From: FBI, Washington
To: Mr. Bryan Bishop, not Washington
FOIPA Request No.: xxxxzzz-qqq
Dear Mr. Bishop:
This is in response to your Freedom of Information/Privacy Acts (FOIPA) request.
Based on the information you provided, we conducted a search of the Central Records System. We were unable to identify main file records responsive to the FOIPA. If you have additional information pertaining to the subject that you believe was of investigative interest to the Bureau, please provide us the details and we will conduct an additional search.
In accordance with standard FBI practice and pursuant to Privacy Act exemption (j)(2) [5 U.S.C. 552a (j)(2)] and FOIPA exemption (b)(7)(E) [5 U.S.C. 552 (b)(7)(E)], this response neither confirms nor denies the existence of your subject's name on any watch lists.
For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C 552(c) (2006 & Supp. IV (2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.
You may file an appeal by writing to the Director, Office of Information Policy (OIP), U.S. Department of Justice, 1425 New York Ave., NW, Suite 11050, Washington, D.C.. 20530-0001. Your appeal must be received by OIP within sixty (60) days from the date of this letter in order to be considered timely. The envelope and the letter should be clearly marked "Freedom of Information Appeal." Please cite the FOIPA Request Number in any correspondence to us for proper identification of your request.
Enclosed for your information is a copy of the FBI Fact Sheet.
Sincerely,
David M. Hardy
Section Chief,
Record/Information Dissemination Section
Records Management Division
FBI Fact Sheet
- The primary function of the FBI is law enforcement.
- The FBI does not keep a file on every citizen in the United States.
- The FBI was not established until 1908 and we have very few records prior to the 1920s.
- FBI files generally contain reports of FBI investigations of a wide range of matters, including counterterrorism, counter-intelligence, cyber crime, public corruption, civil rights, organized crime, white-collar crime, major thefts/violent crime, and applicants.
- The FBI does not issue clearances or non-clearances for anyone other than itso wn personnel or persons having access to FBI facilities. Background investigations for security clearances are conducted by many different Government agencies. Persons who recevied a clearance while in the military or employed with some other government agency should contact that entity. Most government agencies have websites which are accessible on the internet which have their contact information.
- An identification record or "rap sheet" is NOT the same as an "FBI file". It is a listing of information taken from fingerprint cards and related documents submitted to the FBI in connection with arrests, federal employment, naturalization or military service. The subject of a "rap sheet" may obtain a copy by submitting a written request to FBI, Criminal Justice Information Services (CJIS) Division, Record Request, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306. Along with a specific written request, the individual must submit a new full set of his/her fingerprints in order to locate the record, establish positive identification, and ensure that an individual's records are not disseminated to an unauthorized person. The fingerprint submission must include the subject's name, date of birth, and place of birth. There is a required fee of $18 for this service which must be submitted in the form of a money order or certified bank check made payable to the Treasury of the United States. A credit card payment option is also available. Forms for this option and additional directions may be obtained by accessing the FBI Web site at www.fbi.gov/about-us/cjis/background-checks/background_checks.
- The National Name Check Program (NNCP) conducts a search of the FBI'S Universal Index (UNI) to identify any information contained in FBI records that may be associated with an individual and provides the results of that search to the requesting Federal, State or local agency. For the NNCP, a name is searched in a multitude of combinations and phonetic spellings to ensure all records are located. The NNCP also searches for both "main" and "cross reference" files. A main file is an entry that carries the name corresponding to the subject of a file while a cross reference is merely a mention of an individual contained in a file. The results from a search of this magnitude can result in several "hits" and "idents" on an individual. In each instance where UNI has identified a name variation or reference, information must be reviewed to determine whether it is applicable to the individual in question.
- The Record/Information Dissemination Section--Freedom of Information/Privacy Act(FOIPA) searches for records and provides copies of FBI files relevant to a FOIPA request for information. FOIPA provides responsive documents to requesters seeking "reasonably described information." For a FOIPA search, the subject name, event, activity, or business is searched to determine whether there is an investigative file associated with the subject. This is called a "main file search" and differs from the NNCP search.
Also, a copy of the text on http://vault.fbi.gov/explanation-of-exemptions was enclosed.