[Title 28 CFR Y]
[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 Y - Authority to Compromise and Close Civil Claims and]
[From the U.S. Government Printing Office]
28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseAuthority to Compromise and Close Civil Claims andYSubpart YJUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICEORGANIZATION OF THE DEPARTMENT OF JUSTICE
Subpart Y--Authority to Compromise and Close Civil Claims and
Responsibility for Judgments, Fines, Penalties, and Forfeitures
Sec. 0.160 Offers that may be accepted by Assistant Attorneys General.
(a) Subject to the limitations set forth in paragraph (c) of this
section, Assistant Attorneys General are authorized, with respect to
matters assigned to their respective divisions, to:
(1) Accept offers in compromise of claims asserted by the United
States in all cases in which the difference between the gross amount of
the original claim and the proposed settlement does not exceed
$2,000,000 or 15 percent of the original claim, whichever is greater;
(2) Accept offers in compromise of, or settle administratively,
claims against the United States in all cases in which the principal
amount of the proposed settlement does not exceed $2,000,000; and
(3) Accept offers in compromise in all nonmonetary cases.
(b) Subject to the limitations set forth in paragraph (c) of this
section, the Assistant Attorney General, Tax Division, is further
authorized to accept offers in compromise of, or settle
administratively, claims against the United States, regardless of the
amount of the proposed settlement, in all cases in which the Joint
Committee on Taxation has indicated that it has no adverse criticism of
the proposed settlement.
(c) Any proposed settlement, regardless of amount or circumstances,
must be referred to the Deputy Attorney General or the Associate
Attorney General, as appropriate:
(1) When, for any reason, the compromise of a particular claim
would, as a practical matter, control or adversely influence the
disposition of other claims and the compromise of all
[[Page 76]]
the claims taken together would exceed the authority delegated by
paragraph (a) of this section; or
(2) When the Assistant Attorney General concerned is of the opinion
that because of a question of law or policy presented, or because of
opposition to the proposed settlement by a department or agency
involved, or for any other reason, the proposed settlement should
receive the personal attention of the Deputy Attorney General or the
Associate Attorney General, as appropriate;
(3) When the proposed settlement converts into a mandatory duty the
otherwise discretionary authority of a department or agency to
promulgate, revise, or rescind regulations;
(4) When the proposed settlement commits a department or agency to
expend funds that Congress has not appropriated and that have not been
budgeted for the action in question, or commits a department or agency
to seek particular appropriation or budget authorization; or
(5) When the proposed settlement otherwise limits the discretion of
a department or agency to make policy or managerial decisions committed
to the department or agency by Congress or by the Constitution.
[Order No. 1958-95, 60 FR 15674, Mar. 27, 1995]
Sec. 0.161 Acceptance of certain offers by the Deputy Attorney General or Associate Attorney General, as appropriate.
(a) In all cases in which the acceptance of a proposed offer in
compromise would exceed the authority delegated by Sec. 0.160, the
Assistant Attorney General concerned shall, when he is of the opinion
that the proposed offer should be accepted, transmit his recommendation
to that effect to the Deputy Attorney General or the Associate Attorney
General, as appropriate.
(b) The Deputy Attorney General or the Associate Attorney General,
as appropriate, is authorized to exercise the settlement authority of
the Attorney General as to all claims asserted by or against the United
States.
[Order No. 1958-95, 60 FR 15675, Mar. 27, 1995]
Sec. 0.162 Offers which may be rejected by Assistant Attorneys General.
Each Assistant Attorney General is authorized, with respect to
matters assigned to his division or office, to reject offers in
compromise of any claims in behalf of the United States, or, in
compromises or administrative actions to settle, against the United
States, except in those cases which come under Sec. 0.160(c)(2).
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
445-70, 35 FR 19397, Dec. 23, 1970; Order No. 960-81, 46 FR 52352, Oct.
27, 1981]
Sec. 0.163 Approval by Solicitor General of action on compromise offers in certain cases.
In any Supreme Court case the acceptance, recommendation of
acceptance, or rejection, under Sec. 0.160, Sec. 0.161, or Sec. 0.162,
of a compromise offer by the Assistant Attorney General concerned, shall
have the approval of the Solicitor General. In any case in which the
Solicitor General has authorized an appeal to any other court, a
compromise offer, or any other action, which would terminate the appeal,
shall be accepted or acted upon by the Assistant Attorney General
concerned only upon advice from the Solicitor General that the
principles of law involved do not require appellate review in that case.
Sec. 0.164 Civil claims that may be closed by Assistant Attorneys General.
Assistant Attorneys General are authorized, with respect to matters
assigned to their respective divisions, to close (other than by
compromise or by entry of judgment) claims asserted by the United States
in all cases in which they would have authority to accept offers in
compromise of such claims under Sec. 0.160(a), except:
(a) When for any reason, the closing of a particular claim would, as
a practical matter, control or adversely influence the disposition of
other claims and the closing of all the claims taken together would
exceed the authority delegated by this section; or
(b) When the Assistant Attorney General concerned is of the opinion
that because of a question of law or
[[Page 77]]
policy presented, or because of opposition to the proposed closing by
the department or agency involved, or for any other reason, the proposed
closing should receive the personal attention of the Attorney General,
the Deputy Attorney General or the Associate Attorney General, as
appropriate.
[Order No. 1958-95, 60 FR 15675, Mar. 27, 1995]
Sec. 0.165 Recommendations to the Deputy Attorney General or Associate Attorney General, as appropriate, that certain claims be closed.
In all cases in which the closing of a claim asserted by the United
States would exceed the authority delegated by Secs. 0.160(a) and 0.164,
the Assistant Attorney General concerned shall, when he is of the
opinion that the claim should be closed, transmit his recommendation to
that effect, together with a report on the matter, to the Deputy
Attorney General or the Associate Attorney General, as appropriate, for
review and final action. Such report shall be in such form as the Deputy
Attorney General or the Associate Attorney General may require.
[Order No. 1958-95, 60 FR 15675, Mar. 27, 1995]
Sec. 0.166 Memorandum pertaining to closed claim.
In each case in which a claim is closed under Sec. 0.164 the
Assistant Attorney General concerned shall execute and place in the file
pertaining to the claim a memorandum which shall contain a description
of the claim and a full statement of the reasons for closing it.
Sec. 0.167 Submission to Associate Attorney General by Director of Office of Alien Property of certain proposed allowances and disallowances.
In addition to the matters which he is required to submit to the
Associate Attorney General under preceding sections of this subpart Y,
the Director of the Office of Alien Property, shall submit to the
Associate Attorney General for such review as he may desire to make the
following:
(a) Any proposed allowance by the Director, without hearing, of a
title or debt claim.
(b) Any final determination of a title of debt claim, whether by
allowance or disallowance.
(c) Any proposed allowance or disallowance by the Director, without
hearing, of a title claim under section 9(a) of the Trading with the
Enemy Act, as amended, filed less than 2 years after the date of vesting
in or transfer to the Alien Property Custodian or the Attorney General
of the property or interest in respect of which the claim is made:
Provided, That any such title or debt claim is within one of the
following-described categories.
(1) Any title claim which involves the return of assets having a
value of $50,000 or more, or any debt claim in the amount of $50,000 or
more.
(2) Any title claim which will, as a practical matter, control the
disposition of related title claims involving, with the principal claim,
assets having a value of $50,000 or more; or any debt claim which will,
as a practical matter, control the disposition of related debt claims in
the aggregate amount, including the principal claim, of $50,000 or more.
(3) Any title claim or debt claim presenting a novel question of law
or a question of policy which, in the opinion of the Director, should
receive the personal attention of the Associate Attorney General or the
Attorney General.
(d) Any sale or other disposition of vested property involving
assets of $50,000 or more.
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
445-70, 35 FR 19397, Dec. 23, 1970; Order No. 543-73, 38 FR 29587, Oct.
26, 1973; Order No. 568-74, 39 FR 18646, May 29, 1974; Order No. 699-77,
42 FR 15315, Mar. 21, 1977; Order No. 960-81, 46 FR 52352, Oct. 27,
1981]
Sec. 0.168 Redelegation by Assistant Attorneys General.
(a) Assistant Attorneys General are authorized, with respect to
matters assigned to their respective divisions, to redelegate to
subordinate division officials and United States Attorneys any of the
authority delegated by Secs. 0.160 (a) and (b), 0.162, 0.164, and
0.172(b), except that any disagreement between a United States Attorney
or other Department attorney and a client agency
[[Page 78]]
over a proposed settlement that cannot be resolved below the Assistant
Attorney General level must be presented to the Assistant Attorney
General for resolution.
(b) Redelegations of authority under this section shall be in
writing and shall be approved by the Deputy Attorney General or the
Associate Attorney General, as appropriate, before taking effect.
(c) Existing delegations and redelegations of authority to
subordinate division officials and United States Attorneys to compromise
or close civil claims shall continue in effect until modified or revoked
by the respective Assistant Attorneys General.
(d) Subject to the limitations set forth in Sec. 0.160(c) and
paragraph (a) of this section, redelegations by the Assistant Attorneys
General to United States Attorneys may include the authority to:
(1) Accept offers in compromise of claims asserted by the United
States in all cases in which the gross amount of the original claim does
not exceed $5,000,000 and in which the difference between the original
claim and the proposed settlement does not exceed $1,000,000; and
(2) Accept offers in compromise of, or settle administratively,
claims against the United States in all cases in which the principal
amount of the proposed settlement does not exceed $1,000,000.
