Unclassified Report On The President's Surveillance Program

10 July 2009

Preface

(U) Title III of the Foreign Intelligence Surveillance Act Amendments Act of 2008 required the Inspectors General (IGs) of the elements of the Intelligence Community that participated in the President's Surveillance Program (PSP) to conduct a comprehensive review of the program. The IGs of the Department of Justice, the Department of Defense, the Central Intelligence Agency, the National Security Agency, and the Office of the Director of National Intelligence participated in the review required under the Act. The Act required the IGs to submit a comprehensive report on the review to the Senate Select Committee on Intelligence, the Senate Committee on the Judiciary, the House Permanent Select Committee on Intelligence, and the House Committee on the Judiciary.

(U) In response to Title III requirements, we have prepared this unclassified report on the PSP, which summarizes the collective results of our reviews. Because many aspects of the PSP remain classified, and in order to provide the Congressional committees the complete results of our reviews, we also prepared, and have bound separately, a classified report on the PSP. The individual reports detailing the results of each IG's review are annexes to the classified report.

I. INTRODUCTION

A. Scope of Report
B. Methodology of this Review

A. Expansion of NSA's Collection Activities
B. Presidential Authorization of the PSP
C. Threat Assessment Memoranda Supporting Authorization of the PSP
D. Department of Justice Office of Legal Counsel's Early Memoranda Supporting the Legality of the PSP

A. NSA Intelligence Activities under the PSP
B. Access to the PSP
1. Executive Branch Personnel
2. Congressional Briefings
3. Foreign Intelligence Surveillance Court Briefings
4. FBI Participation in the PSP
5. CIA Participation in the PSP
6. ODNI Participation in the PSP
C. Impact of PSP-Derived Information on the FISA Process
D. Discovery Issues

A. Justice Department Attorneys Become Concerned About the Legality of Some Activities under the PSP
B. OLC Begins Developing a New Legal Analysis for the PSP
C. DOJ Officials Convey Concerns to the White House
D. Conflict Between DOJ and the White House
E. White House Counsel Certifies Presidential Authorization Without Department of Justice Concurrence
F. Department of Justice and FBI Officials Consider Resigning
G. White House Agrees to Modify the PSP
H. Department of Justice OIG Conclusions

A. NSA's Assessment of the PSP
B. DOJ OIG's Assessment of the PSP
C. CIA OIG's Assessment of the PSP
D. ODNI's Assessment of the PSP
E. Intelligence Community Activities Supported by the PSP

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