[Title 28 CFR I]
[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 I - Civil Division]
[From the U.S. Government Printing Office]
28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseCivil DivisionISubpart IJUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICEORGANIZATION OF THE DEPARTMENT OF JUSTICE
Subpart I--Civil Division
Cross Reference: For regulations pertaining to the Civil Division,
see part 15 of this chapter.
Sec. 0.45 General functions.
The following-described matters are assigned to, and shall be
conducted, handled, or supervised by, the Assistant Attorney General,
(a) Admiralty and shipping cases--civil and admiralty litigation in
any court by or against the United States, its officers and agents,
which involves ships or shipping (except suits to enjoin final orders of
the Federal Maritime Commission under the Shipping Act of 1916 and under
the Intercoastal Shipping Act assigned to the Antitrust Division by
subpart H of this part), defense of regulatory orders of the Maritime
Administration affecting navigable waters or shipping thereon (except as
assigned to the Land and Natural Resources Division by Sec. 0.65(a)),
workmen's compensation, and litigation and waiver of claims under
reciprocal-aid maritime agreements with foreign governments.
(b) Court of claims cases--litigation by and against the United
States in the Court of Claims, except cases assigned to the Land and
Natural Resources Division and the Tax Division by subparts M and N of
this part, respectively.
(c) International trade--all litigation before the Court of
International Trade, including suits instituted pursuant to 28 U.S.C.
1581(i) and suits by the United States to recover customs duties, to
recover upon a bond relating to the importation of merchandise required
by the laws of the United States or by the Secretary of the Treasury and
to recover a civil penalty under sections 592, 704(i)(2), or 734(i)(2)
of the Tariff Act of 1930, and the presentation of appeals in the Court
of International Trade.
(d) Fraud cases--civil claims arising from fraud on the Government
(other than antitrust, land and tax frauds), including alleged claims
under the False Claims Act, the Program Fraud Civil Remedies Act of
1986, the Surplus Property Act of 1944, the Anti-Kickback Act, the
Contract Settlement Act of 1944, the Contract Disputes Act of 1978, 19
U.S.C. 1592 and common law fraud.
(e) Gifts and bequests--handling matters arising out of devises and
bequests and inter vivos gifts to the United States, except
determinations as to the validity of title to any lands involved and
litigation pertaining to such determinations.
(f) Patent and allied cases and other patent matters--patent,
copyright, and trademark litigation before the U.S. courts and the
Patent Office, including patent and copyright infringement suits in the
Court of Claims (28 U.S.C. 1498), suits for compensation under the
Patent Secrecy Act where the invention was ordered to be kept secret in
the interest of national defense (35
U.S.C. 183), suits for compensation for unauthorized practice of a
patented invention in the furnishing of assistance under the Foreign
Assistance Act (22 U.S.C. 2356), suits for compensation for the
unauthorized communication of restricted data by the Atomic Energy
Commission to other nations (42 U.S.C. 2223), interference proceedings
(35 U.S.C. 135, 141, 142, 146), defense of the Register of Copyrights in
his administrative acts, suits for specific performance to acquire title
to patents, and civil patent-fraud cases.
(g) Tort cases--defense of tort suits against the United States
arising under the Federal Tort Claims Act and special acts of Congress;
similar litigation against cost-plus Government contractors and Federal
employees whose official conduct is involved (except actions against
Government contractors and Federal employees which are assigned to the
Land and Natural Resources Division by Sec. 0.65(a); prosecution of tort
claims for damage to Government property, and actions for the recovery
of medical expenses under Public Law 87-693 and part 43 of this title.
(h) General civil matters--litigation by and against the United
States, its agencies, and officers in all courts and administrative
tribunals to enforce Government rights, functions, and monetary claims
(except defense of injunctive proceedings assigned to the Antitrust
Division by subpart H of this part, civil proceedings seeking
exclusively equitable relief assigned to the Criminal Division by
Secs. 0.55(i) and 0.61(d), and proceedings involving judgments, fines,
penalties, and forfeitures assigned to other divisions by Sec. 0.171),
and to defend challenged actions of Government agencies and officers,
not otherwise assigned, including, but not limited to, civil penalties
and forfeitures, actions in the Court of Claims under the Renegotiation
Act, claims against private persons or organizations for which the
Government is, or may ultimately be, liable, except as provided in
Sec. 0.70(c)(2), defense of actions arising under section 2410 of title
28 of the U.S. Code whenever the United States is named as a party as
the result of the existence of a Federal lien against property, defense
of actions for the recovery of U.S. Government Life Insurance and
National Service Life Insurance (38 U.S.C. 784), enforcement of
reemployment rights in private industry pursuant to the Military
Selective Service Act of 1967 (50 U.S.C., App. 459); reparations suits
brought by the United States as a shipper under the Interstate Commerce
Act; civil actions by the United States for penalties for violations of
car service orders (49 U.S.C. 1(17a)); actions restraining violations of
part II of the Interstate Commerce Act (49 U.S.C. 322(b) and 322(h);
civil actions under part I of the Interstate Commerce Act (49 U.S.C.
