BOP Program Statement 5508.02 § 9

a. In the event of an "advisory response", the FBI will deploy

FBI crisis management assets to assist/advise the Bureau's crisis

response resources.

b. In the event of an operational response, the FBI will

respond with an FBI On-Scene Commander and a command and control

element.

c. In all cases, when time permits, each agency's senior staff

member on-site shall contact his/her headquarters to discuss

proposed actions.

# Upon arrival of the FBI crisis response resources

during an FBI operational response, the FBI and Bureau

shall immediately form a joint command post.

# Once an FBI operational response is fully activated at

the scene, the FBI On-Scene Commander assumes

responsibility of all crisis management assets (Bureau

and FBI) in terms of planning for and executing plans

for incident resolution.

# The Bureau On-Scene Commander retains overall

responsibility for the institution and the incident.

d. Bureau and FBI Headquarters command centers shall establish

and maintain a direct link throughout the duration of the

incident to exchange information and address issues of mutual

concern.

# Issues that cannot be resolved at the scene or at the

command center level will be addressed at headquarters

level by senior Bureau and FBI staff.

e. The FBI On-Scene Commander will conduct additional criminal

investigations following the resolution of the incident,

including crime scene investigation, if appropriate.

P.S. 5508.02

December 12, 1996

Page 4

# Debriefing of all officials involved is required and

shall be accomplished as soon as possible after the

resolution of the incident and will be coordinated

through the FBI On-Scene Commander.

# The Bureau's policy regarding post incident interviews

and investigation is not superseded by this

requirement. Refer to the Program Statement on After-Action Reporting and Review for further information.

\s\

Kathleen M. Hawk

Director

P.S. 5508.02

December 12, 1996

Attachment A, Page 1

MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE FEDERAL BUREAU OF PRISONS (BOP)

AND THE FEDERAL BUREAU OF INVESTIGATION (FBI)

ON HOSTAGE OR CRISIS INCIDENTS AT BUREAU OF PRISONS FACILITIES

I. PURPOSE: This Memorandum of Understanding (MOU) is to

establish interagency operational policy guidelines for Federal

Bureau of Prisons (BOP) and Federal Bureau of Investigation (FBI)

personnel for the successful resolution of hostage situations or

criminal actions which require FBI presence at BOP facilities.

II. JURISDICTION:

A. The BOP has primary responsibility for all operations

at federal correctional facilities during routine and

emergency operations.

B. The FBI has primary investigative responsibility for

all violations of Title 18 (T18), United States Code

(USC), Section 13 (Crimes on a Government Reservation)

(CGR) including the jurisdiction as defined in Section

7 (Special maritime and territorial jurisdiction of the

United States defined).

C. The FBI also has investigative responsibility for

criminal activities at BOP facilities, to include

hostage situations or similar incidents, under T18,

USC, Sections 1791 and 1792 (Irregularities in Federal

Penal Institutions), and T18, USC, Section 1203 Hostage

Taking.

III. DEFINITIONS:

As used herein:

A. "BOP On-Scene Commander" refers to a BOP field

commander whom the BOP Director has designated as in

charge of the BOP facility.

B. "FBI On-Scene Commander" refers to an FBI SAC or SAC's

designee who is in charge of the FBI resources during

an operational response by the FBI.

C. An "advisory response" is a minimal FBI response during

which the FBI deploys FBI crisis management assets to

assist/advise the crisis response resources of the BOP.

At this level response, the FBI SAC or SAC's designee

will deploy as the FBI's on-scene coordinator. The FBI

will not deploy an FBI command and control element.

P.S. 5508.02

December 12, 1996

Attachment A, Page 2

D. An operational response is defined as one during which

the FBI deploys significant FBI crisis management

resources, as necessary, to resolve the crisis. This

level response may consist of HRT deployment, and/or

multiple FBI field office SWAT teams, and/or crisis

negotiation/behavioral specialists and/or technical

personnel. An operational response will always be

accompanied by an FBI SAC or SAC's designee and an FBI

command and control element.

IV. ADVANCE COORDINATION:

A. BOP Wardens and FBI SACs will develop a program to

exchange information concerning each BOP facility

within a field division's territory. This program will

include the specifics of how joint operations will be

implemented, site surveys, appropriate interagency

training, and logistical support during a crisis

situation.

B. BOP and FBI crisis response plans will be prepared by

executive management personnel at BOP facilities and

FBI field divisions to address specific crisis

management requirements at each BOP facility. The

crisis response plans will reflect the terms of this

MOU and be periodically updated.

V. IMPLEMENTATION: The decision as to whether FBI involvement

constitutes an advisory or operational response will be dependent

on the circumstances of the incident, the request from the BOP

On-Scene Commander and, as necessary, additional direction and/or

guidance from BOP and FBI Headquarters.

VI. COMMAND, CONTROL, AND COORDINATION:

A. In the event of an advisory response by the FBI, the

BOP On-Scene Commander will retain command and control

of all aspects of the crisis response. BOP

Headquarters will retain overall command and control of

the incident. The BOP On-Scene Commander will also

coordinate with the FBI and keep the FBI informed of

all developments. The FBI will have a person

designated to the BOP command post.

P.S. 5508.02

December 12, 1996

Attachment A, Page 3

1. FBI advisors may be part of HRT, field SWAT,

crisis negotiators, behavioral specialists,

technical personnel, or other assets as agreed

upon by the FBI SAC or SAC's designee and BOP On-Scene Commander.

B. In the event of an operational response by the FBI,

which will include an FBI On-Scene Commander and a

command and control element, the BOP and FBI On-Scene

Commanders will work cooperatively toward resolution of

the crisis. All actions of the FBI On-Scene Commander

will be closely coordinated with the BOP On-Scene

Commander who retains overall responsibility for the

institution operations and the incident.

1. During an FBI operational response, the FBI and

BOP will immediately form a joint command post

upon the arrival of FBI crisis response resources.

2. Once the FBI fully activates an operational

response at the scene, the FBI On-Scene Commander

will assume responsibility of all crisis

management assets (BOP and FBI) in terms of

planning for and executing plans for incident

resolution. The FBI On-Scene Commander will

consult and coordinate with the BOP On-Scene

Commander who retains overall responsibility for

the institution and the incident.

3. BOP and FBI Headquarters command centers will

establish a direct link throughout the duration of

the incident to exchange information and to

address issues of mutual concern as they arise.

Issues that cannot be resolved at the scene of the

incident or at the command center level will be

addressed at headquarters level by senior BOP and

FBI staff.

C. The FBI On-Scene Commander, in consultation with the

BOP On-Scene Commander, may initiate an emergency

assault should there be imminent threats to life or of

serious injury to hostages, inmates, or law enforcement

personnel. In all other circumstances, no planned

tactical resolution will be initiated without prior

specific approval from both BOP and FBI Headquarters.

P.S. 5508.02

December 12, 1996

Attachment A, Page 4

D. The FBI On-Scene Commander will conduct additional

criminal investigation following the resolution of the

incident, including crime scene investigation, if

appropriate. Debriefings of all officials involved are

required and will be accomplished as soon as possible

after the resolution of the incident and will be

coordinated through the FBI On-Scene Commander. This

requirement does not supersede the BOP's policy

regarding post incident interviews and investigation.

VII. TERMS OF AGREEMENT: This MOU will take effect immediately

upon signature of all parties.

For the Federal Bureau of Investigation:

\SIGNED\ \10-25-96\

LOUIS J. FREEH Date

Director

For the Federal Bureau of Prisons:

\SIGNED\ \10-24-96\

KATHLEEN M. HAWK Date

Director