◆ SpookStack

It has to be tied to some tnvestigative file. They have to open an investigative file or a threat assessment or preliminary inquiry, a full inquiry. it has to be tied 10 one of those. It can't be issued out of a control file. SCOTT: That's what they're supposed to do. Are they doing that? FINE: We found that ihere were instances where they didn't; that they were issued out of control files and they were not tied to a specific investigation. SCOTT: Well, if there's no ongoing investigation, what is the standard for deciding when to issue one and when not? CAPRONI: The standard is that it has to be relevant to an authorized investigation. What Mr. Fine was talking about with the control files is, while it's a difficult situation to understand, those NSLs were -- in fact, they related to an authorized investigation. There was a bureaucratic problem, which nobody likes to hear that it's a bureaucratic problem that we believe we have worked out. Nene of the NSLs that were issued out of control files did not relate to an authorized investigation. They all were tied to investigations that were appropriately opened. CONYERS: The distinguished gentleman from North Carolina, Howard Coble? COBLE: I thank the chairman. And good to have you all with us. Mr. Fine, your report recommends a number of changes on the FBI's use and tracking of national security letters. The attorney general issued a press release on March 9th responding to those recommendations. COBLE: And | presume each of you is familiar with that report -- are you not? -- the March 9th report. Let me put this question to each of you: Will those recommendations submitted by the AG. restore the FBI's accountability for its use of NSLs? Mr. Fine, let me start with you. FINE: I believe that the response to the recommendations and what the FBI and department is doing is appropriate.