Freedomlaw.com UNITED STATES ATTORNEYS'MANUAL

_{UNITED STATES ATTORNEYS' MANUAL}

_DETAILED

_{TABLE OF CONTENTS FOR CHAPTER 1}

_{Page _INTRODUCTION_{. 1}}

_{PURPOSE OF THE MANUAL 1 AUTHORITY OF THE MANUAL ..........................................….......... 1 ORGANIZATION OF THE MANUAL 1 _Titles_{1 _Volumes2 _{Paragraph Numbering System}2 DISCLOSURE AND DISTRIBUTION 3 _{Disclosure of the Manual}3 _{Distribution of the Manual}3 Department of Justice 3 Other Federal Agencies 3 Public Purchase ₄REVISION AND MAINTENANCE 4 _{Department Communications}. 4}}

_Revisions₄_{Policy--Bluesheets 4}

_{Administrative Changes--Transmittals .............................. _Maintenance_{5 HOW TO CITE THIS MANUAL 5}}

_{October 1, 1988}

₍₁₎

_{CHAP. I UNITED STATES ATTORNEYS' MANUAL 1-1.310}

_{1-1.000 _INTRODUCTION}

_{1-1.100 PURPOSE OF THE MANUAL}

_{The _{United States Attorneys' Manual is}_{a looseleaf text designed as a quick and ready reference for U.S. Attorneys, Assistant U.S. Attorneys, and Department attorneys responsible for the prosecution of violations of federal law. It contains general policies and procedures relevant to the work of the U.S. Attorneys' offices and to their relations with the legal divisions, investigative agencies, and other components within the Department of Justice.}}

_{The Manual provides only internal Department of Jus'tice guidance. It is not intended to, does not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal. Nor are any limitations hereby placed on otherwise lawful litiga-tire prerogatives of the Department of Justice.}

_{1-1.200 AUTHORITY OF THIS MANUAL}

_{The _{United States Attorneys' Manual}_{was prepared under the general supervision of the Attorney General and under the direction of the Deputy Attorney General, by the United States Attorneys, represented by the Attorney General's Advisory Committee of U.S. Attorneys, the Litigating Divisions, the Executive Office for U.S. Attorneys, and the Justice Management Division. See A.G. Order 665-76. The Executiv. e Office for U.S. Attorneys coordinates the periodic revision of the Manual in consultation with the Attorney General, Deputy Attorney General and Associate Attorney General.}}

_{This Manual is intended to be comprehensive. When the contents of this Manual conflicts with earlier Department statements, except for Attorney General's statements, the Manual will control. Should a situation arise in which a Department policy statement predating the Manual relates to a subject not addressed in the Manual, the prior statement controls, but this situation should be brought to the attention of the Executive Office for U.S. Attorneys, Manual Staff, PAT Building, Rm. 6419, 601 D Street, N.W., Washington, D.C. 20530.}

_{For the relationship between this Manual and Department communications issued after its publication, see USAM 1-1.510.}

_{1-1.300 ORGANIZATION OF THE MANUAL}

_{1-1.310 _Titles}

_{The Manual is divided into nine (9) distinct titles:}

_{October 1, 1988}

₁

_{1-1.310 TITLE 1--GENERAL CHAP. 1}

_GENERAL

_APPEALS

_{EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS}

_CIVIL

_{LAND AND NATURAL RESOURCES TAX}

_ANTITRUST

_{CIVIL RIGHTS}

_CRIMINAL

_{Title 1 Title 2}

_{Title 3 Title 4 Title 5 Title 6 Title 7 Title 8 Title 9}

_{Each title has both a name and number to identify it and includes a table of contents, a prior approval section; a cross-reference table to the U.S. Code, a cross reference table to the Code of Federal Regulations, and an individual index.}

_{A comprehensive prior approval listing, U.S.C. Table, C.F.R. Table and general index are also included.}

_{1-1.320 _Volumes}

_{The Manual is published and distributed as a 4-volume set orby individual volume. See USAM 1-1.42'0. Each volume is described below:}

_{Vol. I -- Titles 1 to 3}

_{(GENERAL, APPEALS and _EOUSA)_{Vol. II -- Titles 4 to 8}}

_{(CIVIL, LAND and NATURAL RESOURCES, TAX, ANTITRUST, and}

_{CIVIL RIGHTS) Vol. III -- Title 9}

_(CRIMINAL)_{Vol. IV -- PRIOR APPROVALS, U.S.C. TABLE and C.F.R. TABLE, GENERAL}

_INDEX

_{For easy reference, the Manual is also available on the Justice Retriev-al Inquiry System (JURIS). See USAM 1-18.000 for JURIS Database.}