[Order No. 1958-95, 60 FR 15675, Mar. 27, 1995]
Sec. 0.169 Definition of ``gross amount of the original claim''.
(a) The phrase gross amount of the original claim as used in this
subpart Y and as applied to any civil fraud claim described in
Sec. 0.45(d), shall mean the amount of single damages involved.
(b) The phrase gross amount of the original claim as used in this
subpart Y and as applied to any civil claim brought under section 592 of
the Tariff Act of 1930, as amended (see Sec. 0.45(c)), shall mean the
actual amount of lost customs duties involved. In nonrevenue loss cases
brought under section 592 of the Tariff Act of 1930, as amended, the
phrase gross amount of the original claim shall mean the amount demanded
in the Customs Service's mitigation decision issued pursuant to 19
U.S.C. 1618 or, if no mitigation decision has been issued, the gross
amount of the original claim shall mean twenty percent of the dutiable
value of the merchandise.
[Order No. 2343-2000, 65 FR 78414, Dec. 15, 2000]
Sec. 0.170 Interest on monetary limits.
In computing the gross amount of the original claim and the amount
of the proposed settlement pursuant to this subpart Y, accrued interest
shall be excluded.
Sec. 0.171 Judgments, fines, penalties, and forfeitures.
(a) Each United States Attorney shall be responsible for conducting,
handling, or supervising such litigation or other actions as may be
appropriate to accomplish the satisfaction, collection, or recovery of
judgments, fines, penalties, and forfeitures (including bail bond
forfeitures) imposed in his district, unless the Assistant Attorney
General, or his delegate, of the litigating division which has
jurisdiction of the case in which such judgment, fine, penalty or
forfeiture is imposed notifies the United States Attorney in writing
that the division will assume such enforcement responsibilities.
(b) Each U.S. Attorney shall designate an Assistant U.S. Attorney,
and such other employees as may be necessary, or shall establish an
appropriate unit within his office, to be responsible for activities
related to the satisfaction, collection, or recovery, as the case may
be, of judgments, fines, penalties, and forfeitures (including bail-bond
forfeitures).
(c) The Director of the Executive Office for United States Attorneys
shall be responsible for the establishment of policy and procedures and
other appropriate action to accomplish the satisfaction, collection, or
recovery of fines, special assessments, penalties, interest, bail bond
forfeitures, restitution, and court costs arising from the prosecution
of criminal cases by the Department of Justice and the United States
Attorneys. He shall also prepare regulations required by 18 U.S.C.
3613(c), pertaining to the application of tax lien provisions to
criminal fines, for issuance by the Attorney General.
[[Page 79]]
(d) The United States Attorney for the judicial district in which a
criminal monetary penalty has been imposed is authorized to receive all
notifications of payment, certified copies of judgments or orders, and
notifications of change of address pertaining to an unpaid fine, which
are otherwise required to be delivered to the Attorney General pursuant
to 18 U.S.C. 3612. If an Assistant Attorney General of a litigating
division has notified the United States Attorney, pursuant to paragraph
(a) of this section that such division will assume responsibility for
enforcement of a criminal monetary penalty, the United States Attorney
shall promptly transmit such notifications and certified copies of
judgments or orders to such division.
(e) With respect to cases assigned to his office, each United States
Attorney--
(1) Shall be responsible for collection of any unpaid fine with
respect to which a certification has been issued as provided in 18
U.S.C. 3612(b);
(2) Shall provide notification of delinquency or default of any fine
as provided in 18 U.S.C. 3612 (d) and (e);
(3) May waive all or any part of any interest or penalty relating to
a fine imposed under any prior law if, as determined by such United
States Attorney, reasonable efforts to collect the interest or penalty
are not likely to be effective; and
(4) Is authorized to accept delivery of the amount or property due
as restitution for transfer to the victim or person eligible under 18
U.S.C. 3663 (or under 18 U.S.C. 3579 (f)(4) with respect to offenses
committed prior to November 1, 1987).
(f) With respect to offenses committed after December 31, 1984, and
prior to November 1, 1987, each United States Attorney is authorized
with respect to cases assigned to his office--
(1) At his discretion, to declare the entire unpaid balance of a
fine or penalty payable immediately in accordance with 18 U.S.C.
3565(b)(3);
(2) If a fine or penalty exceeds $500, to receive a certified copy
of the judgment, otherwise required to be delivered by the clerk of the
court to the Attorney General;
(3) When a fine or penalty is satisfied as provided by law,
(i) To file with the court a notice of satisfaction of judgment if
the defendant makes a written request to the United States Attorney for
such filing; or,
(ii) If the amount of the fine or penalty exceeds $500 to enter into
a written agereement with the defendant to extend the twenty-year period
of obligation to pay fine.
(g) With respect to offenses committed prior to November 1, 1987,
each United States Attorney is hereby authorized, with respect to the
discharge of indigent prisoners under 18 U.S.C. 3569, to make a finding
as to whether the retention by a convict of property, in excess of that
which is by law exempt from being taken on civil process for debt, is
reasonably necessary for the convict's support or that of his family.
(h) The Director of the Bureau of Prisons shall take such steps as
may be necessary to assure that the appropriate U.S. Attorney is
notified whenever a prisoner is released prior to the payment of his
fine.
(i) The Pardon Attorney shall notify the appropriate U.S. Attorney
whenever the President issues a pardon and whenever the President remits
or commutes a fine.
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
445-70, 35 FR 19397, Dec. 23, 1970; Order No. 699-77, 42 FR 15315, Mar.
21, 1977; Order No. 960-81, 46 FR 52352, Oct. 27, 1981; Order No. 1034-
83, 48 FR 50714, Nov. 3, 1983; Order No. 1413-90, 55 FR 19064, May 8,
1990]
Sec. 0.172 Authority: Federal tort claims.
(a) The Director of the Bureau of Prisons, the Commissioner of
Federal Prison Industries, the Commissioner of the Immigration and
Naturalization Service, the Director of the United States Marshals
Service, and the Administrator of the Drug Enforcement Administration
shall have authority to adjust, determine, compromise, and settle a
claim involving the Bureau of Prisons, Federal Prison Industries, the
Immigration and Naturalization Service, the United States Marshals
Service, and the Drug Enforcement Administration, respectively, under
section
[[Page 80]]
2672 of title 28, United States Code, relating to the administrative
settlement of Federal tort claims, if the amount of a proposed
adjustment, compromise, settlement, or award does not exceed $50,000.
When, in the opinion of one of those officials, such a claim pending
before him presents a novel question of law or a question of policy, he
shall obtain the advice of the Assistant Attorney General in charge of
the Civil Division before taking action on the claim.
(b) Subject to the provisions of Sec. 0.160, the assistant Attorney
General in charge of the Civil Division shall have authority to adjust,
determine, compromise, and settle any other claim involving the
Department under section 2672, of title 28, U.S. Code, relating to the
administrative settlement of Federal tort claims.
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
520-73, 38 FR 18381, July 10, 1973; Order No. 565-74, 39 FR 15877, May
6, 1974; Order No. 1149-86, 51 FR 31940, Sept. 8, 1986; Order No. 1528-
91, 56 FR 48734, Sept. 26, 1991; Order No. 2328-2000, 65 FR 60100, Oct.
10, 2000]
Appendix to Subpart Y of Part 0--Redelegations of Authority To
Compromise and Close Civil Claims
Civil Division
[Memo No. 374]
Editorial Note: Civil Division, Memorandum No. 374 was superseded by
Civil Division, Directive No. 110-78, appearing at 43 FR 38820, Aug. 31,
1978.
[Directive No. 18-71]
Editorial Note: Civil Division, Directive No. 18-71 was superseded
by Civil Division, Directive No. 110-78, appearing at 43 FR 38820, Aug.
31, 1978.
[Directive No. 31-72]
Editorial Note: Civil Division, Directive No. 31-72 was superseded
by Civil Division, Directive No. 110-78, appearing at 43 FR 38820, Aug.
31, 1978.
[Directive No. 110-78]
Editorial Note: Civil Division, Directive No. 110-78 was superseded
by Civil Division, Directive No. 145-81, appearing at 46 FR 52353, Oct.
27, 1981.
[Directive No. 145-81]
Editorial Note: Civil Division, Directive No. 145-81 was removed by
Civil Division, Directive No. 163-86, appearing at 53 FR 4010, Feb. 11,
1988.
Redelegation of Authority, to Branch Directors, Heads of Offices and
United States Attorneys in Civil Division Cases
[Directive No. 14-95]
By virtue of the authority vested in me by part 0 of title 28 of the
Code of Federal Regulations, particularly Secs. 0.45, 0.160, 0.164, and
0.168, it is hereby ordered as follows:
Section 1. Authority To Compromise or Close Cases and to File Suits and
Claims
(a) Delegation to Deputy Assistant Attorneys General. The Deputy
Assistant Attorneys General are authorized to act for, and to exercise
the authority of, the Assistant Attorney General in charge of the Civil
Division with respect to the institution of suits, the acceptance or
rejection of compromise offers, and the closing of claims or cases,
unless any such authority is required by law to be exercised by the
Assistant Attorney General personally or has been specifically delegated
to another Department official.
