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3-13.000
PROCUREMENT/PROPERTY
MANAGEMENT

3-13.100 Delegation of Procurement Authority (DPA)
3-13.200 Property Management
3-13.232 Use by United States Attorney Offices of Forfeited Vehicles and Other Property
3-13.240 Seized Property
3-13.250 Evidence
3-13.300 Office Files
3-13.310 Comprehensive Retention Schedule
3-13.321 Standardized Forms
3-13.400 Reporting and Transcription Services
3-13.410 Use of Official Court Reporters
3-13.500 Motor Vehicle Management -- Acquisition of Leased Government Vehicles
3-13.512 Motor Vehicle Management -- References
3-13.520 Motor Vehicle Management -- Internal Control of Vehicles -- Logging Requirements
3-13.530 Official Use of Government Vehicles Between Residence and Place Of Employment

3-13.100 Delegation of Procurement Authority (DPA)

United States Attorneys are delegated procurement authority by the Director, Procurement Services Staff (PSS), Justice Management Division (JMD) in accordance with Federal Acquisition Regulations (FAR), Title 48 Code of Federal Regulations (CFR) Part 13 and the Justice Acquisition Regulations (JAR).

United States Attorneys may redelegate this procurement authority to other individuals provided the redelegation states that the authority may not be further redelegated. When the United States Attorney redelegates this authority, a copy of the redelegation and the certificate of completion of the requisite training, (40 hours Simplified Acquisitions Course) shall be provided to the Director, PSS, JMD. Upon receipt, PSS will issue a Certificate of Appointment as a Contracting Officer for the United States of America to the individual(s) to whom this authority is redelegated.

For further information on this topic, and guidance on printing regulations, see the EOUSA Resource Manual at 113.

3-13.200 Property Management

The Federal Property Management Regulations (FPMRs) CFR, Title 41, Chapter 101, and the Justice Property Regulations (JPMRs) Chapter 128-1 govern and guide Federal agencies in the acquisition, utilization management, and disposal of real and personal property. Property management includes inventory; accountability of property; excess property; loss or stolen property; and disposal of damaged property.

Further Guidance on Property Management can be found in the EOUSA Resource Manual

Property Management Definitions EOUSA Resource Manual at 114
Property Management Responsibilities EOUSA Resource Manual at 115
Property Management -- Physical Inventories EOUSA Resource Manual at 116
Property Management -- Conducting Physical Inventories EOUSA Resource Manual at 117

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.

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.

[July 2000 Bluesheet]

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.

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 comprehensive retention schedule for United States Attorneys' records (USAM 3-13.310). Non-record materials, e.g., obsolete forms, publications, extra copies of correspondence and duplicate copies may be destroyed without disposition authority.

Further guidance on these issues can be found in the EOUSA Resource Manual

Docket Records EOUSA Resource Manual at 119
Case Files EOUSA Resource Manual at 120
Maintenance of Attorney-Client
Information 		EOUSA Resource Manual at 121
Closing Notice for Case Files EOUSA Resource Manual at 122
Designation of Permanent
(Historical) Cases 		EOUSA Resource Manual at 123
Preparing Records for Transfer
to the Federal Records Center
(FRC) 		EOUSA Resource Manual at 124
Boxing Records for Transfer EOUSA Resource Manual at 125
Standard Form 135, Records
Transmittal and Receipt 		EOUSA Resource Manual at 126

