3-8.100 Operational Expenses
3-8.130 Expenditures and
3-8.220 Extradition Expenses
3-8.230 Foreign Counsel
3-8.232 Foreign Witnesses
3-8.240 Payment of Travel
Counsel to Attend Depositions Taken at the
Instance of the Government
3-8.280 Payment of Expert
Appointed by the Court
Under Federal Rules of Evidence
3-8.300 Phasing Down United
Attorney Operations During a
Lapse in Appropriations
3-8.311 Lapse in
3-8.312 Lapse in
3-8.313 Lapse in
Appropriations -- Furloughs
3-8.314 Travel During a Lapse
3-8.315 Payment of Fees and
Witnesses During a
Period of Lapsed Appropriations
3-8.321 Legal Operations --
Matters to be
a Lapse in Appropriations
3-8.400 Appraisers and Masters
3-8.420 Court Reporters
3-8.430 Employment of
3-8.440 Employment of
in Lands Cases
3-8.450 Grand Jury Reporting
3-8.520 Expenses Incurred on
3-8.540 Notary Expenses of
3-8.550 Expenses Requiring
3-8.570 Expenses Incurred in
Brought on Behalf of a Government Agency or
3-8.600 Advance Payments of
3-8.622 Chargeable to "Fees
and Expenses of
3-8.623 Chargeable to Legal
Divisions of the
3-8.624 Chargeable to United
3-8.625 Chargeable to Other
3-8.630 Certifying Officers
3-8.640 District Budgets
3-8.700 Travel Authority
3-8.720 Payment for Travel
3-8.730 Foreign Travel
3-8.740 First Class
3-8.900 Law Enforcement
3-8.990 District Office
The Director of the Executive Office for United States
the official responsible and accountable for the appropriation of
Offices of the United States Attorneys. Each United States Attorney
been delegated authority to manage the funds/budget of his/her
within certain limitations. That delegation is normally
through the Administrative Staff of the Office of the United States
Financial expenditures should remain consistent with the
of each office and within the guidelines and regulations set forth
the various statutes and the Department of Justice.
Cross reference(s): USAM §§ 3-8.100 et seq.; 3-8.300 et
3-8.600 et seq.; 4-1.310; 4-1.410; 4-1.600; 4-10.100;
5-12.111; 5-12.613; 6-6.130; 6-5.322.
The Anti-Deficiency Act (Act) states that: 1) the government
make or authorize an expenditure exceeding an appropriation; or 2)
involve the government in a contract for money before an
is made, unless authorized by law. 31 U.S.C. § 1341(a). This
that you may not contract or obligate the United States Attorneys'
appropriation for services to be performed outside of the current
year, absent explicit statutory authority.
You should be particularly mindful of this restriction if you
contemplating entering into any consent decree. Please ensure that
terms of the consent decree DO NOT obligate the government to
funds beyond your office's litigation budget or beyond the current
fiscal year. If you ever need an exception to this restriction, you
consult with and obtain prior approval from the Executive Office
United States Attorneys (EOUSA) before executing the agreement.
Such a consultation will give EOUSA the ability to review the
feasibility and legality of such expense and an opportunity to
with Department of Justice officials and Congress to obtain
This restriction does not apply to your delegated authority to
settle civil cases up to $1,000,000 paid out of the Judgment Fund.
28 C.F.R. § 0.168.
Depositions should be taken whenever possible, to reduce
expenditures. Depositions should be taken before notarial officers
other officer authorized for administering oaths.
United States Attorneys are authorized to incur the necessary
expenses of taking depositions. If a salaried federal court
used, the reporter is entitled to compensation for the production
transcript only (attendance fees may not be paid). Payment of an
attendance fee would be considered a violation of the prohibition
against dual compensation. 5 U.S.C. Sec. 5533. The salaried federal
reporter is not controlled by the court-reporting law (see 28
Sec. 753) as to charges for work not regulated by that statute.
to stenographers for services should be in accord with prevailing
Stenographic and notarial charges related to depositions for
indigent persons are paid by the Department of Justice only in
Depositions to be taken in a foreign country must be channeled
through the Department of State in the same manner as subpoenaing
witness who resides in a foreign country to appear in court.
