990 lines
40 KiB
Plaintext
990 lines
40 KiB
Plaintext
==Phrack Magazine==
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Volume Four, Issue Forty-Two, File 12 of 14
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%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%
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| The Freedom of Information Act and You |
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| by |
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| Vince Niel |
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%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%@%
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As we all know of our United State government in the modern era, Big
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Brother is watching. It is naive to think that we do not live in a world
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similar to the one described is George Orwell's novel, 1984. The government
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keeps tabs on everything we do. The federal government has thousands of
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documents concerning individual citizens. For example:
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If you have worked for a federal agency or government contractor or have been
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a member of any branch of the armed services, the federal government has a
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file on you.
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If you have participated in any federally financed project, some agency
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probably has a record of it.
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If you have been arrested by local, state or federal authorities and your
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fingerprints were taken, the FBI maintains a record of you and that arrest.
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If you have applied for or received a student loan or grant certified by the
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government, the Department of Health, Education, and Welfare has recorded the
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information.
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If you have applied for or been investigated for a security clearance for any
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reason, the Department of Defense has a record of you.
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And these records are not just records of application. Take for example
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the FBI. Once you commit a crime, they are watching you. They update your
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file every time there is a major occurrence in your life i.e. marriage,
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hospitalization, joining the military, committing another crime, etc. If they
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find the least likelihood of suspicion, they investigate you in depth to add
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even more to your file. People do not even realize how large their FBI file
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is.
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If you were ever on a pirate board that got busted, and you had your info
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on there, all the users' info on the bulletin board is transferred to the
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federal government. There a file is opened up for each individual user. And
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if you ever get in trouble with the law, that file will be opened up and used
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against you if necessary. Before I continue, I would like to site an example
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of a man who ordered his file from the army. This file was created when he
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applied for a security clearance with the military years before. In it said:
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... He owed 50 cents to his high school for not returning his locker key.
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... He dated 2 or 3 times a week, and was not intimate with his dates.
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... He was irresponsible because he owed a $5 jaywalking ticket in Seattle.
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So what can you do about this big bureaucratic machine we call our
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government? Simple, fight back! The Freedom of Information Act (FOIA as it
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will be referred to) was passed and allows you to obtain your personal records
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from any governmental agency. A typeup of most of the agencies plus the
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actual act can be found at the end of this file.
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There are restrictions to the act, but it can be quite useful to any
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individual who has had run-ins with the law or who just wants to know what the
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federal government has on him. You can even go to court against the
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government if a document is denied to you and you think you deserve to see it.
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The act is not widely know, and for good reason. The government doesn't want
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you to know what they are doing. But alas, the information will be set free,
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the people have a right to know!
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And don't think that the only interesting documents are the ones from the
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FBI and CIA. Fascinating documents can be gotten from the IRS, Department of
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Health, Department of Schools, Federal Traffic Administration, HUD, National
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Credit Union, with information you will never believe people who actually
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store about you.
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The Specifics of Asking For Your Personal File From a Particular Agency
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First of all, I would like to bring up a major misconception people make.
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Most people assume that if you ask for your file from the FBI, and there isn't
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a file on you, one will be created for you. That is an untrue and extremely
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paranoid statement. The government has better things to do then open up files
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on curious citizens. And even if by some remote chance they do open up a file
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for you, who cares? They have a files on millions of people, its not like it
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will hinder you in life. Just be careful out there, that is all I can say.
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The most important thing that can be done when asking for information from
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a governmental agency under the FOIA is to make it as brief, concise, and
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specific as possible. In this way, you will get your information, or refusal
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as soon as possible, and you will also curb copying fees (which will be
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discussed later). First you have to find the agency that concerns you. If
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you are not sure which agency to apply to, send your letter to more than one.
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There will be a list of agencies at the end of this file, but a complete list
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of agencies can be found in the United States Government Manual. This can be
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found at any library.
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The request should be addressed to the agency's FOIA officer or to the
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head of the specific agency. Most agencies have a secretary to deal with all
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the FOIA applications. The smaller agencies, which you probably will not be
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concerned with, might not have an officer. On the bottom left hand corner of
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the envelope "Freedom of Information Act Request" should be printed legibly.
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This guarantees that your letter won't get caught in the paperwork shuffle.
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All agencies has FOIA regulation that you should look at. They do not
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want to send out 'sensitive' documents and whatnot. These regulations also
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describe the request process in detail. Here you can also find out what
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specific document you are looking for, reducing fees from the agency. These
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regulations can be found in "The Code of Federal Regulations", which can also
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be found at your local library.
