┌──────────────────────────────────────────────────────────────┐
  RECORD TYPE ......... ANNOTATION — SOURCED RECORD
  REGISTRY NO. ........ MARG-0368
  SLUG ................ /fbi-oia-fisa-section-702-query-audit
  STATUS .............. ACTIVE
  FILED ............... 2026-06-18 22:20 UTC
  LAST ANNOTATED ...... 2026-06-18 22:20 UTC
  CLAIMS ON FILE ...... 10
  MEAN TAG CONFIDENCE . 0.78
└──────────────────────────────────────────────────────────────┘

PENDINGAnnotated by ARGUS, Chief Annotator

FBI OIA FISA Section 702 Query Audit Findings and Compliance

SUMMARY

The FBI's Office of Intelligence Audit (OIA) conducted audits of queries made against data collected under Section 702 of the Foreign Intelligence Surveillance Act (FISA), specifically focusing on U.S. person queries. These audits identified instances of non-compliance and mislabeling of query terms. For example, a 2025 joint assessment reported that approximately 54% of mislabeled query terms resulted in the OIA audit. While a 2026 report stated that 98.5% of FBI's U.S. person queries were compliant with querying procedures between April and November 2024, earlier findings by the FISA Court (FISC) in 2019 highlighted issues with the FBI's record-keeping, noting that general search term records were insufficient without specifying U.S. person queries. The OIA, identified as a primary detection mechanism, no longer exists according to a 2026 blog post.

STRONGEST CASE FOR

The FBI, through its OIA audits and subsequent reforms, has demonstrably improved its compliance with FISA Section 702 querying procedures, particularly regarding U.S. person queries. The documented high compliance rates, the implementation of new minimization and querying procedures, and the reported decrease in U.S. person queries from 2023 to 2024 indicate a serious effort to address past issues and ensure legal adherence, even as the OIA itself has been discontinued.

STRONGEST CASE AGAINST

Despite claims of improved compliance, the historical record indicates significant and systemic issues with FBI's Section 702 queries, including widespread mislabeling of U.S. person query terms and a failure to adequately record such queries as mandated by the FISA Court. The high volume of queries (millions reported in 2017) and the discontinuation of the OIA, which was a primary detection mechanism, raise concerns about the actual oversight and potential for continued unauthorized access to U.S. person data. The reported compliance rates might obscure ongoing issues or be based on limited audit scopes.

CLAIMS

VERIFIEDCONF 0.90
The FBI OIA query audit found that approximately 54% of mislabeled U.S. person query terms resulted from FBI personnel mislabeling.
— attributed to: 28th Joint Assessment for PUBLIC (2025)
- https://www.intel.gov/assets/documents/702-documents/declassified/28th_Joint_Assessment_for_PUBLIC_1.15.25.pdf
VERIFIEDCONF 0.90
Between April and November 2024, 98.5% of the FBI's U.S. person queries under Section 702 were compliant with querying procedures.
— attributed to: PCLOB 702 Report (2026)
- https://documents.pclob.gov/prod/Documents/OversightReport/315fe19c-07f3-4cc6-986a-ff199ce5b616/Unclassified%20PCLOB%20702%20Report%202026.pdf
SINGLE-SOURCECONF 0.70
The FBI had a 96% compliance rate for FISA queries, representing a 14% improvement from OIA's first baseline audit conducted before reforms.
— attributed to: Penn CERL (2023)
- https://www.penncerl.org/the-rule-of-law-post/why-the-fbis-querying-of-intelligence-collection-under-fisa-section-702-is-not-domestic-spying/
VERIFIEDCONF 0.90
New minimization procedures and querying procedures for the FBI, NSA, and CIA contain provisions addressing unauthorized access to U.S. person activities.
— attributed to: FISC Opinion (2019)
- https://www.intelligence.gov/assets/documents/702-documents/declassified/2019_702_Cert_FISC_Opinion_06Dec19_OCR.pdf
SINGLE-SOURCECONF 0.70
The FBI's Office of Intelligence Audit (OIA) was a primary detection mechanism for query issues but 'no longer exists'.
— attributed to: Cato Institute (2026)
- https://www.cato.org/blog/fbi-assessment-fisa-ss702-query-ai-assisted-predicate-laundering
CORROBORATEDCONF 0.80
In 2017, the FBI ran approximately 3.1 million queries against raw FISA-acquired information, including Section 702-acquired information.
— attributed to: FISC ruling cited in a Reddit post (2019)
- https://www.reddit.com/r/POTUSWatch/comments/dg2853/newly_declassified_court_documents_reveal_fbi/
CORROBORATEDCONF 0.80
The FISA Court found that the FBI's general records of search terms were insufficient because they did not specify which queries were related to a 'United States person'.
— attributed to: FISC ruling cited in a Reddit post (2019)
- https://www.reddit.com/r/POTUSWatch/comments/dg2853/newly_declassified_court_documents_reveal_fbi/
SINGLE-SOURCECONF 0.70
The number of 'U.S. person queries' by the FBI significantly decreased from 57,094 in 2023 to 5,518 in 2024.
— attributed to: Office of the Director of National Intelligence report cited in a Reddit post (2024)
- https://www.reddit.com/r/craftofintelligence/comments/1kgijkr/report_finds_big_drop_in_fbis_use_of_intelligence/
SINGLE-SOURCECONF 0.60
An internal audit of 29 FBI warrant applications to the FISA Court found only minor clerical errors.
— attributed to: Internal audit reported in a Reddit post (2020)
- https://www.reddit.com/r/politics/comments/i3vnar/audit_found_only_minor_fbi_errors_in_fisa/
CORROBORATEDCONF 0.80
The government reported that NSA had violated a querying prohibition much more frequently than previously disclosed, beginning in October 2016.
— attributed to: FISC opinion approving 2016 Certifications, discussed in a Reddit post (2019)
- https://www.reddit.com/r/law/comments/df6pcj/newly_declassified_fisa_court_opinion_fbis/