Authorization can be obtained to pay for the services of
and stenographers if none are available in the embassy or
upon approval of the Deputy Director, Financial Management Staff,
The Office of International Affairs in the Criminal Division,
Office of Foreign Litigation in the Civil Division, should be
in the case of depositions to be taken in the United States 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
with the Special Authorization Unit, Justice Management Division
to provide advance authority to the consular official to reimburse
witnesses in the same manner as those appearing in federal courts.
Deposition expenses of experts who will not be government
must be paid as a litigative expense of the United States
The Criminal Division, Office of International Affairs, will
specific guidelines, and suggestions, as well as the necessary
clearances for all extradition proceedings.
All other information relating to extradition should be
from EOUSA, as well as the other relevant sections of other titles
the United States Attorneys' Manual.
United States Attorneys have authority to incur expenses to
foreign counsel. Contact the Financial Management Staff, EOUSA, for
Consular officials will normally serve subpoenas on American
citizens (including American Nationals who, while not citizens, owe
permanent allegiance to the United States, as well as alien
who have been lawfully admitted for permanent residence in the
States, although not citizens) residing abroad, except in those
countries (such as Switzerland) which prohibit foreigners from
legal documents. In these cases, the Office of International
the Criminal Division or the Office of Foreign Litigation in the
Division should be consulted, as appropriate.
American citizens are entitled to compensation for travel and
expenses in these cases. When the testimony of the employee of a
government is contemplated, it is imperative that the attorney
request directly to the Office of International Affairs in the
Division, or the Office of Foreign Litigation in the Civil
prior to communicating with the witness or the foreign government.
appropriate office will request the Department of State to obtain
approval of the foreign government involved.
Payment for subsistence, witness fees, and actual cost of
for both American and foreign citizens, is fixed by 28 U.S.C. Sec.
18 U.S.C. Sec. 3503(c) specifies that whenever a deposition is
at the instance of the government, the court may direct that the
expenses of travel and subsistence for the defendant and his/her
attorney for attendance at the deposition be paid by the
those instances where the United States Attorney's Office is the
prosecuting office and is directed by the court to pay such costs,
expenses will be considered to be litigative expenses chargeable
the United States Attorneys' appropriation. Defendant and his/her
counsel will be reimbursed for "reasonable expenses", i.e., only
expenses for which a government employee traveling under government
travel regulation would be reimbursed.
The Court Interpreters Act of 1978 requires the Director,
Administrative Office of the U.S. Courts to "establish a program to
facilitate the use of interpreters in courts of the United States."
Administrative Office of the U.S. Courts will prescribe standards
interpreter qualifications and will certify the qualifications of
individuals who may serve as interpreters in bilingual proceedings
in proceedings involving persons whose hearing is impaired.
All costs for interpreter services necessary to enable a party
comprehend the proceedings in the courtroom or in chambers, to
communicate with counsel in the immediate environs of the courtroom
connection with ongoing judicial proceedings and to communicate
presiding judicial officer are payable from funds appropriated to
judiciary. Interpreter services required by a criminal defendant to
the government furnishes representation under the Criminal Justice
are payable from funds appropriated to support that Act.
The United States Attorney is generally chargeable only for
interpreter services necessary to interpret the testimony of
government witnesses in the investigative stage. When the case goes
trial, those trial related interpretive expenses, can be requested
the Special Authorization Unit (FEW appropriation).Although
situations are the most common occasion for the use of
interpreters may also be engaged for services necessary to
course of litigation. They may be paid for, or provided
facilities, equipment or materials as necessary and appropriate to
satisfy the United States Attorney's requirements.
Interpreters are required to execute a written oath as
Administrative Office of the U.S. Courts. The rate of compensation
should be fixed by agreement with the interpreter before the
renders the service required by the United States Attorney. Rates
compensation should correspond to rates paid by the court. The
Administrative Office of the U.S. Courts regulation (Sec. 1.72)
currently permits the presiding judicial officer to fix reasonable
compensation according to the prevailing rates at the location
designated interpreter regularly works.
It is the responsibility of investigative agencies to pay the
to translate and transcribe recordings of foreign language
conversations obtained under authority of Title III of the Omnibus
Control and Safe Streets Act of 1968, 18 U.S.C. Secs. 2510 to 2520.
Federal judges are allowed to appoint expert witnesses to
court in the performance of its duty on a particular case or
under Fed.R.Evid. 706. The court may either appoint an expert of
choosing or one agreed upon by both parties. The expert's
be taken by any party and he/she may be called to testify by the
or any party.
