FBI’s Response to OIG Report on DIOG Testing

Statement of the FBI Director:

“An uncompromising commitment to integrity remains the backbone of the FBI workforce. It guides us in every aspect of carrying out our mission to protect the American public. When allegations of misconduct relating to the DIOG testing first came to our attention, we moved quickly to investigate, bringing in the Office of Inspector General (OIG). In cases where misconduct has been determined, personnel actions were taken, and that process continues. We will follow-up in each of the 22 cases the IG has found for disciplinary action, as appropriate, as well as any other allegations of misconduct.

“The vast majority of FBI employees successfully completed the DIOG training and the open-book examination that followed, in accordance with the test-taking instructions. While the Office of Inspector General has identified a number of factors that contributed to problems with the test-taking, nothing excuses the conduct of those who chose not to comply when instructions were clear.”

Background of the OIG Investigation and Report:

• The FBI issued the Domestic Investigations and Operations Guide (DIOG) in December 2008. To ensure that FBI employees understood the importance of the DIOG and were able to apply it, the FBI mandated 16.5 hours of live classroom training for employees involved in operations. Virtually every special agent and intelligence analyst, as well as many other FBI employees who support operations, attended the mandatory training within the first several months of the DIOG’s release.

• FBI employees were also required to complete an open-book test. The vast majority of FBI personnel took the open-book test through the FBI’s online “Virtual Academy” system. Unlike other Virtual Academy tests, which are primarily training aids, DIOG test protocol did not permit consultation with other employees while answering test questions. This was a first-time test protocol for FBI in-service training.

• In fall 2009, the FBI moved quickly to investigate an allegation that certain employees had not followed the DIOG test protocol and, separately, to begin looking for indicators suggesting that other employees had not followed the protocol. The FBI then referred the matter to the OIG. The OIG investigated three allegations of misconduct and a group of employees who had indicators suggesting that they had not followed test protocol. The OIG subsequently determined that 22 of those employees did not follow the DIOG test protocol or acted improperly in some other manner.

• • The FBI is disappointed with the misconduct described in the report. The FBI acknowledges some responsibility for this result. The FBI did not strictly limit how field offices administered the training and testing, and the OIG found that training was not uniformly delivered across the country and testing procedures varied.

• While these issues explain some of the OIG’s findings, they do not excuse the conduct of employees who did not comply with clear instructions. The Office of Professional Responsibility will review and adjudicate the facts of cases involving misconduct and take all appropriate action.