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The task force report concluded that any criminal action against Bureau participants in the harassment campaign was time barred. No disciplinary action was recommended since the responsible officials are dead or retired.

The task force · submitted recommendations for tighter supervision of the Bureau's domestic intelligence activities and praised the Attorney General's guidelines in this area. They also proposed outright prohibition of COINTELPRO type activities against domestic intelligence subjects.

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With the assistance of the Internal Audit Staff, Office of Management and Finance, we have attempted to "review and evaluate the activities of internal inspection units within the Department". 28 C.F.R. 90.39 a (f) (4). Pursuant to this authority, on October 8, 1976, we requested six Department agencies3/ to submit reports reviewing and evaluating their own inspection units. Relying on our own experience, our review of these submissions and the Internal Audit Staff's follow-up survey. 4/ we submit the following recommendations:

1. Counsel is required, under 28 C.F.R. 90.39a (f) (4),
"to review and evaluate the activities of internal
inspection units or, where there are no such units,
the discharge of comparable duties within the Depart-
ment". The Office, now consisting of three attorneys,
is simply unable to meet this responsibility without
additional staff and office space. The present staff

.3/ Drug Enforcement Administration, Federal Bureau of Investigation, United States Marshals Service, Immigration and Naturalization Service, Bureau of Prisons, and the Law Enforcement Assistance Administation.

4/ The OMF survey included a review of each agency's policies and procedures relating to standards of conduct and employee integrity, interviews with the heads of each inspection unit, and a limited review oi case files.

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is barely able to monitor and coordinate the
numerous ongoing internal investigations within
the Department and its agencies. We recommend
the addition of three attorncys to meet our
"review and evaluation" responsibilities.

2. To assist the office in preparing future reports and monitoring agency internal investigations, the reporting system must be improved to provide the office with appropriate information on the activities of each internal inspection unit within the Department. The Office has the authority to modify the current procedures without seeking the approval of the Attorney General. However, it is important from the standpoint of the Office's effectiveness for the Attorney General and the Deputy Attorney General to continue to support Counsel's efforts to obtain additional information from agency inspection units and comparable units within the divisions and offices.

3. To ensure that each has a precise and uniform understanding of the Counsel's duties, review authority and reporting responsibilities, the Attorney General should send a memorandum (prepared by this Office) to all division, office, board, bureau and agency heads.

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JUSTICE DEPARTMENT INTERNAL INVESTIGATION

POLICIES

THURSDAY, JULY 21, 1977

HOUSE OF REPRESENTATIVES,

GOVERNMENT INFORMATION
AND INDIVIDUAL RIGHTS SUBCOMMITTEE
OF THE COMMITTEE ON GOVERNMENT OPERATIONS,

Washington, D.C. The subcommittee met, pursuant to notice, at 9:35 a.m., in room 2203, Rayburn House Office Building, Hon. Richardson Preyer (chairman of the subcommittee) presiding.

Present: Representatives Richardson Preyer, Peter H. Kostmayer, Paul N. McCloskey, Jr., and Dan Quayle.

Also present: Timothy H. Ingram, staff director; Richard L. Barnes, professional staff member; Maura J. Flaherty, clerk; and Catherine Sands, minority professional staff, Committee on Government Operations.

Mr. PREYER. The subcommittee will come to order.

We are glad to have Mr. Lowe, Mr. Harris, Mr. McGraw, and Mr. Ols with us this morning.

The subcommittee is continuing this morning with its hearings into the policies and procedures by which the Department of Justice investigates allegations of wrongdoing involving Department employees. Today we will focus on the internal investigation mechanism of the Federal Bureau of Investigation, which is the largest component of the Justice Department.

During the 94th Congress, the subcommittee asked the General Accounting Office to examine the Inspection Division of the FBI, which at that time was the unit handling internal investigations at the Bureau. Last September, during the course of the GAO examination, the FBI reorganized in this area and established an Office of Professional Responsibility. It should be made clear that the FBI's Office of Professional Responsibility is different from the Justice Department's Office of Professional Responsibility, or OPR.

Last month we heard testimony from Michael Shaheen, who heads the Justice Department's OPR.

Today we will hear from Mr. Victor Lowe, who is Director of the General Government Division of the GAO. Members of Mr. Lowe's staff have been examining the FBI's OPR and other aspects of the Bureau's internal investigation system.

The GAO has been good enough to accept our invitation to testify on their findings to date, although their final written report on this examination will not be published until later this year.

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