3-1.120 Responsibilities

3-1.200 Prior Approval Requirements

3-2.170; .171	To recuse from a case, notify the Legal Counsel, EOUSA, and as appropriate, consult with the relevant litigating Division or USAO that is handling the case. Approval is required by the Deputy Attorney General. Consult with the Legal Counsel, EOUSA, before requesting the assistance of other USAOs to handle the matter for which recusal is sought.
3-2.200	To appoint or remove an Assistant United States Attorney. Authority to appoint an Assistant United States Attorney rests with the Director, OAPM. Authority to remove an Assistant United State Attorney rests with the Director, EOUSA.
3-2.300	To appoint private attorneys as Special Assistant United States Attorneys pursuant to 28 U.S.C., Section 543, compensated or not, approval is required by EOUSA.
3-4.213	The Director, EOUSA is responsible for administering the SAUSA program and Special Attorney (SA) program. Cross designation of State and Local attorneys and Assistant United States Attorneys, and appointment of Special Attorneys or Private Attorneys as SAUSAs, must be authorized by the EOUSA. See Administrative Procedures Handbook.
3-4.316	Prior to requesting temporary appointments and extensions, approval is required from Personnel Staff, EOUSA. Requests for temporary work year allocations must be justified in writing and submitted to the attention of the Deputy Director for Financial Management, EOUSA.
3-4.332	Districts that do not have delegated personnel authority can make no commitment to an applicant prior to completion of the certification process and approval of the Personnel Staff, EOUSA. Districts that do not have delegated personnel authority must obtain approval of Personnel Staff to make appointments.
3-4.334 (A)	Subject to case-by-case approval of Assistant Director, Personnel, United States Attorneys areauthorized to establish a sabbatical program.
3-4.334 (B)	To cross designate a federal prosecutor as a State or Local Prosecutor, approval is required from Assistant Director, Personnel Staff, EOUSA. Appointments are subject to some security restrictions.
3-4.335 (B2)	No promise or guarantee of placement into a position should be made without the approval of the servicing personnel office.
3-4.335 (C7)	Subject to prior approval of the servicing personnel office, time-limited promotions made for less than five years may be extended up to five years from the effective date of the initial time-limited promotion.
3-4.335 (J3)	The area of consideration for positions at the GS-13 level and above may be narrowed, subject to case-by-case approval of the Assistant Director, Personnel Staff, EOUSA.
3-4.335 (K)	Waivers to obtain relocation expenses for new employees and transferring employees are to be directed to the Deputy Director, Financial Management Staff. See also USAM 3-8.800.
3-4.451	For Awards between $1,001 and $5,000 for Supervisory Assistant United States Attorneys (AUSAs) and Senior Litigation Counsels (SLCs), approval is required by the Director, EOUSA. Awards between $5,001 and $10,000 for all employees require the approval of the Attorney General. All awards in excess of $10,000 (up to $25,000) for any employee require the approval of the Office of Personnel Management (OPM).
3-4.511	To request exception to workyear ceilings in each employment category (Assistant United States Attorney, paralegal, support staff, students), for each type of appropriation, approval is required by Deputy Director for Financial Management, EOUSA.
3-4.550	Unless an exception is granted by the Director, EOUSA, only United States Attorneys may sign their own T&A reports, as certifying officer.
3-4.630 (I)	To request more that 52 weeks of LWOP, approval is required from Director, EOUSA. This approval does not apply to actions related to matters involving the Office of Workers' Compensation.
EOUSA Resource Manual at 16	Training requests for United States Attorneys require authorization by the Director, EOUSA.
3-7.340	United States Attorneys must seek additional funding for the Emergency Witness Assistance Program (EWAP), from the Assistant Director, LECC/VW staff, EOUSA. Requests for funds from the Victims of Crime Fund should be sent directly to the Office for Victims of Crime.
3-8.130	Expenditures and obligations under the Anti- Deficiency Act are set forth at USAM 3- 8.130. To obligate the government to expend funds beyond districts' litigation budget, approval is required from EOUSA.
3-8.210	Upon approval of the Deputy Director, Financial Management Staff, authorization can be obtained to pay for the services of interpreters and stenographers if none are available in an embassy or consulate. The Office of International Affairs in the Criminal Division should be consulted in the case of depositions to be taken in the U.S. at the request of a foreign court. If foreign witnesses are to be examined on the premises of the diplomatic or consular mission, arrangements should be made in advance with the Special Authorization Unit, JMD, to provide advance authority to the consular official to reimburse these witnesses in the same manner as those appearing in federal courts.
3-8.232	To serve subpoena on American citizens abroad, contact the Office of International Affairs, Criminal Division, or Office of Foreign Litigation, Civil Division. To obtain testimony of foreign national residing abroad, contact Office of International Affairs, Criminal Division, or Office of Foreign Affairs, Civil Division.
3-8.630	Revocation of an existing or nomination of a new certifying officer requires approval of the Deputy Director, Financial Management Staff.
3-8.730	All official foreign travel for employees occupying Executive Schedule and SES positions requires approval of Deputy Attorney General.
