Administrative Processing

FBI Name Check Overview
All applicants for a U.S. immigration benefit, such as a green card applicant, are subject to criminal and national security background checks to ensure they are eligible for that benefit. U.S. Citizenship and Immigration Services (USCIS), the Federal agency that oversees immigration benefits, performs checks on every applicant, regardless of ethnicity, national origin or religion.

The Purpose of NNCP?
The purpose of the name check is to enhance national security and ensure the integrity of the immigration process. USCIS is responsible for ensuring that our immigration system is not used as a vehicle to harm the United States or its citizens by screening out people who seek immigration benefits improperly or fraudulently. These security checks are used to identify applicants involved in violent crimes, sex crimes, crimes against children, drug trafficking and individuals with known links to terrorism.

NNCP Function
The NNCP review and analyze potential identifiable documents to determine whether a specific individual has been the subject of or mentioned in any FBI investigation(s), and if so, what (if any) relevant information may be disseminated to the requesting agency. It is important to note that the FBI does not adjudicate the final outcome; it just reports the results to the requesting agency.

Name Check Database: Source of Data
The NNCP conducts manual and electronic searches of the FBI’s Central Records System (CRS) Universal Index (UNI). The CRS encompasses the centralized records of FBI Headquarters, field offices, and Legal Attache offices. The CRS contains all FBI investigative, administrative, personnel, and general files.

NNCP Process - Major Steps

The FBI NNCP conducts manual and electronic searches of the FBI’s Central Records System (CRS) and Universal Index (UNI) for all instances of applicant’s name and approximate date of birth in main case files or references. A main file name is that of an individual who is the subject of an FBI investigation whereas a reference is someone whose name appears in an FBI investigation.

1. Search Request
The agency/entity (UCSIS) submits a request to the FBI’s NNCP. Submissions are accepted via magnetic tape, hard copy, telephone, or fax.

2. Primary Search
The electronic (batch) submissions are searched against the UNI. The majority of the batch names are electronically returned as “no record” with 48-72 hours.

3. Secondary Search
A secondary “manual” search is done for names with possible reference or entries from the “hits” (possible matches) of the primary search.

4. Manual Review
The remaining paper files and/or electronic files are reviewed to ensure they are relevant to the name check request.

5. Disclosure of Search Results
Identifiable files ("Idents") are then analyzed for relevant or derogatory information that may be disseminated to the requesting agency/entity (USCIS). The NNCP forwards a summary of the information of the individual to the submitting agency/entity.


Explanation of Search Results
1. “No Record”
A “no record” indicates that the UNI database contains no identifiable information regarding a particular individual. By agreement with the Department of State, partially due to the concern about the time factors in approving visa requests, a "No Record" translates in to a "No Objection" to the issuance of a visa.

2. “Hit” (Possible Match)
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 index entry to further refine the names "Hit" upon.

3. "Ident" (Match)
If the search develops a name and birth date match of a “hit”, it is designated as an "Ident” which is then analyzed for relevant or derogatory information.

4. Further Investigation is Needed
Additional review is required for searches that were not immediately eliminated as a "No Record" due to a name and birth date not being enough to positively match the file with an individual. A secondary manual search is done to determine a “no record” or a possible “hit”. The electronic and/or paper FBI record for these is retrieved and reviewed. Which is then determined a “hit” or “no record”.

Name Check Processing Time
The majority of name checks submitted are electronically checked and returned to the submitting agency as having "No Record" within 48-72 hours. The processing time for FBI name checks usually take from 30-120 days but timing does vary from case to case. The FBI’s intention is to have all visa requests processed within 120 days. Most name check requests that are over 60 days old are the result of the time required to retrieve and review field office record information. Any case which is not processed within this time frame is usually delayed because of a potential "hit" (match) which will be further reviewed manually.

Major Name Check Requesting Agencies
The FBI’s NNCP Section provides services to more than 70 federal, state, and local governments and entities. Although most name checks are conducted for each agency on a first-in, first-out basis, the contributing agency determines the order of resolution for priority, project, or expedite cases.

