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:
- TOP SECRET (TS) could cause "exceptionally grave damage,"
- SECRET (S) could cause "serious damage," and
- CONFIDENTIAL (C) could cause "damage."
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.
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.
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.
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:
- Notify the local United States Marshal.
When
threats warrant such
action, the United States Marshals Service (USMS) provides
assistance to
threatened individuals in the form of personal security briefings,
residential
security surveys, and armed protective details. The local United
States Marshal
reports the threat to USMS Headquarters, which compiles all
threat-related data
and rates the threat High, Medium, or Low to determine if
protective services are
warranted. The local Marshal has the authority to assign a
protective detail for
72 hours, continuances are approved by USMS Headquarters.
Notify the local Federal Bureau of Investigation (FBI)
office. The
FBI investigates all threats made against Department employees.
Upon
notification, the FBI initiates an investigation and shares
investigative results
with the USMS, the USAO, and EOUSA.
Submit a report to EOUSA. Urgent Reports, unless
classified, should
be submitted to EOUSA by electronic mail to AEX15(URGENT).
See USAM 3-18.200. Security Incident
Reports should
be submitted to the Security Programs Staff by facsimile,
electronic mail (to
AEX13(SECMAIL), or telephone.
When threats to an individual or an office develop, EOUSA
provides emergency
security support to the USAO. The measures taken are proportional
to the speed
with which Urgent or Security Incident Reports are provided. The
Security
Programs Staff compiles and coordinates threat-related information
with the USMS,
the FBI, and other sources to determine the nature of emergency
security support
required by the USAO or individual to adequately counter the
threat. This
support may consist of one or more of the following:
- Providing immediate on-site surveys and assistance to the
affected
district, advice and assistance to threatened individuals on
dealing with the
threat locally, or assistance in obtaining special deputy status.
- Authorizing, funding, and coordinating the relocation of the
threatened
individual and/or immediate family members, the immediate
installation of
residential or automobile alarm systems and/or remote automobile
starting
devices, or the purchase or temporary lease and installation of
other
security-related items and equipment.
- The Attorney General and the Deputy Attorney General, as
delegated by the Attorney General, may, in appropriate cases,
authorize the Director of the United States Marshals Service to
deputize United States Attorney personnel on an individual basis
as Special Deputy United States Marshals for the limited purpose
of carrying firearms for self protection. Such deputations will
enable them to possess and carry firearms without violating
local, state, and federal laws which may restrict the possession
or carrying of firearms. Such deputations expressly exclude law
enforcement powers such as the power to arrest for violations of
federal law and court-related duties of United States Marshals.
REQUESTING DEPUTATION. The deputation of United
States Attorney personnel will be determined on an individual
basis. Authorization for deputation will be granted only in cases
where the Deputy Attorney General or his designee determines that
at least one of the following conditions exists:
Threat Made:
- The individual or immediate family members are in
imminent danger: a threat of physical harm has been communicated
specifically or implicitly, and considering the totality of the
circumstances, in the opinion of the investigating agency
involved, that the threat is credible.
Threat Posed:
- The individual is assigned duties which bring them in
contact with persons involved in certain types of criminal
activity (e.g., organized crime, violent crime, illegal drug
distribution, etc.) that lead to a reasonable determination by
the United States Attorney that the individual or family members
are at a significantly increased level of risk and thereby
warrants the carrying of a firearm for self-protection.
- Individuals requesting deputations as Special Deputy United
States Marshals must: furnish their own firearms and ammunition;
be responsible for ensuring their firearms are in safe working
condition; and obtain and maintain their firearms proficiency and
safety training. Firearms must meet United States Marshals
Service criteria for qualifying as primary duty weapons.
- An individual seeking an initial or renewal of a deputation
as a Special Deputy United States Marshal will make a written
request to the United States Attorney. Information on how to
complete that request, and other related information, can be
found in the EOUSA Resource Manual at
132.
INDIVIDUAL RESPONSIBILITIES. Individuals
authorized to carry firearms as Special Deputy United States
Marshals pursuant to this order shall not carry such firearms on
their persons while pursuing their official duties in courtrooms
or in the United States Attorneys' offices. When not in the
office, individuals authorized to carry firearms pursuant to this
order shall secure the firearms in a proper location when not
carried on their person. Everyone, especially those with young
children, is required to comply with the presidential directive
to secure their firearms with safety locking devices (gunlocks)
and receive proper instruction for the use of approved firearms.
- Any individual who is deputized as a Special Deputy United
States Marshal, and who carries a firearm pursuant to this order,
shall at all times be in full compliance with the provisions and
requirements set forth herein and as may be required by the
Deputy Attorney General. Individuals who have been deputized are
also subject to United States Marshals Service policies and
regulations regarding the handling and storage of firearms. The
United States Marshals Service "Code of Conduct" requires that
weapons be concealed from view when not in use; stored in a
secure manner to prevent theft, tampering, or misuse when not
being carried; and not be inspected, cleaned, handled, or
exchanged in public areas or in the presence of jury members,
prisoners, witnesses, protected individuals, family members, or
the general public. The United States Marshal in each district
may impose additional restrictions, and deputized individuals
should contact the local United States Marshal to ascertain if
other restrictions apply within their district.
