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National Security Letters — Part 1
Page 62
62 / 1188
To: All Divisions From: Office of the General Counsel
Re: 319X-HQO-A1487720-06C, 04/07/2006
Congressional Reporting on FISA Physical Search authority:
Reporting cycle: Attorney General will report on a semiannual basis.
Congressional * House Permanent Select Committee on Intelligence
Committees: * House Judiciary Committee
* Senate Select Committee on Intelligence
* Senate Judiciary Committee
Report the following regarding emergency physical searches —
* Total number of applications.
| + Total number of orders granted, modified, or denied.
* Number of physical searches involving the residences, offices,
or personal property of U.S. persons, and the number of
occasions the AG provided notice,
* Total number of emergency authorizations, and total number of
subsequent orders approving or denying the physical searches.
Reporting categories:
Congressional Reporting on FISA Pen Register and Trap and Trace authonty:
Reporting cycle: _ | Attorney General! will report on a semiannual basis.
Congressional + House Permanent Select Committee on Intelligence
Committees: : * House Judiciary Committee
So « Senate Select Committee on Intelligence
« Senate Judiciary Committee
Reporting categories: Report the following regarding pen registers/trap and trace —
- oot, . 4 © Total number of applications.
* Total number of orders granted, modified, or denied.
« Total number of emergency authorizations, and total number
subsequent orders approving or denying the pen registers/trap
and trace.
Procedural Changes Related to Enhanced Congressional Oversight: If necessary,
OIPR and FBI OGC will publish guidance in response to the new provisions, OJPR will retain
responsibility for reporting to Congress on FISA related activities,
FISA PEN REGISTER/TRAP AND TRACE CHANGES
Sec, 128, PATRIOT Section 214; Authority for Disclosure of Additional Information
in Connection with Orders for Pen Register and Trap and Trace Authority
under FISA.
Congress modified the FISA pen register and trap and trace devices authority to
give the FBI access to more information through this authority. The pertinent portion of the new
statute describing the information available to the FBI is reproduced here (highlights added):
FISA § 402 [50 U.S.C. § 1842]. Pen registers and trap and trace devices for
foreign intelligence and international terrorism investigations.
12
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