You are here

3-1.000 - Organization/prior Approvals

3-1.100 Organization—Introduction
3-1.120 Responsibilities
3-1.200 Prior Approval Requirements

3-1.100 Organization—Introduction

Title 3, Executive Office for United States Attorneys, contains Executive Office policy, and is to be used with the United States Attorneys' Administrative Procedures Handbook, and the Orientation Manual for United States Attorneys.

3-1.120 Responsibilities

The Director of the Executive Office for United States Attorneys (EOUSA) provides oversight, executive assistance and operational support to the United States Attorneys offices (USAOs) and to the Attorney General's Advisory Committee of United States Attorneys, and coordinates the relationship between the United States Attorneys and the components of the Department of Justice and other agencies. The Director is assisted by a Principal Deputy Director, Principal Associate Director and a Deputy Director for Operations.

[updated April 2003]

3-1.200 Prior Approval Requirements

3-2.170 To discuss recusal from a case or matter, contact General Counsel's Office and follow the procedures set out in USAP 3-2.170.001 (M). Approval is required by the Associate Deputy Attorney General, as delegated from the Deputy Attorney General. Associate Deputy Attorney General
3-2.200 To appoint or remove an Assistant United States Attorney. Authority to appoint an Assistant United States Attorney rests with the Director, OARM. Authority to remove an Assistant United States Attorney rests with the Director, EOUSA. Director, OARM or Director, EOUSA as appropriate.
3-4.213 The Director, EOUSA is responsible for administering the SAUSA program and Special Attorney (SA) program. Cross designation of State and Local attorneys and Assistant United States Attorneys, and appointment of Special Attorneys or Private Attorneys as SAUSAs, must be authorized by the EOUSA. See Administrative Procedures Handbook. EOUSA
3-4.316 Prior to requesting temporary appointments and extensions, approval is required from Personnel Staff, EOUSA. Requests for temporary work year allocations must be justified in writing and submitted to the attention of the Deputy Director, RMP, EOUSA. EOUSA
3-4.332 Districts that do not have delegated personnel authority can make no commitment to an applicant prior to completion of the certification process and approval of the Personnel Staff, EOUSA. Districts that do not have delegated personnel authority must obtain approval of Personnel Staff to make appointments. Personnel, EOUSA
3-4.334(A) Subject to case-by-case approval of Assistant AD Director (AD), Personnel, United States Attorneys are authorized to establish a sabbatical program with law schools. Personnel, EOUSA
3-4.334(B) To cross designate a federal prosecutor as a State AD or Local Prosecutor, approval is required from Assistant Director, Personnel Staff, EOUSA. Appointments are subject to some security restrictions. Personnel, EOUSA
3-4.451 For cash awards up to $7,500, or time-off awards up to 120 hours per leave year per employee, by Director, EOUSA, or the United States Attorney. Authority to grant time off awards in excess of one work day may be redelegated only if the approving official is at a higher organizational level than the recommending official. The Director, EOUSA and each United States Attorney may serve as recommending and approving officials. EOUSA/USA as appropriate.
3-4.511 To request exception to workyear ceilings in each employment category (Assistant United States Attorney, paralegal, support staff, students), for each type of appropriation, approval is required by Deputy Director Resource Management and Planning (RMP), EOUSA. Deputy Director RMP
3-4.550 Unless an exception is granted by the Director, EOUSA, only United States Attorneys may sign their own T&A reports, as certifying officer. Director, EOUSA
3-4.630 To request more that 52 weeks of LWOP, approval is required from Director, EOUSA. This approval does not apply to actions related to matters involving the at Office of Workers' Compensation. Director, EOUSA
3-7.340 United States Attorneys must seek additional AD funding for the Emergency Witness Assistance Program (EWAP), from the Assistant Director, LECC/VW Staff, EOUSA. Requests for funds from the Victims of Crime Fund should be sent directly to the Office for Victims of Crime. LECC/VW Staff EOUSA
3-8.130 Expenditures and obligations under the Anti-Deficiency Act set forth at USAM 3-8.130— to obligate the government to expend funds beyond districts' litigation budget, approval is required from EOUSA. EOUSA
3-8.210 Upon approval of the Deputy Director, Resource, Management and Planning (RMP), authorization can be obtained to pay for the services of interpreters and stenographers if none are available in an embassy or consulate. The Office of International Affairs in the Criminal Division should be consulted in the case of depositions to be taken in the U.S. at the request of a foreign court. If foreign witnesses are to be examined on the premises of the diplomatic or consular mission, arrangements should be made in advance with the Special Authorization Unit, JMD, to provide advance authority to the consular official to reimburse these witnesses in the same manner as those appearing in federal courts. Deputy Director RMP
3-8.232 To serve a subpoena on an American citizen residing OIA abroad, contact the Office of International Affairs (OIA), Criminal Division, or Office of Foreign Affairs (OFA), Civil Division. To obtain testimony of foreign nationals residing abroad, contact OIA or OFA. Criminal or OFA, Civil Division
3-8.630 Revocation of an existing or nomination of a new certifying officer requires approval of the Deputy Director, RMP, EOUSA. Deputy Director RMP
3-8.730 All official foreign travel for employees occupying Executive Schedule and SES positions requires approval of Deputy Attorney General. This policy includes the United States Attorneys. DAG
3-8.740 Requests for first-class travel requires approval of Deputy Director, RMP. Deputy Director, RMP
3-8.800 Requests for relocation expenses requires approval of Deputy Director, RMP. Deputy Director RMP
3-8.900 Request to hold LECC asset forfeiture training funded from Asset Forfeiture Funds requires approval of LECC/VW Staff, EOUSA. LECC/VW Staff, EOUSA
3-8.990 To seek authorization for a working meal at a district conference requires approval of Deputy Director, RMP, EOUSA. Deputy Director RMP
at 113
To request printing of official court instruments, contact Printing/Procurement Unit, JMD, and Assistant Director, Facilities Management and Support Services Staff (FMSS), EOUSA. If the need is recurring, a DOJ-2 should be submitted to EOUSA requesting a contract. See USAM 3-13.100. AD/FMSS EOUSA JMD, Pnt/ Procurement Unit
3-13.232 To use forfeited property for official use, request must be submitted to the Assistant Director, Facilities Management and Support Services, EOUSA. AD/FMSS EOUSA
3-13.530 Except for few narrow exceptions, employees are not and authorized under government regulations Resource (41 C.F.R. 101-6.400) to use government vehicles for Manual 130 travel between residence and place of work. Exceptions include: 1) when it is in the interest of the government that an employee travel start from the employee's residence rather than place of employment and written authorization to start travel from the employee's residence is secured (the vehicle may be temporarily stored at the employee's residence at the conclusion of a trip if approved under the same conditions); or 2) when used by employees engaged in field work, the character of which makes such transportation necessary and the approval of which (on an individual or group basis) has been approved by the Attorney General through EOUSA for home to work transportation. AG through EOUSA
To acquire, relocate, or release space requires approval of Assistant Director, FMSS EOUSA. See also USAM 3-13.100. AD/FMSS
3-15.160 To submit urgent reports about significant events or events of media interest or concern to the Attorney General and Deputy Attorney General, follow instructions set forth at USAM 3-15.160. 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. The urgent report procedures should also be followed for communicating significant developments to the Department of Justice in new or pending important cases. For example:

