STATEMENT OF JUSTICE DEPARTMENT SPOKESMAN DEAN BOYD REGARDING
THE OFFICE OF INSPECTOR GENERAL'S REPORT ON TERRORISM STATISTICS

“The Justice Department agrees fully with the Office of the Inspector General (OIG) that the Department must collect, verify, and maintain accurate statistics on the important national security work being conducted at Main Justice, the FBI, and in United States Attorney’s Offices around the country. Today, almost all the internal controls recommended by the OIG already exist to ensure the tightest possible process for gathering, verifying, and reporting terrorism-related statistics.

It is noteworthy that the OIG found that the statistics compiled by the Department’s Criminal Division (Counterterrorism Section) either accurately stated or understated the Department’s terrorism-related performance in nearly all categories. The Department has routinely used these statistics (and not the others examined by the OIG) in its public statements about the Department’s accomplishments in combating terrorism.

Immediately after the 9/11 attacks, the Justice Department and FBI launched substantial reorganizations and placed unprecedented focus on preventing future terrorist attacks, which strained internal systems designed to capture performance data. Those strains were reflected in Fiscal Years 2002 through 2004, which were the focus of the OIG’s review. Since that time, the Justice Department and the FBI have substantially improved the systems and internal controls related to terrorism case reporting.

With regard to statistics from the Executive Office for U.S. Attorneys (EOUSA) -- which are primarily used in determining resource allocation -- the OIG’s findings stem largely from its own interpretation of what the “anti-terrorism” program category code should encompass. Many cases coded by EOUSA as “anti-terrorism” are part of proactive initiatives designed to prevent terrorism by reducing vulnerabilities in critical facilities and systems nationwide. While such cases often result in convictions for other crimes, their underlying purpose is to prevent and deter terrorist infiltration of these facilities. Although the OIG argued that these cases should not be placed under the “anti-terrorism” code, the Department must be able to assess the scope of this critical work, which notably is coded separately from international and domestic terrorism cases. To avoid future concern, the EOUSA will rename its anti-terrorism category code and further clarify its definition.

For its part, the FBI has made dramatic improvements to its statistical reporting systems in recent years, specifically its case management and supporting information technology programs. Many of the weaknesses identified in the OIG report occurred during, and were an outgrowth of, the agency’s wholesale reorganization after 9/11. Today, the FBI’s internal controls over terrorism statistics are far superior to the controls that existed in the period on which the OIG focused.

In summary, the Department agrees that rigorous internal controls enhance its ability to substantiate terrorism-related performance data, and, with few exceptions, the Department has already implemented the controls recommended by the OIG.”

Washington, D.C. - The FBI announced today it has awarded the contract with Raytheon Company for the development of the Law Enforcement National Data Exchange (N-DEx). This program is a Department of Justice effort to bring together federal agents and state and local officers in a secure system to improve the efficiency of investigations.

FBI Chief Information Officer (CIO) Zalmai Azmi said, “The development and deployment of N-DEx will provide nationwide capability to share information derived from incident, arrest and event reports. This will expedite coordination across law enforcement so that we can remain one step ahead of the criminals and terrorist despite jurisdictional boundaries.”

N-DEx will allow for the sharing of complete, accurate, timely and useful criminal justice information across jurisdictional boundaries and will provide new investigative tools that enhance the nation’s ability to fight crime and terrorism. N-DEx will enable law enforcement agencies to collaborate with one another by connecting the dots between seemingly unrelated criminal incidents. In addition, it will provide contact information and collaboration tools for law enforcement agencies that are working on cases of mutual interest that span across the nation.

N-DEx will leverage the existing data contained in the FBI’s Criminal Justice Information Services (CJIS) Division systems, as well as law enforcement information maintained by local, state, tribal, and federal agencies. At a minimum, federal information in N-DEx will be contributed by ATF, DEA, Bureau of Prisons, FBI and US Marshals. N-DEx will not supplant the need for, or use of, any existing CJIS systems or their governance.

N- DEx is part of FBI’s National Information Sharing Strategy (NISS) which is strategically aligned with other key information sharing initiatives such as the Information Sharing Environment (ISE) mandated by Congress in late 2004. N-DEx is a key part of the Department of Justice’s (DOJ) Law Enforcement Information Sharing Program (LEISP) strategy, which was completed in December of 2005. The DOJ LEISP strategy includes a DOJ-wide technology architecture and standards to enable streamlined sharing of data within the Department and with other partners.

The project is an important collaboration with the CJIS Advisory Policy Board, which includes representatives from criminal justice agencies throughout the nation, including national security. Furthermore, representing the leadership of the nation’s law enforcement community, the International Association of Chiefs of Police, the Major Cities Chiefs of Police, the National Sheriffs’ Association, and the Major County Sheriffs’ Association have worked closely with the FBI and DOJ in the planning and requirements for N-DEx . As the system becomes operational, the concept of nationally coordinated law enforcement information sharing will become a reality through the N-DEx project.

The solicitation for the N-DEx performance based contract used the National Institutes of Health government-wide contracting vehicle. A thorough evaluation process was conducted based on factors including prior experience with successful development of similar projects, technical and management approaches, security, and cost.

WASHINGTON, D.C. -- The Department of Homeland Security’s Federal Emergency Management Agency (FEMA) is seeking applicants who wish to be considered by the FEMA Administrator to sit on the National Advisory Council.

The Council is being created as an advisory role to the FEMA Administrator to help ensure effective and ongoing coordination of the federal preparedness, protection, response, recovery and mitigation for natural disasters, acts of terrorism, and other man-made disasters. Specifically, the Council will focus attention on the development and revision of the national preparedness goal, the national preparedness system, the National Incident Management System, the National Response Plan, and other related plans and strategies.

