NNCP

[charon1]

The National Name Check Program (NNCP) has the mission of disseminating information from the FBI's Central Records System in response to requests submitted by federal agencies, congressional committees, the federal judiciary, friendly foreign police and intelligence agencies, and state and local criminal justice agencies. For all except law enforcement requests, the program is to be operated on a fee-for-service basis, with the beneficiary of the name check paying for it, not the American taxpayers. The Central Records System contains the FBI's administrative, personnel and investigative files. The NNCP has its genesis in Executive Order 10450, issued during the Eisenhower Administration. This executive order addresses personnel security issues, and mandates National Agency Checks (NAC) as part of the pre-employment vetting and background investigation process. The FBI is a primary NAC conducted on all U. S. Government employees. From this modest beginning, the NNCP has grown exponentially, with more and more customers seeking background information from FBI files on individuals before bestowing a privilege - - Whether that privilege is government employment or an appointment; a security clearance; attendance at a White House function; a Green card or naturalization; admission to the bar; or a visa for the privilege of visiting our homeland; more than 70 federal and state agencies regularly request an FBI name check. Two specific visa request categories, Visa Condor and Visa Mantis, are relevant to the hearing today. In addition to serving our regular governmental customers, the FBI conducts numerous name searches in direct support of the counterintelligence, counterterrorism and homeland security efforts of the FBI.

 

Exponential Growth

 

Prior to September 11, 2001, the FBI processed approximately 2.5 million name check requests per year. In FY 2002, that number increased to 3.2 million. For FY 2003, the number of requests to date already exceeds 5.6 million and is expected to reach 9.8 million requests. That represents an increase in excess of 300%. Attachment A illustrates this explosive increase. This year, the FBI will process approximately 200,000 visa name check requests, including approximately 75,000 Visa Condor requests and 25,000 Visa Mantis requests.

 

Over Burdened System

 

I can tell you, Mr. Chairman, that with the advent of new visa screening requirements in late 2001, specifically the Visa Condor program, the FBI was overwhelmed by the increase in names to be checked. We did experience a backlog, and visas requested in the spring and summer of 2002 were delayed beyond the time period travelers had anticipated. We have all but eliminated the backlog, and have worked together with the State Department to ensure that any old visa requests have been accounted for and processed. The days of what some people would characterize as an unreasonable delay have now passed us by. I would now like to explain the process the FBI uses to conduct name checks on these visa requests.

 

FBI Name Check Process

 

It may be helpful to the Committee to follow along with Attachment B, a flow chart of the FBI visa name check work process. Consular officers worldwide determine whether a visa request falls into one of the special visa categories requiring additional scrutiny. Two of these categories are Visa Condor, relevant to certain individuals who are from designated countries and who satisfy additional criteria which may make them worthy of additional scrutiny, and Visa Mantis, relevant to certain individuals who will have access during their visit to American special technologies. The consular officer will submit their name check requests by cable, simultaneously to both the FBI and State Department headquarters.

 

In the next step of the process, the FBI communications center forwards the batches of names to be checked electronically to the name check program. The name is electronically checked against the FBI Universal Indices (UNI). The searches seek all instances of the individual's name and close date of birth, whether a main file name or reference. By way of explanation, a main file name is that of an individual who is, himself, the subject of an FBI investigation, whereas a reference is someone whose name appears in an FBI investigation. References may be associates, witnesses, conspirators, or a myriad of other reasons may exist to explain why an FBI Agent believed it important to index a particular name in an investigation for later recovery. The names are searched in a multitude of combinations, switching the order of first, last, middle names, as well as combinations with just the first and last, first and middle, and so on. It also searches different phonetic spelling variations of the names, especially important considering that many names in our indices have been transliterated from a language other than English.

 

If there is a match with a name in a FBI record, it is designated as a "Hit", meaning that the system has stopped on a possible match with the name being checked, but now a human being must review the file or indices entry to further refine the names "Hit" on. If the search comes up with a name and birth date match, it is designated an "Ident." An "Ident" is usually easier to resolve.