(b) Delegation to United States Attorneys, Branch, Office and Staff
Directors and Attorneys-in-Charge of Field Offices. Subject to the
limitations imposed by 28 CFR 0.160(c), and 0.164(a) and section 4(c) of
this directive, and the authority of the Solicitor General set forth in
28 CFR 0.163,
(1) Branch, Office, and Staff Directors, and Attorneys-in-Charge of
Field Offices with respect to matters assigned or delegated to their
respective components are hereby delegated the authority to:
(a) Accept offers in compromise of claims on behalf of the United
States;
(i) In all cases in which the gross amount of the original claim did
not exceed $500,000; and,
(ii) In all cases in which the gross amount of the original claim
was between $500,000 and $5,000,000, so long as the difference between
the gross amount of the original claim and the proposed settlement does
not exceed $500,000 or 15 percent of the original claim, whichever is
greater;
(b) Accept offers in compromise of, or settle administratively,
claims against the United States in all cases where the principal amount
of the proposed settlement does not exceed $500,000; and,
(c) Reject any offers.
(2) United States Attorneys with respect to matters assigned or
delegated to their respective components are hereby delegated the
authority to:
(a) Accept offers in compromise of claims on behalf of the United
States;
[[Page 81]]
(i) In all cases in which the gross amount of the original claim did
not exceed $1,000,000 and,
(ii) In all cases in which the gross amount of the original claim
does not exceed $5,000,000, and in which the difference between the
gross amount of the original claim and the proposed settlement does not
exceed $1,000,000;
(b) Accept offers in compromise of, or settle administratively,
claims against the United States in all cases where the principal amount
of the proposed settlement does not exceed $1,000,000 and,
(c) Reject any offers.
(3) With respect to claims asserted in bankruptcy proceedings, the
term gross amount of the original claim in (1) (a) and (b), and (2) (a)
and (b) above means liquidation value. Liquidation value is the forced
sale value of the collateral, if any, securing the claim(s) plus the
dividend likely to be paid for the unsecured portion of the claim(s) in
an actual or hypothetical liquidation of the bankruptcy estate.
(c) Subject to the limitations imposed by sections 1(e) and 4(c) of
this directive, United States Attorneys, Directors, and Attorneys-in-
Charge are authorized to file suits, counterclaims, and cross-claims, to
close, or to take any other action necessary to protect the interests of
the United States in all routine nonmonetary cases, in all routine loan
collection and foreclosure cases, and in other monetary claims or cases
where the gross amount of the original claim does not exceed $500,000,
or in the case of United States Attorneys, $1,000,000. Such actions in
nonmonetary cases which are other than routine will be submitted for the
approval of the Assistant Attorney General, Civil Division.
(d) United States Attorneys may redelegate in writing the above-
conferred compromise and suit authority to Assistant United States
Attorneys who supervise other Assistant United States Attorneys who
handle civil litigation.
(e) Limitations on delegations. The authority to compromise cases,
file suits, counter-claims, and cross-claims, to close cases, or take
any other action necessary to protect the interests of the United
States, delegated by paragraphs (a) and (b) of this section, may not be
exercised, and the matter shall be submitted for resolution to the
Assistant Attorney General, Civil Division, when:
(1) For any reason, the proposed action, as a practical matter, will
control or adversely influence the disposition of other claims totaling
more than the respective amounts designated in the above paragraphs.
(2) Because a novel question of law or a question of policy is
presented, or for any other reason, the proposed action should, in the
opinion of the officer or employee concerned, receive the personal
attention of the Assistant Attorney General, Civil Division.
(3) The agency or agencies involved are opposed to the proposed
action. The views of an agency must be solicited with respect to any
significant proposed action if it is a party, if it has asked to be
consulted with respect to any such proposed action, or if such proposed
action in a case would adversely affect any of its policies.
(4) The U.S. Attorney involved is opposed to the proposed action and
requests that the matter be submitted to the Assistant Attorney General
for decision.
(5) The case is on appeal, except as determined by the Director of
the Appellate Staff.
Section 2. Action Memoranda
(a) Whenever an official of the Civil Division or a United States
Attorney accepts a compromise, closes a claim or files a suit or claim
pursuant to the authority delegated by this Directive, a memorandum
fully explaining the basis for the action taken shall be executed and
placed in the file. In the case of matters compromised, closed, or filed
by United States Attorneys, a copy of the memorandum must be sent to the
appropriate Branch or Office of the Civil Division.
(b) The compromising of cases or closing of claims or the filing of
suits for claims, which a United States Attorney is not authorized to
approve, shall be referred to the appropriate Branch or Office within
the Civil Division, for decision by the Assistant Attorney General or
the appropriate authorized person within the Civil Division. The
referral memorandum should contain a detailed description of the matter,
the United States Attorney's recommendation, the agency's recommendation
where applicable, and a full statement of the reasons therefor.
Section 3. Return of Civil Judgment Cases to Agencies
Claims arising out of judgments in favor of the United States which
cannot be permanently closed as uncollectible may be returned to the
referring Federal agency for servicing and surveillance whenever all
conditions set forth in USAM 4-2.230 have been met.
Section 4. Authority for Direct Reference and Delegation of Civil
Division Cases to United States Attorneys
(a) Direct reference to United States Attorneys by agencies. The
following civil actions under the jurisdiction of the Assistant Attorney
General, Civil Division, may be referred by the agency concerned
directly to the appropriate United States Attorney for handling in trial
courts, subject to the limitations imposed by paragraph (c) of this
section. United States Attorneys are hereby delegated the authority to
take all necessary steps to protect the interests of the United
[[Page 82]]
States, without prior approval of the Assistant Attorney General, Civil
Division, or his representations, subject to the limitations set forth
in section 1(e) of this directive. Agencies may, however, if special
handling is desired, refer these cases to the Civil Division. Also, when
constitutional questions or other significant issues arise in the course
of such litigation, or when an appeal is taken by any party, the Civil
Division should be consulted.
(1) Money claims by the United States, except claims involving
penalties and forfeitures, where the gross amount of the original claim
does not exceed $1,000,000.
(2) Single family dwelling house foreclosures arising out of loans
made or insured by the Department of Housing and Urban Development, the
Veterans Administration and the Farmers Home Administration.
(3) Suits to enjoin violations of, and to collect penalties under,
the Agricultural Adjustment Act of 1938, 7 U.S.C. 1376, the Packers and
Stockyards Act, 7 U.S.C. 203, 207(g), 213, 215, 216, 222, and 228a, the
Perishable Agricultural Commodities Act, 1930, 7 U.S.C. 499c(a) and
499h(d), the Egg Products Inspection Act, 21 U.S.C. 1031 et seq., the
Potato Research and Promotion Act, 7 U.S.C. 2611 et seq., the Cotton
Research and Promotion Act of 1966, 7 U.S.C. 2101 et seq., the Federal
Meat Inspection Act, 21 U.S.C. 601 et seq., and the Agricultural
Marketing Agreement Act of 1937, as amended, 7 U.S.C. 601 et seq.
(4) Suits by social security beneficiaries under the Social Security
Act, 42 U.S.C. 402 et seq.
(5) Social Security disability suits under 42 U.S.C. 423 et seq.
(6) Black lung beneficiary suits under the Federal Coal Mine Health
and Safety Act of 1969, 30 U.S.C. 921 et seq.
(7) Suits by Medicare beneficiaries under 42 U.S.C. 1395ff.
(8) Garnishment actions authorized by 42 U.S.C. 659 for child
support or alimony payments and actions for general debt, 5 U.S.C.
5520a.
(9) Judicial review of actions of the Secretary of Agriculture under
the food stamp program, pursuant to the provisions of 7 U.S.C. 2022
involving retail food stores.
(10) Cases referred by the Department of Labor for the collection of
penalties or for injunctive action under the Fair Labor Standards Act of
1938 and the Occupational Safety and Health Act of 1970.
(11) Cases referred by the Department of Labor solely for the
collection of civil penalties under the Farm Labor Contractor
Registration Act of 1963, 7 U.S.C. 2048(b).
(12) Cases referred by the Interstate Commerce Commission to enforce
orders of the Interstate Commerce Commission or to enjoin or suspend
such orders pursuant to 28 U.S.C. 1336.
(13) Cases referred by the United States Postal Service for
injunctive relief under the nonmailable matter laws, 39 U.S.C. 3001 et
seq.
(b) Delegation to United States Attorneys. Upon the recommendation
of the appropriate Director, the Assistant Attorney General, Civil
Division may delegate to United States Attorneys suit authority
involving any claims or suits where the gross amount of the original
claim does not exceed $5,000,000 where the circumstances warrant such
delegations. United States Attorneys may compromise any case redelegated
under this subsection in which the gross amount of the original claim
does not exceed $5,000,000, so long as the difference between the gross
amount of the original claim and the proposed settlement does not exceed
$1,000,000. United States Attorneys may close cases redelegated to them
under this subsection only upon the authorization of the appropriate
authorized person within the Department of Justice. All delegations
pursuant to this subsection shall be in writing and no United States
Attorney shall have authority to compromise or close any such delegated
case or claim except as is specified in the required written delegation
or in section 1(c) of this directive. The limitations of section 1(e) of
this directive also remain applicable in any case or claim delegated
hereunder.
(c) Cases not covered. Regardless of the amount in controversy, the
following matters normally will not be delegated to United States
Attorneys for handling but will be personally or jointly handled or
monitored by the appropriate Branch or Office within the Civil Division:
(1) Civil actions in the Court of Federal Claims.
(2) Cases within the jurisdiction of the Commercial Litigation
Branch involving patents, trademarks, copyrights, etc.
(3) Cases before the United States Court of International Trade.
(4) Any case involving bribery, conflict of interest, breach of
fiduciary duty, breach of employment contract, or exploitation of public
office.
