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9 11 Commission Report — Part 3
Page 78
78 / 81
Self-Regulation and Enforcement:
MISC Doc. #5
+ Attorney General’s Crimes Guidelines—The Attorney General's Guidelines on
General Crimes, Racketeering Enterprise and Terrorism Enterprise Investigations
(General Crimes Guidelines) have been in effect, in one form or another, since the
mid-1970's. These Guidelines govern all investigations by the FBI of crimes and
crme-related activities. They set forth the standards and requirements under which
an investigation may be initiated, and they define the permissible scope. duration,
subject matters, and objectives of an FBI cnminal investigation. They are designed
to provide Special Agents with a framework that maintains the proper balance between
the public's need for effective law enforcement and terronsm prevention, on the one
hand, and the preservation of individual rights and liberties, on the other Among the
provisions that specifically serve to protect individual rights are the following 1) the
prohibition against initiating investigations directed solely at the exercise of First
Amendment rights or other constitutionally protected activity; and 2) the requirement
that agents consider using the least intrusive method necessary to achieve their
investigative goals In short, the Guidelines translate the Department's respect for
individual nghts and liberties into practical policy, and thereby prevent investigative
abuses
Attorney General’s National Security/Foreign Intelligence Guidelines—The
Attorney General’s Guidelines for FBI National Security Investigations and Foreign
intelligence Collection (National Secunty Guidelines) were first issued in 1976, and
recently updated in October 2003. These classified guidelines govern the manner
in which the FBI conducts its counterintelligence investigations — those investigations
that focus on protecting the US from external threats. The National Security Guidelines,
like the domestic General Crimes Guidelines, were designed to maintain the proper .
balance between the public’s need for effective counterintelligence and the imperative
to respect and protect individual rights. The National Security Guidelines contain a
number of provisions designed to ensure that individual rights and liberties will be
protected, such as the prohibition on investigations of First Amendment activities and
the rule that a U.S. person may be the subject of a counterintelligence investigation
only if circumstances indicate that he or she might be acting for or on behalf of a
foreign power.
Internal Enforcement—The FBI's Office of Professional Responsibility and the DOJ's
Office of the Inspector General investigate allegations of misconduct.
Internal Safeguards—Interral safeguards include the Privacy Council, which reviews
the plans of any record system that is proposed within the FBI for compliance with
the Privacy Act and related privacy policies, and the Criminal Undercover Operations
Review Committee, which 1s comprised of senior DOJ and FBI officials and reviews
all proposed undercover operations that involve sensitive circumstances. There also
is a Criminal Informant Review Committee, comprised of senior FBI and DOJ officials,
which provides oversight over severai categories of human sources, such as high-
level criminal informants and long-term sources
72 000000431
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