well, of course they did

FBI underreported use of Patriot Act- in fact- a new york federal appeals court judge said this:

'A federal appeals judge in New York warned in May that government's ability to force companies to turn over information about its customers and keep quiet about it was probably unconstitutional.'

why? because of this:

'The FBI in 2005 reported to Congress that its agents had delivered a total of 9,254 national security letters seeking e-mail, telephone or financial information on 3,501 U.S. citizens and legal residents over the previous two years. Justice Department Inspector General Glenn A. Fine's report says that number was underreported by 20 percent, according to the officials.'

'Fine conducted the audit as required by Congress and over the objections (emphasis mine) of the Bush administration.'

yeah- i'll bet.