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Most agencies require that you get your letter 'notarized' or they won't
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even look at it. This prevents you from impersonating someone else and
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getting their file. To get your letter notarized, all you have to do is go to
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your local bank. Show some proof that the person signing the letter is you
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(with an id or something) and they will notarize it. Now the government has
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no excuse for not taking your letter.
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There are four parts to an FOIA request letter:
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1) Request being made under the FOIA.
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2) Records that are sought, as specifically as possible.
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3) Name and address of the person requesting the information. Telephone
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number is not necessary, but you will find out about the outcome of
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your request much quicker.
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4) How much money you are willing to spend for the document (explained
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later).
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Here is a sample letter, just fill in your information:
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Agency Head [or Freedom of Information Act Officer]
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Name of Agency
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Address of Agency
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City, State, Zip Code
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Re: Freedom of Information Act Request
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I request a copy of the following documents [or documents containing the
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following information if you do not know the specific name of the document] be
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provided for me: [identify the documents as accurately as possible]
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In order to help determine my status to assess fees, you should know that
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I am an individual seeking information for personal use and not for commercial
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use. [always, always say you are an individual. That way, you will not have
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to pay extra fees because you are part of the media or a commercial endeavor.]
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[Optional] I am willing to pay fees for this request up to a maximum of
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$__. If you estimate the fees will exceed this limit, please inform me first.
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[Optional] I request a waiver of all fees for this request. Disclosure of
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the requested information to me is in the public interest because it is likely
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to contribute significantly to public understanding of the operations or
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activities of the government and is not primarily in my commercial interest
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[include specific information].
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Thank you for your consideration of this request.
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Sincerely,
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Name
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Address
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City, State, Zip Code
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Telephone Number [Optional]
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Some of the things in the letter may not be understood at first, but I will
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get to them.
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Money:
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As you might have guessed, getting information under the FOIA is not free,
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but it can be cheapened if you play your cards right. As specified in the
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letter, always say that you are an individual seeking information not for
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commercial purposes. Review is the process of going through documents and
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checking if they can be sent to you or not. Under the law, if you are a
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private individual and are not requesting information for commercial purposes,
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you cannot be charged with review fees!
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All agencies have set fees for copying a document. Fees can also be taken
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for searching for a document. If you are an individual, you will be charged
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the least amount of money. Of course, if you have no idea in hell what the
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name of the document is, and you are stabbing in the dark it is a good idea to
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write in a set amount you are willing to spend. When the amount is reached,
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you will be notified. This is in the letter above.
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You don't want to be jacked for a bill of 150 bucks if you send them a
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letter 'just send me everything you got on me'. Even if you have no idea what
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they have, you can say 'please send me all the dossiers, legal documents, and
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records you have under my name'. Remember, the government likes bureaucratic
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bullshit. If you do not phrase you letter right, they will nail you on it. A
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lot of agencies will waive the cost of processing if it is under $3, and even
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if you receive a bill, it should not exceed 5-10 dollars.
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If you can somehow prove that by accessing this information, it will help
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the general public understand how the government works, you can waive the fee
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altogether. If through some form of shrewd doublespeak you can think of
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something clever to satisfy this obligation, you can then request huge amounts
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of documents, without paying a cent for them.
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Restrictions:
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Of course, there are restrictions to the Freedom of Information Act. Some
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documentation may be said to be sensitive and out of reach of the public eye.
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Any refusal to grant information through the FOIA may be taken to court, and
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won. In the act, it states that cases brought up because of the FOIA should
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be put first on the court docket and tried as soon as possible. Its always
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worth a try.
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When a record contains some information that is withheld, it does not
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necessarily mean that the whole record is exempt. The federal agency is
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obliged to cut out the portion that is sensitive, and send you the portion it
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can disclose. The agency must also give you a reason why it cut out this
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portion of the document.
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Here are a few of the reasons for exemption:
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1) Classified Documents - Classified Documents may be withheld. The documents
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may be classified in the interest of national defense and foreign policy.
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Classified documents may still be requested. The agency will review the
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document to determine whether it still needs protection. If a requested
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document is already declassified, it can be easily requested.
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2) Internal Personal Rules and Practices - This exemption covers matters
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related to an agency's internal rules and practices. Requests for Internal
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schedules, administrative manuals and the like can be refused.
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3) Confidential Business Information - Trade secrets or commercially valuable
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plans do not have to be released. Commercial or financial information does
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not also have to be released, as it might hurt an individual.
