[Title 28 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2015 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 28
Judicial Administration
________________________
Parts 0 to 42
Revised as of July 1, 2015
Containing a codification of documents of general
applicability and future effect
As of July 1, 2015
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 28:
Chapter I--Department of Justice 3
Finding Aids:
Table of CFR Titles and Chapters........................ 1149
Alphabetical List of Agencies Appearing in the CFR...... 1169
List of CFR Sections Affected........................... 1179
[[Page iv]]
----------------------------
Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 28 CFR 0.1 refers to
title 28, part 0, section
1.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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To determine whether a Code volume has been amended since its
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EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
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OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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PAST PROVISIONS OF THE CODE
Provisions of the Code that are no longer in force and effect as of
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the Code prior to the LSA listings at the end of the volume, consult
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for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.
``[RESERVED]'' TERMINOLOGY
The term ``[Reserved]'' is used as a place holder within the Code of
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INCORPORATION BY REFERENCE
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This material, like any other properly issued regulation, has the force
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What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
What if the material incorporated by reference cannot be found? If
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CFR INDEXES AND TABULAR GUIDES
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alphabetical list of agencies publishing in the CFR are also included in
this volume.
[[Page vii]]
An index to the text of ``Title 3--The President'' is carried within
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John Hyrum Martinez,
Acting Director,
Office of the Federal Register.
July 1, 2015.
[[Page ix]]
THIS TITLE
Title 28--Judicial Administration is composed of two volumes. The
parts in these volumes are arranged in the following order: Parts 0-42
and part 43 to end. The contents of these volumes represent all current
regulations codified by the Department of Justice, the Federal Prison
Industries, Inc., the Bureau of Prisons, Department of Justice, the
Offices of Independent Counsel, Department of Justice, and the Office of
Independent Counsel under this title of the CFR as of July 1, 2015.
For this volume, Bonnie Fritts was Chief Editor. The Code of Federal
Regulations publication program is under the direction of John Hyrum
Martinez, assisted by Stephen J. Frattini.
[[Page 1]]
TITLE 28--JUDICIAL ADMINISTRATION
(This book contains parts 0 to 42)
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Part
chapter i--Department of Justice............................ 0
[[Page 3]]
CHAPTER I--DEPARTMENT OF JUSTICE
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Part Page
0 Organization of the Department of Justice... 5
1 Executive clemency.......................... 101
2 Parole, release, supervision and
recommitment of prisoners, youth
offenders, and juvenile delinquents..... 104
3 Gambling devices............................ 210
4 Procedure governing applications for
certificates of exemption under the
Labor-Management Reporting and
Disclosure Act of 1959, and the Employee
Retirement Income Security Act of 1974.. 210
5 Administration and enforcement of Foreign
Agents Registration Act of 1938, as
amended................................. 215
6 Traffic in contraband articles in Federal
penal and correctional institutions..... 225
7 Rewards for capture of escaped Federal
prisoners............................... 226
8 Forfeiture authority for certain statutes... 226
9 Regulations governing the remission or
mitigation of administrative, civil, and
criminal forfeitures.................... 238
10 Registration of certain organizations
carrying on activities within the United
States.................................. 250
11 Debt collection............................. 251
12 Registration of certain persons having
knowledge of foreign espionage,
counterespionage, or sabotage matters
under the Act of August 1, 1956......... 263
13 Atomic weapons and special nuclear materials
rewards regulations..................... 266
14 Administrative claims under Federal Tort
Claims Act.............................. 268
15 Certification and decertification in
connection with certain suits based upon
acts or omissions of Federal employees
and other persons....................... 275
16 Production or disclosure of material or
information............................. 277
17 Classified National Security Information and
access to classified information........ 406
18 Office of Justice Programs hearing and
appeal procedures....................... 422
[[Page 4]]
19 Use of penalty mail in the location and
recovery of missing children............ 427
20 Criminal justice information systems........ 430
21 Witness fees................................ 443
22 Confidentiality of identifiable research and
statistical information................. 448
23 Criminal intelligence systems operating
policies................................ 452
24 Implementation of the Equal Access to
Justice Act in Department of Justice
administrative proceedings.............. 456
25 Department of Justice information systems... 461
26 Death sentences procedures.................. 475
27 Whistleblower protection for Federal Bureau
of Investigation employees.............. 479
28 DNA identification system................... 482
29 Motor Vehicle Theft Prevention Act
regulations............................. 489
30 Intergovernmental review of Department of
Justice programs and activities......... 491
31 OJJDP grant programs........................ 495
32 Public safety officers' death, disability,
and educational assistance benefit
claims.................................. 516
33 Bureau of Justice Assistance grant programs. 544
34 OJJDP competition and peer review procedures 560
35 Nondiscrimination on the basis of disability
in State and local government services.. 565
36 Nondiscrimination on the basis of disability
by public accommodations and in
commercial facilities................... 705
37 Procedures for coordinating the
investigation of complaints or charges
of employment discrimination based on
disability subject to the Americans with
Disabilities Act and section 504 of the
Rehabilitation Act of 1973.............. 1046
38 Equal treatment for faith-based
organizations........................... 1052
39 Enforcement of nondiscrimination on the
basis of handicap in programs or
activities conducted by the Department
of Justice.............................. 1056
40 Standards for inmate grievance procedures... 1078
41 Implementation of Executive Order 12250,
nondiscrimination on the basis of
handicap in federally assisted programs. 1084
42 Nondiscrimination; equal employment
opportunity; policies and procedures.... 1091
Supplementary Publications: The official opinions of the Attorneys
General of the United States. (Op. A. G.) Irregular, 1789--;
Washington, v. 1--, 1852--.
[[Page 5]]
PART 0_ORGANIZATION OF THE DEPARTMENT OF JUSTICE--Table of Contents
Subpart A_Organizational Structure of the Department of Justice
Sec.
0.1 Organizational units.
Subpart B_Office of the Attorney General
0.5 Attorney General.
0.10 Attorney General's Advisory Committee of U.S. Attorneys.
0.11 Incentive Awards Board.
0.12 Young American Medals Committee.
0.13 Legal proceedings.
Subpart C_Office of the Deputy Attorney General
0.15 Deputy Attorney General.
0.17 Office of Investigative Agency Policies.
0.18a Office of Small and Disadvantaged Business Utilization.
Subpart C 1_Office of the Associate Attorney General
0.19 Associate Attorney General.
Subpart D_Office of the Solicitor General
0.20 General functions.
0.21 Authorizing intervention by the Government in certain cases.
Subpart D 1_Executive Office for U.S. Attorneys
0.22 General functions.
Subpart D 2_Office of Legal Policy
0.23 General functions.
0.23a [Reserved]
0.23b Office of Asylum Policy and Review.
Subpart D 3_Office of Information Policy
0.24 General functions.
Subpart E_Office of Legal Counsel
0.25 General functions.
Subpart E 1_Office of International Programs
0.26 Organization.
Subpart E 2_Office of Legislative and Intergovernmental Affairs
0.27 General functions.
Subpart E 3_Office of Public Affairs
0.28 General functions.
Subpart E 4_Office of the Inspector General
0.29 Organization.
0.29a General functions.
0.29b Reporting allegations of waste, fraud, or abuse.
0.29c Reporting allegations of employee misconduct.
0.29d Whistleblower protection for FBI employees.
0.29e Relationship to other departmental units.
0.29f Confidentiality.
0.29g Reprisals.
0.29h Specific authorities of the Inspector General.
0.29i Audit, inspection, and review authority.
0.29j Law enforcement authority.
Subpart F_Community Relations Service
0.30 General functions.
0.31 Designating officials to perform the functions of the Director.
0.32 Applicability of existing departmental regulations.
Subpart F-1 [Reserved]
Subpart F 2_INTERPOL-United States National Central Bureau
0.34 General functions.
Subpart G_Office of the Pardon Attorney
0.35 General functions; delegation of authority.
0.36 Recommendations.
Subpart G 1_Executive Office for United States Trustees
0.37 Organization.
0.38 Functions.
Subpart G 2_Office of Professional Responsibility
0.39 Office of Professional Responsibility.
0.39a Functions.
0.39b Confidentiality of information.
0.39c Relationship to other departmental units.
Subpart H_Antitrust Division
0.40 General functions.
0.41 Special functions.
Appendix to Subpart H of Part 0--Delegation of Authority Respecting
Denials
[[Page 6]]
of Freedom of Information and Privacy Act Requests
Subpart I_Civil Division
0.45 General functions.
0.46 Certain civil litigation and foreign criminal proceedings.
0.47 Alien property matters.
0.48 International trade litigation.
0.49 International judicial assistance.
Subpart J_Civil Rights Division
0.50 General functions.
0.51 Leadership and coordination of nondiscrimination laws.
0.52 Certifications under 18 U.S.C. 3503.
0.53 Office of Special Counsel for Immigration Related Unfair Employment
Practices.
Appendix to Subpart J of Part 0
Subpart K_Criminal Division
0.55 General functions.
0.56 Exclusive or concurrent jurisdiction.
0.57 Criminal prosecutions against juveniles.
0.58 Delegation respecting payment of benefits for disability or death
of law enforcement officers not employed by the United States.
0.59 Certain certifications under 18 U.S.C. 3331 and 3503.
0.61-0.62 [Reserved]
0.63 Delegation respecting admission and naturalization of certain
aliens.
0.64 [Reserved]
0.64-1 Central or Competent Authority under treaties and executive
agreements on mutual assistance in criminal matters.
0.64-2 Delegation respecting transfer of offenders to or from foreign
countries.
0.64-3 Delegation respecting designation of certain Department of
Agriculture employees (Tick Inspectors) to carry and use
firearms.
0.64-4 Delegation respecting temporary transfers, in custody, of certain
prisoner-witnesses from a foreign country to the United States
to testify in Federal or State criminal proceedings.
0.64-5 Policy with regard to bringing charges under the Economic
Espionage Act of 1996, Pub. L. 104-294, effective October 11,
1996.
Appendix to Subpart K of Part 0
Subpart L_Environment and Natural Resources Division
0.65 General functions.
0.65a Litigation involving Environmental Protection Agency.
0.66 Delegation respecting title opinions.
0.67 Delegation respecting conveyances for public-airport purposes.
0.68 Delegation respecting mineral leasing.
0.69 Delegation of authority to make determinations and grants.
0.69a Delegation respecting approval of conveyances.
0.69b Delegation of authority respecting conveyances for public
airports.
0.69c Litigation involving the Resource Conservation and Recovery Act.
Subpart M_Tax Division
0.70 General functions.
0.71 Delegation respecting immunity matters.
Subpart N_National Security Division
0.72 National Security Division.
Subpart O_Justice Management Division
0.75 Policy functions.
0.76 Specific functions.
0.77 Operational functions.
0.78 Implementation of financial disclosure requirements.
0.79 Redelegation of authority.
Subpart P_Federal Bureau of Investigation
0.85 General functions.
0.85a Criminal justice policy coordination.
0.86 Seizure of gambling devices.
0.87 Representation on committee for visit-exchange.
0.88 Certificates for expenses of unforeseen emergencies.
0.89 Authority to seize arms and munitions of war.
0.89a Delegations respecting claims against the FBI.
Subpart P 1_Office of Justice Programs and Related Agencies
0.90 Office of Justice Programs.
0.91 Office for Victims of Crime.
0.92 National Institute of Justice.
0.93 Bureau of Justice Statistics.
0.94 Office of Juvenile Justice and Delinquency Prevention.
0.94-1 Bureau of Justice Assistance.
Subpart Q_Bureau of Prisons
0.95 General functions.
0.96 Delegations.
0.96a Interstate Agreement on Detainers.
0.96b Exchange of prisoners.
0.96c Cost of incarceration.
0.97 Redelegation of authority.
0.98 Functions of Commissioner of Federal Prison Industries.
0.99 Compensation to Federal prisoners.
[[Page 7]]
Appendix to Subpart Q of Part 0--Confinement of Persons in District of
Columbia Correctional Institutions
Subpart R_Drug Enforcement Administration
0.100 General functions.
0.101 Specific functions.
0.102 Drug enforcement policy coordination.
0.103 Release of information.
0.103a Delegations respecting claims against the Drug Enforcement
Administration.
0.104 Redelegation of authority.
Appendix to Subpart R of Part 0--Redelegation of Functions
Subpart S_Immigration and Naturalization Service
0.105 General functions.
0.106 Certificates for expenses of unforeseen emergencies.
0.107 Representation on committee for visit-exchange.
0.108 Redelegation of authority.
0.109 Implementation of the Treaty of Friendship and General Relations
Between the United States and Spain.
0.110 Implementation of the Convention Between the United States and
Greece.
Subpart T_United States Marshals Service
0.111 General functions.
0.111a Temporary prisoner-witness transfers.
0.111B Witness Security Program.
0.112 Special deputation.
0.113 Redelegation of authority.
0.114 Fees for services.
Subpart U_Executive Office for Immigration Review
0.115 General functions.
0.116 Board of Immigration Appeals.
0.117 Office of Chief Immigration Judge.
0.118 Office of Chief Administrative Hearing Officer.
Subpart U 1_Office of Community Oriented Policing Services
0.119 Organization.
0.120 General functions.
0.121 Applicability of existing departmental regulations.
Subpart U 2_Office on Violence Against Women
0.122 Office on Violence Against Women.
Subpart U 3_Office of the Federal Detention Trustee
0.123 Federal Detention Trustee.
Subpart V_United States Parole Commission
0.124 United States Parole Commission.
0.125 Chairman of U.S. Parole Commission.
0.126 Administrative support.
0.127 Indigent prisoners.
Subpart V 1_Foreign Claims Settlement Commission
0.128 Organization.
0.128a General functions.
0.128b Regulations.
Subpart V 2_Professional Responsibility Advisory Office
0.129 Professional Responsibility Advisory Office.
Subpart W_Bureau of Alcohol, Tobacco, Firearms, and Explosives
0.130 General functions.
0.131 Specific functions.
0.132 Delegation respecting claims against the Bureau of Alcohol,
Tobacco, Firearms, and Explosives.
0.133 Transition and continuity of regulations.
Subpart W 1_Office of Tribal Justice
0.134 Office of Tribal Justice.
Subpart W 2_Additional Assignments of Functions and Designation of
Officials To Perform the Duties of Certain Offices in Case of Vacancy,
or Absence Therein or in Case of Inability or Disqualification to Act
0.135 Functions common to heads of organizational units.
0.136 Designation of Acting United States Attorneys.
0.137 Designating officials to perform the functions and duties of
certain offices in case of absence, disability or vacancy.
Subpart X_Authorizations With Respect to Personnel and Certain
Administrative Matters
0.138 Federal Bureau of Investigation, Drug Enforcement Administration,
Bureau of Alcohol, Tobacco, Firearms, and Explosives, Bureau
of Prisons, Federal Prison Industries, Immigration and
Naturalization Service, United States Marshals
[[Page 8]]
Service, Office of Justice Programs, Executive Office for
Immigration Review, Executive Office for United States
Attorneys, Executive Office for United States Trustees.
0.139 [Reserved]
0.140 Authority relating to advertisements, and purchase of certain
supplies and services.
0.141 Audit and ledger accounts.
0.142 Per diem and travel allowances.
0.143 Incentive Award Program.
0.144 Determination of basic workweek.
0.145 Overtime pay.
0.146 Seals.
0.147 Certification of obligations.
0.148 Certifying officers.
0.149 Cash payments.
0.150 Collection of erroneous payments.
0.151 Administering oath of office.
0.152 Approval of funds for attendance at meetings.
0.153 Selection and assignment of employees for training.
0.154 Advance and evacuation payments and special allowances.
0.155 Waiver of claims for erroneous payments of pay and allowances.
0.156 Execution of U.S. Marshals' deeds or transfers of title.
0.157 Federal Bureau of Investigation--Drug Enforcement Administration
Senior Executive Service.
0.158 [Reserved]
0.159 Redelegation of authority.
Subpart Y_Authority to Compromise and Close Civil Claims and
Responsibility for Judgments, Fines, Penalties, and Forfeitures
0.160 Offers that may be accepted by Assistant Attorneys General.
0.161 Acceptance of certain offers by the Deputy Attorney General or
Associate Attorney General, as appropriate.
0.162 Offers which may be rejected by Assistant Attorneys General.
0.163 Approval by Solicitor General of action on compromise offers in
certain cases.
0.164 Civil claims that may be closed by Assistant Attorneys General.
0.165 Recommendations to the Deputy Attorney General or Associate
Attorney General, as appropriate, that certain claims be
closed.
0.166 Memorandum pertaining to closed claim.
0.167 Submission to Associate Attorney General by Director of Office of
Alien Property of certain proposed allowances and
disallowances.
0.168 Redelegation by Assistant Attorneys General.
0.169 Definition of ``gross amount of the original claim''.
0.170 Interest on monetary limits.
0.171 Judgments, fines, penalties, and forfeitures.
0.172 Authority: Federal tort claims.
Appendix to Subpart Y of Part 0--Redelegations of Authority To
Compromise and Close Civil Claims
Subpart Z_Assigning Responsibility Concerning Applications for Orders
Compelling Testimony or Production of Evidence by Witnesses
0.175 Judicial and administrative proceedings.
0.176 Congressional proceedings.
0.177 Applications for orders under the Comprehensive Drug Abuse
Prevention and Control Act.
0.177a Antitrust civil investigative demands.
0.178 Redelegation of authority.
Subpart Z 1_Prosecutions for Obstruction of Justice and Related Charges
0.179 Scope.
0.179a Enforcement responsibilities.
Subpart AA_Orders of the Attorney General
0.180 Documents designated as orders.
0.181 Requirements for orders.
0.182 Submission of proposed orders to the Office of Legal Counsel.
0.183 Distribution of orders.
Subpart BB_Sections and Subunits
0.190 Changes within organizational units.
0.191 Changes which affect the overall structure of the Department.
Subpart CC_Jurisdictional Disagreements
0.195 Procedure with respect to jurisdictional disagreements.
0.196 Procedures for resolving disagreements concerning mail or case
assignments.
0.197 Agreements, in connection with criminal proceedings or
investigations, promising non-deportation or other immigration
benefits.
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.
Source: Order No. 423-69, 34 FR 20388, Dec. 31, 1969, unless
otherwise noted.
Editorial Note: Nomenclature changes to part 0 appear at 73 FR 73 FR
54947, Sept. 24, 2008.
[[Page 9]]
Subpart A_Organizational Structure of the Department of Justice
Sec. 0.1 Organizational units.
The Department of Justice shall consist of the following principal
organizational units:
Offices
Office of the Attorney General.
Office of the Deputy Attorney General.
Office of the Associate Attorney General.
Office of the Solicitor General.
Office of Legal Counsel.
Office of Legislative Affairs.
Office of Professional Responsibility.
Office of Legal Policy.
Office of Public Affairs.
Office of the Pardon Attorney.
Office of Special Counsel for Immigration Related Unfair Employment
Practices.
Community Relations Service.
Executive Office for Immigration Review.
Executive Office for United States Attorneys.
Executive Office for United States Trustees.
INTERPOL--United States National Central Bureau.
Office of International Programs.
Office of Community Oriented Policing Services.
Office on Violence Against Women.
Office of the Federal Detention Trustee.
Professional Responsibility Advisory Office.
Office of Tribal Justice.
Divisions
Antitrust Division.
Civil Division.
Civil Rights Division.
Criminal Division.
Environment and Natural Resources Division.
National Security Division.
Tax Division.
Justice Management Division.
Bureaus
Federal Bureau of Investigation.
Bureau of Prisons.
Drug Enforcement Administration.
Office of Justice Programs (and related agencies)
United States Marshals Service.
Bureau of Alcohol, Tobacco, Firearms, and Explosives
Boards
Board of Immigration Appeals.
U.S. Parole Commission.
Foreign Claims Settlement Commission.
[Order No. 900-80, 45 FR 43702, June 30, 1980]
Editorial Note: For Federal Register citations affecting Sec. 0.1,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.fdsys.gov.
Subpart B_Office of the Attorney General
Sec. 0.5 Attorney General.
The Attorney General shall:
(a) Supervise and direct the administration and operation of the
Department of Justice, including the offices of U.S. Attorneys and U.S.
Marshals, which are within the Department of Justice.
(b) Represent the United States in legal matters generally.
(c) Furnish advice and opinions, formal and informal, on legal
matters to the President and the Cabinet and to the heads of the
executive departments and agencies of the Government, as provided by
law.
(d) Appear in person to represent the Government in the Supreme
Court of the United States, or in any other court, in which he may deem
it appropriate.
(e) Designate, pursuant to Executive Orders 9788 of October 4, 1946,
and 10254 of June 15, 1951, officers and agencies of the Department of
Justice to act as disbursing officers for the Office of Alien Property.
(f) Perform or supervise the performance of other duties required by
statute or Executive order.
Sec. 0.10 Attorney General's Advisory Committee of U.S. Attorneys.
(a) The Attorney General's Advisory Committee of United States
Attorneys shall consist of an appropriate number of United States
Attorneys, designated by the Attorney General. The membership shall be
selected to represent the various geographic areas of the Nation and
various sized United States Attorneys' Offices. Members shall serve at
the pleasure of the Attorney General, but such service normally shall
not exceed three years and shall be subject to adjustment by the
Attorney General so as to assure the annual rotation of approximately
one-third of the Committee's membership. The United States Attorney for
the District of Columbia
[[Page 10]]
shall serve as an ex officio member of the Committee. The Attorney
General may designate additional personnel from United States Attorneys'
Offices to serve as members of the Committee.
(b) The Committee shall make recommendations to the Attorney
General, to the Deputy Attorney General and to the Associate Attorney
General concerning any matters which the Committee believes to be in the
best interests of justice, including, but not limited to, the following:
(1) Establishing and modifying policies and procedures of the
Department;
(2) Improving management, particularly with respect to the
relationships between the Department and the U.S. Attorneys;
(3) Cooperating with State Attorneys General and other State and
local officials for the purpose of improving the quality of justice in
the United States;
(4) Promoting greater consistency in the application of legal
standards throughout the Nation and at the various levels of government;
and
(5) Aiding the Attorney General, the Deputy Attorney General and the
Associate Attorney General in formulating new programs for improvement
of the criminal justice system at all levels, including proposals
relating to legislation and court rules.
(c) The Attorney General will select from the Committee's membership
a chairperson and a vice-chairperson. The Attorney General may establish
such subcommittees as deemed necessary to carry out the Committee's
objectives. The Committee, in consultation with the Director of the
Executive Office for United States Attorneys, will select chairpersons
for such subcommittees. United States Attorneys who are not members of
the Committee may be included in the membership of subcommittees.
(d) The Executive Office for U.S. Attorneys shall provide the
Committee with such staff assistance and funds as are reasonably
necessary to carry out the Committee's responsibilities.
[Order No. 640-76, 41 FR 7748, Feb. 20, 1976, as amended by Order No.
960-81, 46 FR 52340, Oct. 27, 1981; Order No. 3108-2009, 74 FR 47097,
Sept. 15, 2009]
Sec. 0.11 Incentive Awards Board.
The Incentive Awards Board shall consist of the Deputy Attorney
General or a designee of the Deputy Attorney General, who shall be the
chairperson, and four members designated by the Attorney General from
among the Assistant Attorneys General, bureau heads or persons of
equivalent rank in the Department. The duties of the Board shall be:
(a) Consider and make recommendations to the Attorney General
concerning honorary awards and cash awards in excess of $7,500 to be
granted for suggestions, inventions, superior accomplishment, or other
personal effort which contributes to the efficiency, economy, or other
improvement of Government operations or achieves a significant reduction
in paperwork.
(b) Consider and make recommendations to the Attorney General for
transmittal to the Office of Personnel Management and the President for
Presidential awards under 5 U.S.C. 4504 and 5403.
(c) Evaluate periodically the effectiveness of the employee
recognition program and recommend needed improvements to the Attorney
General.
[Order No. 960-81, 46 FR 52340, Oct. 27, 1981, as amended by Order No.
2949-2008, 73 FR 8815, Feb. 15, 2008]
Sec. 0.12 Young American Medals Committee.
There shall be in the Office of the Attorney General a Young
American Medals Committee, which shall be composed of four members, one
of whom shall be the Director of Public Affairs who shall be the
Executive Secretary of the Committee. The Chairman of the Committee
shall be designated by the Attorney General. The Committee shall issue
regulations relating to the establishment of the Young American Medal
for Bravery and Young American Medal for Service provided for by the act
of August 3, 1950, 64 Stat. 397, and governing the requirements and
procedures for the award of such medals. The regulations of the
Committee in effect on the effective date of this part shall continue in
[[Page 11]]
effect until amended, modified, or revoked by the Committee.
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
445-70, 35 FR 19397, Dec. 23, 1970. Redesignated by Order No. 543-73, 38
FR 29583, Oct. 26, 1973, as amended by Order No. 960-81, 46 FR 52340,
Oct. 27, 1981]
Sec. 0.13 Legal proceedings.
(a) Each Assistant Attorney General and Deputy Assistant Attorney
General is authorized to exercise the authority of the Attorney General
under 28 U.S.C. 515(a), in cases assigned to, conducted, handled, or
supervised by such official, to designate Department attorneys to
conduct any legal proceeding, civil or criminal, including grand jury
proceedings and proceedings before committing magistrates, which United
States attorneys are authorized by law to conduct, whether or not the
designated attorney is a resident of the district in which the
proceedings is brought.
(b) Each Assistant Attorney General is authorized to redelegate to
Section Chiefs the authority delegated by paragraph (a) of this section,
except that such redelegation shall not apply to the designation of
attorneys to conduct grand jury proceedings.
[Order No. 725-77, 42 FR 26205, May 23, 1977]
Subpart C_Office of the Deputy Attorney General
Sec. 0.15 Deputy Attorney General.
(a) The Deputy Attorney General is authorized to exercise all the
power and authority of the Attorney General, unless any such power or
authority is required by law to be exercised by the Attorney General
personally.
(b) The Deputy Attorney General shall advise and assist the Attorney
General in formulating and implementing Department policies and programs
and in providing overall supervision and direction to all organizational
units of the Department. Subject to the general supervision of the
Attorney General, the Deputy Attorney General shall direct the
activities of organizational units as assigned. In addition, the Deputy
Attorney General shall:
(1) Except as assigned to the Associate Attorney General by Sec.
0.19(a)(1), exercise the power and authority vested in the Attorney
General to take final action in matters pertaining to:
(i) The appointment, employment, pay, separation, and general
administration of personnel, including attorneys, in the Senior
Executive Service or the equivalent; Senior-Level and Scientific and
Professional positions; and of attorneys and law students regardless of
grade or pay in the Department.
(ii) The appointment of special attorneys and special assistants to
the Attorney General (28 U.S.C. 515(b));
(iii) The appointment of Assistant U.S. Trustees and fixing of their
compensation; and
(iv) The approval of the appointment by U.S. Trustees of standing
trustees and the fixing of their maximum annual compensation and
percentage fees as provided in 28 U.S.C. 587(e).
(v) The appointment, employment, separation, and general
administration of Assistant United States Attorneys and other attorneys
to assist United States Attorneys when the public interest so requires
and the fixing of their salaries.
(2) Administer the Department's recruitment programs for law
graduates and law students.
(3) Coordinate Departmental liaison with White House Staff and the
Executive Office of the President.
(4) Coordinate and control the Department's reaction to civil
disturbances and terrorism.
(5) Perform such other duties and functions as may be assigned from
time to time by the Attorney General.
(c) The Deputy Attorney General may redelegate the authority
provided in paragraphs (b)(1)(i), (ii), (iii), (v), and paragraph (b)(2)
of this section to take final action in matters pertaining to the:
(1) Appointment, employment, pay, separation, and general
administration of personnel, including attorneys, in the Senior
Executive Service or the equivalent, and Senior-Level and Scientific and
Professional positions;
(2) Appointment, employment, pay, separation, and general
administration
[[Page 12]]
of attorneys and law students regardless of grade or pay;
(3) Appointment of special attorneys and special assistants to the
Attorney General pursuant to 28 U.S.C. 515(b);
(4) Appointment of Assistant United States Trustees and the fixing
of their compensation;
(5) Appointment, employment, separation, and general administration
of Assistant United States Attorneys and other attorneys to assist
United States Attorneys when the public interest so requires and the
fixing of their salaries; and
(6) Administration of the Department's recruitment programs for law
graduates and law students.
(d) The Deputy Attorney General may redelegate the authority
provided in paragraph (b)(1)(iv) of this section to take final action in
matters pertaining to the approval of the appointment by U.S. Trustees
of standing trustees and the fixing of their maximum annual compensation
and percentage fees as provided in 28 U.S.C. 587(e) to the Director of
the Executive Office for U.S. Trustees.
(e) The officials to whom the Deputy Attorney General delegates
authority under paragraph (c) of this section and any of the officials
who may be otherwise authorized by the Deputy Attorney General to
perform any other attorney personnel duties may redelegate those
authorities and duties.
(f) The Deputy Attorney General is authorized, and may delegate
authority to the Director of the Asylum Policy and Review Unit within
the Office of Legal Policy, to:
(1) Compile and disseminate to Immigration and Naturalization
Service (INS) officers information concerning the persecution of persons
in countries on account of race, religion, nationality, membership in a
particular social group, or political opinion.
(2) Review cases decided by the Board of Immigration Appeals
pursuant to 8 CFR 3.1(h)(1)(i);
(3) Review INS asylum decisions in cases which the Deputy Attorney
General directs INS to refer to him.
(4) Assist INS in conducting training concerning asylum and assist
in resolving questions of policy that may arise.
(g) The Deputy Attorney General is authorized to exercise the
authority vested in the Attorney General under section 528(a), Public
Law 101-509, to accept from federal departments and agencies the
services of attorneys and non-law enforcement personnel to assist the
Department of Justice in the investigation and prosecution of fraud or
other criminal or unlawful activity in or against any federally insured
financial institution or the Resolution Trust Corporation, and to
supervise such personnel in the conduct of such investigations and
prosecutions.
(h) [Reserved]
[Order No. 960-81, 46 FR 52340, Oct. 27, 1981]
Editorial Note: For Federal Register citations affecting Sec. 0.15,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.fdsys.gov.
Sec. 0.17 Office of Investigative Agency Policies.
(a) Organization. The Office of Investigative Agency Policies is
headed by a Director appointed by the Attorney General. The Director
shall be responsible to, and report directly to, the Deputy Attorney
General, and shall serve at the pleasure of the Attorney General. The
Director shall be chosen from among the heads of the criminal
investigative agencies of the Department, i.e., the Federal Bureau of
Investigation, Drug Enforcement Administration, United States Marshals
Service and Immigration and Naturalization Service. The Director shall
serve concurrently as the Director of Investigative Agency Policies and
as head of the agency for which he or she was nominated and confirmed.
The Director shall be supported by a staff consisting of personnel
detailed from the criminal investigative agencies of the Department, and
from the Criminal Division. The staff shall be nominated by these
various agencies, subject to the approval of the Director.
(b) Functions. Subject to the general supervision and direction of
the Attorney General and Deputy Attorney General, the Director shall in
the areas of overlapping jurisdiction of the criminal investigative
agencies:
(1) Take all steps necessary to improve coordination among the
criminal
[[Page 13]]
investigative agencies of the Department, both within the United States
and abroad;
(2) Assure, to the extent appropriate, consistent operational
guidelines for the criminal investigative agencies of the Department;
(3) Establish procedures, structures and mechanisms for coordinating
the collection and dissemination of intelligence relating to the
Department's law enforcement responsibilities;
(4) Establish procedures and policies relating to procurement for
the criminal investigative agencies of the Department, including but not
limited to procurement of communications and computer systems;
(5) Determine and establish procedures for the coordination of all
automation systems;
(6) Determine and establish plans to ensure the effective deployment
of criminal investigative agency task forces;
(7) Establish procedures for coordinating the apprehension of
fugitives;
(8) Establish programs to coordinate training among the criminal
investigative agencies of the Department;
(9) Provide advice to the Attorney General and the Deputy Attorney
General on all investigative policies, procedures and activities that
warrant uniform treatment or coordination among the criminal
investigative agencies of the Department;
(10) Provide advice to the Attorney General and the Deputy Attorney
General on the budgetary and resource requests of the criminal
investigative agencies of the Department;
(11) Perform such other functions as may be necessary for the
effective policy-level coordination of criminal investigations by the
criminal investigative agencies of the Department, particularly with
respect to drug trafficking, fugitive apprehension, violence, and
related areas, and for the elimination of waste and duplication in these
functions.
(12) Perform such special duties as may be assigned by the Attorney
General or the Deputy Attorney General from time to time.
(c) Cooperation. Officials of the Federal Bureau of Investigation,
the Drug Enforcement Administration, the United States Marshals Service,
the Immigration and Naturalization Service and all other components of
the Department that may be requested by the Director of Investigative
Agency Policies shall provide such information as the Director may
request.
(d) Review. Prior to making any decision having a significant impact
on any criminal investigative agency of the Department, the Director
shall consult with the head of such agency, or the designee of the head
of such agency. Any head of a criminal investigative agency shall have
an opportunity to seek review of any decision of the Director by the
Deputy Attorney General or the Attorney General.
(e) Scope. Nothing in this section shall be interpreted to alter or
diminish the responsibilities of the Department's criminal investigative
agencies, or of other components of the Department, including the
Criminal Division and the United States Attorneys, in the investigation
and prosecution of violations of federal criminal law.
(f) Reservation. This policy is set forth solely for the purpose of
internal Department of Justice guidance. It is not intended to, does
not, and may not be relied upon to create any rights, substantive or
procedural, that are enforceable at law by any party in any matter,
civil or criminal, nor does it place any limitations on otherwise lawful
investigative or litigative prerogatives of the Department of Justice.
[Order No. 1814-93, 58 FR 62260, Nov. 26, 1993]
Sec. 0.18a Office of Small and Disadvantaged Business Utilization.
The Office of Small and Disadvantaged Business Utilization is headed
by a Director appointed by the Attorney General, who shall be
responsible to, and report directly to, the Deputy Attorney General.
Subject to the general supervision and direction of the Deputy Attorney
General, the Director shall:
(a) Be responsible for the implementation and execution of the
functions and duties required by sections 637 and 644 of title 15 U.S.