- When carrying a firearm, all individuals are required to
carry their Department of Justice credentials and United States
Marshals Service Form 3A which identifies them as Special Deputy
United States Marshals.
STORAGE OF APPROVED FIREARMS. Upon entering their
official place of business, an individual who has been deputized
as a Special Deputy United States Marshal shall, at a minimum,
promptly store their approved firearm, preferably while still
holstered and loaded, in an approved container specifically
designed for weapons storage which must be locked to prevent
access by unauthorized individuals. Firearms must not be stored
with other materials such as cash, evidence, or office files.
Firearms shall remain secured until the individual leaves the
official place of business.
DISCHARGE OF FIREARMS. Individuals deputized as
Special Deputy United States Marshals may use approved firearms
defensively only. Firearms may be discharged only as a last
resort to prevent the loss of life or serious bodily injury when
there is imminent danger of such an occurrence. Warning shots
are prohibited.
- Any deputized individual shall immediately report, in
writing, to the United States Attorney the circumstances of any
accidental or intentional discharge of an approved firearm not
related to firearms training. The loss or theft of a firearm
shall also be immediately reported in writing to the United
States Attorney. Upon receipt of a written report regarding the
discharge, loss, or theft of a firearm, the United States
Attorney shall forward such report to the Deputy Attorney General
or designee via the Director of the Executive Office for United
States Attorneys. The Deputy Attorney General shall cause any
alleged noncompliance with this Order, discharge of a firearm,
loss or theft of a firearm, to be investigated as deemed
appropriate.
- Any deputized individual who uses their firearm in a shooting
incident which results in injury or death will surrender that
firearm, upon request, to the appropriate law enforcement
authority during the course of the investigation of the
incident.
REVOCATION OF DEPUTATION AND DISCIPLINARY SANCTIONS. The
Deputy Attorney General may upon the recommendation of the United
States Attorney or United States Marshals Service revoke the
deputation of an individual. The Special Deputy United States
Marshal status of an individual shall be subject to immediate
review and possible revocation upon the occurrence of any of the
following:
- Noncompliance with any part of this Order;
- Noncompliance with the procedures and directives the
Deputy Attorney General issued to affect the provisions of this
Order;
- The unsafe or unlawful discharge of a firearm by a
deputized individual;
- An injury or death results from the accidental discharge
of the firearm; and
- Failure of the individual to adhere to recognized
standards of safety for the handling of firearms.
- Failure of the deputized individual to adhere to any of the
provisions of this order or the procedures and directives
implementing this order may result in the imposition of formal
disciplinary action.
REPORTING REQUIREMENTS. The Director of the
Executive Office for United States Attorneys shall provide to the
Deputy Attorney General or designee a semiannual report listing
all deputized United States Attorney personnel, and other such
information as requested by the Deputy Attorney General.
- The Director, EOUSA, has overall responsibility for
implementing the
Occupational Safety and Health Program in accordance with the
Occupational Safety
and Health Act of 1970 (29 U.S.C. 651 et seq.); Executive Order
12196,
"Occupational Safety and Health Programs for Federal Employees"; 29
CFR §
1960, et seq., "Basic Program Elements for Federal Employee
Occupational Safety
and Health Programs"; and Department of Justice Order 1779.2A,
"Occupational
Safety and Health Program." The Director has designated the
Assistant Director
of the EOUSA Security Programs Staff as the Safety and Health
Manager to
administer the Occupational Safety and Health Program for EOUSA and
the USAOs.
Reports of unsafe or unhealthful working conditions should be
directed to the
Manager who will investigate the matter, and make every effort to
ensure such
matters are corrected in a timely manner. If a condition cannot be
corrected
within the specified time frame, the Manager notifies the Director
of th
e status of corrective efforts, the basis for the delay, and
recommends a course
of action.
- Each United States Attorney shall designate an individual to
serve as the
district Occupational Safety and Health Coordinator. Coordinators
must be
afforded appropriate training and their duties incorporated into
performance work
plans. The Coordinator is responsible for: arranging and
participating in
annual inspections of district offices; monitoring findings and
reports of
inspections to confirm that appropriate corrective measures are
implemented;
reporting to EOUSA any unsafe or unhealthful working conditions;
displaying the
Occupational Safety and Health Act poster; conducting
investigations and
maintaining records of employee or public injuries, property
damage, and motor
vehicle accidents; and an annual summary of occupational injuries,
illnesses,
accidents, and property damage.
- For further information on investigations and reports, see
USAP 3-15.180.001(M).