3-13.310 Comprehensive Retention Schedule

.--.-------------.----------------------.-----------------------.
|I |       A     |           B          |           C           |
|T |             |                      |                       |
|E |             |                      |                       |
|M |             |                      |                       |
|  .-------------.----------------------.-----------------------.
|  |    Record   |      Description     |      Disposition      |
|  |    Series   |                      |      Instruction      |
.--.-------------.----------------------.-----------------------.
|1 |Closed civil |Case files initiated  |PERMANENT.  Offer      |
|  |and criminal |before 1889.          |immediately to the     |
|  |case files   |                      |National Archives and  |
|  |(including   |                      |Records Administration |
|  |bankruptcy). |                      |(NARA).                |
|  |             |                      | (NC-118-76-1(1a))     |
.--.             .----------------------.-----------------------.
|2 |             |Case files for        |PERMANENT.  Offer      |
|  |             |territorial periods   |immediately to NARA.   |
|  |             |1912 and earlier.     | (NC1-118-83-1(1))     |
.--.             .----------------------.-----------------------.
|3 |             |Case files selected   |PERMANENT.  Transfer   |
|  |             |as significant        |separately from other  |
|  |             |because the issue     |case files to the      |
|  |             |had an impact on a    |Federal Records Center |
|  |             |statute, rule,        |(FRC) one year after   |
|  |             |regulation, or law    |case is closed.  Offer |
|  |             |enforcement policy,   |to NARA 30 years after |
|  |             |e.g., set a           |case is closed.  (NC1- |
|  |             |precedent, or         |118-76-1(1c)) (N1-118- |
|  |             |received  local,      |90-1(1a))              |
|  |             |regional or national  |                       |
|  |             |media attention, or   |                       |
|  |             |the interest of a     |                       |
|  |             |Congressional         |                       |
|  |             |committee or the      |                       |
|  |             |Executive Office of   |                       |
|  |             |the President, or     |                       |
|  |             |widespread public     |                       |
|  |             |interest.  Includes   |                       |
|  |             |case files closed by  |                       |
|  |             |the former Strike     |                       |
|  |             |Force Field Offices   |                       |
|  |             |prior to 12-31-89.    |                       |
.--.             .----------------------.-----------------------.
|4 |             |Case files involving  |Transfer separately by |
|  |             |sentences of 10       |year of closing to the |
|  |             |years or less         |FRC one year after     |
|  |             |(including no         |case is closed.        |
|  |             |sentence and civil    |Destroy 10 years after |
|  |             |cases), which have    |case is closed.        |
|  |             |not been selected as  |Include the following  |
|  |             |significant.          |statement in column    |
|  |             |Includes case files   |6(f). Form             |
|  |             |closed by former      |SF-135: "CASE(S) HAVE  |
|  |             |Strike Force Field    |BEEN REVIEWED FOR      |
|  |             |Offices prior to 12-  |HISTORICAL VALUE AND   |
|  |             |31-89.                |NONE ARE SIGNIFICANT   |
|  |             |                      |IN TERMS OF LEGAL      |
|  |             |                      |IMPACT OR INTENSITY OF |
|  |             |                      |PUBLIC INTEREST." (NC- |
|  |             |                      |118-76-1(1))           |
|  |             |                      | (N1-118-90-1(1b(1))   |
.--.             .----------------------.-----------------------.
|5 |             |Case files involving  |Transfer separately by |
|  |             |sentences of more     |year of closing to the |
|  |             |than 10 years         |FRC one year after     |
|  |             |(excluding life       |case is closed.        |
|  |             |sentence cases),      |Destroy one year after |
|  |             |which have not been   |termination of         |
|  |             |selected as           |sentence, including    |
|  |             |significant.          |special parole.        |
|  |             |Includes case files   |Include the following  |
|  |             |closed by former      |statement in column    |
|  |             |Strike Force Field    |6(f),  Form SF-135,    |
|  |             |Offices prior to 12-  |CLOSE CASE(S)          |
|  |             |31-89.                |INVOLVING SENTENCES    |
|  |             |                      |THAT END IN THE YEAR   |
|  |             |                      |__.  CASES (S) HAVE    |
|  |             |                      |BEEN REVIEWED FOR      |
|  |             |                      |HISTORICAL VALUE AND   |
|  |             |                      |NONE ARE SIGNIFICANT   |
|  |             |                      |IN TERMS OF LEGAL      |
|  |             |                      |IMPACT OR INTENSITY OF |
|  |             |                      |PUBLIC INTEREST.       |
|  |             |                      |(NC-118-76-1(1d(2))    |
|  |             |                      |(N1-118-90-1(1b(2))    |
.--.             .----------------------.-----------------------.
|6 |             |Case files involving  |Transfer separately to |
|  |             |life sentences not    |the FRC one year after |
|  |             |selected as           |case is closed.        |
|  |             |significant.          |Destroy 65 years after |
|  |             |                      |case is closed, or one |
|  |             |                      |year after death of    |
|  |             |                      |offender, whichever is |
|  |             |                      |sooner. (N1-118-89-    |
|  |             |                      |2(2))                  |
.--.-------------.----------------------.-----------------------.
|7 |Outstanding  |Case files selected   |U.S. Attorneys may,    |
|  |fugitives    |as significant        |based on space         |
|  |warrant      |because the issue     |constraints, transfer  |
