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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(EOUSA), contains Executive Office policy, and is to be used in conjunction with the United States Attorneys' Policies and Procedures (USAPPs).

[Updated May 2016]


3-1.120 Responsibilities

The Director of EOUSA provides general executive assistance, supervision, oversight, and operational support to the United States Attorneys Offices (USAOs) and staff assistance to the Attorney General's Advisory Committee (AGAC). of United States Attorneys. In addition, the Director 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  Deputy Director (Counsel to the Director),  and a Deputy Director for Legal Management.

[updated May 2016]


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 To seek additional funding for the Emergency Witness Assistance Program (EWAP), United States Attorneys must submit requests to the Assistant Director, Victim-Witness Staff, EOUSA. VW Staff, EOUSA
3-8.130 If a consent decree will obligate the government to expend funds beyond the USAO's budget or beyond the current fiscal year, the consent decree must be reviewed and approved by the EOUSA before it is finalized. EOUSA
3-8.232 To serve a subpoena on an American citizen residing abroad, contact the Office of International Affairs (OIA), Criminal Division, or Office of Foreign Litigation(OFL), Civil Division. To obtain testimony of foreign nationals residing abroad, contact OIA or OFL. OIA Criminal Division or OFL, 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
3-8.710

Lodging for United States Attorneys and EOUSA employees at rates in excess of the government lodging rate must be approved in advance by the Director, a Deputy Director, or Chief Financial Officer, EOUSA.  For individuals other than the United States Attorney who are traveling on behalf of a USAO, lodging at rates in excess of the government lodging rate must be approved in advance by the United States Attorney.

Director, a Deputy Director, or Chief Financial Officer, EOUSA, for United States Attorneys and EOUSA employees; and,

The United States Attorney for Individuals Traveling on Behalf of the USAO

3-8.710 All United States Attorney travel must be approved in advance by the Director or a Deputy Director, EOUSA, except for travel within the United States Attorney’s federal judicial district and travel that may be processed using local travel procedures. Director or a Deputy Director, EOUSA
3-8.740 Requests for first-class travel requires approval of Deputy Director, RMP. Director or a Deputy Director, EOUSA
3-8.800 Payment of relocation expenses requires the advance approval of EOUSA’s Chief Financial Officer. EOUSA Chief Financial Officer
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 provide a working meal at a district conference requires the advance approval of the Director, EOUSA Director, EOUSA
EOUSA
Resource
Manual
at 113
To request printing of official court instruments, contact Printing/Procurement Unit, Justice Management Division (JMD), and the Assistant Director, Facilities and Support Services Staff (FASS), EOUSA. If the need is recurring, a DOJ-2 should be submitted to EOUSA requesting a contract. See USAM 3-13.100. AD/FASS, EOUSA & JMD, Printing/ Procurement Unit
3-13.232 To use forfeited property for official use, requests must be submitted to the Assistant Director, FASS, EOUSA.. AD/FASS, EOUSA
3-13.530 Except for two exceptions approved by the Attorney General, employees are not authorized under government regulations (41 C.F.R. 101-6.400) to use government vehicles for travel between their residence and place of work.  The Attorney General has authorized the use of government vehicles for home to work transportation for the performance of field work when: (1) an employee begins his or her work day at a location other than the employee’s regular duty station and the distance the employee travels between the employee’s home and the ultimate destination to conduct official business is beyond the accepted local commuting area; and/or (2) an employee begins his or her day by making two or more work-related stops within the employee’s accepted local commuting area before arriving at the employee’s regular duty station. AG through EOUSA
3-14.100;
.111
To acquire, relocate, or release space requires approval of the Assistant Director, FASS, EOUSA. See also USAM 3-13.100. AD/FASS, EOUSA
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 and USAM 1-13.000.  Such events include bomb threats which directly involve a USAO, threats against USAO personnel, and any natural or manmade 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.

 

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, Department 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
3-19.310;
.320
For witnesses residing outside of the United States, contact the Office of International Affairs (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 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 Division
3-19.812 The Office of International Affairs (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 Division OFL, Civil Division
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. 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 requirements. AG/DAG
DAG Memo
9/29/2000

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 May 2016]

Updated May 9, 2016