The compensation of expert witnesses appointed by
Court under Fed.R.Evid. 706 is treated as a litigative expense
chargeable to the litigating agency of the government. 58 COMP.GEN.
259 (1979). In those instances where the Department of Justice is
litigating agency, the expenses of the court-appointed expert
are payable from the appropriation "Fees and Expenses of
- Criminal Proceedings and Civil Condemnation
Civil Proceedings. Fed.R.Evid. 706 provides that in
civil actions, the compensation of court-appointed experts shall be
by the parties in such proportions and at such times as the court
directs. Any compensation charged to the Department of Justice will
paid from the appropriation "Fees and Expenses of Witnesses."
Authorization and Payment Procedures. When the expert
appointed by the court, the United States Attorney should submit to
Justice Management Division an OBD-47 accompanied by a copy of the
order appointing the expert witness under Fed.R.Evid. 706.
Exclusion Under Fed.R.Evid. 706. The appointment of
witnesses for an indigent defendant in criminal cases or in civil
corpus cases is not provided under Fed.R.Evid. 706. In such
the Criminal Justice Act authorizes the court-appointed defense
to hire an expert witness on behalf of indigent defendant. The
of the expert will be paid by the Administrative Office of the U.S.
Courts from funds appropriated for the implementation of the
In the event there arises a situation in which an appropriation
funds may not be available for operation of the Department of
the United States Attorneys' offices will proceed under the
set forth below, in compliance with the Antideficiency Act, 31
Sec. 1341. The Antideficiency Act, as construed by the Attorney
provides that, in the absence of appropriation, no obligation can
incurred except for the protection of life and property, the
suspension of operations or as otherwise authorized by law.
In the event of an impending lapse in appropriations, the
Attorney General for Administration will notify all Department
of pending furloughs and phasing down operations. The EOUSA will
contact each United States Attorney with more specific information
instructions and will keep them aware of any more current
available from the JMD and the Office of Management and Budget and
specific provisions of the Congress.
Upon notification of a pending lapse in appropriations, the
States Attorney shall identify employees who are necessary to
legal operations as defined in USAM
3-8.321. At the instance of a lapse in appropriations, only
employees necessary to sustain the legal operations defined in USAM 3-8.321 shall be permitted to
working. All other employees may only remain in duty status to the
extent necessary to facilitate an orderly phasedown of
activities. The United States Attorneys shall identify the
employees who are considered excepted and shall notify each
his/her status, in the event of a lapse in appropriations. The
States Attorney has authority to recall individual employees as the
arises and to substitute furloughed employees for non-furloughed
employees if the furloughed employees are able to assume the case
designated as "emergency.
" The United States Attorney does not have the authority to recall
employees because of the financial hardships they may be suffering.
Any employees designated non-excepted will be furloughed upon
lapse in appropriations. During this time the employee will be in
non-pay, non-duty status. The employee will be notified by his/her
supervisor or through some other communication channel when to
work. Reduction-in-force procedures (5 C.F.R. Part 351) will be
whenever an employee must be furloughed for more than 30 days.
All travel directly relating to criminal and civil litigation
continue. All other travel, although previously authorized, will be
cancelled, upon a lapse in appropriations. Any employee on travel
funding lapse occurs should immediately contact his/her superior.
time is needed to seek a continuance or the employee is involved
matter that poses a life or property constraint, see USAM 3-8.321, he/she will receive
instructions from his/her superior. In all other cases, the
will be required to return home. Return travel and per
incurred in returning are authorized.
Use of witnesses, and any obligations incurred as a result, are
authorized in accordance with legal operations as defined in USAM 3-8.321 See also the EOUSA Resource Manual at 144, Payment
Fees and Witnesses During a Lapsed Appropriation.
All litigation and investigations which are essential to the
protection of life and property are to continue.
These should continue
without interruption as an activity essential to the safety of
life and the protection of property.
- Criminal Matters.