(5) Any fraud or False Claims Act case where the amount of single
damages, plus civil penalties, if any, exceeds $1,000,000.
(6) Any case involving vessel-caused pollution in navigable waters.
(7) Cases on appeal, except as determined by the Director of the
Appellate Staff.
(8) Any case involving litigation in a foreign court.
(9) Criminal proceedings arising under statutes enforced by the Food
and Drug Administration, the Consumer Product Safety Commission, the
Federal Trade Commission, and the National Highway Traffic Safety
Administration (relating to odometer tampering), except as determined by
the Director of the Office of Consumer Litigation.
[[Page 83]]
(10) Nonmonetary civil cases, including injunction suits,
declaratory judgment actions, and applications for inspection warrants,
and cases seeking civil penalties including but not limited to those
arising under statutes enforced by the Food and Drug Administration, the
Consumer Product Safety Commission, the Federal Trade Commission, and
the National Highway Traffic Safety Administration (relating to odometer
tampering), except as determined by the Director of the Office of
Consumer Litigation.
(11) Administrative claims arising under the Federal Tort Claims
Act.
Section 5. Adverse Decisions
All final judicial decisions adverse to the Government involving any
direct reference or delegated case must be reported promptly to the
Assistant Attorney General, Civil Division, attention Director,
Appellate Staff. Consult title 2 of the United States Attorney's Manual
for procedures and time limitations. An appeal cannot be taken without
approval of the Solicitor General. Until the Solicitor General has made
a decision whether an appeal will be taken, the Government attorney
handling the case must take all necessary procedural actions to preserve
the Government's right to take an appeal, including filing a protective
notice of appeal when the time to file a notice of appeal is about to
expire and the Solicitor General has not yet made a decision. Nothing in
the foregoing directive affects this obligation.
Section 6. Supersession
This directive supersedes Civil Division Directive No. 176-91
regarding redelegation of the Assistant Attorney General's authority in
Civil Division cases to Branch Directors, heads of offices and United
States Attorneys.
Section 7. Applicability
This directive applies to all cases pending as of the date of this
directive and is effective immediately.
[60 FR 17457, Apr. 6, 1995]
Criminal Division
[Memo No. 375]
Standards And Procedures With Respect To Criminal Prosecutions Involving
Certain Agricultural Marketing Quota Penalty Cases
By virtue of the authority vested in me by part 0 of title 28 of the
Code of Federal Regulations, particularly Secs. 0.55, 0.160, 0.162,
0.164, 0.166, and 0.168, it is hereby ordered as follows:
Section 1. Purpose. The purpose of this Memorandum is to prescribe
standards and procedures for U.S. Attorneys with respect to the handling
of the criminal aspects of agricultural marketing quota penalty cases
which are submitted to the U.S. Attorneys by direct referral from the
attorney in charge of the local office of the General Counsel of the
Department of Agriculture (hereinafter in this Memorandum referred to as
the General Counsel). Supplement No. 1 of October 26, 1955, to
Memorandum No. 119 is hereby superseded. Attention is invited to the
fact that Memorandum No. 374, of June 3, 1964, which superseded
Memorandum No. 119 of December 8, 1954, deals with the civil aspects of
agricultural marketing quota penalty cases.
Sec. 2. Scope of authority. (a) The authority conferred by this
Memorandum is applicable to alleged criminal violations involving the
provisions of the Agricultural Adjustment Act of 1938, as amended (7
U.S.C. 1311-1376), in cases in which the gross amount involved does not
exceed $5,000.
(b) Matters involving alleged criminal violations of the
Agricultural Adjustment Act of 1938, as amended, shall be referred
directly to the U.S. Attorney concerned by the attorney in charge of the
local office of the General Counsel which has jurisdiction over any such
matter requiring action. U.S. Attorneys may initiate criminal
prosecution or decline to do so as they, in their judgment, may deem
appropriate. U.S. Attorneys are, of course, urged to obtain the advice
and assistance of this Department whenever they feel that such advice
and assistance might be helpful.
Sec. 3. Correspondence--(a) With the Department of Justice.
Inquiries to the Department concerning any matters covered by this
Memorandum should be directed to the attention of the Assistant Attorney
General in charge of the Criminal Division (hereinafter in this
Memorandum referred to as the Assistant Attorney General). Any such
inquiry should be accompanied by copies of all pertinent correspondence
and other documents, including the indictment if one shall have been
returned, since files concerning these matters will not be maintained in
Washington.
(b) With the Department of Agriculture. Correspondence calling for
additional factual details, and requests for investigations, documents,
witnesses, and similar matters, should be directed to the General
Counsel's attorney in charge who originated the matter. However, only
the U.S. Attorney and his duly appointed assistants are authorized to
exercise any control whatsoever over the handling of any such matter
referred to the U.S. Attorney for action. The U.S. Attorney is charged
with the entire responsibility for the manner in which such matters are
handled.
Sec. 4. Closing of the Prosecution. (a) U.S. Attorneys may decline
to prosecute any case
[[Page 84]]
involving a matter covered by this Memorandum without prior consultation
or approval of the Assistant Attorney General. If, however, prosecution
has been initiated by way of indictment or information, the indictment
or information shall not be dismissed until authority to do so has been
obtained from the Assistant Attorney General or his representative
unless the reason for the dismissal is one which does not necessitate
the prior approval of the Criminal Division. (See U.S. Attorneys'
Manual, title 2: Criminal Division, pages 18-20.)
(b) In each instance in which a case is closed by a U.S. Attorney
and in which prior approval of the Assistant Attorney General or his
representative has not been obtained, a memorandum shall be prepared and
placed in the file describing the action taken and the reasons therefor.
Sec. 5. Appeals. The instructions existing with reference to
criminal appeals shall govern appeals in cases covered by this
Memorandum.
[29 FR 7423, June 9, 1964]
[Directive No. 1]
Editorial Note: Criminal Division, Directive No. 1, was superseded
by Criminal Division, Directive No. 2, appearing at 43 FR 50677, Oct.
31, 1978.
[Directive No. 2]
Editorial Note: Criminal Division, Directive No. 2, was superseded
by Criminal Division, Directive No. 116, appearing at 48 FR 50713, Nov.
3, 1983.
[Attorney General Order No. 1598-92]
Redelegations of Authority to United States Attorneys, Deputy Assistant
Attorneys General, Section Chiefs, and Director, Asset Forfeiture
Office, in the Criminal Division
By virtue of the authority vested in me by part 0 of title 28 of the
Code of Federal Regulations, as amended, particularly Secs. 0.160,
0.162, 0.164, 0.168 and 0.171, it is hereby ordered as follows:
(a)(1) Each U.S. Attorney is authorized in cases delegated to the
Assistant Attorney General of the Criminal Division--
(A) To accept or reject offers in compromise of--
(i) Claims in behalf of the United States in all cases (other than
forfeiture cases) in which the original claim did not exceed $500,000,
and in all cases in which the original claim was between $500,000 and
$5,000,000, so long as the difference between the gross amount of the
original claim and the proposed settlement does not exceed 15 percent of
the original claim; and in all civil or criminal forfeiture cases,
except that the U.S. Attorney shall consult with the Asset Forfeiture
Office of the Criminal Division before accepting offers in compromise or
plea offers in forfeiture cases in which the orignial claim was
$5,000,000 or more, and in forfeiture cases in which the original claim
was between $500,000 and $5,000,000, when the difference between the
gross amount of the original forfeiture sought and the proposed
settlement exceeds 15 percent of the original claim; and
(ii) Claims against the United States in all cases, or in
administrative actions to settle, in which the amount of the proposed
settlement does not exceed $500,000; and
(B) To close (other than by compromise or entry of judgment) claims
asserted by the United States in all cases (other than forfeiture cases)
in which the gross amount of the original claim does not exceed
$500,000, and in all civil or criminal forfeiture cases, except that the
U.S. Attorney shall consult with the Asset Forfeiture Office of the
Criminal Division before closing a forfeiture case in which the gross
amount of the original forfeiture sought is $500,000 or more.
(2) This subsection does not apply--
(A) When, for any reason, the compromise or closing of a particular
claim (other than a forfeiture case) will, as a practical matter,
control or adversely influence the disposition of other claims, which,
when added to the claim in question, total more than the respective
amounts designated above;
(B) When the U.S. Attorney is of the opinion that because of a
question of law or policy presented, or for any other reason, the matter
should receive the personal attention of the Assistant Attorney General;
(C) When a settlement converts into a mandatory duty the otherwise
discretionary authority of an agency or department to revise, amend, or
promulgate regulations;
(D) When a settlement commits a department or agency to expend funds
that Congress has not appropriated and that have not been budgeted for
the action in question, or commits a department or agency to seek a
particular appropriation or budget authorization; or
(E) When a settlement limits the discretion of a Secretary or agency
administrator to make policy or managerial decisions committed to the
Secretary or agency administrator by Congress or by the Constitution.
(b) Notwithstanding the provisions of this Order, the Assistant
Attorney General of the Criminal Division may delegate to U.S. Attorneys
authority to compromise or close other cases, including those involving
amounts greater than as set forth in paragraph (a) above, and up to the
maximum limit of his authority, where the circumstances warrant such
delegation.
