under the Act. We will

have opportunities to voice our opinions on this crucial issue in

the  coming  spring  when   the   House   Government   Operations

Committee's,the   Subcommittee  on  Information  and  the  Senate

Judiciary Committee's Subcommittee on Technology are expected  to

hold hearings.  



Accountability and open government continues to be jeopardized in

the  executive  branch  of  our  government,  through  the use of

Presidential Directives that make sweeping changes in  government

information policy.    Each  administration  since  1947 has used

Presidential  Directives  for  circulating  decisions   regarding

domestic, foreign  and  military policies.  According to a recent

Government Accounting Office report,  most  of  these  Directives

remain  classified and details about them are largely unavailable

for congressional and public scrutiny.  The Reagan administration

has used National Security Decision Directives to  influence  the

course  of  a  number  of  controversial  issues,  including  the

Strategic Defense Initiative, U.S. policy in Central America, and

government-wide information policy.  



NSDD 145 on federal telecommunications and automated  information

systems  extended  government  authority to monitor and "protect"

classified and unclassified material stored in or disseminated by

government and commercial communications  and  computer  systems.

NSDD  84,  issued  in  1983  imposes wholesale prior restraint by

requiring government employees to sign  nondisclosure  agreements

and submit  to  polygraph  examinations.    To  date, more than 2

million people have signed these agreements.  An Executive  Order

(E.O.  12600)  issued  in  June  1987 requires agencies to notify

businesses when confidential  information  about  them  has  been

requested  under  FOIA.  Though  agencies  in the past have often

notified businesses before the issuance of this E.O.,  the  Order

makes such third- party consultations official.  



According  to  Harry  Hammitt,  editor of Access Reports, many of

these directives have taken on a quasi-statutory status.  Yet, to

date, opposition to Presidential Orders has concentrated on their

content, while  ignoring  the  way  they  serve  to  protect  the

government   from  public  scrutiny  or,  as  with  the  business

notification order, to amend the FOIA. For example, although NSDD

145  was  challenged  by  industry  leaders,  librarians,  public

groups,  and members of Congress, the legitimacy of the Directive

itself was  never  challenged.    The  time  has   come   for   a

full-fledged critique  of this procedure.  We can no longer allow

the government to issue secret edicts which affect public  access

to government information.  



One final issue.  Declaring its intention not to compete with the

private  sector  and  to  slash  government paperwork, the Reagan

administration has sought to transfer  federal  data  collections

and   publishing  activities  into  the  hands  of  profit-making

enterprises.  A carryover from the Carter years, this  policy  of

"privatization"  has  been  gaining  ground since a 1985 circular

from the OMB required all executive branch  agencies  to  abstain

from  supplying  information  to  programs of interest to private

sector firms.  Information collections at  more  than  two  dozen

agencies,   including   the   Department  of  Housing  and  Urban

Development,  the  Environmental  Protection   Agency   and   the

Department  of  Energy  have  already  been  placed under private

management.  Also,  Congress  has  passed  laws  authorizing  the

creation  of  data-bases that would make information collected by

the government more readily available to companies interested  in

marketing "value-added" services.  



A  provision  in  this  new trade law, for example, calls for the

Commerce Department to  pull  together  information  on  exports,

imports  and  international  economic  competition into a central

depository called  the  National  Trade  Data  Bank.  The  stated

intention  is  to  make  it easier for U.S. companies to research

conditions in foreign markets.  



What is distressing  about  this  privatization  trend  (or  more

accurately    stated,   this   new   hybrid   government-industry

information creation) is that new information programs are  being

created  with  public monies that will have dramatic implications

for the cost and availability of information.  Yet little attempt

has been made to ensure that the wider public benefits.  The  new

ground rules for obtaining access could endanger the integrity of

precious  information collections, and since private entities are

not subject to regulation regarding public access,  privatization

has the potential to further promote government secrecy.  In 1984

the  Patent and Trademark Office signed an agreement with private

companies for the automation of agency records which required the

agency to deny FOIA requests for the records in automated form.  



The good news is that the public presently has  its  first  major

opportunity  to  get  involved  in  the  automation  of an agency

data-base.  Two years ago, Congress passed the Emergency Planning

and  Community  Right-to-Know  Act  of  1986,which  requires  the

Environmental Protection Agency to establish a computerized toxic

chemical  inventory  data-base  that should be accessible to "any

person," either electronically, through a personal computer or in

paper form.  By law, the EPA data-base should be activated in the

spring of 1989.  



This is the only federal statute of its kind and  represents  the

first  attempt  to view the automation of agency information as a

means to  widen  public  access   to   that   information.      A

precedent-setting  project,  the  EPA  data-base  will be used to

assess the public's interest, not  only  in  computerized  toxics

information, but  in  utilizing government data-bases.  Among the

issues that require broad-based public comment at this  time  are

how  to  ensure  that the data-base is accessible under the FOIA,

and how it should be designed and maintained so that  people  can

obtain  information  of  relevance  to their needs and particular

geographic concerns.  



[Donna A. Demac is a New York-based attorney and writer, and  the

author  of  "Liberty  Denied:  The  Current Rise of Censorship in

America" (1988), PEN American Center (568  Broadway,  NYC  10012,

212-334-1660)] -- 





 

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