1. U.S. Citizenship and Immigration Services (USCIS)
Submits name check requests on individuals applying for the following benefits: asylum, adjustment of status to legal permanent resident, naturalization, and waivers.

2. Office of Personnel Management
Submits name checks requests in order to determine an individual’s suitability and eligibility in seeking employment with the federal government.

3. Department of State
Submits FBI name check requests on individuals applying for visas.
Not all visa matters require FBI name checks.


Freedom of Information and Privacy Act (FOIPA) vs. Name Check
Freedom of Information and Privacy Acts (FOIPA) requests are sometimes confused with name check requests. FOIPA provides copies of FBI files relevant to a specific FOIPA request. For FOIPA, the FBI search uses the name or information as provided in the FOIPA request. A FOIPA search determines whether there is an investigative file associated with an individual—a “main file” search. For a name check, “main files” and “reference files” are both checked, in addition to searching a name in a multitude of combinations.
Source: www.fbi.gov

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When I came to know that I am not the only one facing this situation, it really helped me getting over with my frustration. Sharing of your particular case might ease someone else's mental stress.

Commenting to this post, please post your experiences with the AP (Administrative Processing)/ SAO (Security Advisory Opinion)/ Name Check on your US Visa application. It will be appreciated if you provide the following information:

- Date of Interview
- Visa Type (H1b, H4, F1, etc.)
- Date of receipt of Passport
- Special Situation (if Any)
- Details
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When is a Security Advisory Opinion (SAO) requested?

An SAO may be required of a visa applicant for a number of reasons: a “hit” during a name-check; being a “national” of certain countries; studying or researching an academic field on the Technology Alert List (TAL); or, based on the “intuition” of the interviewing officer.

NAME-CHECK… Every applicant for any visa must undergo a name-check through the Consolidated Consular Database (CCD). If the applicant’s name matches a name on the database as a ‘problem’, an SAO is required.

NATIONALITY… Being a “national” of certain countries is all that is needed in order to require an SAO. “National” may mean that the individual has dual citizenship, once was a citizen of one of those countries, OR was born in one of those countries. The only way to avoid this is if proof of renunciation of that citizenship is in writing (whether in fact the applicant was ever a citizen of the country).

TAL… Many of the fields of study listed on the TAL are very broadly stated which results in a number of SAOs. Detailed (but not lengthy!) explanations of the specific research that the applicant is engaged in may obviate the need for an SAO, if the research is clearly not of strategic importance, but this is not guaranteed.

INTUITION… Consular officers are asked to use their own impressions to request an SAO if they are at all unsure of whether it is necessary or not.

How long does an SAO take?

SAOs are a referral to “Washington agencies;” note the use of the plural form. Several agencies check the individual’s background through their own systems and pass the results back to a central point. It is never possible to find out exactly where the SAO is at any one point in time.

The U.S. Department of State claims that 80% of all SAOs are cleared within two weeks. There is no prediction ever made of the length of time it will take. Some posts may tell applicants the “average for an SAO is X weeks/months”, but this is anecdotal and only an AVERAGE for the recent experience of their post.

Anecdotally, many in the academic community have reported waits of two, four, six months and longer. If 80% are indeed cleared in two weeks, then 90% of the remainder are student and scholar SAOs. Reports of delays of eight months and more, while possible, are uncommon except from China

Further Reading:
"The "Visas Mantis" Security Advisory Opinion (SAO): An Overview for Science and Technology Professionals"
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The Department of State claims that 80% of SAOs are cleared within two weeks, but the general expected time for a clearance is unknown. While various diplomatics posts mention some average times (the website of the at United States embassy in Ankara, Turkey mentions up to six to eight weeks), this only reflects the recent experience of the post, and does not reflect actual statistics.

The Department of State's Foreign Affairs Manual (which is a reference for diplomatic posts), dated August 16, 2006, mentions:
“[...] posts can expect a wait of a minimum of twenty business days to receive responses, although some responses will arrive well within that time frame. However, complicated cases can take some time to resolve, particularly if there are other U.S. Government agency concerns to consider.”