6(10) and 16(9)); injunctions against violations of Interstate Commerce
Commission orders (49 U.S.C. 16(12)); mandamus to compel the furnishing
of information to the Interstate Commerce Commission (49 U.S.C. 19a(1)
and 20(9)); recovery of rebates under the Elkins Act (49 U.S.C. 41(3));
compelling the appearance of witnesses before the Interstate Commerce
Commission and enforcement of subpenas and punishment for contempt (49
U.S.C. 12(3)); suits to enforce final orders of the Secretary of
Agriculture under the Perishable Agricultural Commodities Act (7 U.S.C.
499g), and the Packers and Stockyards Act (7 U.S.C. 216); suits to set
aside orders of State regulatory agencies (49 U.S.C. 13(4)); and civil
matters, except those required to be handled by the Board of Parole,
under section 504(a) of the Labor-Management Reporting and Disclosure
Act of 1959 (29 U.S.C. 504(a)).
(i) Appeals under section 8(b)(1)(B) of the Contract Disputes Act of
1978--the grant and/or legal denial of prior approval of the Attorney
General as described in section 8(g)(1)(B) of the Contract Disputes Act
of 1978. The Assistant Attorney General is authorized to redelegate, to
the extent and subject to such limitations as may be deemed advisable,
to subordinate division officials the responsibilities covered by this
subsection and delineated in section 8(g)(1)(B) of the Contract Disputes
Act of 1978.
(j) Consumer litigation--All civil and criminal litigation and grand
jury proceedings arising under the Federal Food, Drug and Cosmetic Act
(21 U.S.C. 301 et seq.), the Federal Hazardous Substances Act (15 U.S.C.
1261 et seq.), the
Fair Packaging and Labeling Act (15 U.S.C. 1451 et seq.), the Automobile
Information Disclosure Act (15 U.S.C. 1231 et seq.), the odometer
requirements section and the fuel economy labeling section of the Motor
Vehicle Information and Cost Savings Act (15 U.S.C. 1981 et seq.), the
Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331 et seq.),
the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471 et seq.),
the Federal Caustic Poison Act (15 U.S.C. 401 note), the Consumer Credit
Protection Act (15 U.S.C. 1611, 1681q and 1681r), the Wool Products
Labeling Act of 1939 (15 U.S.C. 68), the Fur Products Labeling Act (15
U.S.C. 69), the Textile Fiber Products Identification Act (15 U.S.C. 70
et seq.), the Consumer Product Safety Act (15 U.S.C. 2051 et seq.), the
Flammable Fabrics Act (15 U.S.C. 1191 et seq.), the Refrigerator Safety
Device Act (15 U.S.C. 1211 et seq.), title I of the Magnuson-Moss
Warranty--Federal Trade Commission Improvement Act (15 U.S.C. 2301 et
seq.), the Federal Trade Commission Act (15 U.S.C. 41 et seq.), and
section 11(1) of the Clayton Act (15 U.S.C. 21(1)) relating to
violations of orders issued by the Federal Trade Commission. Upon
appropriate certification by the Federal Trade Commission, the
institution of criminal proceedings, under the Federal Trade Commission
Act (15 U.S.C. 56(b)), the determination whether the Attorney General
will commence, defend or intervene in civil proceedings under the
Federal Trade Commission Act (15 U.S.C. 56(a)), and the determination
under the Consumer Product Safety Act (15 U.S.C. 2076(b)(7)), whether
the Attorney General will initiate, prosecute, defend or appeal an
action relating to the Consumer Product Safety Commission.
(k) All civil litigation arising under the passport, visa and
immigration and nationality laws and related investigations and other
appropriate inquiries pursuant to all the power and authority of the
Attorney General to enforce the Immigration and Nationality Act and all
other laws relating to the immigration and naturalization of aliens
except all civil litigation, investigations, and advice with respect to
forfeitures, return of property actions, Nazi war criminals identified
in 8 U.S.C. 1182(a)(33), 1251(a)(19) and civil actions seeking
exclusively equitable relief which relate to national security within
the jurisdiction of the Criminal Division under Sec. 0.55 (d), (f), (i)
and Sec. 0.61(d).
(l) Civil penalties for drug possession--the authority and
responsibilities of the Attorney General under section 6486 of the Anti-
Drug Abuse Act of 1988 (21 U.S.C. 844a) and the regulations implementing
that Act (28 CFR part 76). Such authority and responsibilities may be
redelegated by the Assistant Attorney General to subordinate division
officials to the extent and subject to limitations deemed advisable.