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4) Personal Privacy - This covers personnel, medical, and similar files of
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which disclosed would interfere with personal privacy. This exemption has
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importance because it prevents a commercial business from getting
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information about you. At the same time, it allows you to get private
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information stored about yourself. This is why it is important to get your
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letter notarized.
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5) Law Enforcement - This allows law enforcement agencies to withhold law
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enforcement records in order to protect themselves and others. If there is
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a trial going on, you can't request your file. Its smart to get your file
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from the feds now, while you still can. Don't wait until you get in some
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serious shit, and then you don't even know what they have on you! If you
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know what they have on you, you know how to fight back.
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If you request does get refused, there is still hope. If you think that
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under the FOIA's legal terms you deserve to have the document, you can send a
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letter of appeal. This letter can also be used to argue that their processing
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charge was unfair. The appeal letter is shown below:
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Agency Head or Appeal Officer
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Name of Agency
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Address of Agency
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City, State, Zip Code
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Re: Freedom of Information Act Appeal
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Dear:
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This is an appeal under the Freedom of Information Act.
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On (date), I requested documents under the Freedom of Information Act. My
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request was assigned the following identification number: ______. On (date),
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I received a response to my request in a letter signed by (name of official).
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I appeal the denial of my request.
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[Optional] The documents that were withheld must be disclosed under the
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FOIA because...
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[Optional] I appeal the decision to deny my request for a waiver of fees.
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I believe that I am entitles to a waiver of fees. Disclosure of the documents
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I requested is in the public interest because the information is likely to
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contribute significantly to public understanding of the operations or
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activities of government and is not primarily in my commercial interest.
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(Provide Details)
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[Optional] I appeal the decision to require me to pay review costs for
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this request. I am not seeking this document for commercial use. (Provide
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Details)
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Thank you for your consideration of this appeal.
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Sincerely,
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Name
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Address
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City, State, Zip Code
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Telephone Number [Optional]
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Here is a listing of a few government agencies that hold records on individual
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citizens:
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Agriculture
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Department of Agriculture
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Washington, D.C. 20250
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Air Force
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Department of the Air Force
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The Pentagon
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Washington, D.C. 20330
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Alcohol, Drug Abuse, and Mental Health
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Alcohol, Drug Abuse, and Mental Health Administration
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5600 Fisher Lane
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Rockville, Maryland 20857
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Alcohol, Tobacco and Firearms
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Bureau of Alcohol, Tobacco, and Firearms
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1200 Pennsylvania Avenue, N.W.
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Washington, D.C. 20226
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American Battle Monuments
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American Battle Monuments Commission:
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40014 Forrestal Bldg.
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Washington, D.C. 20314
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Appalachian Regional
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Appalachian Regional Commission:
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1666 Connecticut Avenue, N.W.
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Washington, D.C. 20235
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Arms Control and Disarmament
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U.S. Army Control and Disarmament Agency
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320 21st Street
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Washington, D.C. 20451
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Army
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Department of the Army
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The Pentagon
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Washington, D.C. 20314
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Census
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Bureau of the Census
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Federal Building 3
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Washington, D.C. 20233
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CIA
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Central Intelligence Agency
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Washington, D.C. 20505
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Civil Aeronautics
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Civil Aeronautics Board
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1825 Connecticut Avenue, N.W.
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Washington, D.C. 20428
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Civil Rights
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Civil Rights Commission
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1121 Vermont Avenue, N.W.
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Washington, D.C. 20425
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Civil Service
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Civil Service Commission
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1900 E Street, N.W.
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Washington, D.C. 20415
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Coastal Plains
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Coastal Plains Regional Commission
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1725 K Street, N.W.
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Washington, D.C. 20006
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Commerce
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Department of Commerce
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Washington, D.C. 20230
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Community Services
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Community Services Administration
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1200 19th Street, N.W.
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Washington, D.C. 20506
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Consumer Product Safety
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Consumer Product Safety Commission
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1111 18th Street, N.W.
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Washington, D.C. 20207
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Copyright Office
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Copyright Office
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Library of Congress
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Washington, D.C. 20559
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Customs Service
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U.S. Customs Service
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1301 Constitution Avenue, N.W.
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Washington, D.C. 20229
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Defense
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Department of Defense
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The Pentagon
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Washington, D.C. 20301
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Defense Contracts Audits
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Defense Contracts Audits Agency
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Cameron Station
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Alexandria, Virginia 22314
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Defense Intelligence
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Defense Intelligence Agency
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RDS-3A
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Washington, D.C. 20301
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Defense Investigation
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Defense Investigative Services
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D0020
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Washington, D.C. 20304
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Defense Logistical
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Defense Logistical Agency
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Cameron Station
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Alexandria, Virginia, 22314
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Defense Mapping
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Defense Mapping Agency
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Naval Observatory
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Washington, D.C. 20305
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Disease Control
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Center for Disease Control
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Atlanta, Georgia 30333
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Economic Development
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Economic Development Administration
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Department of Commerce
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14th & Constitution Avenue, N.W.
