The Bureau of Alcohol, Tobacco, Firearms and Explosives’ and Federal
Bureau of Investigation’s Arson and Explosives Intelligence Databases

Audit Report 05-01
October 2004
Office of the Inspector General

Appendix VI

The Attorney General’s August 11, 2004, Memorandum Regarding the
Coordination of Explosives Investigations and Related Matters


  Office of the Attorney General
Washington, D.C. 20530

August 11, 2004



MEMORANDUM FOR THE DEPUTY ATTORNEY GENERAL
  DIRECTOR, FEDERAL BUREAU OF INVESTIGATION
DIRECTOR, BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES
ADMINISTRATOR, DRUG ENFORCEMENT ADMINISTRATION
 
FROM: THE ATTORNEY GENERAL
 
SUBJECT: Coordination of Explosives Investigations and Related Matters
 

To ensure effective coordination of explosives investigations by law enforcement components of the Department of Justice (the Department), I hereby direct as follows:

Jurisdiction

  1. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) shall control the investigation of all explosives incidents, except as follows:

    1. In cases where a Joint Terrorism Task Force (JTTF) determines that the explosives incident is related to terrorism, then the JTTF shall control the investigation; and
    2. In cases where the Federal Bureau of Investigation (FBI) traditionally has exercised jurisdiction (including but not limited to bank robberies, civil rights violations, and organized crime), then the FBI shall control the investigation.

  2. The Deputy Attorney Genera1 shall resolve all issues relating to jurisdiction over explosives investigations.

Information Sharing

  1. The Department's Chief Information Officer (CIO) shall consolidate all of the Department's arson and explosives incident databases including, but not limited to, the FBI's Automated Incident Reporting System and ATF's Bomb and Arson Tracking System, into a single database.

  2. All consolidated arson and explosives incident databases shall be maintained by ATF and shall be accessible to all Department law enforcement components. No Department component may maintain any database that contains arson or explosives incident information that would otherwise be maintained in the consolidated database.

  3. Within 90 days, the CIO shall examine and report to the Deputy Attorney General on the feasibility of consolidating all of the Department's remaining arson and explosives databases.

  4. The Deputy Attorney General shall resolve all issues relating to the consolidation of arson and explosives databases.

TEDAC

  1. The CIO shall coordinate the development of a database for the Terrorist Explosives Device Analytical Center (TEDAC).

  2. A senior FBI representative shall serve as Director of TEDAC; a senior ATF representative shall serve as a Deputy Director of TEDAC.

Laboratories

  1. There shall be established a Laboratories Review Board (Lab Board). The Deputy Attorney General (or his designee) shall chair the Lab Board; representatives of ATF, the Drug Enforcement Administration, and the FBI shall serve as members of the Lab Board.

  2. The Lab Board shall examine the Department's available resources and workloads and make recommendations to the Deputy Attorney General. Such recommendations shall include an analysis of laboratory demands imposed by TEDAC.

  3. The Deputy Attorney General (or his designee) shall, as appropriate, direct the allocation and use of the Department's laboratory resources.

Training

  1. All budget, curricula, teaching and scheduling functions relating to post-blast explosives training, within the Department shall be consolidated under ATF.

  2. All agents, officers, technicians, and other personnel who engage in or are related to post-blast explosives training shall remain with their respective agencies and continue to provide training as they did prior to consolidation.

  3. The Deputy Attorney General shall resolve all issues relating to the consolidation of post-blast-explosives training.

  4. All explosives training provided by Department components shall be made available, when appropriate, to all federal law enforcement agencies.

  5. There shall be established an Explosives Training Review Board (Explosives Board). The Deputy Attorney General (or his designee) shall chair the Explosives Board; representatives of ATF and the FBI shall serve as members of the Explosives Board.

  6. Within 90 days, the Explosives Board shall examine and report to the Deputy Attorney General on the feasibility of consolidating the Department's remaining explosives training programs and facilities.

Special Events

  1. The recommendations of the Explosives Review Group (ERG) regarding Special Events, as set forth in the Memorandum for the Deputy Attorney General of May 3, 2004, Attachment 2, shall be adopted and implemented.

  2. No later than December 1, 2004, the ERG Chair shall report to the Deputy Attorney General in writing on the implementation of the ERG'S recommendations regarding Special Events.

Canines

  1. As soon as practicable, all Department components that use explosives detection canines shall use only canines certified by ATF.