Civil Matters. Civil litigation will be curtailed or
postponed, to the extent that the Courts will permit such an
without harm to the interests of the United States. In the event
such an approach is not possible, civil litigation will continue
interruption as an activity essential to the protection of
The Department of Justice pays for the compensation of special
masters or appraisers the fees and expenses set by the court, but
reserves the right to refuse payment of unusual or unreasonable
and/or expenses. United States Attorneys may authorize reasonable
United States Attorneys may authorize payment of reasonable
compensation for special masters, guardians ad litem, or appraisers
appointed by the court as the result of an action brought by the
States. Vouchers for compensation and expenses of such individuals
be supported by copies of the order making the appointment and
compensation and expenses. Justice Management Division Form OBD-47,
"Request and Authorization for Fees and Expenses of Witnesses,"
used. The attorney should note on the form that it is being used
special master. The division administrative officer will forward
OBD-47 to Financial Operations Services, and administrative
United States Attorneys' Offices, and to the U.S. Marshal's Office
Fees and expenses of land commissioners will not be paid by the
Department. Land commissioners appointed pursuant to Rule 71A,
Rules of Civil Procedures are payable from funds appropriated to
As provided in 28 U.S.C. Sec. 753, each district court shall
one or more salaried court reporters who shall attend each session
record verbatim all proceedings in open court, and all other
as specified by statute, rule, order of the court or as requested
party to the proceedings. EOUSA interpretation of the statute
that every word in criminal proceedings be recorded, including
arguments. It is suggested that, in districts where it is not the
practice to record proceedings in full, application should be made
the court to take corrective measures insuring compliance with the
The salaried reporter is entitled to receive, in addition to
such fees for transcripts as may be prescribed from time to time by
court with the approval of the Judicial Conference. These fees are
collectible from the parties, including the United States. The
Department of Justice is not financially responsible for any part
transcript furnished to: the court; opponent counsel; to persons
proceeding in forma pauperis; nor for the reporter's travel
except that, on approval of the court, the cost of the original and
copies may be apportioned among the persons to whom they are
If the government requires daily transcripts, any additional
involved in providing more rapid delivery must be borne by the
The only exception to this is in rural areas, where the court
may need to hire reporters from outside the community area to help
produce hourly, daily, or expedited transcripts. In such instances,
reporter may bill the ordering party for the subsistence costs of
reporters or auxiliary personnel. The costs are authorized up to
amount of travel subsistence that a government employee may be
reimbursed for the same travel. An attendance fee for auxiliary
personnel is not billable to the ordering party. Court Reporter
Chapter XX at 10.
Departmental appropriations are not available for payment of
reporters fees for recording court proceedings. If the salaried
is unable to report on court proceedings, the matter of obtaining
additional reporters is a consideration for the court.
In view of the difficulty of obtaining the services of a
court reporter in Lands Commissioner cases, and because Department
Justice appropriations may not be used for additional reporters,
Director of the Administrative Office of U.S. Courts has advised
in special cases when the salaried court reporter is unavailable to
report these hearings, it will authorize the appointment of a
court reporter for that purpose. In such cases, the United States
Attorney should request that the judge secure authority for
from the Administrative Office for U.S. Courts.
Grand jury reporting may be performed by an employee of the
States Attorney's Office (Fed.R.Crim.P.Rule 6(d)) or by a
reporter engaged for the purpose. The salaried federal court
may report grand jury proceedings, but he/she may only be paid for
transcripts produced, not for time worked; payment to a salaried
court reporter for time worked would be considered a violation of
statutory prohibition against dual compensation. 5 U.S.C. Sec.
It is the policy of the Executive Office for United States
that hourly, daily, or expedited transcripts should not be ordered
unless absolutely necessary. All orders for hourly or daily
must be expressly authorized in advance by the United States
First Assistant United States Attorney, and documentation of such
authorization must accompany all payment vouchers for hourly or
Ordinarily, only one transcript should be purchased in any
except Court of Claims cases or depositions. Any decision by the
States Attorney to order more than one transcript must be based on
absolute necessity for the availability of funds. Transcripts
only be purchased as required, for heads of the legal divisions of
Department of Justice and their assistants, United States Attorneys
their assistants, and other attorneys assisting in the case. Other
government agencies interested in obtaining transcripts should make
arrangements for purchase directly from their own appropriations.
Department of Justice funds are available for payment of transcript
furnished to the court, either at its request or that of the
The official copy in the files of the clerk of the court should be
by the court in these cases.
Following is a listing of expenses which may be incurred for
proceeding in forma pauperis, and the responsibility for such
Costs relating to subpoena
and fees of indigent defendants witnesses are the responsibility of
Department of Justice and payable at the rates prescribed for
pursuant to 28 U.S.C. Sec. 1821.
- Fact Witnesses.