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Washington, D.C. 20230
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Education
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Office of Education
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400 Maryland Avenue, S.W.
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Washington, D.C. 20202
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Energy
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Department of Energy
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U.S. Department of Energy
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Washington, D.C. 20461
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EPA
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Environmental Protection Agency
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401 M Street, S.W.
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Washington, D.C. 20460
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Environmental Quality
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Council on Environmental Quality
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722 Jackson Place, N.W.
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Washington, D.C. 20006
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Equal Employment Opportunity
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Equal Employment Opportunity Commission
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2401 E Street, N.W.
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Washington, D.C. 20506
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Export-Import Bank
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Export-Import Bank of the U.S.
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811 Vermont Avenue, N.W.
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Washington, D.C. 20571
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FAA
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Federal Aviations Administration
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800 Independence Avenue, S.W.
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Washington, D.C. 20591
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FBI
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Federal Bureau of Investigation
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9th and Pennsylvania Avenue, N.W.
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Washington, D.C. 20535
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FCC
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Federal Communications Commission
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1919 M Street, N.W.
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Washington, D.C. 20554
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Federal Elections
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Federal Election Commission
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550 17th Street, N.W.
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Washington, D.C. 20463
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Federal Highways
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Federal Highway Administration
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400 7th Street, S.W.
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Washington, D.C. 20590
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Federal Power
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Federal Power Commission
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825 North Capitol Street
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Washington, D.C. 20426
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Federal Trade
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Federal Trade Commission
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6th and Pennsylvania Avenue, N.W.
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Washington, D.C. 20580
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Food and Drug
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Food and Drug Administration
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5600 Fisher Lane
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Rockville, Maryland 20857
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Foreign Claims Settlement
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Foreign Claims Settlement Commission
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1111 20th Street, N.W.
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Washington, D.C. 20579
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General Accounting
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General Accounting Office
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441 G. Street, N.W.
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Washington, D.C. 20548
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General Services
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General Services Administration
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18th and F Streets, N.W.
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Washington, D.C. 20405
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Health, Education, and Welfare
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U.S. Department of Health, Education, and Welfare
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200 Independence Avenue, S.W.
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Washington, D.C. 20201
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Health Resources
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Health Resources Administration
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3700 East West Highway
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Hyattsville Maryland 20782
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Health Services
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Health Services Administration
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5600 Fisher Lane
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Rockville, Maryland 20857
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HUD
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Department of Housing and Urban Development
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Washington, D.C. 20410
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Immigration and Naturalization
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Immigration and Naturalization Service
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425 I Street, N.W.
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Washington, D.C. 20536
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Information Agency
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U.S. Information Agency
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1750 Pennsylvania Avenue, N.W.
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Washington, D.C. 20547
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Interior
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Department of the Interior
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18th and C Street, N.W.
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Washington, D.C. 20240
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IRS
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Internal Revenue Service
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1111 Constitution Avenue, N.W.
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Washington, D.C. 20224
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International Development
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Agency for International Development
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21st and Virginia Avenue, N.W.
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Washington, D.C. 20532
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International Trade
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International Trade Commission
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701 E Street, N.W.
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Washington, D.C. 20436
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ICC
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Interstate Commerce Commission
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12th and Constitutional Avenue, N.W.
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Washington, D.C. 20423
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Justice
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Department of Justice
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Washington, D.C. 20530
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Labor
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Department of Labor
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Washington, D.C. 20210
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Law Enforcement Assistance
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Law Enforcement Assistance Administration
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633 Indiana Avenue, N.W.
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Washington, D.C. 20230
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National Aeronautics and Space
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National Aeronautics and Space Administration
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400 Maryland Avenue, S.W.
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Washington, D.C. 20546
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National Archives and Records
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National Archives and Records Service
|
|
Washington, D.C. 20408
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National Credit Union
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National Credit Union Administration
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2025 M Street, N.W.
|
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Washington, D.C. 20506
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|
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National Endowment for the Arts
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National Endowment for the Arts
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806 15th Street, N.W.
