FBI file on United Nuclear, release 2

FBI FOIPA Addendum
As referenced in our letter responding to your Freedom of Information/Privacy Acts (FOIPA) request, the FBI FOIPA Addendum
provides information applicable to your request. Part 1 of the Addendum includes standard responses that apply to all requests.
Part 2 includes standard responses that apply to requests for records about individuals to the extent your request seeks the listed
information. Part 3 includes general information about FBI records, searches, and programs.
Part 1: The standard responses below apply to all requests:
(i) 5 U.S.C. § 552(c). Congress excluded three categories of law enforcement and national security records from the
requirements of the FOIPA [5 U.S.C. § 552(c)]. FBI responses are limited to those records subject to the requirements of the
FOIPA. Additional information about the FBI and the FOIPA can be found on the www.fbi.gov/foia website.
(ii) Intelligence Records. To the extent your request seeks records of intelligence sources, methods, or activities, the FBI can
neither confirm nor deny the existence of records pursuant to FOIA exemptions (b)(1), (b)(3), and as applicable to requests for
records about individuals, PA exemption (j)(2) [5 U.S.C. §§ 552/552a (b)(1), (b)(3), and (j)(2)]. The mere acknowledgment of
the existence or nonexistence of such records is itself a classified fact protected by FOIA exemption (b)(1) and/or would reveal
intelligence sources, methods, or activities protected by exemption (b)(3) [50 USC § 3024(i)(1)]. This is a standard response
and should not be read to indicate that any such records do or do not exist.
Part 2: The standard responses below apply to all requests for records on individuals:
(i) Requests for Records about any Individual—Watch Lists. The FBI can neither confirm nor deny the existence of any
individual’s name on a watch list pursuant to FOIA exemption (b)(7)(E) and PA exemption (j)(2) [5 U.S.C. §§ 552/552a
(b)(7)(E), (j)(2)]. This is a standard response and should not be read to indicate that watch list records do or do not exist.
(ii) Requests for Records about any Individual—Witness Security Program Records. The FBI can neither confirm nor deny
the existence of records which could identify any participant in the Witness Security Program pursuant to FOIA exemption
(b)(3) and PA exemption (j)(2) [5 U.S.C. §§ 552/552a (b)(3), 18 U.S.C. 3521, and (j)(2)]. This is a standard response and
should not be read to indicate that such records do or do not exist.
(iii) Requests for Confidential Informant Records. The FBI can neither confirm nor deny the existence of confidential
informant records pursuant to FOIA exemptions (b)(7)(D), (b)(7)(E), and (b)(7)(F) [5 U.S.C.§ § 552 (b)(7)(D), (b)(7)(E), and
(b)(7)(F)] and Privacy Act exemption (j)(2) [5 U.S.C.§ 552a (j)(2)]. The mere acknowledgment of the existence or nonexistence of
such records would reveal confidential informant identities and information, expose law enforcement techniques, and endanger
the life or physical safety of individuals. This is a standard response and should not be read to indicate that such records do or do
not exist.
Part 3: General Information:
(i) Record Searches and Standard Search Policy. The Record/Information Dissemination Section (RIDS) searches for
reasonably described records by searching systems, such as the Central Records System (CRS), or locations where responsive
records would reasonably be found. The CRS is an extensive system of records consisting of applicant, investigative,
intelligence, personnel, administrative, and general files compiled by the FBI per its law enforcement, intelligence, and
administrative functions. The CRS spans the entire FBI organization, comprising records of FBI Headquarters, FBI Field Offices,
and FBI Legal Attaché Offices (Legats) worldwide; Electronic Surveillance (ELSUR) records are included in the CRS. The
standard search policy is a search for main entity records in the CRS. Unless specifically requested, a standard search does not
include a search for reference entity records, administrative records of previous FOIPA requests, or civil litigation files.
a. Main Entity Records – created for individuals or non-individuals who are the subjects or the focus of
an investigation
b. Reference Entity Records- created for individuals or non-individuals who are associated with a case
but are not known subjects or the focus of an investigation
(ii) FBI Records. Founded in 1908, the FBI carries out a dual law enforcement and national security mission. As part of this dual
mission, the FBI creates and maintains records on various subjects; however, the FBI does not maintain records on every
person, subject, or entity.
(iii) Foreseeable Harm Standard. As amended in 2016, the Freedom of Information Act provides that a federal agency may
withhold responsive records only if: (1) the agency reasonably foresees that disclosure would harm an interest protected by one
of the nine exemptions that FOIA enumerates, or (2) disclosure is prohibited by law (5 United States Code, Section
552(a)(8)(A)(i)). The FBI considers this foreseeable harm standard in the processing of its requests.
(iv) Requests for Criminal History Records or Rap Sheets. The Criminal Justice Information Services (CJIS) Division
provides Identity History Summary Checks – often referred to as a criminal history record or rap sheet. These criminal history
records are not the same as material in an investigative “FBI file.” An Identity History Summary Check is a listing of
information taken from fingerprint cards and documents submitted to the FBI in connection with arrests, federal employment,
naturalization, or military service. For a fee, individuals can request a copy of their Identity History Summary Check. Forms
and directions can be accessed at www.fbi.gov/about-us/cjis/identity-history-summary-checks. Additionally, requests can be
submitted electronically at www.edo.cjis.gov. For additional information, please contact CJIS directly at (304) 625-5590.