The Department of Justice's Terrorism Task Forces

Evaluation and Inspections Report I-2005-007
June 2005
Office of the Inspector General


Appendix XI

OIG Analysis of the Criminal Division's
Response


The OIG sent the draft report to the Criminal Division (CRM) with a request for written comments on Recommendations 3, 7, 9, 11, and 12. The CRM responded to the OIG in a memorandum dated May 18, 2005. The CRM concurred with all of the recommendations and agreed, through the Counterterrorism Section (CTS), to continue to work with EOUSA and the USAOs to develop a national training plan for the ATACs, a strategy for reaching remote areas, performance measures for the ATAC program, and guidance to ATAC Coordinators on roles, responsibilities, and management of an ATAC. Our analysis of the CRM's response follows.

RECOMMENDATIONS

Recommendation 3: Resolved - Open. EOUSA's Office of Legal Education, along with CTS, should develop a national training plan for ATACs that includes:

  • Initial needs assessment of ATAC Coordinators,
  • How to manage and structure an ATAC (membership, frequency of meetings, methods and sources of communication, how to conduct an ATAC members' needs assessment, identify trainers, and develop a local training plan),
  • Frequency of future needs assessments for ATAC Coordinators and ATACs,
  • Development of minimum mandatory training standards and time frames for completion of training for ATAC Coordinators,
  • Required minimum annual training hours for ATAC Coordinators, and
  • Responsibility for training notification to the ATAC Coordinators.

Summary of the CRM's Response. The CRM concurred with the recommendation. The CRM stated that although significant training for terrorism prosecutors already has occurred, CTS will work with EOUSA's Office of Legal Education to develop a national training plan and provide subject matter experts where appropriate. CTS, EOUSA, and the USAOs have formed an ATAC Training Committee (referred to as the National ATAC Training Working Group in EOUSA's response) comprising the CTS Deputy Chief, two CTS attorneys (who formerly were ATAC Coordinators), the CTS National ATAC Coordinator, the Deputy Counsel to EOUSA's Director, the Assistant Director of EOUSA's Office of Legal Education, and 10 current ATAC Coordinators from different regions of the country. The Committee held an initial strategy meeting in May 2005, to address the recommendations in the OIG report and agreed to formulate a survey to assess the training needs of ATAC Coordinators and ATAC members. Additionally, the Committee agreed that ATAC Coordinators need assistance in determining the type of training to provide to their ATAC members. The Committee will continue meeting to develop a national training plan that addresses the identified needs of ATAC Coordinators and ATAC members. The Committee plans to consider an accelerated course of training for newly appointed ATAC Coordinators who may not be experienced in the subject matter of terrorism. However, CTS stated that setting minimum and mandatory annual training hours for ATAC Coordinators would not assist the ATAC program and would require additional funding. CTS also stated that, once the ATAC national training plan is established, EOUSA can monitor compliance with the plan, assess frequency and suitability of training, and determine whether additional measures are needed to achieve the goals of the ATAC program.

The OIG's Analysis. The CRM's plan for CTS to develop a national ATAC training plan with EOUSA is responsive to the recommendation. The OIG believes that the ATAC Training Committee can aid the development of the training plan with input from all parties involved in the ATAC program. Although the majority of ATAC Coordinators we interviewed and surveyed were satisfied with prosecutive and investigative training, they indicated a need for more training on the operation of ATACs. The CRM stated that the ATAC national training plan will include an initial needs assessment of ATAC Coordinators, guidance on how to manage and structure an ATAC, and standards and time frames for completing ATAC Coordinator training. The OIG believes that this action will ensure that ATAC Coordinators receive training on ATAC operational issues. We have requested that EOUSA provide us a copy of the ATAC national training plan by October 31, 2005.

Recommendation 7: Resolved - Open. The FBI, CTS, EOUSA, and the USAOs should work jointly to develop a coordinated strategy to consistently reach out to remote areas.

Summary of the CRM's Response. The CRM agreed that all agencies should work together to draft a coordinated strategy to consistently reach remote areas. The CRM stated that many ATAC Coordinators and Intelligence Research Specialists already are making progress toward communicating with rural areas of their districts. ATACs exist in every judicial district and 24 states have two or more ATACs to further communication. Further, most ATACs spent part of their terrorism funds on communication equipment to improve information sharing. The CRM provided six additional examples of ATACs that effectively use such equipment. The CRM also stated that CTS will work with the FBI and the USAOs to address the gaps in communication coverage with remote areas as identified in the OIG report.

