One Year Progress Report: The Justice Department's Comprehensive National Security...

One Year Progress Report: The Justice Department's Comprehensive National
Security Oversight Initiative

WASHINGTON, July 31 /PRNewswire-USNewswire/ -- 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.

SOURCE U.S. Department of Justice

U.S. Department of Justice Office of Public Affairs, +1-202-514-2007, TDD,
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