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Washington, D.C. 20506
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National Endowment for Humanities
|
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National Endowment for Humanities
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806 15th Street, N.W.
|
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Washington, D.C. 20506
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|
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National Highway Traffic Safety
|
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National Highway Traffic Safety Administration
|
|
400 7th Street, S.W.
|
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Washington, D.C. 20590
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|
|
|
National Institute of Education
|
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National Institute of Education
|
|
1200-19th Street, N.W.
|
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Washington, D.C. 20208
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|
|
|
National Institute of Health
|
|
National Institute of Health
|
|
9000 Rockville Pike
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Rockville, Maryland 20014
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|
|
|
National Labor Relations
|
|
National Labor Relations Board
|
|
1717 Pennsylvania Avenue, N.W.
|
|
Washington, D.C. 20570
|
|
|
|
National Science Foundation
|
|
National Science Foundation
|
|
1800 G Street, N.W.
|
|
Washington, D.C. 20550
|
|
|
|
National Security Agency
|
|
National Security Agency
|
|
Fort George Meade, Maryland 20755
|
|
|
|
National Security Council
|
|
National Security Council
|
|
Old Executive Office Building
|
|
Washington, D.C. 20506
|
|
|
|
National Transportation Safety
|
|
National Transportation Safety Board
|
|
800 Independence Avenue, S.W.
|
|
Washington, D.C. 20594
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|
|
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Navy
|
|
Department of the Navy
|
|
The Pentagon
|
|
Washington, D.C. 20350
|
|
|
|
Nuclear Regulation
|
|
Nuclear Regulatory Commission
|
|
Washington, D.C. 20555
|
|
|
|
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|
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Overseas Private Investment
|
|
Overseas Private Investment Corporation
|
|
1129 20th Street, N.W.
|
|
Washington, D.C. 20527
|
|
|
|
Postal Service
|
|
U.S. Postal Service
|
|
475 L'Enfant Plaza, S.W.
|
|
Washington, D.C. 20260
|
|
|
|
Prisons
|
|
Bureau of Prisons
|
|
320 First Street, N.W.
|
|
Washington, D.C. 20534
|
|
|
|
Public Health
|
|
Public Health Service
|
|
200 Independence Avenue, S.W.
|
|
Washington, D.C. 20201
|
|
|
|
Secret Service
|
|
U.S. Secret Service
|
|
1800 G Street, N.W.
|
|
Washington, D.C. 20223
|
|
|
|
Securities and Exchange
|
|
Securities and Exchange Commission
|
|
500 North Capitol Street
|
|
Washington, D.C. 20435
|
|
|
|
Selective Service
|
|
Selective Service System
|
|
600 E Street, N.W.
|
|
Washington, D.C. 20435
|
|
|
|
Small Business
|
|
Small Business Administration
|
|
1441 L Street, N.W.
|
|
Washington, D.C. 20416
|
|
|
|
Social Security
|
|
Social Security Administration
|
|
6401 Security Blvd.
|
|
Baltimore, Maryland 21235
|
|
|
|
State
|
|
Department of State
|
|
Washington, D.C. 20520
|
|
|
|
Transportation
|
|
Department of Transportation
|
|
400 7th Street, S.W.
|
|
Washington, D.C. 20590
|
|
|
|
Treasury
|
|
Department of the Treasury
|
|
1500 Pennsylvania Avenue, N.W.
|
|
Washington, D.C. 20220
|
|
|
|
Urban Mass Transit
|
|
Urban Mass Transit Administration
|
|
400 7th Avenue, S.W.
|
|
Washington, D.C. 20590
|
|
|
|
Veterans
|
|
Administration
|
|
Vermont Avenue, N.W.
|
|
Washington, D.C. 20420
|
|
|
|
Here is a copy of the Freedom of Information Act and all of its
|
|
amendments. It may prove to have some usefulness. You might want to read
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|
through it to understand the law better. I would not recommend reading it if
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you are in a suicidal state.
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|
------------------------------------------------------------------------------
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FULL TEXT OF FREEDOM OF INFORMATION ACT,
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AS AMENDED IN 1974 BY PUBLIC LAW 93-502
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% 552 Public Information; agency rules, opinions, orders, records, and
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|
proceedings
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|
(a) Each agency shall make available to the public information as follows:
|
|
(1) Each agency shall separately state and currently publish in the Federal
|
|
Register for the guidance of the public-
|
|
(A) descriptions of its central and field organization and the
|
|
established places at which, the employees (and in the case of a
|
|
uniformed service, the members) from whom, and the method whereby, the
|
|
public may obtain information, make submittals or requests, or obtain
|
|
decisions;
|
|
(B) statements of the general course and method by which its functions
|
|
are channeled and determined, including the nature and requirements of
|
|
all formal and informal procedures available;
|
|
(C) rules of procedures, descriptions of forms available or the places
|
|
at which forms may be obtained, and instructions as to the scope and
|
|
contents of all papers, reports, or examinations;
|
|
(D) substantive rules of general applicability adopted as authorized by
|
|
law, and statements of general policy or interpretations of general
|
|
applicability formulated and adopted by the agency; and
|
|
(E) each amendment, revision, or repeal of the foregoing.