(c) All other authority delegated to me by Secs. 0.160, 0.162, 0.164
and 0.171 of title 28 of the
[[Page 85]]
Code of Federal Regulations not falling within the limitations of
paragraph (a) of this Order is hereby redelegated to Section Chiefs in
the Criminal Division, except that--
(1) The authority delegated to me by Secs. 0.160, 0.162, 0.164 and
0.171 of that title relating to conducting, handling, or supervising
civil and criminal forfeiture litigation (other than bail bond
forfeiture), including acceptance or denial of petitions for remission
or mitigation of forfeiture, is hereby redelegated to the Director of
the Asset Forfeiture Office; and
(2) When a Section Chief or the Director of the Asset Forfeiture
Office is of the opinion that because of a question of law or policy
presented, or for any other reason, a matter described in paragraph (c)
should receive the personal attention of a Deputy Assistant Attorney
General or Assistant Attorney General, he shall refer the matter to the
appropriate Deputy Assistant Attorney General or to the Assistant
Attorney General.
(d) Notwithstanding any of the above redelegations, when the agency
or agencies involved have objected in writing to the proposed closing or
dismissal of a case, or to the acceptance or rejection of an offer in
compromise, any such unresolved objection shall be referred to the
Assistant Attorney General for resolution.
[Order No. 1598-92, 57 FR 30396, July 9, 1992]
Land and Natural Resources Division
[Memo. No. 388]
Editorial Note: Land and Natural Resources Division, Memo No. 388,
was superseded by Land and Natural Resources Division, Directive No. 7-
76, appearing at 41 FR 53660, Dec. 8, 1976.
[Directive No. 4-72]
Editorial Note: Land and Natural Resources Division, Directive No.
4-72, was superseded by Land and Natural Resources Division, Directive
No. 7-76, appearing at 41 FR 53660, Dec. 8, 1976.
[Directive No. 5-72]
Editorial Note: Land and Natural Resources Division, Directive No.
5-72, was superseded by Land and Natural Resources Division, Directive
No. 7-76, appearing at 41 FR 53660, Dec. 8, 1976.
[Directive No. 7-76]
Redelegation Of Authority To Initiate And To Compromise Land And Natural
Resources Division Cases
This directive supersedes Land and Natural Resources Memorandum No.
388 (appendix to subpart Y) and Directives Nos. 4-72 and 5-72. By virtue
of the authority vested in me by part 0 of title 28 of the Code of
Federal Regulations, and particularly Secs. 0.65, 0.160, 0.162, 0.164,
0.166, and 0.168 thereof, I hereby redelegate to the Deputy Assistant
Attorney General, certain Section Chiefs, and to the United States
Attorneys, the following authority to act in connection with, and to
compromise, Land and Natural Resources Division cases:
Section I--Authority To Initiate Cases
A. Delegation to United States Attorneys--1. Land Cases. United
States Attorneys are hereby authorized to act in matters concerning real
property of the United States, including tribal and restricted
individual Indian land, not involving new or unusual questions or
questions of title or water rights, on behalf of any other department or
agency in response to a direct request in writing from an authorized
field officer of the department or agency concerned, without prior
authorization from the Land and Natural Resources Division, in the
following-described cases:
(a) Actions to recover possession of property from tenants,
squatters, trespassers, or others, and actions to enjoin trespasses on
Federal property;
(b) Actions to recover damages resulting from trespasses when the
amount of the claim for actual damage based upon an innocent trespass
does not exceed $200,000 (The United States Attorneys may seek recovery
of amounts exceeding $200,000 (i) if the actual damages are $200,000 or
less and State statutes permit the recovery of multiple damages, e.g.,
double or treble, for either a willful or an innocent trespass; or (ii)
if the actual damages are $200,000 or less, but the action is for
conversion to obtain recovery of the enhanced value of property severed
and removed in the trespass);
(c) Actions to collect delinquent rentals or damages for use and
occupancy of not more than $200,000;
(d) Actions to collect costs of forest fire suppression and other
damages resulting from such fires if the total claim does not exceed
$200,000;
(e) Actions to collect delinquent operation and maintenance charges
accruing on Indian irrigation projects and federal reclamation projects
of not more than $200,000; and
(f) Actions to collect loans of money or livestock made by the
United States to individual Indians without limitation on amount,
including loans made by Indian tribal organizations to individual
Indians if the loan agreements, notes and securities have been assigned
by the tribal organizations to the United States.
2. Environmental cases. Pursuant to paragraph 10 of the memorandum
of understanding between the Department of Justice and the Environmental
Protection Agency
[[Page 86]]
(42 FR 48942) with respect to the handling of litigation to which the
Environmental Protection Agency is a party, all requests of the
Environmental Protection Agency for litigation must be submitted by the
Agency through its General Counsel or its Assistant Administrator for
Enforcement to the Assistant Attorney General, except that matters
requiring an immediate temporary restraining order may be submitted by
regional Administrators of the Environmental Protection Agency
simultaneously to a U.S. Attorney and the Assistant Attorney General.
Consequently, except for matters requiring an immedate temporary
restraining order, U.S. Attorneys are not authorized to accept on a
direct reference basis any matters or cases originating in any office of
the Environmental Protection Agency.
U.S. Attorneys are authorized to act, without prior authorization
from the Land and Natural Resources Division, on behalf of Federal
departments or agencies other than the Environmental Protection Agency,
in response to a direct request in writing from an authorized field
officer of the department or agency concerned, in the following
environmental cases:
(a) Civil or criminal actions involving the filling or the deposit
of dredged or fill material upon, or the alteration of the channels of,
the waters of the United States, in violation of section 10 of the River
and Harbor Act of March 3, 1899 (33 U.S.C. 403), or of section 404 of
the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C.
1344), or of both statutes;
(b) Civil or criminal actions involving the discharge of refuse into
the navigable waters of the United States, and, in certain cases, their
tributaries, in violation of section 13 of the Act of March 3, 1899 (33
U.S.C. 407), except for
(i) In rem actions against vessels, which actions shall continue to
be handled in the manner set forth in departmental memorandums 374 and
376, dated June 3, 1964, and shall continue to be under the jurisdiction
of the Civil Division; and
(ii) Criminal actions involving the discharge either of oil or of
hazardous substances, for which discharge a government agency either has
imposed a civil penalty pursuant to section 311(b)(6) of the Federal
Water Pollution Control Act Amendments of 1972 (33 U.S.C. 1321(b)(6)),
or has under consideration the imposition of such a penalty.
3. Notification to Division of Direct Referral. In each case
referred to the United States Attorneys pursuant to the authority set
forth in Subparagraphs 1 and 2 above, the United States Attorney shall,
prior to taking action, assure that a copy of the authorized field
officer's written request has been forwarded to the Assistant Attorney
General, Land and Natural Resources Division, Department of Justice,
Washington, DC, 20530.
Section II--Authority To Compromise, Dismiss, or Close Cases
A. Delegation to Deputy Assistant Attorney General. Subject to the
limitations imposed by Paragraph D of this Section, the Deputy Assistant
Attorney General in the Land and Natural Resources Division is hereby
authorized, with respect to matters assigned to the Land and Natural
Resources Division, to accept or reject offers in compromise of claims
against the United States in which the amount of the proposed settlement
does not exceed $500,000, and of claims in behalf of the United States
in which the gross amount of the original claim does not exceed
$500,000.
B. Delegation to Section Chiefs. Subject to the limitations imposed
by Paragraph D of this Section, the Chiefs of the Land Acquisition,
Indian Claims, Pollution Control, Indian Resources, and General
Litigation Sections of the Land and Natural Resources Division are
hereby authorized, with respect to matters assigned to their respective
sections, to accept or reject offers in compromise of claims against the
United States in which the amount of the proposed settlement does not
exceed $300,000, and of claims in behalf of the United States in which
the gross amount of the original claim does not exceed $300,000.
C. Delegations to United States Attorneys--1. Compromise of land
cases. Subject to the limitations imposed by paragraph D of this
section, U.S. Attorneys are authorized, without the prior approval of
the Land and Natural Resources Division, to accept or reject offers in
compromise in the direct referral land cases listed in subparagraph A-1
of section I, and in claims against the United States in which the
amount of the proposed settlement does not exceed $200,000, if the
authorized field officer of the interested agency concurs in writing,
except that where the United States is a plaintiff, a U.S. Attorney may
accept an offer without the concurrence of the field officer if the
acceptance is based solely upon the financial circumstances of the
debtor.
2. Compromise of environmental cases. Prior delegations of authority
to the U.S. Attorneys to settle any type of case in which the Department
of Justice represents the Environmental Protection Agency, or the
Administrator or any other official of that Agency, are hereby revoked;
all offers in compromise of such cases shall be submitted to the
Assistant Attorney General of the Land and Natural Resources Division,
for appropriate action.
3. Compromise of Condemnation Cases. (a) Subject to the limitations
imposed in Paragraph D of this section, United States Attorneys are
hereby authorized, without the prior approval of the Land and Natural
Resources Division, to accept or reject offers in compromise of claims
against the United
[[Page 87]]
States for just compensation in condemnation proceedings in any case in
which
(i) The gross amount of the proposed settlement does not exceed
$100,000; and
(ii) The settlement is approved in writing (the written approval to
be retained in the file of the United States Attorney concerned) by the
authorized field representative of the acquiring agency if the amount of
the settlement exceeds the amount deposited with the declaration of
taking as to the particular tract of land involved; and
(iii) The amount of the settlement is compatible with the sound
appraisal, or appraisals, upon which the United States would rely as
evidence in the event of trial, due regard being had for probable
minimum trial costs and risks; and
(iv) The case does not involve the revestment of any land or
improvements or any interest, or interests, in land under the Act of
October 21, 1942, 56 Stat. 797 (40 U.S.C. 258f). 3(b). When a United
States Attorney has settled a condemnation proceeding under the
authority conferred upon him by the foregoing subparagraph, he shall
promptly secure the entry of judgment and distribution of the award, and
shall take all other steps necessary to dispose of the matter
completely. The United States Attorney concerned shall also immediately
forward to the Department a report, in the form of a letter or
memorandum, bearing his signature or showing his personal approval,
stating the action taken and containing an adequate statement of the
reasons therefor. In routine cases, a form, containing the minimum
elements of the required report, may be used in lieu of a letter or
memorandum. In any case, special care shall be taken to see that the
report contains a statement as to what the valuation testimony of the
United States would have been if the case had been tried.