Code;
(b) Establish Department goals for the participation by small
businesses, including small businesses owned and
[[Page 14]]
controlled by socially and economically disadvantaged individuals, in
Department procurement contracts;
(c) Have supervisory authority over Department personnel to the
extent that the functions and duties of such personnel relate to the
functions and duties described in paragraph (a) of this section;
(d) Provide resource information and technical training and
assistance regarding utilization of small businesses, including small
businesses owned and controlled by socially and economically
disadvantaged individuals, to Department personnel who perform
procurement functions;
(e) Assign a small business technical adviser to any Department
offices to which the Small Business Administration assigns a procurement
center representative, in accordance with section 644(k)(6) of title 15
U.S. Code;
(f) Develop and implement appropriate outreach programs to include
small minority businesses in procurement contracts;
(g) Cooperate and consult regularly with the Small Business
Administration with respect to the functions and duties described in
paragraph (a) of this section;
(h) Review, evaluate and report to the Deputy Attorney General on
the performance of organizational units of the Department in
accomplishing the goals for utilization of small and disadvantaged
businesses; and
(i) Prepare the Department's annual report to the Small Business
Administration on the extent of participation by small and disadvantaged
businesses in Department procurement contracts.
[Order No. 906-80, 45 FR 52145, Aug. 6, 1980]
Subpart C 1_Office of the Associate Attorney General
Sec. 0.19 Associate Attorney General.
(a) The Associate Attorney General shall advise and assist the
Attorney General and the Deputy Attorney General in formulating and
implementing Departmental policies and programs. The Associate Attorney
General shall also provide overall supervision and direction to
organizational units as assigned. In addition the Associate Attorney
General shall:
(1) Exercise the power and the authority vested in the Attorney
General to take final action in matters pertaining to the appointment,
employment, pay, separation, and general administration of attorneys and
law students in pay grades GS-15 and below in organizational units
subject to his direction.
(2) Perform such other duties as may be especially assigned from
time to time by the Attorney General.
(3) Exercise the power and authority vested in the Attorney General
to authorize the Director of the U.S. Marshals Service to deputize
persons to perform the functions of a Deputy U.S. Marshal.
(b) The Associate Attorney General may redelegate the authority
provided in paragraph (a)(1) of this section to the Director, Office of
Attorney Recruitment and Management.
(c) The Associate Attorney General is the Attorney General's
designee for purposes of determining whether, under part 39 of this
title, a handicapped person can achieve the purpose of a program without
fundamental changes in its nature, and whether an action would result in
a fundamental alteration in the nature of a program or activity or in
undue financial and administrative burdens. The Associate Attorney
General may not redelegate this authority.
(d) [Reserved]
[Order No. 960-81, 46 FR 52341, Oct. 27, 1981, as amended by Order No.
1047-84, 49 FR 6485, Feb. 22, 1984; Order No. 1106-85, 50 FR 36055,
Sept. 5, 1985; Order No. 1251-88, 53 FR 5370, Feb. 24, 1988; Order No.
2800-2006, 71 FR 6207, Feb. 7, 2006; Order No. 2897-2007, 72 FR 41624,
July 31, 2007]
Subpart D_Office of the Solicitor General
Sec. 0.20 General functions.
The following-described matters are assigned to, and shall be
conducted, handled, or supervised by, the Solicitor General, in
consultation with each agency or official concerned:
[[Page 15]]
(a) Conducting, or assigning and supervising, all Supreme Court
cases, including appeals, petitions for and in opposition to certiorari,
briefs and arguments, and, in accordance with Sec. 0.163, settlement
thereof.
(b) Determining whether, and to what extent, appeals will be taken
by the Government to all appellate courts (including petitions for
rehearing en banc and petitions to such courts for the issuance of
extraordinary writs) and, in accordance with Sec. 0.163, advising on
the approval of settlements of cases in which he had determined that an
appeal would be taken.
(c) Determining whether a brief amicus curiae will be filed by the
Government, or whether the Government will intervene, in any appellate
court.
(d) Assisting the Attorney General, the Deputy Attorney General and
the Associate Attorney General in the development of broad Department
program policy.
[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 52341, Oct.
27, 1981]
Sec. 0.21 Authorizing intervention by the Government in certain cases.
The Solicitor General may in consultation with each agency or
official concerned, authorize intervention by the Government in cases
involving the constitutionality of acts of Congress.
Subpart D 1_Executive Office for U.S. Attorneys
Sec. 0.22 General functions.
The Executive Office for United States Attorneys shall be under the
direction of a Director who shall:
(a) Provide general executive assistance and supervision to the
offices of the U.S. Attorneys, including:
(1) Evaluating the performance of the offices of the U.S. Attorneys,
making appropriate reports and inspections and taking corrective action
were indicated.
(2) Coordinating and directing the relationship of the offices of
the U.S. Attorneys with other organizational units of the Department of
Justice.
(b) Publish and maintain a U.S. Attorneys' Manual and a United
States Attorneys' Bulletin for the internal guidance of the U.S.
Attorneys' offices and those other organizational units of the
Department concerned with litigation.
(c) Supervise the operation of the Office of Legal Education, the
Attorney General's Advocacy Institute and the Legal Education Institute,
which shall develop, conduct and authorize the training of all Federal
legal personnel.
(d) Provide the Attorney General's Advisory Committee of United
States Attorneys with such staff assistance and funds as are reasonably
necessary to carry out the Committee's responsibilities (28 CFR
0.10(d)).
(e) Establish policy and procedures for the satisfaction,
collection, or recovery of criminal fines, special assessments,
penalties, interest, bail bond forfeitures, restitution, and court costs
in criminal cases consistent with Sec. 0.171 of this chapter.
[Order No. 960-81, 46 FR 52341, Oct. 27, 1981, as amended by Order No.
1413-90, 55 FR 19064, May 8, 1990]
Subpart D 2_Office of Legal Policy
Sec. 0.23 General functions.
The Office of Legal Policy shall be headed by an Assistant Attorney
General. The principal responsibilities of the Office shall be to plan,
develop, and coordinate the implementation of major policy initiatives
of high priority to the Department and to the Administration. In
addition, the Assistant Attorney General, Office of Legal Policy, shall:
(a) Examine and study legislation and other policy proposals and
coordinate Departmental efforts to secure enactment of those of special
interest to the Department and the Administration.
(b) Assist the Attorney General and the Deputy Attorney General in
fulfilling responsibilities of the Federal Legal Council to promote
coordination and communication among Federal legal offices with the goal
of achieving effective, consistent, and efficient management of legal
resources throughout the Federal Government.
[[Page 16]]
(c) Manage and coordinate the discharge of Departmental
responsibilities related to the Freedom of Information Act (5 U.S.C.
552) and the Privacy Act (5 U.S.C. 552a), including coordination and
implementation of policy development and compliance within executive
agencies and Departmental units relative to the Freedom on Information
Act and within Departmental units relative to the Privacy Act; and
supervise the Office of Information and Privacy which will, except as
otherwise directed by the Attorney General, act on appeals taken from
Departmental denials of access to records under the Privacy Act and the
Freedom of Information Act.
(d) Advise and assist the Attorney General and the Deputy Attorney
General regarding the selection and appointment of Federal judges.
(e) Administer the Federal Justice Research Program.
(f) Represent the Department on the Administrative Conference of the
United States and, as appropriate, on regulatory reform matters.
(g) Participate, as appropriate, in internal budget hearings of the
Department with regard to policy implications of resource allocations
and resource implications of major policy initiatives; and advise the
Assistant Attorney General for Administration with regard to information
requirements for Departmental policy formulation.
(h) Advise appropriate Departmental officials, from time to time, on
investigation, litigation, negotiation, penal, or correctional policies
to insure the compatibility of those policies with overall Departmental
goals.
(i) Perform such other duties and functions as may be specially
assigned by the Attorney General and the Deputy Attorney General.
In carrying out his responsibilities under this section, the Assistant
Attorney General, Office of Legal Policy, shall have the right to call
upon the relevant Departmental units for personnel and other assistance.
[Order No. 960-81, 46 FR 52341, Oct. 27, 1981, as amended by Order No.
1054-84, 49 FR 10118, Mar. 19, 1984; Order No. 1055-84, 49 FR 12253,
Mar. 29, 1984]
Sec. 0.23a [Reserved]
Sec. 0.23b Office of Asylum Policy and Review.
There is established, in the Office of Legal Policy, the Asylum
Policy and Review Unit, headed by a Director, under the general
supervision and direction of the Assistant Attorney General, Office of
Legal Policy, and exercising such duties as the Deputy Attorney General
delegates pursuant to 28 CFR 0.15(f) or otherwise assigns to it.
[Order No. 1176-87, 52 FR 11044, Apr. 7, 1987]
Subpart D 3_Office of Information Policy
Sec. 0.24 General functions.
The Office of Information Policy shall be headed by a Director
appointed by the Attorney General. The Director shall report to the
Associate Attorney General. The following functions are assigned to, and
shall be conducted, handled, or supervised by the Director of the Office
of Information Policy:
(a) Exercising the power and performing the functions vested in the
Attorney General under 5 U.S.C. 552(e).
(b) Developing, coordinating, and implementing policy with regard to
the Freedom of Information Act (``FOIA''), including publishing guidance
and other material related to FOIA matters;
(c) Providing legal assistance and advice to government agencies and
organizational components of the Department on questions regarding the
interpretation and application of the FOIA;
(d) Undertaking, arranging, or supporting training and informational
programs concerning the FOIA for government agencies and the Department;
(e) Responding to initial requests made under the FOIA and the
Privacy Act for the Office of Information Policy, as well as for the
following Leadership Offices:
(i) Office of the Attorney General;
(ii) Office of the Deputy Attorney General;
(iii) Office of the Associate Attorney General;
(iv) Office of Legal Policy;
(v) Office of Legislative Affairs;
(vi) Office of Public Affairs;
[[Page 17]]
(vii) Office of Intergovernmental and Public Liaison; and
(viii) Any other Department component that the Attorney General
assigns to the Office of Information Policy for responding to requests
made to such component under the FOIA and the Privacy Act.
(f) Acting on behalf of the Attorney General on FOIA and Privacy Act
access administrative appeals for all components of the Department,
except that a denial of a request by the Attorney General is the final
action of the Department on that request;
(g) Representing government agencies in civil litigation claims
arising under the FOIA through and under the direction of the United
States Attorney's Office for the District of Columbia and any such other
districts as may be designated;
(h) Providing staff support to the Department Review Committee,
established by Sec. 17.14 of this chapter; and
(i) Encouraging all Federal agencies that intend to deny FOIA
requests raising novel issues to consult with the Office of Information
Policy to the extent practicable.
[Order 3085-2009, 74 FR 29129, June 19, 2009]
Subpart E_Office of Legal Counsel
Sec. 0.25 General functions.
The following-described matters are assigned to, and shall be
conducted, handled, or supervised by, the Assistant Attorney General,
Office of Legal Counsel:
(a) Preparing the formal opinions of the Attorney General; rendering
informal opinions and legal advice to the various agencies of the
Government; and assisting the Attorney General in the performance of his
functions as legal adviser to the President and as a member of, and
legal adviser to, the Cabinet.
(b) Preparing and making necessary revisions of proposed Executive
orders and proclamations, and advising as to their form and legality
prior to their transmission to the President; and performing like
functions with respect to regulations and other similar matters which
require the approval of the President or the Attorney General.
(c) Rendering opinions to the Attorney General and to the heads of
the various organizational units of the Department on questions of law
arising in the administration of the Department.
(d) Approving proposed orders of the Attorney General, and orders
which require the approval of the Attorney General, as to form and
legality and as to consistency and conformity with existing orders and
memoranda.
(e) Coordinating the work of the Department of Justice with respect
to the participation of the United States in the United Nations and
related international organizations and advising with respect to the
legal aspects of treaties and other international agreements.
(f) When requested, advising the Attorney General in connection with
his review of decisions of the Board of Immigration Appeals and other
organizational units of the Department.
(g) Designating within the Office of Legal Counsel:
(1) A liaison officer, and an alternate, as a representative of the
Department in all matters concerning the filing of departmental
documents with the Office of the Federal Register, and
(2) A certifying officer, and an alternate, to certify copies of
documents required to be filed with the Office of the Federal Register
(1 CFR 16.1).
(h) Approving certain blind trusts, as required by section
202(f)(4)(B) of the Ethics in Government Act of 1978, 92 Stat. 1843.
(i) Consulting with the Director of the Office of Government Ethics
regarding the development of policies, rules, regulations, procedures
and forms relating to ethics and conflicts of interest, as required by
section 402 of the Ethics in Government Act of 1978, 92 Stat. 1862.
(j) Taking actions to ensure implementation of Executive Order 12612
(entitled ``Federalism''), including determining which Department
policies have sufficient federalism implications to warrant preparation
of a Federalism Assessment, reviewing Assessments for adequacy, and
executing certifications for the Assessments.
[[Page 18]]
(k) Performing such special duties as may be assigned by the
Attorney General, the Deputy Attorney General, or the Associate Attorney
General from time to time.
[Order 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order 445-70,
35 FR 19397, Dec. 23, 1970; Order 623-75, 40 FR 42746, Sept. 16, 1975;
Order 960-81, 46 FR 52342, Oct. 27, 1981; Order 1054-84, 49 FR 10118,
Mar. 19, 1984; Order 1260-88, 53 FR 9435, Mar. 23, 1988]
Subpart E 1_Office of International Programs
Sec. 0.26 Organization.
There shall be within the Office of the Deputy Attorney General an
Office of International Programs.
(a) Director. The Office of International Programs shall be headed
by a Director appointed by the Attorney General.
(b) Functions. The Director of the Office of International Programs
shall discharge the following duties:
(1) Coordinate all proposals for the Department of Justice, or
Department of Justice personnel, to provide foreign countries with
training or technical assistance in the fields of law enforcement,
administration of justice, legislation, and economic reform and
democratic institution-building initiatives.
(2) Assist the Deputy Attorney General in coordinating the
activities of the International Criminal Investigative Training
Assistance Program and in coordinating responses to requests for
international training and technical assistance submitted to the
INTERPOL-U.S. National Central Bureau and other Department of Justice
units.
(3) Serve as the focal point, on behalf of the Deputy Attorney
General, for administrative matters involving international activities,
including overseas staffing, of all Department of Justice units.
(4) Coordinate arrangements and preparations for contacts by the
Attorney General and Deputy Attorney General with officials of foreign
governments, foreign non-governmental organizations, and international
organizations.
(5) As required, advise the Deputy Attorney General on matters
relating to non-operational foreign travel by Department of Justice
personnel.
(6) Serve as a primary liaison with the Department of State, with
other appropriate federal, state and local agencies, and with
appropriate non-governmental institutions, regarding training and
technical assistance to foreign countries in the fields of law
enforcement, administration of justice, legislation, and economic reform
and democratic institution-building initiatives.
(7) Review and coordinate all planned and ongoing training and
technical assistance activities in the fields of law enforcement,
administration of justice, legislation, and economic reform and
democratic institution-building initiatives by Department of Justice
personnel in foreign countries.
(8) As needed, facilitate logistical arrangements for Department of
Justice personnel to engage in approved training and technical
assistance activities in the fields of law enforcement, administration
of justice, legislation, and economic reform and democratic institution-
building initiatives in foreign countries.
(9) Coordinate Department of Justice views on proposals for entities
outside the Department, including international organizations, to
conduct training and technical assistance activities in the fields of
law enforcement, administration of justice, legislation, and economic
reform and democratic institution-building initiatives in or for foreign
countries.
(10) Serve as a focal point, on behalf of the Deputy Attorney
General, for resolution, within the Department of Justice, of issues
regarding international policy.
(11) Coordinate, on behalf of the Deputy Attorney General,
legislation relevant to Department of Justice training and technical
assistance activities in or for foreign countries.
(12) Perform such other duties and functions as may be specially
assigned by the Deputy Attorney General.
(c) Relationship with other Departmental units. The Office of
International Programs shall:
(1) Maintain continual liaison with interested components of the
Department on international matters.
[[Page 19]]
(2) Develop and administer effective mechanisms to ensure thorough
consideration, by interested components of the Department, of all
proposals for international training and technical assistance by
Department personnel.
(d) Redelegation of authority. The Director is authorized to
redelegate to any subordinate member of the Office of International
Programs any of the authority, functions or duties vested in the
Director by this subpart.
[Order No. 1606-92, 57 FR 32438, July 22, 1992]
Subpart E 2_Office of Legislative and Intergovernmental Affairs
Sec. 0.27 General functions.
The following-described matters are assigned to, and shall be
conducted, handled, or supervised by, the Assistant Attorney General,
Office of Legislative and Intergovernmental Affairs:
(a) Maintaining liaison between the Department and the Congress.
(b) Reviewing, coordinating and submitting departmental legislative
reports.
(c) Coordinating the preparation and submission of proposed
departmental legislation.
(d) Maintaining liaison between the Department and State and local
governments and their representative organizations.
(e) Consulting with State and local officials and their
representative organizations to inform them of Department policy and law
enforcement initiatives that may affect State and local governments.
(f) Performing such other duties respecting legislative matters as
may be assigned by the Attorney General, the Deputy Attorney General, or
the Associate Attorney General.
[Order No. 504-73, 38 FR 6893, Mar. 14, 1973, as amended by Order No.
623-75, 40 FR 42746, Sept. 16, 1975; Order No. 960-81, 46 FR 52343, Oct.
27, 1981; Order No. 1054-84, 49 FR 10118, Mar. 19, 1984. Redesignated by
Order No. 1497-91, 56 FR 25629, June 5, 1991]
Subpart E 3_Office of Public Affairs
Sec. 0.28 General functions.
The Office of Public Affairs is headed by a Director of Public
Affairs who shall:
(a) Handle matters pertaining to relations with the public
generally.
(b) Disseminate information to the press, the radio and television
services, the public, members of Congress, officials of Government,
schools, colleges, and civic organizations.
(c) Coordinate the relations of the Department of Justice with the
news media.
(d) Serve as a central agency for information relating to the work
and activities of all agencies of the Department.
(e) Prepare public statements and news releases.
(f) Coordinate Department publications.
(g) Assist the Attorney General and other officials of the
Department in preparing for news conferences, interviews and other
contacts with the news media.
[Order No. 960-81, 46 FR 52343, Oct. 27, 1981. Redesignated by Order No.
1497-91, 56 FR 25629, June 5, 1991]
Subpart E 4_Office of the Inspector General
Source: Order No. 2167-98, 63 FR 36847, July 8, 1998, unless
otherwise noted.
Sec. 0.29 Organization.
(a) The Office of the Inspector General consists of an immediate
office, which is composed of the Inspector General, the Deputy Inspector
General, and the Office of the General Counsel, and five major
divisions, each headed by an Assistant Inspector General. The five OIG
divisions are: Audit; Investigations; Evaluation and Inspections;
Oversight and Review; and Management and Planning.
(b) The OIG is headquartered in Washington, DC. Investigations Field
Offices and Audit Regional Offices are located in Washington, DC and
throughout the United States. For a listing of specific office
locations, see
[[Page 20]]
the OIG Internet Website at http://www.usdoj.gov/oig.
[Order No. 2167-98, 63 FR 36847, July 8, 1998, as amended by Order No.
2835-2006, 71 FR 54413, Sept. 15, 2006]
Sec. 0.29a General functions.
(a) The OIG is a statutorily created independent entity within the
Department of Justice subject to the general supervision of the Attorney
General that conducts and supervises audits, inspections, and
investigations relating to the programs and operations of the
Department; recommends policies to promote economy, efficiency, and
effectiveness and to prevent and detect fraud and abuse in Departmental
programs and operations; and keeps the Attorney General and Congress
informed about the problems and deficiencies relating to the
administration of the Department and the necessity for and progress of
corrective action.
(b) In order to carry out its responsibilities the OIG:
(1) Audits and inspects Department programs and operations as well
as non-Department entities contracting with or receiving benefits from
the Department;
(2) Investigates allegations of criminal wrongdoing and
administrative misconduct on the part of Department employees, as
provided in Sec. 0.29c of this subpart;
(3) Investigates allegations that individuals and entities outside
of the Department have engaged in activity that adversely affects the
Department's programs and operations;
(4) Undertakes sensitive investigations of Department operations
and/or personnel, often at the request of senior Department officials or
Congress.
Sec. 0.29b Reporting allegations of waste, fraud, or abuse.
Employees shall report evidence and non-frivolous allegations of
waste, fraud, or abuse relating to the programs and operations of the
Department to the OIG or to a supervisor for referral to the OIG.
Sec. 0.29c Reporting allegations of employee misconduct.
(a) Reporting to the OIG. Evidence and non-frivolous allegations of
criminal wrongdoing or serious administrative misconduct by Department
employees shall be reported to the OIG, or to a supervisor or a
Department component's internal affairs office for referral to the OIG,
except as provided in paragraph (b) of this section.
(b) Reporting to the Department's Office of Professional
Responsibility (DOJ-OPR). Employees shall report to DOJ-OPR evidence and
non-frivolous allegations of serious misconduct by Department attorneys
that relate to the exercise of their authority to investigate, litigate,
or provide legal advice. Employees shall also report to DOJ-OPR evidence
and non-frivolous allegations of serious misconduct by Department law
enforcement personnel that are related to allegations of misconduct by a
Department attorney that relate to the exercise of the attorney's
authority to investigate, litigate, or provide legal advice.
(c) Reporting to the Drug Enforcement Administration Office of
Professional Responsibility (DEA-OPR). Evidence and non-frivolous
allegations of serious misconduct by employees of the Drug Enforcement
Administration (DEA) shall be reported by the OIG to the Drug
Enforcement Administration Office of Professional Responsibility (DEA-
OPR) or to the Deputy Attorney General.
(d) Reporting to the Federal Bureau of Investigation Office of
Professional Responsibility (FBI-OPR). Evidence and non-frivolous
allegations of serious misconduct by employees of the Federal Bureau of
Investigation (FBI) shall be reported by the OIG to the FBI-OPR except
as provided in Sec. 0.29d of this subpart, or to the Deputy Attorney
General.
[Order No. 2167-98, 63 FR 36847, July 8, 1998, as amended by Order No.
2492-2001, 66 FR 37903, July 20, 2001]
Sec. 0.29d Whistleblower protection for FBI employees.
(a) Protected disclosures by FBI employees. Disclosures of
information by an FBI employee that the employee reasonably believes
evidences a violation of any law, rule, or regulation, or mismanagement,
gross waste of funds, an abuse of authority, or a substantial and
specific danger to public health or
[[Page 21]]
safety are protected disclosures when they are reported as provided in
Sec. 27.1 of this chapter. Any office or official (other than the OIG
or DOJ-OPR) receiving a protected disclosure shall promptly report such
disclosure to the OIG or DOJ-OPR. The OIG or DOJ-OPR may refer such
allegations to FBI Inspection Division (FBI-INSD) Internal
Investigations Section for investigation unless the Deputy Attorney
General determines that such referral shall not be made.
(b) Allegations of retaliation against FBI employees. Allegations of
retaliation against an employee of the FBI who makes a protected
disclosure shall be reported to the OIG, DOJ-OPR, or the Deputy Attorney
General.
[Order No. 2167-98, 63 FR 36847, July 8, 1998, as amended by Order No.
2492-2001, 66 FR 37903, July 20, 2001; Order No. 2926-2008, 73 FR 1494,
Jan. 9, 2008]
Sec. 0.29e Relationship to other departmental units.
(a) The OIG works cooperatively with other Department components to
assure that allegations of employee misconduct are investigated by the
appropriate entity:
(1) The OIG refers to DOJ-OPR allegations of misconduct within DOJ-
OPR's jurisdiction and may refer to another component the investigation
of an allegation of misconduct on the part of an employee of that
component;
(2) The OIG may refer to a Department component's internal affairs
office allegations of misconduct within that office's jurisdiction or
may investigate such allegations on its own;
(3) DOJ-OPR refers to the OIG allegations involving misconduct by
Department attorneys or investigators that do not relate to the exercise
of an attorney's authority to investigate, litigate, or provide legal
advice.
(4) The OIG and the FBI notify each other of the existence of
criminal investigations that fall within their joint jurisdiction to
investigate crimes involving the operations of the Department, except
where such notification could compromise the integrity of an
investigation;
(5) All Department components report to the OIG all non-frivolous
allegations of criminal wrongdoing and serious administrative misconduct
involving any of their employees except allegations involving Department
attorneys and investigators that relate to an attorney's authority to
litigate, investigate, or provide legal advice.
(6) At the request of the Inspector General, the Deputy Attorney
General may assign to the OIG a matter within the investigative
jurisdiction of DOJ-OPR. In such instances, the OIG shall either:
(i) Notify DOJ-OPR of its request to the Deputy Attorney General or
(ii) Request that the Deputy Attorney General determine that such
notification would undermine the integrity of the investigation nor
jeopardize the interests of the complainant.
(7) While an issue of investigative jurisdiction or assignment is
pending before the Deputy Attorney General, neither the OIG DOJ-OPR
shall undertake any investigative activity without authorization from
the Deputy Attorney General.
(b) OIG investigations that result in findings of potential criminal
misconduct or civil liability are referred to the appropriate
prosecutorial or litigative office.
(c) The OIG advises DOJ-OPR of the existence and results of any
investigation that reflects upon the ethics, competence, or integrity of
a Department attorney for appropriate action by DOJ-OPR.
(d) OIG investigations that result in findings of administrative
misconduct are reported to management for appropriate disposition.
[Order No. 2167-98, 63 FR 36847, July 8, 1998; 63 FR 40788, July 30,
1998, as amended by Order No. 2492-2001, 66 FR 37903, July 20, 2001]
Sec. 0.29f Confidentiality.
The Inspector General shall not, during the pendency of an
investigation, disclose the identity of an employee who submits a
complaint to the OIG without the employee's consent, unless the
Inspector General determines that such disclosure is unavoidable in the
course of the investigation.
[[Page 22]]
Sec. 0.29g Reprisals.
Any employee who has authority to take, direct others to take,
recommend, or approve any personnel action shall not, with respect to
such authority, take or threaten to take any action against any employee
as a reprisal for the employee making a complaint or disclosing
information to the OIG unless the complaint was made or the information
was disclosed with knowledge that it was false or with willful disregard
for its truth or falsity.
Sec. 0.29h Specific authorities of the Inspector General.
The Inspector General is authorized to:
(a) Conduct investigations and issue reports relating to criminal
wrongdoing and administrative misconduct of Department employees and
administration of the programs and operations of the Department as are,
in the judgment of the Inspector General, necessary or desirable;
(b) Receive and investigate complaints or information from an
employee of the Department concerning the possible existence of an
activity constituting a violation of law, rules, or regulations, or
mismanagement, gross waste of funds, an abuse of authority, or a
substantial and specific danger to the public health and safety;
(c) Have direct and prompt access to the Attorney General when
necessary for any purpose pertaining to the performance of the functions
and responsibilities of the OIG;
(d) Have access to all records, reports, audits, reviews, documents,
papers, recommendations, or other material available to the Department
and its components that relate to programs and operations with respect
to which the OIG has responsibilities unless the Attorney General
notifies the Inspector General, in writing, that such access shall not
be available because it is necessary to prevent the disclosure of
(1) Sensitive information concerning ongoing civil or criminal
investigations or proceedings;
(2) Undercover operations;
(3) The identity of confidential sources, including protected
witnesses;
(4) Intelligence or counterintelligence matters; or
(5) Other matters the disclosure of which would constitute a serious
threat to national security or significantly impair the national
interests of the United States;
(e) Request such information or assistance as may be necessary for
carrying out the duties and responsibilities of the OIG from any office,
board, division, or component of the Department, and any Federal, State,
or local governmental agency or unit thereof;
(f) Issue subpoenas to individuals, and entities, other than Federal
government agencies, for the production of information, records, data,
and other documentary evidence necessary to carry out the functions of
the OIG;
(g) Obtain information from Federal government agencies by means
other than subpoena and advise the head of such agency whenever
information is unreasonably refused or not provided;
(h) Select, appoint, and employ such officers and employees as may
be necessary for carrying out the functions, powers, and duties of the
OIG;
(i) Employ on a temporary basis such experts and consultants as may
be necessary to carry out the duties of the OIG;
(j) Enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, and to make such payments as may be necessary to carry out the
duties of the OIG;
(k) Take from any person an oath, affirmation, or affidavit whenever
necessary in the performance of the functions of the OIG.
[Order No. 2167-98, 63 FR 36847, July 8, 1998, as amended by Order No.
2492-2001, 66 FR 37903, July 20, 2001]
Sec. 0.29i Audit, inspection, and review authority.
The OIG is authorized to perform audits, inspections, and reviews of
the programs and operations of the Department of Justice and of entities
contracting with or obtaining benefits from the Department.
[[Page 23]]
Sec. 0.29j Law enforcement authority.
Subject to guidelines promulgated by the Attorney General, Special
Agents of the Office of the Inspector General are authorized to:
(a) Detect and assist in the prosecution of crimes in violation of
the laws of the United States and to conduct such other investigations
regarding matters that are within the jurisdiction of the Inspector
General;
(b) Serve legal writs, summons, complaints, and subpoenas issued by
the Inspector General or by a Federal grand jury;
(c) Receive, transport, and provide safekeeping of arrestees and
other persons in the custody of the Attorney General or detained aliens;
(d) Arrest without warrant any person for an offense against the
United States committed in the presence of the Special Agent or whom the
Special Agent has reasonable grounds to believe has committed or is
committing a felony cognizable under the laws of the United States;
(e) Seek and execute search and arrest warrants;
(f) Carry firearms while on-duty; and
(g) Carry firearms while off-duty as authorized by the Inspector
General.
[Order No. 2835-2006, 71 FR 54413, Sept. 15, 2006]
Subpart F_Community Relations Service
Sec. 0.30 General functions.
The following-described matters are assigned to, and shall be
conducted, handled, or supervised by, the Director of the Community
Relations Service:
(a) Exercise of the powers and performance of the functions vested
in the Attorney General by sections 204(d), 205, 1002, and 1003(a) of
the Civil Rights Act of 1964 (78 Stat. 267) and section 2 of
Reorganization Plan No. 1 of 1966.
(b) Preparation and submission of the annual report to the Congress
required by section 1004 of that Act.
[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 52343, Oct. 27, 1981]
Sec. 0.31 Designating officials to perform the functions of the Director.
(a) In case of a vacancy in the Office of the Director of the
Community Relations Service, the Deputy Director of the Service shall
perform the functions and duties of the Director.
(b) The Director is authorized, in case of absence from his office
or in case of his inability or disqualification to act, to designate the
Deputy Director to act in his stead. In unusual circumstances, or in the
absence of the Deputy Director, a person other than the Deputy Director
may be so designated by the Director.
Sec. 0.32 Applicability of existing departmental regulations.
Departmental regulations which are generally applicable to units or
personnel of the Department of Justice shall be applicable with respect
to the Community Relations Service and to the Director and personnel
thereof, except to the extent, if any, that such regulations may be
inconsistent with the intent and purposes of section 1003(b) of the
Civil Rights Act of 1964.
Subpart F-1 [Reserved]
Subpart F 2_INTERPOL-United States National Central Bureau
Sec. 0.34 General functions.
The following functions are assigned to, and shall be conducted,
handled, or supervised by, the Chief of the United States National
Central Bureau, International Criminal Police Organization (INTERPOL--
U.S. National Central Bureau), as authorized by statute and within
guidelines prescribed by the Department of Justice, in conjunction with
the Department of Treasury:
(a) Facilitate international law enforcement cooperation as the
United States representative with the International Criminal Police
Organization (INTERPOL), on behalf of the Attorney General, pursuant to
22 U.S.C. 263a.
(b) Represent the U.S. National Central Bureau at criminal law
enforcement and international law enforcement conferences and symposia.
(c) Serve as a member of the Executive Committee of INTERPOL-United
[[Page 24]]
States National Central Bureau (INTERPOL-USNCB).
(d) Transmit information of a criminal justice, humanitarian, or
other law enforcement related nature between National Central Bureaus of
INTERPOL member countries, and law enforcement agencies within the
United States and abroad; and respond to requests by law enforcement
agencies, and other legitimate requests by appropriate organizations,
institutions and individuals, when in agreement with the INTERPOL
constitution.
(e) Coordinate and integrate information for investigations of an
international nature and identify those involving patterns and trends of
criminal activities.
(f) Conduct analyses of patterns of international criminal
activities, when specific patterns are observed.
(g) Establish and collect user fees to process name checks and
background records for licensing, humanitarian and other non-law
enforcement purposes.
[Order No. 960-81, 46 FR 52343, Oct. 27, 1981, as amended by Order No.
1295-88, 53 FR 30990, Aug. 17, 1988; Order No. 1441-90, 55 FR 32403,
Aug. 9, 1990; Order No. 1491-91, 56 FR 21600, May 10, 1991]
Subpart G_Office of the Pardon Attorney
Cross Reference: For regulations pertaining to the Office of Pardon
Attorney, see part 1 of this chapter.
Sec. 0.35 General functions; delegation of authority.
Under the general supervision of the Attorney General and the
direction of the Deputy Attorney General, the following-described
matters are assigned to, and shall be conducted, handled or supervised
by, the Pardon Attorney but subject to the limitation contained in Sec.
0.36 of this chapter.
(a) Exercise of the powers and performance of the functions vested
in the Attorney General by Sec. Sec. 1.1 through 1.8 inclusive of this
chapter.
(b) Performance of such other duties as may be assigned by the
Attorney General or the Deputy Attorney General.
[Order No. 1012-83, 48 FR 22290, May 18, 1983, as amended by AG Order
No. 3464-2014, 79 FR 54188, Sept. 11, 2014]
Sec. 0.36 Recommendations.
The Pardon Attorney shall submit all recommendations in clemency
cases through the Deputy Attorney General and the Deputy Attorney
General shall exercise such discretion and authority as is appropriate
and necessary for the handling and transmittal of such recommendations
to the President.
[Order No. 1012-83, 48 FR 22290, May 18, 1983, as amended by AG Order
No. 3464-2014, 79 FR 54188, Sept. 11, 2014]
Subpart G 1_Executive Office for United States Trustees
Sec. 0.37 Organization.
The Executive Office for United States Trustees shall be headed by a
Director appointed by the Attorney General.
[Order No. 960-81, 46 FR 52344, Oct. 27, 1981]
Sec. 0.38 Functions.