|  |criminal     |had an impact on a    |to the FRC under       |
|  |case files.  |statute, rule,        |separate accession,    |
|  |             |regulation, or law    |five years after an    |
|  |             |enforcement policy,   |outstanding fugitive   |
|  |             |e.g., set a           |warrant is issued and  |
|  |             |precedent; or         |the fugitive has not   |
|  |             |received local,       |been apprehended.      |
|  |             |regional or national  |Transfer to NARA 50    |
|  |             |media attention, or   |years after an         |
|  |             |the interest of a     |outstanding fugitive   |
|  |             |Congressional         |warrant is issued and  |
|  |             |committee or the      |the fugitive has been  |
|  |             |Executive Office of   |apprehended or upon    |
|  |             |the President, or     |the death of the       |
|  |             |widespread public     |fugitive,  whichever   |
|  |             |interest.             |is sooner.  (NOTE      |
|  |             |                      |SPECIAL PROCEDURE.  If |
|  |             |                      |the fugitive is        |
|  |             |                      |apprehended within the |
|  |             |                      |50 year retention      |
|  |             |                      |period, the entire     |
|  |             |                      |case will be           |
|  |             |                      |permanently withdrawn  |
|  |             |                      |from the FRC.  Upon    |
|  |             |                      |completion of          |
|  |             |                      |litigation, the closed |
|  |             |                      |case will be           |
|  |             |                      |transferred to the FRC |
|  |             |                      |under a new accession, |
|  |             |                      |using the disposition  |
|  |             |                      |authority for closed   |
|  |             |                      |significant cases,     |
|  |             |                      |item 3.)  (N1-118-91-  |
|  |             |                      |1(1a))                 |
.--.             .----------------------.-----------------------.
|8 |             |Case files that do    |U.S. Attorneys may,    |
|  |             |not meet the          |based on space         |
|  |             |criteria for          |constraints, and       |
|  |             |significant cases.    |provided the volume of |
|  |             |                      |each case is more than |
|  |             |                      |two cubic feet,        |
|  |             |                      |transfer to the FRC    |
|  |             |                      |under separate         |
|  |             |                      |accession, five years  |
|  |             |                      |after an outstanding   |
|  |             |                      |fugitive warrant is    |
|  |             |                      |issued and the         |
|  |             |                      |fugitive has not been  |
|  |             |                      |apprehended.   Destroy |
|  |             |                      |50 years after an      |
|  |             |                      |outstanding fugitive   |
|  |             |                      |warrant is issued the  |
|  |             |                      |fugitive has not been  |
|  |             |                      |apprehended, or upon   |
|  |             |                      |the death of the       |
|  |             |                      |fugitive, whichever is |
|  |             |                      |sooner.  (NOTE SPECIAL |
|  |             |                      |PROCEDURE.  If the     |
|  |             |                      |fugitive is            |
|  |             |                      |apprehended within the |
|  |             |                      |50 year retention      |
|  |             |                      |period, the entire     |
|  |             |                      |case will be           |
|  |             |                      |permanently withdrawn  |
|  |             |                      |from the FRC.  Upon    |
|  |             |                      |completion of          |
|  |             |                      |litigation, the closed |
|  |             |                      |case will be           |
|  |             |                      |transferred to the FRC |
|  |             |                      |under a new accession  |
|  |             |                      |using the disposal     |
|  |             |                      |authority in item      |
|  |             |                      |3,4,5, or 6, whichever |
|  |             |                      |is appropriate for the |
|  |             |                      |case at that time.)    |
|  |             |                      |(N1-118-91-1(1b))      |
.--.-------------.----------------------.-----------------------.
|9 |Environment  |Environment and       |Transfer to the FRC on |
|  |and National |Natural Resources     |year after case is     |
|  |Resources    |case files assigned   |closed.  Destroy 25    |
|  |records.     |to the U.S. Attorney  |years after case is    |
|  |             |for litigation by     |closed.                |
|  |             |the Chief, Land       |(NC1-118-84-2(1))      |
|  |             |Acquisition Section,  |                       |
|  |             |Environment and       |                       |
|  |             |Natural Resources     |                       |
|  |             |Division.  Case       |                       |
|  |             |files consist of      |                       |
|  |             |appraisal reports,    |                       |
|  |             |pleadings,            |                       |
|  |             |transcripts of        |                       |
|  |             |hearings, copies of   |                       |
|  |             |title evidence,       |                       |
|  |             |correspondence,       |                       |
|  |             |exhibits, trial       |                       |
|  |             |data, and related     |                       |
|  |             |papers.               |                       |
.--.             .----------------------.-----------------------.
|1 |             |Environment matter    |Transfer to the FRC    |
|0 |             |files that are not    |one year after case is |
