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3-15.000
SECURITY
PROGRAMS MANAGEMENT


3-15.010 Introduction
3-15.100 Security Programs
3-15.110 Personnel Security
3-15.120 Information Security
3-15.130 Computer Security
3-15.140 Communications Security
3-15.160 Reporting Security Incidents and Emergency Security Support
3-15.170 Deputation (Authorization to Carry Firearms)
3-15.180 Occupational Safety and Health Program
3-15.190 Emergency Planning
3-15.200 District Security Plan
3-15.300 Security Education and Awareness


3-15.010 Introduction

Security programs which effectively protect personnel, offices, and investigative and administrative information enable the United States Attorneys' offices (USAOs) to accomplish their mission and goals. The active participation of senior management is critical to the success of these security programs. Security programs management within USAOs comprises three distinct components: the Executive Office for United States Attorneys (EOUSA), the District Office Security Manager (DOSM), and the Domestic Terrorism Working Group of the Attorney General's Advisory Committee.

  1. EOUSA provides the following support for USAO security programs:

    • Policy and procedural assistance for the implementation of all security programs in accordance with applicable statutes and Executive and Departmental Orders to ensure the unique needs of each office are met.

    • General and specialized security training for all personnel responsible for security-related duties.

    • Budgetary and facilities management support to facilitate the design, procurement, and installation of all security-related equipments, services, and systems.

    • A structured methodology for analyzing the overall security practices of each USAO and determining office-unique security requirements.

    • Oversight to identify weaknesses, provide assistance and advice, ensure compliance with all national and Departmental security policies and regulations, and formulate constructive recommendations to improve the overall quality of security programs and support.

  2. Each United States Attorney appoints a DOSM, preferably a Supervisory Assistant United States Attorney, to manage all district security programs. As the principal security official for the district, the DOSM advises the United States Attorney on all security matters, and is assisted by other assigned individuals as required. The DOSM is responsible for:

    • Analyzing the overall security posture of the district office and recommending necessary security systems, equipment, and services to reduce vulnerabilities and risks.

    • Implementing and locally overseeing the physical, information, personnel, computer, and communications security programs, as well as the security education and awareness, loss prevention, and safety and health programs in accordance with current policy.

    • Developing the District Security and Occupant Emergency plans.

    • Preparing and submitting Urgent and Security Incident Reports.

    • Preparing budget estimates for implementing office security programs, and coordinating these and other security requirements with EOUSA.

  3. The Domestic Terrorism Working Group, whose membership includes United States Attorneys and Assistant United States Attorneys, is part of the Attorney General's Advisory Committee. The Subcommittee coordinates security-related initiatives and educational efforts with EOUSA.

3-15.100 Security Programs

The DOSM Handbook, which sets forth the requirements and procedures for district security programs and contains copies of applicable security regulations, has been distributed to all USAOs. Refer to the Handbook for more detailed information concerning the following security programs:

3-15.110 Personnel Security

  1. Background Investigations. All USAO employees must be United States citizens, and require favorably completed background investigations (BIs) prior to entering on duty. Completed BIs are received and initially reviewed by the EOUSA Security Programs Staff. While the Department of Justice (DOJ) Security Officer, Justice Management Division (JMD), has final adjudication authority, attorney and law clerk investigations must also be approved by the Office of Attorney Personnel Management (OAPM). Favorable adjudication may not be granted, or may be delayed, if the BI reveals questionable or potentially derogatory information.

    In unusual or emergency circumstances, USAOs may request a waiver for completing the BI prior to entrance on duty by submitting to the EOUSA Personnel Staff: a justification, the results of vouchering inquiries, and security forms completed by the individual. Waiver requests for attorneys and law clerks are forwarded to the OAPM for approval, and those for nonattorneys to the Department Security Officer.

    Reinvestigations to update BIs are conducted for employees whose BIs are five years or older. The favorable adjudication of a BI is not commensurate with approval of a national security clearance. Any applicant or employee who may require access to classified information in the performance of their duties must execute Standard Form (SF) 86, Questionnaire for National Security Positions.

  2. National Security Clearances. USAOs must contact the EOUSA Security Programs Staff to request National Security Clearances when employees require access to National Security Information, which is generally in connection with litigation involving classified information. Clearances for access to classified information can only be granted if a favorably completed BI is current (i.e., less than five years old), and the employee has a "need-to-know" the information.