The Director shall have responsibility for assisting the Attorney
General and the Deputy Attorney General in supervising and providing
general coordination and assistance to United States Trustees. The
Director shall perform such duties relating to such functions and others
under the Bankruptcy Reform Act of 1978 as may be assigned by the
Attorney General or the Deputy Attorney General.
[Order No. 960-81, 46 FR 52344, Oct. 27, 1981]
Subpart G 2_Office of Professional Responsibility
Source: Order No. 2835-2006, 71 FR 54414, Sept. 15, 2006, unless
otherwise noted.
Sec. 0.39 Office of Professional Responsibility.
The Office of Professional Responsibility (DOJ-OPR) shall be headed
by a Counsel, who shall be appointed by the Attorney General and subject
to the general supervision and direction of
[[Page 25]]
the Attorney General or, whenever appropriate, the Deputy Attorney
General.
Sec. 0.39a Functions.
(a) The Counsel shall:
(1) Receive, review, investigate and refer for appropriate action
allegations of misconduct involving Department attorneys that relate to
the exercise of their authority to investigate, litigate or provide
legal advice, as well as allegations of misconduct by law enforcement
personnel when such allegations are related to allegations of attorney
misconduct within the jurisdiction of DOJ-OPR;
(2) Receive, review, investigate and refer for appropriate action;
(i) Any allegation of reprisal against an employee or applicant who
discloses information pursuant to paragraph (a)(1) of this section; and
(ii) Allegations of reprisal taken against any Federal Bureau of
Investigation employee for disclosing information pursuant to 28 CFR
27.1;
(3) Report to the responsible Department official the results of
inquiries and investigations arising under paragraphs (a)(1) and (2) of
this section, and, when appropriate, make recommendations for
disciplinary and other corrective action;
(4) Refer any allegation not arising under paragraphs (a)(1) or (2)
of this section to the Inspector General or another appropriate
Department official;
(5) Notify any person who has made allegations pursuant to
paragraphs (a)(1) or (2) of this section and any person who was the
subject of such allegations of the completion and, as appropriate, the
results of, any inquiry or investigation undertaken, where such
notification is permitted by law and consistent with the law enforcement
interests of the Department;
(6) Engage in liaison with the bar disciplinary authorities of the
states, territories, and the District of Columbia with respect to
professional misconduct matters;
(7) Submit an annual report to the Attorney General summarizing the
work of the Office;
(8) Submit recommendations to the Attorney General and the Deputy
Attorney General on the need for changes in policies and procedures that
become evident during the course of the Counsel's inquiries and
investigations;
(9) Review proposals from Department employees to refer to
appropriate licensing authorities apparent professional misconduct by
attorneys outside the Department, and make such referrals where
warranted, except that referrals made pursuant to 8 CFR 1003.106(d) do
not require the Counsel's review; and
(10) Perform any other responsibilities assigned by the Attorney
General or the Deputy Attorney General.
(b) For the purpose of paragraph (a)(2)(i) of this section, any
disclosure by an employee or applicant to a supervisor, Professional
Responsibility Officer, the Office of Professional Responsibility, the
Office of the Inspector General, the Executive Office for United States
Attorneys, or other appropriate individual or component shall constitute
disclosure to the Attorney General or the Counsel.
Sec. 0.39b Confidentiality of information.
The Counsel shall not disclose the identity of any person submitting
an allegation of misconduct or reprisal pursuant to 28 CFR 0.39a(a)(1)
or (2) unless the person consents to the disclosure of his identity or
the disclosure is necessary to carry out the authority of the Office of
Professional Responsibility, including conducting an investigation or
referring the allegation to another component.
Sec. 0.39c Relationship to other departmental units.
(a) Primary responsibility for assuring the maintenance of the
highest standards of professional responsibility by Department employees
rests with the heads of the offices, divisions, bureaus, and boards of
the Department.
(b) The heads of the offices, divisions, bureaus, and boards shall
assure that any judicial finding of misconduct or serious judicial
criticism relating to the duties described in Sec. 0.39(a)(1), or any
nonfrivolous allegation of serious misconduct concerning an employee in
their component and relating to those duties, is reported to the
Counsel.
[[Page 26]]
(c) The heads of the offices, divisions, bureaus, and boards shall
provide information and assistance requested by the Counsel in
connection with any inquiries or investigations conducted by the Counsel
or by the Counsel's staff. As set forth in part 45, all Department
personnel, including the subject(s) of any inquiry or investigation,
shall cooperate fully with any investigation conducted by the Counsel or
his designee.
Subpart H_Antitrust Division
Sec. 0.40 General functions.
The following functions are assigned to and shall be conducted,
handled, or supervised by, the Assistant Attorney General, Antitrust
Division:
(a) General enforcement, by criminal and civil proceedings, of the
Federal antitrust laws and other laws relating to the protection of
competition and the prohibition of restraints of trade and
monopolization, including conduct of surveys of possible violations of
antitrust laws, conduct of grand jury proceedings, issuance and
enforcement of civil investigative demands, civil actions to obtain
orders and injunctions, civil actions to recover forfeitures or damages
for injuries sustained by the United States as a result of antitrust law
violations, proceedings to enforce compliance with final judgments in
antitrust suits and negotiation of consent judgments in civil actions,
civil actions to recover penalties, criminal actions to impose penalties
including actions for the imposition of penalties for conspiring to
defraud the Federal Government by violation of the antitrust laws,
participation as amicus curiae in private antitrust litigation; and
prosecution or defense of appeals in antitrust proceedings.
(b) Intervention or participation before administrative agencies
functioning wholly or partly under regulatory statutes in administrative
proceedings which require consideration of the antitrust laws or
competitive policies, including such agencies as the Civil Aeronautics
Board, Interstate Commerce Commission, Federal Communications
Commission, Federal Maritime Commission, Federal Energy Regulatory
Commission, Federal Reserve Board, Federal Trade Commission, Nuclear
Regulatory Commission, and Securities and Exchange Commission, except
proceedings referred to any agency by a federal court as an incident to
litigation being conducted under the supervision of another Division in
this Department.
(c) Developing procedures to implement, receiving information,
maintaining records, and preparing reports by the Attorney General to
the President as required by Executive Order 10936 of April 25, 1961
relating to identical bids submitted to Federal and State departments
and agencies.
(d) As the delegate of the Attorney General furnishing reports and
summaries thereof respecting the competitive factors involved in
proposed mergers or consolidations of insured banks required by the
Federal Deposit Insurance Act, as amended (12 U.S.C. 1828(c)),
furnishing reports respecting the competitive factors involved in
proposed acquisitions under the Savings and Loan Holding Company
Amendments of 1967 (12 U.S.C. 1730a(e)), furnishing advice regarding the
proposed disposition of surplus Government property required by the
Federal Property and Administrative Services Act of 1949, as amended (40
U.S.C. 488), furnishing reports regarding deepwater port licenses under
the Deepwater Port Act of 1974 (33 U.S.C. 1506), furnishing advice and
reports regarding federal coal leases under the Federal Coal Leasing
Amendments Act of 1976 (30 U.S.C. 184(1)), furnishing advice on oil and
gas leasing under the Outer Continental Shelf Lands Act Amendments of
1978 (43 U.S.C. 1334(a) 1334(f)(3). 1337), furnishing reports and
recommendations regarding the issuance of licenses for exploration or
permits for commercial recovery of deep seabed hard minerals pursuant to
the Deep Seabed Hard Minerals Resources Act (30 U.S.C. 1413(d)),
furnishing advice or reports regarding contracts or operating agreements
concerning exploration, development or production of petroleum reserves
under the Naval Petroleum Reserves Production Act of 1976 (10 U.S.C.
7430(g)(1)), and furnishing advice regarding nuclear licenses under the
Atomic Energy Act of 1954 (42 U.S.C. 2135).
[[Page 27]]
(e) Preparing the approval or disapproval of the Attorney General
whenever such action is required by statute from the standpoint of the
antitrust laws as a prerequisite to the development of Defense
Production Act voluntary programs or agreements and small business
production or raw material pools, the national defense program and
atomic energy matters.
(f) Assembling information and preparing reports required or
requested by the Congress or the Attorney General as to the effect upon
the maintenance and preservation of competition under the free
enterprise system of various Federal laws or programs, including the
Defense Production Act of 1950, the Small Business Act, the Federal Coal
Leasing Amendments Act of 1976 (30 U.S.C. 208-2), the Naval Petroleum
Reserves Production Act of 1976 (10 U.S.C. 7431(b)(2)), and the joint
resolution of July 28, 1955, giving consent to the Interstate Compact to
Conserve Oil and Gas.
(g) Preparing for transmittal to the President, Congress, or other
departments or agencies views or advice as to the propriety or effect of
any action, program or practice upon the maintenance and preservation or
competition under the free enterprise system.
(h) Representing the Attorney General on interdepartmental or
interagency committees concerned with the maintenance and preservation
of competition generally and in various sections of the economy and the
operation of the free enterprise system and when authorized
participating in conferences and committees with foreign governments and
treaty organizations concerned with competition and restrictive business
practices in international trade.
(i) Collecting fines, penalties, judgments, and forfeitures arising
in antitrust cases.
(j) [Reserved]
(k) As the delegate of the Attorney General, performance of all
functions which the Attorney General is required or authorized to
perform by title III of Public Law 97-290 (15 U.S.C. 4011-4021) with
respect to export trade certificates of review.
[Order No. 617-75, 40 FR 36118, Aug. 19, 1975, as amended by Order No.
699-77, 42 FR 15315, Mar. 21, 1977; Order No. 960-81, 46 FR 52344, Oct.
27, 1981; Order Nos. 1002-83, 1003-83, 48 FR 9522, 9523, Mar. 7, 1983]
Sec. 0.41 Special functions.
The following functions are assigned to, and shall be conducted,
handled, or supervised by, the Assistant Attorney General, Antitrust
Division:
(a) Institution of proceedings to impose penalties for violations of
section 202(a) of the Communications Act of 1934 (48 Stat. 1070), as
amended (47 U.S.C. 202(a)), which prohibits common carriers by wire or
radio from unjustly or unreasonably discriminating among persons,
classes of persons, or localities.
(b) Representing the United States in suits pending as of February
28, 1975, before three-judge district courts under sections 2321-2325 of
title 28 of the U.S. Code, to enforce, suspend, enjoin, annul, or set
aside, in whole or in part, any order of the Interstate Commerce
Commission. (Pub. L. 93-584, Sec. 10, 88 Stat. 1917)
(c) Representing the United States in proceedings before courts of
appeals to review orders of the Interstate Commerce Commission, the
Federal Communications Commission, the Federal Maritime Commission and
the Nuclear Regulatory Commission (28 U.S.C. 2341-2350).
(d) Representing the Civil Aeronautics Board, and the Secretary of
the Treasury or his delegates under the Federal Alcohol Administration
Act, in courts of appeals reviewing their respective administrative
orders.
(e) Defending the Secretary of the Treasury or his delegates under
the Federal Alcohol Administration Act, and the agencies named in
paragraphs (c), (d) and (e) of this section or their officers against
the injunctive actions brought in Federal courts when the matter which
is the subject of the actions will ultimately be the subject of review
under paragraph (c), (d), (e) or (g) of this section, or of an
enforcement action under paragraph (b) of this section.
[[Page 28]]
(f) Seeking review of or defending judgments rendered in proceedings
under paragraphs (a) through (e) of this section.
(g) Acting on behalf of the Attorney General with respect to
sections 252 and 254 of the Energy Policy and Conservation Act, 42
U.S.C. 6272, 6274, including acting on behalf of the Attorney General
with respect to voluntary agreements or plans of action established
pursuant to section 252 of that Act.
(h) [Reserved]
(i) Acting on behalf of the Attorney General with respect to
sections 4(b), 4(c) and 4(d) of the National Cooperative Production
Amendments of 1993, Pub. L. No. 103-42, 107 Stat. 117 (15 U.S.C. 4305
note).
(j) Defending the Secretary of Commerce and the Attorney General, or
their delegates, in actions to set aside a determination with respect to
export trade certificates of review under section 305(a) of Public Law
97-290 (15 U.S.C. 4015(a)).
(k) Acting on behalf of the Attorney General with respect to section
6 of the National Cooperative Research and Production Act of 1984, Pub.
L. 98-462, 98 Stat. 1815, as amended by the National Cooperative
Production Amendments of 1993, Pub. L. No. 103-42, 107 Stat. 117 (15
U.S.C. 4305).
[Order No. 615-75, 40 FR 36118, Aug. 19, 1975, as amended by Order No.
699-77, 42 FR 15315, Mar. 21, 1977; Order No. 769-78, 43 FR 8256, Mar.
1, 1978; Order No. 960-81, 46 FR 52344, Oct. 27, 1981; Order Nos. 1002-
83, 1003-83, 48 FR 9522, 9523, Mar. 7, 1983; Order No. 1077-85, 49 FR
46372, Nov. 26, 1984; Order No. 1857-94, 59 FR 14101, Mar. 25, 1994]
Sec. Appendix to Subpart H of Part 0--Delegation of Authority Respecting
Denials of Freedom of Information and Privacy Act Requests
[Memo No. 79-1]
1. The Deputy Assistant Attorney General for Litigation, Antitrust
Division, will assume the duties and responsibilities previously
assigned to the Assistant Attorney General by 28 CFR 16.5 (b) and (c)
and 16.45(a), as amended July 1, 1977, and defined in those sections,
for denying requests and obtaining statutory extensions of time under
the Freedom of Information Act, 5 U.S.C. 552, et seq., and the Privacy
Act, 5 U.S.C. 552a, et seq.
2. The Deputy Assistant Attorney General for Litigation, Antitrust
Division, who signs a denial or partial denial of a request for records
made under the Freedom of Information Act or the Privacy Act shall be
the ``person responsible for the denial'' within the meaning of 5 U.S.C.
552(a) and 5 U.S.C. 552a (j) and (k).
[44 FR 54045, Sept. 18, 1979]
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,
Civil Division:
(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 Environment 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 Environment
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
[[Page 29]]
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
Environment 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
Sec. Sec. 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
[[Page 30]]
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]
Editorial Note: For Federal Register citations affecting Sec. 0.45,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.fdsys.gov.
[[Page 31]]
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
service.
[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
Control Program.
(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.
[[Page 32]]
(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
for execution.
(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]
Subpart J_Civil Rights Division
Sec. 0.50 General functions.
The following functions are assigned to, and shall be conducted,
handled, or supervised by, the Assistant Attorney General, Civil Rights
Division:
(a) Enforcement of all Federal statutes affecting civil rights,
including those pertaining to elections and voting, public
accommodations, public facilities, school desegregation, employment
(including 42 U.S.C. 2000e-(6)), housing, abortion, sterilization,
credit, and constitutional and civil rights of Indians arising under 25
U.S.C. 1301 et seq., and of institutionalized persons, and authorization
of litigation in such enforcement, including criminal prosecutions and
civil actions and proceedings on behalf of the Government and appellate
proceedings in all such cases. Notwithstanding the provisions of the
foregoing sentence, the responsibility for the enforcement of the
following described provisions of the U.S. Code is assigned to the
Assistant Attorney General, Criminal Division:
(1) Sections 591 through 593 and sections 595 through 612 of title
18, U.S. Code, relating to elections and political activities;
(2) Sections 241, 242, and 594 of title 18, and sections 1973i and
1973j of title 42, U.S. Code, insofar as they relate to voting and
election matters not involving discrimination or intimidation on grounds
of race or color, and section 245(b)(1) of title 18, U.S. Code, insofar
as it relates to matters not involving discrimination or intimidation on
grounds of race, color, religion, or national origin;
(3) Section 245(b)(3) of title 18, U.S. Code, pertaining to forcible
interference with persons engaged in business during a riot or civil
disorder; and
(4) Sections 241 through 256 of title 2, U.S. Code (Federal Corrupt
Practices Act).
(b) Requesting and reviewing investigations arising from reports or
complaints of public officials or private citizens with respect to
matters affecting civil rights.
(c) Conferring with individuals and groups who call upon the
Department in connection with civil rights matters, advising such
individuals and groups thereon, and initiating action appropriate
thereto.
(d) Coordination within the Department of Justice of all matters
affecting civil rights.
(e) Consultation with and assistance to other Federal departments
and agencies and State and local agencies on matters affecting civil
rights.
(f) Research on civil rights matters, and the making of
recommendations to the Attorney General as to proposed policies and
legislation relating thereto.
(g) Representation of Federal officials in private litigation
arising under 42 U.S.C. 2000d or under other statutes pertaining to
civil rights.
(h) Administration of sections 3(c) and 5 of the Voting Rights Act
of 1965, as amended (42 U.S.C. 1973a(c), 1973c).
(i) Upon request, assisting, as appropriate, the Commission on Civil
Rights or other similar Federal bodies in carrying out research and
formulating recommendations.
(j) Administration of section 105 of the Civil Liberties Act of 1988
(50 U.S.C. App. 1989b).
(k) Upon request, certifications under 18 U.S.C. 245.
(l) Enforcement and administration of the Americans with
Disabilities Act of 1990, Public Law 101-336.
[[Page 33]]
(m) Community education, enforcement, and investigatory activities
under section 102 of the Immigration Reform and Control Act of 1986, as
amended.
(n) Upon request, certification under 18 U.S.C. 249, relating to
hate crimes.
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969]
Editorial Note: For Federal Register citations affecting Sec. 0.50,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.fdsys.gov.
Sec. 0.51 Leadership and coordination of nondiscrimination laws.
(a) The Assistant Attorney General in charge of the Civil Rights
Division shall, except as reserved herein, exercise the authority vested
in and perform the functions assigned to the Attorney General by
Executive Order 12250 (``Leadership and Coordination of
Nondiscrimination Laws''). This delegation does not include the
function, vested in the Attorney General by sections 1-101 and 1-102 of
the Executive order, of approving agency rules, regulations, and orders
of general applicability issued under the Civil Rights Act of 1964 and
section 902 of the Education Amendments of 1972. Likewise, this
delegation does not include the authority to issue those regulations
under section 1-303 of the Executive Order which are required, by Sec.
0.180 of this part, to be issued by the Attorney General.
(b) Under paragraph (a) of this section, the Assistant Attorney
General in charge of the Civil Rights Division shall be responsible for
coordinating the implementation and enforcement by Executive agencies of
the nondiscrimination provisions of the following laws:
(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et
seq.).
(2) Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et
seq.).
(3) Section 504 of the Rehabilitation Act of 1973, as amended (29
U.S.C. 794).
(4) Any other provision of Federal statutory law which provides, in
whole or in part, that no person in the United States shall, on the
ground of race, color, national origin, handicap, religion, or sex, be
excluded from participation in, be denied the benefits of, or be subject
to discrimination under any program or activity receiving Federal
financial assistance.
[Order No. 944-81, 46 FR 29704, June 3, 1981]
Sec. 0.52 Certifications under 18 U.S.C. 3503.
The Assistant Attorney General in charge of the Civil Rights
Division and his Deputy Assistant Attorney Generals are each authorized
to exercise or perform the functions or duties conferred upon the
Attorney General by section 3503 of title 18, U.S. Code, to certify that
the legal proceeding, in which a motion to take testimony by deposition
is made, is against a person who is believed to have participated in an
organized criminal activity, where the subject matter of the case or
proceeding in which the motion is sought is within the cognizance of the
Civil Rights Division pursuant to Sec. 0.50.
[Order No. 452-71, 36 FR 2601, Feb. 9, 1971]
Sec. 0.53 Office of Special Counsel for Immigration Related Unfair
Employment Practices.
(a) The Office of Special Counsel for Immigration Related Unfair
Employment Practices shall be headed by a Special Counsel for
Immigration Related Unfair Employment Practices (``Special Counsel'').
The Special Counsel shall be appointed by the President for a term of
four years, by and with the advice and consent of the Senate, pursuant
to section 102 of the Immigration Reform and Control Act of 1986, as
amended. The Office of Special Counsel shall be part of the Civil Rights
Division of the Department of Justice, and the Special Counsel shall
report directly to the Assistant Attorney General, Civil Rights
Division.
(b) In carrying out his or her responsibilities under the
Immigration Reform and Control Act of 1986, as amended, the Special
Counsel is authorized to:
(1) Investigate charges of immigration-related unfair employment
practices filed with the Office of Special Counsel and, when
appropriate, file
[[Page 34]]
complaints with respect to those practices before specially designated
administrative law judges within the Office of the Chief Administrative
Hearing Officer, U.S. Department of Justice;
(2) Intervene in proceedings involving complaints of immigration-
related unfair employment practices that are brought directly before
such administrative law judges by parties other than the Special
Counsel;
(3) Conduct, on his or her own initiative, investigations of
immigration-related unfair employment practices and, where appropriate,
file complaints with respect to those practices before such
administrative law judges;
(4) Conduct, handle, and supervise litigation in U.S. District
Courts for judicial enforcement of orders of administrative law judges
regarding immigration-related unfair employment practices;
(5) Initiate, conduct, and oversee activities relating to the
dissemination of information to employers, employees, and the general
public concerning immigration-related unfair employment practices;
(6) Establish such regional offices as may be necessary;
(7) Perform such other functions as the Assistant Attorney General,
Civil Rights Division shall direct; and
(8) Delegate to any of his or her subordinates any of the authority,
functions, or duties vested in him or her.
[Order No. 2078-97, 62 FR 23658, May 1, 1997]
Sec. Appendix to Subpart J of Part 0
Civil Rights Division
[Memo 75-2]
Note: Civil Rights Division Memo 75-2, was superseded by Civil
Rights Division, Memo 78-1 appearing at 48 FR 3367, Jan. 25, 1983.
[Memo 78-1]
Note: Civil Rights Division Memo 78-1 was superseded by Civil Rights
Division Memo 92-3 appearing at 57 FR 19377, May 6, 1992.
[Memo 79-1]
Delegation of Authority for Administration of Section 5 of the Voting
Rights Act
1. The authority of the Attorney General regarding administration of
section 5 of the Voting Rights Act of 1965, as amended, (42 U.S.C.
1973c) has been delegated to the Assistant Attorney General in charge of
the Civil Rights Division.
2. That authority is delegated to the Chief of the Voting Section,
provided that any determination to object to a change affecting voting
(see 28 CFR part 51) or to withdraw such an objection shall be made by
the Assistant Attorney General.
3. The Chief of the Voting Section may authorize the Deputy Chief or
the Director of the section 5 unit to act on his or her behalf.
[44 FR 53080, Sept. 12, 1979]
[Memo 92-93]
Delegation of Authority To Deny Freedom of Information Act and Privacy
Act Requests
1. The Chief of the Freedom of Information/Privacy Acts Branch will
assume the duties and responsibilities previously assigned to the
Assistant Attorney General by 28 CFR 16.4 (b) and (c) and 28 CFR
16.42(b), as amended July 1, 1991, and defined in those sections, for
denying requests and obtaining extensions of time under the Freedom of
Information Act, 5 U.S.C. 552 et seq., and the Privacy Act, 5 U.S.C.
552a et seq.
2. The Chief of the Freedom of Information/Privacy Acts Branch who
signs a denial or partial denial of a request for records made under the
Freedom of Information Act or the Privacy Act shall be the ``person
responsible for the denial'' within the meaning of 5 U.S.C. 552(a)(6)(C)
and shall be responsible for denials made in accordance with 5 U.S.C.
552a (j) and (k).
3. This authority is limited to those records which are in the
systems of records under the custody and control of the Civil Rights
Division of the United States Department of Justice. The authority
delegated herein may be redelegated by the Assistant Attorney General by
internal memorandum.
[57 FR 19377, May 6, 1992]
Subpart K_Criminal Division
Sec. 0.55 General functions.
The following functions are assigned to and shall be conducted,
handled, or supervised by, the Assistant Attorney General, Criminal
Division:
(a) Prosecutions for Federal crimes not otherwise specifically
assigned.
(b) Cases involving criminal frauds against the United States except
cases assigned to the Antitrust Division by Sec. 0.40(a) involving
conspiracy to defraud the Federal Government by violation of the
antitrust laws, and tax fraud
[[Page 35]]
cases assigned to the Tax Division by subpart N of this part.
(c) All criminal and civil litigation under the Controlled
Substances Act, 84 Stat. 1242, and the Controlled Substances Import and
Export Act, 84 Stat. 1285 (titles II and III of the Comprehensive Drug
Abuse Prevention and Control Act of 1970).
(d) Civil or criminal forfeiture or civil penalty actions (including
petitions for remission or mitigation of forfeitures and civil
penalties, offers in compromise, and related proceedings) under the
Federal Aviation Act of 1958, the Contraband Transportation Act, the
Copyrights Act, the customs laws (except those assigned to the Civil
Division which involve sections 592, 704(i)(2) or 734(i)(2) of the
Tariff Act of 1930), the Export Control Act of 1949, the Federal Alcohol
Administration Act, the Federal Seed Act, the Gold Reserve Act of 1934,
the Hours of Service Act, the Animal Welfare Act, the Immigration and
Nationality Act (except civil penalty actions and petitions and offers
related thereto), the neutrality laws, laws relating to cigarettes,
liquor, narcotics and dangerous drugs, other controlled substances,
gambling, war materials, pre-Colombian artifacts, coinage, and firearms,
locomotive inspection (45 U.S.C. 22, 23, 28-34), the Organized Crime
Control Act of 1970, prison-made goods (18 U.S.C. 1761-1762), the Safety
Appliance Act, standard barrels (15 U.S.C. 231-242), the Sugar Act of
1948, and the Twenty-Eight Hour Law.
(e) Subject to the provisions of subpart Y of this part,
consideration, acceptance, or rejection of offers in compromise of
criminal and tax liability under the laws relating to liquor, narcotics
and dangerous drugs, gambling, and firearms, in cases in which the
criminal liability remains unresolved.
(f) All criminal litigation and related investigations and 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; all advice to the
Attorney General with respect to the exercise of his parole authority
under 8 U.S.C. 1182(d)(5) concerning aliens who are excludable under 8
U.S.C. 1182(a)(23), (28), (29), or (33); and all civil litigation with
respect to the individuals identified in 8 U.S.C. 1182(a)(33),
1251(a)(19).
(g) Coordination of enforcement activities directed against
organized crime and racketeering.
(h) Enforcement of the Act of January 2, 1951, 64 Stat. 1134, as
amended by the Gambling Devices Act of 1962, 76 Stat. 1075, 15 U.S.C.
1171 et seq., including registration thereunder. (See also 28 CFR 3.2)
(i) All civil proceedings seeking exclusively equitable relief
against Criminal Division activities including criminal investigations,
prosecutions, and other criminal justice activities (including without
limitation, applications for writs of coram nobis and writs of habeas
corpus not challenging exclusion, deportation, or detention under the
immigration laws), except that any proceeding may be conducted, handled,
or supervised by the Assistant Attorney General for National Security or
another Division by agreement between the head of such Division and the
Assistant Attorney General, Criminal Division.
(j) International extradition proceedings.
(k) Relation of military to civil authority with respect to criminal
matters affecting both.
(l) All criminal matters arising under the Labor-Management
Reporting and Disclosure Act of 1959 (73 Stat. 519).
(m) Enforcement of the following-described provisions of the United
States Code--
(1) Sections 591 through 593 and sections 595 through 612 of title
18, U.S. Code, relating to elections and political activities;
(2) Sections 241, 242, and 594 of title 18, and sections 1973i and
1973j of title 42, U.S. Code, insofar as they relate to voting and
election matters not involving discrimination or intimidation on grounds
of race or color, and section 245(b)(1) of title 18 U.S. Code, insofar
as it relates to matters not involving discrimination or intimidation on
grounds of race, color, religion, or national origin;
[[Page 36]]
(3) Section 245(b)(3) of title 18, U.S. Code, pertaining to forcible
interference with persons engaged in business during a riot or civil
disorder; and
(4) Sections 241 through 256 of title 2, U.S. Code (Federal Corrupt
Practices Act). (See Sec. 0.50(a).)
(n) Civil actions arising under 39 U.S.C. 3010, 3011 (Postal
Reorganization Act).
(o) Resolving questions that arise as to Federal prisoners held in
custody by Federal officers or in Federal prisons, commitments of
mentally defective defendants and juvenile delinquents, validity and
construction of sentences, probation, and parole.
(p) Supervision of matters arising under the Escape and Rescue Act
(18 U.S.C. 751, 752), the Fugitive Felon Act (18 U.S.C. 1072, 1073), and
the Obstruction of Justice Statute (18 U.S.C. 1503).
(q) Supervision of matters arising under the Bail Reform Act of 1966
(28 U.S.C. 3041-3143, 3146-3152, 3568).
(r) Supervision of matters arising under the Narcotic Addict
Rehabilitation Act of 1966 (18 U.S.C. 4251-4255; 28 U.S.C. 2901-2906; 42
U.S.C. 3411-3426, 3441, 3442).
(s) Civil proceedings in which the United States is the plaintiff
filed under the Organized Crime Control Act of 1970, 18 U.S.C. 1963-
1968.
(t) Upon request, certifications under 18 U.S.C. 245.
(u) Exercise of the authority vested in the Attorney General under
10 U.S.C. 374(b)(2)(E) to approve the use of military equipment by
Department of Defense personnel to provide transportation and base of
operations support in connection with a civilian law enforcement
operation.
(v) Upon request, certification under 18 U.S.C. 249, relating to
hate crimes, in cases involving extraterritorial crimes that also
involve charges filed pursuant to the Military Extraterritorial
Jurisdiction Act (18 U.S.C. 3261 et seq.), or pursuant to chapters of
the Criminal Code prohibiting genocide (18 U.S.C. 1091), torture (18
U.S.C. 2340A), war crimes (18 U.S.C. 2441), or recruitment or use of
child soldiers (18 U.S.C. 2442).
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969]
Editorial Note: For Federal Register citations affecting Sec. 0.55,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.fdsys.gov.
Sec. 0.56 Exclusive or concurrent jurisdiction.
The Assistant Attorney General in charge of the Criminal Division is
authorized to determine administratively whether the Federal Government
has exclusive or concurrent jurisdiction over offenses committed upon
lands acquired by the United States, and to consider problems arising
therefrom.
Sec. 0.57 Criminal prosecutions against juveniles.
The Assistant Attorney General in charge of the Criminal Division
and his Deputy Assistant Attorneys General are each authorized to
exercise the power and authority vested in the Attorney General by
sections 5032 and 5036 of title 18, United States Code, relating to
criminal proceedings against juveniles. The Assistant Attorney General
in charge of the Criminal Division is authorized to redelegate any
function delegated to him under this section to United States Attorneys
and to the Chief of the Section within the Criminal Division which
supervises the implementation of the Juvenile Justice and Delinquency
Prevention Act (18 U.S.C. 5031 et seq.).
[Order No. 579-74, 39 FR 37771, Oct. 24, 1974, as amended by Order No.
894-80, 45 FR 34269, May 22, 1980]
Sec. 0.58 Delegation respecting payment of benefits for disability or
death of law enforcement officers not employed by the United States.
The Assistant Attorney General in charge of the Criminal Division
and his Deputy Assistant Attorneys General are each authorized to
exercise or perform any of the functions or duties conferred upon the
Attorney General by the Act to Compensate Law Enforcement Officers not
Employed by the United States Killed or Injured While Apprehending
Persons Suspected of Committing Federal Crimes (5 U.S.C. 8191, 8192,
8193). The Assistant Attorney General in charge of the Criminal Division
is authorized to redelegate any function delegated to him under this
section to the Chief of the Section within the Criminal Division
[[Page 37]]
which supervises the implementation of the aforementioned Compensation
Act.
[Order No. 1010-83, 48 FR 19023, Apr. 27, 1983]
Sec. 0.59 Certain certifications under 18 U.S.C. 3331 and 3503.
(a) The Assistant Attorney General in charge of the Criminal
Division is authorized to exercise or perform the functions or duties
conferred upon the Attorney General by section 3331 of title 18, United
States Code, to certify that in his judgment a special grand jury is
necessary in any judicial district of the United States because of
criminal activity within such district.
(b) The Assistant Attorney General in charge of the Criminal
Division and his Deputy Assistant Attorney Generals are each authorized
to exercise or perform the functions or duties conferred upon the
Attorney General by section 3503 of title 18, United States Code, to
certify that the legal proceeding, in which a motion to take testimony
by deposition is made, is against a person who is believed to have
participated in an organized criminal activity, where the subject matter
of the case or proceeding in which the motion is sought is within the
cognizance of the Criminal Division pursuant to Sec. 0.55, or is not
within the cognizance of the Civil Rights Division.
[Order No. 452-71, 36 FR 2601, Feb. 9, 1971, as amended by Order No.
511-73, 38 FR 8152, Mar. 29, 1973]
Sec. Sec. 0.61-0.62 [Reserved]
Sec. 0.63 Delegation respecting admission and naturalization of
certain aliens.
(a) The Assistant Attorney General in charge of the Criminal
Division and the Deputy Assistant Attorney General, Criminal Division,
are each authorized to exercise the power and authority vested in the
Attorney General by section 7 of the Central Intelligence Agency Act of
1949, as amended, 50 U.S.C. 403h, with respect to entry of certain
aliens into the United States for permanent residence.
(b) The Assistant Attorney General in charge of the Criminal
Division and the Deputy Assistant Attorneys General, Criminal Division,
are each authorized to exercise the power and authority vested in the
Attorney General by section 316(f) of the Immigration and Nationality
Act, 8 U.S.C. 1427(f), with respect to the naturalization of certain
foreign intelligence sources.
[Order No. 1556-92, 57 FR 1643, Jan. 15, 1992]
Sec. 0.64 [Reserved]
Sec. 0.64-1 Central or Competent Authority under treaties and executive
agreements on mutual assistance in criminal matters.
The Assistant Attorney General, Criminal Division, in consultation
with the Assistant Attorney General for National Security in matters
related to the National Security Division's activities, shall have the
authority and perform the functions of the ``Central Authority'' or
``Competent Authority'' (or like designation) under treaties and
executive agreements between the United States of America and other
countries on mutual assistance in criminal matters that designate the
Attorney General or the Department of Justice as such authority. The
Assistant Attorney General, Criminal Division, is authorized to re-
delegate this authority to the Deputy Assistant Attorneys General,
Criminal Division, and to the Director and Deputy Directors of the
Office of International Affairs, Criminal Division.
[Order No. 2865-2007, 72 FR 10065, Mar. 7, 2007]
Sec. 0.64-2 Delegation respecting transfer of offenders to or from
foreign countries.