|
|
|
|
Except to the extent that a person has actual and timely notice of the terms
|
|
thereof, a person may not in any manner be required to resort to, or be
|
|
adversely affected by, a matter required to be published in the Federal
|
|
Register and not so published. For the purpose of this paragraph matter
|
|
reasonably available to the class of persons affected thereby is deemed
|
|
published in the Federal Register when incorporated by reference therein with
|
|
the approval of the Director of the Federal Register.
|
|
(2) Each agency, in accordance with published rules, shall make available
|
|
for public inspection and copying-
|
|
(A) final opinions, including concurring and dissenting opinions, as
|
|
well as orders, made in the adjudication of cases;
|
|
(B) those statements of policy and interpretations which have been
|
|
adopted by the agency and are not published in the Federal Register; and
|
|
(C) administrative staff manuals and instructions to staff that affect
|
|
a member of the public;
|
|
|
|
unless the materials are promptly published and copies offered for sale. To
|
|
the extent required to prevent a clearly unwarranted invasion of personal
|
|
privacy, an agency may delete identifying details when it makes available or
|
|
publishes an opinion, statement of policy, interpretation, or staff manual or
|
|
instruction. However, inn each case the justification for the deletion shall
|
|
be explained clearly in writing. Each agency shall also maintain and make
|
|
available for public inspection and copying current indexes providing
|
|
identifying information for the public as to any matter issued, adopted, or
|
|
promulgated after July 4, 1967, and required by this paragraph to be made
|
|
available or published. Each agency shall promptly, quarterly or more
|
|
frequently, and distribute (by sale or otherwise) copies of each index or
|
|
supplement thereto unless it determines by order published in the Federal
|
|
Register that the publication would be unnecessary and impracticable, in which
|
|
case the agency shall nonetheless provide copies of such index on request at a
|
|
cost not to exceed the direct cost of duplication. A final order, opinion,
|
|
statement of policy, interpretation, or staff manual or instruction that
|
|
affects a member of the public may be relied on, used, or cited as precedent
|
|
by an agency against a party other than an agency only if-
|
|
(i) it has been indexed and either made available or published as
|
|
provided by this paragraph; or
|
|
(ii) the party has actual and timely notice of the terms thereof.
|
|
(3) Except with respect to the records made available under paragraphs (1)
|
|
and (2) of this subsection, each agency, upon any request for records which
|
|
(A) reasonably describes such records and (B) is made in accordance with
|
|
published rules stating the time, place, fees (if any), and procedures to be
|
|
followed, shall make the records promptly available to any person.
|
|
(4)(A) In order to carry out the provisions of this section, each agency
|
|
shall promulgate regulations, pursuant to notice and receipt of public
|
|
comment, specifying a uniform schedule of fees applicable to all constituent
|
|
units of such agency. Such fees shall be limited to reasonable standard
|
|
charges for documents search and duplication and provide for recovery of only
|
|
the direct costs of such search and duplication. Documents shall be furnished
|
|
without charge or at a reduced charge where the agency determines that waiver
|
|
or reduction of the fee is in the public interest because furnishing the
|
|
information can be considered as primarily benefiting the general public.
|
|
(B) On complaint, the district court of the United States in the district
|
|
in which the complainant resides, or has his principal place of business,
|
|
or in which the agency records are situated, or in the District of
|
|
Columbia, has jurisdiction to enjoin the agency from withholding agency
|
|
records and to order the production of any agency records improperly
|
|
withheld from the complainant. In such a case the court shall determine
|
|
the matter de novo, and may examine the contents of such agency records in
|
|
camera to determine whether such records or any part thereof shall be
|
|
withheld under any of the exemptions set forth in subsection (b) of this
|
|
section, and the burden is on the agency to sustain its action.
|
|
(C) Notwithstanding any other provision of law, the defendant shall serve
|
|
an answer or otherwise plead to any complaint made under the
|
|
subsection within thirty days after service upon the defendant of the
|
|
pleading i which such complaint is made, unless the court otherwise
|
|
directs for good cause shown.
|
|
(D) Except as to cases the court considers of greater importance,
|
|
proceedings before the district court, as authorized by this
|
|
subsection, and appeals therefrom, take precedence on the docket over
|
|
all cases and shall be assigned for hearing and trial or for argument
|
|
at the earliest practicable date and expedited in every way.