4. Closing or Dismissal of Matters and Cases. Subject to the
limitations imposed in Paragraph D of this section, a direct referral
matter described in Section I may be closed without action by the United
States Attorney or, if filed in court, may be dismissed by him, if the
field officer of the interested agency concurs in writing that it is
without merit legally or factually. Except for claims on behalf of
Indians or Indian tribes, the United States Attorney may close a claim
without consulting the field officer of the interested agency if the
claim is for money only and if he concludes (a) that the cost of
collection under the circumstances would exceed the amount of the claim,
or (b) that the claim is uncollectable. With respect to claims asserted
by the United States on behalf of individual Indians or Indian tribes,
the United States Attorney may close a claim without consulting the
field officer of the interested agency if the claim is for money only
and if he concludes that the claim is uncollectable; claims on behalf of
Indian individuals and tribes may not be closed merely because the cost
of collection might exceed the amount of the claim.
D. Limitations on delegations. The authority to compromise, close or
dismiss cases delegated by Paragraphs A, B and C of this section may not
be exercised when,
(a) For any reason, the compromise of a particular claim, as a
practical matter, will control or adversely influence the disposition of
other claims totaling more than the respective amounts designated above;
(b) Because a novel question of law or a question of policy is
presented, or for any other reason, the offer should, in the opinion of
the officer or employee concerned, receive the personal attention of the
Assistant Attorney General in charge of the Land and Natural Resources
Division; and
(c) The agency or agencies involved are opposed to the proposed
closing or dismissal of a case, or acceptance or rejection of the offer
in compromise.
If any of the conditions listed above exist, the matter shall be
submitted for resolution to the Assistant Attorney General in charge of
the Land and Natural Resources Division.
Effective date of this directive. This Directive shall be effective
on December 8, 1976.
[41 FR 53660, Dec. 8, 1976, as amended at 43 FR 36069, Aug. 15, 1978; 51
FR 12848, Apr. 16, 1986]
[Directive No. 90-50]
Redelegation of Authority To Initiate and To Compromise Environment and
Natural Resources Division Cases
Pursuant to the authority vested in me by title 28 of the Code of
Federal Regulations, and particularly Secs. 0.65, 0.65(a), 0.160, 0.162,
0.164, 0.166, 0.168 and 50.7 thereof, I hereby redelegate to the Section
Chief of the Environmental Enforcement Section, the following authority
to initiate and to compromise Environment and Natural Resources Division
cases and to approve Federal Register Notices describing settlements of
actions to enjoin discharges of pollutants into the environment.
Authority To Initiate Cases
The Section Chief of the Environmental Enforcement Section is hereby
authorized to initiate civil actions on behalf of any other department
or agency in response to a written request from an authorized official
of the department or agency concerned, under the following environmental
statutes:
1. Cases under section 14 of the Federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. 136l(a), section 16 of the Toxic Substances
Control Act, 15 U.S.C. 2615(a) and section 309(g)(9) of the Clean Water
Act, 33
[[Page 88]]
U.S.C. 309(g)(9), for collection of civil penalties previously assessed
by the Environmental Protection Agency in a formal administrative
proceeding.
2. Cases under sections 112 and 113 of the Clean Air Act, 42 U.S.C.
7412 and 7413 for violations of the national emission standards for
asbestos hazardous air pollutants.
3. Cases under section 311 of the Clean Water Act, 33 U.S.C. 1321,
for recovery of costs expended by the United States' to remove oil or
hazardous substances discharged into or upon the navigable waters of the
United States, adjoining shorelines, or into or upon the waters of the
contiguous zone where such costs do not exceed $1 million, exclusive of
interest.
4. Cases under section 104(e) of the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. 9604(e) to enforce
requests for access to information, entry and/or inspection and samples.
5. Cases under section 107 of the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. 9607, for recovery
of costs of removal or remedial action incurred by the United States
where such costs do not exceed $1 million, exclusive of interest.
Any case initiation under paragraphs 1-5 above, should be referred
to the Assistant Attorney General, Environment and Natural Resources
Division, for approval, whenever the Section Chief of the Environmental
Enforcement Section is of the opinion that because of a question of law
or policy presented, or for any other reason, the matter should receive
the attention of the Assistant Attorney General, Environment and Natural
Resources Division.
Authority To Compromise Cases
The Section Chief of the Environmental Enforcement Section is hereby
authorized to compromise civil claims on behalf of the United States
under the following environmental statutes:
1. Cases under section 14 of the Federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. 1361(a), section 16 of the Toxic Substances
Control Act, 15 U.S.C. 2615(a) and section 309(g)(9) of the Clean Water
Act, 33 U.S.C. 309(g)(9), for collection of civil penalties previously
assessed by the Environmental Protection Agency in a formal
administrative proceeding.
2. Cases under sections 112 and 113 of the Clean Air Act, 42 U.S.C.
7412 and 7413 for violations of the national emission standards for
asbestos hazardous air pollutants.
3. Cases under the Safe Drinking Water Act, 42 U.S.C. 300(f) et
seq., the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et
seq., the Clean Air Act, 42 U.S.C. 7401 et seq., the Clean Water Act, 33
U.S.C. 1251 et seq., the Federal Insecticide, Fungicide and Rodenticide
Act, 7 U.S.C. 136 et seq., and the Toxic Substances Control Act, 15
U.S.C. 2601 et seq., where the amount of the civil penalty to be paid to
the United States does not exceed $100,000.
4. Cases under section 311 of the Clean Water Act, 33 U.S.C. 1321,
for recovery of costs expended by the United States to remove oil or
hazardous substances discharged into or upon the navigable waters of the
United States, adjoining shorelines, or into or upon the waters of the
contiguous zone, where such costs do not exceed $1 million, exclusive of
interest, and the difference between the United States' claim and the
proposed settlement does not exceed $500,000.
5. Cases under section 104(e) of the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. 9604(e), to enforce
requests for access to information, entry and/or inspection and samples.
6. Cases under section 107 of the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. 9607, for recovery
of costs of removal or remedial action incurred by the United States,
where such costs do not exceed $1 million, exclusive of interest, and
the difference between the United States' claim and the proposed
settlement does not exceed $500,000.
Any settlement under paragraphs 4 and 6 above, regardless of the
amount or circumstances, should be referred to the Assistant Attorney
General, Environment and Natural Resources Division, when for any
reason, the compromise of a particular claim, as a practical matter,
will control or adversely influence the disposition of other claims
totalling more than $500,000. In addition, any settlement under
paragraphs 1-6 above should be referred to the Assistant Attorney
General, Environment and Natural Resources Division, whenever the
Section Chief of the Environmental Enforcement Section is of the opinion
that because of a question of law or policy presented, or because of
opposition to the proposed settlement by the agency or agencies
involved, or for any other reason, the offer should receive the personal
attention of the Assistant Attorney General, Environment and Natural
Resources Division.
Authority To Approve Federal Register Notices
The Section Chief of the Environmental Enforcement Section is hereby
authorized to approve all Federal Register Notices under 28 CFR 50.7 and
to transmit those notices to the Assistant Attorney General, Office of
Legal Counsel, for publication.
Authority of Persons Acting in the Capacity of the Section Chief,
Environmental Enforcement Section
In the event that another person is acting in the capacity of the
Section Chief, Environmental Enforcement Section, that person
[[Page 89]]
will have the authority to initiate and to compromise cases under these
delegations only if specifically authorized in writing by the Assistant
Attorney General, Environment and Natural Resources Division.
Date of Delegations
This Directive shall be effective December 24, 1990, and the United
States Attorneys' Manual will be revised accordingly.
[Order No. 50-90, 55 52839, Dec. 24, 1990]
[Directive 1-86]
Pursuant to the authority vested in me under 28 CFR Sec. 16.4(b) and
Sec. 16.42(b), I delegate to the Deputy Assistant Attorney General who
supervises the Policy, Legislation and Special Litigation Section, or to
whoever is acting in that capacity, the authority to grant to deny any
request for a record of the Land and Natural Resources Division made
pursuant to the Freedom of Information Act, 5 U.S.C. 552, or the Privacy
Act of 1974, 5 U.S.C. 552a.
Effective Date: January 9, 1986.
[51 FR 12849, Apr. 16, 1986]
[Directive 6-85]
Delegation of Authority to Chief, Land Acquisition Section, to Stipulate
or Agree in Behalf of the United States to Exclude Property Taken on
Behalf of the United States by Declaration of Taking or Otherwise
Section 258f of the Declaration of Taking Act, 40 U.S.C. 258a, et
seq., contains the following provision:
In any condemnation proceeding instituted by or on behalf of the
United States, the Attorney General is authorized to stipulate or agree
in behalf of the United States to exclude any property or any part
thereof, or any interest therein, that may have been, or may be, taken
by or on behalf of the United States by declaration of taking or
otherwise.