|  |             |handled solely by     |closed.  Destroy five  |
|  |             |the U.S. Attorney,    |years after the case   |
|  |             |containing copies of  |is closed.             |
|  |             |various documents     | (NC1-118-84-2(2))     |
|  |             |filed elsewhere,      |                       |
|  |             |established and used  |                       |
|  |             |only for reference    |                       |
|  |             |or informational      |                       |
|  |             |purposes.             |                       |
.--.             .----------------------.-----------------------.
|1 |             |Rental files,         |Destroy five years     |
|1 |             |consisting of         |after the termination  |
|  |             |collection documents  |of the Government's    |
|  |             |and working papers    |use of the property    |
|  |             |of property rentals   |and the distribution   |
|  |             |in Government         |of the rent paid       |
|  |             |housing projects and  |therefor.              |
|  |             |other property        |(II-NNA-2083(2))       |
|  |             |controlled by the     |                       |
|  |             |Government, turned    |                       |
|  |             |over to the           |                       |
|  |             |Environment and       |                       |
|  |             |Natural Resources     |                       |
|  |             |Division for          |                       |
|  |             |collection.           |                       |
.--.             .----------------------.-----------------------.
|1 |             |Disbursement files,   |Transfer to the FRC    |
|2 |             |consisting of         |one year after         |
|  |             |schedules and         |payment.  Destroy five |
|  |             |related papers        |years after payment.   |
|  |             |pertaining to         |(II-NNA-2083(3))       |
|  |             |payments for          |                       |
|  |             |properties purchased  |                       |
|  |             |or occupied on        |                       |
|  |             |rental basis.         |                       |
.--.-------------.----------------------.-----------------------.
|1 |Grand jury   |Includes minutes,     |Transfer to the  FRC   |
|3 |records,     |dockets, notes,       |one  year after        |
|  |including    |shorthand notes on    |closing.   Destroy 10  |
|  |special      |proceedings and       |years after closing.   |
|  |grand juries |transcripts of        |(NC1-118-83-1(2))      |
|  |created by   |proceedings,          |                       |
|  |statutes     |documentary           |                       |
|  |dated 1889   |exhibits, manual or   |                       |
|  |and later.   |electronic            |                       |
|  |NOTE.        |recordings,           |                       |
|  |Excludes     |translations,         |                       |
|  |those filed  |typewriter ribbons    |                       |
|  |as part of a |used to transcribe    |                       |
|  |criminal     |testimony, or any     |                       |
|  |case file,   |other recording or    |                       |
|  |which        |transcription of      |                       |
|  |receives the |proceedings before    |                       |
|  |same         |the grand jury which  |                       |
|  |disposition  |cannot be disclosed   |                       |
|  |as the case  |unless provided by    |                       |
|  |to which it  |Rule 6(e) of the      |                       |
|  |relates.     |Federal Rules of      |                       |
|  |             |Criminal Procedure.   |                       |
|  |             |                      |                       |
|  |             |                      |                       |
|  |             |                      |                       |
|  |             |                      |                       |
|  |             |                      |                       |
|  |             |                      |                       |
|  |             |                      |                       |
.--.             .----------------------.-----------------------.
|1 |             |Closed grand jury     |Destroy when three     |
|4 |             |ignoramuses           |years old.  (344-      |
|  |             |(duplicated).         |T91(1))                |
|  |             |(IGNORAMUS. Lat.      |                       |
|  |             |Formerly the grand    |                       |
|  |             |jury used to write    |                       |
|  |             |this word on bills    |                       |
|  |             |of indictment when,   |                       |
|  |             |after having heard    |                       |
|  |             |the evidence, they    |                       |
|  |             |thought the           |                       |
|  |             |accusation against    |                       |
|  |             |the prisoner was      |                       |
|  |             |groundless,           |                       |
|  |             |intimating that,      |                       |
|  |             |though the facts      |                       |
|  |             |might possible be     |                       |
|  |             |true, the truth did   |                       |
|  |             |not appear to them;   |                       |
|  |             |but now they usually  |                       |
|  |             |write in English the  |                       |
|  |             |words "Not a true     |                       |
|  |             |bill," or "Not        |                       |
|  |             |found," if that is    |                       |
|  |             |their verdict.)       |                       |
.--.-------------.----------------------.-----------------------.
|1 |Financial    |Debt collection       |Transfer to the FRC one|
|5 |litigation   |records which are     |year after close of    |
|  |records.     |maintained            |debt collection case.  |
|  |             |separately from       |Destroy six years after|
|  |             |litigation  case      |close of debt          |
|  |             |files.  May include   |collection case.  (N1- |
|  |             |claims collection     |118-89-3(1))           |
|  |             |litigation report;    |                       |