According to a report by the United States Government Accountability Office, as of November 30, 2004, 87% of Visas Mantis cases (one of the various kinds of SAOs) has been cleared in 30 days or less, 5% were taking 31-60 days, 5% were taking 61-90 days, 1% were taking 91-120 days and the final 2% were taking more than 120 days. The average time was 15 days, which was significantly reduced, as the same report mentions that during October 2003, the average was 75 days. On February 11, 2005, the Department of State mentioned that it "has been able to decrease the average time to obtain Visas Mantis clearance to less than 14 days".

The validity of the clearance (which specifies a deadline for the time a visa could be issued) is based on its type, and ranges between three and 48 months. During the period of validity, posts can usually issue another visa for the applicant without requesting a new SAO if the applicant's circumstances haven't changed much.
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There are various types of SAOs, usually named after various animals, with two named after legendary characters. As of August 2006, these included Visas Mantis (potential illegal transfer of sensitive or dual-use technology, introduced in 1998), Visas Bear (for foreign government officials, representatives to international organizations, and their families), Visas Donkey (name hits, certain nationalities), Visas Merlin (for refugees and asylees), Visas Eagle (certain nationals of Cuba, China, Iran, Russia, and Vietnam), Visas Condor (certain nationalities, introduced in January 2002), and Visas Hawk (for immigrant visas). There are also other types of SAOs used for notifying the Department of State about visa issuance and that the applicant will be traveling to the United States: Visas Horse (diplomatic visa holders of certain nationalities) and Visas Pegasus (officials of Commonwealth of Independent States).

Source: Wikipedia
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Security Advisory Opinion (SAO) or Washington Special Clearance, commonly called security clearance, administrative clearance, or administrative processing,is a process the United States Department of State and the diplomatic missions of the United States use in deciding to grant or deny a United States visa to certain visa applicants. The process involves sending a request from the visa issuing post to the Department of State's headquarters in Washington, D.C., to investigate an individual's case for possible espionage, terrorism, and illegal export of technology out of the United States.

Apart from the Department of State, the process involves other agencies of the federal government of the United States, specially those under Department of Homeland Security. Some of the agencied involved are: FBI, CIA, Drug Enforcement Agency, Department of Commerce, Department of Treasury's Office of Foreign Assets Control, Interpol, and the Department of State's Bureau of International Security and Nonproliferation.
The process for issuing a United States visa, possibly including a Visas Mantis check

SAOs have been the source of long delays for determining if a non-US citizen should be issued a US visa or not. As a result, United States Government Accountability Office found in a report dated February 2004 that "students and scholars with science backgrounds might decide not to come to the United States, and technological advancements that serve U.S. and global interests could be jeopardized" as a result.

In mid-2003, SAOs were submitted for about 2% of the applicants. The Department of State processed 245,000 SAOs in FY 2006, and has processed over a million SAOs in the period from September 2001 to May 2007.

Source: wikipedia
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FBI & DOS has now a joint plant to eliminate backlog of FBI name checks to reduce the time limit and they have set up a target.They announced this joint plant on April 2,2008.

MAY 2008: Process all name checks pending more than 3 years.

JULY 2008: Process all name checks pending more than 2 years.

NOVEMBER 2008: Process all name checks pending more than 1 year.

FEBRUARY 2009: Process all name checks pending more than 6 months.

JUNE 2009: Process 98% of all name checks within 30 days and process the remaining 2 % with in 3 months.
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Here is a brief breakdown on what is going on once you submit the prints and AP starts for security checks.

