1. Supervise the administration of the law enforcement operations of the Department of Justice which include the litigating divisions, the United States Attorneys, U.S. Marshals Service, Federal Bureau of Investigation, Drug Enforcement Administration, Immigration and Naturalization Service, Bureau of Prisons, Parole Commission and Office of the Pardon Attorney;

2. Represent the United States in legal matters generally;

3. Furnish advice and opinions, formal and informal, on legal matters to the President and the Cabinet and to the heads of the executive departments and agencies of the Government, as provided by law;

4. Appear in person to represent the Government in the Supreme Court of the United States, or in any other court, in which he/she may deem it appropriate; and

5. Designate, pursuant to Executive Orders No. 9788 of October 4, 1946 and No. 10254 of June 15, 1951, officers and agencies of the Department of Justice to act as disbursing officers for the Office of Alien Property.

1. The Attorney General's Advisory Committee of United States Attorneys which consists of 15 United States Attorneys representing the geographic areas of the nation, (see 28 C.F.R. § 0.10; USAM 3-2.000).

2. An Incentive Awards Board which consists of the Deputy Attorney General or his/her designee as Chairperson, and four members designated by the Attorney General from among the Assistant Attorneys General, bureau heads or persons of equivalent rank in the Department. See 28 C.F.R. § 0.11.

3. A Young American Medals Committee, which is composed of four members, one of whom shall be the Director of Public Affairs. See 28 C.F.R. § 0.12.

1-2.102 Office of the Deputy Attorney General

1. Exercise all the power and authority of the Attorney General unless any such power or authority is required by law to be exercised by the Attorney General personally or has been specifically delegated exclusively to another Department official.

2. Except as assigned to the Associate Attorney General by 0.19(a)(1), exercise the power and authority vested in the Attorney General to take final action in matters pertaining to:

   1. The employment, separation, and general administration of personnel in the Senior Executive Service and in General Schedule grades GS-16 through GS-18, or the equivalent, and of attorneys and law students regardless of grade or pay in the Department;

   2. The appointment of special attorneys and special assistants to the Attorney General, (28 U.S.C.515(b)));

   3. The appointment of Assistant United States Trustees and fixing of their compensation; and

   4. The approval of the appointment by United States Trustees of standing trustees and the fixing of their maximum annual compensation and percentage fees as provided in 28 U.S.C. Section 586(e).

3. Administer the Attorney General's recruitment program for honor law graduates and judicial law clerks.

4. Coordinate departmental liaison with White House staff and the Executive Office of the President.

5. Coordinate and control the Department's reaction to civil disturbances and terrorism.

6. Perform such other activities and functions as may be assigned from time to time by the Attorney General.

1-2.103 Office of the Associate Attorney General

1-2.104 Office of the Solicitor General

1. The review and revision of, briefs on the merits in cases in which the government is a party or in which it participates as amicus curiae (either on its own motion or at the request of the court); petitions for certiorari; jurisdictional statements; briefs in opposition; and, amicus curiae filings at the petition stage.

2. Preparation of miscellaneous papers filed in the Supreme Court such as, applications for and oppositions to stays; and, oppositions to bail, etc.;

3. The arguing of cases in the Supreme Court; and

4. The determination whether to seek Supreme Court review in cases that the government has lost in the lower courts.

1-2.105 Office of the Inspector General

1-2.106 Office of Intelligence Policy and Review

1-2.107 Office of Information and Privacy

1-2.108 Office of Legal Counsel

1. Preparing the formal opinions of the Attorney General, rendering opinions and legal advice to the various governmental agencies, and assisting the Attorney General in the performance of his/her functions as legal adviser to the President and as a member of the Cabinet;

2. Preparing or making necessary revisions of Executive Orders and proclamations and advising the President with respect to their form and legality; performing the same functions with respect to regulations and similar matters that require the approval of the President or the Attorney General;

3. Rendering opinions to the Attorney General and to the heads of the various organizational units of the Department on questions of law arising in the administration of the Department;

4. Approving proposed orders of the Attorney General, and orders which require the approval of the Attorney General, as to form and legality and as to consistency and conformity with existing orders and memorandums;

5. Resolving legal disputes between departments in the Executive branch;

6. Coordinating the work of the Department in connection with United States participation in the United Nations and related international organizations;

7. Advising the Attorney General, when requested, in connection with his/her review of decisions of the Board of Immigration Appeals and other organizational units of the Department;

8. Consulting with the Director of the Office of Government Ethics regarding the development of policies, rules and regulations relating to ethics and conflicts of interest and approving certain blind trusts; and

9. Performing special assignments from the Attorney General, Deputy Attorney General or Associate Attorney General. See 28 C.F.R. § 0.25; Executive Order No. 12146.