_{1-1.330 _{Paragraph Numbering System}}

_{The Manual employs a paragraph numbering system to facilitate the citation (see USAMl-l.600), retrieval, and revision of its contents. A brief explanation of the numbering principles follows, (using "1-2.345" as an example):}

_{The number located in the position of "1" is the Title.}

_{The number located in the position of "2" is the chapter within the Title. The number located in the position of "3" is the topic within the chapter.}

_{The number located in the position of "4" is the subtopic within the topic.}

_{The number located in the position of "5" is the paragraph number.'}

_{October 1, 1988}

₂

_{CHAP. 1 UNITED STATES ATTORNEYS' MANUAL 1-1.422}

_{1-1.400 DISCLOSURE AND DISTRIBUTION}

_{1-1.410 _{Disclosure of the Manual}}

_{The Manual is United States Government property. It is issued to be used in conjunction with official duties and must be returned to the appropriate administrative officer prior to leaving Department employ.}

_{All materials contained in the U.S. Attorneys' Manual, unless specifically designated to the contrary, are subject to the provisions of Title 5, U.S.C., Sac. 552(a)(2). Accordingly, this Manual must be made available for public inspection and copying pursuant to 28 C.F.R. § 16.2.}

_{The Manual is available for public inspection at all depository libraries, law school libraries, and the Library of Congress.}

_{1-1.420 _{Distribution of the Manual}}

_{The Manual is published by the Executive Office for U.S. Attorneys and is distributed in bulk to the administrative officer of each U.S. Attorney's Office or Division. _See_{USAMl-1.320. Proper distribution follows'.}}

_{1-1.421 Department of Justice A. United States Attorneys'}

_{U.S. Attorneys}

_offices:

_Library

_{Branch office library}

_{Division Chief}

_{Assistant U.S. Attorneys}

_{B. _{Legal Divisions:}}

_{Assistant Attorneys General Library}

_{C. _{Officesr Boards}_{and Bureaus: Director Library}}

_{One complete set}

_{One complete set}

_{Those volumes as required for}

_{efficient Job performance.}

_{One complete set One complete set}

_{Requests for additional copies of the Manual should be submitted in writing to the Executive Office for U.S. Attorneys, Manual Staff, PAT Building, Rm. 6419, 601 D Street N.W., Washington, D.C. 20530.}

_{A distribution list is also maintained by the Executive Office for U.S. Attorneys. All address changes should be submitted in writing to the above address.}

_{1-1.422 Other Federal Agencies}

_{For information on purchasing the manual, FTS 673-6348 or write to the above address.}

_{federal agencies should call}

_{October 1,.1988}

₃

_{1 - 1.423 TITLE 1--GENERAL CHAP. 1}

_{1-1.423 Public Purchase}

_{The Manual is made available to the public through the Government Printing Office (GPO). Mail orders should be sent to the following address:}

_{Superintendent of Documents}

_{Subscription Entry , U.S. GPO}

_{Washington, D.C. 20402}

_{Telephone orders:}₍₂₀₂₎_783-3238

_{(Not an FTS number.)}

_{1-1.500 REVISION AND MAINTENANCE}

_{1-1.510 _{Department CommunicatiOns}}

_{Every communication from the Department to all U.S. Attorneys (except the most urgent) shall, prior to dissemination, have noted on its face by its originator, the portions of the Manual, if any, affected, and be sent to the Executive Office for U.S. Attorneys for review and comment. Once all of the.affected portions of the Manual have been identified and the contents categorized as being policy or administrative, the communication shall be issued, _see_{USAM 1-1.520.}}

_{1-1.520 _{Revision of the Manual}}

_{There are two types of revisions to the _{United States Attorneys' Manual--}_{policy changes and administrative changes. All revisions received from a Department component which include new policy must first be issued as a bluesheet and reviewed by the .Attorney General's Advisory Committee of U.S. Attorneys before being permanently incorporated into the text of the Manual, see USAM 1-1.521. Revisions received from Department components which are purely administrative do not require review by the Advisory Committee and will be permanently incorporated into the text of the Manual, see USAM 1-1.522.}}

_{1-1.521 Policy Changes--Biuesheets}

_{The procedure for issuing bluesheets is as follows:}

_{A. All information received from a Department component and identified as new policy must be issued by the Executive Office as a bluesheet, (printed on light blue paper). This does not apply to communications from the Attorney General, Deputy Attorney General, and Associate Attorney General which are fully effective upon issuance.}

