28 Judicial Administration 2 2006-07-01 2006-07-01 false INVESTIGATION OF DISCRIMINATION IN THE SUPPLY OF PETROLEUM TO THE ARMED FORCES 57 PART 57 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) Pt. 57 PART 57—INVESTIGATION OF DISCRIMINATION IN THESUPPLY OF PETROLEUM TO THE ARMED FORCES Sec. 57.1 Responsibility for the conduct of litigation. 57.2 Responsibility for the conduct of investigations. 57.3 Scope and purpose of investigation; other sources ofinformation. 57.4 Expiration date. Authority:

Sec. 816(b)(2), Pub. L. 94-106; 89 Stat. 531.

 Source:

Order No. 644-76, 41 FR 12302, Mar. 25, 1976,unless otherwise noted.

§ 57.1 Responsibility for the conduct of litigation.

(a) In accord with 28 CFR 0.45(h), civil litigation under sec. 816 of theDepartment of Defense Appropriation Authorization Act, 1976, 10 U.S.C.A. 2304note (hereafter the “Act”), shall be conducted under the supervisionof the Assistant Attorney General in charge of the Civil Division.

(b) In accord with 28 CFR 0.55(a), prosecution, under section 816(f) of theAct, of criminal violations shall be conducted under the supervision of theAssistant Attorney General in charge of the Criminal Division.

§ 57.2 Responsibility for the conduct of investigations.

(a) When an instance of alleged “discrimination” in violation ofsection 816(b)(1) of the Act is referred to the Department of Justice by theDepartment of Defense, the matter shall be assigned initially to the CivilDivision.

(b)(1) If the information provided by the Department of Defense indicatesthat a non-criminal violation may have occurred and further investigation iswarranted, such investigation shall be conducted under the supervision of theAssistant Attorney General in charge of the Civil Division.

(2) If the information provided by the Department of Defense indicates that acriminal violation under section 816(f) of the Act may have occurred, the CivilDivision shall refer the matter to the Criminal Division. If it is determinedthat further investigation of a possible criminal violation is warranted, such investigation shall be conducted under the supervision of the Assistant AttorneyGeneral in charge of the Criminal Division.

(3) If a referral from the Department of Defense is such that both civil andcriminal proceedings may be warranted, responsibility for any furtherinvestigation may be determined by the Deputy Attorney General.

§ 57.3 Scope and purpose of investigation; other sources of information.

(a) The authority granted the Attorney General by section 816(d)(1) of theAct (e.g., authority to inspect books and records) shall not be utilized untilan appropriate official has defined, in an appropriate internal memorandum, thescope and purpose of the particular investigation.

(b) There shall be no use, with respect to particular information, of theauthority granted by section 816(d)(1) of the Act until an appropriate officialhas determined that the information in question is not available to theDepartment of Justice from any other Federal agency or other responsible agency(e.g., a State agency).

(c) For purposes of this section, “appropriate official” meansthe Assistant Attorney General in charge of the division conducting theinvestigation, or his delegate.

§ 57.4 Expiration date.

This part shall remain in effect until expiration, pursuant to section 816(h)of the Act, of the Attorney General's authority under section 816 of the Act.