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National Security Letters — Part 1
Page 397
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the problem is enforcement of the law, not the law itself’ Timely corrective measures by
the ['BI and effective oversight by the Justice Department and Congress will ensure
proper use of this important law.
The inspector general's report found that the FBI's database for tracking NSLs
significantly underestimated the number of NSL requests, resulting in inaccurate reports
to Congress on the FBI's use of NSLs.
From 2003 to 2005, the FBI issued a total of 143,074 NSLs. This compares to 739
exigent letters to three telephone companies issued contrary to national security
investigation guidelines. The exigent letters represent 1/200th of the national security
letters issued.
Although the use of these unauthorized letters is disconcerting, the FBI discontinued
this practice last year.
The inspector general makes two other very important findings.
First, there is no evidence that arryone at the FBI intended to violate the law or internal
policy. This is a significant finding because it confirms that FBI agents acted in good
faith and sought to comply with the law, even as they worked under severe lime
constraints and with an urgent desire to thwart terrorist activities.
Second, as detailed by the inspector general, NSLs are a critical tool in fighting
terrorism and keeping our country safe. The information acquired through NSLs is
valuable to international terrorism and espionage investigations and has allowed the FBI
and intelligence agencies to identify terrorists and spies, the sources of their financing,
and their plans to attack or harm our national security.
SMITH:
In addition, the FBI shares important information gathered through NSLs with other
intelligence agencies, joint terrorism task forces, and state and local aw enforcement
agencies.
To do their job, the FBI must be able to collect important information about suspected
terrorists and spies while complying with the law and freely share such information with
key partners.
In response to extensive oversight efforts conducted last Congress, the Patriot
Reauthorization Act added critical new safeguards, For instance, an NSL recipient can
challenge the request in court, nondisclosure orders require supervisory approval, and the
recipient may disclose the NSL to an aftomey.
1 applaud the administration's response to the inspector general's report and expect the
administration to follow through on its promise to act quickly to remedy the deficiencies
identified by the inspector general.
Mr. Chairman, on September 11th, 2001, the United States was attacked. More than
3,000 people lost their lives. Members of Congress overwhelming!y approved important
hew counterterrorism tools for our nation's law enforcement personnel and updated
existing authorities to meet the terrorist threat.
We must continue to demonstrate responsible leadership on the NSLs and other
important national security issues.
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