[Infowarrior] - DOJ Report on National Security Oversight Initiative

[Richard Forno]

Department of Justice SealDepartment of Justice
FOR IMMEDIATE RELEASE
Thursday, July 31, 2008
WWW.USDOJ.GOV
NSD
(202) 514-2007
TDD (202) 514-1888

http://www.usdoj.gov/opa/pr/2008/July/08-nsd-678.html

One Year Progress Report: the Department’s Comprehensive National  
Security Oversight Initiative

One year ago, the Justice Department’s National Security Division  
(NSD) announced the launch of a significant new national security  
oversight initiative to meet its increasing responsibilities in  
conducting oversight of the intelligence activities of the FBI and, as  
appropriate, other intelligence agencies.

Since the launch of the initiative, the Department has dramatically  
broadened the scope of its national security oversight role. In the  
past, the Department’s oversight efforts were primarily focused on  
overseeing the FBI’s use of authorities under the Foreign Intelligence  
Surveillance Act (FISA). Now, Justice Department attorneys, in  
conjunction with FBI attorneys, are examining all aspects of the FBI’s  
national security investigations for adherence to applicable laws,  
regulations, and guidelines. This initiative builds on prior  
Departmental improvements in national security oversight, including  
the September 2006 creation of the NSD itself.

One of the key components of this initiative is a new Oversight  
Section within the NSD’s Office of Intelligence that is specifically  
dedicated to ensuring that national security investigations comply  
with the nation’s laws, regulations and policies, including those  
designed to protect privacy interests and civil liberties. This  
section is fully staffed and operational. It is supervised by an  
experienced leadership team, which reports directly to the Deputy  
Assistant Attorney General for the Office of Intelligence within NSD.

“The National Security Division plays a vital role in ensuring that  
national security investigations are conducted properly and with  
respect for the civil liberties and privacy interests of Americans,”  
said Matt Olsen, Deputy Assistant Attorney General for the Office of  
Intelligence. “Our enhanced oversight efforts over the past year  
represent a solid foundation from which we will continue to build as  
we work with the FBI and other intelligence agencies to achieve this  
goal.”

Some of the oversight activities undertaken by the NSD in the past  
year, as well as those to be undertaken in the future, include:

Comprehensive National Security Reviews

Last year, the Department for the first time began conducting regular,  
comprehensive reviews of national security activities at FBI field  
offices around the country and at FBI Headquarters national security  
units.

These National Security Reviews, which started in April 2007, are  
staffed by career attorneys from the NSD and the FBI’s Office of  
General Counsel, and the findings are reviewed by officials from the  
Department’s Privacy and Civil Liberties Office.

These reviews examine, among other things, the FBI’s use of National  
Security Letters to ensure compliance with applicable laws, guidelines  
and policies. They also examine FBI national security investigation  
case files to ensure, among other things, that there is sufficient  
predication to support the investigations; that the cases are  
authorized by appropriate personnel; and that notices of the  
investigations are properly provided to the National Security Division.

During 2007, the Department conducted 15 National Security Reviews at  
FBI offices around the country, as well as at FBI headquarters. Thus  
far this year, the Department has completed another eight National  
Security Reviews, and plans to complete a total of 17 reviews by the  
end of 2008.

Earlier this year, the Justice Department’s Office of Inspector  
General (OIG) concluded that the Justice Department and FBI had made  
“significant progress” in improving oversight of the FBI’s use of  
National Security Letters since problems in the use of these letters  
were first reported by the OIG in March 2007. Among other oversight  
actions, the OIG noted the new National Security Reviews undertaken by  
the Department.

Oversight of the New FISA Amendments Act

With the recent enactment of the FISA Amendments Act of 2008, NSD’s  
Oversight Section is now charged with additional oversight  
responsibilities regarding the use of the new FISA provisions. The  
FISA Amendments Act provides for oversight both within the Executive  
Branch, including by Department of Justice and Intelligence Community  
Inspectors General, and by Congress and the FISA Court.