- Emergency planning within the USAOs encompasses two areas: 1)
local
emergency planning efforts which require the development of
Occupant Emergency
Plans and 2) national security emergency planning efforts which
specify courses
of action to ensure the continued operation of the Federal
Government in the
event certain crisis situations occur.
- Occupant Emergency Plans.
Federal Property
Management Regulations, 41 CFR, 𨲽-20, require that a
short-term emergency
response program be developed, and that procedures for safeguarding
lives and
property in Federally-occupied space during specified emergencies
be established.
Where the USAO is the primary tenant of a Federal building or
facility, and the
United States Attorney is the Designated Official, it is the DOSM's
responsibility, as the United States Attorney's designee, to ensure
an Occupant
Emergency Plan is developed and coordinated with other occupant
agencies. Where
the USAO is not the primary tenant, it is the DOSM's responsibility
to
participate in the development and staffing of the Occupant
Emergency Plan.
DOSMs may contact the Security Programs Staff or their local GSA
office for
guidance and assistance in the preparation of Occupant Emergency
Plans. In
addition to ensuring that an Occupant Emergency Plan is established
for each
offic
e within the district, the DOSM must ensure that all USAO employees
are familiar
with applicable emergency procedures. Occupant Emergency Plans
should be
reviewed and updated annually. DOSMs should ensure that, at a
minimum,
evacuation drills are conducted on an annual basis.
- National Security Emergency Preparedness.
Pursuant
to Executive
Order 12656, "Assignment of Emergency Preparedness
Responsibilities," and in
accordance with subsequent DOJ Orders, it is Department policy to
maintain a high
level of readiness in order to respond to any emergency (i.e.,
natural disaster,
military attack, technological emergency, etc.) which seriously
degrades or
threatens national security and to ensure the continuity of the
Department under
such conditions. Before, during, and after such emergencies, the
Department must
maintain both headquarters and field capabilities to perform the
following
essential uninterruptible functions:
- Provide for Attorney General succession;
- Furnish legal advice to the President, the Cabinet, and the
heads of
executive branch department and agencies; and
- Respond to law enforcement matters including foreign
counterintelligence and
domestic security threats.
- For the purposes of federal emergency preparedness programs,
regions have
been established and regional cities have been designated from
which field entity
emergency efforts will be directed. The United States Attorneys in
the regional
cities of Boston, New York (Southern District), Philadelphia,
Atlanta, Chicago,
Dallas, Kansas City (Missouri), Denver, San Francisco, and Seattle
are
responsible for serving, in their respective regions, as the senior
DOJ official
and as the senior member of the DOJ Regional Emergency Team which
will include
representatives from the FBI, the Immigration and Naturalization
Service, the
Drug Enforcement Administration, the USMS, and the Bureau of
Prisons. As senior
Regional Team members, these United States Attorneys must ensure
that all
appropriate DOJ emergency plans are developed, maintained, and, in
time of
emergency, implemented.
- Each regional United States Attorney must designate an
individual within
their office to serve as the Justice Regional Emergency Coordinator
(JREC). The
JREC assists the United States Attorney, coordinates policy
implementation and
operational readiness planning, and serves as liaison between the
Federal
Emergency Management Agency and all participating DOJ field
components. All DOJ
field organizations are required to establish an order of
succession through a
minimum level of four positions for each staffed office to include
a delegation
of authority. This information must be provided to the JREC.
Interagency
emergency preparedness training may be held periodically and may
involve
participation by certain USAO or other DOJ personnel.
- Each USAO is required to develop a "District Security Plan"
which, at a
minimum, will include certain required elements. The plan should
be reviewed on
an annual basis, updated as necessary, and made available to all
district
employees. Required elements of a District Security Plan are in
the EOUSA Resource Manual at 134.
- National and Departmental regulations require that employees be
provided both
initial and refresher security training. DOSMs should establish
regular, ongoing
security education and awareness programs to ensure USAO employees
are familiar
with their security responsibilities and USAO emergency procedures.
To assist
DOSMs in developing training, EOUSA distributes a wide variety of
security
education materials including: a quarterly security bulletin and
advisory
memoranda, videos, posters, pamphlets, and books concerning topics
such as secure
communications, computer security, bomb threats, mail bombs,
workplace violence,
and personal safety.
- New employees should be afforded general security training
during
orientation. Refresher training may be accomplished by
disseminating security
information via electronic mail, in district newsletters, or at
regular staff
meetings. A number of districts have implemented a "security
awareness month"
during which mandatory and voluntary training sessions are held
covering such
issues as office security, computer security, information security,
mail bombs,
and personal safety. DOSMs should consider requesting guest
speakers from the
EOUSA Security Programs Staff, the DOJ Employee Assistance Program
office, local
offices of Federal law enforcement (e.g., FBI, USMS, ATF, United
States Postal
Inspections Service), the local police department, and community
organizations
such as the PTA or Neighborhood Watch.
August 2004
| USAM Chapter 3-15
|