|  |             |certificate of        |                       |
|  |             |indebtedness;         |                       |
|  |             |satisfaction of       |                       |
|  |             |judgement or          |                       |
|  |             |certificate of        |                       |
|  |             |discharge; court and  |                       |
|  |             |related legal         |                       |
|  |             |documents such as     |                       |
|  |             |consent judgements,   |                       |
|  |             |orders, briefs,       |                       |
|  |             |pleadings and         |                       |
|  |             |settlement            |                       |
|  |             |agreements; status    |                       |
|  |             |reports and           |                       |
|  |             |correspondence;       |                       |
|  |             |Forms USA-117A,       |                       |
|  |             |Criminal Debtor       |                       |
|  |             |Card; USA-117B,       |                       |
|  |             |Civil Debtor Card;    |                       |
|  |             |and any other         |                       |
|  |             |documentation         |                       |
|  |             |developed during the  |                       |
|  |             |negotiation,          |                       |
|  |             |compromise,           |                       |
|  |             |settlement and/or     |                       |
|  |             |litigation of the     |                       |
|  |             |indebtedness.  Also   |                       |
|  |             |included may be       |                       |
|  |             |records maintained    |                       |
|  |             |by private counsel    |                       |
|  |             |under the Federal     |                       |
|  |             |Debt Recovery Act of  |                       |
|  |             |1986, and which are   |                       |
|  |             |turned over to the    |                       |
|  |             |U.S. Attorney at the  |                       |
|  |             |completion of debt    |                       |
|  |             |collection efforts.   |                       |
.--.             .----------------------.-----------------------.
|  |             |Automated data base   |Erase automated        |
|1 |             |information,          |information from the   |
|6 |             |containing data       |data base six years    |
|  |             |extracted  from the   |after close of the debt|
|  |             |case file and any     |collection case file.  |
|  |             |data generated or     |(N1-118-89-3(2))       |
|  |             |developed to support  |                       |
|  |             |the administrative    |                       |
|  |             |operations of the     |                       |
|  |             |debt collection       |                       |
|  |             |program.              |                       |
|  |             |Information may       |                       |
|  |             |include personal      |                       |
|  |             |data, e.g., name,     |                       |
|  |             |social security       |                       |
|  |             |number, date of       |                       |
|  |             |birth and locator     |                       |
|  |             |data; claim           |                       |
|  |             |information; payment  |                       |
|  |             |demand information;   |                       |
|  |             |account information;  |                       |
|  |             |and any other data    |                       |
|  |             |related to the        |                       |
|  |             |negotiation,          |                       |
|  |             |compromise,           |                       |
|  |             |settlement and        |                       |
|  |             |litigation of         |                       |
|  |             |indebtedness owed     |                       |
|  |             |the United States.    |                       |
.--.             .----------------------.-----------------------.
|1 |             |Payment process       |May be transferred to  |
|7 |             |files and other debt  |the FRC one year after |
|  |             |collection records,   |the close of the fiscal|
|  |             |which are             |year.  Destroy six     |
|  |             |established and       |years after the close  |
|  |             |maintained            |of the fiscal year.    |
|  |             |separately from the   |(N1-118-89-3(3))       |
|  |             |litigation case       |                       |
|  |             |file, e.g., deposit   |                       |
|  |             |tickets, check        |                       |
|  |             |registers, bank       |                       |
|  |             |statements and        |                       |
|  |             |reconciliations.      |                       |
.--.-------------.----------------------.-----------------------.
|1 |Investigative|Investigative         |Transfer to the FRC    |
|8 |reports.     |reports that are not  |when one year old.     |
|  |             |filed as part of any  |Destroy when five years|
|  |             |litigation case       |old.  (346-S45(2))     |
|  |             |file.                 |                       |
.--.-------------.----------------------.-----------------------.
|1 |Second       |When maintained.      |Destroy  when 15 years |
|9 |offense      |                      |old.  (346-S45(7))     |
|  |cards        |                      |                       |
.--.-------------.----------------------.-----------------------.
|2 |Docket       |For criminal case     |May be transferred to  |
|0 |records,     |files involving       |the FRC one year after |
|  |e.g., Forms  |sentences of 10       |close of case.         |
|  |USA-115,     |years or less         |Destroy 10 years after |
|  |Criminal     |(including no         |close of case.         |
|  |Complaint    |sentence), and civil  |(NC1-118-83-2(1))      |
|  |and Court    |cases.                |                       |
|  |Proceedings  |                      |                       |
