Review of United States Attorneys' Offices' Use of Intelligence Research Specialists

Evaluation and Inspections Report I-2006-003
December 2005
Office of the Inspector General

On November 9, 2005, the Office of the Inspector General (OIG) sent copies of the draft report to the Executive Office for U.S. Attorneys (EOUSA) with a request for written comments. EOUSA provided its written response on December 13, 2005 (Appendix IV). EOUSA concurred with all eight recommendations presented in the draft report. Our analysis of EOUSA’s comments follows. RECOMMENDATIONS To address several of the OIG’s recommendations, EOUSA will rely on the Intelligence Research Specialist Program Manager, and several intelligence research specialist working groups. In addition, EOUSA will work collaboratively with the Office of the Deputy Attorney General by participating in the Counterterrorism Working Group on Intelligence. Recommendation 1a:   Improve the consistency of the implementation of the intelligence research specialist function by identifying the types of information, by source, to be collected by intelligence research specialists. Status:   Resolved – Open. Summary of EOUSA’s Response.   EOUSA stated that an analysis working group will use national and Department priority intelligence requirements as guidelines to identify the types of information, by source, that all intelligence research specialists should gather as part of their overall collection plan. This standard collection list will be approved by the U.S. Attorney leading the working group and the EOUSA Director prior to its publication. EOUSA gave a projected completion date of March 2006. EOUSA also noted that the definition for collection does not include investigative activities, such as developing a human source or going covert to answer an intelligence requirement, because the Joint Terrorism Task Forces have the investigative mandate to operationally collect intelligence. The intelligence research specialists’ collection effort is conducted primarily through their liaison activities with other intelligence specialists or law enforcement officials, and through information gathering from national and local databases. OIG Analysis.   EOUSA’s planned actions are responsive to the OIG’s recommendation. By March 31, 2006, please provide the OIG with a copy of the standard collection list. Recommendation 1b:   Improve the consistency of the implementation of the intelligence research specialist function by working with the Federal Bureau of Investigation (FBI) to provide all intelligence research specialists with access to the FBI’s investigative databases. Status:   Resolved – Open. Summary of EOUSA’s Response.   EOUSA stated that it will organize and invite the FBI to participate in a working group to define the available FBI databases and explore the intelligence research specialists’ needs for universal access to those databases. In addition, EOUSA will explore with the FBI the possibility of a national agreement to standardize USAO access requirements for FBI systems. EOUSA gave a projected completion date of May 2006. OIG Analysis.   EOUSA’s planned actions are responsive to the OIG’s recommendation. By March 31, 2006, please provide the OIG with a status report on the working group’s progress and EOUSA’s determination regarding a national agreement with the FBI to standardize USAO access requirements for FBI systems. Recommendation 1c:   Improve the consistency of the implementation of the intelligence research specialist function by identifying standard tools for all intelligence research specialists. Status:   Resolved – Open. Summary of EOUSA’s Response.   EOUSA stated that an information technology working group, in cooperation with EOUSA’s Intelligence Research Specialist Program Manager, will identify the standard tools that all intelligence research specialists must have to fulfill their responsibilities. The standard tools are to include hardware, software, and database access. The standard list will be approved by EOUSA in consultation with the U.S. Attorney-led Intelligence Research Specialist Working Group. EOUSA gave a projected completion date of May 2006. OIG Analysis.   EOUSA’s planned actions are response to the OIG’s recommendation. By March 31, 2006, please provide the OIG with a status report on the development of the standard tool list. Recommendation 1d:   Improve the consistency of the implementation of the intelligence research specialist function by surveying intelligence research specialists to determine which of the standard tools they lack and supplying missing tools to those who need them. Status:   Resolved – Open. Summary of EOUSA’s Response.   EOUSA stated that once the standard tool list has been approved, it will survey the intelligence research specialists to identify holdings and shortfalls. EOUSA will compile the survey results and monitor where deficient items need to be provided to the intelligence research specialists as soon as possible. EOUSA gave a projected completion date of May 2006. OIG Analysis.   