Requests for access to Sensitive Compartmented Information (SCI) or Department of Energy "Q" clearances should also be initiated through the Security Programs Staff. SCI is classified information, which concerns or is derived from intelligence sources and methods, and requires strict control in accordance with Intelligence Community directives. Approval for access to SCI includes a required briefing, which must be conducted in an approved Sensitive Compartmented Information Facility. Employees granted access to SCI are required to report all foreign travel, official and personal, to the JMD in advance of their departure by submitting a completed DOJ Form-504, Notification of Foreign Travel. "Q" clearances for access to restricted information concerning nuclear weapons matters are authorized only by the Department of Energy pursuant to provisions of the Atomic Energy Act of 1954. Most departments and agencies require written certification from the Department Security Officer to confirm the national security clearances of USAO personnel attending meetings or conferences at which classified information will be discussed. USAOs should contact the EOUSA Security Programs Staff two weeks in advance, which will in turn request certification be forwarded by the Department Security Officer, JMD.

When an employee's need for access to classified information no longer exists, the USAO should advise the Security Programs Staff that the clearance may be cancelled. Employees should be formally debriefed from SCI and Q programs.

3-15.120 Information Security

Information security involves the control and safeguarding of Limited Official Use (LOU) information and National Security information (NSI). Other departments and agencies entrust LOU information and NSI to the USAOs during investigations and litigation. It is important that USAOs protect LOU information and NSI, and any materials developed using such information, in the same manner as the originators. All LOU information and NSI must be protected to prevent disclosure to individuals not authorized access to the information.

A. Limited Official Use (Sensitive) Information. Departmental policy defines LOU information, also referred to as "sensitive," and establishes procedures for its protection. LOU information includes, but is not limited to grand jury information, informant and witness information, investigative material, Federal tax and tax return information, Privacy Act information, and information which can cause risk to individuals or could be sold for profit. The information should be labeled or identified by placing the caveat "Limited Official Use" on the first page, by a notation in a covering memorandum, or by affixing an LOU label or cover sheet to the material to ensure recipients are aware the information requires protection. Provided the USAO has minimum physical security safeguards in place, sensitive information may be stored, when not in use, in locked offices, desks, or cabinets. Secure telephone and facsimile equipment should be used whenever possible to protect sensitive information, particularly investigative, informant, witness, or Title III information.

B. Tax and Tax Return Information. Although Federal tax and tax return information is generally regarded as LOU information, Internal Revenue Code § 6130 and Departmental policy establish safeguards beyond those mentioned above. Access to tax and tax return information will be limited to the United States Attorney, Assistant United States Attorneys and support staff assigned to the particular case. When in use, the information may be kept in the Assistant United States Attorney's office provided the office is locked when the Assistant United States Attorney is not present. To the maximum extent possible, tax information must be kept separate from other information. Where separation is impractical, such files or containers should be clearly labeled to indicate they contain tax return information. If tax documents cannot be personally transmitted, the material shall be transmitted, double-wrapped, by U.S. Postal Service registered mail, with a return receipt to be signed by the addressee or authorized designee. The interior wrapping or envelope shall be marked "LIMITED OFFICIAL USE, TO BE OPENED BY ADDRESSEE ONLY."

The receipt and disclosure of all tax information shall be recorded in a tax information log, which also reflects the chain of custody. A record must be kept of tax information received, including copies. Tax logs must be retained for five years from date of receipt or date of any disclosure, whichever is longer. When the information is no longer needed, original tax information must be returned to the Internal Revenue Service within 90 days or shredded. When tax information, including magnetic media, is not in use, it must be secured in a locked filing cabinet, locked room with restricted access, or GSA approved security containers with access restricted to authorized individuals to prevent its unauthorized access or disclosure.

Access to tax returns and return information must be restricted to persons whose duties require access or to whom disclosures may be made under provisions of the law. The Internal Revenue Code (IRC 6103) permits the disclosure of returns and return information to officers and employees of federal agencies for the administration of federal non-tax criminal laws. The disclosures are subject to restrictions imposed by IRC sections 6103(I)(l) through (I)(6). Students and volunteers should not be allowed access to tax data.

Tax data obtained though the ex parte court order process should be used in cases which involve a non-tax federal criminal violation. If a determination is made not to pursue the criminal violation and civil enforcement is proposed, the data should be removed from the case file prior to the civil proceedings.

Unless specifically authorized by the IRC, USAOs are not permitted to allow access to federal tax information to agencies, representatives or contractors. The information may be disclosed only to employees who have a need for the information. Tax data should be clearly labeled "FEDERAL TAX INFORMATION" or "FEDERAL TAX DATA" to allow an office to identify and protect it. Boxes and folders should also be labeled.

All USAO employees with access to Federal Tax information must be thoroughly briefed on security procedures and instructions requiring their awareness and compliance. Periodic reorientation sessions should be conducted. USAO employees with access to Federal tax information must be advised, at a minimum, annually of the provisions of Section 7213(a) of the IRC which makes unauthorized disclosure of Federal returns or return information a crime which may be punishable by a $5000 fine, five years imprisonment, or both, as well as the costs of prosecution. In addition, applicable employees must be advised annually of the provisions of Section 7431 of the IRC which permits a taxpayer to bring suit for civil damages in a United States district court for unauthorized disclosure of returns and return information.

