Compiled by Idaho Newspaper Foundation Inc. 1996

NOTE: A sample form letter for use when requesting documents under the FDOIA
is included at the end of this Manual.

What is the Freedom of Information Act?
The FOl Act is a federal law giving "any person" access to any information
generated by the executive branch of government - but with some important
excemptions (see list below).  The FOl Act applies just to the executive
branch of the federal government. It does not apply to Congress, or to
federal courts. Nor does it apply to state or local governments.
The law also lists nine areas where information does not have to be released.
These exceptions are of varying degrees of importance to the working
journalist. They cover such areas as national security, business trade
secrets given by companies to government regulatory agencies, and ongoing
criminal investigations.
Despite these limitations, a great deal of information exists which federal
agencies will release if asked to do so.
An important point to remember is that since passage of the Freedom of
Information Act, the burden of proof has shifted on whether a document can be
released. That shift has been in the press' favor. It is now up to the
government to show why information should be kept secret - not on the
individual requesting information to show why the information should be
released.

These  Documents Are Exempt From FOIA
National Security - Designed to prevent disclosure of records where release
would cause some  damage" to national defense or foreign policy. Many
classified documents are in this category. But an executive order issued
since the Pentagon Papers case prohibits classification to hide
"illegalities; ineficiency or administrative error; to prevent embarrassment
to a person, organization or agency; to restrain competition or to shield
non-security information. The FOl Act gives to courts the power to determine
if the "national security" claim is justified, and to what degree.
Internal personnel rules and practices of an agency - This "housekeeing"
exemption is designed to cover routine documents in which the public is
assumed to have little interest. Remember that documents which may be of
public concern, such as personnel management evaluation forms, may not be
withheld under this exemption. Staff manuals are generally not exempt from
disclosure
Information required by other laws to he withheld - This "catch all
exemption" allows withholding of documents in a number of categories, such as
census records, tax returns and patent applications. If cited by an agency,
you should determine if the withholding has been tested in court. Just
because an agency cites the exemption does not mean it will pass legal
muster.
Trade secrets - To be exempt under this section, a document must really be
secret in nature and have some commercial value. This section applies to
information supplied to the government by individuals or private businesses.
It does not cover government-prepared documents about a person or firm if the
source is the government itself or non-exempt sources.
Executive Privilege - This applies to working papers, preliminary reports and
studies. These may be releasable, however, if they are adopted and become
part of official policy. Pre-decisional documents which deal with the
"factual" portion of the decision are releasable. So are final opinions and
"post-decisional" documents.
Personal privacy - This disclosure of "personnel and medical and similar
files," would constitute "a clearly unwarranted invasion of privacy."
Generally, this exemption is designed to cover intimate family-life details
which, in and of themselves, are not in the public interest. A file labeled
"personnel" or "medical" is not automatically exempt, however. Each document
has to contain protected information. Furthermore, courts have held that the
privacy consideration must be balanced against the public interest in
disclosure.
Current and pennding law enforcement files - "Investigatory" files can be
withheld, but t e government must prove that the documents are compiled for
specific criminal, civil or other law enforcement purposes, and that the
information, if released, would result in specific harm.
Bank reports - This exemption applies to federal agency reports on the
conditions of banks and other federally-regulated financial institutions.
Oil and gas well data - This exemption is designed to prohibit speculators
from finding out about private company oil and gas wells. It has been cited,
occasionally, by federal agencies such as the Bureau of Land Management and
the Federal Energy Regulatory Commission.


How To Use The Freedom of Information Act

What - Determine first what it is you are looking for. Use your head, your
library and your sources. Then determine if the information sought is already
in the public domain.
There is no reason to use the FOl Act or for government officials to be nice
to you if the information requested under the FOl Act is readily available at
the downtown library. Many FOl Act requests, particularly from inexperienced
users, do not overcome this first hurdle. Remember, federal agencies have no
obligation to be your research assistant for readily-available information.

Where - Once you determine what you want, and that it isn't readily available
except through the federal government, determine which agency might be able
to answer your questions. Sometimes, the answer is obvious. Sometimes it is
not.
There are several good reference books which dissect the federal government,
explaining the function of each bureau and department. These can provide an
idea of where the desired information might be located. Two of the best are
the Federal Regulatory Directory and Washington Information Directory, both
published by Congressional Quarterly, Inc.
Be creative in seeking the information. Federal agencies often share reports
and documents. The first agency contacted may deny your request. But it may
have sent a photocopy of the requested report to another agency with parallel
regulatory responsibilities. The second agency may very well release the
information - especially if they did not themselves originate the report or
document in question.