EOUSA’s planned actions are responsive to the OIG’s recommendation. By March 31, 2006, please provide the OIG with a status report on any survey results received to date and EOUSA’s progress on the process for monitoring survey results, and also provide a list of the deficient items to be provided to the intelligence research specialists. Recommendation 1e:   Improve the consistency of the implementation of the intelligence research specialist function by defining work products that intelligence research specialists produce. Status:   Resolved – Open. Summary of EOUSA’s Response.   EOUSA stated that an analysis working group, in cooperation with the U.S. Attorney-led Intelligence Research Specialist Working Group and the Intelligence Research Specialist Program Manager, will define and describe the general set of work products common to all USAO intelligence research specialists. The working groups will provide a general description of the most common product types along with instructions and examples. EOUSA gave a projected completion date of May 2006. OIG Analysis.   EOUSA’s planned actions are responsive to the OIG’s recommendation. By March 31, 2006, please provide the OIG with a status report on the development of the description and definition of the general set of work products common to all USAO intelligence research specialists. Recommendation 1f:   Improve the consistency of the implementation of the intelligence research specialist function by establishing standards to ensure the consistency and quality of intelligence research specialist work products. Status:   Resolved – Open. Summary of EOUSA’s Response.   According to EOUSA, the working groups mentioned in Recommendation 1e will determine which products can and should be standardized with a set format or template to ensure consistency. The working groups will provide guidelines to set quality standards for the intelligence research specialist work products. EOUSA gave a projected completion date of May 2006. OIG Analysis.   EOUSA’s planned actions are responsive to the OIG’s recommendation. By March 31, 2006, please provide the OIG with a status report on the development of the quality standards for the intelligence research specialist work products. Recommendation 2a:   Provide intelligence research specialists with current and complete guidance by developing and posting on the EOUSA’s intranet site an intelligence research specialist manual that includes all pertinent guidance issued by the Attorney General, EOUSA, and USAOs on the roles and duties of the intelligence research specialist, including templates, examples of work products, and quality standards. Status:   Resolved – Open. Summary of EOUSA’s Response.   EOUSA stated that an administrative working group, in cooperation with the U.S. Attorney-led Intelligence Research Specialist Working Group and EOUSA, will develop the manual with sections that include pertinent guidance from Department leadership and the roles and duties of the intelligence research specialists. The manual will incorporate the work resulting from implementing the OIG recommendations in this report. EOUSA gave a projected completion date of August 2006. OIG Analysis.   EOUSA’s planned actions are responsive to the OIG’s recommendation. By March 31, 2006, please provide the OIG with a status report on the development of the intelligence research specialist manual. Recommendation 2b:   Provide intelligence research specialists with current and complete guidance by updating the EOUSA intranet page to provide complete, current, and organized guidance. Status:   Resolved – Open. Summary of EOUSA’s Response.   EOUSA stated that the Intelligence Research Specialist Program Manager has begun to update the intranet page. The Program Manager has coordinated with the EOUSA web services team to begin developing a more robust Intelligence Research Specialist page. An administrative working group will assist the Program Manager and the web services team in developing, organizing, implementing, and maintaining the intranet page. EOUSA gave a projected completion date of March 2006. OIG Analysis.   EOUSA’s planned actions are responsive to the OIG’s recommendation. By March 31, 2006, please provide the OIG with information on the changes made to the EOUSA intranet page. Recommendation 3:   Identify ways to ensure that intelligence research specialists’ original analytical work products are reviewed in order to meet quality standards. Status:   Resolved – Open. Summary of EOUSA’s Response.   EOUSA stated that an analysis working group, in cooperation with the U.S. Attorney-led Intelligence Research Specialist Working Group and EOUSA, will explore and identify ways to implement a quality review process for original analytical work products. EOUSA gave a projected completion date of May 2006. OIG Analysis.   EOUSA’s planned actions are responsive to the OIG’s recommendation. By March 31, 2006, please provide the OIG with a status report on the development of the quality review process. Recommendation 4:   Ensure that the work of the intelligence research specialists is disseminated to the Department as appropriate. Status:   Resolved – Open. Summary of EOUSA’s Response.   