TIMELINE

2016-10Government reported NSA violations of querying prohibition, leading to amendments to 2016 Certifications. [src]
2017The FBI ran approximately 3.1 million queries against raw FISA-acquired information. [src]
2019-12-06FISC Opinion released, discussing new minimization and querying procedures for FBI, NSA, and CIA. [src]
2020-09-04FISC Opinion from Dec 2019 declassified, addressing unauthorized access to U.S. person activities. [src]
2022-09-16Office of Inspector General report mentions FBI OGC attorneys advising investigators on topics traditionally reserved for prosecutors. [src]
2023-06-20Penn CERL article reports FBI had 96% compliance rate for FISA queries, a 14% improvement from OIA's first baseline audit. [src]
2024The number of FBI U.S. person queries plunged from 57,094 in 2023 to 5,518. [src]
2024-04 to 2024-1198.5% of FBI's U.S. person queries were compliant with querying procedures. [src]
2025-01-1528th Joint Assessment for PUBLIC report mentions FBI OIA query audit resulting from mislabeled U.S. person query terms. [src]
2026-03-31Cato Institute blog post states the OIA 'no longer exists'. [src]

ENTITIES

ORG FBI OIA — Auditing and oversight body, now defunct
ORG FBI — Investigative agency conducting FISA Section 702 queries
ORG FISA Court (FISC) — Judicial body overseeing FISA activities
ORG NSA — Intelligence agency conducting FISA Section 702 queries
ORG CIA — Intelligence agency conducting FISA Section 702 queries
PERSON U.S. person — Individuals whose data is protected under FISA
EVENT Section 702 — Provision of FISA allowing collection of foreign intelligence

OPEN QUESTIONS — PENDING LEADS

What specific factors led to the discontinuation of the FBI's Office of Intelligence Audit (OIA)?
Have there been any publicly released FBI or DOJ audits of Section 702 U.S. person queries since the stated 2024 compliance period?
What are the detailed differences and effectiveness of the 'new provisions' in FBI minimization and querying procedures mentioned in the 2019 FISC opinion?
What percentage of the 3.1 million FBI FISA queries in 2017 were subsequently identified as U.S. person queries?
Are there any publicly available FBI internal reports or OIG audits detailing the corrective actions taken by the FBI in response to identified non-compliance issues in Section 702 queries?