Try an informal request
Once you have narrowed the focus of the information search, make an informal
request to the agency. Do it in person or on the telephone. At this point,
the agency may very well give you what you want.
If this informal request meets resistance, it is sometimes helpful to mention
that a formal FOl Act request will be filed if the initial request is denied.
This approach sometimes prods unresponsive agency personnel into releasing
requested information.

How to file an FOl Act request:
If a cooperative approach fails, it is time to send a letter formally
invoking the Freedom of Information Act.
A sample FOl Act letter is included in booklet. There is no set form for a
Freedom of Information Act letter, this is a guideline form baed on
experience.  Here are minimum factors that should be included, no matter how
it i written: 

Flag the letter and envelope as a FOl Act request at the top of the letter.
The envelope should also be marked "Attention: Freedom of lnformation Act
Request." The letter should be sent by certified mail, with a return receipt
requested.

The information sought should be specifically and completely described.
citing document dates, titles, statute numbers and the like.

The request should be narrowly limited and defined to only the information
sought.. Don't, for example, ask the Bureau of Reclamation for "all records
relating to dam building in the western states." If a single request may
apply to a large number of documents, divide the request into several parts
and send a separate FOl Act letter for each part.

Explain your search fee waiver request. If you are requesting a fee waiver or
reduction of search and copying fees, you now need to explain in detail why
you want either. Guidelines drafted by the Reagan Administration require
this. These guidelines are discussed below.

Keep in mind the law provides that an "arbitrary" or "capricious" withholding
of information may result in disciplinary action against the government
personnel responsible. This can be mentioned either in the initial letter or
in a letter of appeal if the initial request is denied.

Selective withholding
An agency is also prohibited from withholding documents merely because some
of the information within the documents is exempt from disclosure. The FOlA
requires that exempt material be deleted from the documents and the remainder
of the documents released. This too should be mentioned in the initial
request letter.

What is a "document?"
It helps to use a very broad interpretation of the word "document." Is a
photograph a document? 
"'Documents' is used in a comprehensive sense and includes, but is not
limited to, all hand-written, typed, printed, recorded, transcribed copies or
reproductions of every kind and description. This includes letters,
memoranda, telegrams, notes, reports, details of accounts, minutes, work
sheets, computer printouts, contracts, proceedings, and any tape or other
compilation from which information can be obtained."

Time limit
The law requires agencies to respond to FOl Act requests within 10 working
days. In practice, however, most agencies take longer than this and courts
have been generally unwilling to enforce the time limit literally. A sentence
may be included in the initial request expressing your expectation that the
agency will respond promptly.

Keep good records
 Keep a complete "paper trail" on any FOIA request,  in case they are
required to meet an appeal. 

What are the exemptions?
The FOl Act lists nine areas where the federal government may withhold
information requested. Note the use of the word "may," not "shall" or "must"
withhold.
Withholding information under these exemptions is at the discretion of the
government agency, and a FOl Act request should always ask that the agency in
question use its authority to release information, even if that information
falls under one of the exemptions.
A more thorough discussion of the exemptions can be found in How to Use the
Federal Freedom of Information Act: A Concise and Complete Guide, published
and updated regularly by the Society of Professional Journalists and the
Reporters Committee for Freedom of the Press, 800 18th St. NW., Washington,
D.C. 20006. Single copies are $2; less in bulk.

What If the request Is denied?
If your initial FOl Act request is denied or granted only on the condition
that fees be paid, the law gives you a formal right of appeal. As a general
rule, an appeal should be filed within 30 days.
The appeal letter should explain you believe the denial is improper. For
instance, the law requires that any fees assessed be "reasonable" and reflect
the "direct" costs associated with searching for and duplicating documents.
Challenge the reasonableness of what seem excessive fees and demand a
dollar-by-dollar accounting of how the fees were derived.
If an agency initially demands massive search and copying fees and then can't
itemize how these totals were derived, the chances are improved that the fees
will be set aside or reduced on appeal or in court, if you go that far.
If a particular exemption is cited as the reason for the denial, the appeal
letter should clearly explain why this particular exemption doesn't apply in
this case. This means carefully reading the wording of the exemption in
question.
If the appeal is denied, the Act provides the right to file a lawsuit in
District Court, again appealing the denial.