The OIG's Analysis. The CRM's plan for CTS to develop an outreach strategy with the FBI and the USAOs is responsive to the recommendation. We request that when CTS, EOUSA, the FBI, and the USAOs develop a coordinated strategy to reach remote areas, they designate one agency to provide us a copy of the coordinated strategy by October 31, 2005. We believe this strategy should define the roles and responsibilities of each entity in implementing the strategy.

Recommendation 9: Resolved - Open. CTS and EOUSA should develop outcome-oriented performance measures for the ATAC program. The measures for the ATAC program could include the following:

  • Quality and timeliness of information shared with member and outside agencies that resulted in improved understanding of terrorism issues and improved prevention activities,
  • Quality and timeliness of training for members that resulted in improved understanding of terrorism issues and improved prevention activities,
  • Outreach efforts that resulted in increasing targeted membership, and
  • Quality and currency of threat assessments that result in improved prevention activities.

Summary of the CRM's Response. The CRM concurred with the recommendation that performance measures should be developed for the ATAC program. CTS will assist EOUSA in establishing performance measures for ATAC members, drawing as appropriate on the existing performance measures for the National and Regional ATAC Coordinators within CTS. CTS stated that it would be difficult to have one standard to measure the success of the ATAC program given the great number of differences in judicial districts. CTS recommended that ATAC performance measures be developed to fit the needs in each district as determined by a survey of ATAC members.

The OIG's Analysis. The CRM's plan for CTS to assist EOUSA in establishing performance measures for the ATAC program is responsive to the recommendation. However, the OIG believes that EOUSA and CTS should develop standard performance elements across ATACs to measure the effectiveness of the ATAC program nationwide. We believe certain elements of the ATAC program should be consistent across USAOs, while the particular criteria used to measure each USAO's success on these elements could be different based on the various ATAC activities and how the program is operated in each judicial district. The OIG requests that EOUSA provide us the jointly developed standard performance elements and measures for the ATAC program by October 31, 2005.

Recommendation 11: Resolved - Open. CTS and EOUSA should jointly issue written guidance defining their roles and responsibilities in the ATAC program, as well as the roles and responsibilities of the Regional ATAC Coordinators, the National ATAC Coordinator, and the EOUSA point-of-contact for ATACs. This written guidance should be communicated to the ATAC Coordinators.

Summary of the CRM's Response. The CRM concurred with the recommendation. CTS has issued written guidance on the roles and responsibilities of CTS staff working in the ATAC program, the National ATAC Coordinator, and the Regional ATAC Coordinators. CTS will assist EOUSA in drafting and issuing similar guidance. If the Deputy Attorney General determines that additional clarification of roles and responsibilities of CTS and EOUSA in the ATAC program is needed, CTS has agreed to work with EOUSA on this guidance.

The OIG's Analysis. The CRM's plan for CTS to work with EOUSA on developing guidance about their roles and responsibilities for the ATAC program is responsive to the recommendation. We also note that the Deputy Attorney General has formed a working group to develop guidance that clarifies the roles and responsibilities of CTS, EOUSA, and the USAOs in the ATAC program with regard to oversight, monitoring, evaluating success, and enforcing compliance (see the ODAG's response to Recommendation 10, which it labeled "2"). The OIG requests that EOUSA provide us a copy of the joint EOUSA-CTS written guidance to the ATAC Coordinators by October 31, 2005.

Recommendation 12: Resolved - Open. CTS or EOUSA should issue written guidance for ATAC Coordinators that includes a definition of roles, how to determine membership base, and how to structure and manage an ATAC.

Summary of the CRM's Response. The CRM concurred with the recommendation but stated that guidance to ATAC Coordinators on the definition of roles, how to determine membership, and how to structure and manage an ATAC should come from EOUSA consistent with its responsibility for oversight and monitoring of the ATAC program. CTS has agreed to assist EOUSA and the USAOs in developing this written guidance.

The OIG's Analysis. The CRM's plan for CTS to assist EOUSA and the USAOs in developing guidance for the ATACs is responsive to the recommendation. The OIG requests that EOUSA provide us a copy of the written guidance to the ATAC Coordinators on roles and ATAC membership, structure, and management by October 31, 2005.



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