.--.Record; and  .----------------------.-----------------------.
|2 |USA-116,     |For criminal case     |May be transferred to  |
|1 |Civil Claim  |files involving       |the FRC one year after |
|  |and Court    |sentences of more     |close of case.         |
|  |Proceedings  |than 10 years.        |Destroy one year after |
|  |Record.      |                      |termination of         |
|  |             |                      |sentence.  (NC1-118-   |
|  |             |                      |93-2(2))               |
.--.             .----------------------.-----------------------.
|2 |             |For cases designated  |Retain in U.S.         |
|2 |             |as permanent.         |Attorney office until  |
|  |             |                      |the case file is       |
|  |             |                      |offered and accepted   |
|  |             |                      |by NARA, then destroy. |
|  |             |                      |                       |
|  |             |                      |(NC1-118-83-2(3))      |
.--.             .----------------------.-----------------------.
|2 |             |Grand and petit jury  |May be transferred to  |
|3 |             |witness dockets.      |the FRC one year after |
|  |             |                      |case is closed.        |
|  |             |                      |Destroy five years     |
|  |             |                      |after case is closed.  |
|  |             |                      |(346-S45(10))          |
.--.-------------.----------------------.-----------------------.
|2 |Removal case |Containing requests   |Transfer to FRC after  |
|4 |files.       |for removal from one  |one year.  Destroy     |
|  |             |district to another   |when 10 years old.     |
|  |             |of a person or        |(346-S45(14))          |
|  |             |persons against whom  |                       |
|  |             |a criminal            |                       |
|  |             |complaint,            |                       |
|  |             |indictment or         |                       |
|  |             |information has been  |                       |
|  |             |filed in another      |                       |
|  |             |district.             |                       |
.--.-------------.----------------------.-----------------------.
|2 |Alphabetical |When maintained on    |Destroy 10 years after |
|5 |index cards. |criminal, civil and   |close of case.         |
|  |             |complaints files.     | (NC1-118-78-1(5))     |
.--.-------------.----------------------.-----------------------.
|2 |Statistical  |Duplicate copies of   |May be transferred to  |
|6 |records,     |statistical files     |the FRC one year after |
|  |e.g., Form   |and records of the    |the date of the        |
|  |USA-5,       |U.S. Attorney         |report.  Destroy five  |
|  |Monthly      |consisting of copies  |years after the date   |
|  |Statistical  |of initial and final  |of the report.  (346-  |
|  |Report of    |criminal docket       |S45(16))               |
|  |U.S.         |reports; statistical  |                       |
|  |Attorney.    |summaries of          |                       |
|  |             |criminal and civil    |                       |
|  |             |cases; financial      |                       |
|  |             |summaries; and lists  |                       |
|  |             |of pending criminal   |                       |
|  |             |cases.                |                       |
.--.-------------.----------------------.-----------------------.
|2 |Files of     |Consists of copies    |Destroy immediately.   |
|7 |hearing      |of hearing officers-  |(347-223(1))           |
|  |officers     |reports and related   |                       |
|  |created      |papers, including     |                       |
|  |pursuant to  |copies of notices to  |                       |
|  |Section 5(g) |conscientious         |                       |
|  |of the       |objectors and         |                       |
|  |Selective    |replies thereto       |                       |
|  |Training and |concerning dates and  |                       |
|  |Service Act  |places of  hearing,   |                       |
|  |of 1940, to  |docket sheets, notes  |                       |
|  |hear claims  |and related           |                       |
|  |of           |materials.  1940 -    |                       |
|  |conscientious|March 31, 1947.       |                       |
|  |objectors    |                      |                       |
|  |from         |                      |                       |
|  |military     |                      |                       |
|  |training and |                      |                       |
|  |service.     |                      |                       |
.--.-------------.----------------------.-----------------------.
|2 |Copies of    |Forms, e.g., DSS      |Destroy immediately.   |
|8 |Selective    |Form 551 showing      |(348-42(1))            |
|  |Service      |records of            |                       |
|  |forms.       |delinquents under     |                       |
|  |             |the Selective         |                       |
|  |             |Training and Service  |                       |
|  |             |Act of 1940, sent by  |                       |
|  |             |local boards to U.S.  |                       |
|  |             |Attorneys' offices,   |                       |
|  |             |and copies of their   |                       |
|  |             |letters of            |                       |
|  |             |acknowledgment.       |                       |
|  |             |October 1940 - May    |                       |
|  |             |1947.                 |                       |
.--.-------------.----------------------.-----------------------.
|2 |Case files   |Includes copies of    |Destroy immediately.   |
|9 |and general  |official circulars    |(348-66(1))            |
|  |records      |and replies thereto,  |                       |
|  |pertaining   |requests for and      |                       |
|  |to the       |copies of             |                       |
|  |arrest,      |Presidential          |                       |
|  |detention    |warrants, receipts    |                       |
|  |and/or       |for prisoners,        |                       |
|  |internment   |applications for and  |                       |
|  |of alien     |orders of parole,     |                       |
|  |enemies      |parole bonds,         |                       |
