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National Security Letters — Part 1
Page 875
875 / 1188
To: All
Field Offices
From: National
Security Branch
Re: 3i9XHQ+A1487?2O~OGC,
O3/O2/2007
Section 1681v
of the
FCRA was
added
by
the
sen? USA
PATRIOT Act.
This section
authorizes the
FBI to
obtain
full
consumer credit
reports. However,
NSLs can
be
issued
pursuant to
this section
only to
conduct investigations
related to
international terrorism.
The FBI
may not
use
an
NSL
to obtain
a
full credit
report in
a counterintelligence
investigations
absent an
international terrorism
nexus.
Nonetheless, it
has come
to the
attention of
the
National Security
Branch NSBJ
that in
some instances
full
credit
EEpOIt5 for
counterintelliqence investigations
unrelated to
international terrorism
have been
obtained or
requested
under
a
FCRA Section
168lv NSL.
The request
or receipt
of such
information in
this context
violates FCRA
statutory requirements.
Therefore, receiving
offices are
directed to
review
FCRA NSLs
issued in
CY 2006
in the
context of
a
counterintelligence investigations
unrelated
to
international
terrorism in
order
to
determine
if any
such NSLs
requested
full
credit reports
or
resulted
in the
receipt of
full credit
reports.
If such
reports were
requested or
obtained, the
incident should
be
reported
to the
National Security
Law Branch
NSLB] as
a
potential Intelligence
Oversight Board
TOE! violation
regardless of
who was
at fault!.
NSLB will
determine whether
in
fact the
incident should
be
reported
to the
IOB.
Further, if
such information
has been
obtained
improperly, the
information should
be
sequestered
with the
Chief
Division Counsel
pending the
issuance of
the IOB
opinion
by
NSLE.
The EC
that is
issued
by
NSLB
will provide
guidance as
to how
the
information is
to
be
permanently
handled. Most
likely, NSLB
will
suggest that
the information
be
returned
to the
Credit reporting
agency.
AN EC
To Nss
AND NSLB
DOCUMENTING THE
RESULTS 015' THIS
SEARCH IS
MANDATORY, EVEN
IF THE
SEARCH IS
NEGATIVE. RESULTS
OF
THIS SEARCH
SHOULD BE
SENT WITHIN
30 DAYS
FROM THE
DATE
OF
THIS
EC.
92
~r
b6
'
b You
mat direc- an questions concerning this matter to
7C were
attorney at
202-324
b2
2
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