|
|
(E) The court may assess against the United States reasonable attorney
|
|
fees and other litigation costs reasonably incurred in any case under
|
|
this section in which the complainant has substantially prevailed.
|
|
(F) Whenever the court orders the production of any agency records
|
|
improperly withheld from the complainant and assesses against the
|
|
United States reasonable attorney fees and other litigation costs,
|
|
and the court additionally issues a written finding that the
|
|
circumstances surrounding the withholding raise we questions whether
|
|
agency personnel acted arbitrarily or capriciously with respect to
|
|
the withholding, the Civil Service Commission shall promptly initiate
|
|
a proceeding to determine whether disciplinary action is warranted
|
|
against the officer or employee who was primarily responsible for the
|
|
withholding. The Commission, after investigation and consideration of
|
|
the evidence submitted, shall submit its findings and recommendations
|
|
to the administrative authority of the agency concerned and shall
|
|
send copies of the findings and recommendations to the officer or
|
|
employee or his representative. The administrative authority shall
|
|
take the corrective action that the Commission recommends.
|
|
(G) In the event of noncompliance with the order of the court, the
|
|
district court may punish for contempt the responsible employee, and
|
|
in the case of a uniformed service, the responsible member.
|
|
(5) Each agency having more than one members shall maintain and make
|
|
available for public inspection a record of the final votes of each member in
|
|
every agency proceeding.
|
|
(6)(A) Each agency, upon any request for records made under paragraph
|
|
(1),(2), or (3) of the subsection, shall-
|
|
(i) determine within ten days (except Saturdays, Sundays, and legal
|
|
public holidays) after the receipt of any such request whether to comply
|
|
with such request and shall immediately notify the person making such
|
|
request of such determination and the reasons therefor, and of the right
|
|
of such person to appeal to the head of the agency and adverse
|
|
determination; and
|
|
(ii) make a determination with respect to any appeal within twenty days
|
|
(excepting Saturdays, Sundays, and legal public holidays) after the
|
|
receipt of such appeal. If on appeal the denial of the request for
|
|
records is in whole or in part upheld, the agency shall notify the person
|
|
making such request of the provisions for judicial review of that
|
|
determination under paragraph (4) of this subsection.
|
|
(B) In unusual circumstances as specified in this subparagraph, the time
|
|
limits prescribed in either clause (i) or clause (ii) of subparagraph (A)
|
|
may be extended by written notice to the person making such request setting
|
|
forth the reasons for such extension and the date on which a determination
|
|
is expected to be dispatched. NO such notice shall specify a date that
|
|
would result in an extension for more than ten working days. As used in
|
|
this subparagraph, "unusual circumstances" means, but only to the extent
|
|
reasonably necessary to the proper processing of the particular request-
|
|
(i) the need to search for and collect the requested records from field
|
|
facilities or other establishments that are separate from the office
|
|
processing the request;
|
|
(ii) the need to search for, collect, and appropriately examine a
|
|
voluminous amount of separate and distinct records which are demanded in
|
|
a single request; or
|
|
(iii) the need for consultation, which shall be conducted with all
|
|
practicable speed, with another agency having a substantial interest in
|
|
the determination of the request or among two or more components of the
|
|
agency having substantial subject-matter interest therein.
|
|
(C) Any person making a request to any agency for records under paragraph
|
|
(1), (2), or (3) of this subsection shall be deemed to have exhausted his
|
|
administrative remedies with respect to such request if the agency fails
|
|
comply with the applicable time limit provisions of this paragraph. If the
|
|
Government can show exceptional circumstances exist and that the agency is
|
|
exercising due diligence in responding to the request, the court may retain
|
|
jurisdiction and allow the agency addition time to complete its review of
|
|
the record. Upon any determination by an agency to comply with a request
|
|
for records, the records shall be made promptly available to such person
|
|
making such request. Any notification of denial of any request for records
|
|
under this subsection shall set forth the names and titles or positions of
|
|
each person responsible for the denial of such request.
