Order

Misc. 19-02Fisc

Full text

•Wl'l~ls:li~IW'IIfilll'li03a OFFZCI AI I WQ lii'fkH )( 	JUN 2 3 2020
UNITED STATES LeeAnn flynn Hall, Clerk of Court
FOREIGN INTELLIGENCE SURVEILLANCE COURT
WASHINGTON~ D.C.
IN RE ACCURACY CONCERNS REGARDING FBI 	Docket No. Misc. 19~02
MATTERS SUBMITTED TO THE FISC
ORDER
On May 29~ 2020, the government filed in this docket a letter that provided an update
regarding the development and implementation of technological improvements to the process of
preparing FISA applications and verifying information contained therein. By prior order in this
docket. the government is obligated to submit such updates at 30Mday intervals. See Corrected
Opinion and Order at 17 (March 5, 2020). The government reported that the FBl is transitioning
to a new platform to manage the relevant workflow processes, but the new platform is not
expected to replace the current one "until at least the end of the fourth quarter of fiscal year
2021," !,&, September 30, 2021. ~ May 29, 2020, Letter at 1~2.
On June 4, 2020~ the government submitted in this docket a Motion to Modify Reporting
Period, so that the next such update would be due on August 31, 2020, with subsequent updates
due at 90-day intervals thereafter until the relevant improvements have been fully implemented.
In support of that motion, the government notes that the FBI's "development teams review
requirements, and receive authorization from operational personnel to implement those
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requirements, on a quartet'ly basis," which it believes is more conducive to 90-day reporting
intervals than 30-day ones. See June 4, 2020, Motion at 3.
The government has marked the May 29, 2020, Letter and the June 4, 2020, Motion as
"UNCLASSIFIED//FOR OFFICIAL USE ONLY." This Order is provisionally marked in the
same manner because it contains information from those documents.
(I) As the Court finds good cause to modify the above-described reporting requirement in
. the manner requested by the government, IT IS HEREBY ORDERED THAT the next such.
report shall be submitted by the government no later than August 31, 2020, and subsequent
reports shall be submitted at intervals of no more than 90 days thereafter, until the technological
improvements to the FBI's processes of preparing FISA applications and verifying the
information contained therein have been fully implemented;
(2) In order for the public to be better informed about the government's efforts to improve
the accuracy and completeness ofFISA appl~cations, IT IS FURTHER ORDERED THAT, by
July 15, 2020, the government shall submit to the Court copies of the May 29, 2020, Letter, the
June 4, 2020, Motion, and this Order that are suitable for public release, including any redactions
the government believes are necessary. If applicable, the submission shall also include a written
explanation of why redactions are necessary; and
(3) In order to guard against inadvertent release of information that the government
believes should not be made available to the public, IT IS FURTHER ORDERED THAT all
future submissions by the govemment in this docket that contain classified, (4Law Enforcement
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Sensitive" or "For Official Use Only" infotmation shall have (a) markings on the top and bottom
of each page that in~icate the classification level, compartments, and/or other restrictions
applicable to the entire document (including any attachments) and (b) separate markings of each
paragraph or similar portion that indicate the classification level, compartments, and/or other
restrictions applicable to that part of the document.
SO ORDERED.
Entered this,Z[~ay of June, 2020 ..
3
I, 	Ctllai LJ~)Ul}l Ctarll,
FISC, certify that this document I$ a true
ando 	t h 	I lnal.	f ~ • 	• 	!

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