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National Security Letters — Part 1
Page 70
70 / 1188
To: All Divisions From: Office of the General Counsel
Re: %19X%-HO-A1487720-0GC, 04/07/2006
* Individual must have been notified of the nondisclosure
provision.
* Individual must knowingly and with the intent to obstruct an
investigation or judicial proceeding violate the nondisclosure
provision,
* Punishable by up to five years imprisonment, a fine, or both.
Sec. 118. Reports on National Security Letters.
Obstruction of an
Investigation (18 U.S.C. §
1510): .
Section 118 of the USA PATRIOT Improvement and Reauthorization Act of 2005
outlines a new reporting scheme for National Security Letters.
Procedural Changes Related to National Security Letter Reporting: This section now
requires that NSL statistics be reported 10 the House and Senate Judiciary Committees, in
addition to the House Permanent Select Committee on Intelligence and the Senate Select
Committee on Intelligence. Additionally, Congress has directed that the NSL requests made
pursuant to the 15 U.S.C. § 1681 v [Fair Credit Reporting Act} be reported serni-annually to the
House Committee on Financial Services and the Senate Commitice on Banking, Housing and
Urban Affairs, in addition to the House and Senate intelligence committees. These provisions
are consistent with Congress’ desire for more oversight of the national security investigative
tools. Finally, Congress has directed that the Attorney General provide an unclassified report
annually (April) which will report the aggregate numbers of NSL requests concerning different
U.S. persons. With the unclassified report, Congress intends for the public to have a better view
of the material Congress sees in conducting its oversight responsibilities.
The FBI OGC’s National Security Law Branch and OIPR will provide future guidance on
the FBI’s role in the reporting of NSLs.
Current NSL Reports: « AG reports on a semi-annual basis.
* Reports will now also be made to the House Judiciary
Committee, the House Permanent Select Committee on
Intelligence, the Senate Judiciary Committee, and the Senate
Select Committee on Intelligence.
« AG reports on a semi-annual basis.
* Reports will now also be made to the House Judiciary
Committee, the House Committee on Financial Services, the
House Permanent Select Committee on Intelligence, the Senate
Judiciary Committee, the Senate Housing and Urban Affairs
Committee, and the Senate Select Committee on Intelligence.
Enhanced Oversight of 15
U.S.C. § 1681v NSLs (for
credit agency consumer
records): _
20
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