3-13.232
Use by United States Attorney Offices of Forfeited Vehicles and
Other Property
|
Title 40 U.S.C. Section 304(h) authorizes a federal agency to retain
forfeited property for official use. Title 28 U.S.C. Sec. 881(e)(1) also
allows the Attorney General to retain forfeited property for official use.
Title 40 U.S.C. Section 304(i) allows the government to apply to the court
to order delivery of forfeited property "to any other agency which requests
and in his judgment should be given such property," and, if the government
prevails in the forfeiture action, the court "should . . . order delivery
accordingly."
All requests for official use by any United States Attorney's Office of
any type of forfeited property shall be submitted to the Assistant Director,
Facilities Management and Support Services, EOUSA for prior approval. This
includes any vehicle or other property which may presently be utilized
without prior approval. For further guidance, see the EOUSA Resource Manual at 186.
[cited in USAM 3-1.200]
[updated August 1999]
3-13.240
Seized Property
|
All seized property is the responsibility of the U.S. Marshal's Service
and should be in its custody at all times.
The United States Attorney should, upon request, furnish the U.S.
Marshal with information as to the probable disposition date of cases in
which seized property is involved, and the reasons for delays in
termination.
3-13.250
Evidence
|
Normally, United States Attorneys' offices (USAOs) should not have
custody of evidence. Under most circumstances, evidence should remain in
the custody of the investigating agency. When evidence is required in court
the agencies handling the case, or other representative of the investigating
agency, should bring the evidence and retain custody until the material is
introduced as evidence, at which point it becomes the responsibility of the
United States Marshal, the Clerk, and the Court.
Timely arrangements shall be made with the United States Marshals
Service (USMS), or other agencies subject to the court's policy, for the
storage of all evidence pending its formal disposition by court order,
except drugs. If the evidence involves drugs or drug paraphernalia, such
evidence will remain in the custody of the federal agent in charge of the
case, who will ensure the integrity of the evidence is secured and all
evidence is present at the court proceeding.
Documentary Evidence
Generally, the only occasion when evidence might be stored in the USAO
is when documentary evidence, secured under a grand jury subpoena, is
delivered into the custody of the United States Attorney. As long as such
documentary evidence is needed, it should be kept under appropriate security
arrangements. As soon as there is no further need for the evidence, such as
when a determination is made that evidence will not be introduced and is
unnecessary, it should be returned to the owner. Exhibits and abandoned or
unclaimed property, in connection with litigation, which the USAO cannot
return to its lawful owner, should be turned over to the USMS for
disposal.
If additional space is needed to store such evidence, the usual
procedures for procurement of space should be followed.
Physical Evidence
USAOs may be authorized storage of physical evidence under exceptional
circumstances and for such short periods of time as necessary to present
the evidence to the court or grand jury.
When accepting the custody of evidence is justified, USAOs shall, as a
minimum, initiate the following procedures:
(1) Establish and maintain a permanent log of evidence transferred to and
from their custody;
(2) Issue, as well as require, receipts for evidence transferred to and from
their custody;
(3) Ensure all evidence is stored in secure facilities.
Sensitive High-Risk Physical Evidence
Storage of sensitive high-risk physical evidence, such as weapons,
drugs, cash, negotiable instruments, or any other dangerous or valuable
items, in USAOs is strongly discouraged. However, under exceptional
circumstances storage may be allowed in areas and containers which have been
approved by the Executive Office for United States Attorneys (EOUSA) and
meet the following conditions:
(1) A one-time written request by the United States Attorney to EOUSA
with
full justification for the need to establish a sensitive high-risk storage
area is approved by the Director, EOUSA;
(2) Written certification by the District Office Security Manager that the
proposed storage area and containers meet EOUSA's sensitive high-risk
physical evidence storage standards will satisfy interim certification
requirements. Completion of a one-time, on-site security survey by the
Security Programs Staff (SPS), EOUSA is required prior to final
certification of the area;
(3) A written agreement between the USAO and the Special Agent-in-Charge or
appropriate supervisory official of the investigative agency, requiring the
storage of sensitive high-risk physical evidence. The agreement will state
the USAO will not assume custody of the evidence, but will only provide
storage facilities which will allow the agency to retain complete custody
of, and full control over, access to the sensitive high-risk physical
evidence;
(4) A one-time review and approval by SPS of the office's operational and
administrative procedures for the storage of sensitive high-risk physical
evidence to ensure compliance with EOUSA guidelines.