Expert Witnesses. Expert witnesses called by the
necessary to the adequate defense of an indigent person are paid
funds appropriated for the implementation of the Criminal Justice
the Administrative Office of the U.S. Courts. These expenses are
authorized on Form CJA-21 after certification by counsel for the
indigent defendant and approval by the presiding court or
Experts called by the court are paid by the Administrative Officer
the U.S. Court. The Department of Justice will pay for expert
fees and expenses for expert witnesses appearing on behalf of the
government. United States Attorneys have authority to employ an
witness appearing on behalf of the government.
Mental Examinations for Indigent Persons. Expenses
examinations under 18 U.S.C. Sec. 4244 to determine a defendant's
competency to stand trial are always the responsibility of the
Department of Justice. Expenses for examinations to determine a
defendant's mental responsibility at the time of the alleged
paid by the Administrative Office of the U.S. Courts except when
request is made by the United States, in which case the Department
Justice is responsible. See Department of Justice Order 2110.20A
Depositions. Expenses for travel and subsistence of
defendant and defendant's counsel for attendance at a deposition
pursuant to Rule 15(c) Fed.R.Crim.P. are payable by the prosecuting
agency. The purpose of such a deposition is to preserve evidence
prosecution, and all costs should be assigned to the prosecuting
regardless of the availability of funds appropriated for the
Justice Act. (Decision of Administration Counsel, Department of
November 26, 1975.) The United States Attorney may authorize such
expenses in a similar fashion as other litigation
Fees and expenses for depositions of fact witnesses, including
cost of recording and transcribing the proceeding, for indigent
shall be paid by the Department of Justice in the same manner as
expenses and fees for fact witnesses testifying in court. See
Fees and expenses for depositions of expert witnesses of the
defendant are paid by the Administrative Office of the U.S. Courts.
Officers and employees of the Department of Justice who are
to serve as notaries public in connection with the performance of
business may be allowed their expenses under the following
- Performance of notarial duties must have been
part of the duties of the employee.
- If the individual first qualified as a notary for a personal
purpose, and subsequently was required to serve officially, such
percentage of his/her expenses shall be paid as the official use of
his/her authority bears to the use of the notarial powers, the
individual certification being acceptable as to percentage.
- The expense of obtaining commissions includes bond premiums,
official seal, etc.
- Payments subsequent to initial qualifications are limited to
actual expenses of maintaining notarial authority.
- Funds available for personal services or general
expenses for the fiscal year in which the expense was incurred
- Receipts are only required for amounts in excess of
Procedures for reimbursement of qualification expenses are
established in Department of Justice Order 2110.7A (July 15, 1975).
Payments are made by use of SF-1164, Claim for Reimbursement for
Expenditures on Official Business.
Litigative expenses are defined in OBD Order 2100.1A (April 6,
1976), as "those which result directly from actions of the courts
have a direct connection with the prosecution of a case." They
court reporting, filing, fees, interpreters, consultants,
legal notices, transportation of evidence, special masters, and
reports from experts who will not serve as witnesses (e.g.,
United States Attorneys may incur litigative expenses without
authorization from the Executive Office for United States
Administrative expenses which the United States Attorneys may
approve include the purchase of supplies (as approved under
procurement instruments), employee travel, overtime, and changes to
telephone service (except complete system overhaul).
In 38 COMP.GEN. 343, the Comptroller General ruled that when
Congress has specifically authorized a particular government agency
corporation to undertake litigation in the pursuance of its duties
responsibilities, i.e., the agency can "sue or be sued", the
out-of-pocket expenses incurred in prosecuting or defending such
will be properly chargeable to the appropriations of that agency or
corporation, even though the Department of Justice may prosecute or
defend any litigation in which the agency or corporation becomes
Further, those government agencies that lack Congressional
authorization to institute suit or defend against legal actions
Farmers Home Administration) are also prohibited by the Comptroller
General from using their appropriation to pay for litigative
These agencies must rely upon the Department of Justice to act in
behalf and, as a result, all out-of-pocket expenses relating to the
litigation are properly chargeable to the United States Attorneys'
appropriation as litigative expenses.
Out-of-pocket expenses are generally defined as those expenses
incurred for Services provided by a private vendor (i.e., persons
firms outside the federal government) which are directly related to
conducting the litigation at hand.