3-8.740	Requests for first-class travel requires approval of Deputy Director, Financial Management Staff.
3-8.800	Requests for relocation expenses requires approval of Deputy Director, Financial Management Staff.
3-8.900	Request to hold LECC asset forfeiture training funded from Asset Forfeiture Fund requires approval of LECC/VW Staff, EOUSA.
3-8.990	To seek authorization for a working meal at a district conference requires approval of Deputy Director, Financial Management, EOUSA.
EOUSA Resource Manual at 113	To request printing of official court instruments, contact Printing/Procurement Unit, JMD, and Assistant Director, Facilities Management and Support Services Staff, EOUSA. If the need is recurring, a DOJ-2 should be submitted to EOUSA requesting a contract.
3-13.232	To use forfeited property for official use, request must be submitted to the Assistant Director, Facilities Management and Support Services, EOUSA.
3-13.530 and EOUSA Resource Manual at 130	For employees engaged in field work who need to obtain home to work transportation by government passenger carrier, approval is required by the Attorney General, through the Assistant Director, Facilities Management and Support Services, EOUSA.
3-14.100 .111	To acquire, relocate, or release space requires approval of Assistant Director, Facilities Management and Support Services, EOUSA. See also USAM 3-13.100.
3-15.160	To submit urgent reports about significant events or events of media interest or concern to the Attorney General and Deputy Attorney General, follow instructions set forth at USAM 3-15.160. Such events include bomb threats which directly involve a USAO, threats against USAO personnel, and any natural or man made emergency which affects the continued operation of an office. The urgent report procedures should also be followed for communicating significant developments to the Department of Justice in new or pending important cases. For example: 1) Where a Justice Department litigating division has assumed responsibility for a case -- one week advance notice should be provided to the appropriate supervisor whenever a major case development can be anticipated. A supervisor shall immediately report such information to the appropriate Assistant Attorney General. Upon receipt of the urgent report, the Assistant Attorney General shall notify the Associate Attorney General, when appropriate, the Deputy Attorney General and the Attorney General. 2) In cases where the USAO controls litigation, communication of major developments should be made to the EOUSA as soon as possible, and where the development can be controlled, at least one week in advance. An urgent report is required even where verbal notice has been given. EOUSA shall assume responsibility for further dissemination of the Urgent Report. 3) In cases where the USAO and DOJ litigating division are jointly involved in litigation, the USAO should report major developments to the EOUSA via the email Urgent Report system. Verbal discussion with litigating division is no substitute for this responsibility. 4) Suggested criteria for determining what are major developments are: 1) implications cutting across several federal agencies; 2) large monetary liability at issue; 3) State or local government unit as a party; 4) involvement of some aspect of foreign relations; 5) high likelihood of coverage in news media, or Congressional interest; and 6) any serious challenge to Presidential authority national security concerns. See 3-18.200.
3-15.170	The Deputy Attorney General (DAG) may authorize the appointment of United States Attorneys and Assistant United States Attorneys as Special Deputy United States Marshals to enable them to carry firearms in accordance with the 1988 DOJ policy pertaining to the carrying of firearms by United States Attorneys and Assistant United States Attorneys. Follow instructions set forth in the EOUSA Resource Manual at 132.
3-18.100	All non GAO surveys, questionnaires, requests for information, should be submitted to Donna Enos, Office of the Director, EOUSA, for EOUSA, for coordination.
3-18.120	If contacted by GAO, another component of the Department, or anyone else concerning a GAO visit, contact the Counsel to the Director, EOUSA.
3-18.200	Urgent Reports Procedures are set forth at USAM 3-18.200. See also USAM 3-15.160.
3-19.123	Unusual witness expenses such as babysitting fees, ambulance service or high seasonal accommodations, which cannot be absorbed from witness allowances, require approval. Special Authorizations, Written Request: Form OBD-47, "Request, Authorization and Agreement for Fees and Expenses of Witnesses and Alternative Dispute Resolution Neutrals for Fees and Expenses of Witnesses."
3-19.125	For payment of fees and expenses for witnesses during lapse of appropriation, see USAM 3-19.125.
3-19.310,3-19.320	For witnesses residing outside of the United States, contact the Office of International Affairs (OIA) prior to contacting United States citizens and Alien residents who are in foreign countries and whose status as United States immigrants is unchanged. Since foreign nationals residing in the foreign countries are not subject to the subpoena power of U.S. courts, their attendance can be obtained only on a voluntary basis. Obtaining testimony from foreign nationals is often a delicate matter, and care must be taken to avoid offending the sovereignty of the foreign country involved.
3-19.812	The Office of International Affairs, Criminal Division, or the Office of Foreign Litigation, Civil Division should be consulted in the case of depositions to be taken in the United States at the request of a foreign court.
3-19.851	Psychiatric examinations in tort cases, to determine the extent of injuries, require approval in the same manner as other expert witnesses are submitted. These examinations must not take place without written approval of the opposing counsel, or a court order under Fed. R. Civ. P. 35.