The foregoing authority has been delegated to the Assistant Attorney
General, Land and Natural Resources Division, by the Attorney General,
chapter I, part O, subpart M, Secs. 0.65 and 0.160(a)(2), title 28, Code
of Federal Regulations.
In view of the frequency of agency requests that this office
stipulate or agree to exclude property or parts of property taken by
declaration of taking or otherwise, and in the interest of efficient
administration of the duties and responsibilities of this office, I
hereby make the following limited delegation of authority to stipulate
or agree to such exclusions (revestments).
The Chief, Land Acquisition Section, is authorized to stipulate or
agree in behalf of the United States to exclude (revest) any property or
any part thereof, or any interest therein, that may have been, or may be
taken by or on behalf of the United States by declaration of taking or
otherwise, when:
1. The exclusion (revestment) has been requested or approved in
writing by a duly authorized officer of the agency for which the
property was taken; and
2. In the case of a partial exclusion (revestment) in connection
with an overall settlement of the case, the combined amount of the
monetary payment of compensation and the government's appraised value of
the land to be excluded (revested) does not exceed the monetary
limitation on the Section Chief's settlement authority; or
3. In the case of an exclusion (revestment) that is not part of an
overall settlement of the case, the government's appraised value of the
land to be excluded (revested) together with any payment of compensation
for possession and/or litigation expenses do not exceed the monetary
limitations of the Section Chief's settlement authority.
Provided that the delegation of settlement authority shall not
extend to any revestment which raises precedential questions or policy
issues. In such instances, the decision on whether to stipulate or agree
to exclusions of property shall remain with the Assistant Attorney
General of the Land and Natural Resources Division.
Effective Date: February 4, 1985.
[51 FR 12849, Apr. 16, 1986]
[Directive 6-83]
By virtue of the authority vested in me by part 0 of title 28, Code
of Federal Regulations Sec. 0.65, the Section Chief of the Wildlife and
Marine Resources Section is now authorized to rule upon petitions for
remission or mitigation of civil or criminal forfeitures filed with the
Attorney General pursuant to the Endangered Species Act of 1973 (16
U.S.C. 1531-1543); the Lacey Act and related provisions (18 U.S.C. 41-
44, 47); the Airborne Hunting Act (16 U.S.C. 742j-1); the Migratory Bird
Act (16 U.S.C. 701, et seq.); the Bald and Golden Eagle Protection Act
(16 U.S.C. 668-668d); the Fish and Wildlife Coordination Act (16 U.S.C.
661 et seq.); the National Wildlife Refuge System Administration Act (16
U.S.C. 668dd, 668ee); the Magnuson Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.); the Tuna Conventions Act (16 U.S.C. 951 et
seq.); the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.,) the
Sockeye Salmon or Pink Salmon Fishing Act (16 U.S.C. 776 et seq.); the
Protection of Sea Otters on the High Seas Act (16 U.S.C. 1171 et seq.);
the Northern Pacific Halibut Act (16 U.S.C. 772 et seq.); and the North
Pacific Fisheries Act (16 U.S.C. 1021 et seq.).
The Section Chief of the Wildlife and Marine Resources Section shall
base his decision upon a review of all the pertinent facts
[[Page 90]]
including the petition for remission or mitigation, the report and
recommendation of the appropriate United States Attorney, the report of
the seizing law enforcement agency, and the report prepared within the
Section.
Following the adverse decision a petitioner may request the
Assistant Attorney General for the Land and Natural Resources Division
to review the decision of the Section Chief.
The above directive shall be effective immediately and shall be the
interim procedure in effect until promulgation of regulations by the
Department of Justice which address the remission and mitigation process
in the Land and Natural Resources Division.
Effective Date: April 12, 1983.
[51 FR 12849, Apr. 16, 1986]
[Directive 6-81]
This directive establishes the Division's policy of notice to
appropriate state officials of action against states. The Chief of each
section in the Land and Natural Resources Division shall:
1. Insure that each attorney in his or her respective section reads,
becomes familiar with, and complies with this directive.
2. In each suit or claim brought against state government, agencies,
and entities;
(a) Satisfy the Deputy Assistant Attorney General to whom the
section reports of compliance with this directive,
(b) Before such suit or claim is brought, advise the Attorney
General and governor of any affected state as to the nature of the
contemplated action and the terms of the remedy sought and
(c) Place a memorandum in the file of the case of matter, indicating
compliance with this directive.
Such prior notice may:
(1) Result in settlement of the action in advance of its filing on
terms acceptable to the United States,
(2) Permit the state to bring to our attention facts or issues that
may change our outlook on the action, or
(3) Permit the State Attorney General and the Governor to respond
knowledgeably to inquires from local officials and the media when the
action is commenced.
Because the actual situation covered by this directive may vary from
section to section, no single detailed procedure can be established but
common sense should prevail. To that end, the state through its Attorney
General and Governor should get fair warning and an opportunity to
resolve the litigation. The notice should be given sufficiently in
advance of the contemplated action to allow state officials to respond.
Where a Section Chief believes he has good cause to seek an
exception from the terms of this directive he should discuss the matter
with the Deputy Assistant Attorney General to whom he or she reports.
Effective Date: April 27, 1981.
[51 FR 12849, Apr. 16, 1986]
Tax Division
[Directive No. 27]
Editorial Note: Tax Division, Directive No. 27, was superseded by
Tax Division, Directive No. 28, appearing at 41 FR 53005, Dec. 3, 1976.
[Directive No. 28]
Editorial Note: Tax Division, Directive No. 28, was superseded by
Tax Division, Directive No. 31, appearing at 43 FR 36438, Aug. 17, 1978.
[Memo No. 391]
Editorial Note: Tax Division Memo No. 391 was superseded by Tax
Division Directive No. 29.
[Directive No. 29]
Editorial Note: Tax Division, Directive No. 29 was superseded by Tax
Division, Directive No. 30, appearing at 43 FR 36438, Aug. 17, 1978.
[Directive No. 30]
Editorial Note: Tax Division, Directive No. 30 was superseded by Tax
Division, Directive No. 55, appearing at 51 FR 16841, May 7, 1986.
[Directive No. 31]
Editorial Note: Tax Division, Directive No. 31 was superseded by Tax
Division, Directive No. 36, appearing at 45 FR 20799, Mar. 31, 1980.
[Directive No. 36]
Editorial Note: Tax Division, Directive No. 36 was superseded by Tax
Division, Directive No. 40, appearing at 45 FR 81201, Dec. 10, 1980 and
redesignated as Directive No. 41 appearing at 46 FR 52352, Oct. 27,
1981.
[Directive No. 41]
Editorial Note: Tax Division, Directive No. 41 was superseded by Tax
Division, Directive No. 42, appearing at 47 FR 44254, Oct. 7, 1982.
[Directive No. 42]
Editorial Note: Tax Division, Directive No. 42 was superseded by Tax
Division, Directive No. 43, appearing at 48 FR 16674, Apr. 19, 1983.
[[Page 91]]
[Directive No. 43]
Editorial Note: Tax Division, Directive No. 43 was superseded by Tax
Division, Directive No. 45, appearing at 48 FR 25183, June 6, 1983,
corrected at 48 FR 28634, June 23, 1983.
[Directive No. 45]
Editorial Note: Tax Division, Directive No. 45 was superseded by Tax
Division Directive No. 47, appearing at 49 FR 12247, Mar. 29, 1984.
[Directive No. 47]
Editorial Note: Tax Division, Directive No. 47 was superseded by Tax
Division Directive No. 54, appearing at 51 FR 16842, May 7, 1986.
[Directive No. 54]
Editorial Note: Tax Division, Directive No. 54 was superseded by Tax
Division Directive No. 82, appearing at 55 FR 22901, June 5, 1990.
[Directive No. 55]
Editorial Note: Tax Division, Directive No. 55 was superseded by Tax
Division Directive No. 83, appearing at 55 FR 22902, June 5, 1990.
[Directive No. 83]
By virtue of the authority vested in me by part 0 of title 28 of the
Code of Federal Regulations, particularly sections 0.70, 0.160, 0.162,
0.164, 0.166, and 0.168, it is hereby ordered as follows:
Section 1. The U.S. Attorney for each district in which is located
real property, which is subject to a right of redemption of the United
States in respect of Federal tax liens, arising under section 2410(c) of
title 28 of the United States Code, or under State law when the United
States has been joined as a party to a suit, is authorized to release
the right of redemption, subject to the following limitations and
conditions--
(1) This redelegation of authority relates only to real property on
which is located only one single-family residence, and to all other real
property having a fair market value not exceeding $200,000. That
limitation as to value or use shall not apply in those cases in which
the release is requested by the Department of Veterans Affairs or any
other Federal agency.
(2) The consideration paid for the release must be equal to the
value of the right of redemption, or fifty dollars ($50), whichever is
greater. However, no consideration shall be required for releases issued
to the Department of Veterans Affairs or any other Federal agency.
(3) The following described documents must be placed in the U.S.
Attorney's file in each case in which a release is issued--
(A) Appraisals by two disinterested and well-qualified persons. In
those cases in which the applicant is a Federal agency, the appraisal of
that agency may be substituted for the two appraisals generally
required.
(B) Such other information and documents as the Tax Division may
prescribe.
Section 2. This directive supersedes Tax Division Directive No. 55,
effective May 7, 1986.
Section 3. This directive shall become effective on the date of its
publication in the Federal Register.