In assisting in foreclosure proceedings, the U.S. Marshals
incurs various out-of-pocket expenses associated with the
Out-of-pocket expenses are defined as those costs incurred for
advertising, property appraisals, abstract supplementation and any
services provided by private vendors which are directly related to
conducting the foreclosure proceedings. Intrinsic expenses such as
Marshals' fees, commissions, mileage, per diem, salaries, etc., are
assumed by the U.S. Marshals Service to be constructive earnings
not expenses that are chargeable to the United States Attorneys'
The U.S. Marshals Service will be reimbursed for the
expenses incurred in foreclosure proceedings in either one of two
First, when a third (i.e. non-government) party is the successful
for the mortgaged property at the foreclosure sale, the bid is paid
the court and a fund is created. The U.S. Marshals Service is
from this fund for all appropriate expenses incurred before the
then disbursed to the first lien creditor, then to other creditors
order of priority or to the court for distribution as the court may
direct. The United States Attorneys' appropriation may not be
the U.S. Marshals for out-of-pocket expenses incurred in a
sale. If the United States Attorney's office in the district in
the litigation occurred had inadvertently been billed and paid for
of the out-of-pocket expenses associated with the litigation, the
States Attorney should seek reimbursement for payments from the
Secondly, in those cases where the government, through the
Home Administration, is the successful bidder at the foreclosure
no fund is created. Instead, all out-of-pocket expenses incurred
properly chargeable to the United States Attorneys' appropriation.
U.S. Marshals Service should submit an itemized voucher for
out-of-pocket expenses incurred in a foreclosure proceeding to the
United States Attorney in the district responsible for handling the
litigation. The United States Attorney must sign the voucher and
that the charges billed are appropriate for payment.
In accordance with 31 U.S.C. Sec. 3324, prohibiting advance
of public monies, no disposition of funds should be made for
rendered, purchases made, etc., until the transaction has been
accomplished. An exception to this rule is permitted if advance
is authorized by "other law." This provision has been interpreted
include state law. Therefore, if state law requires the advance
of filing fees, for instance, such payments may be issued upon
appropriate showing of the requirement of law. A voucher prepared
issuance of an advance payment should specifically identify the
requiring payment in advance.
The appropriation "Salaries and Expenses, United States
Department of Justice," is chargeable with the expense of operating
United States Attorneys' offices.
The date on which fees are earned, services rendered, or
incurred, and not the date of certification of payment, determine
fiscal year from which payment shall be made, except that bills for
metered commodities or services such as electricity, telephone,
shall be paid from the appropriation current at the end of the
Expenses chargeable to the appropriation "Fees and Expenses of
Witness" are as follows:
Expenses chargeable to the Legal Divisions include:
- Fees for attendance, per diem and traveling expenses
attendance of witnesses, both expert and fact, for witnesses
for United States in proceedings in U.S. Courts or U.S.
hearings. See USAM 3-19.100, and
EOUSA Resource Manual at 135 and
- Traveling expenses of government employees attending court
properly payable. See USAM
- Physical examinations of plaintiffs, witnesses, or defendants
contemplation of testimony in court.
- Expenses of examining prisoners to determine sanity as
in 18 U.S.C. Sec. 4244-8, including competency to stand trial
employment of psychiatrists, hospital expenses incident thereto,
- Expenses of Interpreters for Government Witnesses (trial
- Litigation expenses in cases for which a division
assumed direct responsibility; and
- Foreign counsel in extradition cases.
- Lands Commissioners;
- Interpreters, except for government witnesses; and
- Expenses authorized on behalf of indigent
Costs to translate and transcribe recordings obtained under
Vouchers involving expenses of the United States Attorneys'
must be certified by an authorized certifying officer of that
before submission for payment. 31 U.S.C. Sec. 82b.
Certifying officers are held responsible for the existence and
correctness of the facts stated on vouchers and their supporting
the legality of the proposed payment, and the correctness of
computations. 31 U.S.C. Sec. 82c, f.
There should be a minimum of two certifying officers in each
States Attorney's office. Revocation of an existing or nomination
new certifying officer requires approval of the Deputy Director,
Financial Management Staff, EOUSA. The Deputy Director, Financial
Management Staff should be notified of any changes to certifying
officers and completed forms should be on record. SF-210 should be
executed by each United States Attorney and by any person nominated
be a certifying officer. This form should be sent to the Executive
Office for approval. Upon receipt of authority from the Executive
Office, the nominee may begin to certify.
