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9 11 Commission Report — Part 3
Page 77
77 / 81
The reason for this strict adherence to civil liberties lies in the regime of oversight, legal
limitations and self-reguiation that governs our investigative activities within the US. This regime
's comprehensive, and It nas many facets, including the following.
Statutory Limitations:
The following statutes, among others, help to guarantee that the Bureau's operations remain
clearly within the bounds of the Constitution and of propriety.
* The Foreign Intelligence Surveillance Act of 1978—This law established a process
for obtaining Judicial approval of electronic surveillance and physical searches for the
purpose of collecting foreign intelligence information.
* The Whistleblower Protection Acts of 1989 and 1998—These laws protect
whistleblowers from retaliation
* The Freedom of Information Act of 1966—This law provides the public with effective
access to ail FBI documents not covered by a specific statutory exemption.
* The Privacy Act of 1974—This law forbids the FBI and other federal! agencies fram
collecting information about how individuals exercise their First Amendment rights,
unless that collection is expressly authorized by statute or by the individual, or is
pertinent to and within the scope of an authorized law enforcement activity.
Oversight Mechanisms:
+ Congressional Oversight—Commnittees of the U.S. Congress, primarily the House
and Senate Judiciary, intelligence, Appropriations, and Government
Reform/Governmental Affairs Committees, have broad oversight authority over the
FBI. These committees — along with others — exercise regular, vigorous oversight
into all aspects of the FBI's operations. This oversight has significantly increased in
breadth and intensity since the 1970's, and it provides important additional assurance
that the FBI conducts its investigations in accordance with the law and the Constitution.
Counterintelligence Oversight—The FBI's counterintelligence operations are subject
to significant outside oversight beyond that conducted by Congress. DOJ’s Office of
intelligence Policy and Review, which was established in 1981 as required by Executive
Order 12333, monitors intelligence and counterintelligence investigations conducted
by U.S intelligence agencies and provides Congress a series of semi-annual reports
on various aspects of the FBI's countenntelligence operations. The FBI also is subject
to oversight by the Intelligence Oversight Board Established in 1993, the Intelligence
Oversight Board 1s comprised of four members appointed from the membership of
the President's Foreign Intelligence Advisory Board. Among its other responsibilities,
the Intelligence Oversight Board reviews ail violations of national security law, Executive
Order or Presidential Decision Directive by the FB! and the other intelligence agencies,
and issues reports thereon to the President and the Attorney General
PMISC DOC. #5 71 000000410
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