 

Resolution Rate

 

Approximately 85% of name checks are electronically returned as having "No Record" within 72 hours. A "No Record" indicates that the FBI's Central Records System contains no identifiable information regarding to this individual. By agreement with State, partially due to our concern about the time factors in approving most visa requests, a No Record equates to a No Objection to the issuance of a visa. The substantive investigative divisions in the FBI, (i.e., Counterterrorism Division (CTD), Counterintelligence Division (CD), Criminal Investigative Division (CID) and the Cyber Division (CyD)) do not review visa requests where there is no record of the individual. Duplicate submissions (i.e., identically spelled names with identical dates of birth submitted within the last 120 days) are not checked and the duplicate findings are returned to State.

 

Because a name and birth date are not sufficient to positively correlate the file with an individual, additional review is required. A secondary manual name search usually identifies an additional 10% of the requests as having a "No Record", for a 95% overall "No Record" response rate. This is usually accomplished within a week of the request. The remaining 5% are identified as possibly being the subject of an FBI record. The FBI record must now be retrieved and reviewed. If the records were electronically uploaded into the FBI Automated Case Support (ACS) electronic recordkeeping system, it can be viewed quickly. If not, the relevant information must be retrieved from the existing paper record. Review of this information will determine whether the information is identified with the subject of the request. If not, the request is closed as a "No Record."

 

The information in the file is reviewed for possible derogatory information. Less than 1% of the requests are identified with an individual with possible derogatory information. These requests are forwarded to the appropriate FBI investigative division for further analysis. If the investigative division determines there is no objection to the visa request, the request is returned to the name check dissemination desk for forwarding to the State Department. If there is an FBI objection to the visa request, the investigative division will prepare a written Security Advisory Opinion (SAO) and forward it to the State Department. In reviewing these visa requests, the FBI has identified individuals attempting to enter the United States who are of serious concern to the FBI.

 

Processing Times

 

As in the name checks processes for 70 other agencies, the name check system accurately monitors the status of visa requests in the name check process. The system's metrics are a dynamic tool, allowing the FBI to identify when to add additional personnel to process visas. The metrics also provide an accurate tool to determine whether the name check process is causing delays for visa requests.

 

The FBI's goal is to have all requests completed within 120 days. Attachment C illustrates the current status of Visa Condor names checks, and Attachment D illustrates the same for Visa Mantis name checks. This status was taken on July 3, 2003. For example, for Visas Condor, the FBI received 7384 requests during the month of June 2003. The FBI resolved all but 649 of these requests, for a 92% resolution rate. In the month of May 2003, the FBI received 5,059 Visa Condor requests and has resolved all but 105 of these requests for a 98%resolution rate (See Attachment C). For Visas Mantis, the FBI received 2589 requests in the month of June 2003 and resolved 2226, or 86% of them (See Attachment D). Visas Mantis are particularly difficult to resolve due to the predominance of requests from China and the commonality of Asian names.

 

A common question we receive is, How long does it take to complete a visa request name check? As shown on these graphs, 86 to 92% are completed in 30 days. For both types of visa requests, 98-99% of the requests are resolved in 120 days.

 

Most name check requests that are over 30 days old are the result of the time required to retrieve and review field office record information. Some delay occurs at substantive analysts' desks, but this is to be expected. These analysts are assigned to the investigative divisions and are primarily assigned to the analysis of intelligence reports from around the world in order to support on-going investigations, or to support the flow of intelligence to policy makers. These are the best professionals, however, to review information in our records and to then make an informed decision on whether a requester of a visa represents a threat to our homeland, or is interested in illegally acquiring our targeted technology. Nevertheless, as I stated earlier, the FBI's resolves 99% of all types of visa requests within 120 days.

 

These numbers provide you accurate information to assess whether, both in time and in numbers, the FBI name check process for visa requests unduly disrupts the legitimate commerce of this nation.

 

Process Improvement

 

As I have said, during the spring and summer of 2002 the FBI was unable to adequately account for visa request processing times. This is no longer the case. This was accomplished through clarification of the FBI name check database, software modifications that allowed development of detailed metrics, and the development of an internal FBI tracking system for SAO opinions. With these metrics, the FBI can allocate resources as necessary to meet requirements. And, as I have also already said, the FBI worked closely with State on visa name check procedures. These past six months have seen considerable improvement in the coordination of visa name check processing.

