[Title 28 CFR J]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 0 - ORGANIZATION OF THE DEPARTMENT OF JUSTICE]
[Subpart J - Civil Rights Division]
[From the U.S. Government Printing Office]
28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseCivil Rights DivisionJSubpart JJUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICEORGANIZATION OF THE DEPARTMENT OF JUSTICE
Subpart J--Civil Rights Division
Sec. 0.50 General functions.
The following functions are assigned to, and shall be conducted,
handled, or supervised by, the Assistant Attorney General, Civil Rights
(a) Enforcement of all Federal statutes affecting civil rights,
those pertaining to elections and voting, public accommodations, public
facilities, school desegregation, employment (including 42 U.S.C. 2000e-
(6)), housing, abortion, sterilization, credit, and constitutional and
civil rights of Indians arising under 25 U.S.C. 1301 et seq., and of
institutionalized persons, and authorization of litigation in such
enforcement, including criminal prosecutions and civil actions and
proceedings on behalf of the Government and appellate proceedings in all
such cases. Notwithstanding the provisions of the foregoing sentence,
the responsibility for the enforcement of the following described
provisions of the U.S. Code is assigned to the Assistant Attorney
General, Criminal Division:
(1) Sections 591 through 593 and sections 595 through 612 of title
18, U.S. Code, relating to elections and political activities;
(2) Sections 241, 242, and 594 of title 18, and sections 1973i and
1973j of title 42, U.S. Code, insofar as they relate to voting and
election matters not involving discrimination or intimidation on grounds
of race or color, and section 245(b)(1) of title 18, U.S. Code, insofar
as it relates to matters not involving discrimination or intimidation on
grounds of race, color, religion, or national origin;
(3) Section 245(b)(3) of title 18, U.S. Code, pertaining to forcible
interference with persons engaged in business during a riot or civil
(4) Sections 241 through 256 of title 2, U.S. Code (Federal Corrupt
(b) Requesting and reviewing investigations arising from reports or
complaints of public officials or private citizens with respect to
matters affecting civil rights.
(c) Conferring with individuals and groups who call upon the
Department in connection with civil rights matters, advising such
individuals and groups thereon, and initiating action appropriate
(d) Coordination within the Department of Justice of all matters
affecting civil rights.
(e) Consultation with and assistance to other Federal departments
and agencies and State and local agencies on matters affecting civil
(f) Research on civil rights matters, and the making of
recommendations to the Attorney General as to proposed policies and
legislation relating thereto.
(g) Representation of Federal officials in private litigation
arising under 42 U.S.C. 2000d or under other statutes pertaining to
(h) Administration of section 5 of the Voting Rights Act of 1965, as
amended (42 U.S.C. 1973c).
(i) Upon request, assisting, as appropriate, the Commission on Civil
Rights or other similar Federal bodies in carrying out research and
(j) Administration of section 105 of the Civil Liberties Act of 1988
(50 U.S.C. App. 1989b).
(k) Upon request, certifications under 18 U.S.C. 245.
(l) Enforcement and administration of the Americans with
Disabilities Act of 1990, Public Law 101-336.
(m) Community education, enforcement, and investigatory activities
under section 102 of the Immigration Reform and Control Act of 1986, as
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969]
Editorial Note: For Federal Register citations affecting Sec. 0.50,
see the List of Sections Affected, which appears in the Finding Aids
section of the printed volume and on GPO Access.
Sec. 0.51 Leadership and coordination of nondiscrimination laws.
(a) The Assistant Attorney General in charge of the Civil Rights
Division shall, except as reserved herein, exercise the authority vested
in and perform the functions assigned to the Attorney General by
Executive Order 12250 (``Leadership and Coordination of
Nondiscrimination Laws''). This delegation does not include the
function, vested in the Attorney General by sections 1-101 and 1-102 of
the Executive order, of approving agency rules, regulations, and orders
of general applicability issued under the Civil Rights Act of 1964 and
section 902 of the Education Amendments of 1972. Likewise, this
delegation does not include the authority to issue those regulations
under section 1-303 of the Executive Order which are required, by
Sec. 0.180 of this
part, to be issued by the Attorney General.
(b) Under paragraph (a) of this section, the Assistant Attorney
General in charge of the Civil Rights Division shall be responsible for
coordinating the implementation and enforcement by Executive agencies of
the nondiscrimination provisions of the following laws:
(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
(2) Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
(3) Section 504 of the Rehabilitation Act of 1973, as amended (29
(4) Any other provision of Federal statutory law which provides, in
whole or in part, that no person in the United States shall, on the
ground of race, color, national origin, handicap, religion, or sex, be
excluded from participation in, be denied the benefits of, or be subject
to discrimination under any program or activity receiving Federal
[Order No. 944-81, 46 FR 29704, June 3, 1981]
Sec. 0.52 Certifications under 18 U.S.C. 3503.