All United States Attorneys' districts are issued either
allowance categories (9 categories in district/OCDE) or financial
operating plans. These allowances/operating plans are issued to the
United States Attorney in the district and it is his/her
to manage the district operation within the approved resource
Each fiscal year, Financial Operation Guidelines will be issued
detail the requirements and policy pertaining to the Financial
Allowances and Operating Plans of the Offices of the United States
Attorneys including any limitations on funds transfer or use.
A Report of Obligations Incurred is due to the Executive Office
the seventh day of January, April, July and October of each year.
report provides information on resource consumption by allowance
category or object class code and requires the United States
present a narrative justification for unusual spending trends.
Travel is governed by standardized government travel
supplemented by the Department of Justice Order 2200.11(d) (January
United States Attorneys may authorize their own travel (except
foreign and first class) as well as that of their subordinates
within the United States by common carrier; personal vehicle (auto
airplane); or car rental, either commercial or through General
Administration. In accordance with DOJ Order 2200.4(g), this
is extended only to field component heads who report directly to
component officials in Washington, D.C.
The United States Attorneys may redelegate their authority to
travel to a position that is a higher level than the traveler. In
addition, the United States Attorney may authorize non-federal
be reimbursed by a non-federal entity only after the Executive
for United States Attorneys, Legal Counsel considers ethics issues
and/or travel reimbursement and approves the reimbursement from the
Per Diem and Actual Subsistence
The United States Attorneys may also authorize per diem and
to designated and non-designated high-rate areas, and other
miscellaneous expenses such as official telephone calls charged by
commercial communication services or hotel. The United States
are delegated authority to authorize, in cases of emergency, local
travel expenses and the use of cash in excess of $100 for
transportation, i.e. bus, subway, and taxi fares.
Effective May 1, 1997, the General Services Administration, the
Department of State, and the Per Diem, Travel and Transporation
Allowances Committee of the Department of Defense, have amended the
travel regulations to permit agencies to authorize actual
reimbursement up to 300 percent of per diem, for travel within or
outside the Continental U.S. and in foreign countries. This
may be exercised for travel circumstances in which actual
to 150 percent of per diem was formerly authorized. (See pp.
24,431-24,437 of the May 5, 1997, Federal Register and pp. 30,
280-30,297 of the June 3, 1997, Federal Register).
In accordance with the Federal Travel Regulations. Part
the United States Attorneys may redelegate their authority to
actual subsistence two levels below their position, subject to the
- Requests for Actual Subsistence must be justified in writing
to the District Administrative Office. The justification must
why meals or lodging could not be obtained within the GSA per diet
schedule. Requests should be received and approved prior to the
departure travel date. On occasion, a hotel may charge a traveler
higher rate without notice, but this is the exception rather than
rule. If approved, actual subsistence must be noted on the travel
authorization form along with the justification.
- The conditions warranting authorization of actual subsistence
- Travel assignments involving special or unusual circumstances,
meetings, conferences or training session, where lodging and meals
procured at a pre-arranged place.
- Travel to an area where the applicable maximum per diem
generally adequate, but subsistence costs have escalated for short
periods of time because of special functions or events.
- Affordable lodging accommodations are not available or cannot
obtained within an reasonalbe commuting distance of the employee's
temporary duty station and, transportation costs to commute to and
the less expensive lodging facility consume most or all of the
- The employee, because of special duties of the assignment,
necessarily incurs unusually high expenses in the conduct of
- All redelegations must be in writing, submitted to the
Director, ResourceManagement and Planning, and granted to a
title rather than an individual.
Reimbursement for employees are paid by the district through
Accounts Payable Travel Module System (A/P TRAV). All travel
must be authorized by the United States Attorney or delegated
and approved by an official designated by the United States
The designated official is responsible for certifying to the
of the voucher and the propriety of payments.
Advance of travel funds may be obtained from the districts
administrative office through the issuance of a "draft" from the
TRAV System. Government non-card holders should complete the
Form 1038, application for Advance of Funds Application and Account
making a request. Government contract-issued charge card holders
authorized a minimal travel advance through the use of ATMs that
the government charge card.
Advances should not be given to non-Department of Justice
Exceptions may be made for state and local officials in cases where
there is no money in the state or local budgets to pay or the
The Executive Office requires at least two weeks advance
notification of proposed foreign travel. Definite dates of travel
need to be provided for purposes of this notification; however, the
approximate period of time in travel status must be indicated so
estimate of per diem expenses can be computed. Two weeks advance
notification is required so that necessary coordination can be
accomplished with the Department and with the Department of State.
