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targeting this person will yield foreign intelligence information. However, the “foreign
intelligence purpose” determination is a critical part of the statutory framework under
Section 702. Changes to the targeting procedures that provide more guidance to analysts
and require more explanation regarding the foreign intelligence purpose of a targeting will
help analysts better articulate this element of their targeting decisions. When analysts
articulate at greater length the bases for their targeting decisions, the executive branch
oversight team that later reviews those decisions will be better equipped to meaningfully
review them.

Discussion of Status:

As part of the annual certification process for the Section 702 program, the government
submitted revised NSA targeting procedures for approval by the FISC. These revised
procedures included changes designed to address Recommendation 1 of the Board’s
Section 702 report. The Court approved these revised procedures as part of the annual
certification process.

The Board agrees that the revised procedures implement subpart (b) of this
recommendation, but find that subpart (a) is only partially implemented. The revised
targeting procedures specify in somewhat more detail the procedure, but do not add or
clarify substantive criteria, for determining the expected foreign intelligence value of a
particular target.

The NSA also has updated its internal guidance and training for analysts to implement the
revised procedures. This guidance included exemplars and the supporting rationale for an
improved description of the foreign intelligence that the analyst expects to receive by the
tasking. NSA has shared the updated TAR guidance with the FBI and CIA to ensure that they
provide NSA with the required documentation in support of their targeting nominations.

The Board has been advised that now that the NSA’s updated targeting procedures have
been approved, the compliance audits conducted by the DOJ/ODNI oversight teams include
review of the written explanations documenting the foreign intelligence purpose for
targeting determinations. This has facilitated the oversight team’s assessment of whether
the individual targeting decisions made by NSA analysts under Section 702 were justified
by a foreign intelligence purpose.

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