1-2.109 Office of Legislative Affairs

1. Origin. The Office of Legislative Affairs, (OLA), was established in the Department on February 2, 1973, by Attorney General Order No. 504-73 to be the coordinating center for all Department activity relating to legislation and Congress. This office was subsequently reorganized into Legislative and the Intergovernmental Affairs on January 24, 1984 by Attorney General Order No. 1054-84. Attorney General Order 1097-85 reestablished the Office of Legislative Affairs as an independent office on February 4, 1986.

2. Missions. The mission of the Office of Legislative Affairs is to advise appropriate components of the Department on the Congressional positions and preferences in the development of the Department's official policies with respect to legislation initiated inside the Department, by other parts of the Executive Branch, or by Members of Congress and to explain and advocate those policies with maximum effectiveness with the Congress. The Office also serves as the Attorney General's focal point for dealing with nominees, Congressional oversight, Congressional correspondence and Congressional requests for documents and access to Department employees.

3. Legislative Program. For each Congress, the Office of Policy Development contacts each component of the Department in the fall before the beginning of a Congress and requests recommendations and comments concerning legislative initiatives which should be undertaken. These inputs can take the form of specific legislative drafts with accompanying backup material or simply a description of the particular problem which needs a legislative solution. United States Attorneys are in excellent positions to make meaningful and helpful recommendations and their participation in the legislative program is encouraged. The Office of Legislative Affairs works closely with the Office of Policy Development in forming the Department's legislative program and is solely responsible for the articulation and enactment of that program by the Congress.

4. Congressional Appearances. The office coordinates the various appearances of Departmental witnesses before committees of the Congress. Often because of special knowledge or experience it will be desirable for a United States Attorney to be the Departmental witness on a particular subject. Such arrangements should be made through OLA. If any United States Attorney is contacted directly by a congressional committee or state or local legislative body concerning testimony, OLA should be immediately consulted. The office can be helpful, not only in dealing with the Congress, but also in obtaining coordination and clearance of formally prepared testimony. See 28 C.F.R. § 0.27.

1-2.110 Office of the Pardon Attorney

1-2.111 Role of the United States Attorney in Clemency Matters

1-2.112 Standards for Considering Pardon Petitions

1. Post-conviction conduct, character, and reputation. An individual's demonstrated ability to lead a responsible and productive life for a significant period after conviction or release from confinement is strong evidence of rehabilitation and worthiness for pardon. The background investigation customarily conducted by the FBI in pardon cases focuses on the petitioner's financial and employment stability, responsibility toward family, reputation in the community, participation in community service, charitable or other meritorious activities and, if applicable, military record. In assessing post-conviction accomplishments, each petitioner's life circumstances are considered in their totality: it may not be appropriate or realistic to expect "extraordinary" post-conviction achievements from individuals who are less fortunately situated in terms of cultural, educational, or economic background.

2. Seriousness and relative recentness of the offense. When an offense is very serious, (e.g., a violent crime, major drug trafficking, breach of public trust, or white collar fraud involving substantial sums of money), a suitable length of time should have elapsed in order to avoid denigrating the seriousness of the offense or undermining the deterrent effect of the conviction. In the case of a prominent individual or notorious crime, the likely effect of a pardon on law enforcement interests or upon the general public should be taken into account. Victim impact may also be a relevant consideration. When an offense is very old and relatively minor, the equities may weigh more heavily in favor of forgiveness, provided the petitioner is otherwise a suitable candidate for pardon.

3. Acceptance of responsibility, remorse, and atonement. The extent to which a petitioner has accepted responsibility for his or her criminal conduct and made restitution to its victims are important considerations. A petitioner should be genuinely desirous of forgiveness rather than vindication. While the absence of expressions of remorse should not preclude favorable consideration, a petitioner's attempt to minimize or rationalize culpability does not advance the case for pardon. In this regard, statements made in mitigation (e.g., "everybody was doing it," or I didn't realize it was illegal") should be judged in context. Persons seeking a pardon on grounds of innocence or miscarriage of justice bear a formidable burden of persuasion.