|  |during World |applications for      |                       |
|  |War I under  |exemption from        |                       |
|  |the          |classification of     |                       |
|  |provisions   |alien enemy, reports  |                       |
|  |of Section   |of Federal            |                       |
|  |12 of the    |investigative         |                       |
|  |President's  |agencies, alien       |                       |
|  |Proclamation |report cards,         |                       |
|  |of April 6,  |testimony war zone    |                       |
|  |1917, and    |passes, copies of     |                       |
|  |supplementary|declarations of       |                       |
|  |proclam-     |intention of          |                       |
|  |ations       |naturalization,       |                       |
|  |of           |correspondence, and   |                       |
|  |December 11, |related papers.       |                       |
|  |1917 and     |1917 - 1920.          |                       |
|  |April 19,    |                      |                       |
|  |1918.        |                      |                       |
.--.-------------.----------------------.-----------------------.
|3 |Records      |Includes copies of    |Destroy immediately.   |
|0 |pertaining   |Presidential          |(352-87(1))            |
|  |to the       |warrants, receipts    |                       |
|  |arrest,      |for prisoners,        |                       |
|  |detention,   |applications for and  |                       |
|  |internment   |orders of parole,     |                       |
|  |of alien     |investigative         |                       |
|  |enemies      |reports,              |                       |
|  |during World |applications for      |                       |
|  |War II.      |permission to         |                       |
|  |             |travel, notices of    |                       |
|  |             |change of address,    |                       |
|  |             |documents related to  |                       |
|  |             |the seizure of        |                       |
|  |             |contraband and all    |                       |
|  |             |other material        |                       |
|  |             |related thereto.      |                       |
|  |             |1941 - 1945.          |                       |
.--.-------------.----------------------.-----------------------.
|3 |Federal      |Individual case       |PERMANENT.  Delete     |
|1 |Prosecutor's |information.          |from U.S. Attorneys'   |
|  |Management   |                      |office files two years |
|  |Information  |                      |after close of case    |
|  |System       |                      |and after pertinent    |
|  |(PROMIS) for |                      |information has been   |
|  |all U.S.     |                      |printed.  Offer        |
|  |Attorney     |                      |printed records to     |
|  |offices      |                      |NARA for permanent     |
|  |except the   |                      |retention when 10      |
|  |District of  |                      |years old.  (NC1-60-   |
|  |Columbia.    |                      |83-8(2b(1))            |
.--.             .----------------------.-----------------------.
|3 |             |Tapes and diskettes   |PERMANENT.  Offer year |
|2 |             |containing core date  |end consolidated       |
|  |             |sent to the           |master files (on       |
|  |             |Executive Office for  |computer tape) with    |
|  |             |U.S. Attorneys        |necessary              |
|  |             |(EOUSA).              |documentation at EOUSA |
|  |             |                      |to NARA for permanent  |
|  |             |                      |retention annually.    |
|  |             |                      |(NC1-60-83-8(2b(2))    |
.--.-------------.----------------------.-----------------------.
|3 |             |Core data sent to     |PERMANENT.  Offer year |
|3 |             |EOUSA which is        |and master file and    |
|  |             |consolidated and      |necessary              |
|  |             |incorporated into     |documentation to NARA  |
|  |             |the Docket and        |annually.  Release of  |
|  |             |Reporting Data Base.  |criminal investigatory |
|  |             |                      |records contained in   |
|  |             |                      |the system is subject  |
|  |             |                      |to provisions of 36    |
|  |             |                      |CFR 1256.18.  (NC1-60- |
|  |             |                      |83-8(2b(3))            |
.--.-------------.----------------------.-----------------------.
|3 |PROMIS for   |Defendant record,     |PERMANENT.  Offer to   |
|4 |the U.S.     |case record, charge   |NARA with necessary    |
|  |Attorney,    |record, continuance   |documentation 15 years |
|  |District of  |record and            |from the final         |
|  |Columbia     |witness/victim        |disposition date,      |
|  |only.        |record.               |e.g., the date on      |
|  |             |                      |which the defendant is |
|  |             |                      |found guilty or not    |
|  |             |                      |guilty, the date of    |
|  |             |                      |the plea bargain       |
|  |             |                      |agreement, or the date |
|  |             |                      |the case is dismissed  |
|  |             |                      |or nolled.  (NC1-60-   |
|  |             |                      |83-8(2a))              |
.--.-------------.----------------------.-----------------------.
|3 |Docket and   |Criminal and civil    |PERMANENT.  Offer year |
|5 |Reporting    |master files, the     |end master file and    |
|  |Data Base,   |collections master    |necessary              |
|  |Executive    |file, and the         |documentation to NARA  |
|  |Office for   |transaction log       |annually.  Release of  |
|  |U.S.         |file.                 |criminal investigatory |
|  |Attorneys    |                      |records contained in   |
|  |only.        |                      |the system is subject  |
|  |             |                      |to provisions of 36    |
|  |             |                      |CFR 1256.18.  (NC1-60- |
|  |             |                      |83-8(1))               |
.--.-------------.----------------------.-----------------------.