In order to insure that the international ramifications of
foreign travel are fully considered, each travel proposal must
the consent of the Criminal Division. The Executive Office also
the consent of that section of the organization having general
supervisory responsibility over the type of case to which the
pertains. If preliminary contact has been made with either
this request should indicate the name(s) of individuals who are
with the proposed travel.
All official foreign travel by employees occupying Executive
Schedule and Senior Executive Service positions must be authorized
the Deputy Attorney General. See DOJ Order 2200.11(d), Section
First class transportation may only be authorized by the Deputy
Director, Financial Management Staff, EOUSA, in accordance with the
criteria established in Federal Travel Regulations, Section
requests for first class transportation must be submitted in
the Executive Office. United States Attorneys should complete a
Class Authorization Request for review and approval. First class
should only be requested for the reasons allowed under Federal
Regulations, Section 301-3.3, or when it can be shown that first
accommodations will result in overall savings to the government
economic considerations such as additional subsistence costs that
be incurred while awaiting availability of less-than-first-class
accommodations. In most instances, United States Attorneys should
request first class travel after all other efforts have been made
obtain regular coach fare for the intended trip.
The Federal Travel Regulations allow the Department of
Justice to authorize payment of relocation services and related
expense reimbursements for employees who are being transferred in
the best interest of the government. The authority to approve
relocation expenses is vested in the Assistant Director, Resource
Management and Planning (RMP), Executive Office for United States
Attorneys, and is not redelegable. Previously, articulated
policy has limited this standard to the following
1. A managerially directed relocation, or
2. A relocation effected for the health and/or safety of an
3. A relocation necessitated by the inability to staff a
position with a qualified applicant from within the local
Payments of relocation costs will not be considered when the
employee has requested the transfer for his/her own benefit.
Payments of relocation costs also will not be considered
unless the United States Attorney shows evidence that every
effort was made to find applicants from the local area.
The cost of relocation expenses which are approved by the
Assistant Director, RMP, will be assessed against individual
districts, through a combination of reduced financial allowances
and workforce levels.
The General Services Administration (GSA) Employee Relocation
Services Contract is available to Department employees through
the GSA Federal Supply Schedule, Contract Number GS-23F-752H
under your delegated procurement authority. The contractors are:
Prudential Relocation, Cendant Mobility (previously known as PHH
Home Equity), and Associates Relocation Management Company, Inc.
This service cannot be obtained without prior approval of an
employee's relocation from RMP. For more details, please refer
to the Financial Management Handbook, Section 6.5.
Expenses of LECC operations should be applied to the
allowance category (i.e., travel, supplies, equipment, etc.).
When a district is planning to hold an LECC training program on
asset forfeiture and equitable sharing, the expenses may be
from the Asset Forfeiture Fund. Requests to hold asset forfeiture
training funded from the Asset Forfeiture Fund requires approval of
LECC/VW Staff, EOUSA. In order to have district funds replenished,
necessary to report the costs to EOUSA on the quarterly report on
forfeiture. When multi-district LECC and/or Victim Witness
meetings are held, the costs of the meeting can be shared by all of
District office conferences shall be conducted and reasonably
in a consistent fashion nationwide. Agenda subjects shall directly
relate to the mission of United States Attorneys' offices, and
attendance limited to district employees and individuals of
expertise to the agenda subjects. A copy of the agenda should be
forwarded to the Director, EOUSA at least 30 days prior to
commencement. Office conferences should not be scheduled for the
quarter of a fiscal year and, to the maximum extent possible,
held in the second half of the fiscal year. Conferences should be
limited to one and a half days in length with lodging, if required,
provided for the evening of the first day.
Attendance at conferences should be closely scrutinized. When
considering invitations to individuals from outside the district,
should be taken to include only those who have a specific expertise
are to participate directly in the agenda.
A conference site should be selected which minimizes common
transportation expense, and results in lowest overall cost to the
government if such expenses are being reimbursed to employees. For
districts with branch offices, this would generally require holding
conference in close proximity to the largest office.
Office conferences should be funded through savings from other
allowance/financial areas. Authorization for working meals requires
approval by the Deputy Director, Financial Management Staff,
|USAM Chapter 3-8