4. Need for Relief. The purpose for which pardon is sought may influence disposition of the petition. A felony conviction may result in a wide variety of legal disabilities under state or federal law, some of which can provide persuasive grounds for recommending a pardon. For example, a specific employment-related need for pardon, such as removal of a bar to licensure or bonding, may make an otherwise marginal case sufficiently compelling to warrant a grant in aid of the individual's continuing rehabilitation. On the other hand, the absence of a specific need should not be held against an otherwise deserving applicant, who may understandably be motivated solely by a strong personal desire for a sign of forgiveness.

5. Official recommendations and reports. The comments and recommendations of concerned and knowledgeable officials, particularly the United States Attorney whose office prosecuted the case and the sentencing judge, are carefully considered. The likely impact of favorable action in the district or nationally, particularly on current law enforcement priorities, will always be relevant to the President's decision. Apart from their significance to the individuals who seek them, pardons can play an important part in defining and furthering the rehabilitative goals of the criminal justice system.

1-2.113 Standards for Considering Commutation Petitions

1-2.114 Office of Professional Responsibility

1-2.115 Office of Policy Development

1-2.116 Office of Public Affairs

1-2.117 Office of Community Oriented Policing Service (COPS)

1-2.118 Community Relations Service

1-2.119 Executive Office for United States Attorneys

1. Evaluating the performance of the United States Attorneys' offices (USAOs), making appropriate reports and inspections, and taking corrective action where indicated;

2. Coordinating and directing the relationships of the USAOs with other organizational units of the Department;

3. Publishing the United States Attorneys' Manual and the United States Attorneys' Bulletin for the internal guidance of the USAOs and other organizational units of the Department.

4. Supervising the operations of the Office of Legal Education (comprised of the Attorney General's Advocacy Institute and the Legal Education Institute) which develops, conducts and authorizes the training of all federal legal personnel. See USAM 3-6.000

5. Coordinating and directing the LECC and Victim/Witness Program within each United States Attorney's Office, and providing speakers, materials, and any other technical assistance for LECC/VW related functions; see USAM 3-7.000.

6. Providing the Attorney General's Advisory Committee of United States Attorneys with staff assistance and funds that are reasonably necessary to carry out the Committee's responsibilities. See 28 C.F.R. § 0.22, and USAM 3-2.000.

7. Providing general direction and supervision of the management and policy activities of the United States Attorneys' financial litigation programs, including the establishment of policy and procedures for debt collection activities, affirmative civil enforcement and bankruptcy litigation, litigative and technical support, training, publication of a newsletter, coordination and implementation of legislative initiatives and the establishment of guidelines, advice, and other guidance;

8. Establishing, coordinating and interpreting policy, guidelines, and procedures on criminal fine collection issues;

9. Providing general legal interpretations, opinions, and advice to United States Attorneys in areas of recusals, cross-designations, outside activities, representation, allegations of misconduct, adverse actions, grievances, labor relations, and ethical and conflict of interest questions;

10. Providing general support to the United States Attorneys in matters involving Assistant United States Attorney and Special Assistant United States Attorney appointments;

11. Providing overall administrative management oversight, technical and direct support to the United States Attorneys in the program areas of facilities management and security programs;

12. Providing technical, administrative, design and maintenance support in the area of video telecommunications to the USAOs;

13. Analyzing, designing, and providing automated services and systems in support of the litigation missions and of selected administrative functions of the USAOs;

14. Arranging for the acquisition and installation of integrated office automation systems in the Offices of the United States Attorneys;

15. Providing centralized leadership, coordination, and evaluation of all equal employment efforts throughout the USAOs--administering both the Affirmative Action and Complaints Processing Programs; and

16. Providing information and guidance to USAOs on pending legislation; preparing testimony and background for Congressional oversight and appropriations hearing; and responding to inquiries from member of Congress and private citizens.

1-2.120 Executive Office for United States Trustees/United States Trustee Program

1-2.121 International Criminal Police Organization-United States National Central Bureau (INTERPOL-USNCB)

1. Authority. The INTERPOL-USNCB facilitates international law enforcement cooperation as the United States representative to the International Criminal Police Organization (INTERPOL or I.C.P.O.), on behalf of the Attorney General, who, pursuant to 22 U.S.C. § 263a, maintains the United States' membership in INTERPOL, which is an intergovernmental organization of 176 member countries, headquartered in Lyon, France.

