September 29, 2023
In accordance with the Principles of Intelligence Transparency for the Intelligence Community, the Office of the Director of National Intelligence (ODNI), in consultation with the Department of Justice (DOJ), is making publicly available, with redactions, the 25th and 26th Semiannual Assessments of Compliance with Procedures and Guidelines Issued Pursuant to Section 702 of the Foreign Intelligence Surveillance Act (“Joint Assessments”) submitted by the Attorney General and the Director of National Intelligence (DNI). These Joint Assessments cover the periods of 1 June 2020 through 31 May 2021.
Section 702(m) of the Foreign Intelligence Surveillance Act of 1978, as amended, requires the Attorney General and the DNI to assess the Government’s compliance with the Section 702 targeting, minimization, and querying procedures, as well as the Attorney General’s Section 702 Acquisition Guidelines, at least once every six months. A joint team of experts from the DOJ National Security Division and ODNI conduct regular assessments to review compliance and evaluate how agencies that receive unminimized Section 702 collection implement the authority.
DOJ and ODNI submit their assessments to the Foreign Intelligence Surveillance Court (FISC), relevant congressional committees, and the Privacy and Civil Liberties Oversight Board semi-annually through the Joint Assessments. The Joint Assessments describe how those agencies that receive unminimized information acquired under Section 702—the National Security Agency (NSA), Federal Bureau of Investigation (FBI), Central Intelligence Agency (CIA), and National Counterterrorism Center (NCTC)—implement their authority under Section 702, including agencies’ internal compliance efforts, training efforts, and responsive actions to prevent recurrence of compliance issues. The Joint Assessments also include metrics and narratives describing the Government’s compliance with Attorney General Guidelines and with FISC-approved targeting, minimization, and querying procedures.
DOJ and ODNI assessed that NSA, FBI, CIA, and NCTC continued to implement the Section 702 procedures and follow the relevant guidelines in a manner that generally reflects a focused and concerted effort by agency personnel to comply with the requirements of Section 702.
Due to the effects of the coronavirus pandemic, DOJ and ODNI note that caution is warranted when drawing conclusions regarding some of the compliance trends from the 25th and 26th Joint Assessments. While the total number of reported compliance incidents decreased significantly, the joint oversight team was not able to determine to what extent the decrease reflects changes in the number of compliance incidents that occurred—whether as a result of the coronavirus pandemic or other factors—as opposed to difficulties in discovering and reporting compliance incidents as a result of the pandemic. For example, while the number of NSA targeting compliance incidents fell sharply, most of the NSA targeting decisions covered by the 25th and 26th Joint Assessments occurred during the pandemic. If a Section 702 target travels to the United States, NSA must detask—or stop collection on—that target while the target is in the United States. Reduced travel during the pandemic likely resulted in fewer Section 702 targets traveling to the United States, thus reducing the likelihood that detasking delays would occur as a result of such travel.
Similarly, while the number of FBI querying incidents reported in the 25th and 26th Joint Assessments was significantly lower than pre-pandemic, the decline may be attributable to difficulties in discovering and reporting querying compliance incidents. FBI field office reviews have been responsible for discovering a significant portion of FBI querying incidents. DOJ suspended its reviews at FBI field offices for eight of the 12 months covered by the 25th and 26th Joint Assessments and was able to conduct only four query audits of FBI field offices during this time. By contrast, DOJ conducted query audits of 27 FBI field offices in 2019 and 29 FBI field offices in 2018.
Additionally, the FBI querying compliance incidents discussed in these Joint Assessments occurred prior to the corrective measures FBI implemented in mid-2021 and 2022. Thus, these Joint Assessments do not reflect the effects of FBI’s corrective measures.
The 25th and 26th Joint Assessments are posted in full-text searchable format on Intel.gov.