Copies of tax information not made public during the course of judicial or administrative proceedings should be destroyed by shredding. Ex parte information (certified documents and copies) must be shredded or returned to the IRS Disclosure office. The disposition of the material must be recorded. Magnetic tapes containing tax information may not be made available for reuse or released for destruction without first being subjected to electromagnetic erasing.

C. Grand Jury Information.

Access to Grand Jury Material - Access to grand jury material shall be restricted to the Assistant United States Attorneys (AUSAs) assigned to the case and those personnel deemed necessary by the AUSA to carry out the official duties related to the grand jury activities. The AUSA is responsible for ensuring each person permitted access to the grand jury material is aware of the secrecy requirements associated with the material. Grand jury material in use should be safeguarded from unauthorized disclosure by turning face down or covering when unauthorized persons are present. The material should be locked in storage containers when not in use.

Storage of Grand Jury Material - Grand jury material shall be stored in a manner which reasonably ensures only authorized persons have access to the material. Grand jury material containing classified national security information must be handled, processed and stored in accordance with 28 CFR Part 17. Grand jury material containing other types of sensitive information such as Federal tax return information, witness security information, and other types of highly sensitive information which have more stringent security requirements shall be stored and protected pursuant to security regulations governing such information and special security instructions provided by the organization originating the information.

Transmission of Grand Jury Material - Grand jury material transmitted outside a USAO shall be enclosed in opaque inner and outer covers. The inner cover shall be a sealed wrapper or envelope which contains the address of the sender and the addressees authorized access to the grand jury material. The inner cover shall be conspicuously marked "Grand Jury Information: To Be Opened By Addressee Only." The outer cover shall be sealed, addressed, return addressed and bear no indication the envelope contains grand jury material. When the size, weight or nature of the grand jury material precludes the use of envelopes or standard packaging, the material used for packaging or covering shall be of sufficient strength and durability to protect the information from unauthorized disclosure or accidental exposure.

Grand jury material may be transmitted through reliable mail and courier services. Couriers and other personnel employed in these services shall be unaware of the contents of the material transmitted due to the wrapping procedures implemented; and therefore, do not require a background investigation for this purpose.

When an AUSA, in consultation with the DOSM, determines the greater sensitivity of, or threats to, grand jury material necessitates a more secure transmission method, the material may be transmitted by: U.S. Postal Service registered mail, return receipt requested; an express mail service approved for the transmission of national security information; or hand-carried by the AUSA or their designated representative.

Grand Jury Court Reporters - USAOs must ensure contracts with grand jury court reporters contain current security requirements. Grand jury court reporters must be cleared and approved by SPS, EOUSA, with a favorably adjudicated name and fingerprint check at a minimum. These clearances must be updated every five years. See DOSM Handbook, Chapter 11.

Grand jury court reporters must protect grand jury information and materials in their custody from disclosure to unauthorized individuals. At a minimum, material must be secured and stored in an alarmed facility with locked entrances and exits during non-working hours. Office automation equipment, such as word processors or personal computers, may be used to process grand jury information provided the equipment is used in a dedicated, standalone mode and the information is unclassified. During the non-working hours, diskettes and removable hard drives must be secured in approved containers. Equipment having fixed hard drives must be secure to preclude access by unauthorized individuals such as unescorted cleaning persons. Service personnel must be escorted at all times when working on or around processing equipment.

Grand jury court reporters must ensure grand jury information does not remain on storage media and all storage media, including fixed hard drives, is removed from the equipment before being moved from the contractor facility for maintenance, servicing, or final disposition. All removable storage media becomes the property of the government and fixed hard drives must be made available to the government for sanitizing.

For the Guidelines for Handling Documents Obtained by the Grand Jury, see the EOUSA Resource Manual at 156.

D. National Security (Classified) Information. NSI, which is also referred to as "classified information," concerns national defense and foreign relations matters. National and Departmental policies prescribe requisite procedures for marking, handling, storing, and transmitting NSI. Refer to Paragraph 3-15.100, for guidance on requesting national security clearances.

The following three classification levels for NSI indicate information sensitivity and the potential damage to United States national security if the information is disclosed to unauthorized individuals:

Classified documents must be clearly marked to indicate their level, authority, and duration of classification. When not in use, classified documents and computer media on which NSI is stored must be locked in security containers ("safes"). Classified documents must be accounted for, and when no longer required, returned to the originating agency or destroyed by shredding in an approved "cross-cut" shredder.

NSI must not be processed on EAGLE or PRIME computers. Classified information must be processed and stored, following special procedures, on standalone or laptop computers.