The Assistant Attorney General, Criminal Division, in consultation
with the Assistant Attorney General for National Security in matters
related to the National Security Division's activities, is authorized to
exercise all of the power and authority vested in the Attorney General
under 18 U.S.C. 4102 that has not been delegated to the Director of the
Bureau of Prisons under 28 CFR 0.96b, including specifically the
authority to find appropriate or inappropriate the transfer of offenders
to or from a foreign country under a treaty as referred to in Public Law
95-144. The Assistant Attorney General, Criminal Division is authorized
to redelegate
[[Page 38]]
this authority within the Criminal Division to the Deputy Assistant
Attorneys General, the Director of the Office of Enforcement Operations,
and the Senior Associate Director and Associate Directors of the Office
of Enforcement Operations.
[Order No. 2865-2007, 72 FR 10065, Mar. 7, 2007]
Sec. 0.64-3 Delegation respecting designation of certain Department of
Agriculture employees (Tick Inspectors) to carry and use firearms.
The Assistant Attorney General in charge of the Criminal Division is
authorized to exercise all the power and authority vested in the
Attorney General under section 2274 of title 7, U.S. Code, concerning
the designation of certain Department of Agriculture employees (Tick
Inspectors) to carry and use firearms. This delegation includes the
power and authority to issue, with the Department of Agriculture, joint
rules and regulations pertaining to the carrying and use of such
firearms, which would, when promulgated, supersede the existing
regulations pertaining to the carrying and use of firearms by Tick
Inspectors, promulgated by the Attorney General and contained in
Attorney General's Order No. 1059-84. The Assistant Attorney General in
charge of the Criminal Division is authorized to redelegate all of this
authority under section 2274 to his Deputy Assistant Attorneys General
and appropriate Office Directors and Section Chiefs.
[Order No. 1064-84, 49 FR 35934, Sept. 13, 1984]
Sec. 0.64-4 Delegation respecting temporary transfers, in custody, of
certain prisoner-witnesses from a foreign country to the United States
to testify in Federal or State criminal proceedings.
The Assistant Attorney General, Criminal Division, in consultation
with the Assistant Attorney General for National Security in matters
related to the National Security Division's activities, is authorized to
exercise all of the power and authority vested in the Attorney General
under 18 U.S.C. 3508 that has not been delegated to the Director of the
United States Marshals Service under 28 CFR 0.111a, including
specifically the authority to determine whether and under what
circumstances temporary transfer of a prisoner-witness to the United
States is appropriate or inappropriate; to determine the point at which
the witness should be returned to the transferring country; and to enter
into appropriate agreements with the transferring country regarding the
terms and conditions of the transfer. The Assistant Attorney General,
Criminal Division is authorized to redelegate this authority within the
Criminal Division to the Deputy Assistant Attorneys General and to the
Director and Deputy Directors of the Office of International Affairs.
[Order No. 2865-2007, 72 FR 10066, Mar. 7, 2007]
Sec. 0.64-5 Policy with regard to bringing charges under the Economic
Espionage Act of 1996, Pub. L. 104-294, effective October 11, 1996.
The United States may not file a charge under 18 U.S.C. 1831 of the
Economic Espionage Act of 1996 (the ``EEA'') (18 U.S.C. 1831 et seq.),
or use a violation under section 1831 of the EEA as a predicate offense
under any other law, without the personal approval of the Attorney
General, the Deputy Attorney General, the Assistant Attorney General for
National Security, or the Assistant Attorney General, Criminal Division
(or the Acting official in each of these positions if a position is
filled by an Acting official). Violations of this regulation are
appropriately sanctionable and will be reported by the Attorney General
to the Senate and House Judiciary Committees. Responsibility for
reviewing proposed charges under section 1831 of the EEA rests with the
Counterespionage Section of the National Security Division, which will
consult, as necessary, with the Computer Crime and Intellectual Property
Section of the Criminal Division. This regulation shall remain in effect
until October 11, 2011.
[Order No. 2865-2007, 72 FR 10066, Mar. 7, 2007]
[[Page 39]]
Sec. Appendix to Subpart K of Part 0
Criminal Division
[Directive 8-75]
Editorial Note: Criminal Division Directive 8-75, was superseded by
Criminal Division Directive 58, appearing at 44 FR 18661, Mar. 29, 1979.
[Directive 58]
Delegation Respecting Denial of Information Requests
The Assistant Attorney General in charge of the Criminal Division,
hereby, delegates pursuant to 28 CFR 16.5(b) (as amended March 1, 1975)
and 28 CFR 16.45(a), his authority under those sections to deny a
request for information under 5 U.S.C. 552(a) or 5 U.S.C. 552a to the
Director and Associate Director of the Office of Legal Support Services
of the Criminal Division and to the Deputy Assistant Attorney General of
the Criminal Division who supervises that Office. The Director,
Associate Director, or Deputy Assistant Attorney General making the
denial shall be the ``person responsible for the denial,'' within the
meaning of 5 U.S.C. 552(a).
[Directive No. 73]
Redelegation of Authority to Deputy Assistant Attorneys General and
Director of the Office of International Affairs Respecting Transfer of
Offenders to and From Foreign Countries
By virtue of the authority vested in me by Sec. 0.64 -2 of title 28
of the Code of Federal Regulations, the authority delegated to me by
that section to exercise all of the power and authority vested in the
Attorney General under Section 4102 of title 18, U.S. Code, which has
not been delegated to the Director of the Bureau of Prisons, including
specifically the authority to find the transfer of offenders to or from
a foreign country under a treaty as referred to in Public Law 95-44
appropriate or inappropriate, is hereby redelegated to each of the
Deputy Assistant Attorneys General and the Director of the Office of
International Affairs of the Criminal Division.
[Directive No. 81A]
Redelegation of Authority to Deputy Assistant Attorneys General and
Director and Deputy Directors of the Office of International Affairs
Regarding Authority To Act as Central Authority or Competent Authority
Under Treaties and Executive Agreements on Mutual Assistance in Criminal
Matters
By virtue of the authority vested in me by Sec. 0.64-1 of title 28
of the Code of Federal Regulations, the Authority delegated to me by
that section to exercise all of the power and authority vested in the
Attorney General under treaties and executive agreements on mutual
assistance in criminal matters is hereby redelegated to each of the
Deputy Assistant Attorneys General, to the Director of the Office of
International Affairs and to each of the Deputy Directors of the Office
of International Affairs, Criminal Division.
[Directive No. 81B]
Redelegation of Authority to Deputy Assistant Attorneys General and
Director and Deputy Directors of the Office of International Affairs
Respecting Temporary Transfers, in Custody, of Certain Prisoner-
Witnesses from a Foreign Country to the United States .
By virtue of the authority vested in me by 28 CFR 0.64-4, the
authority delegated to me by that section to exercise all of the power
and authority vested in the Attorney General under section 3508 of title
18, United States Code, which has not been delegated to the Director,
United States Marshals Service under 28 CFR 0.111a, is hereby
redelegated to each of the Deputy Assistant Attorneys General, and to
the Director and each of the Deputy Directors of the Office
International Affairs, Criminal Division.
[44 FR 18661, Mar. 29, 1979, as amended at 45 FR 6541, Jan. 29, 1980; 48
FR 54595, Dec. 6, 1983; 59 FR 42161, Aug. 17, 1994; 59 FR 46550, Sept.
9, 1994]
Subpart L_Environment and Natural Resources Division
Source: Order No. 423-69, 34 FR 20388, Dec. 31, 1969, unless
otherwise noted. Redesignated by Order No. 2865-2007, 72 FR 10066, Mar.
7, 2007.
Sec. 0.65 General functions.
The following functions are assigned to and shall be conducted,
handled, or supervised by the Assistant Attorney General in charge of
the Environment and Natural Resources Division:
(a) Civil suits and matters in Federal and State courts (and
administrative tribunals), by or against the United States, its
agencies, officers, or contractors, or in which the United States has an
interest, whether for specific or monetary relief, and also
nonlitigation matters, relating to:
(1) The public domain lands and the outer continental shelf of the
United States.
[[Page 40]]
(2) Other lands and interests in real property owned, leased, or
otherwise claimed or controlled, or allegedly impaired or taken, by the
United States, its agencies, officers, or contractors, including the
acquisition of such lands by condemnation proceedings or otherwise,
(3) The water and air resources controlled or used by the United
States, its agencies, officers, or contractors, without regard to
whether the same are in or related to the lands enumerated in paragraphs
(a) (1) and (2) of this section, and
(4) The other natural resources in or related to such lands, water,
and air,
except that the following matters which would otherwise be included in
such assignment are excluded therefrom:
(i) Suits and matters relating to the use or obstruction of
navigable waters or the navigable capacity of such waters by ships or
shipping thereon, the same being specifically assigned to the Civil
Division;
(ii) Suits and matters involving tort claims against the United
States under the Federal Tort Claims Act and special acts of Congress,
the same being specifically assigned to the Civil Division;
(iii) Suits and matters involving the foreclosure of mortgages and
other liens held by the United States, the same being specifically
assigned to the Civil and Tax Divisions according to the nature of the
lien involved;
(iv) Suits arising under 28 U.S.C. 2410 to quiet title or to
foreclose a mortgage or other lien, the same being specifically assigned
to the Civil and Tax Divisions according to the nature of the lien held
by the United States, and all other actions arising under 28 U.S.C. 2410
involving federal tax liens held by the United States, which are
specifically assigned to the Tax Division;
(v) Matters involving the immunity of the Federal Government from
State and local taxation specifically delegated to the Tax Division by
Sec. 0.71.
(b) Representation of the interests of the United States in all
civil litigation in Federal and State courts, and before the Indian
Claims Commission, pertaining to Indians, Indian tribes, and Indian
affairs, and matters relating to restricted Indian property, real or
personal, and the treaty rights of restricted Indians (except matters
involving the constitutional and civil rights of Indians assigned to the
Civil Rights Division by subpart J of this part).
(c) Rendering opinions as to the validity of title to all lands
acquired by the United States, except as otherwise specified by statute.
(d) Civil and criminal suits and matters involving air, water,
noise, and other types of pollution, the regulation of solid wastes,
toxic substances, pesticides under the Federal Insecticide, Fungicide,
and Rodenticide Act, and the control of the environmental impacts of
surface coal mining.
(e) Civil and criminal suits and matters involving obstructions to
navigation, and dredging or filling (33 U.S.C. 403).
(f) Civil and criminal suits and matters arising under the Atomic
Energy Act of 1954 (42 U.S.C. 2011, et seq.) insofar as it relates to
the prosecution of violations committed by a company in matters
involving the licensing and operations of nuclear power plants.
(g) Civil and criminal suits and matters relating to the natural and
biological resources of the coastal and marine environments, the outer
continental shelf, the fishery conservation zone and, where permitted by
law, the high seas.
(h) Performance of the Department's functions under Sec. 706.5 of
the regulations for the prevention of conflict of interests promulgated
by the Secretary of the Interior under the authority of the Surface
Mining Control and Reclamation Act of 1977, section 201(f), 91 Stat.
450, and contained in 30 CFR part 706.
(i) Conducting the studies of processing sites required by section
115(b) of the Uranium Mill Tailings Radiation Control Act of 1978,
publishing the results of the studies and furnishing the results thereof
to the Congress.
(j) Criminal suits and civil penalty and forfeiture actions relating
to wildlife law enforcement under 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
[[Page 41]]
Black Bass Act (16 U.S.C. 851-856); the Airborne Hunting Act (16 U.S.C.
742j-1); the Migratory Bird Act (16 U.S.C. 701, et seq.); the Wild
Horses and Wild Burros Act (16 U.S.C. 1331-1340); the Bald and Golden
Eagle Protection Act (16 U.S.C. 668-668d); and the Fish and Wildlife
Coordination Act (16 U.S.C. 661 et seq.).
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
540-73, 38 FR 26910, Sept. 27, 1973; Order No. 699-77, 42 FR 15315, Mar.
21, 1977; Order No. 764-78, 43 FR 3115, Jan. 23, 1978; Order No. 809-78,
43 FR 55394, Nov. 28, 1978; Order No. 960-81, 46 FR 52346, Oct. 27,
1981; Order No. 1083-85, 50 FR 8607, Mar. 4, 1985]
Sec. 0.65a Litigation involving Environmental Protection Agency.
With respect to any matter assigned to the Environment and Natural
Resources Division in which the Environmental Protection Agency is a
party, the Assistant Attorney General in charge of the Environment and
Natural Resources Division, and such members of his staff as he may
specifically designate in writing, are authorized to exercise the
functions and responsibilities undertaken by the Attorney General in the
Memorandum of Understanding between the Department of Justice and the
Environmental Protection Agency (42 FR 48942), except that subpart Y of
this part shall continue to govern as authority to compromise and close
civil claims in such matters.
[Order No. 764-78, 43 FR 3115, Jan. 23, 1978]
Sec. 0.66 Delegation respecting title opinions.
(a) The Assistant Attorney General in charge of the Environment and
Natural Resources Division or such members of his staff as he may
specifically designate in writing, are authorized to sign the name of
the Attorney General to opinions on the validity of titles to property
acquired by or on behalf of the United States, except those which, in
the opinion of the Assistant Attorney General involve questions of
policy or for any other reason require the personal attention of the
Attorney General.
(b) Pursuant to the provisions of section 1 of Public Law 91-393,
approved September 1, 1970, 84 Stat. 835, the Assistant Attorney General
in charge of the Environment and Natural Resources Division is
authorized:
(1) To exercise the Attorney General's power of delegating to other
departments and agencies his (the Attorney General's) responsibility for
approving the title to lands acquired by them,
(2) With respect to delegations so made to other departments and
agencies, to exercise the Attorney General's function of general
supervision regarding the carrying out by such departments and agencies
of the responsibility so entrusted to them, and
(3) To promulgate regulations and any appropriate amendments thereto
governing the approval of land titles by such departments and agencies.
[Order No. 440-70, 35 FR 16084, Oct. 14, 1970]
Sec. 0.67 Delegation respecting conveyances for public-airport purposes.
The Assistant Attorney General in charge of the Environment and
Natural Resources Division, and such members of his staff as he may
specifically designate in writing, are authorized to exercise the power
and authority vested in the Attorney General by section 23(b) of the
Airport and Airway Development Act of 1970 (84 Stat. 219; 49 U.S.C.
1723) with respect to approving the performance of acts and execution of
instruments necessary to make the conveyances requested in carrying out
the purposes of that section, except those acts and instruments which,
in the opinion of the Assistant Attorney General, involve questions of
policy or for any other reason require the personal attention of the
Attorney General.
[Order No. 468-71, 36 FR 20428, Oct. 22, 1971]
Sec. 0.68 Delegation respecting mineral leasing.
The Assistant Attorney General in charge of the Environment and
Natural Resources Division, and such members of his staff as he may
specifically designate in writing, are authorized to execute the power
and authority of the Attorney General under the provisions of section 3
of the act of August 7, 1947, 61 Stat. 914, 30 U.S.C. 352, respecting
the leasing of minerals on lands under
[[Page 42]]
the jurisdiction of the Department of Justice.
[Order No. 542-73, 38 FR 28289, Oct. 12, 1973]
Sec. 0.69 Delegation of authority to make determinations and grants.
The Assistant Attorney General in charge of the Environment and
Natural Resources Division, or such members of his staff as he may
specifically designate in writing, are authorized to exercise the power
and authority vested in the Attorney General by Public Law 87-852,
approved October 23, 1962 (40 U.S.C. 319), with respect to making the
determinations and grants necessary in carrying out the purposes of that
Act, except those acts and instruments which in the opinion of the
Assistant Attorney General involve questions of policy or for any other
reason require the personal attention of the Attorney General.
[Order No. 736-77, 42 FR 38177, July 27, 1977]
Sec. 0.69a Delegation respecting approval of conveyances.
The Assistant Attorney General in charge of the Environment and
Natural Resources Division, and such members of his staff as he may
specifically designate in writing, are authorized to exercise the power
and authority vested in the Attorney General by the Act of June 4, 1934,
48 Stat. 836, with respect to approving the making or acceptance of
conveyances by the Secretary of the Interior on behalf of the United
States.
[Order No. 947-81, 46 FR 29931, June 4, 1981]
Sec. 0.69b Delegation of authority respecting conveyances for public airports.
The Assistant Attorney General in charge of the Environment and
Natural Resources Division, and such members of his staff as he may
specifically designate in writing, are authorized to exercise the power
and authority vested in the Attorney General of section 516(b) of The
Airport and Airway Improvement Act of 1982 (96 Stat. 671, 692) with
respect to approving the performance of acts and execution of
instruments necessary to make the conveyance requested in carrying out
the purposes of that section, except those acts and instruments which in
the opinion of the Assistant Attorney General, involve questions of
policy or for any other reason require the personal attention of the
Attorney General.
[Order No. 1069-84, 49 FR 39843, Oct. 11, 1984]
Sec. 0.69c Litigation involving the Resource Conservation and Recovery Act.
(a) The authority to receive complaints served upon the Attorney
General pursuant to section 401 of the Hazardous Waste Amendments of
1984 (Pub. L. 616, 98th Cong.; 42 U.S.C. 6872(b)(2)(F)) is hereby
delegated to the Assistant Attorney General, Environment and Natural
Resources Division. Every plaintiff required to serve upon the Attorney
General a copy of their complaint, should do so by sending a copy of the
complaint, together with all attachments thereto required by the Federal
Rules of Civil Procedure and the Local Rules for the Federal District
Court in which the complaint if filed, via first class mail, to the
Assistant Attorney General, Environment and Natural Resources Division,
U.S. Department of Justice, NW., Washington, DC 20530.
(b) Services pursuant to section 401 shall be deemed effective upon
the date the complaint is received by the Assistant Attorney General.
[Order No. 1099-85, 50 FR 26198, June 25, 1985]
Subpart M_Tax Division
Source: Order No. 423-69, 34 FR 20388, Dec. 31, 1969, unless
otherwise noted. Redesignated by Order No. 2865-2007, 72 FR 10066, Mar.
7, 2007.
Sec. 0.70 General functions.
The following functions are assigned to and shall be conducted,
handled, or supervised by, the Assistant Attorney General, Tax Division:
(a) Prosecution and defense in all courts, other than the Tax Court,
of civil suits, and the handling of other matters, arising under the
internal revenue laws, and litigation resulting from the taxing
provisions of other Federal statutes (except civil forfeiture and civil
penalty matters arising under
[[Page 43]]
laws relating to liquor, narcotics, gambling, and firearms assigned to
the Criminal Division by Sec. 0.55(d)).
(b) Criminal proceedings arising under the internal revenue laws,
except the following: Proceedings pertaining to misconduct of Internal
Revenue Service personnel, to taxes on liquor, narcotics, firearms,
coin-operated gambling and amusement machines, and to wagering, forcible
rescue of seized property (26 U.S.C. 7212(b)), corrupt or forcible
interference with an officer or employee acting under the Internal
Revenue laws (26 U.S.C. 7212(a)), unauthorized disclosure of information
(26 U.S.C. 7213), and counterfeiting, mutilation, removal, or reuse of
stamps (26 U.S.C. 7208).
(c)(1) Enforcement of tax liens, and mandamus, injunctions, and
other special actions or general matters arising in connection with
internal revenue matters.
(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 to an action as
the result of the existence of a Federal tax lien, including the defense
of other actions arising under section 2410, if any, involving the same
property whenever a tax-lien action is pending under that section.
(d) Appellate proceedings in connection with civil and criminal
cases enumerated in paragraphs (a) through (c) of this section and in
Sec. 0.71, including petitions to review decisions of the Tax Court of
the United States.
[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 52346, Oct. 27, 1981]
Sec. 0.71 Delegation respecting immunity matters.
The Assistant Attorney General in charge of the Tax Division is
authorized to handle matters involving the immunity of the Federal
Government from State or local taxation (except actions to set aside ad
valorem taxes, assessments, special assessments, and tax sales of
Federal real property, and matters involving payments in lieu of taxes),
as well as State or local taxation involving contractors performing
contracts for or on behalf of the United States.
Subpart N_National Security Division
Source: Order No. 2865-2007, 72 FR 10066, Mar. 7, 2007, unless
otherwise noted.
Sec. 0.72 National Security Division.
The following functions are assigned to and shall be conducted,
handled, or supervised by the Assistant Attorney General for National
Security:
(a) General functions. (1) Advise the Attorney General, the Office
of Management and Budget, and the White House, and brief Congress, as
appropriate, on matters relating to the national security activities of
the United States, and ensure that all of the Department's national
security activities are effectively coordinated;
(2) Develop, enforce, and supervise the application of all federal
criminal laws related to the national counterterrorism and
counterespionage enforcement programs, except those specifically
assigned to other Divisions;
(3) Represent the Department on interdepartmental boards,
committees, and other groups dealing with national security,
intelligence, or counterintelligence matters;
(4) Oversee the development, coordination, and implementation of
Department policy, in conjunction with other components of the
Department as appropriate, with regard to intelligence,
counterintelligence, or national security matters;
(5) Provide legal assistance and advice, in coordination with the
Office of Legal Counsel as appropriate, to Government agencies on
matters of national security law and policy;
(6) Administer the Foreign Intelligence Surveillance Act;
(7) Prosecute Federal crimes involving national security, foreign
relations, and terrorism, and coordinate the Department's activities and
advice on all issues with respect to the Foreign Intelligence
Surveillance Act of 1978, as amended, and the Classified Information
Procedures Act arising in connection with any such prosecutions;
[[Page 44]]
(8) Prosecute and coordinate prosecutions and investigations
targeting individuals and organizations involved in terrorist acts at
home or against U.S. persons or interests abroad, or that assist in the
financing of or providing support to those acts;
(9) Except in the case of emergencies where there is an immediate
threat to life or property, review for concurrence the Department's use
of criminal proceedings in connection with all matters relating to
intelligence, counterintelligence, or counterterrorism. Such criminal
proceedings include, but are not limited to, grand jury proceedings, the
filing of search and arrest warrants or applications for electronic
surveillance pursuant to 18 U.S.C. 2510 et seq. and 18 U.S.C. 2701 et
seq., the filing of complaints, the return of indictments, criminal
forfeiture proceedings, and appeals;
(10) Evaluate Departmental activities and existing and proposed
domestic and foreign intelligence, counterintelligence, or national
security activities to determine their consistency with United States
national security policies and law;
(11) Formulate policy alternatives and recommend action by the
Department and other executive agencies in achieving lawful United
States intelligence, counterintelligence, or national security
objectives;
(12) Analyze and interpret current statutes, executive orders,
guidelines, and other directives pertaining to intelligence,
counterintelligence, or national security matters;
(13) Formulate legislative initiatives, policies, and guidelines
relating to intelligence, counterintelligence, or national security
matters;
(14) Review and comment upon proposed statutes, guidelines, and
other directives with regard to national security matters, and, in
conjunction with the Office of Legal Counsel, review and comment upon
the form and legality of proposed executive orders that touch upon
matters related to the function of this Division;
(15) Provide training for Departmental components on legal topics
related to intelligence, counterintelligence, or national security
matters;
(16) Advise, assist, coordinate with, and train those in the law
enforcement community, including federal, state, and local prosecutors,
investigative agencies, and foreign criminal justice entities (provided
that any training of foreign criminal justice entities should be
conducted in coordination with the Criminal Division);
(17) Provide oversight of intelligence, counterintelligence, or
national security matters by executive branch agencies to ensure
conformity with applicable law, executive branch regulations, and
Departmental objectives and report to the Attorney General on such
activities;
(18) Supervise the preparation of the National Security Division's
submission for the annual budget;
(19) Serve as primary liaison to the Director of National
Intelligence for the Department of Justice;
(20) Represent the Department on the Committee on Foreign
Investments in the United States; and
(21) Perform other duties pertaining to intelligence,
counterintelligence, counterterrorism, or national security matters as
may be assigned by the Attorney General or the Deputy Attorney General.
(b) Functions related to intelligence policy and operations. (1)
Advise and assist the Attorney General in carrying out his
responsibilities under Executive Order 12333, ``United States
Intelligence Activities,'' and other statutes, executive orders, and
authorities related to intelligence, counterintelligence, or national
security matters;
(2) Supervise the preparation of certifications and applications for
orders under the Foreign Intelligence Surveillance Act of 1978, as
amended, and the representation of the United States before the United
States Foreign Intelligence Surveillance Court and the United States
Foreign Intelligence Court of Review;
(3) Participate in the development, implementation, and review of
United States intelligence, counterintelligence, and national security
policies, including procedures for the conduct of intelligence,
counterintelligence, or national security activities;
(4) Supervise sensitive areas of law enforcement related to the
activities of
[[Page 45]]
the National Security Division, except for tasks assigned to other
Divisions; and
(5) Recommend action by the Department of Justice with regard to
applications under the Foreign Intelligence Surveillance Act of 1978, as
amended, as well as with regard to other investigative activities by
executive branch agencies; and
(6) To the extent deemed appropriate by the Assistant Attorney
General for National Security, prepare periodic and special intelligence
reports describing and evaluating domestic and foreign intelligence and
counterintelligence activities and assessing trends or changes in these
activities.
(c) Functions related to counterterrorism. (1) Participate in the
systematic collection and analysis of data and information relating to
the investigation and prosecution of terrorism cases;
(2) Coordinate with Government departments and agencies to
facilitate prevention of terrorist activity through daily detection and
analysis and to provide information and support to the Offices of the
United States Attorneys;
(3) Prosecute matters involving counterterrorism;
(4) Prosecute terrorist financing matters, including material
support cases, through the Division's counterterrorism programs;
(5) Formulate legislative initiatives, policies, and guidelines
relating to terrorism;
(6) Prosecute matters involving torture, genocide, and war crimes to
the extent such matters involve the activities of the National Security
Division;
(7) Assist in the foreign terrorist organization designation process
with the Department of State, the Department of the Treasury, and the
components of the Department of Justice; and
(8) Provide legal advice to attorneys for the Government concerning
federal national security statutes, including but not limited to:
aircraft piracy and related offenses (49 U.S.C. 46501-07); aircraft
sabotage (18 U.S.C. 32); crimes against internationally protected
persons (18 U.S.C. 112, 878, 1116, 1201(a)(4)); sea piracy (18 U.S.C.
1651); hostage taking (18 U.S.C. 1203); terrorist acts abroad, including
murder, against United States nationals (18 U.S.C. 2332); acts of
terrorism transcending national boundaries (18 U.S.C. 2332b); conspiracy
within the United States to murder, kidnap, or maim persons or to damage
property overseas (18 U.S.C. 956); providing material support to
terrorists and terrorist organizations (18 U.S.C. 2339A, 2339B, 2339C);
and using biological, nuclear, chemical or other weapons of mass
destruction (18 U.S.C. 175, 831, 2332c, 2332a).
(d) Functions related to internal security. (1) Enforcement of all
criminal laws relating to subversive activities and kindred offenses
directed against the internal security of the United States, including
the laws relating to treason, sabotage, espionage, and sedition;
enforcement of the Foreign Assets Control Regulations issued under the
Trading With the Enemy Act (31 CFR 500.101 et seq.); criminal
prosecutions under the Atomic Energy Act of 1954, the Smith Act, the
neutrality laws, the Arms Export Control Act, the Federal Aviation Act
of 1958 (49 U.S.C. 1523) relating to offenses involving the security
control of air traffic, and 18 U.S.C. 799 and criminal prosecutions for
offenses, such as perjury and false statements, arising out of offenses
relating to national security;
(2) Administration and enforcement of the Foreign Agents
Registration Act of 1938, as amended; the Act of August 1, 1956, 70
Stat. 899 (50 U.S.C. 851-857), including the determination in writing
that the registration of any person coming within the purview of that
Act would not be in the interest of national security; and the Voorhis
Act (18 U.S.C. 2386);
(3) Administration and enforcement of the Internal Security Act of
1950, as amended;
(4) Conduct of civil proceedings seeking exclusively equitable
relief against laws, investigations or administrative actions designed
to protect the national security (including without limitation personnel
security programs and the foreign assets control program);
(5) Interpretation of Executive Order 10450 of April 27, 1953, as
amended, and
[[Page 46]]
advising other departments and agencies in connection with the
administration of the federal employees security program, including the
designation of organizations as required by the order; the
interpretation of Executive Order 10501 of November 5, 1953, as amended,
and of regulations issued thereunder in accordance with section 11 of
that order; and the interpretation of Executive Order 10865 of February
20, 1960;
(6) Conduct of libels and civil penalty actions (including petitions
for remission or mitigation of civil penalties and forfeitures, offers
in compromise and related proceedings) arising out of violations of the
Trading with the Enemy Act, the neutrality statutes, and the Arms Export
Control Act;
(7) Enforcement and administration of the provisions of 2 U.S.C.
441e, relating to contributions by foreign nationals;
(8) Enforcement and administration of the provisions of 18 U.S.C.
219, relating to officers and employees of the United States acting as
agents of foreign principals; and
(9) Enforcement and administration of criminal matters arising under
the Military Selective Service Act of 1967.
(e) Relationship to other offices. Nothing in this subpart shall be
construed as affecting the functions or overriding the authority of the
Office of Legal Counsel as established by 28 CFR 0.25.
Subpart O_Justice Management Division
Sec. 0.75 Policy functions.
The Assistant Attorney General for Administration shall head the
Justice Management Division and shall provide advice relating to basic
Department policy for budget and financial management, program
evaluation, auditing, personnel management and training, procurement,
information processing and telecommunications, security and for all
matters pertaining to organization, management, and administration. The
following matters are assigned to, and shall be conducted, handled, or
supervised by, the Assistant Attorney General for Administration:
(a) Conduct, direct, review, and evaluate management studies and
surveys of the Department's organizational structure, functions, and
programs, operating procedures and supporting systems, and management
practices throughout the Department; and make recommendations to reduce
costs and increase productivity.
(b) Supervise, direct, and review the preparation, justification and
execution of the Department of Justice budget, including the
coordination and control of the programming and reprogramming of funds.
(c) Review, analyze, and coordinate the Department's programs and
activities to ensure that the Department's use of resources and
estimates of future requirements are consistent with the policies,
plans, and mission priorities of the Attorney General.
(d) Plan, direct, and coordinate Department-wide personnel
management programs, and develop and issue Department-wide policy in all
personnel program areas, including training, position classification and
pay administration, staffing, employee performance evaluation, employee
development, employee relations and services, employee recognition and
incentives, equal employment opportunity programs, including the equal
opportunity recruitment program (5 U.S.C. 7201), personnel program
evaluation, labor management relations, adverse action hearings and
appeals, employee grievances, and employee health programs.
(e) Develop and direct Department-wide financial management
policies, programs, procedures, and systems including financial
accounting, planning, analysis, and reporting.
(f) Supervise and direct the operation of the Department's central
payroll system, automated information services, publication services,
library services and any other Department-wide central services which
are established by or assigned to the Justice Management Division.
(g) Formulate and administer the General Administration
Appropriation of the Department's budget.
(h) Formulate Department-wide audit policies, standards and
procedures; develop, direct and supervise independent and comprehensive
internal audits, including examinations authorized by 28 U.S.C. 526, of
all organizations, programs, and functions of the
[[Page 47]]
Department, and audits of expenditures made under the Department's
contracts and grants to ensure compliance with laws, regulations and
generally accepted accounting principles; economy and efficiency in
operation; and that desired results are being achieved.
(i) Develop and direct a Department-wide directives management
program and administer the directives management system.
(j) Plan, direct, administer, and monitor compliance with
Department-wide policies, procedures, and regulations concerning
records, reports, procurement, printing, graphics, audiovisual
activities (including the approval or disapproval of production and
equipment requests), forms management, supply management, motor
vehicles, real and personal property, space assignment and utilization,
and all other administrative services functions.
(k) Formulate Department policies, standards, and procedures for
information systems and the management and use of automatic data
processing equipment; review the use and performance of information
systems with respect to Department objectives, plans, policies, and
procedures; provide technical leadership and support to new Department-
wide information systems; review and approve all contracts for
information processing let by the Department, and provide the final
review and approval of systems and procedures and standards for use of
data elements and codes.
(l) Formulate policies, standards, and procedures for Department
telecommunications systems and equipment and review their
implementation.
(m) Provide computer and digital telecommunications services on an
equitable resource-sharing basis to all organizational units within the
Department.
(n) Formulate Department policies for the use of consultants and
non-personal service contracts, review, and approve all nonpersonal
service contracts, and review the implementation of Department policies.
(o) Serve as liaison with state and local governments on management
affairs, and coordinate the Department's participation in Federal
regional interagency bodies.
(p) Direct all Department security programs including personnel,
physical, document, information processing and telecommunications,
special intelligence, and employee health and safety programs and
formulate and implement Department defense mobilization and contingency
planning.
(q) Review legislation for potential impact on the Department's
resources.
(r) Develop and implement a legal information coordination system
for the use of the Department of Justice and, as appropriate, the
Federal Government as a whole.
[Order No. 543-73, 38 FR 29585, Oct. 26, 1973, as amended by Order No.
565-74, 39 FR 15875, May 6, 1974; Order No. 699-77, 42 FR 15315, Mar.
21, 1977; Order No. 722-77, 42 FR 25499, May 18, 1977; Order No. 960-81,
46 FR 52346, Oct. 27, 1981]
Sec. 0.76 Specific functions.
The functions delegated to the Assistant Attorney General for
Administration by this subpart O shall also include the following
specific policy functions:
(a) Directing the Department's financial management operations,
including control of the accounting for appropriations and expenditures,
employment limitations, voucher examination and audit, overtime pay,
establishing per diem rates, promulgation of policies for travel,
transportation, and relocation expenses, and issuance of necessary
regulations pertaining thereto.
(b) Submission of requests to the Office of Management and Budget
for apportionment or reapportionment of appropriations, including the
determination, whenever required, that such apportionment or
reapportionment indicates the necessity for the submission of a request
for a deficiency or supplemental estimate, and to make allotments to
organizational units of the Department of funds made available to the
Department within the limits of such apportionments or reapportionments
(31 U.S.C. 665).
(c) Approving per diem allowances for travel by airplane, train or
boat outside the continental United States in accordance with paragraph
1-7.2 of the Federal Travel Regulations (FPMR 101-7).
[[Page 48]]
(d) Exercising the claims settlement authority under the Federal
Claims Collection Act of 1966 (31 U.S.C. 952).
(e) Authorizing payment of actual expense of subsistence (5 U.S.C.
5702(c)).