2. Functions pursuant to 28 C.F.R. § 0.34. See DOJ Organization and Functions Manual at 1.

3. Other Limitations and Authorities. INTERPOL functions within the limits of the existing laws in each of the member countries and the INTERPOL Constitution, and in accord with the United Nations "Universal Declaration of Human Rights." A Headquarters Agreement between the INTERPOL General Secretariat and the French Government provides for a Supervisory Board of five international judges and experts to review any complaints concerning data contained within the organization's archives. The annual meetings of the INTERPOL General Assembly of all member countries also have approved written guidelines for handling of information by the General Secretariat and by the member countries' National Central Bureaus.

4. Law Enforcement Agency Representation. The INTERPOL-USNCB operates through well-established cooperative efforts with federal and state agencies. See DOJ Organization and Functions Manual at 2.

5. Types of Criminal Cases Handled by INTERPOL-USNCB. The INTERPOL-USNCB handles requests for investigations including serious and sophisticated crimes of murder, violent crimes, firearms and explosive violations, theft, large-scale narcotics violations, large-scale fraud and counterfeiting, immigration violations, and the location and apprehension of international fugitives, involving arrests and extraditions to the countries where the crimes were committed.
   The requests for INTERPOL assistance also cover criminal record history information and identification checks; license checks; tracing weapons; identifying and tracing international stolen and forged art-works; completing investigations of an international nature concerning lost and stolen travelers checks and credit cards; tracing license plates and registrations on vehicles believed to be stolen or used in the commission of a crime; locating and interviewing witnesses in the United States and abroad; circulation of INTERPOL International Wanted Notices on fugitives to all U.S. border points; and humanitarian matters, including missing persons cases.

   The INTERPOL-USNCB maintains a computerized data base of all investigative cases in the INTERPOL Case Tracking System (ICTS). The organization also maintains computerized records of all INTERPOL International Notices on wanted persons, fugitives and recidivists in the INTERPOL-USNCB portion of the Treasury Enforcement Communications Systems (TECS) data base, which is operated by the U.S. Department of the Treasury.

   Provisional Arrests and International Extradition Requests. INTERPOL Wanted Notices on wanted persons and fugitives are circulated to all United States border points, through the U.S. Department of Treasury's Treasury Enforcement Communications Systems (TECS). Red, Blue, or Green Notices, which are discussed in the DOJ Organization and Functions Manual at 3, may serve as the basis for exclusion of the subject from entry into the United States.

   The INTERPOL communications channel is a direct police-to-police link and, therefore, it is faster than diplomatic channels. The international law enforcement community will arrest a subject in a foreign country, based upon the receipt, through INTERPOL channels, of information that a provisional arrest warrant and/or extradition request has been initiated through diplomatic channels.

   Divisions Within INTERPOL-USNCB. These are the Criminal Investigative Division, the Financial Fraud Division, the Alien/Fugitive Division, the Drug Investigations Division, the Drug Investigations Division, and the State Liaison Division. Further information on these divisions can be found the DOJ Organization and Functions Manual at 4.

   Eligibility to use services of INTERPOL-USNCB. All United States federal, state and local law enforcement agencies, including investigation and prosecution authorities, are eligible to make requests for assistance from the INTERPOL-USNCB. However, specific guidelines have been established by the INTERPOL-USNCB before responding to requests for investigative information, so as to avoid any inappropriate release of information which may be in conflict with various federal laws. Use of the facilities of the INTERPOL- USNCB by approximately 20,000 state and local law enforcement agencies is essentially the only medium, in the absence of federal jurisdiction over the case, that state and local police have for securing the assistance of a foreign police force. Efforts to increase awareness among the state and local law enforcement communities of the service available through the INTERPOL-USNCB are an on-going activity of this organization.

   Request for Enforcement Assistance or Information. Before the INTERPOL-USNCB may respond to a request for law enforcement assistance, all requests must include the type of offense and certain other information to reflect that it is a specific criminal investigation, including the type of criminal investigation or other law enforcement purpose, and the relationship of the subject to the investigation. For further information, see DOJ Organization and Functions Manual at 5.

1-2.122 Office of Intergovernmental Affairs

1-2.200 Divisions

1-2.207 Justice Management Division

1. Act as the Attorney General's principal management and administrative resource in support of Department goals and operations.