Specifically, the new law provides for targeting non-U.S. persons  
overseas to acquire foreign intelligence information, subject to  
specific targeting and minimization procedures that are reviewed by  
the FISA Court.  The law requires the Attorney General and the  
Director of National Intelligence to assess compliance with those  
procedures every six months and to submit an assessment to the FISA  
Court and to Congress.  The NSD’s Oversight Section will be  
responsible for preparing these compliance assessments.

The Oversight Section will also have responsibility for satisfying the  
Department’s new Congressional reporting requirements under the FISA  
Amendments Act.  Those requirements include reporting every six months  
concerning the implementation of the FISA amendments as well as other  
FISA-authorized activities and significant judicial decisions  
regarding FISA.

Protect America Act Oversight

  In August 2007, the President signed the Protect America Act of  
2007, which amended FISA, and which ultimately expired in February  
2008. The National Security Division shared in the responsibility for  
overseeing the implementation of the law, and, in so doing, helped to  
create a strong, internal oversight regime that exceeded the  
requirements of the statute.

  For example, within 14 days of initiation of collection under the  
Protect America Act, the NSD, in conjunction with the Office of the  
Director of National Intelligence (ODNI), conducted a review of each  
agency’s use of such authorities. These reviews assessed the agencies’  
compliance with the requirements of the Protect America Act, including  
the procedures by which the agencies ensured that surveillance  
activities were targeting persons reasonably believed to be located  
outside the United States.

  The NSD and the ODNI have conducted more than 30 reviews to ensure  
continued compliance with the Protect America Act. As part of this  
effort, the NSD worked closely with other representatives from the  
intelligence community to ensure that Congress was briefed on the  
first and subsequent compliance reviews, as well as many other aspects  
involving implementation of the Protect America Act.

FISA Minimization and Accuracy Reviews

  The Oversight Section also regularly conducts reviews in FBI field  
offices to ensure compliance with minimization requirements ordered by  
the FISA Court and to ensure the factual accuracy of applications  
submitted to the FISA Court.

  Orders issued by the FISA Court direct the government to follow  
minimization procedures. These procedures are designed to minimize the  
acquisition, retention, and dissemination of information concerning  
U.S. persons.

  Attorneys from the Oversight Section conduct minimization reviews to  
assess whether the results of FISA surveillance and searches have been  
minimized in accordance with applicable minimization procedures. The  
attorneys also conduct line-by-line accuracy reviews of selected  
applications presented to the FISA Court to ensure that the FBI  
possesses supporting documentation for the facts asserted in the  
application.

  During 2007, the Oversight Section conducted 34 minimization  
reviews, up from 23 conducted in 2006. The Oversight Section also  
conducted 54 accuracy reviews in 2007, an increase of more than 30  
percent from the prior year.

Reviews of Intelligence Oversight Board Referrals

As directed by the Attorney General in March 2007, the Oversight  
Section also reviews all referrals by the FBI to the President’s  
Intelligence Oversight Board (IOB). An FBI referral to the IOB  
generally arises from improper utilization of authorities under FISA;  
failure to adhere to Attorney General Guidelines or implementing FBI  
authority; or improper utilization of authorities involving national  
security letters.

The Oversight Section reviews these referrals to detect patterns of  
conduct that may require changes in policy, training, or oversight.  
Twice a year, the Oversight Section also reports to the Attorney  
General on such referrals and informs the Department's Chief Privacy  
and Civil Liberties Officer of any referrals that raise serious civil  
liberties or privacy issues.

Reviews of FBI National Security Undercover Operations

  The National Security Division also reviews FBI undercover  
operations in the national security arena. Pursuant to statute,  
certain FBI undercover activities are subject to review and approval  
within the Department.  The NSD plays an integral role in reviewing  
these activities prior to approval.



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