gram:Threat Assessment, Strategic Planning, and Resource Management," Sept. 2002, p. 67. For the failure to shift
resources, see DOJ Inspector General report,"FBI Casework and Human Resource Allocation," Sept. 2003, pp. iv,
vi, viii, x, xiii. For the comparison to drug agents, see testimony of Dick Thornburgh before the Subcommittee on
Commerce, State, Justice, the Judiciary, and Related Agencies of the House Appropriations Committee, June 18,
2003, p. 20.
FBI's Counterterrorism Program," Sept. 2002, pp. iiiii.
mary," undated, p. 4. Since 9/11, the FBI has recruited and processed more than 30,000 translator applicants.This
has resulted in the addition of nearly 700 new translators. FBI report,"The FBI's Counterterrorism Program Since
September 2001,"Apr. 14, 2004.The FBI's hiring process includes language testing, a personnel security interview,
polygraph, and a full background investigation.The FBI must maintain rigorous security and proficiency standards
with respect to its permanent and contract employees. Even as the FBI has increased its language services cadre,
the demand for translation services has also greatly increased.Thus, the FBI must not only continue to bring on
board more linguists, it must also continue to take advantage of technology and best practices to prioritize its work-
flow, enhance its capabilities, and ensure compliance with its quality control program. FBI linguists interviews (July
31, 2003May 10, 2004); Margaret Gulotta interview (May 10, 2004). See DOJ Inspector General report,"A Review
of the FBI's Actions in Connection with Allegations Raised by Contract Linguist Sibel Edmonds," July 1, 2004;
Sibel Edmonds interview (Feb. 11, 2004).
sion and Investigative Services Division,"Apr. 22, 1999. On Watson's observation, see Dale Watson interview (Feb.
4, 2004). On MAXCAP 05, see FBI memo, description of MAXCAP 05, undated (draft likely prepared after Aug.
31, 2001, for incoming Director Mueller). On field executives' views, see FBI report, Counterterrorism Division,
International Terrorism Program,"Strategic Program Plan, FY 200106," undated, p. 30.
ters now receive the same designation, 315.
Review, vol. 137 (1989), pp. 793, 802805. For the statute, see 50 U.S.C. §§ 1801 et seq. As enacted in 1978, FISA
permitted orders authorizing electronic surveillance. It did not refer to physical searches. In 1994, the statute was
amended to permit orders authorizing physical searches. See Pub. L. No. 103-359, 108 Stat. 3423, 3443 (Oct. 14,
1994); 50 U.S.C. §§ 18211829. See generally, William C. Banks and M. E. Bowman, "Executive Authority for
National Security Surveillance," American University Law Review, vol. 50 (2000), pp. 1130.
DOJ report,"Final Report of the Attorney General's Review Team on the Handling of the Los Alamos National
Laboratory Investigation" (hereinafter "Bellows Report"), May 2000, appendix D. On DOJ interpretation of FISA,
see DOJ memo, Dellinger to Vatis,"Standards for Searchers Under Foreign Intelligence Act," Feb. 14, 1995; Royce
Lamberth interview (Mar. 26, 2004); Bellows Report, pp. 711712; DOJ Inspector General interview of Marion
Bowman, May 28, 2003.
32. Bellows Report, pp. 712714, n. 947, appendix D tabs 2, 3; Richard Scruggs interview (May 26, 2004);
the FISA Court, it wielded extraordinary power in the FISA process.
procedures that were eventually issued were agreed to by all involved in the drafting process. As a member of the
Commission, Gorelick has recused herself from participation in this aspect of our work.