26-002 - Recommendation 1

After reviewing a draft of this report, the FBI informed the OIG that FBI leadership had recently decided not to make a policy change at this time that would allow non-attorney supervisors to approve certain U.S. person queries. However, FBI indicated that its decision does not remove the option as a possibility in the future. In light of (1) the FBI's query compliance history described in Chapter One, (2) FBI leadership's initial decision immediately after enactment of RISAA to limit approvals of U.S. person queries to attorneys and the improved level of compliance that followed, and (3) the inherently and highly sensitive nature of conducting U.S. person queries of Section 702-acquired information, prior to allowing selected non-attorney supervisors to approve certain U.S. person queries, the FBI, in consultation with NSD, should conduct an assessment of whether any potential benefits of allowing selected non-attorney supervisors to approve certain U.S. person queries will come at the cost of a decline in the efficacy of the pre-approval requirement, and what additional internal controls can be implemented to prevent such a decline. If the FBI decides to allow non-attorney supervisors to approve certain U.S. person queries, the FBI should further consider starting with a pilot program that emphasizes regularly required training and is subject to monitoring of compliance rates of U.S. person queries approved by non-attorney supervisors and continued oversight.