Under no circumstances will the storage of explosives, high quantities
of ammunition, flammable devices, or chemicals be allowed.
[updated July 2000]
3-13.300
Office Files
|
The records and files of all United States Attorneys' offices should be
maintained in current and orderly manner, and shall be disposed of in
accordance with the
General Records Schedules issued by the National Archives and
Records Administration (NARA), or the retention schedules approved
specifically for EOUSA and USAOs by the Archivist of the United States
(see NARA's Web site at:
http://www.archives.gov/records-mgmt/rcs/ for Records Group (RG) 60 and
RG118). Non-record materials,
e.g., extra copies of correspondence and duplicate copies of records, may be
destroyed without disposition authority. See also USAP 3-13.300.001 and
USAP 3-13.300.005.
Further guidance on these issues can be found in the
EOUSA Resource Manual
|
[updated March 2011]
3-13.310
Retention Schedules Approved Specifically for EOUSA and USAOs by the Archivist of the United States
| | |
| Areas Served
| Federal records center
| Areas served
| Federal records center
| | District of Columbia, Maryland, West Virginia, and
Virginia (except U.S. Court records).
| (Mailing address only) Washington National Records Center
Washington, DC 20409
(Shipping address only) Washington National Records Center
4205 Suitland Road
Suitland, MD
| Kansas, Iowa, Nebraska, and Missouri except greater St. Louis area.
| Federal Records center
2312 East Bannister Rd.
Kansas City, MO 64131
| | Texas, Oklahoma, Arkansas, Louisiana, and New Mexico.
| Federal Records Center
P.O. Box 6216
Fort worth, TX 76115
| Colorado, Wyoming, Utah, Montana, North Dakota, and South Dakota.
| Federal Records Center
Bldg. 48
Denver Federal Center
P.O. Box 25307
Denver, CO 80225
| | Personnel records, medical and pay records of all Federal
Government personnel. Records of agencies in greater St. Louis, MO area.
| National Personnel Records Center
111 Winnebago St.
St. Louis, MO 63118
| Nevada except Clark County, California except southern California, and
Guam and American Samoa.
| Federal Records Center
1000 Commodore Dr.
San Bruno, CA 94066
| | Maine, Vermont, New Hampshire, Massachusetts,
Connecticut, and Rhode Island.
| Federal Records Center
380 Trapelo Rd.
Waltham, MA 02154
| Arizona, Clark County, Nevada, and southern California (counties of San
Luis Obisbo, Kern, San Bernadino, Santa Barbara, Ventura, Orange, Los
Angeles, Riverside, Inyo, Imperial, and San Diego).
| Federal Records Center
24000 Avila Rd.
Laguna Niguel, CA 92677
| | New York, New Jersey, Puerto Rico and the Virgin Islands.
| Federal Records Center
Military Ocean
Terminal Building 22
Bayonne, NJ 07002
| Washington, Oregon, Idaho, Alaska, and Hawaii.
| Federal Records Center
6125 Sand Point Way
Seattle, WA 98115
| | Delaware, Pennsylvania, and U.S. Court records for
Maryland, Virginia, and West Virginia.
| Federal Records Center
5000 Wissahicken Ave.
Philadelphia, PA 19144
| Illinois, Wisconsin, Minnesota, and U.S. Court Records for Indiana,
Michigan, and Ohio.
| Federal Records Center
7358 South Pulaski Rd.
Chicago, IL 60629
| | North Carolina, South Carolina, Tennessee, Mississippi,
Alabama, Georgia, Florida, and Kentucky.
| Federal Records Center
1557 St. Joseph Ave.
East Point, GA 30044
| Indiana, Michigan, and Ohio, except for U.S. Court records.
| 3150 Bertwynn Dr.
Dayton, OH 45439
|
3-13.321
Standardized Forms
|
See the EOUSA Resource Manual at
127.
