The following is the response I received this evening from the FBI regarding the files I requested on Dorothy Parker less than a week ago:
U.S. Department of Justice
Federal Bureau of Investigation
MR. ROBERT M HAYNES SR.
Dear Mr. Haynes:
Washington, D.C. 20535
October 17, 2019
Request No.: 1449674-000 Subject: PARKER, DOROTHY
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 places reasonably expected to have records. However, we were unable to identify records responsive to your request. Therefore, your request is being closed. If you have additional information pertaining to the subject of your request, please submit a new request providing the details, and we will conduct an additional search.
Please see the selected paragraphs below for relevant information specific to your request and the enclosed FBI FOIPA Addendum for standard responses applicable to all requests.
Please be advised that your request was reopened based on the additional information you provided. A new search was conducted, and we were unable to identify responsive records.
Records potentially responsive to your request were destroyed. Since this material could not be reviewed, it is not known if it was responsive to your request. Record retention and disposal is carried out under supervision of the National Archives and Records Administration (NARA) according to Title 44 United States Code Section 3301, Title 36 Code of Federal Regulations (CFR) Chapter 12 Sub-chapter B Part 1228, and 36 CFR 1229.10. Please be advised that the General Records Schedule (GRS) disposition authority for FOIPA records is DAA-GRS-2016-0002-0001 (GRS 4.2, Item 020).
Records potentially responsive to your request were transferred to the National Archives and Records Administration (NARA). If you wish to review these records, send your request to NARA at the following address:
National Archives and Records Administration 8601 Adelphi Road
College Park, MD 20740-6001
Use file numbers, 100-HQ-56075, 100-NY-98708, 100-NY-69192, and 100-NY- 69754 as a reference in your correspondence.
Potentially responsive records were identified during the search. However, we were advised that they were not in their expected locations. An additional search for the missing records also met with unsuccessful results. Since we were unable to review the records, we were unable to determine if they were responsive to your request.
The portion of your request concerning an FBI identification record commonly referred to as a ca ecd a ee has been forwarded to the Criminal Justice Information Services (CJIS) Division for processing. For additional information, see the enclosed FBI FOIPA Addendum General Information Section.
Requests for expedited processing are not applicable when a final response is issued within ten calendar days.
Police departments should be aware that the search conducted was limited to FBI records. Requests for criminal history records or rap sheets should be directed to Criminal Justice Information Services (CJIS). Information regarding CJIS is listed in the enclosed FBI FOIPA Addendum General Information Section.
Records potentially responsive to your request were transferred to the National Personnel Records Center – Civilian Personnel Records (NPRC-CPR). In order to obtain information on a file located at the NPRC, your request must be mailed to the following address:
National Archives and Records Administration ATTN: Archival Programs
P.O. Box 38757
St. Louis, MO 63138
Please refer to the enclosed FBI FOIPA Addendum for additional standard responses applicable to your request. Pa 1 of the Addendum includes standard responses that apply to all requests. Pa 2 includes additional standard responses that apply to all requests for records on individuals. Pa 3 includes general information about FBI records that you may find useful. Also enclosed is our Explanation of Exemptions.
For questions regarding our determinations, visit the http://www.fbi.gov/foia ebe de Cac
U. The FOIPA Request Number listed above has been assigned to your request. Please use this number in all correspondence concerning your request.
You may file an appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, Sixth Floor, 441 G Street, NW, Washington, D.C. 20001, or you may submit an appeal through OIP’s FOIA online portal by creating an account on the following website: https://www.foiaonline.gov/foiaonline/action/public/home. Your appeal must be postmarked or electronically transmitted within ninety (90) days from the date of this letter in order to be considered timely. If you submit your appeal by mail, both the lee ad e eee d be cea aed Feed f Ifa Ac Aea. Peae ce e FOIPA Ree Nbe aed ee a be ea defed.
You may seek dispute resolution services by contacting the Office of Government Information Services (OGIS). The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at firstname.lastname@example.org; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. Aeae, a cac e FBI FOIA Pbc La b ea email@example.com. If you submit your dispute resolution correspondence by email, the subject
ead d cea ae De Re Sece. assigned to your request so it may be easily identified.
Peae a ce e FOIPA Ree Nbe
David M. Hardy Section Chief, Record/Information
Dissemination Section Information Management Division
FBI FOIPA Addendum
As referenced in our letter responding to your Freedom of Information/Privacy Acts (FOIPA) request, the FBI FOIPA Addendum includes information applicable to your request. Part 1 of the Addendum includes standard responses that apply to all requests. Part 2 includes additional standard responses that apply to all requests for records on individuals. Part 3 includes general information about FBI records. For questions regarding Parts 1, 2, or 3, visit the http://www.fbi.gov/foia website de Cac U. Peil meied aeal ad die eli eice ae al aailable at the web address.