_{B. The Attorney General's Advisory Committee will review each blue-sheet before it is permanently incorporated into the text of the Manual. If the Committee objects to a bluesheet, the Committee will first try to resolve the disagreement directly with the Assistant Attorney General for}

_{October 1, 1988}

₄

_CHAP._{1 UNITED STATES ATTORNEYS' MANUAL 1-1.600}

_{the issuing division. Unresolved issues will be forwarded to the Associate Attorney General for resolution by the Advisory Committee.}

_{C. To ensure timely incorporation, all bluesheets will have a lifespan of five months, after which they will no longer be in effect unless incorporated into the text of the Manual or reissued.}

_{D. Once a bluesheet has been incorporated into the text of the Manual it is considered authoritative and part of the Manual.}

_{1-1.522 Administrative Changes--Transmittals}

_{The procedure for issuing administrative changes to the Manual is as follows:}

_{A. All information received from a department component and identified as administrative will be published by the Executive Office for U.S. Attorneys and issued as a transmittal.}

_{B. TransmittalE will be issued semi-annually..}

_{1-1.530 _{Maintenance of the Manual}}

_{The Manual is intended to function as do the commercial looseleaf services. Transmittals, composed of additional or replacement manual pages for each title will be mailed semi-annually to the administrative person responsible for in-office distribution, _see_{USAMl-l.420. Policy changes (bluesheets) are issued directly upon receipt and should be inserted in front of the affected section, see USAMl-l.521. Each holder of the Manual is responsible for inserting the materials received.}}

_{1-1.600 HOW TO CITE THIS MANUAL}

_{See USAM 1-1.330, paragraph numbering system. of the Manual.}

_{A. Information appearing in this Manual at paragraph 1-1.420 would be cited as:}

_USAM_1-1.420_(10/88)

_{B. If citing a particular page:}

_{USAM 1-1.420 at 4}

_{Pages are numbered consecutively within a chapter. Occasionally pages are lettered to facilitate their insertion between two numbered pages without requiring a reprinting of all subsequent pages in the chapter. Thus, the "4" in the above citation refers to the 4th page of the first chapter of Title 1. The date refers to the date of the most recent insert.}

_{October 1, 1988}

₅

_1-2.002

_{TITLE 1--GENERAL}

_{CI|AP. 2}

_{October 1, 1988}

₄

_{1-2.206 TITLE 1--GENERAL CHAP. 2}

_{1-2.206 Tax Division}

_{The Assistant Attorney General of the Tax Division has JUrisdiction over the prosecution of criminal proceedings arising under the internal revenue laws, with the exception of proceedings pertaining to misconduct of Internal Revenue Service personnel, to taxes on liquor, narcotics, firearms, coin-operated gambling and amusement machines, and to wagering, forcible rescue of seized property (26 U.S.C. § 7212(b)), corrupt or forcible interference with an officer or employee acting under the internal revenue laws (26 U.S.C. § 7212(a)), unauthorized disclosure of information (26 U.S.C. § 7213) and counterfeiting, mutilation, removal or reuse of stamps U.S.C. § 7208). See 28 C.F.R. § 0.70(b).}

_{The Tax Division is responsible for prosecution and defense in all courts, other than the Tax Court of civil suits, and the handling of other matters, arisin.g under the internal revenue laws, and litigation resulting from the taxing provisions of other federal statutes except for those matters assigned to the Criminal Division. The Division has authority over the enforcement of tax liens and mandamus, injunctions, and other special' actions or general matters arising in connection with internal revenue}

_{matters. The Assistant Attorney General of the Tax Division has jurisdiction over actions arising under Section 2410 of Title 28 of the United States Code whenever the United States is named as a party to an action as the result of the existence of a federal tax lien, including the defense of other actions arising under Section 2410, if any, involving the same property whenever a tax-lien action is pending under that section. See 28 C.F.R. § 0.70(c).}

_{The Assistant Attorney General of the Tax Division is authorized to handle matters involving the immunity of the federal government from state or local taxation (except actions to set aside _{ad valorem}_{taxes, assessments, special assessments, and tax sales of federal real property, and matters involving payments in lieu of taxes), as well as state or local taxation involving contractors performing contracts for or on behalf of the United States. See 28 C.F.R. § 0.71.}}

_{The Division supervises or conducts appellate litigation in civil and criminal tax cases, including appeals from decisions of the United States Tax Court.}

_{Policies and procedures are set forth more fully in Title 6 of the Manual.}

_{1-2.207 Justice Management Division}

_{The Justice Management Division (JMD) is the principal organizational unit responsible for management and administrative support in the Department of Justice. Under the direction of'the Assistant Attorney General for Administration (AAG/A), JMD provides Department-wide policy guidance for}