(f) Prescribing regulations providing for premium pay pursuant to 5
U.S.C. 5541-5550a.
(g) Settling and authorizing payment of employee claims under the
Military and Civilian Employees' Claims Act of 1964, as amended (31
U.S.C. 240-243).
(h) Submitting requests to the Comptroller General for decisions (31
U.S.C. 74, 82d) and deciding questions involving the payment of $25 or
less (Comp. Gen. B-161457, July 14, 1976).
(i) Making determinations with respect to employment and wages under
section 3122 of the Federal Insurance Contributions Act (26 U.S.C.
3122).
(j) Excluding the Office of Justice Assistance, Research and
Statistics, supervising and directing the Department's procurement and
contracting functions and assuring that equal employment opportunity is
practiced by the Department's contractors and subcontractors and in
federally assisted programs under the Department's control.
(k) Designating Contracts Compliance Officers pursuant to Executive
Order 11246, as amended.
(l) Making the certificate required with respect to the necessity
for including illustrations in printing (44 U.S.C. 1104).
(m) Making the certificates with respect to the necessity of long
distance telephone calls (31 U.S.C. 680a).
(n) Making certificates of need for space (68 Stat. 518, 519).
(o) Exercising, except for the authority conferred in Sec. Sec.
0.15(b)(1), 0.19(a)(1), 0.137, and 0.138 of this part, the power and
authority vested in the Attorney General to take final action on matters
pertaining to the employment, separation, and general administration of
personnel in General Schedule grade GS-1 through GS-15, and in wage
board positions; classify positions in the Department under the General
Schedule and wage board systems regardless of grade; postaudit and
correct any personnel action within the Department; and inspect at any
time any personnel operations of the various organizational units of the
Department.
(p) Selecting and assigning employees for training by, in, or
through non-Government facilities, paying the expenses of such training
or reimbursing employees therefor, and preparing and submitting the
required annual report to the Office of Personnel Management (5 U.S.C.
4103-4118).
(q) Exercising authority for the temporary employment of experts or
consultants of organizations thereof, including stenographic reporting
services (5 U.S.C. 3109(b)).
(r) Providing assistance in furnishing information to the public
under the Public Information Section of the Administrative Procedure Act
(5 U.S.C. 552).
(s) Representing the Department in its contacts on matters relating
to administration and management with the Congressional Appropriations
Committees, Office of Management and Budget, the General Accounting
Office, the Office of Personnel Management, the General Services
Administration, the Joint Committee on Printing, the Government Printing
Office and all other Federal departments and agencies.
(t) Taking final action, including making all required
determinations and findings, in connection with the acquisition of real
property for use by the Department of Justice.
(u) Perform functions with respect to the operation, maintenance,
repair, preservation, alteration, furnishing, equipment and custody of
buildings occupied by the Department of Justice as delegated by the
Administrator of the General Services Administration.
(v) Implementing Office of Management and Budget Circular No. A-76,
``Performance of Commercial Activities''.
[Order No. 543-73, 38 FR 29585, Oct. 26, 1973]
Editorial Note: For Federal Register citations affecting Sec. 0.76,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.fdsys.gov.
Sec. 0.77 Operational functions.
The Assistant Attorney General for Administration shall provide all
direct administrative support services to the
[[Page 49]]
Offices, Boards and Divisions of the Department and to the U.S. Marshals
Service, except where independent administrative authority has been
conferred. These services shall include the following:
(a) Planning, directing and coordinating the personnel management
program; providing personnel services including employment and staffing,
employee relations, and classification, and including the employment,
separation and general administration of employees, except attorneys, in
General Schedule grades GS-15 and below, or equivalent pay levels.
(b) Formulating policies and plans for efficient administrative
management and organization and developing and coordinating all
management studies and reports on the operations of the Offices,
Divisions and Boards.
(c) Planning, justifying, and compiling the annual and supplemental
budget estimates of the Offices, Divisions and Boards.
(d) Planning, directing and executing accounting operations for the
Offices, Divisions and Boards.
(e) Providing information systems analysis, design, computer
programming, and systems implementation services consistent with
Departmental information systems plans, policies and procedures.
(f) Implementing and administering management programs for the
creation, organization, maintenance, use, and disposition of Federal
records, and providing mail and messenger service.
(g) Implementing and administering programs for procurement,
personal property, supply, motor vehicle, space management, and
operations and management of buildings as delegated by the Administrator
of the General Services Administration.
(h) Operating and maintaining the Department Library.
(i) Routing and controlling correspondence, maintaining indices of
legal cases and matters, replying to correspondence not assignable to a
division, safeguarding confidential information, attesting to the
correctness of records, and related matters.
(j) Accepting service of summonses, complaints, or other papers,
including, without limitation, subpoenas, directed to the Attorney
General in his official capacity, as a representative of the Attorney
General, under the Federal Rules of Civil and Criminal Procedure or in
any suit within the purview of subsection (a) of section 208 of the
Department of Justice Appropriation Act, 1953 (66 Stat. 560 (43 U.S.C.
666(a))).
(k) Making the certificates required in connection with the payment
of expenses of collecting evidence: Provided, That each such certificate
shall be approved by the Attorney General.
(l) Taking final action, including making all required
determinations and findings, in connection with negotiated purchases and
contracts as provided in 41 U.S.C. 252(c) (1) through (11), (14), (15)
except that the authority provided in 41 U.S.C. 252(c)(11) shall be
limited not to exceed an expenditure of $25,000 per contract and shall
not be further delegated.
(m) Serving as Contracting Officer for the Offices, Boards and
Divisions, with authority of redelegation to the Deputy Assistant
Attorney General, Office of Personnel and Administration, Justice
Management Division. The authority so delegated includes the authority
of redelegation to subordinates and to officials within the Offices,
Boards and Divisions.
(n) Authorizing payment of extraordinary expenses incurred by
ministerial officers of the United States in executing acts of Congress
(28 U.S.C. 1929).
(o) Representing the Attorney General with the Secretary of State in
arranging for reimbursement by foreign governments of expenses incurred
in extradition cases, and certifying to the Secretary the amounts to be
paid to the United States as reimbursement (18 U.S.C. 3195).
[Order No. 565-74, 39 FR 15876, May 6, 1974, as amended by Order No.
699-77, 42 FR 15315, Mar. 21, 1977; Order No. 722-77, 42 FR 25499, May
18, 1977; Order No. 960-81, 46 FR 52347, Oct. 27, 1981; Order No. 996-
83, 48 FR 7171, Feb. 18, 1983; Order No. 1001-83, 48 FR 9524, Mar. 7,
1983; Order No. 1977-95, 60 FR 36711, July 18, 1995]
Sec. 0.78 Implementation of financial disclosure requirements.
The Assistant Attorney General for Administration shall serve as the
designated agency ethics official under
[[Page 50]]
title II of the Ethics in Government Act of 1978, 92 Stat. 1836, for
purposes of administering the public and confidential financial
disclosure programs applicable to officers and employees of the
Department of Justice. His duties shall include the following:
(a) Providing necessary report forms and other information to
officers and employees of the Department;
(b) Developing and maintaining a list of positions covered by the
public and confidential financial reporting requirements;
(c) Monitoring compliance by department officers and employees with
applicable requirements for filing and review of financial disclosure
reports;
(d) Providing for retention of reports and transmittal, where
necessary, of copies of reports to the Director of the Office of
Government Ethics;
(e) Establishing procedures for public access to reports filed under
title II of the Ethics in Government Act of 1978;
(f) Performing such other functions as may be necessary for the
effective implementation of title II of the Ethics in Government Act.
[Order No. 832-79, 44 FR 29891, May 23, 1979, as amended by Order No.
960-81, 46 FR 52347, Oct. 27, 1981]
Sec. 0.79 Redelegation of authority.
The Assistant Attorney General for Administration is authorized to
redelegate to any Department official any of the power or authority
vested in him by this subpart O. Existing redelegations by the Assistant
Attorney General for Administration shall continue in force and effect
until modified or revoked.
[Order No. 543-73, 38 FR 29585, Oct. 26, 1973. Redesignated by Order No.
565-74, 39 FR 15876, May 6, 1974, and further redesignated by Order No.
832-79, 44 FR 29891, May 23, 1979]
Subpart P_Federal Bureau of Investigation
Cross Reference: For regulations pertaining to the Federal Bureau of
Investigation, see part 3 of this chapter.
Sec. 0.85 General functions.
The Director of the Federal Bureau of Investigation shall:
(a) Investigate violations of the laws, including the criminal drug
laws, of the United States and collect evidence in cases in which the
United States is or may be a party in interest, except in cases in which
such responsibility is by statute or otherwise exclusively assigned to
another investigative agency. The Director's authority to investigate
violations of and collect evidence in cases involving the criminal drug
laws of the United States is concurrent with such authority of the
Administrator of the Drug Enforcement Administration under Sec. 0.100
of this part. In investigating violations of such laws and in collecting
evidence in such cases, the Director may exercise so much of the
authority vested in the Attorney General by sections 1 and 2 of
Reorganization Plan No. 1 of 1968, section 1 of Reorganization Plan No.
2 of 1973 and the Comprehensive Drug Abuse Prevention and Control Act of
1970, as amended, as he determines is necessary. He may also release FBI
information on the same terms and for the same purposes that the
Administrator of the Drug Enforcement Administration may disclose DEA
information under Sec. 0.103 of this part. The Director and his
authorized delegates may seize, forfeit and remit or mitigate the
forfeiture of property in accordance with 21 U.S.C. 881, 21 CFR 1316.71
through 1316.81, and 28 CFR 9.1 through 9.7.
(b) Conduct the acquisition, collection, exchange, classification
and preservation of fingerprints and identification records from
criminal justice and other governmental agencies, including fingerprints
voluntarily submitted by individuals for personal identification
purposes; provide expert testimony in Federal, State and local courts as
to fingerprint examinations; and provide fingerprint training and
provide identification assistance in disasters and for other
humanitarian purposes.
(c) Conduct personnel investigations requisite to the work of the
Department of Justice and whenever required by statute or otherwise.
(d) Carry out the Presidential directive of September 6, 1939, as
reaffirmed by Presidential directives of January 8, 1943, July 24, 1950,
and December 15, 1953, designating the Federal Bureau of
[[Page 51]]
Investigation to take charge of investigative work in matters relating
to espionage, sabotage, subversive activities, and related matters,
including investigating any potential violations of the Arms Export
Control Act, the Export Administration Act, the Trading with the Enemy
Act, or the International Emergency Economic Powers Act, relating to any
foreign counterintelligence matter.
(e) Establish and conduct law enforcement training programs to
provide training for State and local law enforcement personnel; operate
the Federal Bureau of Investigation National Academy; develop new
approaches, techniques, systems, equipment, and devices to improve and
strengthen law enforcement and assist in conducting State and local
training programs, pursuant to section 404 of the Omnibus Crime Control
and Safe Streets Act of 1968, 82 Stat. 204.
(f) Operate a central clearinghouse for police statistics under the
Uniform Crime Reporting Program, and a computerized nationwide index of
law enforcement information under the National Crime Information Center.
(g) Operate the Federal Bureau of Investigation Laboratory to serve
not only the Federal Bureau of Investigation, but also to provide,
without cost, technical and scientific assistance, including expert
testimony in Federal or local courts, for all duly constituted law
enforcement agencies, other organizational units of the Department of
Justice, and other Federal agencies, which may desire to avail
themselves of the service. As provided for in procedures agreed upon
between the Secretary of State and the Attorney General, the services of
the Federal Bureau of Investigation Laboratory may also be made
available to foreign law enforcement agencies and courts.
(h) Make recommendations to the Office of Personnel Management in
connection with applications for retirement under 5 U.S.C. 8336(c).
(i) Investigate alleged fraudulent conduct in connection with
operations of the Department of Housing and Urban Development and other
alleged violations of the criminal provisions of the National Housing
Act, including 18 U.S.C. 1010.
(j) Exercise the power and authority vested in the Attorney General
to approve and conduct the exchanges of identification records
enumerated at Sec. 50.12(a) of this chapter.
(k) Payment of awards (including those over $10,000) under 28 U.S.C.
524(c)(2), and purchase of evidence (including the authority to pay more
than $100,000) under 28 U.S.C. 524(c)(1)(F).
(l) Exercise Lead Agency responsibility in investigating all crimes
for which it has primary or concurrent jurisdiction and which involve
terrorist activities or acts in preparation of terrorist activities
within the statutory jurisdiction of the United States. Within the
United States, this would include the collection, coordination,
analysis, management and dissemination of intelligence and criminal
information as appropriate. If another Federal agency identifies an
individual who is engaged in terrorist activities or in acts in
preparation of terrorist activities, that agency is requested to
promptly notify the FBI. Terrorism includes the unlawful use of force
and violence against persons or property to intimidate or coerce a
government, the civilian population, or any segment thereof, in
furtherance of political or social objectives.
(m) Carry out the Department's responsibilities under the Hate Crime
Statistics Act.
(n) Exercise the authority vested in the Attorney General under
section 528(a), Public Law 101-509, to accept from federal departments
and agencies the services of law enforcement personnel to assist the
Department of Justice in the investigation and prosecution of fraud or
other criminal or unlawful activity in or against any federally insured
financial institution or the Resolution Trust Corporation, and to
coordinate the activities of such law enforcement personnel in the
conduct of such investigations and prosecutions.
(o) Carry out the responsibilities conferred upon the Attorney
General under the Communications Assistance for Law Enforcement Act,
Title I of Pub. L. 103-414 (108 Stat. 4279), subject to the general
supervision and direction of the Attorney General.
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969]
[[Page 52]]
Editorial Note: For Federal Register citations affecting Sec. 0.85,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and at www.fdsys.gov.
Sec. 0.85a Criminal justice policy coordination.
The Federal Bureau of Investigation shall report to the Attorney
General on all its activities.
[Order No. 960-81, 46 FR 52347, Oct. 27, 1981]
Sec. 0.86 Seizure of gambling devices.
The Director, Associate Director, Assistants to the Director,
Executive Assistant Directors, Assistant Directors, inspectors and
agents of the Federal Bureau of Investigation are authorized to exercise
the power and authority vested in the Attorney General to make seizures
of gambling devices (18 U.S.C. 1955(d), 15 U.S.C. 1171 et seq.) and wire
or oral communication intercepting devices (18 U.S.C. 2513).
[Order No. 960-81, 46 FR 52347, Oct. 27, 1981]
Sec. 0.87 Representation on committee for visit-exchange.
The Director of the Federal Bureau of Investigation shall be a
member of the committee which represents the Department of Justice in
the development and implementation of plans for exchanging visits
between the Iron Curtain countries and the United States and shall have
authority to designate an alternate to serve on such committee.
Sec. 0.88 Certificates for expenses of unforeseen emergencies.
The Director of the Federal Bureau of Investigation is authorized to
exercise the power and authority vested in the Attorney General by 28
U.S.C. 537, to make certificates with respect to expenses of unforeseen
emergencies of a confidential character: Provided, That each such
certificate made by the Director of the Federal Bureau of Investigation
shall be approved by the Attorney General.
Sec. 0.89 Authority to seize arms and munitions of war.
The Director of the Federal Bureau of Investigation is authorized to
exercise the authority conferred upon the Attorney General by section 1
of E.O. 10863 of February 18, 1960 (25 FR 1507), relating to the seizure
of arms and munitions of war, and other articles, pursuant to section 1
of title VI of the act of June 15, 1917, 40 Stat. 223, as amended by
section 1 of the Act of August 13, 1953, 67 Stat. 577 (22 U.S.C. 401).
Sec. 0.89a Delegations respecting claims against the FBI.
(a) The Director of the Federal Bureau of Investigation is
authorized to exercise the power and authority vested in the Attorney
General under the Act of December 7, 1989, Public Law 101-203, 103 Stat.
1805 (31 U.S.C. 3724), with regard to claims thereunder not exceeding
$50,000 in any one case.
(b) The Director of the Federal Bureau of Investigation is
authorized to redelegate to the General Counsel of the FBI or his
designee within the Office of the General Counsel or to the primary
legal advisors of the FBI field offices, any of the authority,
functions, or duties vested in him by paragraph (a) of this section and
by 28 CFR 0.172. This authority shall not be further redelegated.
[Order No. 884-80, 45 FR 22023, Apr. 3, 1980, as amended by Order No.
1417-90, 55 FR 27808, July 6, 1990; Order No. 1551-91, 56 FR 64192, Dec.
9, 1991; Order No. 1904-94, 59 FR 41242, Aug. 11, 1994; Order No. 2314-
2000, 65 FR 44683, July 19, 2000; AG Order 3330-2012, 77 FR 26183, May
3, 2012]
Subpart P 1_Office of Justice Programs and Related Agencies
Source: Order No. 1111-85, 50 FR 43385, Oct. 25, 1985, unless
otherwise noted.
Sec. 0.90 Office of Justice Programs.
The Office of Justice Programs is headed by an Assistant Attorney
General appointed by the President. Under the general authority of the
Attorney General, the Assistant Attorney General maintains liaison with
the provides information to Federal, State, local, and private agencies
and organizations on criminal justice matters, and provides staff
support to and coordinates the activities of the National Institute of
Justice, the Bureau of Justice Statistics, the Office of Juvenile
Justice and Delinquency Prevention,
[[Page 53]]
and the Bureau of Justice Assistance. The Office includes the Office for
Victims of Crime.
Sec. 0.91 Office for Victims of Crime.
The Office for Victims of Crime is headed by a Director appointed by
the Assistant Attorney General, Office of Justice Programs. Under a
delegation by the Attorney General (DOJ Order No. 1079-84, Dec. 14,
1984), the Assistant Attorney General and the Director are responsible
for providing national leadership to encourage improved treatment of
victims by implementing the recommendations of the President's Task
Force on Victims of Crime and the Attorney General's Task Force on
Family Violence, and by administering the Crime Victims Fund and the
Federal Crime Victim Assistance Program, established under the Victims
of Crime Act of 1984, title II, chapter XIV, of Public Law 98-473, 42
U.S.C. 10601 et seq., 98 Stat. 2170 (Oct. 12, 1984).
Sec. 0.92 National Institute of Justice.
The National Institute of Justice is headed by a Director appointed
by the President. Under the general authority of the Attorney General
and reporting through the Assistant Attorney General, Office of Justice
Programs, the Director performs functions and administers programs,
including provision of financial assistance, under 42 U.S.C. 3721-3723
to support basic and applied research into justice issues.
Sec. 0.93 Bureau of Justice Statistics.
The Bureau of Justice Statistics is headed by a Director appointed
by the President. Under the general authority of the Attorney General
and reporting through the Assistant Attorney General, Office of Justice
Programs, the Director performs functions and administers programs,
including provision of financial assistance, under 42 U.S.C. 3731-3734,
to provide a variety of statistical services for the criminal justice
community.
Sec. 0.94 Office of Juvenile Justice and Delinquency Prevention.
The Office of Juvenile Justice and Delinquency Prevention is headed
by an Administrator appointed by the President. Under the general
authority of the Attorney General and reporting through the Assistant
Attorney General, Office of Justice Programs, the Administrator performs
functions and administers programs, including provision of financial
assistance, under 42 U.S.C. 5601 et seq., relating to juvenile
delinquency, the improvement of juvenile justice systems and missing
children.
Sec. 0.94-1 Bureau of Justice Assistance.
(a) The Bureau of Justice Assistance is headed by a Director
appointed by the Attorney General. Under the general authority of the
Attorney General and reporting through the Assistant Attorney General,
Office of Justice Programs, the Director performs functions and
administers programs, including provision of financial assistance, under
42 U.S.C. 3741-3748; 3761-3764; and 3769, relating to the administration
of State and local criminal justice systems. The Director also
administers the Public Safety Officers' Death Benefits Program under 42
U.S.C. 3796, et seq.
(b) Subject to the authority and direction of the Attorney General,
the Director of the Bureau of Justice Assistance is authorized to
exercise the power and authority vested in the Attorney General by
Executive Order No. 11755 of December 29, 1973, 39 FR 779, with respect
to certification and revoking certification of work-release laws or
regulations.
[Order No. 1111-85, 50 FR 43385, Oct. 25, 1985; Order No. 1145-86, 51 FR
29464, Aug. 18, 1986]
Subpart Q_Bureau of Prisons
Cross Reference: For regulations pertaining to the Bureau of
Prisons, see parts 6 and 7 of this chapter.
Sec. 0.95 General functions.
The Director of the Bureau of Prisons shall direct all activities of
the Bureau of Prisons including:
(a) Management and regulation of all Federal penal and correctional
institutions (except military or naval institutions), and prison
commissaries.
(b) Provision of suitable quarters for, and safekeeping, care, and
subsistence
[[Page 54]]
of, all persons charged with or convicted of offenses against the United
States or held as witnesses or otherwise.
(c) Provision for the protection, instruction, and discipline of all
persons charged with or convicted of offenses against the United States.
(d) Classification, commitment, control, or treatment of persons
committed to the custody of the Attorney General.
(e) Payment of rewards with respect to escaped Federal prisoners (18
U.S.C. 3059).
(f) Certification with respect to the insanity or mental
incompetence of a prisoner whose sentence is about to expire pursuant to
section 4247 of title 18 of the U.S. Code.
(g) Entering into contracts with State or territorial officials for
the custody, care, subsistence, education, treatment, and training of
State or territorial prisoners, upon certification with respect to the
availability of proper and adequate treatment facilities and personnel,
pursuant to section 5003 of title 18 of the U.S. Code.
(h) Conduct of studies and the preparation and submission of reports
and recommendations to committing courts respecting disposition of cases
in which defendants have been committed for such purposes pursuant to 18
U.S.C. 4205(c).
(i) Conduct and prepare, or cause to be conducted and prepared,
studies and submit reports to the court and the attorneys with respect
to disposition of cases in which juveniles have been committed, pursuant
to 18 U.S.C. 5037, and to contract with public or private agencies or
individuals or community-based facilities for the observation and study
and the custody and care of juveniles, pursuant to 18 U.S.C. 5040.
(j) Observation, conduct of studies, and preparation of reports in
cases in which youth offenders have been committed by the courts for
such purposes pursuant to section 5010(e) of title 18 of the United
States Code.
(k) Conduct of examinations to determine whether an offender is an
addict and is likely to be rehabilitated through treatment, as well as
the preparation and submission of reports to committing courts, pursuant
to section 4252 of title 18 of the United States Code.
(l) Transmittal of reports of boards of examiners and certificates
to clerks of the district courts pursuant to section 4245 of title 18 of
the U.S. Code.
(m) Providing technical assistance to State and local governments in
the improvement of their correctional systems (18 U.S.C. 4042).
[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. 579-74, 39 FR 37771, Oct.
24, 1974; Order No. 960-81, 46 FR 52348, Oct. 27, 1981]
Sec. 0.96 Delegations.
The Director of the Bureau of Prisons is authorized to exercise or
perform any of the authority, functions, or duties conferred or imposed
upon the Attorney General by any law relating to the commitment,
control, or treatment of persons (including insane prisoners and
juvenile delinquents) charged with or convicted of offenses against the
United States, including the taking of final action in the following-
described matters:
(a) Requesting the detail of Public Health Service officers for the
purpose of furnishing services to Federal penal and correctional
institutions (18 U.S.C. 4005).
(b) Consideration, determination, adjustment, and payment of claims
in accordance with 31 U.S.C. 3722.
(c) Designating places of imprisonment or confinement where the
sentences of prisoners shall be served and ordering transfers from one
institution to another, whether maintained by the Federal Government or
otherwise, pursuant to 18 U.S.C. 4082 as it existed before the enactment
of Pub. L. 98-473 (applicable to offenses committed prior to November 1,
1987).
(d) Extending the limits of the place of confinement of prisoners
for the purposes specified, and within the limits established, by 18
U.S.C. 4082(c) as it existed before the enactment of Public Law 98-473,
and otherwise performing the functions of the Attorney General under
that section (applicable to offenses committed prior to November 1,
1987).
[[Page 55]]
(e) Designation of agents for the transportation of prisoners (18
U.S.C. 4008).
(f) Prescribing regulations for the use of surplus funds in
``Commissary Funds, Federal Prisons'' to provide advances not in excess
of $150 to prisoners at the time of their release pursuant to 18 U.S.C.
4284 as it existed before the enactment of Public Law 98-473 (applicable
to offenses committed prior to November 1, 1987).
(g) Allowance, forfeiture, and restoration of all good time pursuant
to 18 U.S.C. 4161, 4162, 4165, and 4166 as those sections existed before
the enactment of Public Law 98-473 (applicable to offenses committed
prior to November 1, 1987).
(h) Release of prisoners held solely for nonpayment of fine as
provided in 18 U.S.C. 3569 as it existed before the enactment of Public
Law 98-473 (applicable to offenses committed prior to November 1, 1987).
(i) Furnishing transportation, clothing, and payments to released
prisoners pursuant to 18 U.S.C. 4281 as it existed before the enactment
of Public Law 98-473 (applicable to offenses committed prior to November
1, 1987).
(j) Performing the functions of the Attorney General under the
provisions of 18 U.S.C. chapter 313, Offenders with Mental Disease or
Defect (18 U.S.C. 4241-4247).
(k) Settlement of claims arising under the Federal Tort Claims Act
as provided in 28 CFR 0.172.
(l) Entering into reciprocal agreements with fire organizations for
mutual aid and rendering emergency assistance in connection with
extinguishing fires within the vicinity of a Federal correctional
facility, as authorized by sections 2 and 3 of the Act of May 27, 1955
(42 U.S.C. 1856a, 1856b).
(m) Deciding upon requests by states for temporary transfers of
custody of inmates for prosecution under Article IV of the Interstate
Agreement on Detainers (84 Stat. 1399) and pursuant to other available
procedures; and receiving and reviewing requests by the executive
authority of states or the District of Columbia for, and authorizing the
transfer of, inmates pursuant to 18 U.S.C. 4085 as it existed before the
enactment of Public Law 98-473 (applicable to offenses committed prior
to November 1, 1987).
(n) Prescribing rules and regulations applicable to the carrying of
firearms by Bureau of Prisons officers and employees (18 U.S.C. 3050).
(o) Promulgating rules governing the control and management of
Federal penal and correctional institutions and providing for the
classification, government, discipline, treatment, care, rehabilitation,
and reformation of inmates confined therein (18 U.S.C. 4001, 4041, and
4042).
(p) Establishing and designating Bureau of Prisons Institutions (18
U.S.C. 4001, 4042).
(q) Granting permits to states or public agencies for rights-of-way
upon lands administered by the Director in accordance with the
provisions of 43 U.S.C. 931c and 43 U.S.C. 961 (18 U.S.C. 4001, 4041,
4042, 43 U.S.C. 931c, 961).
(r) Authority under the provisions of 18 U.S.C. 4082(b) to provide
law enforcement representatives with information on Federal prisoners
who have been convicted of felony offenses and who are confined at a
residential community treatment center located in the geographical area
in which the requesting agency has jurisdiction (18 U.S.C. 4082).
(s) Approving inmate disciplinary and good time regulations (18
U.S.C. 3624).
(t) Contracting, for a period not exceeding three years, with the
proper authorities of any State, Territory, or political subdivision
thereof, for the imprisonment, subsistence, care, and proper employment
of persons convicted of offenses against the United States (18 U.S.C.
4002).
[Order No. 1617-92, 57 FR 38772, Aug. 27, 1992, as amended by Order No.
1884-94, 59 FR 29717, June 9, 1994; Order No. 2204-99, 64 FR 4295, Jan.
28, 1999]
Sec. 0.96a Interstate Agreement on Detainers.
The Director of the Bureau of Prisons is designated as the U.S.
Officer under Article VII of the Interstate Agreement on Detainers (84
Stat. 1402).
[Order No. 462-71, 36 FR 12212, June 29, 1971]
[[Page 56]]
Sec. 0.96b Exchange of prisoners.
The Director of the Bureau of Prisons and officers of the Bureau of
Prisons designated by him are authorized to receive custody of offenders
and to transfer offenders to and from the United States of America under
a treaty as referred to in Public Law 95-144; to make arrangements with
the States and to receive offenders from the States for transfer to a
foreign country; to act as an agent of the United States to receive the
delivery from a foreign government of any person being transferred to
the United States under such a treaty; to render to foreign countries
and to receive from them certifications and reports required under a
treaty; and to receive custody and carry out the sentence of
imprisonment of such a transferred offender as required by that statute
and any such treaty.
[Order No. 758-77, 42 FR 63139, Dec. 15, 1977]
Sec. 0.96c Cost of incarceration.
(a) The Attorney General is required to establish and collect a fee
to cover the cost of one year of incarceration. These provisions apply
to any person who is convicted in a United States District Court and
committed to the custody of the Attorney General, and who begins service
of sentence on or after December 27, 1994. For the purposes of this
subpart, revocation of parole or supervised release shall be treated as
a separate period of incarceration for which a fee may be imposed.
(b) The fee to cover the costs of incarceration shall be calculated
by dividing the number representing the obligation encountered in Bureau
of Prisons facilities (excluding activation costs) by the number of
inmate-days incurred for the year, and by then multiplying the quotient
by 365. The resulting figure represents the average cost to the Bureau
for confining an inmate for one year.
(c) The Director of the Bureau of Prisons is delegated the authority
to collect the fee to cover the cost of incarceration from inmates
committed to the custody of the Attorney General and to promulgate all
regulations concerning the collection of the fee.
(d) The Director shall review and determine the amount of the fee
not less than annually in accordance with the formula set forth in
paragraph (b) of this section. The Director shall publish each year's
fee as a Notice in the Federal Register.
[Order No. 1932-94, 59 FR 60558, Nov. 25, 1994]
Sec. 0.97 Redelegation of authority.
The Director of the Bureau of Prisons is authorized to redelegate to
any of his subordinates any of the authority, functions or duties vested
in him by this subpart Q. The Director may make similar delegations to
any other employee of any Bureau, Board, Office, or Division of the
Department of Justice with the consent of the head of that Bureau,
Board, Office, or Division, and after written notification to the
Attorney General or designee. A redelegation of authority is limited to
employees of the Department of Justice. Existing redelegations by the
Director of the Bureau of Prisons shall continue in force and effect
until modified or revoked.
[Order No. 1150-86, 51 FR 31939, Sept. 8, 1986]
Sec. 0.98 Functions of Commissioner of Federal Prison Industries.
The Director of the Bureau of Prisons is authorized as ex officio
Commissioner of Federal Prison Industries and in accordance with the
policy fixed by its Board of Directors to:
(a) Exercise jurisdiction over all industrial enterprises in all
Federal penal and correctional institutions.
(b) Sponsor vocational training programs in Federal penal and
correctional institutions.
(c) Contract for the transfer of property or equipment from the
District of Columbia for industrial employment and training of prisoners
confined in a penal or correctional institution of the District of
Columbia, pursuant to 18 U.S.C. 4122.
Sec. 0.99 Compensation to Federal prisoners.
The Board of Directors of Federal Prison Industries, or such officer
of the corporation as the Board may designate, may exercise the
authority
[[Page 57]]
vested in the Attorney General by section 4126 of title 18 of the U.S.
Code, as amended, to prescribe rules and regulations governing the
payment of compensation to inmates of Federal penal and correctional
institutions employed in any industry, or performing outstanding
services in institutional operations, and to inmates or their dependents
for injuries suffered in any industry or in any work activity in
connection with the maintenance of operation of the institution where
confined.
Sec. Appendix to Subpart Q of Part 0--Confinement of Persons in District
of Columbia Correctional Institutions
By virtue of the authority vested in me by the Act of September 1,
1916, 39 Stat. 711 (D.C. Code section 24-402), by section 11 of the Act
of July 15, 1932, as added by the Act of June 6, 1940, 54 Stat. 244
(D.C. Code section 24-425), and by the Act of September 10, 1965 (18
U.S.C. 4082).
(a) The Mayor of the District of Columbia or his authorized
representative is hereby authorized to transfer such prisoners as may be
in his custody and supervision, by virtue of having been placed in a
correctional institution of the District of Columbia pursuant to the
authority of the Attorney General, from such institution to any
available, suitable, or appropriate institution or facility (including a
residential community treatment center) within the District of Columbia,
and the Mayor or his authorized representative is further authorized to
extend the limits of the place of confinement of such prisoners for the
purposes specified, and within the limits established, by the Act of
September 10, 1965 (18 U.S.C. 4082).
(b) The authority conferred by subsection (a) shall not include any
extension of the limits of confinement for any prisoner serving a
sentence for a crime of violence and not participating in a furlough
program as of December 22, 1976, unless such prisoner has served at
least twelve months, has not been denied parole, without recommendation
for furlough, at his most recent parole hearing (whether such hearing
was held before or after extension of the limits of his confinement was
granted), and
(1) Is within twelve months of the expiration of his maximum
sentence, without reduction, or
(2) Is within twelve months of a date on which he will be eligible
for parole from confinement, or
(3) Has served at least ninety percent of his minimum sentence,
without reduction.
By October 15 of each year, there shall be submitted to the Associate
Attorney General a report concerning each prisoner serving a sentence
for a crime of violence whose limits of confinement have been extended
during the twelve-month period ending the preceding September 30,
indicating the offense and term for which, and the court by which, the
prisoner was sentenced with respect to his present confinement; all
other criminal offenses of which the prisoner has been convicted; the
date, duration and purpose of each extension of the limits of his
confinement; all parole board actions with respect to the prisoner; and
all infractions of the terms of extension, violations of prison rules,
or criminal offenses with which the prisoner has been officially charged
since the beginning of his confinement.
(c) With respect to all other prisoners, the authority conferred by
subsection (a) may be exercised by an authorized representative
designated by the Mayor.
(d) As used in this Order crime of violence means murder,
manslaughter, rape, kidnapping, robbery, burglary, assault with intent
to kill, assault with intent to rape, assault with intent to rob or
extortion involving the threat or use of violence to person.
[Order No. 636-76, 41 FR 3289, Jan. 26, 1976, as amended by Order No.
676-76, 41 FR 56802, Dec. 30, 1976; Order No. 960-81, 46 FR 52348, Oct.
27, 1981]
Subpart R_Drug Enforcement Administration
Sec. 0.100 General functions.
The following-described matters are assigned to, and shall be
conducted, handled, or supervised by, the Administrator of the Drug
Enforcement Administration:
(a) Functions vested in the Attorney General by sections 1 and 2 of
Reorganization Plan No. 1 of 1968.