1. Fingerprints are transmitted to the states for the FBI to research.
2. These are the the most common name checks that are run on all applicants at the embassy level.
a. Condor
b. Mantis
c. NCIC

Consulate has option, if warranted, to run full gamut of checks, such as CCD (past visa applications & results), TIPOFF (DOS Bureau of Intelligence), NAILS (Nat'l Automated Immigration Lookout System), TECS II (Treasury Dept. database), TSC & TTIC (DOS Terrorist screening)].
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Source: http://www.fbi.gov/congress/congress03/garrity071003.htm

As of: 11/23/2008

Testimony of Robert J. Garrity, Jr., Acting Assistant Director, Records Management Division, FBI
Before the House of Representatives, Committee on Government Reform
July 10, 2003
"The FBI's VISA Name Check Process"

Mr. Chairman and members of the Committee, thank you for inviting Director Mueller here today to testify in this hearing, in which the Committee is examining problems of delayed entry for aliens traveling to the United States for legitimate business practices. I am here to discuss the challenges of ensuring security without unduly disrupting legitimate commerce. Unfortunately, Director Mueller could not be here today, so I have been designated to provide testimony in his stead. My name is Robert Garrity, and I have served as an FBI Special Agent since 1976. I currently serve as the acting Assistant Director of one of the FBI's newest divisions, the Records Management Division (RMD). Here with me today is David Hardy, who serves as the Chief of the Record/Information Dissemination Section, the section within the RMD responsible for the National Name Check Program. My goals today are to inform you of the FBI's visa name check process; provide you with an accurate assessment of how well this process is functioning; and describe to you the measures the FBI is taking to continually improve this process.

First, I want to emphasize to you that the FBI is sensitive to the impact that delays in visa processing may have on business, education, tourism, this country's foreign relations, and worldwide perceptions of the United States. With these considerations in mind, the FBI is working diligently with the Department of State toward the common goal of improving the expediency and efficiency of the visa clearance process. At the same time, the consequences of the FBI's mission on homeland security requires that our name check process be primarily focused on an accurate and thorough result. This means that there are instances when the FBI's review of a visa request must require as much time as needed to obtain an unequivocally correct result.

National Name Check Program

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.

Personnel Dedicated to NNCP

The FBI recently increased name check personnel from 75 employees to 125 employees. This 65% increase was taken from within existing Records Management Division resources and designed to address the projected increase in name check requests since September 11. We also reorganized the unit, dividing it into two units, one for Personnel Security name checks and one for Homeland Security name checks. The new homeland security unit will allow us to better focus on sensitive name check programs such as visa requests. To clear older cases, the FBI brought in additional personnel from the field on a temporary duty (TDY) basis and authorized substantial overtime work. The number of cases in excess of 120 days has been all but eliminated. The FBI is continuing these efforts by bringing in additional support employees to collect file information from the field. The FBI's Counterterrorism Division is temporarily assigning additional Agents to conduct SAO reviews. Visa Condor and Visa Mantis have been given the highest priority in processing name check requests.

However, the FBI recognizes that the explosion in numbers of requests necessitates development of even more efficient processes in order to sustain the current pace of processing name check requests. The FBI is in the process of developing interim improvements to minimize manual submissions by all agencies and increase efficiency within the name check unit. The FBI has developed high-level functional requirements for a new name check application compatible with the new FBI information systems in development. These new information systems, over time, will eliminate dependence on the retrieval of paper files. The development of this new name check application is now undergoing review within the FBI's Investment Management Process.

Decentralized Recordkeeping System

I have touched upon our IT systems shortcomings, but now I want to discuss the primary factor in any delay in the FBI responding to a visa name check. When the NNCP systems produces a "Hit" or an "Ident" that requires further review, the analyst must consult the actual file. If he or she is lucky, the file has been uploaded into our electronic recordkeeping system, ACS, and can be instantly accessed from her workstation computer. This system only came on-line in October 1995, so often the full text of the information has not been uploaded and the analyst must resort to the paper record. Paper records are divided into two basic file categories: active files and closed files. Active files are, as the name suggests, current, on-going investigations, analytical projects, or administrative functions. Closed files are records of past investigations or functions, now inactive, but for which the FBI is required to retain the records, either in satisfaction of statutory authority or regulations, or because the information contained in the closed file represents a key component to FBI's intelligence base.