2. Establish administrative policies, programs and procedures for the Department to ensure the effective and efficient achievement of the Department's mission.

3. Review Department activities to ensure compliance with Federal laws and regulations and Department directives and policies.

4. Provide management, financial and administrative assistance, including the operation of central administrative facilities and services.

1-2.300 Bureaus

1-2.301 Bureau of Prisons

1-2.302 Drug Enforcement Administration

1. Investigation and preparation for prosecution of major violators of controlled substances laws operating at interstate and international levels;

2. Management of a national drug intelligence system in cooperation with Federal, State, local and foreign officials to collect, analyze, and disseminate strategic and operational drug intelligence information;

3. Seizure and forfeiture of assets derived from, traceable to, or intended to be used for illicit drug trafficking.

4. Enforcement of the provisions of the Controlled Substances Act as they pertain to the manufacture, distribution, and dispensing of legally produced controlled substances.

5. Coordination and cooperation with federal, state and local law enforcement officials on mutual drug enforcement efforts and enhancement of such efforts through exploitation of potential interstate and international investigations beyond local or limited federal jurisdictions and resources.

6. Coordination and cooperation with other federal, state and local agencies, and with foreign governments, in programs designed to reduce the availability of illicit abuse-type drugs on the United States market through non-enforcement methods such as crop eradication, crop substitution, and training of foreign officials.

7. Responsibility under the policy guidance of the Secretary of State and U.S. Ambassadors, for all programs associated with drug law enforcement counterparts in foreign countries.

8. Liaison with the United Nations, Interpol, and other organizations on matters relating to international drug control programs.

1-2.303 Federal Bureau of Investigation

1-2.304 Immigration and Naturalization Service

1-2.305 The Office of Justice Programs

1. To identify, define, and promote the understanding of critical crime, delinquency, and justice issues.

2. To develop, support, and evaluate promising and innovative strategies for ensuring safe and just communities and assisting victims of crime.

3. To build partnerships that strengthen federal, state, and local government and community capacities.

4. To ensure a fair workplace that maximizes each employees's contribution to the overall mission and goals of OJP.

1-2.306 U.S. Marshals Service -- Generally

1. The execution of federal arrest, parole violation, custodial and extradition warrants as directed; investigative responsibility for federal escapes, federal bond default, federal parole and probation violations, warrants, and mandatory release violation warrants, except for certain FBI cases.

2. The service of all civil and criminal process emanating from the federal judicial system including the execution of lawful writs and court orders;

3. The provision for the health, safety, and welfare of government witnesses and their dependents;

4. The administration and implementation of courtroom security requirements for the federal judiciary;

5. The protection of federal jurists, court officers, and other threatened persons in the interests of justice where criminal intimidation impedes the functioning of the federal judicial process or other official proceedings;

6. The provision of assistance in the protection of federal property and buildings;

7. The direction and supervision of a training school for U.S. Marshals Service personnel;

8. The disbursement of appropriated funds, including the Department of Justice Assets Forfeiture Fund, to satisfy government obligations incurred in the administration of justice;

9. The maintenance of custody and control of money and property seized pursuant to 18 U.S.C. § 1955(d), and all other money and property seized for forfeiture, except where the seizure was made by the Department of Treasury, when seized property is turned over to the U.S. Marshals Service, (see USAM 1-2.308).

10. The receipt, processing and transportation of prisoners held in the custody of a marshal or transported by the U.S. Marshals Service under cooperative or intergovernmental agreements;

11. The sustention of custody of federal prisoners from the time of their arrest by a marshal or their remand to a marshal by the court, until the prisoner is committed by order of the court to the custody of the Attorney General for the service of sentence, otherwise, released from custody by the court, or returned to the custody of the U.S. Parole Commission or the Bureau of Prisons. See 28 C.F.R. § 0.111(a) to (k).

12. The analysis of threats to United States Attorneys, federal judges, other officers of the court, court facilities, prisoners in Marshal's custody, and U.S. Marshals Service personnel, (see USAM 1-2.309).

13. Contracting with the proper authorities of any state, territory or political subdivision thereof, for the imprisonment, subsistence and care of federal prisoners under the custody of the U.S. Marshals including providing funding for such physical improvements as may be required in exchange for guaranteed federal prisoner bed space.