|
|
(b) This section does not apply to matters that are-
|
|
(1) (A) specifically authorized under criteria established by an Executive
|
|
Order to be kept secret in the interest of national defense or foreign policy
|
|
and (B) are in fact properly classified pursuant to each Executive Order;
|
|
(2) related solely to the internal personnel rules and practices of the
|
|
agency;
|
|
(3) specifically exempted from disclosure by statute;
|
|
(4) trade secrets and commercial or financial information obtained from a
|
|
person and privileged or confidential;
|
|
(5) inter-agency or intra-agency memorandums or letters which would not be
|
|
available by law to a party other than an agency in litigation with the
|
|
agency;
|
|
(6) personnel and medical files and similar files the disclosure of which
|
|
would constitute a clearly unwarranted invasion of personal privacy;
|
|
(7) investigatory records compiled for law enforcement purposes, but only to
|
|
the extent that the production of such records would (A) interfere with
|
|
enforcement proceeding, (B) deprive a person of a right to a fair trial or an
|
|
impartial adjudication, (C) constitute an unwarranted invasion of personal
|
|
privacy, (D) disclose the identity of a confidential source and, in the case
|
|
of a record compiled by a criminal law enforcement authority in the course of
|
|
a criminal investigation, or by an agency conducting a lawful national
|
|
security intelligence investigation, confidential information only furnished
|
|
by the confidential source, (E) disclose investigative techniques and
|
|
procedures, or (F) endanger the life or physical safety of law enforcement
|
|
personnel;
|
|
(8) contained in or related to examination, operating or condition reports
|
|
prepared by, one behalf of, or for the use of an agency responsible for the
|
|
regulation or supervision of financial institutions; or
|
|
(9) geological and geophysical information and data, including maps,
|
|
concerning wells.
|
|
|
|
Any responsible segregable portion of a record shall be provided to any person
|
|
requesting such record after deletion of the portions which are exempt under
|
|
the subsection.
|
|
(c) This section does not authorize withholding of information or limit the
|
|
availability of records to the public, except as specifically stated in this
|
|
section. This section is not authority to withhold information from Congress.
|
|
(d) On or before March 1 of each calendar year each agency shall submit a
|
|
report covering the preceding calendar year to the Speaker of the House of
|
|
Representatives and President of the Senate for referral to the appropriate
|
|
committees of Congress. The report shall include-
|
|
(1) the number of determinations made by such agency not to comply with
|
|
requests for records made to such agency under subsection (a) and the reasons
|
|
for each determination;
|
|
(2) the number of appeals made by persons under subsection (a)(6), the
|
|
result of such appeals, and the reason for the action upon each appeal that
|
|
results in a denial of information;
|
|
(3) the names and titles or positions of each person responsible for the
|
|
denial of records requested under this section, and the number of instances
|
|
for participation of each;
|
|
(4) the results of each proceeding conducted pursuant to subsection
|
|
(a)(4)(F), including a report of the disciplinary action taken against the
|
|
officer or employee who was primarily responsible for improperly withholding
|
|
records or an explanation of why disciplinary action was not taken;
|
|
(5) a copy of every rule made by such agency regarding this section;
|
|
(6) a copy of the fee schedule and the total amount of fees collected by the
|
|
agency for making records available under this section; and
|
|
(7) such other information as indicates efforts to administer fully this
|
|
section.
|
|
|
|
The Attorney General shall submit an annual report on or before March 1 of
|
|
each calendar year which shall include for the prior year a listing of the
|
|
number of cases arising under this section, the exemption involved in each
|
|
case, the disposition of such case, and the cost, fees, and penalties assessed
|
|
under subsections (a)(4)(E),(F), and (G). Such report shall also include a
|
|
description of the efforts undertaken by the Department of Justice to
|
|
encourage agency compliance with this section.
|
|
(e) for purposes of this section, the term "agency" is defined in section
|
|
551(1) of this title includes any executive department, military department,
|
|
Government corporation, Government controlled corporation, or other
|
|
establishment in the executive branch of the Government (including the
|
|
Executive Office of the President), or any independent agency.
|
|
------------------------------------------------------------------------------
|
|
|
|
In Conclusion:
|
|
|
|
The Freedom of Information Act is a powerful tool that can be used to
|
|
benefit yourself and to find out what the feds keep in their log books on you.
|
|
Use it, just don't abuse it. It gives the individual much power over the
|
|
government. We no longer have to prove a reason to know the information, but
|
|
we have a right to know the information. Its the government's job to keep the
|
|
information away from us. I would also like to mention that regulations and
|
|
all documents that agencies carry can be found in any major library. This
|
|
will save you cash and frustration. Anyways, keep the faith, its not that bad
|
|
out there. And watch comedy central, its good for you.
|
|
|
|
Greets to: All the good users on atdt, the works, tlitd. Stargazer, daemon,
|
|
joker, shadow, the hopeless warez fanatics. Deranged derelict, jt, and all
|
|
the other virtual friends I forgot.
|
|
|
|
--------------------------------------------------------------------------------
|
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|