FBI files are currently stored at one of approximately 265 locations, including the FBI's Headquarters facility, several warehouses around the Washington Metropolitan area, in records centers either operated by the NARA or commercial concerns, four large Information Technology Center facilities on the east and west coast, at each of the 56 field offices, many of the larger of our 400 resident agencies, and at legal attaché offices worldwide. This equates to approximately 1.8 million cubic feet of decentralized records storage, which provides some unique challenges to our efforts to be optimally effective and efficient. While the FBI's decentralized paper records management process does ease field investigations and local prosecutions - a process that may have sufficed before September 11, 2001 - those terrorist attacks have forced the FBI to shift from parochial investigations to nationwide intelligence gathering and sharing.

In addition, statutory authorities for domestic law-enforcement and international intelligence agencies have been expanded (e.g., USA PATRIOT Act), increasing the number of agencies requesting FBI information. As the FBI is called upon to share and/or jointly investigate complex cases, it must share information internally and with other cooperating organizations. Currently, analysts conducting research on terrorism or intelligence topics who develop leads based on information indexed in files located outside Washington, DC must request those files be retrieved from the shelves and shipped to FBI Headquarters. The decentralized records management system hinders timely nationwide investigations and information sharing, since much time and effort is expended simply locating and shipping files across the United States. Beyond file retrieval delays, records security and document safety are also a growing concern.

Delays have resulted from NNCP personnel identifying a file's location then requesting the file from a field office. Time delays mount as field office staff search file rooms and then ship the needed file or a prepared summary to FBI Headquarters. This process – repeated for many tasks, not only dilutes the FBI's responsiveness, but also limits information sharing – a critical success factor in working counterintelligence and counterterrorism cases. The name check delays have significant consequences to FBI customers and stakeholders. The delays impede hiring or clearing skilled workers; completing government contracts; student enrollment, and as is the interest of this Committee, clearing requested visas for business visits to the United States. More importantly than all of the foregoing, these processing delays can also diminish counterterrorism effectiveness.

One possible solution to these problems the FBI is exploring would be a central records repository where all of our closed paper files could be located, and our active files stored electronically. Our frequently requested closed files could be scanned and uploaded into our electronic record-keeping system, so that Agents and analysts world wide would have instant, electronic access to the information they need to do their jobs.

Conclusion

All of these efforts reflect the FBI's recognition of the importance of accurate and timely name check processing. I want to emphasize to you, this issue has the full attention of Director Mueller. The FBI appreciates the interest of the Committee in this matter. I thank you for your invitation to speak to you today and look forward to working with you in the future. I am prepared to answer any questions the Committee may have.


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Source: http://www.fbi.gov/hq/nationalnamecheck.htm

Content as of 11/23/2008

Mission: The National Name Check Program's (NNCP’s) mission is to disseminate information from FBI files in response to name check requests received from federal agencies including internal offices within the FBI; components within the legislative, judicial, and executive branches of the federal government; foreign police and intelligence agencies; and state and local law enforcement agencies within the criminal justice system.

Purpose: The NNCP has its genesis in Executive Order 10450, issued during the Eisenhower Administration. This executive order addresses personnel security issues, and mandated National Agency Checks (NACs) as part of the pre-employment vetting and background investigation process. The FBI is a primary NAC conducted on all U.S. government employees. Since September 11th, name check requests have grown, 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 FBI name checks. In addition to serving federal, state, and local government customers, the NNCP conducts numerous name searches in direct support of the counterintelligence, counterterrorism, and homeland security efforts of the FBI.

Function: The employees of the NNCP review and analyze potential identifiable documents to determine whether a specific individual has been the subject of or mentioned in any FBI investigation(s), and if so, what (if any) relevant information may be disseminated to the requesting agency. It is important to note that the FBI does not adjudicate the final outcome, it just reports the results to the requesting agency.

