MEMORANDUM

TO:	Paul A. Price Assistant Inspector General     for Evaluation and Inspections
FROM:	Michael A. Battle (signature) Director Executive Office for United States Attorneys
SUBJECT:	Response to the Inspector General's Review of the Critical Incident Response Plans of the United States Attorneys' Offices, A-2006-003

The Executive Office for United States Attorneys (EOUSA) has reviewed the Department of Justice, Office of the Inspector General's (OIG) draft audit report entitled, Follow-up Review of the Critical Incident Response Plans of the United States Attorneys' Offices, A-2006-003. EOUSA provides the following response, as requested in your memorandum dated December 8, 2006.

EOUSA concurs with the recommendations resulting from this review and will work with United States Attorneys' Offices (USAOs) and with other Department components, particularly the Counterterrorism Section of the National Security Division (CTS), to resolve and implement solutions to the OIG findings. As the OIG is aware, EOUSA operates within the unique framework of the community, wherein each is managed and directed by an individual United States Attorney, not by EOUSA. EOUSA expects the full cooperation of the USAOs in working to promote greater emergency readiness, and will take all appropriate steps to help achieve compliance with recommendations.

ACTION PLAN

Recommendation 1:  EOUSA and the CTS clarify each component's CMC Program responsibilities: 

Actions Planned

EOUSA agrees that the USAOs will benefit from clearer institutional guidance that clarifies the program responsibilities for both EOUSA and CTS. In order to continue the necessary level of service to the USAOs, it is important that at least one individual at each component have assigned duties specifically directed to this issue. EOUSA plans to accomplish this by discussing with CTS leadership or its designees which aspects of the CMC Program are best suited for EOUSA, and which are best suited for CTS. Once program responsibilities are clearly defined, EOUSA will discuss internally the issue of where to place its component responsibility. EOUSA expects that it will complete these discussions and have appropriate protocols in place within three months of this report, by March 5, 2007.

Recommendation 2:  In accordance with guidance provided by EOUSA and the CTS, the USAOs conduct exercises of their CIRPs.

Actions Planned

EOUSA agrees that the USAOs will benefit from periodic exercises of their CIRPs. EOUSA agrees that within three months of this report, by March 5,2007, it will establish a protocol for checking to determine whether each USAO has periodically exercised its CIRP.

Recommendation 3:  The USAOs complete, retain, and forward copies of the after-action reports to EOUSA and the CTS.

Actions Planned

EOUSA agrees that the USAOs will benefit if both the district and EOUSA maintain a copy of the district's after-action report. EOUSA agrees that within three months of this report, by March 5, 2007, it will establish a protocol for periodically checking to determine whether each USAO has maintained, retained, and forwarded to EOUSA a copy of its after-action reports.

Recommendation 4:  EOUSA and the CTS establish a system that alerts EOUSA when USAOs do not: 

• Complete required CIRP exercises, and
• Submit after-action reports for exercises and CIRP activations.

Actions Planned

EOUSA agrees that the USAOs will benefit if EOUSA is alerted when USAOs do not complete required CIRP exercises or submit after-action reports for exercises and CIRP activations. EOUSA agrees that within three months of this report, by March 5, 2007, it will establish a protocol for periodically alerting EOUSA when a USAO does not complete a required CIRP exercise or submit an after-action report.

Recommendation 5:  EOUSA ensure that performance measures to monitor completion of CIRP exercises and after-action reports remain a part of its triennial review process.

Actions Planned

EOUSA agrees that the USAOs will benefit if performance measures to monitor completion of CIRP exercises and after-action reports remain a part of the management review program run by EOUSA’s Evaluation and Review Staff (EARS). EOUSA notes that due to budget issues and the expanding nature of the EARS review, it is expected that each USAO will be subject to an EARS review once every four years, rather than once every three years. EOUSA agrees that within three months of this report, by March 5, 2007, it will take sufficient steps to ensure that the performance measures used to monitor completion of CIRP exercises and after-action reports remain a part of the EARS review process.

Recommendation 6:  When vacancies occur in the CMC positions (either permanent or temporary), the USAOs appoint new CMCs as soon as practicable; the USAOs also should notify EOUSA and the CTS immediately of any vacancies and subsequent appointments.

Actions Planned

EOUSA agrees that the USAOs will benefit if they fill vacancies in the CMC position as soon as practicable, and if they also notify EOUSA and the CTS when such vacancies and appointments occur. EOUSA agrees that within three months of this report, by March 5, 2007, it will remind the USAOs of the importance of filling the CMC position as soon as practicable and of notifying EOUSA and the CTS of any vacancies and subsequent appointments.

Recommendation 7:  EOUSA and the CTS ensure that the new CMCs receive timely orientation and training.

Actions Planned

EOUSA agrees that the USAOs will benefit if the new CMCs receive timely orientation and training. EOUSA agrees that within three months of this report, by March 5, 2007, it will meet with CTS regarding the compilation of basic orientation materials that can be easily recreated and made available to each new CMC as he or she enters into the CMC responsibilities. EOUSA will also discuss with CTS and plan for periodic training for CMCs at the National Advocacy Center (NAC). Planning for CMC training conferences is subject, like all training conferences, to budget considerations and scheduling issues at the NAC.