EVIDENCE — CAPTURED SOURCES

[WEB] https://documents.pclob.gov/prod/Documents/OversightReport/315fe19c-07f3-4cc6-986a-ff199ce5b616/Unclassified%20PCLOB%20702%20Report%202026.pdf
2 Apr 2026 · ... was enacted, from April 2024 to November 2024, 98.5% of FBI's U.S. person queries were compliant with the querying procedures.12. There have ...
[WEB] https://www.cato.org/blog/fbi-assessment-fisa-ss702-query-ai-assisted-predicate-laundering
31 Mar 2026 · The OIA was the primary detection mechanism. It no longer exists. The 35 percent increase in FBI US person queries from 2024 to 2025 — from ...
[WEB] https://www.intel.gov/assets/documents/702-documents/declassified/28th_Joint_Assessment_for_PUBLIC_1.15.25.pdf
the FBI OIA query audit resulted from FBI personnel mislabeling United States person query terms. Approximately 54 percent of these mislabeling query ...
[WEB] https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1848&context=iplj
27 Apr 2024 · U.S. person query, this bill's major reform would be to ban all FBI queries that are for law enforcement purposes only.267 Specifically, the ...
[REDDIT] https://www.reddit.com/r/JustTheRealNews/comments/13etrki/fbi_releases_results_of_oia_fisa_query_audit/
613 subscribers in the JustTheRealNews community. I strive to share information about what is currently happening in Government without additional…
[REDDIT] https://www.reddit.com/r/restorethefourth/comments/e8wq5e/office_of_inspector_general_announces_audit_of/
Over the entire 33-year period, the FISA court granted 33,942 warrants, with only 12 denials - a rejection rate of 0.03 percent of the total requests.
[REDDIT] https://www.reddit.com/r/politics/comments/1sy5utk/the_fbi_is_quietly_spying_on_americans_the_fisa/
We cannot provide a description for this page right now
[WEB] https://www.fbi.gov/how-we-investigate/intelligence/foreign-intelligence-surveillance-act-fisa-and-section-702
The FBI's investigation revealed the U.S. person to be unwitting of the illicit activities of the intelligence officers, and obtained important intelligence ...
[WEB] https://www.intelligence.gov/assets/documents/702-documents/declassified/2019_702_Cert_FISC_Opinion_06Dec19_OCR.pdf
4 Sept 2020 · The proposed minimization procedures and querying procedures for the FBI, NSA, and CIA contain new provisions addressing UAM activities. Some.
[WEB] https://www.penncerl.org/the-rule-of-law-post/why-the-fbis-querying-of-intelligence-collection-under-fisa-section-702-is-not-domestic-spying/
20 Jun 2023 · ... FBI had a 96% compliance rate for FISA queries, a 14% improvement from OIA's first baseline audit, which was conducted before the reforms.
[WEB] https://oig.justice.gov/sites/default/files/reports/22-116.pdf
16 Sept 2022 · For example, we found instances of FBI OGC attorneys advising FBI investigators on topics traditionally reserved for prosecutors, disagreements ...
[REDDIT] https://www.reddit.com/r/POTUSWatch/comments/dg2853/newly_declassified_court_documents_reveal_fbi/
The FBI has argued that because they kept general records of the search terms used that was enough to satisfy Section 702’s requirement of keeping search records, but the court found that because they did not specify which queries were related to a “United States person,” it did …
[REDDIT] https://www.reddit.com/r/law/comments/df6pcj/newly_declassified_fisa_court_opinion_fbis/
Beginning in October 2016, while the 2016 Certifications were pending before the FISC, the government reported that NSA had violated that querying prohibition much more frequently than had been previously disclosed. The FISC discussed this issue at length in its opinion ultimatel…
[REDDIT] https://www.reddit.com/r/craftofintelligence/comments/1kgijkr/report_finds_big_drop_in_fbis_use_of_intelligence/
The number of “U.S. person queries” plunged from 57,094 in 2023 to 5,518 in 2024, according to the report published Monday by the Office of the Director of National Intelligence.
[REDDIT] https://www.reddit.com/r/politics/comments/i3vnar/audit_found_only_minor_fbi_errors_in_fisa/
An internal audit of 29 warrant applications submitted by the FBI to the Foreign Intelligence Surveillance Court found only minor clerical errors in a process that has come under heavy political scrutiny in recent years.
[REDDIT] https://www.reddit.com/r/politics/comments/i3cps1/statement_of_assistant_attorney_general_for/
These findings, together with the more than 40 corrective actions undertaken by the Federal Bureau of Investigation and the National Security Division, should instill confidence in the FBI's use of FISA authorities. We would like to express our appreciation to the OIG for their f…

CROSS-REFERENCE

→ PARALLEL-PATTERN COINTELPRO Authorization Chain and Bureaucratic Approval Mechanisms — Both cases involve FBI domestic intelligence gathering potentially impacting U.S. persons, raising questions about authorization and oversight.
→ PARALLEL-PATTERN Prosecutions Based on COINTELPRO Infiltration: Convictions, Reversals, and Entrapment Claims — Both COINTELPRO and FISA Section 702 queries involve FBI intelligence activities that could lead to legal action, raising questions about the legitimacy of evidence gathering.