[55 FR 22902, June 5, 1990]
[Directive No. 105]
By virtue of the authority vested in me by part 0 of title 28 of the
Code of Federal Regulations, particularly sections 0.70, 0.160, 0.162,
0.164, 0.166, and 0.168, It Is Hereby Ordered As Follows:
Section 1. The Chiefs of the Civil Trial Sections, the Court of
Federal Claims Section, and the Appellate Section are authorized to
reject offers in compromise, regardless of amount, provided that such
action is not opposed by the agency or agencies involved.
Section 2. Subject to the conditions and limitations set forth in
Section 8 hereof, the Chiefs of the Civil Trial Sections and the Court
of Federal Claims Section are authorized to:
(A) Accept offers in compromise in all civil cases, other than:
(i) Cases involving liability under Section 6672 of the Internal
revenue Code; and
(ii) Cases in which judgments in favor of the United States have
been entered, in which the amount of the Government's concession,
exclusive of statutory interest, does not exceed $300,000;
(B) Approve administrative settlements of civil claims against the
United States in all cases, other than cases involving liability under
Section 6672 of the Internal Revenue Code, in which the amount of the
Government's concession, exclusive of statutory interest, does not
exceed $200,000;
(C) Approve concessions (other than by compromise) of civil claims
asserted by the United States in all cases, other than cases involving
liability under Section 6672 of the Internal Revenue Code, in which the
gross amount of the original claim does not exceed $200,000;
(D) In civil cases involving liability under Section 6672 of the
Internal Revenue Code, (i) accept offers in compromise in which the
amount of the Government's concession, exclusive of statutory interest,
does not exceed $500,000; (ii) approve administrative settlements of
claims against the United States in
[[Page 92]]
which the amount of the Government's concession, exclusive of statutory
interest, does not exceed $350,000; and (iii) approve concessions (other
than by compromise) of claims asserted by the United States in which the
gross amount of the original claim does not exceed $350,000;
(E) Accept offers in compromise of judgments in favor of the United
States in all civil cases in which the amount of the Government's
concession, exclusive of statutory interest, does not exceed $500,000;
(F) Accept offers in compromise in injunction or declaratory
judgment suits against the United States in which the principal amount
of the related liability, if any, does not exceed $300,000; and
(G) Accept offers in compromise in all other nonmonetary cases;
provided that such action is not opposed by the agency or agencies
involved, and provided further that the proposed compromise,
administrative settlement, or concession is not subject to reference to
the Joint Committee on Taxation.
Section 3. The Chiefs of the Civil Trial Sections and the Court of
Federal Claims Section are authorized on a case-by-case basis to
redelegate in writing to their respective Assistant Section Chiefs or
Reviewers the authority delegated to them in Section 1 hereof to reject
offers, and in Section 2 hereof,
(A) to accept offers in compromise in which the amount of the
Government's concession, exclusive of statutory interest, does not
exceed $100,000;
(B) to approve administrative settlements of civil claims against
the United States in which the amount of the Government's concession,
exclusive of statutory interest, does not exceed $100,000; and
(C) to approve concessions (other than by compromise) of civil
claims asserted by the United States in which the gross amount of the
original claim does not exceed $100,000;
provided that such redelegation is not made to the attorney-of-record in
the case. The redelegations pursuant to this section shall be by
memorandum signed by the Section Chief, which shall be placed in the
Department of Justice file for the applicable case.
Section 4. Subject to the conditions and limitations set forth in
Section 8 hereof, the Chief of the Appellate Section is authorized to:
(A) Accept offers in compromise with reference to litigating hazards
of the issues on appeal in all civil cases in which the amount of the
Government's concession, exclusive of statutory interest, does not
exceed $300,000;
(B) Accept offers in compromise in declaratory judgment suits
against the United States in which the principal amount of the related
liability, if any, does not exceed $300,000; and
(C) Accept offers in compromise in all other nonmonetary cases which
do not involve issues concerning collectibility;
provided that (i) such acceptance is not opposed by the agency or
agencies involved or the chief of the section in which the case
originated, and (ii) the proposed compromise is not subject to reference
to the Joint Committee on Taxation.
Section 5. Subject to the conditions and limitations set forth in
Section 8 hereof, the Chief of the Office of Review is authorized to:
(A) Accept offers in compromise of claims against the United States
in all civil cases in which the amount of the Government's concession,
exclusive of statutory interest, does not exceed $1,500,000;
(B) Accept offers in compromise of claims on behalf of the United
States in all civil cases in which the difference between the gross
amount of the original claim and the proposed settlement does not exceed
$1,500,000 or 15 percent of the original claim, whichever is greater;
(C) Approve administrative settlements of civil claims against the
United States in all cases in which the amount of the Government's
concession, exclusive of statutory interest, does not exceed $1,000,000;
(D) Approve concessions (other than by compromise) of civil claims
asserted by the United States in all cases in which the gross amount of
the original claim does not exceed $1,000,000;
(E) Accept offers in compromise in all nonmonetary cases; and
(F) Reject offers in compromise or disapprove administrative
settlements or concessions, regardless of amount,
provided that such action is not opposed by the agency or agencies
involved or the chief of the section to which the case is assigned, and
provided further that the proposed compromise, administrative
settlement, or concession is not subject to reference to the Joint
Committee on Taxation.
Section 6. Subject to the conditions and limitations set forth in
Section 8 hereof, each of the Deputy Assistant Attorneys General is
authorized to:
(A) Accept offers in compromise of claims against the United States
in all civil cases in which the amount of the Government's concession,
exclusive of statutory interest, does not exceed $2,000,000;
(B) Accept offers in compromise of claims on behalf of the United
States in all civil cases in which the difference between the gross
amount of the original claim and the proposed settlement does not exceed
$2,000,000 or 15 percent of the original claim, whichever is greater;
(C) Approve administrative settlements of civil claims against the
United States in all
[[Page 93]]
cases in which the amount of the Government's concession does not exceed
$1,500,000, exclusive of statutory interest;
(D) Approve concessions (other than by compromise) of civil claims
asserted by the United States in all cases in which the gross amount of
the original claim does not exceed $1,500,000;
(E) Accept offers in compromise in all nonmonetary cases; and
(F) Reject offers in compromise or disapprove administrative
settlements or concessions, regardless of amount,
provided that such action is not opposed by the agency or agencies
involved and the proposed compromise, administrative settlement, or
concession is not subject to reference to the Joint Committee on
Taxation.
Section 7. Subject to the conditions and limitations set forth in
Section 8 hereof, United States Attorneys are authorized to:
(A) Reject offers in compromise of judgments in favor of the United
States, regardless of amount;
(B) Accept offers in compromise of judgments in favor of the United
States where the amount of the judgment does not exceed $300,000; and
(C) Terminate collection activity by his or her office as to
judgments in favor of the United States which do not exceed $300,000 if
the United States Attorney concludes that the judgment is uncollectible;
provided that such action has the concurrence in writing of the agency
or agencies involved, and provided further that this authorization
extends only to judgments which have been formally referred to the
United States Attorney for collection.
Section 8. The authority redelegated herein shall be subject to the
following conditions and limitations:
(A) When, for any reason, the compromise, administrative settlement,
or concession of a particular claim, as a practical matter, will control
or adversely influence the disposition of other claims totalling more
than the respective amounts designated in Sections 2, 3, 4, 5, 6, and 7
hereof, the case shall be forwarded for review at the appropriate level
for the cumulative amount of the affected claims;
(B) When, because of the importance of a question of law or policy
presented, the position taken by the agency or agencies or by the United
States Attorney involved, or any other considerations, the person
otherwise authorized herein to take final action is of the opinion that
the proposed disposition should be reviewed at a higher level, the case
shall be forwarded for such review;
(C) If the Department has previously submitted a case to the Joint
Committee on Taxation leaving one or more issues unresolved, any
subsequent compromise, administrative settlement, or concession in that
case must be submitted to the Joint Committee, whether or not the
overpayment exceeds the amount specified in Section 6405 of the Internal
Revenue Code;
(D) Nothing in this Directive shall be construed as altering any
provision of subpart Y of part O of title 28 of the Code of Federal
Regulations requiring the submission of certain cases to the Attorney
General, the Associate Attorney General, or the Solicitor General.
(E) Authority to approve recommendations that the Government confess
error or make administrative settlements in cases on appeal is excepted
from the foregoing redelegations; and
(F) The Assistant Attorney General, at any time, may withdraw any
authority delegated by this Directive as it relates to any particular
case or category of cases, or to any part thereof.
Section 9. This Directive supersedes Tax Division Directive No. 95,
effective February 21, 1992.
Section 10. This Directive is effective on June 14, 1995.
[60 FR 31244, June 14, 1995]
Attorney General Order No. 1147-86
By virtue of the authority vested in the Attorney General by 18
U.S.C. 2254, the Attorney General hereby designates the Postal Service
with the authority to conduct civil forfeitures under section 2254 of
the Protection of Childern Against Sexual Exploitation Act, as amended
by the Child Protection of 1984, 18 U.S.C. 2251-2255.
In utilizing the authority hereby granted, all rules, regulations,
and procedures of the Federal Bureau of Investigation relating to the
aforementioned Act must be followed, including the Federal Bureau of
Investigation's Manual of Investigative Operations and Guidelines.
The authority hereby granted to enforce section 2254 of the
Protection of Children Against Sexual Exploitation Act, as amended by
the Child Protection Act of 1984, is subject to the direction of the
Attorney General.
[Order No. 1148-86, 51 FR 31940, Sept. 8, 1986]