 

Improperly formatted cables are an obvious weak point in the visa submission process. The State Department submits their names by cable, whereas other agencies submit their requests by disc or tape and formatting errors are returned on disc to the requesting agency. This allows the requesting agency to identify and correct the errors in an electronic format. The State Department is working hard to resolve this problem by developing a system whereby visa requests will be submitted on disc through State as opposed to the current system of separate cables directly to the FBI. The FBI fully supports this effort. Currently, in anticipation of submission of visa requests by disc, the FBI and State Department's Visa Processing Center are developing common procedures and formats. Recognizing the need for interim measures until the time that State can submit all visa requests on disc or tape, the State Department is batching unresolved cables held within their database and submitting them to the FBI. In order to avoid the duplicate name problem, the FBI has developed special codes and manipulates the name check application for each submission. This is a time consuming, but necessary process to support State's efforts. This week alone the FBI is running thousands of names submitted by State from State's database

[cosmiclobster]

Interesting! Thanks for posting this.

[keelec]

Thanks for posting this. I have seen links before, but it is valuable for the newer members.

 

So, if you read it:

 

1) HUGE Growth of Namechecks... Hmmm, has anybody ever thought of curtailing the practice of doing 2 or 3 or even more Namechecks on any one individual?

 

2) As far as times and delays… reading the numbers the other way, about 10% take over 30 days to process (1 out of every 10). And 1-2% take over 120 days (1 or 2 out of every 100).

 

Thus, if the Candle has over a thousand members, then at least 100 of us have experienced Namecheck delays of over a month. And 10-20 of us have experienced them of over 4 months. (Although never confirmed by anybody, I believe that our case was one of those caught in a Namecheck Nightmare).

Improperly formatted cables are an obvious weak point in the visa submission process. The State Department submits their names by cable, whereas other agencies submit their requests by disc or tape and formatting errors are returned on disc to the requesting agency. This allows the requesting agency to identify and correct the errors in an electronic format. The State Department is working hard to resolve this problem by developing a system whereby visa requests will be submitted on disc through State as opposed to the current system of separate cables directly to the FBI.

Cables, Tapes, Disks… Formatting Issues… Hmmm,

TIME TO JOIN THE 21st CENTURY

[mari]

Does anybody knows the difference between the name check performed by the NVC and the one requested by the Consulate? Our first one only took 10 days, the second one is 103 days old and counting...... I already contacted my Congressman for help, this process is so unfair.

[charon1]

my own interview was in july and Oct is gona b end more then 95 days but no reply from embassy , Embassy said to me case is perfact nothing to worry just ur name is common so we have to do ur name check now i want u to help me and tell me how u fingered out about my case in how many days embassy can get reply for my k3 visa

[charon1]

FBI Name Check Primer

Disclaimer:

I am not a lawyer and I cannot be held responsible for accuracy of the information below. Please use this document at your own risk.

Contents

•Section I – Name Check Explained

•Section II – Contact Info

•Section III – Possible means to expedite name check

Key:

 

 

Section I – Name Check Explained

 

The Name Check’s official name is the National Name Check Program (NNCP). It is

synonymous with FBI Background Check, Security Check etc. The National Name Check Program (NNCP) has the mission of disseminating information from the FBI's Central Records System in response to requests submitted by federal agencies, congressional committees, the federal judiciary, friendly foreign police and intelligence agencies, and state and local criminal justice agencies. The Central Records System (CRS) contains the FBI's administrative, personnel and investigative files. The NNCP has grown exponentially, with more and more customers seeking background information from FBI files on individuals before bestowing a privilege - -

Whether that privilege is government employment or an appointment; a security clearance; attendance at a White House function; a Green card or naturalization; admission to the bar; or a visa for the privilege of visiting our homeland; more than 70 federal and state agencies regularly request an FBI name check. The USCIS is one of its biggest customers. The name checks are handled at FBI Headquarters at Washington DC.

In my understanding a name check consists of running the applicant’s name and date of birth over multiple government records – not commercial records like credit reports etc. This will tell the agency if there has been any activity on your name ever i.e. if you were a convicted criminal, a witness in a federal case, a person who was investigated etc.

 

Name checks for Naturalization was initiated after Sept 11 2001. I am unsure if the program existed for Naturalization applicants before that time.

 

Many people report incredible lengths of delays with name checks. The reason for this is that the system (computerized system) is unable to conclude weather or not you are a person of interest. An analyst has to then intervene. The reason could me multi fold like you having a very common name (Asian last names for example) or your name matches that of a person that FBI dealt with in the past etc. This could take 1 day or over a year. Another reason for delays is that this department is grossly understaffed.

