United States Attorney Manual Chapter 3-4 JUNE 2004

3-4.200 Personnel

Other reference(s): 28 C.F.R. Sec. 0.15; 28 C.F.R. Sec. 0.138

The employment, separation and general administration of personnel in the Senior Executive Service and of attorneys and law students regardless of grade or pay is delegated to the Deputy Attorney General. Certain of these authorities are redelegated to the Director, Executive Office for United States Attorneys (EOUSA).

The authority to take final action in matters pertaining to the employment, direction, and general administration of non-attorney/non-law student personnel in General Schedule (GS) grades GS-1 through GS-15 is delegated to the Director, EOUSA.

These authorities are subject to further delegation.

3-4.213 Excepted Service

Other reference(s): APHIs/Personnel/Chapter 213 #s 1-4; Chapter 295 #2; Chapter 300 #3; Chapter 315 #1; Chapter 720 #1; Chapter 831 #4; Chapter 990 #6; USAM Title 3-4.430; 5 C.F.R., Part 213; 28 U.S.C. Sec. 543; 28 U.S.C. Sec. 542

1. • Attorneys, Assistant United States Attorneys. Attorneys appointed to the Executive Office for United States Attorneys (EOUSA) are excepted from the competitive service as Schedule A employees, 5 C.F.R Sec. 213.3102, and are compensated in accordance with the General Schedule.

   Assistant United States Attorneys are appointed to United States Attorneys' offices (USAOs), are excepted from the competitive service under the aegis of 28 U.S.C. Sec. 542, and are compensated in accordance with an administratively-determined pay system.

   United States Attorneys are authorized to recruit, screen, and submit nominations of the best-qualified to serve as Assistant United States Attorneys.

2. Law Clerks. Law Clerk appointments may be made to law school graduates who have not passed the bar, not-to-exceed 14 months or less under the aegis of 5 C.F.R. Sec. 213.3102(e). Law Clerks are counted against authorized AUSA positions or Paralegal Specialist positions, at the option of the United States Attorney and subject to available funding. Any Law Clerk position counted against the later category, however, will be funded at the average salary for a Paralegal Specialist position. Law Clerk recruiting and appointments are administered by the Office of Attorney Recruitment and Management.
3. Special Assistant United States Attorneys and Special Attorneys. The Director, EOUSA, is responsible for administering the Special Assistant United States Attorney (SAUSA) and Special Attorney program. Cross designation of State and Local attorneys and AUSAs, and appointment of Special Attorneys or Private Attorneys as SAUSAs, must be authorized by the EOUSA. See Administrative Procedures Handbook.
4. Summer Legal Intern Program. Summer Legal Intern appointees receive appointments as Paralegal Specialists, GS-950, under the aegis of 5 C.F.R Sec. 213.3101.
5. Assignment of Attorney Work to Paralegal Specialists. USAO Paralegal Specialists who possess a professional law degree (LL.B., J.D., or LL.M.) and who have passed the Bar may be assigned attorney duties only if they are first converted to an Assistant United States Attorney (AUSA) appointment or a paid Special AUSA (SAUSA) appointment. In either case, the appointment will be officially documented in the personnel/payroll database. Uncompensated SAUSA appointments in these situations are not permitted.
6. Student Educational Employment Program (SEEP). See generally USAP 3-4.213.005(M).
7. Separation of the Schedule C Secretary to the United States Attorney. See generally the EOUSA Resource Manual at 157.

3-4.274 Corrective Actions

Other reference(s): None

3-4.293 Personnel Records

Other reference(s): APHIs/Personnel/Chapter 293 #s 1 & 2; OPM Operating Manual - Guide to Processing Personnel Actions; OPM Operating Manual - Guide to Personnel Recordkeeping; 5 C.F.R., Part 293

3-4.294 Availability of Official Information

Other reference(s): 5 C.F.R., Part 294; 28 C.F.R. Sec. 16

3-4.295 Personnel Forms and Documents

Other reference(s): APHIs/Personnel/Chapter 295 #s 1 & 2; Chapter 990 #s 6, 9, 11 and 15; OPM Operating Manual -- Guide to Processing Personnel Actions