14. The deputation of selected officers or employees of the United States or local law enforcement officers in furtherance of federal law enforcement missions, (see USAM 1-2.310).

1-2.307 U.S. Marshals Service -- Responsibilities to United States Attorneys

1. Evidence. Many cases, both criminal and civil, involve large or substantial amounts of material held for evidence. It is the general policy of the U.S. Marshals Service not to accept other federal agencies' seized property which is to be used as evidence. However, in those situations where these items are turned over to the U.S. Marshals Service, they must be properly marked as evidence and accompanied by a memorandum.

2. Key Witness Protection. Under Department of Justice Order No. 2110-42, dated July 19, 1983, procedures are established for protecting witnesses to organized crime and other serious offenses in appropriate circumstances. Requests for protection are made by an Assistant United States Attorney through the United States Attorney to the Director of Enforcement Operations, Criminal Division, who will forward approved requests to the U.S. Marshals Service.
   A person being considered for protections under the program must not be given representations or promises that cannot be met in accordance with established guidelines. For this reason, it is essential that immediate contact be made with the U.S. Marshal's Office when protection is being considered for a witness so that a witness security specialist may be present at any interviews in which details of protection are being considered. See USAM 9-21.000 et seq.

   Writs of Habeas Corpus. When preparing a case for trial, it is often necessary to issue a writ of habeas corpus for a defendant or a witness who is in federal or state custody. The Assistant United States Attorney preparing the case for trial must give sufficient time for the marshal to execute these writs. Fourteen days is normally considered to be sufficient time. If there is not sufficient time before trial to move the required prisoner through usual channels, it is costly to the marshal to move a single prisoner for a long distance by air. The prisoner can be moved substantially less expensively and more securely if adequate notice is given than if such notice is not given.

   The Marshal will honor a written request from the Assistant United States Attorney for the production of federal prisoners from federal institutions for prosecution or testimony without the need for a writ of habeas corpus. The Assistant United States Attorney's written request must be approved by a supervisory Assistant United States Attorney. A writ of habeas corpus must still be obtained for the production of federal prisoners serving sentences in state or local jails, for state prisoners in state or local institutions, and for state prisoners in federal institutions.

   Criminal Subpoenas. After trial date has been set and while the Assistant United States Attorney is completing the case for trial, the marshal, in most cases, will serve subpoenas on all prospective witnesses. As much time as possible should be given in the event there is difficulty locating those persons subpoenaed. The Assistant United States Attorney should ensure that the case agents have updated addresses of witnesses to be subpoenaed. In many cases, a matter does not come to trial for a year or more after the investigation; if these matters are not updated, time is lost and a key witness may not be located in time for trial.

   Sequestered Juries. If the Assistant United States Attorney expects to move for sequestration of a jury or has knowledge that opposing counsel intends to do so, he/she should make this fact known to the U.S. Marshal's Office as soon as possible so that all necessary arrangements for lodging and meals may be made in advance.

   Court Security. The Marshal has the responsibility for security in federal courtrooms and immediate surrounding areas. If a threat to a federal prosecutor, judge, juror, or other court-related individual becomes known it should be immediately reported to the U.S. Marshal's Office so that a threat assessment and possible subsequent protective services can be implemented when appropriate. If a controversial, high risk or publicized trial is scheduled, the fact should be made known to the Marshal's Office so that the security problem may be assessed and proper security arrangements made for safely conducting the trial.

1-2.308 U.S. Marshals Service -- Asset Seizure and Forfeiture

1-2.305 The Office of Justice Programs

1. To identify, define, and promote the understanding of critical crime, delinquency, and justice issues.

2. To develop, support, and evaluate promising and innovative strategies for ensuring safe and just communities and assisting victims of crime.

3. To build partnerships that strengthen federal, state, and local government and community capacities.

4. To ensure a fair workplace that maximizes each employees's contribution to the overall mission and goals of OJP.

1-2.306 U.S. Marshals Service -- Generally

1. The execution of federal arrest, parole violation, custodial and extradition warrants as directed; investigative responsibility for federal escapes, federal bond default, federal parole and probation violations, warrants, and mandatory release violation warrants, except for certain FBI cases.