_{October 1, 1988}

₃₈

_{1-5.300 TITLE 1--GENERAL CHAP. 5}

_{1-5.300 OTHER DISCIPLINARY ACTIONS AGAINST ASSISTANT UNITED STATES ATTORNEYS}

_{The Associate or Deputy Attorney Genera] exercises the authority to take the final actions in matters pertaining to the discipline of an Assistant U.S. Attorney. _See_{28 C.F.R. § 9.19(a)(1). The authority to reprimand an Assistant has been redelegated to the Director of the Executive Office for U.S. Attorneys.}}

_{Disciplinary actions other than removal include written and oral reprimands, suspensions, reductions in grade or pay and furloughs for 30 days or less. These actions constitute either an adverse action for which certain procedures must be followed, or actions which may be grieved through the Department of Justice grievance procedure. Thus, any contemplated disciplinary action against an Assistant should be closely coordinated with the Executive Office for U.S. Attorneys.}

_{1-5.400 JUDICIAL DISQUALIFICATION}

_{28 U.S.C. § 445 deals with the disqualification of district court judges and it states in part:}

_{Any justice, judge, or magistrate, of the United States shall disqualify himself/herself in any proceeding in which his/her impartiality might reasonably be questioned.}

_{See also,}_{28 U.S.C. § 144; Code of Judicial Conduct, Canon 3.C(1)(a).}

_{28 C.F.R. § 50.19 establishes procedures to be followed by all government attorneys prior to filing a motion to recuse or disqualify a judge. The regulations require the written approval of the Assistant Attorney General of the appropriate division prior to filing or supporting a motion to recuse or disqualify the judge, justice or magistrate. In cases handled by a U.S. Attorney's Office, the views and recommendations of the client agency should be submitted with the request for approval.}

_{Approval or denial of such requests will be in writing. Oral authorization will be given, and should only be sought, if the litigation does not allow sufficient time to seek prior written approval. In such cases the attorney in charge of the case is required subsequently to prepare and submit to the Assistant Attorney General a written record fully reflecting that authorization.}

_{October 1, 1988}

₂

_{CHAP. 6}_1-6.000

_{UNITED STATES ATTORNEYS' MANUAL _{PRIOR APPROVALS}}

_{PRIOR APPROVAL REQUIREMENTS}

_1-6.000

_{USAM WHO MUST

_SECTION TYPE & SCOPE OF APPROVAL
APPROVE COMMENTS}

_{1-2. 306 Taking exception to the requirement to Assistant At-deposit seized cash into the Marshals torney General,}

_{Service Seized Asset Deposit Account. Criminal Division}

_{1-4 . 310 Deputy Attorney}_General

_{Participation by U.S. Attorneys and Assistant}_U.S._{Attorneys in outside cases.}

_{1-4.320 Engaging in any outside employment or Deputy Attorney the private practice of law by a U.S. General Attorney or Assistant U.S. Attorney.}

_{1-4.330 Teaching engagements}_by_{U.S. Attor- Deputy Attorney neys and Assistant U.S. Attorneys only General when the use of non-public information is contemplated.}

_1-5.100

_1-5.300

_1-5.400

_1-8.030

_1-8.090

_{Removal of an Assistant U.S. Attorney.}

_{Issuing written or oral reprimand, suspension, reduction in grade or pay,}_{and
furloughs for 30 days or less for an}_{Assistant U.S. Attorney,}

_{Filing a motion to recuse or disqualify a judge in any proceeding in which impartiality might}_{reasonably be}_questioned.

_{Proposing new leglslation or amendment to new legislation or any request calling for other action}_by_Con-grass.

_{Testifying on state or local legislation.}

_{Associate Attorney General}

_{Assistant Attorney General, Appropriate Di}_vision_{Written request required;}₂₈_C.F.R.

_§_{45.735-9@
le U.S.C. § 205; See USAM}_3-2.735(c).

_{See 28 C.F.R.}

_§_{45.735-9; See}

_USAM

_{3-2.735(d)(e).}

_{Written request}

_required;₂₈_C.F.R.

_§_45.735-121

_{See 3-2.734(B).}

_{Coordinated with EOUSA, Written request required See}_{20
_{U.S.C. §}}_{542; See
USAM 3-2.752.}

_{Authority to}_{reprimand AUSA}_{has been
r}_edele-_gatee_to_{Director,
EOUSA; See USAM 3-2.751.}

_{28 _{U.S.C. §}_{445;
47 Fed. Reg. 22094 (5/1/82); 2e C.F.R.}}

_§_50.19._Written_{request and approval required.
The views and recommendations}_of_{client agency must be sub}_{mitted with the}

_request.