3-4.296 Processing Personnel Actions

Other reference(s): APHIs/Personnel/Chapter 213 #1; Chapter 293 #s 1 & 2; Chapter 296 #s 1, 4, 5 and 6; OPM Operating Manual - Guide to Processing Personnel Actions

3-4.300 Employment (General)

Other reference(s): APHIs/Personnel/Chapter 300 #s 1, 2, 3, 5, 6, and 7; Chapter 315 #1; Chapter 338 #4; 5 C.F.R., Part 300

• Personnel. The authority to take final action in all matters pertaining to the employment, separation and general administration of:

• Non-attorney personnel (not including law students) in United States Attorneys' offices (USAOs) and the Executive Office for United States Attorneys (EOUSA) has been delegated to the Director, EOUSA (see 28 C.F.R. Sec. 0.138); and the Executive Office may, and has, delegated authority beyond that described in this chapter to individual USAOs.

• With respect to Assistant United States Attorneys authority has been delegated to the Deputy Attorney General see 29 C.F.R. Sec. 0.15), with certain authorities redelegated to the Director, EOUSA. The Director's authority may not be redelegated. The authority to appoint Assistant United States Attorneys has been delegated to the Director, OAPM. See also 3-2.200.

The Executive Office may delegate authority beyond that described in this chapter to individual United States Attorneys' offices.

All recruitment will be conducted with an affirmative effort to achieve the goal of providing an equal opportunity for employment to as many interested, qualified applicants as possible.

Appointments in EOUSA and USAOs are restricted to United States citizens or those who owe permanent allegiance to the United States (currently, natives of American Samoa are the only group that owes permanent allegiance to the United States).

• Schedule C appointment which is subject to prior approval by the Department, White House, and Office of Personnel Management as appropriate;
• Term appointment which may be made for up to four years;
• Time-limited promotion; or
• Reassignment.

Executive Office for United States Attorneys' staff will participate with the United States Attorneys' offices in the interview process as subject matter experts when filling these vacant positions.

3-4.316 Temporary Employment

Other reference(s): APHIs/Personnel/Chapter 300 #1; Chapter 315 #1; Chapter 316 #s 1 & 2; Chapter 332 #2; Chapter 335 #1; Chapter 831 #4; 5 C.F.R., Part 316

Requests for temporary workyear allocations must be justified in writing and submitted to the attention of the Deputy Director for Financial Management, Executive Office for United States Attorneys.

Prior to requesting temporary appointments and extensions, approval is required from the Personnel Staff, EOUSA.

3-4.332 Recruitment and Selection Through Competitive Examination

Other reference(s): APHIs/Personnel/Chapter 315 #1; Chapter 332 #s 1 & 2; Chapter 335 #1; 5 C.F.R., Part 332

Office of Personnel Management Certification and Objections to Eligibles. Districts that do not have delegated personnel authority can make no commitment to an applicant prior to completion of the certification process and approval by the Personnel Staff, Executive Office for United States Attorneys (EOUSA).

Districts that do not have delegated personnel authority will submit all Statement of Reason for Passing Over a Preference Eligible (SF-62) forms to be reviewed by the Personnel Staff, EOUSA, prior to submission to the Office of Personnel Management.

All nonselected applicants who expressed an interest in a vacancy are to be sent a courtesy rejection letter after the appointment has been approved. Districts that do not have delegated personnel authority must obtain approval of the Personnel Staff to make appointments.

3-4.334 Temporary Assignment Under Intergovernmental Personnel Act

Other Reference(s): 5 C.F.R., Part 334 USAP 3-4.300.002, Details of Employees to Organizations Outside the Department of Justice, and Intergovernmental Personnel Act (IPA) Assignments; USAP 3-2.213.001, Appointment of Special Assistant United States Attorneys and Special Attorneys

1. • Sabbatical Program. Subject to case-by-case approval by the Assistant Director, Personnel Staff, Executive Office for United States Attorneys (EOUSA), United States Attorneys are authorized to establish sabbatical programs with law schools. Assistant United States Attorneys (AUSAs) may spend no more than one full year teaching at a law school and a professor from that law school may spend a similar period of time working in the United States Attorney's office (USAO). This program will give selected AUSAs a break from their routine, an opportunity to "recharge their batteries," and a chance to do some in-depth research in their areas of interest.