  1. Where a Justice Department litigating division has assumed responsibility for a case—one week advance notice should be provided to the appropriate supervisor whenever a major case development can be anticipated. A supervisor shall immediately report such information to the appropriate Assistant Attorney General. Upon receipt of the urgent report, the Assistant Attorney General shall notify the Associate Attorney General, when appropriate, the Deputy Attorney General and the Attorney General.
  2. In cases where the USAO controls litigation, communication of major developments should be made to the EOUSA as soon as possible, and where the development can be controlled, at least one week in advance. An urgent report is required even where verbal notice has been been given. EOUSA shall assume responsibility for further dissemination of the Urgent Report.
  3. In cases where the USAO and DOJ litigating division are jointly involved in litigation, the USAO should report any major developments to the EOUSA via the email Urgent Report system. Verbal discussion with litigating division is no substitute for this responsibility.
  4. Suggested criteria for determining what are major developments are: 1) implications cutting across several federal agencies; 2) large monetary liability at issue; 3) State or local government unit as a party; 4) involvement of some aspect of foreign relations; 5) high likelihood of coverage in news media, or Congressional interest; and 6) any serious challenge to Presidential authority or national security concerns. See USAM Chapter 1-13.000.
3-15.170 The Deputy Attorney General may authorize the appointment of United States Attorney personnel as Special Deputy United States Marshals to enable them to carry firearms for personal protection in accordance with the April 29, 1999, DOJ policy pertaining to the appointment of United States Attorney Personnel as Special Deputy United States Marshals. Follow instructions set forth in the EOUSA Resource Manual at 132. DAG
3-18.100 All surveys, questionnaires, and requests for information should be submitted to the Counsel to the Director, EOUSA, for coordination and assistance. CTD, EOUSA
3-18.120 If contacted by GAO, another component of the Department, or anyone else concerning a GAO visit, ontact the Counsel to the Director, EOUSA. CTD, EOUSA
For witnesses residing outside of the United States, contact the OIA, Criminal Division, prior to contacting United States citizens and Alien residents who are in foreign countries and whose status as United States immigrants is unchanged. Since foreign nationals residing in the foreign countries are not subject to the subpoena power of U.S. courts, their attendance can be obtained only on a voluntary basis. Obtaining testimony from foreign nationals is often a delicate matter, and care must be taken to avoid offending the sovereignty of the foreign country involved. OIA Criminal Div.
3-19.812 OIA, Criminal Division, or Office of Foreign Litigation (OFL), Civil Division should be consulted in the case of depositions to be taken in the United States at the request of a foreign court. OIA Criminal Div OFL, Civil
3-19.851 Psychiatric examinations in tort cases, to determine the extent of injuries, require approval in the same manner as other expert witness requests are submitted. These examinations must not take place without written approval of the opposing counsel, or a court order under Fed.R.Civ.P. 35. Opposing Counsel/or Court Order
5 CFR 600.603 Approval is required of the Attorney General/ Deputy Attorney General for waiver of time-in-grade requirement. AG/DAG
DAG Memo
Deputy Attorney General approval is required for detailees to: 1) any agency within the Executive Office of the President; 2) another branch of the Federal Government; 3) Offices of Special Counsel; 4) international agencies; or 5) assignments made under the Intergovernmental Personnel Act (IPA). DAG

[updated April 2013]

Updated June 1, 2015