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.
- 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.
- 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.
- 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
- 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 Recruitment and
Management (OARM). 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 OARM 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.
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.
[updated December 2012]
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.
- 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.
- 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.
- 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.
- 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.
[updated February 2003]
[cited in
EOUSA Resource Manual 156]
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, regardless of whether
the threat is related to the employees' official duties; office break-ins;
theft or loss of Government property; and discovery of computer viruses.
USAO employees must notify the DOSM or other designated USAO
employee (collectively "DOSM") of any threat to any USAO employee.
- Each USAO employee must timely notify the office DOSM of any
threat or potential threat, even if the employee does not believe
that the threat is a serious one. It is critical that all threats
be reported and logged for future reference.
- Should it be determined that no action needs to be taken in
response to a reported threat, the report of threat nevertheless
plays a critical role in helping law enforcement assess and
investigate the pattern or context of future threats. Such
information may well be critical to the same or another USAO
employee in a future incident. Thus, it is not for the individual
AUSA or USAO employee to determine which threats are serious and
should be reported to the DOSM—all threats must be reported.
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 Chapter 1-13.000.
Any Urgent threat report should include at a
minimum the following information:
- the name and position of the targeted employee;
- the nature of the threat;
- the name and location of the person making the threat, if
known;
- the date the threat was made, or the date the target was made
aware of the threat;
- the date the DOSM was informed of the threat;
- the date the USMS and FBI were notified; and,
- the date of the Urgent report to EOUSA.
If any action or security measures are undertaken in response to a
reported threat, each DOSM must send timely, periodic follow-up
reports to EOUSA notifying EOUSA of any such follow-up action.
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).
The 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 will 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 USAEO-URGENT
mailbox. See USAM Chapter 1-13.000.
Security Incident Reports should be submitted to the Security Programs Staff
by facsimile, electronic mail (to USAEO-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.
When To Seek A Recusal—Any subsequent prosecution of individuals
making threats against employees in USAOs raises concerns about
impartiality. Specifically, a decision to prosecute such an
individual raises the serious appearance that the USAO is
aggressively targeting the individual who threatened a USAO
employee. Pursuant to USAP 3-2.170.001, Recusals, "the requirement
of recusal does not arise in every instance in which the United
States Attorney or a member of a USAO has a personal relationship
or involvement with the matter, but it is required when an actual
or apparent conflict of interest exists that would raise a question
concerning the United States Attorney's or the USAO's involvement
in the matter." In addition, the Office of the Deputy Attorney
General has established a policy that, when an employee of a USAO
is the victim of a crime, the USAO will be recused from
investigating and prosecuting the matter.
In the interests of security, USAOs may take all necessary steps to
ensure the safety and well being of their employees, including
working with the United States Marshals Service or other
appropriate agency on investigating such threats up to the point
where any security concerns have been resolved. However, once the
threat has been deemed credible, the security issues have been
resolved, and there is a substantial likelihood the matter will
move forward for criminal investigation and prosecution, office-
wide recusal is appropriate, and the USAO should contact EOUSA's
General Counsel's Office (GCO). GCO will process the recusal
request to the Associate Deputy Attorney General and, upon
approval, arrange for another district or Department component to
handle the matter. USAOs may continue to be involved during the
process of transitioning the case to another district or Department
component to ensure that security is still maintained for the
threatened employees and that no investigative steps are missed.
Once the case has been transitioned, USAOs may receive limited
information from the office handling the matter solely for purposes
of ensuring the continued safety of the threatened employees, as
well as other personnel. They are prohibited, however, from any
involvement with the actual prosecution of the matter, including
discussing any information that would allow them to have
inappropriate influence over the investigation or prosecution of
the threat.
[updated August 2011]
[cited in USAM 1-13.130;
3-1.200]
3-15.170
Deputation (Authorization to Carry Firearms)
|
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.
[updated May 1999]
[cited in USAM 3-1.200;
EOUSA Resource Manual 132]
3-15.180
Occupational Safety and Health Program
|
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 the 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).
[updated August 2004]
3-15.190
Emergency Planning
|
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, § 101-20, 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 office 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.
3-15.200
District Security Plan
|
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.
[cited in
EOUSA Resource Manual 134]
3-15.300
Security Education and Awareness
|
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.
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