   This program has been established under the provisions of the Intergovernmental Personnel Act of 1970 (5 C.F.R. _ 334) and the Civil Service Reform Act of 1978 (P.L. 95-454), which, inter alia, permit exchanges between the Federal Government and institutions of higher learning. In every case, a formal agreement must be entered into between the school and the Director, EOUSA, and the employee must agree to the assignment.

   To be eligible, an AUSA normally will have at least five years of experience with the USAO and have expressed the intent to remain with the office for at least two years after completion of the sabbatical. Of course, the law school must agree to the specific AUSA as well as to the courses to be taught.

   Professors selected for this program will be appointed as Special AUSAs. They must be interested in trial work, meet any local bar membership requirements, and successfully complete a full-field background investigation. The professors must agree that information gained during their year with the Department will be kept confidential and that any articles written about their assignments will be cleared through the Department of Justice.

2. Cross Designation of Federal Prosecutors as State and Local Prosecutors. Cross designation of a federal prosecutor as a State or Local Prosecutor under the IPA is appropriate only when the assignment will be full-time or last longer than one year.

In all other cases, cross-designation may be authorized upon the request from, or with the concurrence of, a state or local government, and with the consent of the employee and the United States Attorney concerned. While serving in a cross-designated capacity, an Assistant United States Attorney is deemed to be on a regular work assignment.

3-4.340 Other Than Full-Time Career Employment (Part-Time, Seasonal, On-Call, and Intermittent)

Other reference(s): 5 C.F.R., Part 340

Policy. It is the policy of the Executive Office for United States Attorneys (EOUSA) and the United States Attorneys' offices (USAOs) to provide part-time, permanent employment opportunities consistent with the Federal Employees Part-Time Career Employment Act of 1978. The nationwide goal of EOUSA and USAOs is to attain and maintain a one percent or higher, constant percentage of part-time employment to full-time employment.

3-4.410 Training

• Responsibilities.

• United States Attorneys and the Director, EOUSA, shall delegate training approval authority to the lowest appropriate subordinate supervisory levels.

• Supervisors shall:

• Identify individual and organizational training needs,

• Consider the most effective approaches to meet training needs, and

• Approve training requests within their organizations that will promote employee and unit effectiveness.

• Training Funded by the Government. Employees and officials of the Departmentof Justice may attend conferences, conventions, professional meetings or other meetingsat government expense provided they meet the following criteria:

• The conference or meeting is directly related to the individual's work in the Department; or

• They are to take an active part in the conference or meeting and such participation will benefit the government.

• Training for United States Attorneys. Training approval for united States Attorneys was delegated by the Attorney General to the Director, Executive Office for United States Attorneys, who redelegated this authority to the Director, Office of Legal Education. See USAP 3-6.000.001.

• Training for Supervisors. Non-Attorneys who are assigned to supervisory positions are required to receive at least 80 hours of formal training or its equivalent within the first two years in a supervisory position. Attorneys who have supervisory responsibilities are encouraged to do likewise. At a minimum, 40 hours of this training must be completed either immediately prior to, or not later than one year after the individual assumes the supervisory position.

• Fees for Attendance At Meetings. Fees for attendance at meetings which meet the training criteria may be paid for pursuant to the Department of Justice Order 1200.1, Part 5, Training and Development dated October 3, 2000.

3-4.430 Performance Management -- Performance Appraisal for Attorneys and Non-attorneys

• Employee Coverage. All United States Attorneys' offices (USAO) and Executive Office for United States Attorneys (EOUSA) employees are covered by the provisions of this section except where otherwise excluded by law or regulation.

• Appraisal Periods. The minimum appraisal period is 90 days. Appraisal periods for USAO and EOUSA employees are as follows:

• Supervisory and Senior Litigation Counsel Assistant United States Attorneys (AUSAs) - November 1 through October 31

• All other AUSAs - January 1 through December 31

• GS Attorneys - July 1 through June 30

• All other employees - April 1 through March 31

• Rating and Reviewing Officials.

