Reforming the FBI

Background

The FBI’s chilling record of politicized abuses and the executive branch’s continuing misuse of federal intelligence authorities to target the exercise of free speech and other constitutional rights of Americans gives Congress clear and compelling grounds for enacting forceful reforms, starting with the FBI.

Recent disclosures have revealed that the FBI has repeatedly failed to adhere to court-ordered procedures related to the Section 702 database of the Foreign Intelligence Surveillance Act (FISA).

Despite commitments to reform, the Bureau has continued to misuse its surveillance tools for inappropriate purposes, including unauthorized queries of information and investigations into non-national security matters. This situation highlights a critical need for systemic reform to address these deficiencies and prevent future abuses.

• Congress should define the scope of the FBI’s jurisdiction, refocus its mission on traditional law enforcement, and put it under effective control.

• At the very least, Congress must adopt a minimum set of critical reforms necessary to safeguard America’s freedoms.

Proposed Reforms

1. Jurisdictional Limits

   • Narrow Scope: Redefine the FBI’s jurisdiction to focus exclusively on federal crimes and national security threats. Eliminate or transfer responsibilities related to other areas to specialized agencies better suited to handle them.

   • Clear Boundaries: Establish clear guidelines defining the limits of FBI investigations and ensure that they are aligned with its primary mission.

2. Enhanced Oversight

   • Independent Oversight Bodies: Create independent oversight committees with the authority to review FBI operations, enforce compliance with legal standards, and recommend corrective actions. These bodies should operate separately from the Department of Justice to ensure impartiality.

   • Regular Audits: Implement routine audits and reviews of FBI practices and procedures, with findings reported publicly to enhance transparency and accountability.

3. Revised Guidelines and Procedures

   • Update Operating Guidelines: Revise the Attorney General’s Guidelines for Domestic FBI Operations to impose stricter controls on investigative practices. Ensure that all procedures are clearly defined and adhered to.

   • Enhanced Training: Provide regular training for FBI personnel on compliance with legal standards and ethical conduct to minimize the risk of procedural violations.

4. Transparency and Accountability

   • Public Reporting: Increase transparency by requiring the FBI to produce regular public reports detailing its activities, compliance with oversight requirements, and corrective measures taken.

   • Whistleblower Protections: Strengthen protections for whistleblowers within the FBI to encourage reporting of misconduct without fear of retaliation.

5. Intelligence Collection Reform

   • Review and Revise Section 702: Conduct a comprehensive review of Section 702 of FISA and other intelligence collection practices. Implement necessary reforms to ensure that data collection is strictly necessary, properly regulated, and used only for its intended purpose.

   • Strengthen Data Privacy: Enhance measures to protect the privacy of individuals whose data is collected and ensure that any queries or investigations are conducted in accordance with legal requirements.

Conclusion

The proposed reforms aim to address the systemic issues within the FBI that have led to recent abuses of power. By implementing these changes, Congress can help restore public trust, enhance the FBI’s effectiveness, and safeguard American civil liberties. The goal is to ensure that the FBI remains a vital and lawful institution dedicated to protecting national security and upholding the rule of law, while operating within a framework of strict oversight and accountability.