On December 8, 2006, the Office of the Inspector General (OIG) sent copies of the draft report to the Executive Office for United States Attorneys (EOUSA) and the National Security Division (NSD) with a request for written comments.⁷⁴ EOUSA and the NSD responded to us in memorandums dated January 8 and January 9, 2007, respectively.

EOUSA and NSD Response

Both components agreed with the seven OIG recommendations to improve the USAOs’ critical incident response planning. Their responses stated that the components would work with each other, as well as with United States Attorneys’ Offices (USAO), to resolve and implement solutions to the OIG’s findings.

RECOMMENDATIONS

Recommendation 1:  EOUSA and the Counterterrorism Section (CTS) clarify each component’s Crisis Management Coordinator (CMC) Program responsibilities.

Summary of EOUSA and NSD Response. Both components agree with the recommendation and will meet to develop a clear understanding and delineation of each component’s respective responsibilities. Appropriate protocols are expected to be in place by March 5, 2007.

OIG Analysis. Recommendation 1 is Resolved – Open. The actions planned by EOUSA and the NSD to delineate each component’s responsibilities are responsive to our recommendation. In order to close this recommendation, please provide a copy of the protocols by March 30, 2007.

Recommendation 2:  In accordance with guidance provided by EOUSA and the CTS, the USAOs conduct exercises of their critical incident response plans (CIRP).

Summary of EOUSA and NSD Response. Both components agree with the recommendation. By March 5, 2007, EOUSA will establish a protocol for verifying exercise performance by the USAOs. The NSD believes that EOUSA can best track the completion of exercises by the USAOs and ensure districts are aware of the requirement to exercise their CIRPs. The NSD will assist EOUSA as necessary. The NSD also will send a new tabletop exercise to all districts and post the exercise on its Docushare intranet site within 30 days.

OIG Analysis. Recommendation 2 is Resolved – Open. The proposed actions of both components are responsive to our recommendation. In order to close this recommendation, please provide a copy of the tabletop exercise and validation protocols by March 30, 2007.

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

Summary of EOUSA and NSD Response. Both components agree with the recommendation. EOUSA, with assistance from the NSD, will develop protocols by March 5, 2007, for periodically checking to determine whether each USAO has maintained, retained, and forwarded to EOUSA a copy of its after-action reports. While the NSD recognizes it needs to be aware of the content of the reports in order to pass on best practices to other districts and to assist with corrective action if needed, it believes that all of the “official record” copies of the plans and reports should be maintained in one place at EOUSA.

OIG Analysis. Recommendation 3 is Resolved – Open. The proposed actions of both components are responsive to our recommendation. The OIG will defer to the decision of the components as to where any “official record” copies will be maintained, provided that the NSD retains the content of the completed after-action reports. In order to close this recommendation, please provide a copy of the protocols for determining whether each USAO has maintained, retained, and forwarded to EOUSA a copy of its after-action reports by March 30, 2007.

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.

Summary of EOUSA and NSD Response. Both components agree with the recommendation. By March 5, 2007, EOUSA will establish a protocol for identifying when a USAO does not complete a required CIRP exercise or submit an after-action report; the NSD will work with EOUSA to develop such protocols.

OIG Analysis. Recommendation 4 is Resolved – Open. The actions planned by EOUSA and the NSD to establish a protocol to periodically notify EOUSA when USAOs do not complete required CIRP exercises is responsive to our recommendation. In order to close this recommendation, please provide a copy of the protocols by March 30, 2007.

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.

Summary of EOUSA and NSD Response. Both components agree with the recommendation. By March 5, 2007, EOUSA will take steps to ensure that the performance measures used to monitor completion of CIRP exercises and after-action reports remain a part of the Evaluation and Review Staff (EARS) review process. The NSD will provide EOUSA with technical assistance as needed regarding the content of the portion of the EARS review concerning the CMC program.

OIG Analysis. Recommendation 5 is Resolved – Open. The actions planned by EOUSA and the NSD to ensure that performance measures remain a part of the EARS review process are responsive to our recommendation. In order to close this recommendation, please provide a description of the actions taken by March 30, 2007.

Recommendation 6:  When vacancies occur in 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.

Summary of EOUSA and NSD Response. Both components agree with the recommendation. EOUSA agrees that by March 5, 2007, it will remind the USAOs of the importance of filling vacant CMC positions as soon as practicable and of notifying EOUSA and the CTS of any vacancies and subsequent appointments

OIG Analysis. Recommendation 6 is Resolved – Open. The actions planned by EOUSA to remind the USAOs of their responsibility to appoint CMCs and to alert EOUSA and the CTS of any vacancies and appointments are responsive to our recommendation. In order to close this recommendation, please provide a copy of the notice sent to the USAOs by March 30, 2007.

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

Summary of EOUSA and NSD Response. Both components agree with the recommendation and by March 5, 2007, will meet regarding the compilation of basic orientation materials that can be easily recreated and made available to each new CMC as they enter into the CMC position. The NSD will also continue to plan, in conjunction with the EOUSA National Advocacy Center, periodic training conferences for all CMCs.

OIG Analysis. Recommendation 7 is Resolved – Open. The actions planned by EOUSA and the NSD regarding the compilation of basic orientation materials for new CMCs are responsive to our recommendation. In order to close this recommendation, please provide a copy of the orientation materials by March 30, 2007, as well as a proposed schedule for CMC training conferences.

74. During the course of this review, the Counterterrorism Section (CTS) became part of the National Security Division.