3-13.400
Reporting and Transcription Services
|
Pursuant to the Federal Acquisition Regulation (FAR), contracts for
reporting services for grand jury sessions and/or depositions will be
competed and awarded using a Blanket Purchase Agreement (BPA) if the
requirements do not exceed $100,000 per fiscal year. For all requirements
that exceed $100,000 and for special conditions where the awarding of a BPA
is not feasible, requirements and an OBD-186, should be forwarded to
Procurement Services Staff (PSS), JMD, for the awarding of a formal
contract. District personnel should review their Delegation of Procurement
Authority (DPA) for guidance.
See also the EOUSA Resource Manual at
128.
3-13.410
Use of Official Court Reporters
|
Be advised that all services such as Grand Jury, deposition and other
reporting services not normally provided through official court proceedings
may not be obtained by use of the services of an official court reporter or
a firm owned by an official court reporter. This requirement is based on the
section 3.601 of the Federal Acquisition Regulations (FAR) which prohibits
this action. See the EOUSA Resource Manual
at 129.
3-13.500
Motor Vehicle Management—Acquisition of Leased Government
Vehicles
|
USAOs have been delegated authority to acquire leased motor vehicles
from their local GSA Fleet Management Office. Code of Federal Regulations
101-38.103 authorizes use of only Class II compact sedans. Mini vans and 4X4
sport utility vehicles may only be acquired if special needs exist; i.e.,
weather or transportation of large parcels that will not fit in a compact
sedan. Because these vehicles are more expensive than the Class II compact
sedans, special needs must be documented.
If a vehicle is not available from your local GSA Fleet Management
Office, the vehicle may be available through the Department of Justice
Commercial Lease Program. Requests for vehicles unavailable from the local
GSA Fleet Management Office must be submitted in writing to the Executive
Office for United States Attorneys, Attention: Assistant Director,
Facilities Management and Support Services (FMSS).
Funding for leased vehicles comes from the district's travel budget. See
the EOUSA Resource Manual at 150 for further
discussion.
[cited in
EOUSA Resource Manual 150]
3-13.512
Motor Vehicle Management—References
- 41 C.F.R. Subpart 101-26.501-9 Centralized Motor
Vehicle Leasing
Program
- 41 C.F.R. Subpart 101-38.101 Acquisition of Motor Vehicles
- 41 C.F.R. Subpart 101-38.103 Mandatory Provisions Affecting
the
Acquisition and Use of Motor Vehicles.
- 41 C.F.R. Subpart 101-38.3 Official Use of Government Motor
Vehicles
- 41 C.F.R. Subpart 101-39.2 GSA Interagency Fleet Management
System Services
- Executive Order 13043, dated April 16, 1997, Federal Employees
Use
of Seat Belts While on Official Business
[updated May 1998]
3-13.520
Motor Vehicle Management—Internal Control of
Vehicles—Logging Requirements
|
Each district that has motor vehicles will establish necessary
procedures to maintain logs on the use of government vehicles which are
utilized within the district and also to establish any home-to-work
transportation used for official purposes.
The log shall be accessible for audit and contain at least the following
information:
- Date/Time (out and in);
- Name and title of employee;
- Name and title of person authorizing use;
- Vehicle identification;
- Vehicle destination;
- Odometer reading (beginning and end);
- Purpose (including circumstances requiring home-to-work
uses
3-13.530
Official Use of Government Vehicles
|
Employees of the United States Attorneys' Offices and the
Executive Office for the United States Attorneys, are not
authorized under government regulations (41C.F.R. 101-6) to use
government vehicles for travel between residence and place of
work. Commuting to and from work is considered a personal matter
and not an official act. Except for a few narrow exceptions,
government vehicles cannot be used for personal purposes.
See the EOUSA Resource Manual
at 130 for guidance on authorized uses of government
vehicles. See also the EOUSA
Resource Manual at 151 (using state license plates on
official government vehicles). See also the EOUSA Resource manual at 151/2151
(using state
licence plates on official government vehicles).
President Clinton on April 16, 1997 issued Executive order 13043,
mandating the policy that each Federal employee occupying any seating
position of a motor vehicle on official business, whose seat is equipped
with a seat belt, shall have the seat belt properly fastened at all times
when the vehicle is in motion. See the
EOUSA Resource Manual at 154.
[updated February 1999]
[cited in USAM 3-1.200;
EOUSA Resource Manual 130]
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