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served without difficulty because there is less likelihood that foreign intelligence information that needs to be disseminated to analysts and policymakers will contain information concerning USS.
persons.
Dissemination of information concerning United States persons
is strictly controlled and receives close scrutiny. When information
concerning United States persons is disseminated, it is usually
done without providing the person’s identity. Government agencies
may request a deleted identity but must provide an explanation of
need for that identity. These requests are reviewed by several organizational echelons,

including the NSA

Office of General

Counsel,

to assure that, in light of the explanation, NSA may release the
identity consistent with the criteria in the minimization procedures. Such releases must be approved by the Deputy Director for
Operations, or if the dissemination is for law enforcement purposes, by the Director of NSA.
The FBI is the domestic counterintelligence arm of the U'S. intelligence community.

Thus, unlike NSA,

its FISA targets often in-

volve U.S. persons and its minimization procedures are accordingly
geared to this greater degree of involvement with U.S. persons.
Minimization in regard to FBI conducted surveillance begins at
the earliest step of the interception process by the individuals who
actually listen to the surveillance contemporaneously or listen to
tapes of automatically acquired information.

called surveillance monitors.
The monitors enter into a surveillance

These

individuals are

log book

summaries

of

those conversations that, in the opinion of the monitor, contain rel-

evant foreign intelligence information. Information that is not
logged is not retrievable at a later time. Information that is logged
must be both “foreign intelligence information” as defined in the
FISA, and relevant to the purpose of the surveillance. Monitors receive extensive training, both at FBI Headquarters and in the field,
on the minimization process. In addition, they are in constant contact with the FBI Special Agent assigned to each surveillance.
Each Agent receives detailed instruction on the minimization process and undergoes periodic in-service training. The case Agents are
thus in a position to advise the monitors
not foreign intelligence information and
gence information should be logged.

both as to what is or is
on what foreign intelli-

The surveillance logs are regularly forwarded to the case Agent
or to FBI Headquarters, depending on the circumstances. It is at
such a supervisory level that minimization of retention and dissemination, as set out in the procedures, is conducted.

The Office of Intelligence Policy and Review (OIPR) of the De-

partment

of Justice oversees

the minimization

process

engaged

in

by the NSA and the FBI.
The NSA minimization procedures focus primarily on retention
and dissemination of information identifying U.S. persons. NSA retains records of information

disseminated

and periodically (and in

all cases, at least once a year) attorneys from OIPR visit NSA to
review these records on a random selection basis. In unusual cases,
NSA attorneys consult with OIPR prior to a proposed dissemination where there is a question of compliance with the minimization
procedures.

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