• Assignment of responsibility as a rating or reviewing official is determined by the United States Attorney or the Director, EOUSA, as appropriate. Generally, responsibility as a rating official should be assigned to the lowest practical supervisory level within the organization. Similarly, responsibility as a reviewing official should be assigned to the lowest practical level above the rating official.

• When the United States Attorney or the Director, EOUSA, is the rating official, s/he shall also serve as the reviewing official.

• Performance Work Plans. Performance Work Plans (PWPs) must contain one or more critical performance elements. Non-critical performance elements may not be included.

• Performance Standards.

• Each performance element must include a written standard of performance that defines the rating official's expectations for successful performance in such terms as quality of work, quantity of work, timeliness, individual or group goals and objectives, or in other such terms that are appropriate to the position. This constitutes the "Meets to Exceeds Expectations" level.

• Performance standards may also be written at the next higher level, i.e., at the "Substantially Exceeds Expectations" level.

• Performance standards may not be written at the "Fails to Meet Expectations" level.

• Progress Reviews. At least one formal progress review will be held during the appraisal cycle.

• Formal Appraisal of Performance.

• Performance Element Evaluation. Rating officials will evaluate actual employee performance in comparison with written performance standards, and assign one of the following performance levels for each element:

• "Fails to Meet Expectations;"

• "Meets to Exceeds Expectations;" or

• "Substantially Exceeds Expectations."

A narrative supporting the rating official's determination is required only in the absence of written performance standards at the assigned element rating level.

• Overall Evaluation. An overall rating level will be derived as follows:

• "Unacceptable." Performance in one or more critical elements fails to meet standards for successful performance. This is a Level 1 rating as defined by 5 C.F.R. Sec. 430.208.

• "Meets Expectations." Performance meets or exceeds standards for successful performance. This level is appropriate when less than a majority, i.e., 50% or less, of all elements are rated at the "Substantially Exceeds Expectations" level. This is a Level 3 rating as defined by 5 C.F.R. Sec. 430.208.

• "Substantially Exceeds Expectations." A majority, i.e., more than 50%, of the total number of elements are rated at the "Substantially Exceeds Expectations" level. This is a Level 5 rating as defined by 5 C.F.R. Sec. 430.208.

• Details and Temporary Promotions within the Department.

• Written performance elements and standards shall be provided to an employee who is detailed or temporarily promoted within the Department for more than 90 days. Elements and standards shall be provided to the employee no later than 30 days after the effective date of the detail or temporary promotion.

• The reviewing official shall approve the interim rating prior to formal communication to the employee.

• Approval by reviewing official. Completed ratings of record must be reviewed and approved by the reviewing official before they are communicated to the employee.

3-4.441 Disciplinary Actions and Grievances

Assistant United States Attorneys- Disciplinary actions, especially those actions relating to Assistant United States Attorneys, are sensitive issues that must be closely ccordinated with the Executive Office for U.S. attorneys, Legal Counsel's office. The authority to initiate and effect disciplinary actions against Assistant United States Attorneys is delegated to the Director, Executive Office for U.S. Attorneys, or designee. Limited authority for disciplinary actions against Assistant United States Attorneys has been redelegated to United States Attorneys. United States Attorneys can issue written reprimands and initiate suspensions of 14 days or less. This authority may not be redelegated below the level of First Assistant United States Attorneys. See USAM 3-2.201.

Non-Attorney Staff-The authority to take disciplinary actions (including reprimands, suspensions, removals, reductions in grade/pay, furloughs for 30 days or less) against non-Assistant United States Attorneys is delegated to each United States Attorney. This authority is generally delegated as follows:

3-4.451 Incentive Awards

Awards will recognize and reward superior employee performance in such areas as accomplishing organizational goals and objectives, suggestions or accomplishments that contribute to the efficiency or improvement of government operations, and performance as reflected in the employee's most recent rating of record.

• Delegation of Authority.

• United States Attorneys (USA) may approve:

• Cash awards to $5,000 for all staff except for Supervisory Assistant United States Attorneys (AUSAs) and Senior Litigation Counsel (SLC).

• Cash awards to $1,000 for Supervisory AUSAs and SLC.

• Time-off awards up to 120 hours per leave year per employee. A full-time employee may be granted a maximum of 40 hours of time off from duty as an incentive award for any single contribution.

• The Director, EOUSA may approve:

• Cash awards to $5,000.

• Time-off awards up to 120 hours per leave year per employee. A full-time employee may be granted a maximum of 40 hours of time off from duty as an incentive award for any single contribution.

• Quality Step Increase (QSI)

• Quality Step Increases (QSIs) should be limited to recognizing extraordinary levels of employee excellence. To be considered for a Quality Step Increase (QSI), the following criteria must be met:

a) The employee's performance rating must be at the "Outstanding" level.

b) The performance rating must be based on the employee's current position.

c) The performance being evaluated must have been sustained for a minimum of 120 days in the same position.

d) The employee has not received a QSI within the preceding 52 calendar weeks nor a Sustained Superior Performance (SSP) award within the last six (6) months. If an SSP was received within the past 6 to 12 months, the QSI recommendation must be based on a different performance rating period.

e) At the time the QSI becomes effective, the employee is expected to remain for at least 60 days, in the same position and at the same grade level.

• A QSI is not appropriate when the employee:

a) announces intentions to retire or separate from federal employment;

b) is about to receive, or has just received, a promotion;

c) is serving on a detail to another position; or

d) is transferring to another position.

• Cash Awards

• Performance-Based Awards. To be eligible for one-time cash award an employee's most recent rating of record must be "Outstanding" or the employee must be rated "Outstanding"or equivalent on one or more job elements, with additional justification by management on the award nomination form.

• Special Act Awards. A special act award may be granted to recognize services in the public interest in connection with, or related to, an employee's official employment.

• On-the-Spot Awards. On-the-spot awards may be granted to recognize promptly short-term special acts or service which do not merit larger awards . Receiving an on-the-spot award is not disqualifying for the subsequent receipt of any other cash or honorary incentive award. The same contribution, however, should not be used as the sole basis for an on-the-spot award and another award unless the on-the-spot award is subsequently deemed clearly inadequate to recognize the value of the employee's contribution.

• Time-Off Awards

• Authority to grant time off awards not to exceed one work day may be redelgated to the lowest supervisory level.

• Authority to grant time off awards in excess of one work day may be redelgated only if the approving official is at a higher organizational level than the recommending official. The Director, EOUSA and each United States Attorney may serve as recommending and approving officials.

• Time off awards may not be converted to cash.

3-4.511 Classification Under the General Schedule

Other reference(s): APHIs/Personnel/Chapter 295 #1; Chapter 312 #s 1-3; Chapter 511 #s 1-3; Chapter 551 #1; 5 C.F.R., Part 511

• United States Attorneys and Assistant United States Attorneys. United States Attorneys and Assistant United States Attorneys (AUSAs) are not covered by the Classification Act of 1949; consequently, they do not have position descriptions. The Executive Office for United States Attorneys, however, maintains records indicating which attorneys handle specialized functional areas, such as criminal or civil matters, or who have supervisory responsibilities. Thus, Assistant United States Attorneys are assigned numbers, called "Master Record Numbers" (the National Finance Center's nomenclature for "position description numbers"), which reflect their functional specialties.

• Delegated Classification Authority. Certain United States Attorneys have been delegated classification authority. As the parameters of the delegations vary, a specific letter is transmitted detailing the scope of authority. Any action which is effected is to comply fully with Office of Personnel Management Position Classification Standards.

• Position Management.

• Responsibility. United States Attorneys and the Director of the Executive Office for United States Attorneys are responsible for organizing and assigning work among positions in their respective organizations in a manner which will serve mission needs effectively and economically. This includes achieving a proper balance between skills availability, funds limitations, sound human resource utilization, efficiency and economy, mission requirements, and matters of public policy.

• Workyear Ceilings. Approved FTE workyear ceilings in each employment category (AUSA, paralegal, support staff, and student) are not to be exceeded unless an exception is requested and approved. To request an exception to workyear ceilings in each employment category (AUSA, paralegal, support staff, and students), for each type of appropriation, approval is required by the Deputy Director for Financial Management, EOUSA.

• Position Descriptions. Managers are responsible for ensuring that current, factually correct position descriptions (PDs) are prepared for all positions paid on the basis of the General Schedule (e.g., GM and GS). PDs are necessary for purposes in addition to classification, such as recruitment, placement, training, and performance evaluation.

• Projected Positions. The term "projected position" in the context of this section means a support position which is established in advance of the date the duties and responsibilities actually materialize. In order to verify that duties and responsibilities have materialized as expected, projected positions must be desk audited within six months after they are occupied.

3-4.534 Pay Under Other Systems

This Title contains information on salaries paid to United States Attorneys (USAs) and Assistant United States Attorneys (AUSAs).

• USAs:

• General. The salaries of USAs are set by the Attorney General (AG) or Deputy Attorney General pursuant to 28 U.S.C. Sec. 548.

• AG-Appointed and Court-Appointed USAs. An individual appointed as USA by the AG or the district court, pursuant to 28 U.S.C. Sec. 546, shall be paid the full salary of the USA position, effective as of the date of appointment. An AUSA who has been appointed as USA by the AG or the district court, and who is then reappointed as an AUSA, will be returned to the same type of position s/he held immediately before accepting the USA position, and will be granted any increases in salary s/he would have been granted had s/he remained in his/her AUSA position.

• AUSAs:

• AUSAs. AUSA salaries are set in accordance with an Administratively Determined pay plan approved by the AG or DAG pursuant to 28 U.S.C. Sec. 548. See USAP 3-4.534.001(M), Administratively Determined Pay Handbook.

• Supervisory and SLC AUSAs. Supervisory and SLC AUSAs occupy their positions via temporary promotions not-to-exceed four years or less, and are subject to subsequent assignment to lower-level supervisory or SLC AUSA positions or to line AUSA positions at any time. Upon such "reassignment," the AUSA's salary is reduced.

• Senior Litigation Counsel. The Senior Litigation Counsel (SLC) program was created for the express purpose of recognizing truly outstanding non-supervisory Assistant United States Attorneys (AUSAs) based on their overall careers as litigators. To qualify, an AUSA must meet the following criteria:

• Have at least five years experience as an attorney, the major portion of such experience having been as an active litigator in the Federal court system;

• When nominated, be at a salary at least equivalent to GS-15, step 1;

• Be recognized as an outstanding litigator in the Federal court system as demonstrated by awards, letters of commendation, press coverage, or other material attesting to the success and quality of the attorney's advocacy skills;

• Be responsible for the in-office training of Assistants less knowledgeable in advocacy skills;

• Not supervise any AUSAs; and

• Have the stated intention of remaining with the Department of Justice for at least one year after designation, and be available, when it will not interfere with assigned caseload, to serve as a rotating faculty member of the Attorney General's Advocacy Institute.

3-4.536 Grade and Pay Retention

United States Attorneys' offices shall make reasonable efforts to place employees covered by grade or pay retention into a position at his/her former grade level. As long as an employee is entitled to grade and/or pay retention, he/she is to be considered automatically and noncompetitively for all vacant positions which are: under the same appointing authority; within the commuting area; and at the former grade level or any intervening grade level.

To the extent practicable, the position's qualification requirements may be waived upon recommendation by the United States Attorney provided there is evidence that the employee would be able to perform fully the duties of the new position within 90 days.

3-4.550 Pay Administration (General)

Other reference(s): APHIs/Personnel/Chapter 550 #s 1, 3 and 4; 5 C.F.R., Part 550

1. • Overtime. United States Attorneys or their designees are authorized to approve paid overtime for their non-attorney staffs, subject to availability of overtime budget.

   Pursuant to 5 C.F.R. Sec. 550.111, any approval of overtime must be documented in writing by a person authorized to do so. It is recommended that the United States Attorney redelegate, in writing, this approval authority (normally, this redelegation would be to the Administrative Officer or to supervisors who are delegated authority to approve Time and Attendance records).

   United States Attorneys are NOT authorized to approve overtime premium pay for attorney personnel. Assistant United States Attorneys are professionals and should expect to work in excess of regular hours without overtime premium pay.

   Overtime compensation earned while in travel status will be controlled for nonexempt General Schedule (GS) employees by telling the employee when to travel and by what mode. If the employee travels at a different time or by a different mode than that which was ordered, the employee receives the lesser amount of compensation based on actual and estimated travel.

2. Compensatory Time. It is the policy of the Executive Office for United States Attorneys (EOUSA) that employees must use any compensatory time off they have earned prior to annual leave.
3. Time and Attendance Reports. Unless an exception is specifically authorized by the Director, EOUSA, only the United States Attorney may sign his/her own Time and Attendance report, as certifying official.

3-4.620 Flexible Work Options

Other reference(s) DOJ Human Resources Order 1200.1, Subchapter 6-2, Flexible Work Options Program; USAP 3-4.620.002, Flexible Work Options.

• Policy. Although not an employee entitlement, supervisors and managers may make effective use of Flexible Work Options to best accomplish the work of the office.

• Authority. Each United States Attorney, and the Director, Executive Office for United States Attorneys, is authorized to establish staff hours of duty and work locations of their respective offices which may include use of any of the following Flexible Work Options:

• Flexible Work Schedules, i.e., varying the starting and ending time of the workday from the standard hours of 9:00 a.m. to 5:30 p.m., Monday through Friday;

• Compressed Work Schedules, i.e., completing an 80-hour pay period in less than 10 work days;

• Job Sharing, i.e., two or more employees sharing one full-time position;

• Telecommuting, i.e., working from a satellite location; and

• Part-Time Work Schedules, i.e., a work schedule of 32 to 64 hours per pay period.

Authority to establish hours of duty and work location may be delegated to the lowest practicable supervisory level.

• Employee Eligibility. Each employee is eligible for one or more Flexible Work Options to the extent that participation promotes the overall effectiveness of the office. United States Attorneys or the Director, Executive Office for United States Attorneys, may exempt individual employees and categories of employees from one or more Flexible Work Options where the work must be performed at designated times and locations or is otherwise incompatible with the provisions of one or more Flexible Work Options.

3-4.630 Absence and Leave

Other Reference(s): APHIs/Personnel/Chapter 296 #5; Chapter 630 #s 1-4; Chapter 890 #4; DOJ Order 1630 #1B; 5 C.F.R., Part 630

• General. See the EOUSA Resource Manual at 61.

• Excused Absences (Also known as Administrative Leave).

Unless specified otherwise, authority to approve excused absences for individual employees:

• in excess of one hour must be approved by a higher-level supervisor (such as the First Assistant United States Attorney or the United States Attorney); and

• in excess of eight hours must be approved by the Director, EOUSA.

Unless specified otherwise, authority to approve excused absences for groups of employees:

• up to eight hours to close an activity for 1) reasons specified in DOJ Order 1630, 2) hot or cold working conditions, or 3) adverse weather conditions, must be approved by the United States Attorney; and

• all other group absences must be approved by the Director, EOUSA.

• Voting and Registration.

• United States Attorneys or their designees are authorized to administer procedures and leave limits to be followed for employees who wish to register and vote in local, state or national elections.

• Administrative Officers are responsible for disseminating information to serviced employees as to procedures to be followed in voting and registration leave requests.

• Blood Donation. The Department encourages participation in blood donation programs. Contributions to these important programs benefit the community at large and thus every member of the Department. Office heads or their designees may excuse an employee up to an hour to give blood. In addition, up to four hours of administrative leave may be granted the employee for recuperative purposes, if needed. An employee who feels well and is able to work after donating blood must return to his/her duty station.

• Admission to the Bar. Administrative leave may be granted by office heads or their designees, however, it may not be authorized for studying for or taking bar exams.

• Official Time for Employee Representational Functions. The Director, EOUSA, and United States Attorneys, or their designees, are authorized to approve official time for representational functions after determining that such time is reasonable and mutually beneficial to the office and its employees.

• Attendance at Events Without Charge to Leave. Excused absence may be granted in limited circumstances when an event:

• Is directly related to the office's mission;

• Will enhance the professional development or skills of the employee in his/her current position; or

• Is officially sponsored/sanctioned by the Attorney General.

United States Attorneys may, at their discretion, grant employees a reasonable amount of time charged as excused absence to attend events such as training, conferences, or conventions as an official representative of the office or as a contributor on the agenda without charge to leave.

3-4.731 Personnel Suitability

Other reference(s): APHIs/Personnel/Chapter 300 #7; Chapter 732 #s 1 & 3; Chapter 792 #2; 5 C.F.R., Part 731

Because of the nature of their work, the Organized Crime Drug Enforcement Task Force (OCDETF) offices have special security requirements which must be observed.

Since its inception, the OCDETF program has required that all newly-appointed personnel have a satisfactorily adjudicated full-field background investigation completed before physically working in OCDETF offices or before being assigned to perform OCDETF work.

This requirement may not be waived for students or other temporary staff to be used in these offices. Temporary staffing shortages in OCDETF offices may be covered by employees that have had a full-field background investigation conducted and satisfactorily adjudicated on "loan" from the United States Attorney's office.

3-4.734 Financial Disclosure Requirements

Other reference(s): APHI/Personnel/Chapter 296 #5; 5 C.F.R., Parts 734 and 2634

1. • Public Financial Disclosure Report (SF-278). Title I of the Ethics in Government Act of 1978, as amended, requires covered employees, all United States Attorneys, Assistant United States Attorneys who are in authorized-for-pay supervisory or Senior Litigation Counsel positions, and Schedule C employees, to file a Public Financial Disclosure Report (Standard Form 278, Rev. 1/94) within 30 days after assuming their covered position. Reports must be filed each May 15 for the preceding calendar year, and within 30 days after the employee leaves his or her covered position for the period between the last annual report and the date employment is terminated (see 5 C.F.R Sec.Sec. 2634.201 and 202). Reports are not required from employees who serve 60 days or less (see 5 C.F.R. Sec. 2634.204). Anyone who files a Public Financial Disclosure Report more than 30 days after its due date, including any extensions which have been granted, shall pay a late filing fee of $200 (see 5 C.F.R. Sec. 2634.704).

   • Confidential Financial Disclosure Reports (SF-450). Effective June 10, 1994, United States Attorneys were redelegated the authority to act as Deputy Designated Agency Ethics Officials for the review and certification of Confidential Financial Disclosure Reports filed by reporting individuals within their district.

   Title I of the Ethics in Government Act of 1978, as amended, requires employees occupying positions in which they exercise significant judgement on matters that have an economic effect on the interests of a non-Federal entity to file a Confidential Financial Disclosure Report (Standard Form 450). This includes duties involving contracting, procurement and the administering of grants (see 5 C.F.R. Sec. 2634.904). Reports must be filed 30 days upon entering a covered position and annually by October 31. The reporting period for a New Entrant is the preceding 12 months from the date of filing and the annual reporting period is the preceding 12 months ending September 30 (or any portion thereof not covered by a new entrant report) (see 5 C.F.R. Sec. 2634.908). Reports are not required from employees who serve less than 60 days. The Office of Government Ethics has approved the Department's use of a conflict of interest certification as an alternative method to filing the report for all line Assistant United States Attorneys.

2. Teaching and Lecturing. Employees should be cautious to avoid any conflict of interest with their position and to ensure that no interference with the performance of their official duties occurs.
3. Civic Organizations, Professional Boards and Committees. While certain activities (e.g., Community Chest) can be easily undertaken without creating problems, membership in national and local bar committees, state and municipal commissions, corporate boards of directors, arbitration panels, and similar organizations, with or without remuneration, could have the potential for creating a conflict of interest or an appearance of a conflict of interest. The Office of Legal Counsel (OLC), Executive Office for United States Attorneys, should be contacted whenever questions arise.
4. Gifts Received from Foreign Governments. In accordance with Justice Property Management Regulations (JPMR) Sec. 128-49.201, each United States Attorney's office is required to submit to the Executive Office, Attention: Facilities Management and Support Services, by January 11 each year, a listing of all gifts and decorations, regardless of value, received by employees, their spouses, or dependents from foreign governments during the preceding year.