2. The service of all civil and criminal process emanating from the federal judicial system including the execution of lawful writs and court orders;

3. The provision for the health, safety, and welfare of government witnesses and their dependents;

4. The administration and implementation of courtroom security requirements for the federal judiciary;

5. The protection of federal jurists, court officers, and other threatened persons in the interests of justice where criminal intimidation impedes the functioning of the federal judicial process or other official proceedings;

6. The provision of assistance in the protection of federal property and buildings;

7. The direction and supervision of a training school for U.S. Marshals Service personnel;

8. The disbursement of appropriated funds, including the Department of Justice Assets Forfeiture Fund, to satisfy government obligations incurred in the administration of justice;

9. The maintenance of custody and control of money and property seized pursuant to 18 U.S.C. § 1955(d), and all other money and property seized for forfeiture, except where the seizure was made by the Department of Treasury, when seized property is turned over to the U.S. Marshals Service, (see USAM 1-2.308).

10. The receipt, processing and transportation of prisoners held in the custody of a marshal or transported by the U.S. Marshals Service under cooperative or intergovernmental agreements;

11. The sustention of custody of federal prisoners from the time of their arrest by a marshal or their remand to a marshal by the court, until the prisoner is committed by order of the court to the custody of the Attorney General for the service of sentence, otherwise, released from custody by the court, or returned to the custody of the U.S. Parole Commission or the Bureau of Prisons. See 28 C.F.R. § 0.111(a) to (k).

12. The analysis of threats to United States Attorneys, federal judges, other officers of the court, court facilities, prisoners in Marshal's custody, and U.S. Marshals Service personnel, (see USAM 1-2.309).

13. Contracting with the proper authorities of any state, territory or political subdivision thereof, for the imprisonment, subsistence and care of federal prisoners under the custody of the U.S. Marshals including providing funding for such physical improvements as may be required in exchange for guaranteed federal prisoner bed space.

14. The deputation of selected officers or employees of the United States or local law enforcement officers in furtherance of federal law enforcement missions, (see USAM 1-2.310).

1-2.307 U.S. Marshals Service -- Responsibilities to United States Attorneys

1. Evidence. Many cases, both criminal and civil, involve large or substantial amounts of material held for evidence. It is the general policy of the U.S. Marshals Service not to accept other federal agencies' seized property which is to be used as evidence. However, in those situations where these items are turned over to the U.S. Marshals Service, they must be properly marked as evidence and accompanied by a memorandum.

2. Key Witness Protection. Under Department of Justice Order No. 2110-42, dated July 19, 1983, procedures are established for protecting witnesses to organized crime and other serious offenses in appropriate circumstances. Requests for protection are made by an Assistant United States Attorney through the United States Attorney to the Director of Enforcement Operations, Criminal Division, who will forward approved requests to the U.S. Marshals Service.
   A person being considered for protections under the program must not be given representations or promises that cannot be met in accordance with established guidelines. For this reason, it is essential that immediate contact be made with the U.S. Marshal's Office when protection is being considered for a witness so that a witness security specialist may be present at any interviews in which details of protection are being considered. See USAM 9-21.000 et seq.

   Writs of Habeas Corpus. When preparing a case for trial, it is often necessary to issue a writ of habeas corpus for a defendant or a witness who is in federal or state custody. The Assistant United States Attorney preparing the case for trial must give sufficient time for the marshal to execute these writs. Fourteen days is normally considered to be sufficient time. If there is not sufficient time before trial to move the required prisoner through usual channels, it is costly to the marshal to move a single prisoner for a long distance by air. The prisoner can be moved substantially less expensively and more securely if adequate notice is given than if such notice is not given.

   The Marshal will honor a written request from the Assistant United States Attorney for the production of federal prisoners from federal institutions for prosecution or testimony without the need for a writ of habeas corpus. The Assistant United States Attorney's written request must be approved by a supervisory Assistant United States Attorney. A writ of habeas corpus must still be obtained for the production of federal prisoners serving sentences in state or local jails, for state prisoners in state or local institutions, and for state prisoners in federal institutions.

   Criminal Subpoenas. After trial date has been set and while the Assistant United States Attorney is completing the case for trial, the marshal, in most cases, will serve subpoenas on all prospective witnesses. As much time as possible should be given in the event there is difficulty locating those persons subpoenaed. The Assistant United States Attorney should ensure that the case agents have updated addresses of witnesses to be subpoenaed. In many cases, a matter does not come to trial for a year or more after the investigation; if these matters are not updated, time is lost and a key witness may not be located in time for trial.