_{Assistant Attorney General, OffiCe Of Leq-isletire Affairs}

_Assistant_{Attorney General, Office of Legislative Affairs}

_{October _1,₁₉₈₈}

₁

_{1-6.000 TITLE 1--GENERAL CHAP. 6}

_{USAM WHO MUST _SECTION_{TYPE & SCOPE OF APPROVAL APPROVE COMMENTS}}

_{1-10.110; .140}

_{1-13.100: .111;.120}

_{1-13.270: .380:.400}

_{1-13,430; .440}

_1-14.121

_1-14.740

_1-14.750

_{Arrangements for GAS visits and authorization to provide GAS with information contained in case files.}

_{Before a present or former employee of the Department may testify or produce department records in response to 8 subpoena or demand of the court or other authorities issued in any state or federal proceeding.}

_{Denial of demands for the production or disclosure of any material contained in the files of the Department, any information relating to material contained in the files of the Department, or any information acquired by}_{any person while such person
was an employee of the Department as a part of the performance
of that person's official duties or because of that person's official
status.}

_{To disclose information in violation of 28 C.F.R. § 16.26(b) which sets out}_{those
interests that the Department of Justice must protect.}

_{Unusual witness expenses such as baby}_{sitting fees,}_{ambulance service or}_{high seasonal accommodations, which cannot be absorbed from witness allowances, require approval.}

_{Authorization to sign any}_fee_{agreement with an expert witness.}

_{Authorization to employ expert wit}_ness.

_{Psychiatric examinations in tort cases}_to_{determine the extent of injuries.}

_{tire Office for U.S. Attorneys}

_{Appropriate Department Official}

_{Counsel, Execu- DOJ Order No. 2810.1 (dated June 13, 1980).}

_{AG Order}

_§_{919-80
(dated _{Dec. 4, 1980) 45}_Fed.
Reg._83,210(1980);
28 C.F. _{R. § 16.21 et.}_{seq.
Limited to subpoenas and demands issued}}_for_the_testimo_ny_{of Justice}_{employees or records only.}

_{Deputy Attorney Written approv-}

_{General al}_required._{28

C.F.R. 16.26

et. seq.}

_{Deputy Attorney 28 C.F.R.}

_General_J_16.26(b).

_Special_{Authorization Unit, Justice Management Division}

_{Special Authorization Unit, Justice Management Division}

_{Special Authorization}_Unit,_{Justice Management Division}

_Assistant_At_{torney
General of Appropriate Division Written Request.'
Form}_{OBD-47, "Department}_of
Jus_{tice Request and Authorization}_{for
Fees and Ex}_{penses of wit}_nesses.

_Written_Re-

_{quest.' Form OBD-47.}

_Written_request
and_written_approval._{In emergency situations}_{verbal
authorization Is sufficient, followed by submission of Form _OBD-47,}

_October_1,₁₉₈₈

₂

_{UNITED STATES ATTORNEYS' MANUAL}

_DETAILED

_{TABLE OF CONTENTS CHAPTER 14}

_WITNESSES_{..................................................................... REGULAR WITNESSES 1 _General_{1 Pre-Appearance Interviews 1 Subpoenas 1 Fees 2 Allowances 2 Advances 3}}

_{Payment of Fees and Expenses of Witnesses During a Period of Lapsed Appropriations 3 _{Certificate of Attendance and Payment}_{4 WITNESS' EXPENSES INCURRED ON BEHALF OF INDIGENT PER-}}_{SONS 4

_{Responsible Payor}₄}_{WITNESSES RESIDING OUTSIDE UNITED STATES 6 _{U.S. Citizens and Alien Residents Abroad}_{6 Subpoena 6 Witness' Fees 7 _{Foreign Nationals Residinq in Foreign Countries}8 Obtaining Attendance 8 Fees ₈Sample Court Orders 8 When a Prepaid Ticket is to be Tendered 8 When Cash is to be. Tendered 9 _{Request for Foreign Counsel}10 Interpreters. 10 FEDERAL GOVERNMENT EMPLOYEES AS WITNESSES (NON-MILI- TARY) 11}}

_{Compliance with Subpoenas Duces Tecum}_{11 'DOJ Employees Under Subpoena 11 Serving a Subpoena 12 _Fees_{.. 13 Expenses for Travel 13 Procedure for Payment 14 ARMED FORCES WITNESSES 14 _{Military Personnel}14}}

