For Immediate Release
March 9, 2007
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Washington D.C.
FBI National Press Office
(202) 324-3691
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RESPONSE TO DOJ INSPECTOR GENERAL’S REPORT
ON FBI’S USE OF NATIONAL SECURITY LETTERS
Washington, D.C. – In the post-9/11 world,
the National Security Letter (NSL) remains an indispensable
investigative tool. NSLs contribute significantly to the
FBI’s ability to carry out its national security
responsibilities by directly supporting its counterterrorism,
counterintelligence, and intelligence missions. NSLs also
allow the FBI to obtain information to eliminate concerns
about individuals and close down investigations with a
high degree of confidence there is no terrorism or adverse
intelligence-gathering threat. We are pleased the Inspector
General concurs with the FBI concerning the value of the
NSL tool.
“The
Inspector General conducted a fair and objective review
of the FBI’s use of a proven and useful investigative
tool,” said Director Robert S. Mueller, III, “and
his finding of deficiencies in our processes is unacceptable.
We strive to exercise our authorities consistent with the
privacy protections and civil liberties that we are sworn
to uphold. Anything less will not be tolerated. While we’ve
already taken some steps to address these shortcomings,
I am ordering additional corrective measures to be taken
immediately,” Mueller said.
Importantly, the OIG found no deliberate or intentional
misuse of authorities, whether NSL statutes or Attorney
General Guidelines. Nevertheless, the OIG review identified
several areas of inadequate auditing and oversight of these
vital investigative tools, as well as inappropriate processes,
and these are findings of significant concern.
As a result, Director Mueller is implementing reforms
to the process designed to correct those deficiencies identified – with
accountability. Those steps include strengthening internal
controls, changing policies and procedures to improve oversight
of the NSL approval process, barring certain practices
identified in the Inspector General’s report, and
ordering an expedited inspection.
The FBI will work together with DOJ’s National
Security Division and the Privacy and Civil Liberties Office
to implement these reforms. Throughout this process, the
FBI will continue to work closely with the OIG to gauge
progress and consider any additional reforms.
In its review, the OIG took into consideration the environment
in which the Bureau has functioned over the last five years.
Since September 11, 2001, as the report noted, the FBI
has undergone major reorganization. The men and women of
the Bureau's Counterterrorism Division, in particular,
have carried an extraordinary workload, transforming operations
while working at a breakneck pace to protect Americans. The
OIG also recognized the importance of NSLs, citing a number
of instances in which they have been used by the FBI to
gather the basic building blocks of its counterterrorism
and counterintelligence investigations.
The deficiencies identified, however, require the FBI
to redouble its efforts to ensure we do not repeat the
mistakes in the use of these authorities, however lacking
in intent. Any report of possible violations of legal authorities
will continue to be carefully reviewed, and, if warranted,
referred to the appropriate entities. If we determine that
we obtained any information to which we were not legally
entitled, whether due to FBI or third-party error, that
information will be sealed, sequestered, and where appropriate,
destroyed. In addition, employee conduct related to these
violations will be reviewed and, if appropriate, employees
will be disciplined.
The OIG report made ten recommendations in response to
its findings, designed to provide both the necessary controls
over the issuance of NSLs and the creation and maintenance
of accurate records. Director Mueller assured the Inspector
General, in a detailed response included in the report,
that the FBI fully supports each recommendation.
The FBI concurs with the Inspector General that, when implemented,
these reforms can improve the accuracy of the reporting of
the use of NSLs and ensure compliance with the requirements
governing their use. Along with those already put in place,
these reforms will ensure full compliance with both the letter
and the spirit of the authorities entrusted to the Bureau,
and will strengthen the process, alleviate concerns, and
ensure the confidence of the Congress and the American public,
while allowing the FBI to continue to protect the nation
from those who would do us harm.
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