   Sequestered Juries. If the Assistant United States Attorney expects to move for sequestration of a jury or has knowledge that opposing counsel intends to do so, he/she should make this fact known to the U.S. Marshal's Office as soon as possible so that all necessary arrangements for lodging and meals may be made in advance.

   Court Security. The Marshal has the responsibility for security in federal courtrooms and immediate surrounding areas. If a threat to a federal prosecutor, judge, juror, or other court-related individual becomes known it should be immediately reported to the U.S. Marshal's Office so that a threat assessment and possible subsequent protective services can be implemented when appropriate. If a controversial, high risk or publicized trial is scheduled, the fact should be made known to the Marshal's Office so that the security problem may be assessed and proper security arrangements made for safely conducting the trial.

1-2.308 U.S. Marshals Service -- Asset Seizure and Forfeiture

1. Seized Cash.
   • All seized cash currently held by United States Attorneys as evidence is to be delivered to the United States Marshals Service for deposit into the Seized Asset Deposit Account (15X6874).

   • The deposit of future cases must occur within 60 days after seizure or within 10 days following an indictment, whichever comes first.

   • Exceptions to the requirement to deposit seized cash must be approved by the Assistant Attorney General, Criminal Division.

   • Exceptions will be considered only when the cash would serve as a significant independent tangible evidentiary purpose such as the existence of fingerprints or drug residue.

   • United States Attorneys may grant exceptions on the retention of cash for evidentiary purposes when the amount of the seizure is less than $5,000.00.

2. Forfeited Cash. Forfeited cash after all appeals processes are completed, will be transferred to the Department of Justice Assets Forfeiture Fund. In addition, the proceeds from the sale of any other forfeited asset (except where the Department of Treasury seized the property) will be deposited to the Justice Assets Forfeiture Fund.

1-2.309 U.S. Marshals Service -- Procedures Relative to Threats Against United States Attorneys and other Officials

1. When a threat is initially received, the U.S. Marshal's Office and the local office of the Federal Bureau of Investigation (FBI) are to be notified immediately. (A threat received by either agency will be reported to the other, based upon a policy of cross-notification.) Security is the responsibility of the Marshals Service; investigation of the violation is the responsibility of the FBI.

2. The appropriate security response will be made by the district marshal to ensure the safety of the individual threatened. Security procedures range from escorting the threatened individual to and from work to providing around-the-clock physical protection for the principal and family members. In extreme cases, the victim(s) of the threat may have to be temporarily relocated. U.S. Marshals have the authority to provide such protection for up to seventy-two hours, after which U.S. Marshals Service Headquarters approval is required for continuance of the detail.

3. In the case of government attorneys, the Executive Office for United States Attorneys will be notified of the threat by the United States Attorney's Office. The Deputy Attorney General will, in turn, be advised. When another Departmental official is the subject of a threat, the Deputy Attorney General will be advised by the appropriate Office or Division. The Marshals Service will advise the Department of threats against officials of the courts.

4. The Court Security Division, USMS Headquarters, will be advised of the threat by the U.S. Marshal's Office.

5. If the threat is not clearly defined, is complex, or is of a more serious nature, an assessment may be conducted by the USMS Threat Analysis Division (TAD).

6. The determination of the extent of security to be provided will be made by the Marshals Service, based upon all available information, including that developed by the FBI.

7. The FBI shall report by the most expeditious means to the U.S. Marshal any progress in a threat case, including negative findings. A copy of the written findings will be forwarded to the U.S. Marshal when complete.

8. If there is disagreement with a Marshals Service determination that the subject is not in danger and is not in need of personal protection, a memorandum will be prepared by the Service for the Deputy Attorney General, indicating this and transmitting a Threat Assessment Report. A copy of the assessment will also be sent to the Director, FBI, with notification of the Marshals Service's intent not to initiate or continue protective services unless information indicating that there is danger is provided by the FBI or the Deputy Attorney General's Office. If no such information which would alter the assessment is received or developed from any source, the security detail will be terminated.

1-2.310 U.S. Marshals Service -- Procedures for Special Deputation and Deputation of Local Law Enforcement Officers

1-2.400 Boards

1-2.401 Executive Office for Immigration Review

1-2.402 U.S. Parole Commission

1-2.403 Foreign Claims Settlement Commission

1-2.500 United States Attorneys