Classified information must not be discussed or transmitted by commercial telephone or facsimile. Secure telephone (STU-III) and/or secure facsimile, keyed to the appropriate classification level, must be used to discuss or transmit classified information. SECRET and CONFIDENTIAL material may be sent by United States Postal Service registered or express mail, return receipt requested. TOP SECRET material cannot be mailed from office to office, but may be hand-carried by an employee possessing a TOP SECRET clearance. Any classified material which is mailed or hand-carried must be double-wrapped.

The Classified Information Procedures Act (P.L. 96-456. 94 Stat. 2025) is invoked for some cases involving NSI. In such cases, the Department Security Officer appoints a special Court Security Officer to assist the Federal Judiciary, the defense, and the USAO. EOUSA provides funding for additional security resources and equipment for such cases.

3-15.130 Computer Security

The computer security program is mandated by the Computer Security Act of 1987 (P.L. 100-235), and involves the safeguarding of information in electronic or magnetic media form and of the systems used to electronically process that information. The program focuses on the security of the PRIME Computers, word processing equipment, the EAGLE system, personal computers, laptop computers, and the information these systems store and process. This information is primarily case-related, although some administrative records relate to personnel and budgetary functions. Procedural guidance should be developed which sets forth basic computer security safeguards such as separation of functions, safety considerations, and access control and protection of USAO computer systems and equipments from misuse or computer-related crime.

Each computer system which processes sensitive or classified information must be certified and accredited. A risk analysis must be conducted for each system, and computer security and contingency plans, which allow for the continuation of automated processing in the event of natural disaster or system damage, must be prepared. Additionally, computer security software which encrypts data, protects communications, and detects viruses must be installed. The System Manager, or other responsible party, certifies that contingency and computer security plans are complete, and that safeguards are in place. The USA, or senior designee, accredits the systems by acknowledging and accepting any residual risk associated with operating the systems as configured.

3-15.140 Communications Security

Communications security (COMSEC) involves the protection of voice, data, and facsimile signals during transmission. Rapidly advancing technology and the ease with which communications systems can be monitored and exploited by criminal elements or hostile intelligence services presents a serious challenge to the legal and law enforcement community. The Type 1, Secure Telephone Unit-Third Generation (generally referred to as the STU-III) was developed in response to National Security Decision Directive 145 (1983) which mandated the production of a reliable, cost-efficient secure telephone, which could also function as a normal telephone instrument and be provided to each Federal employee whose duties entailed the discussion of sensitive and/or national security (classified) information.

The STU-III program is fully supported by the Attorney General and the Director, EOUSA. All USAOs have been furnished STU-IIIs and secure facsimile equipment in order to provide a secure means to exchange sensitive and classified information concerning ongoing cases with other USAOs, Department components, and law enforcement entities. Secure telephone and/or secure facsimile equipment must be used to discuss or transmit classified information, and should be used to protect sensitive information, particularly investigative and informant or witness information.

Each USAO has also been provided at least one TRIAD system consisting of a secure telephone, a secure facsimile machine, and a personal computer which can be used to process sensitive and/or classified information, and directly transmit such information in a secure manner to other Department or law enforcement organizations. The STU-III program has been further expanded with the development of the Type 2 secure telephone unit for installation at state and local government and law enforcement organizations through a Federally-sponsored program.

Within each USAO, the DOSM oversees communications security and the STU-III program, determines USAO requirements for secure telephone and facsimile equipment, and promotes the use of secure communications equipment among district personnel. Primary and Alternate COMSEC Representatives will be appointed to assist the DOSM. The COMSEC Representatives are responsible for day-to-day management of secure communications equipment, maintaining required accounting records, and conducting periodic inventories of COMSEC equipment and material.

3-15.160 Reporting Security Incidents and Emergency Security Support

The DOSM is responsible for immediately reporting to EOUSA any situation which: (1) involves possible or actual injury to employees, (2) results in loss of, or damage to, Government assets; or (3) affects or threatens the ability of a USAO to operate. Examples of reportable incidents include: threats to a USAO or its employees, office break-ins, theft or loss of Government property, and discovery of computer viruses.

Urgent Reports are submitted to report significant events of interest or concern to the Attorney General and Deputy Attorney General. Such events include bomb threats which directly involve a USAO, threats against USAO personnel, and any natural or man-made emergency which affects the continued operation of an office. See USAM 3-18.200.

Security Incident Reports are submitted to report all other types of security-related incidents (e.g., bomb threats which do not directly involve a USAO, thefts of personal or Government property, disclosure of sensitive or classified information to unauthorized individuals, and discovery of computer viruses).

Submission of an Urgent or Security Incident Report initiates a variety of corrective or protective measures and should not be delayed pending the development of more detailed information. Follow-up reports may be submitted to provide additional data.

When it is first learned that a threat has been made or may exist against a USAO or an employee of a USAO, three things must be done immediately: