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  <FDSYS>
    <CFRTITLE>28</CFRTITLE>
    <CFRTITLETEXT>Judicial Administration</CFRTITLETEXT>
    <VOL>1</VOL>
    <DATE>2001-07-01</DATE>
    <ORIGINALDATE>2001-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Removal and defense of suits.</TITLE>
    <GRANULENUM>15.3</GRANULENUM>
    <HEADING>Section 15.3</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 28" SEQ="2">Judicial Administration</PARENT>
      <PARENT HEADING="CHAPTER I" SEQ="1">DEPARTMENT OF JUSTICE</PARENT>
      <PARENT HEADING="PART 15" SEQ="0">DEFENSE OF CERTAIN SUITS AGAINST FEDERAL EMPLOYEES: CERTIFICATION AND DEFENSE OF CERTAIN SUITS AGAINST PROGRAM PARTICIPANTS UNDER THE NATIONAL SWINE FLU IMMUNIZATION PROGRAM OF 1976, AND CERTIFICATION AND DECERTIFICATION OF CERTAIN SUITS BASED UPON ACTS OR OMISSIONS OF CONTRACTORS IN CARRYING OUT AN ATOMIC WEAPONS TESTING PROGRAM UNDER A CONTRACT WITH THE UNITED STATES</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 15.3</SECTNO>
    <SUBJECT>Removal and defense of suits.</SUBJECT>

    <P>(a) The U.S. Attorneys are authorized to make the certifications provided for in 10 U.S.C. 1089(c), 22 U.S.C. 817(c), 28 U.S.C. 2679(d), 38 U.S.C. 4116(c), and 42 U.S.C. 233(c) and 2458a(c) with respect to civil actions or proceedings brought against Federal employees in their respective districts. Such a certification may be withdrawn if a further evaluation of the relevant facts or the consideration of new or additional evidence calls for such action. The making, withholding, or withdrawing of certifications, and the removal and defense of, or the refusal to remove and defend, such civil actions or proceedings by the U.S. Attorneys shall be subject to the <PRTPAGE P="260"/>instructions and supervision of the Assistant Attorney General in charge of the Civil Division.</P>
    <P>(b) The Assistant Attorney General in charge of the Civil Division is authorized:</P>
    <P>(1) To make the certification provided for in 42 U.S.C. 247b(k)(5) with respect to civil actions or proceedings brought against program participants in various courts of law;</P>
    <P>(2) To withdraw that certification if further evaluation of the relevant facts or the consideration of new or additional evidence calls for such action;</P>
    <P>(3) To move to revoke such certification pursuant to 42 U.S.C. 247b(k)(6) should the facts warrant; and</P>
    <P>(4) To redelegate to subordinate division officials the authority delegated by this paragraph, provided that such redelegation shall be in writing and shall be approved by the Associate Attorney General before becoming effective.</P>
    <P>(c) The Assistant Attorney General in charge of the Civil Division is authorized:</P>
    <P>(1) To make the certification provided for in section 1631(b) of the Department of Defense Authorization Act of 1985, with respect to civil actions or proceedings brought against persons for injury, loss of property, personal injury or death due to exposure to radiation based on acts or omissions by a contractor, as defined in section 1631(d) of the Department of Defense Authorization Act of 1985, in carrying out an atomic weapons testing program under a contract with the United States in any court or other tribunal;</P>
    <P>(2) To withdraw that certification if further evaluation of the relevant facts or the consideration of new or additional information calls for such action, in the exercise of his sole discretion; and</P>
    <P>(3) To redelegate to subordinate Division officials the authority delegated by this paragraph, provided that such redelegation shall be in writing and shall be approved by me before becoming effective.</P>
    <CITA>[42 FR 15410, Mar. 22, 1977, as amended by Order No. 1074-84, 49 FR 44995, Nov. 14, 1984]</CITA>
  </SECTION>
</CFRGRANULE>