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order 445-
70, 35 FR 19397, Dec. 23, 1970; Order 673-76, 41 FR 54176, Dec. 13,
1976; Order 699-77, 42 FR 15315, Mar. 21, 1977; Order 838-79, 44 FR
40498, July 11, 1979; Order 960-81, 46 FR 52345, Oct. 27, 1981; Order
1002-83, 1003-83, 48 FR 9522, 9523, Mar. 7, 1983; Order 1268-88, 53 FR
11646, Apr. 8, 1988; Order No. 1544-91, 56 FR 56578, Nov. 6, 1991]
Sec. 0.46 Certain civil litigation and foreign criminal proceedings.
The Assistant Attorney General in charge of the Civil Division
shall, in addition to litigation coming within the scope of Sec. 0.45,
direct all other civil litigation including claims by or against the
United States, its agencies or officers, in domestic or foreign courts,
special proceedings, and similar civil matters not otherwise assigned,
and shall employ foreign counsel to represent before foreign criminal
courts, commissions or administrative agencies officials of the
Department of Justice and all other law enforcement officers of the
United States who are charged with violations of foreign law as a result
of acts which they performed in the course and scope of their Government
[Order No. 441-70, 35 FR 16318, Oct. 17, 1970]
Sec. 0.47 Alien property matters.
The Office of Alien Property shall be a part of the Civil Division:
(a) The following described matters are assigned to, and shall be
conducted, handled, or supervised by the Assistant Attorney General in
charge of the Civil Division, who shall also be the Director of the
Office of Alien Property:
(1) Exercising or performing all the authority, rights, privileges,
powers, duties, and functions delegated to or vested in the Attorney
General under the Trading with the Enemy Act, as amended, title II of
the International Claims Settlement Act of 1949, as amended, the act of
September 28, 1950, 64 Stat. 1079 (50 U.S.C. App. 40), the Philippine
Property Act of 1946, as amended, and the Executive orders relating to
such acts, including, but not limited to, vesting, supervising,
controlling, administering, liquidating, selling, paying debt claims out
of, returning, and settling of intercustodial disputes relating to,
property subject to one or more of such acts.
(2) Conducting and directing all civil litigation with respect to
the Trading with the Enemy Act, title II of the International Claims
Settlement Act, the Foreign Funds Control Program and the Foreign Assets
(3) Designating within the Office of Alien Property a certifying
officer, and an alternate, to certify copies of documents issued by the
Director, or his designee, which are required to be filed with the
Office of the Federal Register.
(b) The Director of the Office of Alien Property shall act for and
on behalf of the Attorney General.
(c) All the authority, rights, privileges, powers, duties, and
functions of the Director of the Office of Alien Property may be
exercised or performed by any agencies, instrumentalities, agents,
delegates, or other personnel designated by him.
(d) Existing delegations by the Assistant Attorney General,
Director, Office of Alien Property, or the Director, Office of Alien
Property, shall continue in force and effect until modified or revoked.
(e) The Assistant Attorney General in charge of the Civil Division
is authorized to administer and give effect to the provisions of the
agreement entitled ``Agreement Between the United States of America and
the Republic of Austria Regarding the Return of Austrian Property,
Rights and Interests,'' which was concluded on January 30, 1959, and was
ratified by the Senate of the United States on February 25, 1964.
Sec. 0.48 International trade litigation.
The Attorney-in-Charge, International Trade Field Office, at 26
Federal Plaza, New York, New York 10007, in the Office of the Assistant
Attorney General, Civil Division, is designated to accept service of
notices of appeals to the Court of Customs and Patent Appeals and all
other papers filed in the Court of International Trade, when the United
States is an adverse party. (28 U.S.C. 2633(c); 28 U.S.C. 2601(b)).
[Order No. 960-81, 46 FR 52345, Oct. 27, 1981]
Sec. 0.49 International judicial assistance.
The Assistant Attorney General in charge of the Civil Division shall
direct and supervise the following functions:
(a) The functions of the ``Central Authority'' under the Convention
between the United States and other Governments on the Taking of
Evidence Abroad in Civil and Commercial Matters, TIAS 7444, which
entered into force on October 7, 1972.
(b) The functions of the ``Central Authority'' under the Convention
between the United States and other Governments on the Service Abroad of
Judicial and Extrajudicial Documents, TIAS 6638, which entered into
force on February 10, 1969.
(c) To receive letters of requests issued by foreign and
international judicial authorities which are referred to the Department
of Justice through diplomatic or other governmental channels, and to
transmit them to the appropriate courts or officers in the United States
(d) To receive and transmit through proper channels letters of
request addressed by courts in the United States to foreign tribunals in
connection with litigation to which the United States is a party.
[Order No. 555-73, 38 FR 32805, Nov. 28, 1973]