NNCP Process Step-by-Step:

* Agency/entity submission to the FBI’s NNCP. Submissions are accepted via magnetic tape, hard copy, telephone, or fax.
* Electronic “batch” submissions are searched against the UNI. The majority of the batch names are electronically returned as “no record” with 48-72 hours. A “no record” indicates that the UNI database contains no identifiable information regarding a particular individual. The UNI is searched for “main files”, files where the name of an individual is the subject of an FBI investigation, and for “reference files”, files where the name being searched is just mentioned in an investigation.
* A secondary “manual” search of residuals from the batch run identifies an additional number of names as a “no record” response.
* The remaining paper files and/or electronic files are reviewed to ensure they are germane to the name check request.
* Identifiable files are then analyzed for relevant or derogatory information that may be disseminated to the requesting agency/entity. Approximately 1 percent of the requests are determined to contain possible derogatory information. If applicable, the NNCP forwards a summary of the information to the submitting agency/entity.

Growth of the Name Check Program: Since September 11, 2001, the number of incoming name checks has increased:


Incoming Name Checks:
FY 01 FY 02 FY 03 FY 04 FY 05 FY 06 FY 07

2,771,241 | 3,288,018 | 6,309,346 | 3,884,467 | 3,346,435 | 3,616,505 | 4,071,020


Freedom of Information and Privacy Act (FOIPA) vs. Name Check: Freedom of Information and Privacy Acts (FOIPA) requests are sometimes confused with name check requests. FOIPA provides copies of FBI files relevant to a specific FOIPA request. For FOIPA, the FBI search uses the name or information as provided in the FOIPA request. A FOIPA search determines whether there is an investigative file associated with an individual—a “main file” search. For a name check, “main files” and “reference files” are both checked, in addition to searching a name in a multitude of combinations.

Major Contributing Agencies: The FBI’s NNCP Section provides services to more than 70 federal, state, and local governments and entities. Although most name checks are conducted for each agency on a first-in, first-out basis, the contributing agency determines the order of resolution for priority, project, or expedite cases. The following are the major contributing agencies to the NNCP:

* U.S. Citizenship and Immigration Services – Submits name check requests on individuals applying for the following benefits: asylum, adjustment of status to legal permanent resident, naturalization, and waivers.
* Office of Personnel Management – Submits name checks requests in order to determine an individual’s suitability and eligibility in seeking employment with the federal government.
* Department of State – Submits FBI name check requests on individuals applying for visas. Not all visa matters require FBI name checks.
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The 221(g) is a section of the US Immigration and Nationality Act, which is used when the embassy or consulate are unable to take immediate action on a visa case. In rare cases, when additional processing is required, the suspense category used in that case is 221(g) while the additional processing takes place. For example, sometimes the applicant has failed to bring in the correct documentation, has incomplete information or in some cases the embassy wants a co sponsor before they will issue the visa or health reasons are all reasons a 221(g) is issued. In the Middle East/African/ Asian countries these applicants are scrutinized and screened more intensely and thus they have to wait out longer security or fraud investigations until all verifications for security or suspected fraud come back cleared.

Source: US Immigration and Nationality Act located on the web at: http://149.101.23.2/graphics/lawsregs/INA.htm

The 221(g) forms vary from consulate/embassy and you can get one or more forms after your interview. They vary in color as well as the way they are written whereas some are brief and some are detailed. In most cases they say to contact the consulate/embassy after 45 days. Be aware that the 45 days means business days (no weekends or holidays) and in some parts of the world the processing times are longer than 45 days. Always, try and check for others that are going through the same consulate and see what the average processing time is for the majority of the applicants.
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Administrative Review and/or Administrative Processing
After Your Visa Interview

Administrative Review: Is when your case is being looked at more closely for accuracy and to make sure all security name and fingerprint checks have cleared and your visa can be adjudicated.

Administrative Processing: Means once you have interviewed it is in security checks for any of these situations: you have had a name hit in one of the many data bases, background checks for fraud, or has missing and incomplete information that must be submitted and the rechecked. Processing is more in depth and than the review process and there is no time limit for this processing to complete. Administrative processing can last a few days or months and in some cases it has endured for years.
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