EOUSA stated that implementing this recommendation will require a collaborative effort between two distinct, but related, working groups. These groups are an EOUSA/U.S. Attorney led Intelligence Research Specialist working group and the Office of the Deputy Attorney General (ODAG) Counterterrorism Working Group on Intelligence. EOUSA, along with the Counterterrorism Section in the Criminal Division, is taking the lead on an ODAG proposal to examine the various functions and roles of groups charged with intelligence collection, analysis, and dissemination. EOUSA and the Counterterrorism Section are working on this proposal to ensure there is no duplication and to determine what roles these groups will play in the Department’s new National Security Division. The EOUSA/U.S. Attorney-led working group will collaborate on and support the completion of this ODAG proposal. EOUSA believes that the combined effort will provide a framework for the dissemination of intelligence research specialist work products to the Department. EOUSA added that since the implementation timeline for establishing the National Security Division is unknown, and depends upon legislation, EOUSA will provide periodic updates to the OIG on the progress of recommendation 4. Consequently, EOUSA did not give a projected completion date for this recommendation. OIG Analysis.   EOUSA’s planned actions are responsive to the OIG’s recommendation. By March 31, 2006, please provide the OIG with a status report on the working groups’ collaboration and any determinations regarding the dissemination of intelligence research specialists’ work to the Department (including any projected completion date). Recommendation 5:   Survey consumers of intelligence research specialist products regarding work product applicability, quality, and areas for improvement. Status:   Resolved – Open. Summary of EOUSA’s Response.   EOUSA stated that the Intelligence Research Specialist Program Manager and an analysis working group will develop survey questions on work product applicability, quality, and areas for improvement. These questions will be disseminated in conjunction with a planned Anti-Terrorism Advisory Council (ATAC) survey to be sent in January 2006. EOUSA gave a projected completion date of March 2006. OIG Analysis.   EOUSA’s planned actions are responsive to the OIG’s recommendation. Before the survey is conducted, please provide the OIG with a copy of those survey questions to be included on the ATAC survey relating to work product applicability, quality, and areas for improvement. By March 31, 2006, please provide the OIG with a summary of the survey responses related to the intelligence research specialists’ work products. Recommendation 6:   Ensure that the Evaluation and Review Staff (EARS) reports include an evaluation of the intelligence research specialist position. Status:   Resolved – Open. Summary of EOUSA’s Response.   EOUSA stated that EARS will provide the necessary guidance to its evaluators to include an evaluation of the intelligence research specialist position in their written reports. EOUSA will provide updated questions, as needed, so that the evaluators can evaluate the intelligence research specialist positions properly. EOUSA gave a projected completion date of March 2006. OIG Analysis.   EOUSA’s planned actions are responsive to the OIG’s recommendation. By March 31, 2006, please provide the OIG with (1) a copy of the guidance given to EARS evaluators on the evaluation of the intelligence research specialist position in their written reports, (2) any updated questions, and (3) examples of portions of the EARS reports implementing the new guidance. If no copies of EARS reports implementing the new guidance are available by March 31, 2006, please provide copies of such reports as soon as EOUSA receives them. Recommendation 7:   Provide appropriate coordination to ensure the continuity of intelligence research specialist functions in all USAOs with short- and long-term vacancies. Status:   Resolved – Open. Summary of EOUSA’s Response. EOUSA stated that a crisis response working group, in cooperation with the U.S. Attorney-led Intelligence Research Specialist Working Group and the Intelligence Research Specialist Program Manager, will identify ways to implement a system in which intelligence research specialists provide intelligence support to districts with short- and long-term vacancies. EOUSA gave a projected completion date of May 2006. OIG Analysis.   EOUSA’s planned actions are responsive to the OIG’s recommendation. By March 31, 2006, please provide the OIG with a status report on the development of the system that will be implemented to provide intelligence support to districts with short- and long-term vacancies. Recommendation 8:   Reassess the role and duties of the intelligence research specialists in light of the Department re-organization of its intelligence entities. Status:   Resolved – Open. Summary of EOUSA’s Response.   EOUSA believes that the recommendation will be satisfied when EOUSA, the Attorney General’s Advisory Committee, and the ODAG working group recommend to the Department’s leadership a course of action on the proposal described in its response to Recommendation 4. EOUSA also stated that because the implementation timeline for the National Security Division is unknown, and depends upon legislation, it will provide periodic updates to the OIG on the progress of Recommendation 8. OIG Analysis.   EOUSA’s planned actions are responsive to the OIG’s recommendation. By March 31, 2006, please provide the OIG with a status report on the progress of the various groups and any information on a projected completion date.