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National Security Letters — Part 1
Page 393
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activities in national security investigations are followed. The FBI has historically been very good
at establishing policy and setting rules, but we have not been as proactive as we should have been in
establishing internal controls and auditing functions.
The full parameters of the compliance program have not been set, although these aspects
have been: the Inspection Division with participation of DOJ’s National Security Division and
Privacy and Civil Liberties Office is in the process of a special inspection of NSL usage in all 56
field offices and headquarters. That inspection should uncover any other significant problems with
our use of this tool but should also teil us whether there are variances between offices in terms of the
numbers and types of errors. The results of the inspection will then inform the program that the
Attomey General announced of having teams of DOJ lawyers, FBI lawyers and the Inspection
Division periodically audit field offices’ use of NSLs. That process will begin in April and should
result in at least 15 offices being audited this year. We are also considering other proactive
compliance programs in order to develop a program that ensures, 10 the maximum extent possible,
that the rules and policies designed to protect privacy and civil liberties are faithfully adhered to by
all of our employees, that we promptly identify and correct any violations of Jaw or policy, and that
any information collected erroneously is removed trom FBI databases and destroyed. In addition, a
working group co-chaired by the Office of the Director of National Intelligence and the CPCLO has
been convened to examine how NSL-derived information is used and retained by the FBI. The FBI
and DOJ's National Security Division will have a representative on this working group. We
welcome the Committee's input as we move forward on these initiatives.
The FBI is acutely aware that the only way that we can achieve our mission of keeping the
country safe is if we are trusted by all segments of the American public. With events like the
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