_{October 1, 1988}

₍₁₎

_{TITLE 1--GENERAL}

_{Fees and Travel Expenses 15 _Civilian_{Employee of the Armed Forces 15 PRISONERS AS WITNESSES L 15}}

_{EXPERT WITNESSES 15 _General₁₅}

_{Federal Government Employees as Expert Witnesses 16}

_{Payment of Expert Witnesses Appointed by the Court Under Federal Rules of Evidence 17}

_{FBI Services}_{18 _Name-Check_{18 _{Negotiat'ions}18 _{Authorization Procedure: Forms OBD-47 and OBD-12}20}}

_{Supplemental Requests}_{20 _{Procedure for Payment}₂₀}

_{DEPOSITIONS .... 21}

_General₂₁

_{Depositions Taken in a Foreign Country ...................... Depositions at the Request of a Foreign Court 22}

_{Payment of Travel Expenses of Defendant and Counsel to Attend Depositions Taken at the Instance of the Government}₂₂

_{Witnesses Under the Rules of Discovery}₂₂

_{Letters Rogato. ry; Depositions; Service of Summons and Other Court Orders to Witnesses Abroad}₂₃

_{Psychiatric Examinations}_{23 Psychiatric Examinations in Tort Cases 23 Psychiatric Examinations in Criminal Cases 23}

_{October 1, 1988}

₍₂₎

_{CHAP. 14 UNITED STATES ATTORNEYS' MANUAL 1-14. 112}

_{1-14.000 _WITNESSES}

_{1-14.100 REGULAR WITNESSES}

_{1-14 . 110 _General}

_{General assistance on witness matters is available by calling FTS 272-8429 or writing to the Assistant Attorney General for Administration, Attention: Special Authorizations Unit; Procurement Services Staff, Justice Management Division.}

_{The Department is authorized to pay for compensation of witnesses and informants at rates approved by the Attorney General or the Assistant Attorney General for Administration. _See_{28 U.S.C. § 524. Title V of Pub. L. No. 91-452 authorizes the Attorney General to provide for the security of government witnesses and potential witnesses, and members of their families. A detailed explanation of this program is found in USAM 9-21.000.}}

_{1-14.111 Pre-Appearance Interviews}

_{Neither the U.S. Attorney or his/her Assistants are empowered to issue subpoenas directing witnesses to appear at the U.S. Attorney's Office. _{See United States v. Thomas,}_{320 F.Supp. 527 (D.C.D.C.1970). The usual procedure is for the U.S. Attorney to request that the witness appear at the U.S. Attorney's Office a few days prior to the witness' scheduled appearance in court. Where the witness is willing to be interviewed prior to his/her scheduled appearance in court, the witness may be compensated. If the interview occurs during the time that the witness is under subpoena, compensation is granted pursuant to 28 U.S.C. § 1821. See USAM 1-14.120, infra. If the interview occurs prior to the return date of the subpoena, compensation is granted pursuant to 28 U.S.C. § 524. See United States v. Thomas, supra. In the latter situation, payment is made on the Form OBD-3, Fact Witness Voucher.}}

_{Expenses for travel solely for these interviews, separate from travel to respond to subpoena, are not normally authorized. In exceptional circumstances, however, where such travel is unavailable, a request must be submitted in advance by completing a Request and Authorization for Fees and Expenses of Witnesses, Form OBD-47. _See_{USAMl-14.750, infra. Pre-trial interviews should not exceed 3 days (5 days if a weekend is involved for an out-of-district witness).}}

_{1-14.112 Subpoenas}

_{Praecipes for subpoenas for witnesses are not required by Rule 17(a), Fed.R.Cr.P., and Rule 45(a), Fed.R.Civ. P. Praecipes for subpoenas should not be prepared unless local rules or _practice_{makes their use mandatory.}}

_{October 1, 1988}

₁

_{1-14 . 112 TITLE 1--GENERAL CHAP. 14}

_{Any praecipes necessary should be prepared by the U.S. Attorney or the Assistant in charge of the case.}

_{To facilitate service of the subpoena, the proper address of each witness should be obtained. If the witness' office and residence addresses are known they should both be given. The U.S. Marshal should be advised as to the race, height, sex, weight, age, and any unusual mark or identification of the witness so that the proper service may be made from the description given.}

_{1-14.120 _Fees}

_{Public Law No. 95-535, 92 Star. 2033 increased the witness allowances provided for in 28 U.S.C. § 1821. The fee provided is $30.00 per day.}

_{Witnesses in the district courts for the District of Guam and the Virgin Islands shall receive the same fees and allowances provided for witnesses in other district courts of the United States. For payment of fees and expenses of witnesses during a period of lapsed appropriation, _see_{USAM 1-14.123, and USAM 3-3,315.}}