 

I think that the name check requests are sent after a finger print result is received. I just happened to notice this with many applicants.

 

Name check requests are automatically initiated by the Service Center and are done for all applicants. There is another check called the CIA check that is not done for Naturalization applicants. CIA check is done for I-485, Amnesty and other applicants.

When the system searches for your name and does not find any indices, it returns “NORECORD” as a result. This is what majority of people will have for a status. A “No-Record” means “No-Objection” from the part of the FBI for Naturalization.

However presence of a record by itself is not always adverse. Just means you have been involved somehow with something that FBI has a record on.

The Records name checks are supervised by Agent David Hardy who is the Chief of the

Record/Information Dissemination Section in the Records Management Division (RMD).

Mr.Hardy’s boss is the Assistant Director, Records Management Division is William Hooton.

 

Section II – Contact Info

Every single phone and fax number mentioned is available on the internet – if you know where to look. I have just arranged them into one useful chunk.

 

Please use these phone numbers and fax numbers (especially the Asst Director/analysts) with discretion. Believe me you don’t want to nag the FBI too much or enrage them - in your own interest.

 

FBI Fingerprint Status (304) 625-2000

FBI Name Check Status (Main Line) (202) 324-3625

FBI NNCP Public Inquiry Voice Line (202) 324 2399

FBI Name Check Inquiry Fax (202) 324-3367 (Mention Name/DOB/A#/Ph#/Addr#/Email/Fax)

FBI NNCP Analyst Diane Berger – (202) 324 0680 (Do not nag the analysts)

FBI NNCP Supervisor Renee Morton – Call the FBI main line and ask for this person.

FOIPA Contact Person Debbie Beatty (202) 324 6182

FOIPA Fax Inquiry (202)-324-3752

William Hooton – Asst Director RMD Office – (202)-324-7129 (Use as a last measure only)

 

 

 

FOIPA

 

Use this as a template to file your FOIPA request. Modify it to suit your information and fax it in to the FBI. Contact Debbie Beatty at (202) 324 6182 for more info

 

Make sure you send a Privacy Act request to check if FBI has a record in their Central Records System. It is important to see if there is a record or not. If you get a ‘No-Records” response and your name check is pending for a long time, you can take this information to Mr. Hardy/Mr. Hooton

 

To:

David M. Hardy, Chief

Record/Information Dissemination Section

Federal Bureau of Investigation

935 Pennsylvania Avenue, N.W.

Washington, D.C. 20535

Fax: (202) 324-3752

 

Sub: PRIVACY ACT REQUEST

 

Dear Mr. Hardy:

 

Under the Freedom of Information Act, 5 U.S.C. section 552 and the Privacy Act, 5 U.S.C. section 552a, please furnish me with copies of all records about me indexed to my name or my identifying information, maintained in the Central Records System (CRS).

To help identify information about me in your records systems and/or programs, I am providing the following identifying information:

 

Full Name: John Doe

Date of Birth: January 1, 1981

Place of Birth: Tokyo, Japan

Social Security Number: 123-45-6789

Current Address: 123 My street, City, State Zip

Home Phone Number: 555-555-5555

If you have any questions about handling this request, you may phone me at 555-555-5550 (day or evenings). Please respond to: John Doe, 123 My street, City, State Zip

 

Sincerely,

 

Signature

 

John Doe

Pursuant to 28 U.S.C. 1746, I certify under penalty of perjury that the foregoing is true and correct and that I am requesting release of my records to myself.

Executed on [date].

 

Signature

Section III – Possible means to expedite name check

This section is based on my learning and guess work only. Don’t take it to the bank

1. File a FOIPA request at the time of filing your N400. Since both requests (FOIPA and

Name Checks) are handled by the same RMD department, I assume if they trace your

Record once, the second time will be easier. Also in case of unusual delays (over a few

Months) you can appeal with this in hand.

2. Fax a name check request monthly and call the voice line every so often. This will

familiarize your name with them.

3. Write to Asst Dir William Hooton and explain your urgency in the best way you can.

4. In case of unusual delays (over a few months), contact your Congressman and ask him/her

to

a) Request for an expedite from the FBI

Write to the Congressional Asst Dir, Eleni Kalisch to appeal

c) Have them contact an FBI legislative liaison and check on your case often