![]() ![]() The USA PATRIOT Improvement and Reauthorization Act ( P.L. A third IG report, critical of the FBI's use of exigent letters and informal NSL alternatives, noted that the practice had been stopped and related problems addressed. A year later, a second IG report confirmed the findings of the first, and noted the corrective measures taken in response. Then, a report by the Department of Justice's Inspector General (IG) found that in its use of expanded USA PATRIOT Act authority the FBI had "used NSLs in violation of applicable NSL statutes, Attorney General Guidelines, and internal FBI policies," although it concluded that no criminal laws had been broken. Thereafter, the authority was reported to have been widely used. 107-56) expanded the authority under the original four NSL statutes and created a fifth. The authority to issue these national security letters (NSL) is comparable to the authority to issue administrative subpoenas. This report is available abridged-without footnotes, appendices, and most of the citations to authority-as CRS Report RS22406, National Security Letters in Foreign Intelligence Investigations: A Glimpse at the Legal Background, by Charles Doyle.įive federal statutes authorize intelligence officials to request certain business record information in connection with national security investigations. The text of the five NSL statutory provisions has been appended. Finally, it adjusts existing reporting requirements to permit recipients to publicly disclose the extent to which they have been compelled to comply with NSLs. It also precludes the use of NSL authority for bulk collection of communications or financial records. 2048), Congress opted to adjust the NSL judicial review provisions governing the nondisclosure requirements which may accompany NSLs. The President’s Review Group on Intelligence and Communications Technologies recommended several NSL statutory adjustments designed to eliminate differences between NSLs and court orders under the Foreign Intelligence Surveillance Act (“§215 orders”), including requiring pre-issuance judicial approval of NSLs. Prospects of its continued use dimmed, however, after two lower federal courts held that the absolute confidentiality requirements and the limitations on judicial review rendered one of the NSL statutes constitutionally suspect. The sections were made explicitly subject to judicial enforcement and to sanctions for failure to comply with an NSL request or to breach NSL confidentiality requirements. 109-178) amended the five NSL statutes to expressly provide for judicial review of both the NSLs and the confidentiality requirements that attend them. The USA PATRIOT Improvement and Reauthorization Act (P.L. A third IG report, critical of the FBI’s use of exigent letters and informal NSL alternatives, noted that the practice had been stopped and related problems addressed. ![]() ![]() Then, a report by the Department of Justice’s Inspector General (IG) found that in its use of expanded USA PATRIOT Act authority the FBI had “used NSLs in violation of applicable NSL statutes, Attorney General Guidelines, and internal FBI policies,” although it concluded that no criminal laws had been broken. ![]() Five federal statutes authorize intelligence officials to request certain business record information in connection with national security investigations. ![]()
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