_{1-14.121 Allowances}

_{The following miscellaneous rules govern witness fee allowances:}

_{A. Allowances for per diem for travel and attendance require that an overnight stay be involved. These allowances are based upon the allowances payable to government employees.}

_{B. Unusual witness expenses such as babysitting fees, ambulance service, high seasonal accommodations, etc., which cannot be absorbed from witness allowances, require prior approval from the Sp.ecial Authorizations Unit. Witnesses contracting for rental cars are not an allowable expense unless prior approval is obtained from the Special Authorizations Unit. If prior approval is not obtained from the Special Authorizations Unit, witnesses maybe reimbursed for rental car expenses.}

_{C. No constructive or double mileage fees shall be allowed for any person summoned both as a witness and a juror. See 28 U.S.C. § 1824.}

_{D. When a witness is subpoenaed in more thanone case at the same court, only one travel fee and one per diem compensation shall be allowed for attendance. Both shall be allotted to the case first disposed of, after which the per diem attendance fee alone shall be allotted to the other cases in the order in which they are disposed of.}

_{E. The appropriation acts provide that no witness is to be paid more than one attendance fee for any one day. This also applies to witnesses before United States Magistrates.}

_{October _1, 1988}

₂

_CIIAP._{14 UNITED STATES ATTORNEYS' MANUAL 1-14.123}

_{F. Witnesses who reside where the court sits shall not be paid for days on which court is not in session and no service is rendered.}

_{G. No officer of any court of the United States located in any State, Territory or the District of Columbia shall be entitled to witness fees for attendance before _any_{court or magistrate where he/she is officiating. See 5 U.S.C. § 5537.}}

_{H. The Attorney General has ordered that mileage payable to witnesses shall be computed on the basis of highway distances as stated in any general accepted mileage guide which contains a short-line nationwide table of distances and which is designated by the Assistant Attorney General for Administration for such purpose. In areas for which no such mileage guide exists, mileage payable under 28 U.S.C. § 1821 shall be based on the mode of travel used, the mileage of a usually-traveled route, and distances as generally accepted in that locality.}

_{Since August 1, 1956, U.S. Marshals have used the short-line nationwide distance tables and maps in the _{Rand-McNally Standard Highway Mileage Guide.}_{Mileage from residence to the nearest point appearing in the Guide will be computed via the direct highway route.}}

_{1-14.122 Advances}

_{It is the responsibiiity of the U.S. Marshal serving a subpoena or summons to determine whether or not the witness requires an advance in order to attend court. Advances no longer have to be requested or authorized by the U.S. Attorney requesting the appearance of the witness.}

_{1-14.123 Payment of Fees and Expenses of Witnesses During a Period of Lapsed Appropriations'}

_{The Antideficiency Act, 31 U.S.C. § 665(a) prohibits the government from routinely continuing to make expenditures under the Fees and Expense of Witnesses ("FEW") account or creating obligations in connection with its use of fact or expert witnesses: The Office of Legal Counsel has noted several exceptions:}

_{A. If a witness traveled to and from the courthouse because his/her appearance was directed by a court order issued prior to a lapse in appropriations, an obligation of payment is authorized in an amount sufficient to permit the Witness to return home, or for overnight accommodations if travel overnight is impracticable. Payment for meals is also authorized. Disbursement will not be made until the Department's funding has resumed. An exception will be made if it can be shown that, where the witness lacks financial resources necessary to return home, his/her safety would be compromised by not providing a means home.}_In_{such a case, a cash disbursement for that purpose is warranted;}

_{October 1, 1988}

₃

_{1-14 123 TITLE 1--GENERAL CHAP 14}

_{B. Use of a witness and any obligations incurred as a result are authorized where the court denies a motion for a continuance;}

_{C. Other instances which are not covered by the abova exceptions but appear significant enough to justify use of the FEW account will be evaluated on a case-by-case basis by JMD and/or the Office of Legal Counsel.}

_{1-14.130 _{Certificate of Attendance and Payment}}

_{Form OBD-3 (Fact Witness Voucher) is a three-part, four copy snap-out form and provides for certification of attendance by the U.S. Attorney for the regular (fact) witness claim for fees and allowances, and for payment of the claim by the appropriate paying office. Payments are made by the U.S. Marshal for the district in which the trial or hearing is held, or by the Accounting Operations Group, Justice Management Division.}