(b) Except where the Attorney General has delegated authority to
another Department of Justice official to exercise such functions, and
except where functions under 21 U.S.C. 878(a)(5) do not relate to, arise
from, or supplement investigations of matters concerning drugs,
functions vested in the Attorney General by the Comprehensive Drug Abuse
Prevention and Control Act of 1970, as amended. This will include
functions which may be vested in the Attorney General in subsequent
amendments to the Comprehensive Drug Abuse Prevention and Control Act of
1970, and not otherwise specifically assigned or reserved by him.
[[Page 58]]
(c) Functions vested in the Attorney General by section 1 of
Reorganization Plan No. 2 of 1973 and not otherwise specifically
assigned.
[Order No. 520-73, 38 FR 18380, July 10, 1973, as amended by Order No.
960-81, 46 FR 52348, Oct. 27, 1981; Order No. 1203-87, 52 FR 24447, July
1, 1987; Order No. 2204-99, 64 FR 4295, Jan. 28, 1999; Order No. 2666-
2003, 68 FR 14899, Mar. 27, 2003]
Sec. 0.101 Specific functions.
The Administrator of the Drug Enforcement Administration shall be
responsible for:
(a) The development and implementation of a concentrated program
throughout the Federal Government for the enforcement of Federal drug
laws and for cooperation with State and local governments in the
enforcement of their drug abuse laws.
(b) The development and maintenance of a National Narcotics
Intelligence System in cooperation with Federal, State, and local
officials, and the provision of narcotics intelligence to any Federal,
State, or local official that the Administrator determines has a
legitimate official need to have access to such intelligence.
(c) The development and implementation of a procedure to release
property seized under section 511 of the Controlled Substances Act (21
U.S.C. 881) to any innocent party having an immediate right to
possession of the property, when the Administrator, in his discretion,
determines it is not in the interests of justice to initiate forfeiture
proceedings against the property.
(d) Payment of awards (including those over $10,000) under 28 U.S.C.
524(c)(2) and purchase of evidence (including the authority to pay more
than $100,000) under 28 U.S.C. 524(c)(1)(F).
[Order No. 520-73, 38 FR 18380, July 10, 1973, as amended by Order No.
565-74, 39 FR 15876, May 6, 1974; Order No. 898-80, 45 FR 44267, July 1,
1980; Order No. 960-81, 46 FR 52348, Oct. 27, 1981; Order No. 1126-86,
51 FR 7443, Mar. 4, 1986]
Sec. 0.102 Drug enforcement policy coordination.
The Administrator of the Drug Enforcement Administration shall
report to the Attorney General, through the Deputy Attorney General or
the Associate Attorney General, as directed by the Attorney General.
[Order No. 1429-90, 55 FR 28909, July 16, 1990]
Sec. 0.103 Release of information.
(a) The Administrator of DEA is authorized--
(1) To release information obtained by DEA and DEA investigative
reports to Federal, State, and local officials engaged in the
enforcement of laws related to controlled substances.
(2) To release information obtained by DEA and DEA investigative
reports to Federal, State, and local prosecutors, and State licensing
boards, engaged in the institution and prosecution of cases before
courts and licensing boards related to controlled substances.
(3) To authorize the testimony of DEA officials in response to
subpoenas or demands issued by the prosecution in Federal, State, or
local criminal cases involving controlled substances.
(b) Except as provided in paragraph (a) of this section, all other
production of information or testimony of DEA officials in response to
subpoenas or demands of courts or other authorities is governed by
subpart B of part 16 of this chapter. However, it should be recognized
that subpart B is not intended to restrict the release of
noninvestigative information and reports as deemed appropriate by the
Administrator of DEA. For example, it does not inhibit the exchange of
information between governmental officials concerning the use and abuse
of controlled substances as provided for by section 503(a)(1) of the
Controlled Substances Act (21 U.S.C. 873(a)(1)).
[Order No. 520-73, 38 FR 18380, July 10, 1973, as amended by Order No.
2614-2002, 67 FR 58990, Sept. 19, 2002]
Sec. 0.103a Delegations respecting claims against the Drug Enforcement
Administration.
(a) The Administrator of DEA is authorized to exercise the power and
authority vested in the Attorney General under the Act of December 7,
1989, Public Law 101-203, 103 Stat. 1805 (31 U.S.C. 3724) with regard to
claims thereunder arising out of the lawful activities of
[[Page 59]]
DEA personnel in an amount not to exceed $50,000.00 in any one case.
(b) Notwithstanding the provisions of 28 CFR 0.104, the
Administrator of DEA is authorized to redelegate the power and authority
vested in him in paragraph (a) of this section to the Chief Counsel of
DEA and the Chief Counsel's designee within the Office of Chief Counsel.
This authority shall not be further redelegated below the Associate
Chief Counsel level.
[Order No. 1751-93, 58 FR 35371, July 1, 1993]
Sec. 0.104 Redelegation of authority.
The Administrator of the Drug Enforcement Administration is
authorized to redelegate to any of his subordinates or any of the
officers or employees of the Immigration and Naturalization Service any
of the powers and functions vested in him by this subpart R.
[Order 1146-86, 51 FR 30485, Aug. 27, 1986]
Sec. Appendix to Subpart R of Part 0--Redelegation of Functions
Section 1. Scope of authority. The authority delegated by this order
is applicable to all officers and employees of the Drug Enforcement
Administration (DEA) and Federal Bureau of Investigation (FBI).
Sec. 2. Supervisors. All Special Agents-in-Charge of the DEA and the
FBI are authorized to conduct enforcement hearings under 21 U.S.C. 883,
and to take custody of seized property under 21 U.S.C. 881. All Special
Agents-in-Charge of the DEA and the FBI, the DEA Deputy Administrator,
Assistant Administrators and Office Heads, and the FBI Executive
Assistant Directors, Assistant Directors, Deputy Assistant Directors,
and Section Chiefs, are authorized to release information pursuant to 28
CFR 0.103(a)(1) and (2) that is obtained by the DEA and the FBI, and to
authorize the testimony of DEA and FBI officials in response to
prosecution subpoenas or demands under 28 CFR 0.103(a)(3). All DEA
Laboratory Directors are authorized to release information pursuant to
28 CFR 0.103(a)(1) and (2) that is obtained by a DEA laboratory, and to
authorize the testimony of DEA laboratory personnel in response to
prosecution subpoenas or demands under 28 CFR 0.103(a)(3). All DEA
Special Agents-in-Charge are authorized to take custody of, and make
disposition of, controlled substances seized pursuant to 21 U.S.C.
824(g).
Sec. 3. Enforcement officers. (a) All DEA criminal investigators
(series 1811 under Office of Personnel Management regulations) and
special agents of the FBI are authorized to exercise all of the powers
of enforcement personnel granted by 21 U.S.C. 876, 878, and 879; to
serve subpoenas, administer oaths, examine witnesses, and receive
evidence under 21 U.S.C. 875; to execute administrative inspection
warrants under 21 U.S.C. 880; and to seize property under 21 U.S.C. 881
and 21 CFR 1316.71 et seq.
(b) All DEA Diversion Investigators (series 1801 under Office of
Personnel Management regulations) are authorized to administer oaths and
serve subpoenas under 21 U.S.C. 875 and 876; to conduct administrative
inspections and execute administrative inspection warrants under 21
U.S.C. 878(2) and 880; to seize property incident to compliance and
registration inspections and investigations under 21 U.S.C. 881; and to
seize or place controlled substances under seal pursuant to 21 U.S.C.
824.
Sec. 4. Issuance of subpoenas. (a) The Chief Inspector of the DEA;
the Deputy Chief Inspectors and Associate Deputy Chief Inspectors of the
Office of Inspections and the Office of Professional Responsibility of
the DEA; all Special Agents-in-Charge of the DEA and the FBI; DEA
Inspectors assigned to the Inspection Division; DEA Associate Special
Agents-in-Charge; DEA and FBI Assistant Special Agents-in-Charge; DEA
Resident Agents-in-Charge; DEA Diversion Program Managers; FBI
Supervisory Senior Resident Agents; DEA Special Agent Group Supervisors;
those FBI Special Agent Squad Supervisors who have management
responsibility over Organized Crime/Drug Program Investigations; and DEA
Regional Directors, Assistant Regional Directors, and Country
Attach[eacute]s, are authorized to sign and issue subpoenas with respect
to controlled substances, listed chemicals, tableting machines or
encapsulating machines under 21 U.S.C. 875 and 876 in regard to matters
within their respective jurisdictions.
(b) The Administrative Law Judge of DEA is authorized to sign and
issue subpoenas to compel the attendance of witnesses and the production
of documents and materials to the extent necessary to conduct
administrative hearings pending before him.
Sec. 5. Legal functions. The Chief Counsel and the Director of DEA's
Mid-Atlantic Laboratory are authorized to execute any certification
required to authenticate any documents pursuant to 28 CFR 0.146. The
Chief Counsel is also authorized to adjust, determine, compromise, and
settle any claims involving the Drug Enforcement Administration under 28
U.S.C. 2672 relating to tort claims where the amount of the proposed
adjustment, compromise, settlement or award does not exceed $2,500; to
formulate and coordinate the proceedings relating to the conduct of
hearings under 21 U.S.C. 875, including the signing and issuance of
subpoenas,
[[Page 60]]
examining of witnesses, and receiving evidence; to adjust, determine,
compromise and settle any tort claims when such claims arise in foreign
countries in connection with DEA operations abroad, and to conduct
enforcement hearings under 21 U.S.C. 883. The Forfeiture Counsel of the
DEA is authorized to exercise all necessary functions with respect to
decisions on petitions under 19 U.S.C. 1618 for remission or mitigation
of forfeitures incurred under 21 U.S.C. 881.
Sec. 6. Import and export permits. The Deputy Assistant
Administrator of the DEA Office of Diversion Control, the Deputy
Director of the DEA Office of Diversion Control, the Chief of the Drug
Operations Section of the DEA Office of Diversion Control, and the Chief
of the International Drug Unit of the Drug Operations Section of the DEA
Office of Diversion Control are authorized to perform all and any
functions with respect to the issuance of importation and exportation
permits for controlled substances under 21 U.S.C. 952 and 953, and all
functions in regard to transshipments and intransit shipments of
controlled substances under 21 U.S.C. 954.
Sec. 7. Promulgation of regulations. The Deputy Assistant
Administrator of the DEA Office of Diversion Control is authorized to
exercise all necessary functions with respect to the promulgation and
implementation of the following regulations published in chapter II,
title 21, Code of Federal Regulations:
(a) Part 1301, incident to the registration of manufacturers,
distributors, and dispensers of controlled substances, except that final
orders in connection with suspension, denial or revocation of
registration shall be made by the Deputy Administrator of DEA.
(b) Part 1302 relating to labelling and packaging requirements for
controlled substances.
(c) Part 1304 relating to records and reports of registrants.
(d) Part 1305 relating to order forms.
(e) Part 1306 relating to prescriptions, except provisions relating
to dispensing of narcotic drugs for maintenance purposes.
(f) Part 1307, title 21, Code of Federal Regulations, relating to
miscellaneous provisions, except Sec. 1307.31 concerning special exempt
persons.
(g) The following sections of part 1308: Sec. Sec. 1308.21 and
1308.22 relating to excluded nonnarcotic substances; Sec. Sec. 1308.23
and 1308.24 relating to exempt chemical preparations; Sec. Sec. 1308.25
and 1308.26 relating to excluded veterinary anabolic steroid implant
products; Sec. Sec. 1308.31 and 1308.32 relating to exempted
prescription products; and Sec. Sec. 1308.33 and 1308.34 relating to
exempt anabolic steroid products, except that any final order following
a contested proposed rulemaking shall be issued by the Deputy
Administrator of DEA.
(h) Part 1309, incident to the registration of manufacturers,
distributors, importers and exporters of List I chemicals, except that
final orders in connection with suspension, denial or revocation of
registration shall be made by the Deputy Administrator of DEA.
(i) Part 1310, relating to records, reports and identification of
parties to transactions in listed chemicals and certain machinery, but
not including the authority to add and delete listed chemicals pursuant
to 21 CFR 1310.02.
(j) Part 1311 relating to registration of importers and exporters of
controlled substances, except that final orders in connection with
suspension, denial or revocation of registration shall be made by the
Deputy Administrator of DEA.
(k) Part 1312 relating to importation and exportation of controlled
substances, except that all final orders following a contested proposed
rulemaking regarding the denial of an application for an import, export
or transshipment permit shall be made by the Deputy Administrator of
DEA.
(l) Part 1313, relating to the importation and exportation of
precursors and essential chemicals, but not including the authority to
suspend shipments under 21 CFR 1313.41.
(m) Part 1314, incident to the retail sale of scheduled listed
chemical products by regulated sellers and distributors required to
submit reports under section 310(b)(3) of the Act (21 U.S.C. 830(b)(3)),
except that final orders in connection with suspension or revocation of
the regulated seller's or mail order distributor's right to sell
scheduled listed chemical products shall be made by the Deputy
Administrator of the Drug Enforcement Administration.
Sec. 8. Financial functions. The Controller of the DEA is authorized
to settle any employee claims filed under the Military Personnel and
Civilian Employees' Claims Act in an amount not to exceed $25,000.
Sec. 9. Chemical Diversion Act functions. The Chief of Operations of
the DEA, Operations Division, is authorized to furnish, or cause to be
furnished, descriptions of persons with whom regulated transactions may
not be completed without prior approval of the DEA; to approve such
transactions pursuant to 21 U.S.C. 830(b) and 21 CFR 1310.05(b); and to
approve or disapprove regular customer or regular importer status under
21 U.S.C. 971 and 21 CFR 1313.15 and 1313.24.
Sec. 10. Deputization of State and Local Law Enforcement Officers.
The Chief, Investigative Support Section, Office of Operations
Management, Operations Division, is authorized to exercise all necessary
functions with respect to the deputization of state and local law
enforcement officers as Task Force Officers of DEA pursuant to 21 U.S.C.
878(a).
Sec. 11. Cross-Designation of Federal Law Enforcement Officers. The
Chief, Investigative Support Section, Office of Operations Management,
Operations Division is authorized
[[Page 61]]
to exercise all necessary functions with respect to the cross-
designation of Federal law enforcement officers to undertake title 21
drug investigations under supervision of the DEA pursuant to 21 U.S.C.
873(b).
Sec. 12. All other functions. The Deputy Administrator is authorized
to exercise all necessary functions under 21 CFR parts 1300 through
1316, except those functions otherwise delegated within this subpart.
This will include functions which may be vested in the Administrator in
subsequent amendments to 21 CFR parts 1300 through 1316 and not
otherwise specifically assigned or reserved by him.
[47 FR 43370, Oct. 1, 1982]
Editorial Note: For Federal Register citations affecting the
appendix to subpart R of part 0, see the List of CFR Sections Affected,
which appears in the Finding Aids section of the printed volume and at
www.fdsys.gov.
Subpart S_Immigration and Naturalization Service
Sec. 0.105 General functions.
The Commissioner of the Immigration and Naturalization Service
shall:
(a) Subject to limitations contained in section 103 of the
Immigration and Nationality Act (8 U.S.C. 1103) and excepting the
authority delegated to the Executive Office for Immigration Review, the
Board of Immigration Appeals, the Office of the Chief Immigration Judge,
Immigration Judges, and the Office of the Chief Administrative Hearing
Officer, administer and enforce the Immigration and Nationality Act and
all other laws relating to immigration (including but not limited to
admission, exclusion, and deportation), naturalization, and nationality.
Nothing in this paragraph shall be construed to authorize the
Commissioner of Immigration and Naturalization to supervise the
litigation of or to approve the filing of records on review, appeals, or
petitions for writs of certiorari or to intervene or have independent
representation in cases under the immigration and nationality laws
except as provided in paragraph (e) of this section.
(b) For the purposes of paragraph (a) of this section, and as
limited therein, exercise or perform any of the authority, functions, or
duties conferred or imposed upon the Attorney General by the laws
mentioned in that paragraph, including the authority to issue
regulations.
(c) Investigate alleged violations of the immigration and
nationality laws, and make recommendations for prosecutions when deemed
advisable.
(d) Patrol the borders of the United States to prevent the entry of
aliens into the United States in violation of law.
(e) Supervise naturalization work in the specific courts designated
by section 310 of the Immigration and Nationality Act (8 U.S.C. 1421) to
have jurisdiction in such matters, including the requiring of
accountings from the clerks of such courts for naturalization fees
collected, investigation through field officers of the qualifications of
citizenship applicants, and representation of the Government at all
court hearings.
(f) Cooperate with the public schools in providing citizenship
textbooks and other services for the preparation of candidates for
naturalization.
(g) Register and fingerprint aliens in the United States, as
required by section 262 of the Immigration and Nationality Act (8 U.S.C.
1304).
(h) Prepare reports on private bills pertaining to immigration
matters.
(i) Designate within the Immigration and Naturalization Service a
certifying officer, and an alternate, to certify copies of documents
issued by the Commissioner, or his designee, which are required to be
filed with the Office of the Federal Register.
(j) Direct officers and employees of the Immigration and
Naturalization Service, assigned to accompany commercial aircraft, to
perform the functions of a U.S.C. deputy marshal as a peace officer, in
particular those set forth in 28 U.S.C. 570 and 18 U.S.C. 3053: (1)
While aboard any aircraft to which they have been assigned, or (2) while
within the general vicinity of such aircraft so long as it is within the
jurisdiction of the United States. Such functions shall be in addition
to those vested in such officers and employees pursuant to law.
(k) Insure that a copy of any asylum application filed with INS
shall be sent simultaneously to the Asylum Policy and Review Unit and to
the Bureau of
[[Page 62]]
Human Rights and Humanitarian Affairs at the Department of State.
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order 445-
70, 35 FR 19397, Dec. 23, 1970; Order 699-77, 42 FR 15315, Mar. 21,
1977; Order 960-81, 46 FR 52348, Oct. 27, 1981; Order 998-83, 48 FR
8056, Feb. 25, 1983; Order 1176-87, 52 FR 11044, Apr. 7, 1987; Order
1237-87, 52 FR 44971, Nov. 24, 1987; Order 1245-87, 52 FR 48998, Dec.
29, 1987]
Sec. 0.106 Certificates for expenses of unforeseen emergencies.
The Commissioner of Immigration and Naturalization is authorized to
exercise the power and authority vested in the Attorney General by
section 6 of the act of July 28, 1950, 64 Stat. 380 (8 U.S.C. 1555), to
make certificates with respect to expenses of unforeseen emergencies of
a confidential character: Provided, That each such certificate made by
the Commissioner of Immigration and Naturalization shall be approved by
the Attorney General.
Sec. 0.107 Representation on committee for visit-exchange.
The Commissioner of Immigration and Naturalization shall be a member
of the committee which represents the Department of Justice in the
development and implementation of plans for exchanging visits between
the Iron Curtain countries and the United States and shall have
authority to designate an alternate to serve on such committee.
Sec. 0.108 Redelegation of authority.
The Commissioner of the Immigration and Naturalization Services may
redelegate to any employee of the Service or the Department of Justice
any of the powers, privileges, or duties conferred or imposed on the
Commissioner by Sec. 0.105. The Commissioner is authorized to confer or
impose upon any employee of the United States, with the consent of the
head of the Department or other independent establishment under whose
jurisdiction the employee is serving, any of the powers, privileges, or
duties conferred or imposed on the Commissioner by Sec. 0.105. Existing
redelegations by the Commissioner shall continue in force and effect
until modified or revoked.
[Order No. 1150-86, 51 FR 31939, Sept. 8, 1986]
Sec. 0.109 Implementation of the Treaty of Friendship and General
Relations Between the United States and Spain.
The Commissioner of Immigration and Naturalization and immigration
officers (as defined in 8 CFR 103.1(i)) are hereby designated as
``competent national authorities'' on the part of the United States
within the meaning of Article XXIV of the Treaty of Friendship and
General Relations Between the United States and Spain (33 Stat. 2105,
2117), and shall fulfill the obligations assumed by the United States
pursuant to that Article in the manner and form prescribed.
Sec. 0.110 Implementation of the Convention Between the United States
and Greece.
The Commissioner of Immigration and Naturalization and immigration
officers (as defined in 8 CFR 103.1(i)) are hereby designated as ``local
authorities'' and ``competent officers'' on the part of the United
States within the meaning of Article XIII of the Convention Between the
United States and Greece (33 Stat. 2122, 2131), and shall fulfill the
obligations assumed by the United States pursuant to that Article in the
manner and form prescribed.
Subpart T_United States Marshals Service
Sec. 0.111 General functions.
The Director of the United States Marshals Service shall direct and
supervise all activities of the U.S. Marshals Service including:
(a) Execution of Federal arrest warrants pursuant to rule 4 of the
Federal Rules of Criminal Procedure, Federal parole violator warrants
pursuant to section 4206 of title 18 U.S. Code, and Federal custodial
and extradition warrants as directed.
(b) The service of all civil and criminal process emanating from the
Federal judicial system including the execution of lawful writs and
court orders pursuant to section 569(b), title 28, U.S. Code.
(c) Provisions for the health, safety, and welfare of Government
witnesses
[[Page 63]]
and their families, including the psychological well-being and social
adjustment of such persons, pursuant to 18 U.S.C. 3521, et seq., and
issuance of necessary regulations for this purpose on behalf of the
Attorney General.
(d) Administration and implementation of courtroom security
requirements for the Federal judiciary.
(e) Protection of Federal jurists, court officers, and other
threatened persons in the interests of justice where criminal
intimidation impedes the functioning of the Federal judicial process.
(f) Provision of assistance in the protection of Federal property
and buildings.
(g) Direction and supervision of a training school for United States
Marshals Service personnel.
(h) Disbursement of appropriated funds to satisfy Government
obligations incurred in the administration of justice pursuant to 28
U.S.C. 571.
(i) Maintenance of custody, management control, and disposal of
property and money seized or forfeited pursuant to any law enforced or
administered by the Department of Justice, when the property is seized
by the U.S. Marshals Service or delivered to the U.S. Marshals Service
in accordance with regulations; and administer the Department of Justice
Asset Forfeiture Fund.
(j) Receipt, processing and transportation of prisoners held in the
custody of a marshal or transported by the U.S. Marshals Service under
cooperative or intergovernmental agreements.
(k) Sustention of custody of Federal prisoners from the time of
their arrest by a marshal or their remand to a marshal by the court,
until the prisoner is committed by order of the court to the custody of
the Attorney General for the service of sentence, otherwise released
from custody by the court, or returned to the custody of the U.S. Parole
Commission or the Bureau of Prisons.
(l) Coordination and direction of the relationship of the offices of
U.S. Marshals with the other organizational units of the Department of
Justice.
(m) Approval of staffing requirements of the offices of U.S.
Marshals.
(n) Investigation of alleged improper conduct on the part of U.S.
Marshals Service personnel.
(o) Acquisition of adequate and suitable detention space, health
care and other services and materials required to support prisoners
under the custody of the U.S. Marshal who are not housed in Federal
facilities.
(p) Approval of ``other necessary expenditures in the line of duty''
of U.S. Marshals and Deputy U.S. Marshals under 28 U.S.C. 567(3).
(q) Exercising the power and authority vested in the Attorney
General under 28 U.S.C. 510 to conduct and investigate fugitive matters,
domestic and foreign, involving escaped federal prisoners, probation,
parole, mandatory release, and bond default violators.
[Order No. 516-73, 38 FR 12917, May 17, 1973, as amended by Order No.
905-80, 45 FR 52145, Aug. 6, 1980; Order No. 960-81, 46 FR 52348, Oct.
27, 1981; Order No. 1108-85, 50 FR 40197, Oct. 2, 1985; Order No. 1131-
86, 51 FR 15612, Apr. 25, 1986; Order No. 1376-89, 54 FR 47353, Nov. 14,
1989]
Sec. 0.111a Temporary prisoner-witness transfers.
The Director of the United States Marshals Service and officers of
the United States Marshals Service designated by him are authorized to
exercise the power and authority vested in the Attorney General under 18
U.S.C. 3508 to receive custody from foreign authorities of prisoner-
witnesses whose temporary transfer to the United States has been
requested; to transport such persons in custody from the cooperating
foreign country to the place in the United States at which the criminal
proceedings in which they are to testify are pending; to maintain such
persons in custody while they are in the United States, subject to any
agreement entered into by the Assistant Attorney General for the
Criminal Division or his or her delegee with the transferring country
regarding the terms or conditions of the transfer; and to return such
persons, in custody, to the foreign country when and in the manner
designated by the Assistant
[[Page 64]]
Attorney General for the Criminal Division or his or her delegee. The
Director of the United States Marshals Service and officers of the
United States Marshals Service designated by him shall also be
authorized to transport, surrender, receive and maintain custody of
prisoner-witnesses temporarily transferred from or to the United States
pursuant to a treaty, executive agreement, or other legal authority, and
accept reimbursement from foreign authorities when appropriate.
[Order No. 1913-94, 59 FR 46551, Sept. 9, 1994]
Sec. 0.111B Witness Security Program.
(a) In connection with the protection of a witness, a potential
witness, or an immediate family member or close associate of a witness
or potential witness, the Director of the United States Marshals Service
and officers of the United States Marshals Service designated by the
Director may:
(1) Provide suitable documents to enable the person to establish a
new identity or otherwise protect the person;
(2) Provide housing for the person;
(3) Provide for the transportation of household furniture and other
personal property to a new residence of the person;
(4) Provide to the person a payment to meet basic living expenses in
a sum established in accordance with regulations issued by the Director,
for such time as the Attorney General determines to be warranted;
(5) Assist the person in obtaining employment;
(6) Provide other services necessary to assist the person in
becoming self-sustaining;
(7) Protect the confidentiality of the identify and location of
persons subject to registration requirements as convicted offenders
under Federal or State law, including prescribing alternative procedures
to those otherwise provided by Federal or State law for registration and
tracking of such persons; and
(8) Exempt procurement for services, materials, and supplies, and
the renovation and construction of safe sites within existing buildings
from other provision of law as may be required to maintain the security
of protective witnesses and the integrity of the Witness Security
Program.
(b) The identity or location or any other information concerning a
person receiving protection under 18 U.S.C. 3521 et seq., or any other
matter concerning the person or the Program, shall not be disclosed
except at the direction of the Attorney General, the Assistant Attorney
General in charge of the Criminal Division, or the Director of the
Witness Security Program. However, upon request of State or local law
enforcement officials, the Director shall, without undue delay, disclose
to such officials the identity, location, criminal records, and
fingerprints relating to the person relocated or protected when the
Director knows or the request indicates that the person is under
investigation for or has been arrested for or charged with an offense
that is punishable by more than one year in prison or that is a crime of
violence.
[Order No. 2511-2001, 66 FR 47383, Sept. 12, 2001]
Sec. 0.112 Special deputation.
The Director, United States Marshals Service, is authorized to
deputize the following persons to perform the functions of a Deputy U.S.
Marshal in any district designated by the Director:
(a) Selected officers or employees of the Department of Justice;
(b) Selected federal, state, or local law enforcement officers
whenever the law enforcement needs of the U.S. Marshals Service so
require;
(c) Selected employees of private security companies in providing
courtroom security for the Federal judiciary;
(d) Other persons designated by the Associate Attorney General
pursuant to 28 CFR 0.19(a)(3).
All such deputations shall expire on a date certain which shall be
stated on the face of the deputation.
[Order No. 1047-84, 49 FR 6485, Feb. 22, 1984, as amended at 61 FR
33657, June 28, 1996]
Sec. 0.113 Redelegation of authority.
The Director, U.S. Marshals Service, is authorized to redelegate to
any of his subordinates any of the powers and functions vested in him by
this subpart, except that the authority to approve ``other necessary
expenditures in
[[Page 65]]
the line of duty'' of U.S. Marshals and Deputy U.S. Marshals may not be
delegated below the Assistant Director level.
[Order No. 905-80, 45 FR 52145, Aug. 6, 1980]
Sec. 0.114 Fees for services.
(a) The United States Marshals Service shall routinely collect fees
according to the following schedule:
(1) For process forwarded for service from one U.S. Marshals Service
Office or suboffice to another--$8 per item forwarded;
(2) For process served by mail--$8 per item mailed;
(3) For process served or executed personally--$65 per hour (or
portion thereof) for each item served by one U.S. Marshals Service
employee, agent, or contractor, plus travel costs and any other out-of-
pocket expenses. For each additional U.S. Marshals Service employee,
agent, or contractor who is needed to serve process--$65 per person per
hour for each item served, plus travel costs and any other out-of-pocket
expenses.
(4) For copies at the request of any party--$.10 per page;
(5) For preparing notice of sale, bill of sale, or U.S. Marshal
deed--$20 per item;
(6) For keeping and advertisement of property attached--actual
expenses incurred in seizing, maintaining, and disposing of property.
(b) Out-of-pocket expenses include, but are not limited to,
advertising, inventorying, storage, moving, insurance, guard hire,
prisoner transportation and housing, and any other third-party
expenditure incurred in executing process.
(c) Travel costs, including mileage, shall be calculated according
to 5 U.S.C. chapter 57.
(d) ``Item'' is defined as all documents issued in one action which
are served simultaneously on one person or organization.
(e) ``Process'' is defined to include, but is not limited to, a
summons and complaint, subpoena, writ, orders, and the execution of
court-ordered injunctions, and civil commitments on behalf of a
requesting party. Process may also include the execution of ancillary
court orders (other than subpoenas issued on behalf of indigent
defendants and arrest warrants) in criminal cases.
(f) The United States Marshals Service shall collect the fees
enumerated in paragraph (a) of this section, where applicable, even when
process in returned to the court or the party unexecuted, as long as
service is endeavored.
(g) Pursuant to 28 U.S.C. 565, the Director of the United States
Marshals Service is authorized to use funds appropriated for the Service
to make payments for expenses incurred pursuant to personal services
contracts and cooperative agreements for the service of summonses on
complaints, subpoenas, and notices, and for security guards.
(h) The United States Marshals Service shall collect a commission of
3 percent of the first $1,000 collected and 1.5 percent on the excess of
any sum over $1,000, for seizing or levying on property (including
seizures in admiralty), disposing of such property by sale, setoff, or
otherwise, and receiving and paying over money, except that the amount
of commission shall not be less than $100.00 and shall not exceed
$50,000. The U.S. Marshal's commission shall apply to all judicially
ordered sales and/or execution sales, including but not limited to all
private mortgage foreclosure sales. if the property is not disposed of
by Marshal's sale, the commission shall be set by the court within the
range established above.
[56 FR 2437, Jan. 23, 1991, as amended by Order No. 2316-2000, 65 FR
47862, Aug. 4, 2000; AG Order 3017-2008, 73 FR 69554, Nov. 19, 2008; 78
FR 59819, Sept. 30, 2013]
Subpart U_Executive Office for Immigration Review
Source: Order No. 1237-87, 52 FR 44971, Nov. 24, 1987, unless
otherwise noted.
Sec. 0.115 General functions.
(a) The Executive Office for Immigration Review shall be headed by a
Director who shall be assisted by a Deputy Director. The Director shall
be responsible for the general supervision of the Board of Immigration
Appeals, the Office of the Chief Immigration Judge, and the Office of
the Chief Administrative Hearing Officer in the execution of their
duties.
[[Page 66]]
(b) The Director may redelegate the authority delegated to him by
the Attorney General to the Deputy Director, the Chairman of the Board
of Immigration Appeals, the Chief Immigration Judge, or the Chief
Administrative Hearing Officer.
[Order No. 2180-98, 63 FR 51519, Sept. 28, 1998]
Sec. 0.116 Board of Immigration Appeals.
The Board of Immigration Appeals shall consist of a Chairman, two
Vice Chairmen, and twenty other members. The Chairman shall be
responsible for providing supervision and establishing internal
operating procedures of the Board in the exercise of its authorities and
responsibilities as delineated in 8 CFR 3.1 through 3.8.
[Order 1237-87, 52 FR 44971, Nov. 24, 1987, as amended by Order 1992-95,
60 FR 53268, Oct. 13, 1995; Order No. 2062-96, 61 FR 59305, Nov. 22,
1996; Order No. 2180-98, 63 FR 51519, Sept. 28, 1998; Order No. 2297-
2000, 65 FR 20069, Apr. 14, 2000; Order No. 2511-2001, 66 FR 47380,
Sept. 12, 2001]
Sec. 0.117 Office of Chief Immigration Judge.
The Chief Immigration Judge shall provide general supervision to the
Immigration Judges in performance of their duties in accordance with the
Immigration and Nationality Act, 8 U.S.C. 1226 and 1252 and 8 CFR 3.9.
Sec. 0.118 Office of Chief Administrative Hearing Officer.
The Chief Administrative Hearing Officer shall provide general
supervision to the Administrative Law Judges in performance of their
duties in accordance with 8 U.S.C. 1324 A and B.
Subpart U 1_Office of Community Oriented Policing Services
Source: Order No. 1948-95, 60 FR 8933, Feb. 16, 1995, unless
otherwise noted.
Sec. 0.119 Organization.
The Office of Community Oriented Policing Services shall be headed
by a Director appointed by the Attorney General. The Director shall
report to the Attorney General through the Associate Attorney General.
Sec. 0.120 General functions.
The Director, Office of Community Oriented Policing Services shall:
(a) Exercise the powers and perform the functions vested in the
Attorney General by title I and subtitle H of title III of the Violent
Crime Control and Law Enforcement Act of 1994 (Pub. L. 103-322); and
(b) Perform such other duties and functions relating to policing and
law enforcement as may be specially assigned by the Attorney General or
the Associate Attorney General.
Sec. 0.121 Applicability of existing departmental regulations.
Unless superseded by regulations promulgated by the Office of
Community Oriented Policing Services, Departmental regulations set forth
in part 18 of this title, applicable to grant programs administered
through the Office of Justice Programs, shall apply with equal force and
effect to grant programs administered by the Office of Community
Oriented Policing Services, with references to the Office of Justice
Programs and its components in such regulations deemed to refer to the
Office of Community Oriented Policing Services, as appropriate.
Subpart U 2_Office on Violence Against Women
Source: Order No. 2811-2006, 71 FR 19827, Apr. 18, 2006, unless
otherwise noted.
Sec. 0.122 Office on Violence Against Women.