What about fee waivers?
The FOl Act says information "shall be furnished without charge or at a
reduced charge," where the agency determines such a fee waiver or reduction
"can be considered as primarily benefiting the general public."

While the FOl Act is law, each president's administration issues guidelines
on interpreting the law. These can change. 
If an agency says it will release information, but only after charging search
and duplication fees, there are several possible steps:

Visit the agency - Inspecting the records in question may reduce the number
of documents which need to be copied.
Challenge the guidelines - Some reporters have challenged the new guidelines
for waiving or reducing fees, although this may result in a lengthy court
battle.
Appeal the fees - Another option is to accept the agency's search and copying
fee waiver guidelines, but demonstrate in an appeal letter that you have met
those guidelines.
Show the value of the information sought - Demonstrating the information
sought is not already in the public domain should largely be a listing of the
steps taken prior to filing the FOl Act. As mentioned, a letter from an
expert may help establish this point. Again, if you are requesting
information available in the public library, don't expect a government agency
to willingly spend time on your request.
Clarify qualifications - Finally, if your qualifications to analyze the
requested material are challenged, include a letter from an expert in the
field stating his willingness to help analyze any information released.




SAMPLE FOIA REQUEST LETTER:

ATTN: FREEDOM OF INFORMATION ACT REQUEST
Dear Sir or Madam:
Pursuant to the federal Freedom of Information Act, 5 USC 552, as amended, I
hereby request disclosure of the following information, documents and records
for inspection and possible copying:

(Insert specifics of information desired)

 The phrase "information, documents and records, "is used in a comprehensive
sense and includes but is not limited to all hand-written, typed, printed,
recorded, transcribed copies or reproductions of every kind and description.
This includes letters, memoranda, telegrams, notes, reports, details of
accounts, minutes, work sheets, computer printouts, contracts, proceedings,
and any type or other compilation from which information can be obtained.
 If you regard any information, documents and records in the foregoing list
as exempt from required disclosure under the Act, I hereby request that you
exercise your discretion under the Act to disclose them nonetheless.
 I further request that you disclose the listed information, documents and
records as they become available to you, without waiting until all
information, documents and records have been assembled.
 As you know, the Freedom of Information Act provides that if portions of a
document or record are exempt from release, the remainder must be segregated
and disclosed.
 Therefore I will expect you to send me all nonexempt portions of the
information, documents and records that I have requested, and ask that you
justify any deletions by reference to specific exemptions of the Act. I
reserve the right to appeal your decision to withhold any information,
documents and records.
 I am making this request in the capacity of a journalist employed by the
(Insert your newsgathering organization name, and a brief description of it,
such as: (The Times-News, a 22,000 circulation daily newspaper serving eight
counties in Southern Idaho).
 The information, documents and records disclosed pursuant to this request
will be used in preparation of news articles for dissemination to the public.
As you know the FOl Act says search and copying fees "shall" be waived when
the release of the requested information, documents and records would be "in
the public interest. "I believe this request plainly fits into this category.
 Accordingly, I request that pursuant to the FOl Act provisions in question,
you waive all fees in the public interest because the furnishing of the
information, documents and records requested will primarily benefit the
public.
 If you deny this request for a fee waiver, however, and the fees will exceed
$10, please notify me of the charges before you fill the request so I may
decide whether to pay the fees or appeal your denial of my request for a fee
waiver.
 I am making this request in the capacity of a journalist and the
information, documents and records requested have timely value. I ask that if
any questions arise concerning this request, you notify me by telephone
rather than by letter. My office telephone is____________. . I am normally
there (add your most convenient hours.)
 I am more than willing to be flexible in this request and assist in any
manner possible.
 If the answers to my questions can be provided by telephone, as opposed to
sending information, documents and records through the mail, I will accept
the answers in that manner.
 I wish to cooperate with your office. Feel free to call me at any time
should there be questions regarding this Freedom of Information Act request.

I appreciate your assistance.

Sincerely,