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 FOIA [5 U.S.C. § 552(c) (2006 & Supp. IV (2010)]. FBI responses are limited to those records subject to the requirements of the FOIA. Additional information about the FBI and the FOIPA can be found on the http://www.fbi.gov/foia website.
(ii) National Security/Intelligence Records. The FBI can neither confirm nor deny the existence of national security and foreign intelligence records pursuant to FOIA exemptions (b)(1), (b)(3), and PA exemption (j)(2) as applicable to requests for records about individuals [5 U.S.C. §§ 552/552a (b)(1), (b)(3), and (j)(2); 50 U.S.C § 3024(i)(1)]. 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 national security or foreign intelligence 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 IndividualWatch Lists. The FBI can neither confirm nor deny the existence of a dda ae a ac a FOIA ee (b)(7)(E) ad PA ee ()(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 for Incarcerated Individuals. The FBI can neither confirm nor deny the existence of records which could reasonably be expected to endanger the life or physical safety of any incarcerated individual pursuant to FOIA exemptions (b)(7)(E), (b)(7)(F), and PA exemption (j)(2) [5 U.S.C. §§ 552/552a (b)(7)(E), (b)(7)(F), and (j)(2)]. 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. The Record/Information Dissemination Section (RIDS) searches for reasonably described records by searching those systems or locations where responsive records would reasonably be found. A reasonable search normally consists of a search for main files in the Central Records System (CRS), an extensive system of records consisting of applicant, investigative, intelligence, personnel, administrative, and general files compiled and maintained by the FBI in the course of fulfilling law enforcement, intelligence, and administrative functions. The CRS spans the entire FBI organization and encompasses the records of FBI Headquarters (FBIHQ), FBI Field Offices, and FBI Legal Attaché Offices (Legats) worldwide and includes Electronic Surveillance (ELSUR) records. For additional information about our record searches visit http://www.fbi.gov/services/information-management/foipa/requesting-fbi-records.
(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) 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 sheets. These ca ecd ae e ae a aea a eae FBI fe. A Ide H Sa Cec 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 http://www.fbi.gov/about-us/cjis/identity-history- summary-checks. Additionally, requests can be submitted electronically at http://www.edo.cjis.gov. For additional information, please contact CJIS directly at (304) 625-5590.
(iv) The National Name Check Program (NNCP). The mission of NNCP is to analyze and report information in response to name check requests received from federal agencies, for the purpose of protecting the United States from foreign and domestic threats to national security. Please be advised that this is a service provided to other federal agencies. Private citizens cannot request a name check.
EXPLANATION OF EXEMPTIONS SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552
(b)(1) (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified to such Executive order;
(b)(2) related solely to the internal personnel rules and practices of an agency;
(b)(3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld;
(b)(4) trade secrets and commercial or financial information obtained from a person and privileged or confidential;
(b)(5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency;
(b)(6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;
(b)(7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information ( A ) could reasonably be expected to interfere with enforcement proceedings, ( B ) would deprive a person of a right to a fair trial or an impartial adjudication, ( C ) could reasonably be expected to constitute an unwarranted invasion of personal privacy, ( D ) could reasonably be expected to disclose the identity of confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, ( E ) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or ( F ) could reasonably be expected to endanger the life or physical safety of any individual;
(b)(8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions; or
(b)(9) geological and geophysical information and data, including maps, concerning wells.
SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552a
(d)(5) information compiled in reasonable anticipation of a civil action proceeding;
(j)(2) material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or apprehend criminals;
(k)(1) information which is currently and properly classified pursuant to an Executive order in the interest of the national defense or foreign policy, for example, information involving intelligence sources or methods;
(k)(2) investigatory material compiled for law enforcement purposes, other than criminal, which did not result in loss of a right, benefit or privilege under Federal programs, or which would identify a source who furnished information pursuant to a promise that his/her identity would be held in confidence;
(k)(3) material maintained in connection with providing protective services to the President of the United States or any other individual pursuant to the authority of Title 18, United States Code, Section 3056;
(k)(4) required by statute to be maintained and used solely as statistical records;
(k)(5) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment or for access to classified information, the disclosure of which would reveal the identity of the person who furnished information pursuant to a promise that his/her identity would be held in confidence;
(k)(6) testing or examination material used to determine individual qualifications for appointment or promotion in Federal Government service the release of which would compromise the testing or examination process;
(k)(7) material used to determine potential for promotion in the armed services, the disclosure of which would reveal the identity of the person who furnished the material pursuant to a promise that his/her identity would be held in confidence.
It seems that the files I’ve requested have either been destroyed or sent to the National Archives and Records Administration (NARA). This intrigues me even more to find out about this woman. Why would her file be over 900 pages? And why would those files be destroyed? I really want to figure this out! I may have to write to the editor of “The Portable Dorothy Parker” to get some more info…