The Assistant Attorney General in charge of the Civil Rights
Division and his Deputy Assistant Attorney Generals are each authorized
to exercise or perform the functions or duties conferred upon the
Attorney General by section 3503 of title 18, U.S. Code, to certify that
the legal proceeding, in which a motion to take testimony by deposition
is made, is against a person who is believed to have participated in an
organized criminal activity, where the subject matter of the case or
proceeding in which the motion is sought is within the cognizance of the
Civil Rights Division pursuant to Sec. 0.50.
[Order No. 452-71, 36 FR 2601, Feb. 9, 1971]
Sec. 0.53 Office of Special Counsel for Immigration Related Unfair Employment Practices.
(a) The Office of Special Counsel for Immigration Related Unfair
Employment Practices shall be headed by a Special Counsel for
Immigration Related Unfair Employment Practices (``Special Counsel'').
The Special Counsel shall be appointed by the President for a term of
four years, by and with the advice and consent of the Senate, pursuant
to section 102 of the Immigration Reform and Control Act of 1986, as
amended. The Office of Special Counsel shall be part of the Civil Rights
Division of the Department of Justice, and the Special Counsel shall
report directly to the Assistant Attorney General, Civil Rights
(b) In carrying out his or her responsibilities under the
Immigration Reform and Control Act of 1986, as amended, the Special
Counsel is authorized to:
(1) Investigate charges of immigration-related unfair employment
practices filed with the Office of Special Counsel and, when
appropriate, file complaints with respect to those practices before
specially designated administrative law judges within the Office of the
Chief Administrative Hearing Officer, U.S. Department of Justice;
(2) Intervene in proceedings involving complaints of immigration-
related unfair employment practices that are brought directly before
such administrative law judges by parties other than the Special
(3) Conduct, on his or her own initiative, investigations of
immigration-related unfair employment practices and, where appropriate,
file complaints with respect to those practices before such
administrative law judges;
(4) Conduct, handle, and supervise litigation in U.S. District
Courts for judicial enforcement of orders of administrative law judges
regarding immigration-related unfair employment practices;
(5) Initiate, conduct, and oversee activities relating to the
dissemination of information to employers, employees, and the general
public concerning immigration-related unfair employment practices;
(6) Establish such regional offices as may be necessary;
(7) Perform such other functions as the Assistant Attorney General,
Civil Rights Division shall direct; and
(8) Delegate to any of his or her subordinates any of the authority,
functions, or duties vested in him or her.
[Order No. 2078-97, 62 FR 23658, May 1, 1997]
Appendix to Subpart J of Part 0
Civil Rights Division
Note: Civil Rights Division Memo 75-2, was superseded by Civil
Rights Division, Memo 78-1 appearing at 48 FR 3367, Jan. 25, 1983.
Note: Civil Rights Division Memo 78-1 was superseded by Civil Rights
Division Memo 92-3 appearing at 57 FR 19377, May 6, 1992.
Delegation of Authority for Administration of Section 5 of the Voting
1. The authority of the Attorney General regarding administration of
section 5 of the Voting Rights Act of 1965, as amended, (42 U.S.C.
1973c) has been delegated to the Assistant Attorney General in charge of
the Civil Rights Division.
2. That authority is delegated to the Chief of the Voting Section,
provided that any determination to object to a change affecting voting
(see 28 CFR part 51) or to withdraw such an objection shall be made by
the Assistant Attorney General.
3. The Chief of the Voting Section may authorize the Deputy Chief or
the Director of the section 5 unit to act on his or her behalf.
[44 FR 53080, Sept. 12, 1979]
Delegation of Authority to Deny Freedom of Information Act and Privacy
1. The Chief of the Freedom of Information/Privacy Acts Branch will
assume the duties and responsibilities previously assigned to the
Assistant Attorney General by 28 CFR 16.4 (b) and (c) and 28 CFR
16.42(b), as amended July 1, 1991, and defined in those sections, for
denying requests and obtaining extensions of time under the Freedom of
Information Act, 5 U.S.C. 552 et seq., and the Privacy Act, 5 U.S.C.
552a et seq.
2. The Chief of the Freedom of Information/Privacy Acts Branch who
signs a denial or partial denial of a request for records made under the
Freedom of Information Act or the Privacy Act shall be the ``person
responsible for the denial'' within the meaning of 5 U.S.C. 552(a)(6)(C)
and shall be responsible for denials made in accordance with 5 U.S.C.
552a (j) and (k).
3. This authority is limited to those records which are in the
systems of records under the custody and control of the Civil Rights
Division of the United States Department of Justice. The authority
delegated herein may be redelegated by the Assistant Attorney General by
[57 FR 19377, May 6, 1992]