(a) The Director, Office on Violence Against Women, under the
general authority of the Attorney General, shall:
(1) Exercise the powers and perform the duties and functions
described in section 402(3) of title IV of the 21st Century Department
of Justice Appropriations Authorization Act (Pub. L. 107-273); and
(2) Perform such other duties and functions relating to such duties
as may be authorized by law or assigned or delegated by the Attorney
General, consistent with constitutional limits on the Federal
Government's authority to act in this area.
[[Page 67]]
(b) Departmental regulations set forth in 28 CFR part 61, Appendix
D, applicable to the Office of Justice Programs, shall apply with equal
force and effect to the Office on Violence Against Women, with
references to the Office of Justice Assistance, Research and Statistics,
and its components, in such regulations deemed to refer to the Office on
Violence Against Women, as appropriate.
(c) Departmental regulations set forth in part 18 of this title,
shall apply with equal force and effect to grant programs administered
by the Office on Violence Against Women, with references to the Office
of Justice Programs and its components in such regulations deemed to
refer to the Office on Violence Against Women, as appropriate.
[Order No. 2811-2006, 71 FR 19827, Apr. 18, 2006, as amended at 80 FR
1006, Jan. 8, 2015]
Subpart U 3_Office of the Federal Detention Trustee
Source: Order No. 2825-2006, 71 FR 36193, June 26, 2006, unless
otherwise noted.
Sec. 0.123 Federal Detention Trustee.
(a) The Office of the Federal Detention Trustee shall be headed by a
Detention Trustee appointed by the Attorney General. The Detention
Trustee shall exercise all powers and functions authorized by law
related to the detention of Federal prisoners in non-Federal
institutions or otherwise in the custody of the United States Marshals
Service in accordance with 28 U.S.C. 530C(b)(7).
(b) The Detention Trustee shall:
(1) Manage funds appropriated to the Department in the exercise of
such detention functions.
(2) Oversee the construction of detention facilities or housing
related to such detention.
(3) Set policy regarding such detention, and perform such functions
as may be necessary for the effective policy-level coordination of
detention operations.
(4) Oversee contracts for detention services, including, when the
Detention Trustee deems appropriate, negotiating purchases and entering
into contracts and intergovernmental agreements for detention services,
and making required determinations and findings for the acquisition of
services.
(5) Manage the Justice Prisoner and Alien Transportation System.
(c) This regulation sets forth the general functions of the
Detention Trustee solely for the purpose of internal Department of
Justice guidance. It is not intended to, does not, and may not be relied
upon to create any rights, substantive or procedural, that are
enforceable at law by any party in any matter, civil or criminal.
Subpart V_United States Parole Commission
Cross Reference: For regulations pertaining to the United States
Parole Commission, see parts 2 and 4 of this chapter.
Source: Order No. 663-76, 41 FR 35184, Aug. 20, 1976, unless
otherwise noted.
Sec. 0.124 United States Parole Commission.
The U.S. Parole Commission is composed of nine Commissioners of whom
one is designated Chairman. The Commission:
(a) Has authority, under 18 U.S.C. 4201 et seq., to grant, modify,
or revoke paroles of eligible U.S. prisoners serving sentences of more
than 1 year, and is responsible for the supervision of parolees and
prisoners mandatorily released prior to the expiration of their
sentences, and for the determination of supervisory conditions and
terms;
(b) Has responsibility in cases in which the committing court
specifies that the Parole Commission shall determine the date of parole
eligibility of the prisoner;
(c) Has responsibility for determining, in accordance with the
Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 504),
whether the service as officials in the field of organized labor or in
labor oriented management positions of persons convicted of certain
crimes is contrary to the purposes of that act; and
(d) Has responsibility under the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1111), for determining whether persons convicted
of
[[Page 68]]
certain crimes may provide services to, or be employed by, employment
benefit plans.
[Order No. 960-81, 46 FR 52349, Oct. 27, 1981]
Sec. 0.125 Chairman of U.S. Parole Commission.
The Chairman of the United States Parole Commission shall make any
temporary assignment of a Commissioner to act as Vice Chairman, National
Appeals Board member, or Regional Commissioner in the case of an absence
or vacancy in the position, without the concurrence of the Attorney
General.
Sec. 0.126 Administrative support.
The Department of Justice shall furnish administrative support to
the Commission.
Sec. 0.127 Indigent prisoners.
The U.S. Parole Commission is authorized to exercise the authority
vested in the Attorney General by section 3569 of title 18, U.S. Code,
to make a finding that a parolee is unable to pay a fine in whole or in
part and to direct release of such parolee based on such finding.
Subpart V 1_Foreign Claims Settlement Commission
Source: Order No. 960-81, 46 FR 52349, Oct. 27, 1981, unless
otherwise noted.
Sec. 0.128 Organization.
The Foreign Claims Settlement Commission of the United States is a
separate agency within the Department of Justice. It is composed of a
full-time Chairman, and two part-time Commissioners. All functions,
powers, and duties of the Commission not directly related to
adjudicating claims are vested in the Chairman of the Commission,
including the functions set forth in section 3 of Reorganization Plan
No. 1 of 1954 and the authority to issue rules and regulations. The
Attorney General provides necessary administrative support and services
to the Commission.
Sec. 0.128a General functions.
The Foreign Claims Settlement Commission has been authorized to
determine claims of United States nationals for loss of property in
specific foreign countries as a result of nationalization or other
taking by the government of those countries by the International Claims
Settlement Act of 1949, as amended, (22 U.S.C. 1621-1645o); and to
determine claims of U.S. nationals and organizations in territories of
the United States for damage and loss of property as a result of
military operations during World War II and claims of U.S. military
personnel and civilian American citizens for having been held in a
captured status in specified areas during World War II, the Korean
conflict and the Vietnam conflict by the War Claims Act of 1948, as
amended (50 U.S.C. app. 2001-2017p).
Sec. 0.128b Regulations.
All rules of practice and regulations applicable to the management
of the affairs of and the adjudication of claims by the Foreign Claims
Settlement Commission of the United States are published in 45 CFR
chapter V.
Subpart V 2_Professional Responsibility Advisory Office
Source: Order No. 2791-2005, 70 FR 76164, Dec. 23, 2005, unless
otherwise noted.
Sec. 0.129 Professional Responsibility Advisory Office.
(a) The Professional Responsibility Advisory Office is headed by a
Director appointed by the Deputy Attorney General. The Director shall be
responsible to, and report directly to, the Deputy Attorney General and
shall be a member of the Senior Executive Service.
(b) The Professional Responsibility Advisory Office shall:
(1) Advise Department of Justice attorneys on specific questions
involving professional responsibility, including compliance with 28
U.S.C. 530b (``Section 530B''), which requires certain federal attorneys
to comply with state rules of ethics.
(2) Assist or support training and informational programs for
Department
[[Page 69]]
attorneys and client agencies concerning Section 530B and other
professional responsibility requirements, including disseminating
relevant and timely information.
(3) Assemble, centralize and maintain ethics reference materials,
including the codes of ethics of the District of Columbia and every
state and territory, and any relevant interpretations thereof.
(4) Coordinate with the relevant litigating components of the
Department to defend attorneys in any disciplinary or other proceeding
where it is alleged that they failed to meet their ethical obligations,
provided that the attorney made a good-faith effort to ascertain the
ethics requirements and made a good-faith effort to comply with those
requirements.
(5) Serve as a liaison with the state and federal bar associations
in matters relating to the implementation and interpretation of Section
530B, and amendments and revisions to the various state ethics codes.
(6) Perform such other duties and assignments as deemed necessary
from time to time by the Attorney General or the Deputy Attorney
General.
(c) Nothing in this subpart shall be construed as affecting the
functions or overriding the authority of the Office of Legal Counsel as
established by 28 CFR 0.25.
Subpart W_Bureau of Alcohol, Tobacco, Firearms, and Explosives
Source: Order No. 2650-2003, 68 FR 4926, Jan. 31, 2003, unless
otherwise noted.
Sec. 0.130 General functions.
Subject to the direction of the Attorney General and the Deputy
Attorney General, the Director of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives shall:
(a) Investigate, administer, and enforce the laws related to
alcohol, tobacco, firearms, explosives, and arson, and perform other
duties as assigned by the Attorney General, including exercising the
functions and powers of the Attorney General under the following
provisions of law:
(1) 18 U.S.C. chapters 40 (related to explosives), 44 (related to
firearms), 59 (related to liquor trafficking), and 114 (related to
trafficking in contraband cigarettes);
(2) Chapter 53 of the Internal Revenue Code of 1986, 26 U.S.C.
chapter 53 (related to certain firearms and destructive devices);
(3) Chapters 61 through 80, inclusive, of the Internal Revenue Code
of 1986, 26 U.S.C. chapters 61-80, insofar as they relate to activities
administered and enforced with respect to chapter 53 of the Internal
Revenue Code of 1986, 26 U.S.C. chapter 53;
(4) 18 U.S.C. 1952 and 3667, insofar as they relate to liquor
trafficking;
(5) 49 U.S.C. 80303 and 80304, insofar as they relate to contraband
described in section 80302(a)(2) or 80302(a)(5); and
(6) 18 U.S.C. 1956 and 1957, insofar as they involve violations of:
(i) 18 U.S.C. 844(f) or (i) (relating to explosives or arson),
(ii) 18 U.S.C. 922(l) (relating to the illegal importation of
firearms),
(iii) 18 U.S.C. 924(n) (relating to illegal firearms trafficking),
(iv) 18 U.S.C. 1952 (relating to traveling in interstate commerce in
aid of racketeering enterprises insofar as they concern liquor on which
Federal excise tax has not been paid);
(v) 18 U.S.C. 2341-2346 (trafficking in contraband cigarettes);
(vi) Section 38 of the Arms Export Control Act, as added by Public
Law 94-329, section 212(a)(1), as amended, 22 U.S.C. 2778 (relating to
the importation of items on the U.S. Munitions Import List), except
violations relating to exportation, in transit, temporary import, or
temporary export transactions;
(vii) 18 U.S.C. 1961 insofar as the offense is an act or threat
involving arson that is chargeable under State law and punishable by
imprisonment for more than one year; and
(viii) Any offense relating to the primary jurisdiction of Bureau of
Alcohol, Tobacco, Firearms, and Explosives that the United States would
be obligated by a multilateral treaty either to extradite the alleged
offender or to submit the case for prosecution if the offender were
found within the territory of the United States;
[[Page 70]]
(b)(1) Investigate, seize, and forfeit property involved in a
violation or attempted violation within the investigative jurisdiction
set out in paragraph (a), under 18 U.S.C. 981 and 982;
(2) Seize, forfeit, and remit or mitigate the forfeiture of property
in accordance with 21 U.S.C. 881 and applicable Department of Justice
regulations.
(c) Subject to the limitations of 3 U.S.C. 301, exercise the
authorities of the Attorney General under section 38 of the Arms Export
Control Act, 22 U.S.C. 2778, relating to the importation of defense
articles and defense services, including those authorities set forth in
27 CFR part 47; and
(d) Perform any other function related to the investigation of
violent crime or domestic terrorism as may be delegated to the Bureau of
Alcohol, Tobacco, Firearms, and Explosives by the Attorney General.
[Order No. 2650-2003, 68 FR 4926, Jan. 31, 2003, as amended at 77 FR
51699, Aug. 27, 2012; AG Order No. 3421-2014, 79 FR 12062, Mar. 4, 2014;
AG Order No. 3495-2015, 80 FR 9989, Feb. 25, 2015]
Sec. 0.131 Specific functions.
The Director of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives shall:
(a) Operate laboratories in support of Bureau activities; provide,
with or without cost, technical and scientific assistance, including
expert testimony, to Federal, State, or local agencies; and make
available the services of the laboratories to foreign law enforcement
agencies and courts under procedures agreed upon by the Secretary of
State and the Attorney General;
(b) Operate the National Explosives Licensing Center to review
applications for explosives licenses and permits; determine the
eligibility of applicants; issue licenses and permits on approved
explosives applications; coordinate with field offices the inspection of
applicants, licensees, and permittees; and maintain an explosives
license and permit database;
(c) Operate the National Firearms Licensing Center to review
applications for firearms licenses; determine the eligibility of
applicants; issue licenses on approved firearms applications; coordinate
with field offices the inspection of applicants and licensees; and
maintain a firearms license database;
(d) Maintain and operate the National Firearms Registration and
Transfer Record (NFRTR), pursuant to section 5841 of the Internal
Revenue Code of 1986, 26 U.S.C. 5841, as a registry of all National
Firearms Act (NFA) firearms in the United States that are not in the
possession or under the control of the United States;
(e) Maintain and operate the Arson and Explosives National
Repository, a national repository of information on incidents involving
arson and the suspected criminal misuse of explosives, under 18 U.S.C.
846(b);
(f) Maintain and operate the National Tracing Center to process
requests from Federal, State, local, and foreign law enforcement
agencies for the tracing of crime guns; and collect and analyze trace
data, out-of-business records, reports of firearms stolen or lost from
the inventories of licensees or interstate shipments, and multiple sales
reports contained in the Firearms Tracing System (FTS), under 18 U.S.C.
chapter 44;
(g) Establish, maintain and operate an Explosives Training and
Research Facility to train Federal, State, and local law enforcement
officers to investigate bombings and explosions, properly handle,
utilize, and dispose of explosives materials and devices, train canines
as explosives detection canines, and conduct research on explosives, as
authorized by section 1114 of the Homeland Security Act of 2002;
(h) Pay awards for information or assistance and pay for the
purchase of evidence or information as authorized by 28 U.S.C. 524;
(i) Subject to applicable statutory restrictions on the disclosure
of records of information:
(1) Release information obtained by the Bureau and Bureau
investigative reports to Federal, State, and local officials engaged in
the enforcement of laws related to alcohol, tobacco, arson, firearms,
and explosives offenses;
[[Page 71]]
(2) Release information obtained by Bureau and Bureau investigative
reports to Federal, State, and local prosecutors, and State licensing
boards, engaged in the institution and prosecution of cases before
courts and licensing boards related to alcohol, tobacco, arson, firearms
and explosives offenses;
(3) Authorize the testimony of Bureau officials in response to
subpoenas or demands issued by the prosecution in Federal, State, or
local criminal cases involving offenses under the jurisdiction of the
Bureau; and
(4) Except as provided in paragraph (i)(1) of this section,
authorize all other production of information or testimony of Bureau
officials in response to subpoenas or demands of courts or other
authorities as governed by subpart B of part 16 of this chapter.
Sec. 0.132 Delegation respecting claims against the Bureau of Alcohol,
Tobacco, Firearms, and Explosives.
(a) The Director of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives is authorized to exercise the power and authority vested in
the Attorney General under 31 U.S.C. 3724, with regard to claims arising
out of the lawful activities of Bureau of Alcohol, Tobacco, Firearms,
and Explosives personnel, in an amount not to exceed $50,000 in any one
case.
(b) The Director of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives is authorized to redelegate the power and authority vested in
him by paragraph (a) of this section and by 28 CFR 0.172 to the Chief
Counsel of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and
the Chief Counsel's designee within the Office of Chief Counsel. This
authority shall not be further redelegated below the Associate Chief
Counsel level.
[Order No. 2650-2003, 68 FR 4926, Jan. 31, 2003, as amended by AG Order
3330-2012, 77 FR 26183, May 3, 2012]
Sec. 0.133 Transition and continuity of regulations.
(a) Except as otherwise provided in this section, and to the extent
applicable to the functions transferred to the Department of Justice by
the Homeland Security Act of 2002:
(1) The regulations contained in 27 CFR part 46, subpart F
(Distribution of Cigarettes), part 47 (Importation of Arms, Ammunition
and Implements of War), part 55 (Commerce in Explosives), part 178
(Commerce in Firearms and Ammunition), and part 179 (Machine Guns,
Destructive Devices, and Certain Other Firearms) as in effect on January
23, 2003 (see 27 CFR chapter I, revised as of July 1, 2002), shall
continue in effect with respect to the operations of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives according to their terms
until amended, modified, superseded, terminated, set aside, or revoked
in accordance with law.
(2) The regulations promulgated by the Department of the Treasury
relating to the Bureau of Alcohol, Tobacco and Firearms, or by the
Bureau of Alcohol, Tobacco and Firearms of the Department of the
Treasury, in effect as of January 23, 2003, shall continue to apply to
the operations of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives until amended, modified, superseded, terminated, set aside,
or revoked in accordance with law, unless the application of such
regulations would be inconsistent with statutes or regulations
applicable to the Department of Justice.
(3) All orders, delegations, determinations, rules, personnel
actions, permits, agreements, grants, contracts, certificates, licenses,
registrations, and privileges of the Bureau of Alcohol, Tobacco and
Firearms completed or in effect as of January 23, 2003, and all matters
and proceedings pending therein on January 23, 2003, shall continue in
effect according to their terms, to the extent that they relate to the
authorities or functions transferred to the Department of Justice
pursuant to the Homeland Security Act of 2002, until amended, modified,
superseded, terminated, set aside, or revoked in accordance with law,
unless such application would be inconsistent with statutes or
regulations applicable to the Department of Justice.
(4) References in such regulations, orders, delegations,
determinations, rules, personnel actions, permits,
[[Page 72]]
agreements, grants, contracts, certificates, licenses, registrations,
and privileges to the Secretary of Treasury, the Department of Treasury,
the Director of the Bureau of Alcohol, Tobacco and Firearms, or the
Bureau of Alcohol, Tobacco and Firearms or its officers, employees,
agents or organizational units or functions shall be deemed to refer, as
appropriate, on and after January 24, 2003, to the Attorney General, the
Department of Justice, the Director of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, the Bureau of Alcohol, Tobacco, Firearms, and
Explosives or to its officers, employees, or agents or its corresponding
organizational units or functions, respectively.
(b) Exceptions. Notwithstanding the provisions of paragraph (a) of
this section, 27 CFR part 72, and 27 CFR 46.155, 178.152 and 179.182 as
in effect on January 23, 2003, shall not be deemed applicable to the
Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Subpart W 1_Office of Tribal Justice
Source: Order No. 3229-2010, 75 FR 70123, Nov. 17, 2010, unless
otherwise noted.
Sec. 0.134 Office of Tribal Justice.
(a) Organization. The Office of Tribal Justice is headed by a
Director appointed by the Attorney General. The Director shall be
responsible to, and report directly to, the Deputy Attorney General and
the Associate Attorney General and shall be a member of the Senior
Executive Service.
(b) Mission. The mission of the Office of Tribal Justice shall be to
provide a principal point of contact within the Department of Justice to
listen to the concerns of Indian Tribes and other parties interested in
Indian affairs and to communicate the Department's policies to the
Tribes and the public; to promote internal uniformity of Department of
Justice policies and litigation positions relating to Indian country;
and to coordinate with other Federal agencies and with State and local
governments on their initiatives in Indian country.
(c) Function. Subject to the general supervision and direction of
the Deputy Attorney General and the Associate Attorney General, the
Office of Tribal Justice shall:
(1) Serve as the program and legal policy advisor to the Attorney
General with respect to the treaty and trust relationship between the
United States and Indian Tribes;
(2) Serve as the Department's initial and ongoing point of contact,
and as the Department's principal liaison, for Federally recognized
Tribal governments and Tribal organizations;
(3) Coordinate the Department's activities, policies, and positions
relating to Indian Tribes, including the treaty and trust relationship
between the United States and Indian Tribes;
(4) Ensure that the Department and its components work with Indian
Tribes on a government-to-government basis;
(5) Collaborate with Federal and other government agencies to
promote consistent, informed government-wide policies, operations, and
initiatives related to Indian Tribes;
(6) Serve as a clearinghouse for coordination among the various
components of the Department on Federal Indian law issues, and with
other Federal agencies on the development of policy or Federal
litigation positions involving Indians and Indian Tribes;
(7) Coordinate with each component of the Department to ensure that
each component of the Department has an accountable process to ensure
meaningful and timely consultation with Tribal leaders in the
development of regulatory policies and other actions that affect the
trust responsibility of the United States to Indian Tribes, any Tribal
treaty provision, the status of Indian Tribes as sovereign governments,
or any other Tribal interest.
(8) Ensure that the consultation process of each component of the
Department is consistent with Executive Order 13175 and with the
Department's consultation policy;
(9) Serve, through its Director, as the official responsible for
implementing the Department's Tribal consultation policy and for
certifying compliance with Executive Order 13175 to the Office of
Management and Budget; and
(10) Perform such other duties and assignments as deemed necessary
from
[[Page 73]]
time to time by the Attorney General, the Deputy Attorney General, or
the Associate Attorney General.
Subpart W 2_Additional Assignments of Functions and Designation of
Officials To Perform the Duties of Certain Offices in Case of Vacancy,
or Absence Therein or in Case of Inability or Disqualification to Act
Sec. 0.135 Functions common to heads of organizational units.
Subject to the general supervision and direction of the Attorney
General, the head of each organizational unit within the Department
shall:
(a) Direct and supervise the personnel, administration, and
operation of the office, division, bureau, or board of which he is in
charge.
(b) Under regulations prescribed by the Attorney General with the
approval of the Director of the Office of Management and Budget, have
authority to reallot funds allotted by the Assistant Attorney General
for Administration and to redelegate to persons within his
organizational unit authority and responsibility for the reallotment of
such funds and control of obligations and expenditures within
reallotments.
(c) Perform such special assignments as may from time to time be
made to him by the Attorney General.
(d) Except as otherwise provided in this chapter, receive submittals
and requests relative to the functions of his organizational unit.
[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 52349, Oct.
27, 1981. Redesignated by Order No. 2650-2003, 68 FR 4926, Jan. 31,
2003. Further redesignated by Order No. 3229-2010, 75 FR 70123, Nov. 17,
2010]
Sec. 0.136 Designation of Acting United States Attorneys.
Each U.S. Attorney is authorized to designate any Assistant U.S.
Attorney in his office to perform the functions and duties of the U.S.
Attorney during his absence from office, or with respect to any matter
from which he has recused himself, and to sign all necessary documents
and papers, including indictments, as Acting U.S. Attorney while
performing such functions and duties.
[Order No. 840-79, 44 FR 43468, July 25, 1979. Redesignated by Order No.
2650-2003, 68 FR 4926, Jan. 31, 2003. Further redesignated by Order No.
3229-2010, 75 FR 70123, Nov. 17, 2010]
Sec. 0.137 Designating officials to perform the functions and duties of
certain offices in case of absence, disability or vacancy.
(a) In case of vacancy in the office of Attorney General, or of his
absence or disability, the Deputy Attorney General shall, pursuant to 28
U.S.C. 508(a) perform the functions and duties of and act as Attorney
General. When by reason of absence, disability, or vacancy in office,
neither the Attorney General nor the Deputy Attorney General is
available to exercise the duties of the office of Attorney General, the
Associate Attorney General shall, pursuant to 28 U.S.C. 508(b), perform
the functions and duties of and act as Attorney General. In the event of
vacancy, absence, or disability in each of these offices, the Solicitor
General shall perform the functions and duties of and act as Attorney
General.
(b) Every office within the Department to which appointment is
required to be made by the President with the advice and consent of the
Senate (``PAS office'') shall have a First Assistant within the meaning
of the Federal Vacancies Reform Act of 1998. Where there is a position
of Principal Deputy to the PAS office, the Principal Deputy shall be the
First Assistant. Where there is no position of Principal Deputy to the
PAS office, the First Assistant shall be the person whom the Attorney
General designates in writing.
(c) In the event of a vacancy in the office of the head of an
organizational unit that is not covered by paragraphs (a) or (b) of this
section, the ranking deputy (or an equivalent official) in such unit who
is available shall perform the functions and duties of and act as such
head, unless the Attorney General directs otherwise. Except as otherwise
provided by law, if there is
[[Page 74]]
no ranking deputy available, the Attorney General shall designate
another official of the Department to perform the functions and duties
of and act as such head.
(d) The head of an organizational unit of the Department not covered
by paragraphs (a) or (b) of this section is authorized, in the case of
absence from office or disability, to designate the ranking deputy (or
an equivalent official) in the unit who is available to act as head. If
there is no deputy available to act, any other official in such unit may
be designated. Alternatively, in his discretion, the Attorney General
may designate any official in the Department to act as head when a head
who is not covered by paragraphs (a) or (b) of this section is absent or
disabled.
[Order No. 755-77, 42 FR 59384, Nov. 17, 1977, as amended by Order No.
1043-84, 49 FR 4469, Feb. 7, 1984; Order No. 1097-85, 50 FR 25708, June
21, 1985; Order No. 1858-94, 59 FR 13883, Mar. 24, 1994; Order No. 2205-
99, 64 FR 6526, Feb. 10, 1999. Redesignated by Order No. 2650-2003, 68
FR 4926, Jan. 31, 2003. Further redesignated by Order No. 3229-2010, 75
FR 70123, Nov. 17, 2010]
Subpart X_Authorizations With Respect to Personnel and Certain
Administrative Matters
Sec. 0.138 Federal Bureau of Investigation, Drug Enforcement
Administration, Bureau of Alcohol, Tobacco, Firearms, and
Explosives, Bureau of Prisons, Federal Prison Industries,
Immigration and Naturalization Service, United States Marshals
Service, Office of Justice Programs, Executive Office for
Immigration Review, Executive Office for United States Attorneys,
Executive Office for United States Trustees.
(a) The Director of the Federal Bureau of Investigation, the
Administrator of the Drug Enforcement Administration, the Director of
the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Director
of the Bureau of Prisons, the Commissioner of Federal Prison Industries,
the Commissioner of Immigration and Naturalization Service, the Director
of the United States Marshals Service, the Assistant Attorney General
for the Office of Justice Programs, the Director of the Executive Office
for Immigration Review, the Director of the Executive Office for United
States Attorneys, and the Director of the Executive Office for United
States Trustees are, as to their respective jurisdictions, authorized to
exercise the power and authority vested in the Attorney General by law
to take final action in matters pertaining to the employment, direction,
and general administration (including appointment, assignment, training,
promotion, demotion, compensation, leave, awards, classification, and
separation) of personnel in General Schedule grades GS-1 through GS-15
and in wage board positions, but excluding therefrom all attorney and
U.S. Marshal positions. Such officials are, as to their respective
jurisdictions, authorized to exercise the power and authority vested in
the Attorney General by law to employ on a temporary basis experts or
consultants or organizations thereof, including stenographic reporting
services (5 U.S.C. 3109(b)).
(b) All personnel actions taken under this section shall be subject
to post-audit and correction by the Assistant Attorney General for
Administration.
[Order No. 2250-99, 64 FR 46846, Aug. 27, 1999, as amended by Order No.
2650-2003, 68 FR 4927, Jan. 31, 2003]
Sec. 0.139 [Reserved]
Sec. 0.140 Authority relating to advertisements, and purchase of
certain supplies and services.
The Director of the Federal Bureau of Investigation, the Director of
the Bureau of Prisons, the Commissioner of Federal Prison Industries,
the Commissioner of Immigration and Naturalization, the Administrator of
the Drug Enforcement Administration, the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives, the Director of the Office
of Justice Research and Statistics and the Director of the United States
Marshals Service as to their respective jurisdictions, and the Assistant
Attorney General for Administration, as to all other organizational
units of the Department (including U.S. Attorneys), are authorized to
exercise the power and authority vested in the Attorney General by law
to
[[Page 75]]
take final action in the following-described matters:
(a) Authorizing the publication of advertisements, notices, or
proposals under (44 U.S.C. 3702).
(b) Making determinations as to the acquisition of articles,
materials, or supplies in accordance with sections 2 and 3 of the Buy
American Act (47 Stat. 1520; 41 U.S.C. 10a, 10b).
(c) Placing orders with other agencies of the Government for
materials or services, and accepting orders therefor, in accordance with
section 686 of title 31 of the U.S. Code.
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
516-73, 38 FR 12918, May 17, 1973; Order No. 520-73, 38 FR 18380, July
10, 1973; Order No. 960-81, 46 FR 52350, Oct. 27, 1981; Order No. 2650-
2003, 68 FR 4927, Jan. 31, 2003]
Sec. 0.141 Audit and ledger accounts.
The Director of the Federal Bureau of Investigation, the Director of
the Bureau of Prisons, the Commissioner of Immigration and
Naturalization, the Administrator of the Drug Enforcement
Administration, the Director of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, and the Director of the Office of Justice
Assistance, Research and Statistics are, as to their respective
jurisdictions, authorized to audit vouchers and to maintain general
ledger accounts with respect to appropriations allotted to them.
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
520-73, 38 FR 18380, July 10, 1973; Order No. 960-81, 46 FR 52350, Oct.
27, 1981; Order No. 2650-2003, 68 FR 4927, Jan. 31, 2003]
Sec. 0.142 Per diem and travel allowances.
The Director of the Federal Bureau of Investigation, Director of the
Bureau of Prisons, Commissioner of Federal Prison Industries, Inc.,
Commissioner of Immigration and Naturalization Service, Administrator of
the Drug Enforcement Administration, Director of the Bureau of Alcohol,
Tobacco, Firearms, and Explosives, Director of the United States
Marshals Service, and Assistant Attorney General, Office of Justice
Programs, as to their respective jurisdictions, and the Assistant
Attorney General for Administration as to all other organizational units
of the Department (including U.S. Attorneys), except as provided in
paragraphs (f) and (g) of this section, are authorized to exercise the
authority of the Attorney General to take final action in the following
matters:
(a) Authorizing travel, subsistence, and mileage allowances under
sections 5702-5707 of title 5 of the U.S. Code in accordance with
regulations prescribed by the Administrator of General Services and the
Assistant Attorney General for Administration.
(b) Fixing rates in accordance with sections 5702-5704 and 5707 of
title 5, U.S. Code, and regulations prescribed by the Administrator of
General Services and the Assistant Attorney General for Administration.
(c) Authorizing travel advances pursuant to 5 U.S.C. 5705 in
accordance with the regulations prescribed by the Administrator of
General Services and the Assistant Attorney General for Administration.
(d) Authorizing travel and transportation expenses, and, when
applicable, relocation expenses for transferred employees, new
appointees and student trainees, in accordance with 5 U.S.C. 5721-5733
and regulations prescribed by the Administrator of General Services and
the Assistant Attorney General for Administration.
(e) Authorizing or approving, for purposes of security, the use of
compartments or other transportation accommodations superior to lowest
first-class accommodations under applicable travel regulations subject
to 5 U.S.C. 5731.
(f) The heads of Offices, Boards and Divisions, in addition to the
Bureaus, have the authority to approve the use of cash in excess of $100
in lieu of Government Transportation Requests in emergency
circumstances, in accordance with regulations prescribed by the
Administrator of the General Services Administration.
(g) The Director of the Federal Bureau of Investigation, the
Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives,
and the Administrator of the Drug Enforcement Administration are
authorized to approve travel expenses of newly appointed special agents
and the transportation expenses of their families and household
[[Page 76]]
goods and personal effects from place of residence at time of selection
to the first duty station, in accordance with 28 U.S.C. 530 and
regulations prescribed by the Assistant Attorney General for
Administration.
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969]
Editorial Note: For Federal Register citations affecting Sec.
0.142, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 0.143 Incentive Award Program.
The Director of the Federal Bureau of Investigation, the Director of
the Bureau of Prisons, the Commissioner of Federal Prison Industries,
the Administrator of the Drug Enforcement Administration, the Director
of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the
Assistant Attorney General for the Office of Justice Programs, the
Director of the Executive Office for U.S. Attorneys, the Director of the
Executive Office for U.S. Trustees, the Director of the Executive Office
for Immigration Review, and the Director of the U.S. Marshals Service,
as to their respective jurisdictions, and the Assistant Attorney General
for Administration, as to all other organizational units of the
Department, are authorized to exercise the power and authority vested in
the Attorney General by law with respect to the administration of the
Incentive Award Program and to approve honorary awards and cash awards
under such program not in excess of $7,500 for personnel in General
Schedule grades GS-1 through GS-15, administratively determined pay
systems, and wage board positions, but excluding all Schedule C
positions.
[Order No. 2949-2008, 73 FR 8816, Feb. 15, 2008]
Sec. 0.144 Determination of basic workweek.
The Director of the Federal Bureau of Investigation, Director of the
Bureau of Prisons, Commissioner of Federal Prison Industries, Inc.,
Commissioner of the Immigration and Naturalization Service,
Administrator of the Drug Enforcement Administration, Director of the
Bureau of Alcohol, Tobacco, Firearms, and Explosives, Director of the
Office of Justice Assistance, Research and Statistics, Director of the
Executive Office for United States Attorneys and Director of the United
States Marshals Service, as to their respective jurisdictions, and the
Assistant Attorney General for Administration, as to all other
organizational units of the Department, are authorized to exercise the
authority vested in the Attorney General by 5 U.S.C. 6101(a), to
determine that the organizational unit concerned would be seriously
handicapped in carrying out its functions or that costs would be
substantially increased except upon modification of the basic workweek,
and when such determination is made to fix the basic workweek of
officers and employees of the unit concerned.
[Order No. 960-81, 46 FR 52350, Oct. 27, 1981, as amended by Order No.
2650-2003, 68 FR 4928, Jan. 31, 2003]
Sec. 0.145 Overtime pay.
The Director of the Federal Bureau of Investigation, the Director of
the Bureau of Prisons, the Commissioner of Federal Prison Industries,
the Commissioner of Immigration and Naturalization, the Administrator of
the Drug Enforcement Administration, the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives, the Director of the Office
of Justice Assistance, Research and Statistics and the Director of the
U.S. Marshals Service as to their respective jurisdictions, and the
Assistant Attorney General for Administration, as to all other
organizational units of the Department (including U.S. Attorneys), may,
subject to any regulations which the Attorney General may prescribe,
authorize overtime pay (including additional compensation in lieu of
overtime of not less than 10 percent nor more than 25 percent pursuant
to section 5545(c)(2) of title 5, U.S. Code) for such positions as may
be designated by them.
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
516-73, 38 FR 12918, May 17, 1973; Order No. 520-73, 38 FR 18380, July
10, 1973; Order No. 960-81, 46 FR 52350, Oct. 27, 1981; Order No. 2650-
2003, 68 FR 4928, Jan. 31, 2003]
Sec. 0.146 Seals.
The Director of the Federal Bureau of Investigation, the Director of
the
[[Page 77]]
Bureau of Prisons, the Commissioner of Federal Prison Industries, the
Commissioner of Immigration and Naturalization, the Chairman of the
Board of Parole, the Administrator of the Drug Enforcement
Administration, the Director of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, the Director of the Office of Justice
Assistance, Research and Statistics, and the Director of the U.S.