Individuals seeking to be considered for an appointment on the Council should submit a resume detailing their experience in the arena of emergency management and related fields. Resumes must be received by FEMA by March 9, 2007, and could be sent via e-mail to:

john.sharetts-sullivan@dhs.gov

Or via Mail to:
FEMA
Attention: John Sharetts-Sullivan
500 C Street, SW
Room 316
Washington, DC 20472

The development of the National Advisory Council was set into motion by the Post-Katrina Emergency Management Reform Act of 2006. The Federal Register notice posted on February 7, 2007, establishes the Council and requests applications for membership.

FEMA manages federal response and recovery efforts following any national incident. FEMA also initiates mitigation activities, works with state and local emergency managers, and manages the National Flood Insurance Program. FEMA became part of the U.S. Department of Homeland Security on March 1, 2003.

(HOUSTON) A United States citizen has been arrested and charged with receiving training from a foreign terrorist organization and conspiring to use an explosive device outside the United States, Don DeGabrielle, United States Attorney for the Southern District of Texas; Kenneth L. Wainstein, Assistant Attorney General for the National Security Division of the Department of Justice; and Joseph Billy, Assistant Director of the Federal Bureau of Investigation Counterterrorism Division, announced today.

Daniel Joseph Maldonado, a.k.a Daniel Aljughaifi, 28, a former Houston resident, was returned to the United States late last evening from Kenya to face the criminal charges pending in this district. Maldonado was captured by the Kenyan military on January 21, 2007, as he fled to avoid Ethiopian and Somalian forces. Expelled by Kenyan officials, Maldonado was turned over to American authorities over the weekend and flown to Houston accompanied by special agents of the Federal Bureau of Investigation. He appeared before United States Magistrate Judge Calvin Botley this afternoon and has been ordered detained without bond pending a detention hearing set for Tuesday, February 20, at 2:00 p.m.

"Any who seek to aid terrorists in their mission to threaten our national security will be held to account for such serious criminal conduct," said United States Attorney Don DeGabrielle.

"This case represents the first criminal prosecution of an American suspected of joining forces with Islamic extremist fighters in Somalia. The prosecution of Mr. Maldonado demonstrates the scope of our laws and serves as a warning to others who would travel overseas to wage violent jihad," said Kenneth L. Wainstein, Assistant Attorney General for the Justice Department's National Security Division.

Joseph Billy, Assistant Director of the Federal Bureau of Investigation Counterterrorism Division, said, "The FBI is working closely with our law enforcement and intelligence community partners in this country and around the world to bring all necessary resources to bear to protect Americans and its allies from terrorist attacks."

According to allegations in the criminal complaint, Maldonado traveled from Houston, Texas, to Africa in November 2005 and then on to Somalia on or about December 2006 to join the Islamic Courts Union (ICU) and elements of Al Qaeda, to fight "jihad" against the Transitional Federal Government to establishment of an independent Islamic State in Somalia. In the fall of 2006, the ICU used suicide bombers and vehicles containing improvised explosive devices to target the leadership of the Transitional Federal Government of Somalia.

While in Somalia, Maldonado was, according to the complaint, provided an AK-47, equipped with military combat uniforms and boots in Mogadishu, and participated in training camps in Kismaayo and Jilib, Somalia. The camps included physical fitness, firearms, and explosives training all in preparation to go to the front to fight for the ICU. Al Qaeda members were allegedly present at the training camp. During the course of his training, the complaint alleges Maldonado spoke to an individual about his willingness to become a suicide bomber if he was wounded and also observed the making and testing of bombs with the group's bomb-maker.

Conspiring to use a destructive device carries a maximum penalty of any term of years up to life imprisonment upon conviction. Receiving military training from a terrorist organization carries a maximum punishment of 10 years imprisonment upon conviction.

The investigation leading to the filing of criminal charges in this case was conducted by the Joint Terrorism Task Force including special agents of the Federal Bureau of Investigation and officers of the Houston Police Department. The case will be prosecuted by Assistant U. S. Attorney Gary Cobe.

A complaint is an accusation of criminal conduct, not evidence. A defendant is presumed innocent unless and until convicted through due process of law.

Washington, DC – FBI Assistant Director John Miller today responded to the release of the Office of the Inspector General’s (OIG) report entitled “The Federal Bureau of Investigation’s Control over Weapons and Laptops Follow-up Audit.”

“It is notable that the Inspector General has concluded the FBI has made significant progress in decreasing the rate of loss for weapons and laptops. The OIG determined that when compared with figures from 2002, there has been a 349% reduction in the average number of weapons lost or stolen in a given month and a 312% reduction in the loss or theft of laptop computers.

“Still, we differ with the OIG’s conclusions in some areas. In a detailed response to the OIG, we outlined objections to certain conclusions and negative inferences made in the report, specifically with respect to lost weapons attributed to the audit period, which we believe pre-dated the audit. Nonetheless, we acknowledge more needs to be done to ensure the proper handling of the loss and theft of weapons and laptops, and the information maintained on them. We appreciate the work done by the OIG and agree with the majority of their recommendations. We have or will be implementing those recommendations.

“While the Inspector General acknowledged that the loss of certain resources is inevitable in an organization the size of the FBI, we nevertheless stand committed to increasing institutional and personal accountability to further increase the progress we have made in minimizing the loss of firearms and information technology components.”

NOTE FROM ME
I would point out with respect to the laptops, that information does not need to be classified to be dangerous. Even otherwise benign information if it were to fall into the wrong hands could pose an unacceptable degree of risk. If the FBI is in fact taking steps to reduce the loss/theft of both firearms, and information I applaud these efforts.

Robert