Recommendations

We recommend that the FBI institute a requirement that it, in coordination with NSD, systematically and regularly examine the results of past and future accuracy reviews to identify patterns or trends in identified errors so that the FBI can enhance training to improve agents’ performance in completing the Woods Procedures, or improve policies to help ensure the accuracy of FISA applications.

We recommend that the FBI perform a physical inventory to ensure that Woods Files exist for every FISA application submitted to the FISC in all pending investigations.

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We provided a draft of this advisory memorandum to the FBI, and the FBI’s response can be found in Attachment 1. We intend to work with the FBI throughout our ongoing audit of the FBI’s execution of its Woods Procedures to monitor actions taken in response to the recommendations in this memorandum.

Attachment

cc: Honorable William P. Barr Attorney General

Honorable Jeffrey Rosen Deputy Attorney General

William Levi

Chief of Staff

Office of the Attorney General

Bradley Weinsheimer

Associate Deputy Attorney General

Jarad Hodes

Senior Counsel to the Deputy Attorney General

Honorable John C. Demers Assistant Attorney General National Security Division

Patrick Findlay

Special Counsel

National Security Division

Paul B. Murphy

Chief of Staff

Federal Bureau of Investigation

Douglas A. Leff

Assistant Director

Inspection Division

Federal Bureau of Investigation

Scott B. Cheney

Deputy Assistant Director Inspection Division

Federal Bureau of Investigation

Thomas G. Seiler

Acting Section Chief

External Audit and Compliance Section Inspection Division

Federal Bureau of Investigation

Louise Duhamel

Acting Assistant Director

Audit Liaison Group

Internal Review and Evaluation Office Justice Management Division

DOJ OIG Issues Report on Activities Under Section 702 of the FISA Amendments Act of 2008

Inspector General Michael E. Horowitz of the United States Department of Justice Office of the Inspector General (OIG) recently issued a report examining the activities of the Federal Bureau of Investigation (FBI) under Section 702 of the Foreign Intelligence Surveillance Act Amendments Act of 2008 (Act). Section 702 authorizes the targeting of non-U.S. persons reasonably believed to be outside the United States for the purpose of acquiring foreign intelligence information. The Act required that the Inspector General conduct a review of the Department’s role in this process and, in conjunction with this review, the OIG reviewed the number of disseminated FBI intelligence reports containing a reference to a U.S. person identity, the number of U.S. person identities subsequently disseminated in response to requests for identities not referred to by name or title in the original reporting, the number of targets later determined to be located in the United States, and whether communications of such targets were reviewed. See 50 U.S.C. 1881a(l)(2)(B) and (C). The OIG also reviewed the FBI’s compliance with the targeting and minimization procedures required under the Act.

The final report has been issued and delivered to the relevant Congressional oversight and intelligence committees, as well as leadership offices. Because the report is classified, its contents cannot be disclosed to the public.