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U.S. Department of Justice
Office of Legislative Affairs
Office of the Assistant Attorney General
Washington, DC 20530
April 28, 2006
The Honorable J. Dennis Hastert
Speaker
United States House of Representatives
Washington, DC 20515
Dear Mr. Speaker:
This report is submitted pursuant to Sections 1807 and 1862
of the Foreign Intelligence Surveillance Act of 1978 (the "Act"),
as amended, and Sections 106 and 118 of USA PATRIOT Improvement
and Reauthorization Act, Pub. L. No. 109-177 (2006). In
accordance with those provisions, this reports covers: all
applications made by the Government during calendar year 2005 for
authority to conduct electronic surveillance and physical search
for foreign intelligence purposes under the Act; all applications
made by the Government during calendar year 2005 for access to
certain business records (including the production of tangible
things) for foreign intelligence purposes; and all requests made
by the Government during calendar year 2005 for certain
information concerning different United States persons pursuant
to National Security Letters.
Applications for Electronic Surveillance and Physical Search
Made During Calendar Year 2005 (50 U.S.C. 5 1807)
During calendar year 2005, the Government made 2,074
applications to the Foreign Intelligence Surveillance Court
(hereinafter "FISC") for authority to conduct electronic
surveillance and physical search for foreign intelligence
purposes. The 2,074 applications include applications made
solely for electronic surveillance, applications made solely for
physical search, and combined applications requesting authority
for electronic surveillance and physical search simultaneously.
Two of the 2,074 applications made during calendar year 2005 were
withdrawn by the Government prior to the FISC ruling on them.
The Government later resubmitted one of the withdrawn
applications as a new application, which was approved by the
FISC.
During calendar year 2005, the FISC approved 2,072
applications for authority to conduct electronic surveillance and
physical search. The FISC made substantive modifications to the
Government's proposed orders in 61 of those applications. The
FISC did not deny, in whole or in part, any application filed by
the Government during calendar year 2005.
Applications for Access to Certain Business Records
(Including the Production of Tangible Things) Made During
Calendar Year 2005 (50 U.S.C. § 1862(c) (2))
During calendar year 2005, the Government made 155
applications to the FISC for access to certain business records
(including the production of tangible things) for foreign
intelligence purposes. None of the 155 applications made during
calendar year 2005 were withdrawn by the Government prior to the
FISC ruling on them.
During calendar year 2005, the FISC approved 155
applications for access to certain business records (including
the production of tangible things). The FISC made substantive
modifications to the Government's proposed orders in two of those
applications. The FISC did not deny, in whole or in part, any
application filed by the Government during calendar year 2005.
In his April 4, 2005 testimony before the Senate Judiciary
Committee, Attorney General Gonzales noted that the Justice
Department was increasingly using business records orders to
obtain subscriber information, such as names and addresses, for
telephone numbers captured through court-ordered pen register or
trap and trace devices. This information is routinely obtained
in criminal investigations. The use of business records requests
in conjunction with pen register applications accounts for much
of the increase in the number of business records orders reported
here as compared to statistics previously made public. Section
128 of the USA PATRIOT Improvement and Reauthorization Act
specifically amended the pen register provisions of the FISA
statute (50 U.S.C. § 1842) to authorize the disclosure of
subscriber information in connection with such court-authorized
collection. We expect that this new provision will result in a
decrease in the number of requests for business records orders
that are reported in the future.
Requests Made for Certain Information Concerning Different
United States Persons Pursuant to National Security Letters
During Calendar Year 2005 (USA PATRIOT Improvement and
Reauthorization Act, Pub. L. No. 109-177, § 118 (2006))
During calendar year 2005, the Government made requests for
certain information concerning 3,501 different United States
persons pursuant to National Security Letters (NSLs). During this
time frame, the total number of NSL requests (excluding NSLs for
subscriber information) for information concerning U.S. persons
totaled 9,254. In other words, there were 3,501 different U.S.
persons involved in the total of 9,254 NSLs that related to U.S.
persons.
These totals reflects the Government's good-faith effort to
provide the most accurate numbers possible. However, because of
a number of factors (for example, if a targeted individual's name
has more than one variant (e.g., John Doe and Johnny Doe) or the
target uses one or more aliases), it is possible that despite
this effort, the total number reported above could include
instances in which one targeted individual was counted more than
once. In addition, four statutes authorize the FBI's use of
NSLs. The FBI traditionally has tracked NSL totals separately
within each category and does not cross-reference these
categories so as to separately determine the total number of NSLs
for an individual U.S. person. As a result, it is possible that,
despite the best efforts of FBI personnel, the total number
reported here could include circumstances in which one person is
counted multiple times.
A similar letter has been sent to the Minority Leader, the
Honorable Nancy Pelosi.
Sincerely,
William E. Moschella
Assistant Attorney General