Marshals Service shall each have custody of the seal pertaining to his
respective jurisdiction and he, or such person or persons as he may
designate, may execute under seal any certification required to
authenticate any books, records, papers, or other documents as true
copies of official records of their respective jurisdictions. The
Assistant Attorney General for Administration shall have custody of the
seal of the Department of Justice, and he, or such person or persons as
he may designate, may execute under seal any certification required to
authenticate any books, records, papers, or other documents as true
copies of official records of the Department of Justice. He may also
prescribe regulations governing the use of the seal of the Department
and various organizational units.
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
516-73, 38 FR 12918, May 17, 1973; Order No. 520-73, 38 FR 18380, July
10, 1973; Order No. 960-81, 46 FR 52350, Oct. 27, 1981; Order No. 2650-
2003, 68 FR 4928, Jan. 31, 2003]
Sec. 0.147 Certification of obligations.
The following designated officials are authorized to make the
certifications required by 31 U.S.C. 200(c): For the Federal Bureau of
Investigation, the Assistant Director, Administrative Services Division;
for the Bureau of Prisons, the Assistant Director for Planning and
Development; for Federal Prison Industries, Inc., the Secretary; for the
Immigration and Naturalization Service, the Comptroller; for the Drug
Enforcement Administration, the Director of the Office of Administration
and Management; for the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, the Assistant Director, Management; for the Office of
Justice Assistance, Research and Statistics, the Comptroller; and for
all other organizational units of the Department (including U.S.
Attorneys and U.S. Marshals), the Deputy Assistant Attorney General,
Office of the Controller, Justice Management Division.
[Order No. 972-82, 47 FR 9823, Mar. 8, 1982, as amended by Order No.
2650-2003, 68 FR 4928, Jan. 31, 2003]
Sec. 0.148 Certifying officers.
The Director of the Federal Bureau of Investigation, the Director of
the Bureau of Prisons, the Commissioner of the Federal Prison
Industries, Inc., the Commissioner of the Immigration and Naturalization
Service, the Administrator of the Drug Enforcement Administration, the
Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Assistant Attorney General for the Office of Justice Programs, the
Director of the United States Marshals Service, and the Director of the
Executive Office for United States Attorneys, as to their respective
jurisdictions, and the Assistant Attorney General for Administration, as
to all other organizational units of the Department are authorized to
designate employees to certify vouchers.
[Order No. 1142-86, 51 FR 25049, July 10, 1986, as amended by Order No.
2650-2003, 68 FR 4928, Jan. 31, 2003]
Sec. 0.149 Cash payments.
(a) The Director of the Federal Bureau of Investigation, the
Director of the Bureau of Prisons, the Commissioner of the Federal
Prison Industries, Inc., the Commissioner of the Immigration and
Naturalization Service, the Administrator of the Drug Enforcement
Administration, the Director of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, the Assistant Attorney General for the Office
of Justice Programs, the Director of the United States Marshals Service,
and the Director of the Executive Office for United States Attorneys, as
to their respective jurisdictions, and the Assistant Attorney General
for Administration, as to all other organizational units of the
Department, are authorized to:
(1) Request Department of the Treasury designation of disbursing
employees (including cashiers),
[[Page 78]]
(2) Approve waivers of the Department of the Treasury maximum
limitation on routine payments of cash from imprest funds, and
(3) Approve requests to place imprest funds in depositary cash
demand withdrawal accounts and establish the maximum amount of each
account.
(b) Guidelines are to be promulgated by each component for the
establishment and maintenance of such accounts in accordance with the
provisions set forth in the Treasury Financial Manual, Volume I, Part 4,
Chapter 3000. Existing authorizations to request designations of
disbursing employees shall remain in effect until terminated by the
official who by this section would be authorized to request such
designations.
[Order No. 1142-86, 51 FR 25049, July 10, 1986, as amended by Order No.
2650-2003, 68 FR 4928, Jan. 31, 2003]
Sec. 0.150 Collection of erroneous payments.
The Director of the Federal Bureau of Investigation for the FBI and
the Assistant Attorney General for Administration for all other
organizational units of the Department are authorized, in accordance
with the regulations prescribed by the Attorney General under section
5514(b) of title 5, U.S. Code, to collect indebtedness resulting from
erroneous payments to employees.
[Order No. 634-75, 40 FR 58644, Dec. 18, 1975]
Sec. 0.151 Administering oath of office.
The Director of the Federal Bureau of Investigation, the Director of
the Bureau of Prisons, the Commissioner of Federal Prison Industries,
the Commissioner of Immigration and Naturalization, the Administrator of
the Drug Enforcement Administration, the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives, the Director of the Office
of Justice Assistance, Research and Statistics, the Director of the
Executive Office for U.S. Attorneys, and the Director of the U.S.
Marshals Service, as to their respective jurisdictions, and the
Assistant Attorney General for Administration, as to all other
organizational units of the Department are authorized to designate, in
writing, pursuant to the provisions of sections 2903(b) and 2904 of
title 5, U.S. Code, officers or employees to administer the oath of
office required by section 3331 of title 5, U.S. Code, and to administer
any other oath required by law in connection with employment in the
executive branch of the Federal Government.
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
516-73, 38 FR 12918, May 17, 1973; Order No. 520-73, 38 FR 18380, July
10, 1973; Order No. 772-78, 43 FR 14009, Apr. 4, 1978; Order No. 960-81,
46 FR 52351, Oct. 27, 1981; Order No. 2650-2003, 68 FR 4928, Jan. 31,
2003]
Sec. 0.152 Approval of funds for attendance at meetings.
The Director of the Federal Bureau of Investigation, the Director of
the Bureau of Prisons, the Commissioner of Immigration and
Naturalization, the Administrator of the Drug Enforcement
Administration, the Director of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, and the Director of the Office of Justice
Assistance, Research and Statistics, as to their respective
jurisdictions, and the Assistant Attorney General for Administration, as
to all other organizational units of the Department (including U.S.
Attorneys and Marshals), are authorized to exercise the power and
authority vested in the Attorney General by law to prescribe regulations
for the expenditure of appropriated funds available for expenses of
attendance at meetings of organizations.
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
520-73, 38 FR 18380, July 10, 1973; Order No. 960-81, 46 FR 52351, Oct.
27, 1981; Order No. 2650-2003, 68 FR 4928, Jan. 31, 2003]
Sec. 0.153 Selection and assignment of employees for training.
The Director of the Federal Bureau of Investigation, the Director of
the Bureau of Prisons, the Commissioner of Federal Prison Industries,
Inc., the Commissioner of the Immigration and Naturalization Service,
the Administrator of the Drug Enforcement Administration, the Director
of the Bureau of
[[Page 79]]
Alcohol, Tobacco, Firearms, and Explosives, the Director of the Office
of Justice Assistance, Research and Statistics, the Director of the
Executive Office for United States Attorneys and the Director of the
United States Marshals Service, as to their respective jurisdictions,
and the Assistant Attorney General for Administration, as to all other
organizational units of the Department, are hereby authorized to
exercise the authority vested in the Attorney General by 5 U.S.C. 4109,
with respect to the selection and assignment of employees for training
by, in, or through Government facilities and the payment or
reimbursement of expenses for such training.
[Order No. 960-81, 46 FR 52351, Oct. 27, 1981, as amended by Order No.
2650-2003, 68 FR 4928, Jan. 31, 2003]
Sec. 0.154 Advance and evacuation payments and special allowances.
The Director of the Federal Bureau of Investigation, the Director of
the Bureau of Prisons, the Commissioner of Federal Prison Industries,
the Commissioner of Immigration and Naturalization, the Administrator of
the Drug Enforcement Administration, the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives, the Director of the United
States Marshals Service, and the Director of the Office of Justice
Assistance, Research and Statistics, as to their respective
jurisdictions, and the Assistant Attorney General for Administration, as
to all other organizational units of the Department (including U.S.
Attorneys), are hereby authorized to exercise the authority vested in
the Attorney General by sections 5522-5527 of title 5, U.S. Code, and
Executive Order 10982 of December 25, 1961, and to administer the
regulations adopted by the Attorney General in Order No. 269-62 with
respect to advance and evacuation payments and special allowances.
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
520-73, 38 FR 18380, July 10, 1973; Order No. 565-74, 39 FR 15877, May
6, 1974; Order No. 960-81, 46 FR 52351, Oct. 27, 1981; Order No. 2650-
2003, 68 FR 4928, Jan. 31, 2003]
Sec. 0.155 Waiver of claims for erroneous payments of pay and
allowances.
The Director of the Federal Bureau of Investigation, the Director of
the Bureau of Prisons, the Commissioner of Federal Prison Industries,
the Commissioner of Immigration and Naturalization, the Administrator of
the Drug Enforcement Administration, the Director of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives, and the Director of the
Office of Justice Assistance, Research and Statistics, as to their
respective jurisdictions, and the Assistant Attorney General for
Administration as to all other organizational units of the Department
(including U.S. Attorneys and Marshals) are authorized to exercise the
authority under 5 U.S.C. 5584 for the waiver of claims of the United
States for erroneous payments of pay and allowances to employees of the
Department of Justice.
[Order No. 514-73, 38 FR 12110, May 17, 1973, as amended by Order No.
520-73, 38 FR 18380, July 10, 1973; Order No. 960-81, 46 FR 52351, Oct.
27, 1981; Order No. 2650-2003, 68 FR 4928, Jan. 31, 2003; Order No.
2735-2004, 69 FR 57640, Sept. 27, 2004]
Sec. 0.156 Execution of U.S. Marshals' deeds or transfers of title.
A chief deputy or deputy U.S. Marshal who sells property--real,
personal, or mixed--on behalf of a U.S. Marshal, may execute a deed or
transfer of title to the purchaser on behalf of and in the name of the
U.S. Marshal.
Sec. 0.157 Federal Bureau of Investigation--Drug Enforcement
Administration Senior Executive Service.
(a) Pursuant to 5 U.S.C. 3151, there is established a personnel
system for senior personnel within the Federal Bureau of Investigation
(FBI) and the Drug Enforcement Administration (DEA) to be known as the
FBI-DEA Senior Executive Service (FBI-DEA SES).
(b) Pursuant to 5 U.S.C. 3151(b)(2)(B), a career employee in the
civil service is one who occupies, or who within the last 5 years
occupied, a permanent position in the competitive service, a career-type
permanent position in the excepted service, or a permanent position in
the SES while serving under a career
[[Page 80]]
appointment. A career-type permanent position in the excepted service
does not include:
(1) A Schedule C position authorized under 5 CFR 213.3301;
(2) A position that meets the same criteria as a Schedule C
position; and
(3) A position where the incumbent is traditionally removed upon a
change in Presidential Administration.
(c) Except as to the position of Deputy Director of the FBI (which
remains subject to the exclusive authority of the Attorney General), the
FBI-DEA SES is subject to the overall supervision and direction of the
Deputy Attorney General, who shall ensure that the FBI-DEA SES is
designed and administered in compliance with all statutory and
regulatory requirements.
(d) The Attorney General retains the authority to recommend members
of the FBI-DEA SES for Presidential Rank Awards.
[Order No. 1600-92, 57 FR 31314, July 15, 1992, as amended by Order No.
1975-95, 60 FR 35335, July 7, 1995; Order No. 2250-99, 64 FR 46846, Aug.
27, 1999]
Sec. 0.158 [Reserved]
Sec. 0.159 Redelegation of authority.
Except as to the authority delegated by Sec. 0.147, the authority
conferred by this subpart X upon heads of organizational units may be
redelegated by them, respectively, to any of their subordinates.
Existing delegations of authority to officers and employees and to U.S.
Attorneys, not inconsistent with this subpart X, made by any officer
named in this section or by the Assistant Attorney General for
Administration, shall continue in force and effect until modified or
revoked.
[Order No. 543-73, 38 FR 29587, Oct. 26, 1973]
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 (d) 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
$10,000,000 or 15 percent of the original claim, whichever is greater;
(2) Accept offers in compromise of claims asserted by the United
States in all cases in which a qualified financial expert has determined
that the offer in compromise is likely the maximum that the offeror has
the ability to pay;
(3) 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 $4,000,000; and
(4) Accept offers in compromise in all nonmonetary cases.
(b) Subject to the limitations set forth in paragraph (d) 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) Subject to the limitations set forth in paragraph (d) of this
section, the Assistant Attorney General, Environment and Natural
Resources Division, is further authorized to approve settlements under
the Comprehensive Environmental Response, Compensation and Liability
Act, 42 U.S.C. 9601 et seq., regardless of the amount of the proposed
settlement, with:
(1) Parties whose contribution to contamination at a hazardous waste
site is de minimis within the meaning of 42 U.S.C. 9622(g); or
(2) Parties whose responsibility can be equitably allocated and are
paying at least the allocated amount.
(d) Any proposed settlement, regardless of amount or circumstances,
must be referred to the Deputy Attorney General or the Associate
Attorney General, as appropriate:
[[Page 81]]
(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 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, as amended by Order No.
3001-2008, 73 FR 54947, Sept. 24, 2008; AG Order No. 3532-2015, 80 FR
30618, May 29, 2015]
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(d)(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; AG Order No. 3532-2015, 80 FR 30618, May 29, 2015]
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
[[Page 82]]
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 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 Sec. Sec. 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
[[Page 83]]
of the authority delegated by Sec. Sec. 0.160 (a), (b), and (c), 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 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(d) 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 $10,000,000; 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, as amended by AG Order
No. 3532-2015, 80 FR 30618, May 29, 2015]
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 United States Customs and Border Protection'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, as amended by AG Order
No. 3532-2015, 80 FR 30619, May 29, 2015]
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
[[Page 84]]
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.
(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 agreement 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) Delegation of authority. Subject to the limitations set forth in
paragraph (b) of this section, the Director of the Bureau of Prisons,
the Commissioner of Federal Prison Industries, the Director of the
United States Marshals Service, the Administrator of the Drug
Enforcement Administration, the Director of the Federal Bureau of
Investigation,
[[Page 85]]
and the Director of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives shall have authority under section 2672 of title 28, United
States Code, relating to the administrative settlement of Federal tort
claims, to consider, ascertain, adjust, determine, compromise, and
settle any claim involving their respective components, provided that
any award, compromise, or settlement shall not exceed $50,000.
(b) Limitations on authority. Any proposed award, compromise, or
settlement under section 2672 of title 28, United States Code, must be
referred to the Assistant Attorney General in charge of the Civil
Division, or his delegee, when--
(1) Because a significant question of law or policy is presented, or
for any other reason, the head of the referring component is of the
opinion that the proposed award, compromise, or settlement should
receive the personal attention of the Assistant Attorney General or his
delegee;
(2) Two or more claims arise from the same subject matter and the
total amount of any award, compromise, or settlement of all claims will
or may exceed $50,000; or
(3) The award, compromise, or settlement of a particular claim, as a
practical matter, will or may control or adversely influence the
disposition of other claims and the total settlement value of all claims
will or may exceed $50,000.
(c) Subject to the provisions of Sec. 0.160, the Assistant Attorney
General in charge of the Civil Division shall have authority to
consider, ascertain, 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.
[AG Order 3330-2012, 77 FR 26183, May 3, 2012]
Sec. Appendix to Subpart Y of Part 0--Redelegations of Authority To
Compromise and Close Civil Claims
Civil Division
Redelegation of Authority, to Branch Directors, Heads of Offices and
United States Attorneys in Civil Division Cases
[Directive No. 1-15]
By virtue of the authority vested in me by part 0 of title 28 of the
Code of Federal Regulations, particularly Sec. Sec. 0.45, 0.160, 0.164,
and 0.168, it is hereby ordered as follows:
Section 1. Scope of Delegation Authority
(a) Delegation to Deputy Assistant Attorneys General. The Deputy
Assistant Attorneys General are hereby delegated all the power and
authority of the Assistant Attorney General in charge of the Civil
Division, including with respect to the institution of suits, the
acceptance or rejection of compromise offers, the administrative
settlement of claims, and the closing of claims or cases, unless any
such authority or power 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(d) and 0.164, and sections 1(e) and
4(b) of this directive, and the authority of the Solicitor General set
forth in 28 CFR 0.163, United States Attorneys; 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:
(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 $10,000,000;
(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;
(3) Reject any offers in compromise; and
(4) Close any affirmative claim or case where the gross amount of
the original claim does not exceed $10,000,000.
(c) Subject to the limitations imposed by sections 1(e), 4(b), and 5
of this directive, United States Attorneys, Directors, and Attorneys-in-
Charge are hereby delegated the authority to:
(1) File suits, counterclaims, and cross-claims, or take any other
action necessary to protect the interests of the United States
[[Page 86]]
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 $10,000,000. Such actions
in nonmonetary cases which are other than routine will be submitted for
the approval of the Assistant Attorney General, Civil Division; and,
(2) Issue subpoenas, civil investigative demands, and any other
compulsory process.
(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.
(1) The authority to compromise cases, settle claims
administratively, file suits, counterclaims, and cross-claims, to close
claims or cases, or take any other action necessary to protect the
interests of the United States, delegated by paragraphs (a), (b), and
(c) of this section, may not be exercised, and the matter shall be
submitted for resolution to the Assistant Attorney General, Civil
Division, when:
(i) 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.
(ii) 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.
(iii) 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.
(iv) The United States Attorney involved is opposed to the proposed
action and requests that the matter be submitted to the Assistant
Attorney General for decision.
(v) The case is on appeal, except as determined by the Director of
the Appellate Staff.
(2) In fraud or False Claims Act cases and matters, for reasons
similar to those listed in sub-section l(e)(l)(i) through l(e)(l)(iii)
above, the Director of the Fraud Section of the Commercial Litigation
Branch, after consultation with the United States Attorney, may
determine that a case or matter will not be delegated to the United
States Attorney, but personally or jointly handled, or monitored, by the
Civil Division.
Section 2. Action Memoranda
(a) Whenever, pursuant to the authority delegated by this Directive,
an official of the Civil Division or a United States Attorney accepts a
compromise, closes a claim or files a suit or claim, 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, upon request
therefrom, 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 4-3.230 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 (b) of this
section. United States Attorneys are hereby delegated the authority to
take all necessary steps to protect the interests of the United States,
without prior approval of the Assistant Attorney General, Civil
Division, or his representatives, 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 where the gross amount of the
original claim does not exceed $10,000,000.
(2) Single family dwelling house foreclosures arising out of loans
made or insured
[[Page 87]]
by the Department of Housing and Urban Development, the Department of
Veterans Affairs, or the Farm Service Agency.
(3) Suits to enjoin violations of, or 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 Surface Transportation Board to enforce
orders of the Surface Transportation Board 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) Cases not covered. Regardless of the amount in controversy
(unless otherwise specified), 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) Cases 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 case involving vessel-caused pollution in navigable waters.
(6) Cases on appeal, except as determined by the Director of the
Appellate Staff.
(7) Any case involving litigation in a foreign court.
(8) 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 Consumer Protection Branch.
(9) Nonmonetary civil cases, including injunction suits, declaratory
judgment actions, and applications for inspection warrants, and cases
seeking civil penalties where the gross amount of the original claim
exceeds $10,000,000.
(10) Cases arising under the statutes listed in 28 CFR 0.45(j),
except as determined by the Director of the Consumer Protection Branch.
(11) Administrative claims arising under the Federal Tort Claims
Act.
Section 5. Civil Investigative Demands
Authority relating to Civil Investigative Demands issued under the
False Claims Act is hereby delegated to United States Attorneys in cases
that are delegated or assigned as monitored to their respective
components. In accordance with guidelines provided by the Assistant
Attorney General, each United States Attorney must provide notice and a
report of Civil Investigative Demands issued by the United States
Attorney. Authority relating to Civil Investigative Demands issued under
the False Claims Act in cases that are jointly or personally handled by
the Civil Division is hereby delegated to the Director of the Fraud
Section of the Commercial Litigation Branch. When a case is jointly
handled by the Civil Division and a United States Attorney's Office, the
Director of the Fraud Section will issue a Civil Investigative Demand
only after requesting the United States Attorney's recommendation.
Section 6. Adverse Decisions
All final judicial decisions adverse to the Government, other than
bankruptcy court decisions except as provided herein, 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 of
[[Page 88]]
such a decision, as well as an appeal of an adverse decision by a
district court or bankruptcy appellate panel reviewing a bankruptcy
court decision or a direct appeal of an adverse bankruptcy court
decision to a court of appeals, 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 7. Definitions
(a) For purposes of this directive, in the case of claims involving
only civil penalties, other than claims defined in 28 CFR 0.169(b), the
phrase ``gross amount of the original claim'' shall mean the maximum
amount of penalties sought.
(b) For purposes of this directive, in the case of claims asserted
in bankruptcy proceedings, the phrase ``gross amount of the original
claim'' shall mean 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.
Section 8. Supersession
This directive supersedes Civil Division Directive No. 1-10
regarding redelegation of the Assistant Attorney General's authority in
Civil Division cases to Branch Directors, heads of offices, and United
States Attorneys.
Section 9. Applicability
This directive applies to all cases pending as of the date of this
directive and is effective immediately.
Section 10. No Private Right of Action
This directive consists of rules of agency organization, procedure,
and practice and does not create a private right of action for any
private party to challenge the rules or actions taken pursuant to them.
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 Sec. Sec. 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
[[Page 89]]
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 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.
[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 Sec. Sec. 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 Sec. Sec. 0.160, 0.162,
0.164 and 0.171 of title 28 of the 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 Sec. Sec. 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
[[Page 90]]
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.
Environment and Natural Resources Division
[Directive No. 7-76]
Redelegation Of Authority To Initiate And To Compromise Environment 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 Sec. Sec. 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, Environment 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 Environment 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 (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 immediate
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 Environment 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
[[Page 91]]
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, Environment 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 Environment and Natural Resources Division is
hereby authorized, with respect to matters assigned to the Environment
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 Environment 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 Environment 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 Environment 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 Environment and
Natural Resources Division, to accept or reject offers in compromise of
claims against the United 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
[[Page 92]]
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 uncollectible. 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 uncollectible; 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 Environment 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 Environment and Natural Resources Division.
Effective date of this directive. This Directive shall be effective
on December 8, 1976.
[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 Sec. Sec. 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 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
[[Page 93]]
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
totaling 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 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.
[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 Environment 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.
[[Page 94]]
[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, Environment and Natural Resources Division, by the Attorney
General, chapter I, part O, subpart M, Sec. Sec. 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 Environment and Natural Resources Division.
Effective Date: February 4, 1985.
[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 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 Environment 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 Environment and Natural Resources Division.
Effective Date: April 12, 1983.
[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 Environment 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;
[[Page 95]]
(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.
Tax Division
[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.
[Tax Division Directive No. 139]
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 11 hereof, the Chiefs of the Civil Trial Sections and the Court
of Federal Claims Section are authorized to:
(A) Accept offers in compromise in, settle administratively, and
close (other than by compromise or by entry of judgment), all civil
cases in which the amount of the Government's concession, exclusive of
statutory interest, does not exceed $500,000;
(B) 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 $500,000; and
(C) 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 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, to
[[Page 96]]
accept offers in compromise in, settle administratively, and close
(other than by compromise or by entry of judgment), all civil cases in
which the amount of the Government's concession, exclusive of statutory
interest, does not exceed $250,000; provided that such redelegation is
not made to the attorney-of-record in the case. 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 11 hereof, the Chief of the Appellate Section is authorized to:
(A) Accept offers in compromise with reference to litigating hazards
of the issue(s) on appeal in all civil cases (other than claims for
attorneys' fees, litigation expenses and court costs) in which the
amount of the Government's concession, exclusive of statutory interest,
does not exceed $500,000;
(B) Accept offers in compromise in injunction [see sec. 2(B)] or
declaratory judgment suits against the United States in which the
principal amount of the related liability, if any, does not exceed
$500,000;
(C) Accept offers in compromise in, or settle administratively, all
civil claims for attorneys' fees, litigation expenses and court costs in
which the aggregate amount of the Government's concession on these
claims does not exceed $200,000, and in which the aggregate amount of
the Government's concession in the case, exclusive of statutory
interest, does not exceed $500,000; and
(D) 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. The Chief of the Appellate Section is authorized on a
case-by case basis to redelegate in writing to the Appellate Section's
Assistant Section Chiefs the authority delegated to the Chief of the
Appellate Section in Section 1 hereof to reject offers, and in Section 4
hereof, to:
(A) Accept offers in compromise with reference to litigation hazards
of the issue(s) on appeal in all civil cases (other than claims for
attorneys' fees, litigation expenses and court costs) in which the
amount of the Government's concession, exclusive of statutory interest,
does not exceed $250,000; and
(B) Accept offers in compromise in, or settle administratively, all
civil claims for attorneys' fees, litigation expenses and court costs in
which the aggregate amount of the Government's concession on these
claims does not exceed $100,000, and in which the aggregate amount of
the Government's concession in the case, exclusive of statutory
interest, does not exceed $250,000;
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 Chief of the Appellate Section, which shall be
placed in the Department of Justice file for the applicable case.
Section 6. Subject to the conditions and limitations set forth in
Section 11 hereof, the Chief of the Office of Review is authorized to:
(A) Accept offers in compromise and settle administratively 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; and
(B) Accept offers in compromise and close (other than by compromise
or by entry of judgment), claims by 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) Accept offers in compromises in all nonmonetary cases; and
(D) Reject offers in compromise or disapprove 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 or concession is not
subject to reference to the Joint Committee on Taxation.
Section 7. The Chief, Office of Review, is authorized on a case-by-
case basis to redelegate in writing to the office's Assistant Section
Chief or Reviewer the authority delegated to the Chief, Office of Review
in Section 6 hereof to reject offers, and in Section 6 hereof, to accept
offers in compromise in, settle administratively, and close (other than
by compromise or by entry of judgment), all civil cases in which the
amount of the Government's concession, exclusive of statutory interest,
does not exceed $750,000; provided that such redelegation is not made to
the attorney-of-record in the case. The redelegations pursuant to this
section shall be made by memorandum signed by the Section Chief, which
shall be placed in the Department of Justice file for the applicable
case.
Section 8. Subject to the conditions and limitations set forth in
Section 11 hereof, each of the Deputy Assistant Attorneys General is
authorized to:
(A) Accept offers in compromise and settle administratively 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 and close (other than by compromise
or by entry of judgment), claims by the United States in all
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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) Accept offers in compromise in all nonmonetary cases; and
(D) Reject offers in compromise or disapprove concessions,
regardless of amount;
provided that such action is not opposed by the agency or agencies
involved and the proposed compromise or concession is not subject to
reference to the Joint Committee on Taxation.
Section 9. In addition to the actions authorized by Section 8
hereof, and subject to the conditions and limitations set forth in
Section 10 hereof, a Principal Deputy Assistant Attorney General is
authorized to:
(A) Accept offers in compromise and settle administratively claims
against the United States in all civil cases, regardless of amount in
all cases in which the Joint Committee on Taxation has indicated that it
has no adverse criticism of the proposed settlement, provided that such
action is not opposed by the agency or agencies involved.
(B) Consistent with, and subject to the limitations of, 28 CFR
0.168, and in the absence of an Assistant Attorney General, redelegate
authority under this Directive to subordinate division officials and
United States Attorneys.
Section 10. Subject to the conditions and limitations set forth in
Section 11 hereof, United States Attorneys are authorized to:
(A) Reject offers in compromise of judgments in favor of the United
States, regardless of the 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, provided further that this authorization extends
only to judgments which have been formally referred to the United States
Attorney for collection.
Section 11. The authority redelegated herein shall be subject to the
following conditions and limitations;
(A) When, for any reason, the compromise or concession 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 in Sections 2, 3, 4, 5, 6, 7, 8, 9, and 10
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 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 0 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 in or to concede 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 12. With respect to a claim by the United States (also
sometimes referred to as a claim on behalf of the United States), the
term ``offer in compromise'' as used in this Directive is any settlement
of such a claim, except settlements in which the United States would
receive nothing or virtually nothing in exchange for giving up its
claim; and the term ``to close (other than by compromise or entry of
judgment),'' refers to a settlement under which the United States would
receive nothing, or virtually nothing in exchange for giving up its
claim.
Section 13. For a claim against the United States, the term ``offer
in compromise'' as used in this Directive is any settlement of such a
claim, except settlements in which the United States would receive
nothing, or virtually nothing, in exchange for conceding the claim
against it; and the term to ``settle administratively,'' means a
settlement in which the United States would receive nothing, or
virtually nothing, for conceding the claim against it.
Section 14. This Directive supersedes Tax Division Directive No.
135, which was effective November 21, 2007.
Section 15. This Directive shall become effective on March 21, 2011.
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
[[Page 98]]
Service with the authority to conduct civil forfeitures under section
2254 of the Protection of Children 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.
[34 FR 20388, Dec. 31, 1969]
Editorial Note: For Federal Register citations affecting the
appendix to subpart Y of part 0, see the List of CFR Sections Affected,
which appears in the Finding Aids section of the printed volume and at
www.fdsys.gov.
Subpart Z_Assigning Responsibility Concerning Applications for Orders
Compelling Testimony or Production of Evidence by Witnesses
Sec. 0.175 Judicial and administrative proceedings.
(a) When the subject matter of a case or proceeding is within his or
her respective jurisdiction, the Assistant Attorney General, Criminal
Division, the Assistant Attorney General for National Security, or any
Deputy Assistant Attorney General, Criminal Division or of the National
Security Division is authorized to exercise the authority vested in the
Attorney General by 18 U.S.C. 6003, to approve the application of a U.S.
Attorney to a federal court for an order compelling testimony or the
production of information by a witness in any proceeding before or
ancillary to a court or grand jury of the United States, and the
authority vested in the Attorney General by 18 U.S.C. 6004, to approve
the issuance by an agency of the United States of an order compelling
testimony or the production of information by a witness in a proceeding
before the agency, when the subject matter of the case or proceeding is
either within the cognizance of the Assistant Attorney General, Criminal
Division, the Assistant Attorney General for National Security, or is
not within the cognizance of the Divisions or Administration designated
in paragraphs (b) and (c) of this section.
(b) The Assistant Attorneys General or any Deputy Assistant Attorney
General of the Antitrust Division, the Civil Division, the Civil Rights
Division, the Environment and Natural Resources Division and the Tax
Division are authorized to exercise the power and authority vested in
the Attorney General by 18 U.S.C. 6003 to approve the application of a
U.S. Attorney to a Federal court for an order compelling testimony or
the production of information in any proceeding before or ancillary to a
court or grand jury of the United States when the subject matter of the
case or proceeding is within the cognizance of their respective
Divisions: Provided, however, That no approval shall be granted unless
the Criminal Division indicates that it has no objection to the proposed
grant of immunity.
(c) The Assistant Attorneys General and Deputy Assistant Attorneys
General designated in paragraph (b) of this section, and the
Administrator of the Drug Enforcement Administration are authorized to
exercise the authority vested in the Attorney General by 18 U.S.C. 6004
to approve the issuance by an agency of the United States of an order
compelling testimony or the production of information by a witness in a
proceeding before the agency when the subject matter of the proceeding
is within the cognizance of their respective Divisions or the
Administration: Provided, however, That no approval shall be granted
unless the Criminal Division indicates that it has no objection to the
proposed grant of immunity.
[Order No. 1310-88, 54 FR 297, Jan. 5, 1989, as amended by Order No.
2865-2007, 72 FR 10068, Mar. 7, 2007]
Sec. 0.176 Congressional proceedings.
(a) A notice of an intention to request an order from a district
court compelling testimony or the production of information in a
congressional
[[Page 99]]
proceeding when submitted to the Attorney General by either House of
Congress or a committee or a subcommittee of the Congress pursuant to 18
U.S.C. 6005 shall be referred to the Assistant Attorney General of the
Division or the Administrator of the Administration having cognizance of
the subject matter of the proceedings: Provided, however, That either
the notice or a copy thereof shall in any event be referred to the
Assistant Attorney General in charge of the Criminal Division.
(b) The Assistant Attorneys General and Deputy Assistant Attorneys
General designated in Sec. 0.175 (a) and (b) are authorized to exercise
the power and authority vested in the Attorney General by 18 U.S.C. 6005
to apply to a district court of the United States to defer the issuance
of an order compelling the testimony of a witness or the production of
information in a proceeding before either House of Congress, or any
committee or subcommittee of either House, or any joint committee of the
two Houses.
[Order No. 445-70, 35 FR 19397, Dec. 23, 1970, as amended by Order No.
520-73, 38 FR 18381, July 10, 1973; Order No. 960-81, 46 FR 52353, Oct.
27, 1981; Order No. 1310-88, 54 FR 298, Jan. 5, 1989]
Sec. 0.177 Applications for orders under the Comprehensive Drug Abuse
Prevention and Control Act.
Notwithstanding the delegation of functions contained in subpart R
of this part, the Assistant Attorney General in charge of the Criminal
Division is authorized to exercise the authority vested in the Attorney
General by section 514 of the Comprehensive Drug Abuse Prevention and
Control Act of 1970, 84 Stat. 1276, to approve the application of a U.S.
Attorney to a Federal court for an order compelling testimony or the
production of information in any proceeding before a court or grand jury
of the United States. Immunity shall be granted in agency proceedings
under that Act only with the concurrence of the Assistant Attorney
General in charge of the Criminal Division.
[Order No. 445-70, 35 FR 19397, Dec. 23, 1970]
Sec. 0.177a Antitrust civil investigative demands.
The Assistant Attorney General in charge of the Antitrust Division
is authorized to issue orders pursuant to section 6004 of title 18,
United States Code, to compel testimony in response to antitrust civil
investigative demands for oral testimony. Issuance of such orders shall
be subject to the concurrence of the Assistant Attorney General in
charge of the Criminal Division.
[Order No. 753-77, 42 FR 56730, Oct. 28, 1977]
Sec. 0.178 Redelegation of authority.
The Administrator of the Drug Enforcement Administration is
authorized to redelegate the authority delegated by this subpart to the
Deputy Administrator of DEA, to be exercised solely during the absence
of the Administrator from the City of Washington.
[Order No. 445-70, 35 FR 19397, Dec. 23, 1970, as amended by Order No.
520-73, 38 FR 18381, July 10, 1973; Order No. 960-81, 46 FR 52354, Oct.
27, 1981; Order No. 1310-88, 54 FR 298, Jan. 5, 1989]
Subpart Z 1_Prosecutions for Obstruction of Justice and Related Charges