_{1-14.200 WITNESS' EXPENSES INCURRED ON BEHALF OF INDIGENT PERSONS}

_{Generally, expenses incurred on behalf of indigent persons will be handled in the same manner as expenses incurred on behalf of the government. See USAM 1-14.422, _infra.}

_{Certification of attendance is by a Federal Public Defender, U.S. District Judge, or Clerk of the Court.}

_{For stenographic and notarial charges related to depositions, refer to Depositions, USAM 1-14.800 _infra_{and USAM 3-3.210.}}

_{Expenses pursuant to a court's order allowing witnesses for an indigent under Rule 17(b) may include those of state or federal guards, etc., in producing prisoners under writs of _{habeas corpus ad testificandum.}}

_{1-14.210 _{Responsible Payor}}

_{The enactment of 18 U.S.C. § 3006A resulted in changes of responsibility for payment of certain expenses of litigation for persons allowed to proceed _{in forma pauperis.}_{The chart on the following pages reflects these changes and sets forth the appropriations chargeable for expenses in indigent proceedings:}}

_{APPENDIX 1. _EXPENSE_{RESPONSIBILITY FOR CRIMINAL PROCEEDINGS IN FORMA}}

_{PAUPERIS LISTED NUMERICALLY BY CONTROLLING LAW OR RULE}

_{Agency and}

_{Appropriation}

_{Controllinq Law or Rule Nature of Expense}

_{1. 18 U.S.C. Sec. 3006A(e) A. Expert Witness Admin. Office of}

_{Adequate Representation. Witness fees _and_{expenses U.S. Courts _{of defendants-Services Other than Counsel (Criminal Justice Act of}B.}}₁₉₆₄

_{Expert Services}

_{Expert's tees and expenses}

_{Admin. Office of U.S. Courts}

_{October 1, 1988}

₄

_{C}IAP. 15 UNITED STATES ATTORNEYS ' MANUAL 1-15 . 230}

_{The taletype receives only. It cannot transmit messages. The proper routing signal will be "RRAA SSAGC."}

_{Any questions may be directed to the Office of General Counsel in Baltimore, FTS 934-7543.}

_{1-15.230 _{Procedure for Obtaining Disclosure of Social Security Administration Information in Criminal Proceedings}}

_{On February 12, ].975, an understanding was reached between the Department of Justice and the Social Security Administration (SSA) regarding the release of information from records of the SSA where such information is required to afford a defendant a fair trial in a criminal case pursuant to _{Brady v. Maryland,}_{373 U.S. 83 (1963).}}

_{A. Whenever the defendant in a criminal proceeding moves on trial for disclosure of information from social security records about someone else, the Department of Justice will attempt to resist such disclosure arguing that such personal information in social security records is confidential by law. In no event will the Department of Justice request such personal information for prosecutive purposes.}

_{B. where the defendant in a criminal case moves in court that information about, or the appearance of, the holder of a given social security number is necessary to his/her defense, and the court seems inclined to grant the motion, the Department of Justice will attempt to satisfy the court by offering to provide identifying data about the social security number holder such as sex, date of birth and race, without divulging his/her name or whereabouts. In such a case a designated official of the Department of Justice will contac.t a designated official of the Office of the General Counsel, Health and Human Services (HHS) to arrange for the disclosure of such information. The information will be furnished by SSA as expeditiously as possible.}

_{c. If the court considers such information insufficient and orders the appearance of the social security number holder on grounds of due process, a designated official of the Department of Justice will contact a designated official of the Office of the General Counsel, HHS. If the Department of Justice assures SSA that it will not use the appearance of the number holder or any information derived from his/her appearance, or any information otherwise received from the Social Security Administration, directly or as a lead in any prosecution of the number holder, the Commissioner of Social Security will,,.under his "ad hoc" authority in Section 401.1 of Regulation I (20 C.F.R. § 401.1) provide the Department of Justice expeditiously with the information.}

_{D. If in a specific case the Department of Justice is unableto provide assurance that it will not use the information or appearance of the social _{security number holder for prosecution purposes, the Commissioner will}}

_{October 1, 1988}

₃

_{1-15.230 TITLE 1--GENERAL CHAP. 15}

_{nevertheless review the specific order under his/her "ad hoc" authority, considering all circumstances in that case, provide an expeditious reply -pro or con,- to the Department of Justice, and if necessary, discuss the matter further with the Department of Justice.}

_{E. The proscription against the Department of Justice requests for such information for purposes of prosecution does not apply in the case of violations of the Social. Security Act or fraud against the Social Security Administration, as disclosure in these cases is provided for in 47 U.S.C. § 1306, 20 C.F.R. § 401 _{et seq.}}

_{October 1, 1988}

₄