.--------------.---------------.----------------.---------------¿
|Areas Served  |Federal        |Areas served    |Federal        |
|              |records        |                |records center |
|              |center         |                |               |
.--------------.---------------.----------------.---------------.
|District of   |(Mailing       |Kansas, Iowa,   |Federal        |
|Columbia,     |address only)  |Nebraska, and   |Records center |
|Maryland,     |Washington     |Missouri        |2312 East      |
|West          |National       |except          |Bannister Rd.  |
|Virginia,     |Records        |greater St.     |Kansas City,   |
|and Virginia  |Center         |Louis area.     |MO 64131       |
|(except U.S.  |Washington,    |                |               |
|Court         |DC 20409       |Texas,          |Federal        |
|records).     |               |Oklahoma,       |Records Center |
|              |(Shipping      |Arkansas,       |P.O. Box 6216  |
|              |address only)  |Louisiana, and  |Fort worth,    |
|              |Washington     |New Mexico.     |TX 76115       |
|              |National       |                |               |
|              |Records Center |Colorado,       |Federal Records|
|              |4205 Suitland  |Wyoming, Utah,  |Center         |
|              |Road           |Montana, North  |Bldg. 48       |
|              |Suitland, MD   |Dakota, and     |Denver         |
|              |               |South Dakota.   |Federal Center |
|Personnel     |National       |                |P.O. Box 25307 |
|records,      |Personnel      |                |Denver, CO     |
|medical and   |Records        |                |80225          |
|pay records   |Center         |                |               |
|of all        |111 Winnebago  |Nevada except   |Federal Records|
|Federal       |St.            |Clark County,   |Center         |
|Government    |St. Louis, MO  |California      |1000           |
|personnel.    |63118          |except southern |Commodore Dr.  |
|Records of    |               |California,     |San Bruno,     |
|agencies in   |               |and American    |CA 94066       |
|greater       |               |Samoa.          |               |
|St. Louis,    |               |                |               |
|MO area.      |               |Arizona, Clark  |               |
|              |               |County, Nevada, |               |
|Maine,        |Federal        |and southern    |               |
|Vermont, New  |Records        |California      |Federal        |
|Hampshire,    |Center         |(counties of    |Records Center |
|Massachusetts,|380            |San Luis Obisbo,|24000          |
|Connecticut,  |Trapelo Rd.    |Kern, San       |Avila Rd.      |
|and Rhode     |Waltham,       |Bernadino,      |Laguna         |
|Island.       |MA 02154       |Santa Barbara,  |Niguel, CA     |
|              |               |Ventura, Orange,|92677          |
|New York, New |Federal Records|Los Angeles,    |               |
|Jersey, Puerto|Center         |Riverside, Inyo,|               |
|Rico and the  |Military Ocean |Imperial, and   |               |
|Virgin        |Terminal       |San Diego).     |               |
|Islands.      |Building 22    |                |               |
|              |Bayonne, NJ    |Washington,     |Federal Records|
|              |07002          |Oregon, Idaho,  |Center         |
|              |               |Alaska, Hawaii, |6125 Sand Point|
|Delaware,     |Federal Records|and Pacific     |Way            |
|Pennsylvania, |Center         |Ocean area      |Seattle, WA    |
|and U.S. Court|5000           |(except American|98115          |
|records for   |Wissahicken    |Samoa).         |               |
|Maryland,     |Ave.           |                |               |
|Virginia, and |Philadelphia,  |Illinois,       |Federal Records|
|West Virginia.|PA 19144       |Wisconsin,      |Center         |
|              |               |Minnesota, and  |7358 South     |
|North         |Federal Records|U.S. Court      |Pulaski Rd.    |
|Carolina,     |Center         |records for     |Chicago, IL    |
|South         |1557           |Indiana,        |60629          |
|Carolina,     |St. Joseph Ave.|Michigan, and   |               |
|Tennessee,    |East Point,    |Ohio.           |               |
|Mississippi,  |GA 30044       |                |               |
|Alabama,      |               |Indiana,        |Federal Records|
|Georgia,      |               |Michigan, and   |Center         |
|Florida, and  |               |Ohio, except for|3150 Bertwynn  |
|Kentucky.     |               |U.S. Court      |Dr.            |
|              |               |records.        |Dayton, OH     |
|              |               |                |45439          |
.--------------Á---------------Á----------------Á---------------.

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.

3-13.512 Motor Vehicle Management -- References

  1. 41 C.F.R. Subpart 101-26.501-9 Centralized Motor Vehicle Leasing Program

  2. 41 C.F.R. Subpart 101-38.101 Acquisition of Motor Vehicles

  3. 41 C.F.R. Subpart 101-38.103 Mandatory Provisions Affecting the Acquisition and Use of Motor Vehicles.

  4. 41 C.F.R. Subpart 101-38.3 Official Use of Government Motor Vehicles

  5. 41 C.F.R. Subpart 101-39.2 GSA Interagency Fleet Management System Services

  6. Executive Order 13043, dated April 16, 1997, Federal Employees Use of Seat Belts While on Official Business

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:

  1. Date/Time (out and in);

  2. Name and title of employee;

  3. Name and title of person authorizing use;

  4. Vehicle identification;

  5. Vehicle destination;

  6. Odometer reading (beginning and end);

  7. 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.

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July 2000 USAM Chapter 3-13