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Recommendation 10: Inform the PCLOB of FISA Activities and Provide
Relevant Congressional Reports and FISC Decisions

Status:

Being implemented
Text of the Board’s Recommendation:

The Attorney General should fully inform the PCLOB of the government’s activities under
FISA and provide the PCLOB with copies of the detailed reports submitted under FISA to
the specified committees of Congress. This should include providing the PCLOB with copies
of the FISC decisions required to be produced under Section 601(a)(5) [of FISA].

Explanation for the Recommendation:

Beyond public reporting, FISA requires the Attorney General to “fully inform” the Senate
and House intelligence and judiciary committees regarding the government’s activities
under certain sections of FISA, including Section 215. FISA also requires the government to
provide the congressional committees with copies of “all decisions, orders, or opinions” of
the FISC or FISCR that include “significant construction or interpretation” of the provisions
of FISA. These two reporting requirements facilitate congressional oversight. The Board
urges the government to extend this complete reporting to the PCLOB as well, to facilitate
the Board’s oversight role.
Discussion of Status:

The Intelligence Community and the Justice Department have provided the PCLOB with
many of the congressional reports and FISC decisions described above. Although not all
such documents have yet been provided, the Intelligence Community and the Justice
Department have also taken steps to implement a standing production system, under
which documents submitted to Congress will be routinely provided to PCLOB as well. The
Justice Department made the first production to PCLOB in what has been represented to be
a new standing production system in January 2016.

Recommendation 11: Begin to Develop Principles for Transparency

Status:

Implemented
Text of the Board’s Recommendation:

The Board urges the government to begin developing principles and criteria for
transparency.

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