Tice Subpart B—Office of the Attorney General

PART 0—ORGANIZATION OF THE Subpart E–3—Office of Public Affairs DEPARTMENT OF JUSTICE 0.28 General functions.

Subpart A—Organizational Structure of the Subpart E–4—Office of the Inspector Department of Justice General

Sec. 0.29 Organization. 0.1 Organizational units. 0.29a General functions. 0.29b Reporting allegations of waste, fraud, Subpart B—Office of the Attorney General or abuse. 0.29c Reporting allegations of employee 0.5 Attorney General. misconduct. 0.10 Attorney General’s Advisory Com- 0.29d Whistleblower protection for FBI em- mittee of U.S. Attorneys. ployees. 0.11 Incentive Awards Board. 0.29e Relationship to other departmental 0.12 Young American Medals Committee. units. 0.13 Legal proceedings. 0.29f Confidentiality. 0.29g Reprisals. Subpart C—Office of the Deputy Attorney 0.29h Specific authorities of the Inspector General General. 0.29i Audit, inspection, and review author- 0.15 Deputy Attorney General. ity. 0.17 Office of Investigative Agency Policies. 0.29j Law enforcement authority. 0.18a Office of Small and Disadvantaged Business Utilization. Subpart F—Community Relations Service 0.30 General functions. Subpart C–1—Office of the Associate 0.31 Designating officials to perform the Attorney General functions of the Director. 0.19 Associate Attorney General. 0.32 Applicability of existing departmental regulations. Subpart D—Office of the Solicitor General Subpart F–1–Office for Access to Justice 0.20 General functions. 0.33 Office for Access to Justice. 0.21 Authorizing intervention by the Gov- ernment in certain cases. Subpart F–2—INTERPOL-United States National Central Bureau Subpart D–1—Executive Office for U.S. Attorneys 0.34 General functions.

0.22 General functions. Subpart G—Office of the Pardon Attorney Subpart D–2—Office of Legal Policy 0.35 General functions; delegation of authority. 0.23 General functions. 0.36 Recommendations. 0.23a [Reserved] 0.23b Office of Asylum Policy and Review. Subpart G–1—Executive Office for United States Trustees Subpart D–3—Office of Information Policy 0.37 Organization. 0.24 General functions. 0.38 Functions.

Subpart E—Office of Legal Counsel Subpart G–2—Office of Professional Responsibility 0.25 General functions. 0.39 Office of Professional Responsibility. Subpart E–1—Office of International 0.39a Functions. Programs 0.39b Confidentiality of information. 0.39c Relationship to other departmental 0.26 Organization. units.

Subpart E–2—Office of Legislative and Subpart H—Antitrust Division Intergovernmental Affairs 0.40 General functions. 0.27 General functions. 0.41 Special functions.

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APPENDIX TO SUBPART H OF PART 0—DELEGA- 0.66 Delegation respecting title opinions. TION OF AUTHORITY RESPECTING DENIALS 0.67 Delegation respecting conveyances for OF FREEDOM OF INFORMATION AND PRI- public-airport purposes. VACY ACT REQUESTS 0.68 Delegation respecting mineral leasing. 0.69 Delegation of authority to make deter- Subpart I—Civil Division minations and grants. 0.69a Delegation respecting approval of con- 0.45 General functions. veyances. 0.46 Certain civil litigation and foreign 0.69b Delegation of authority respecting criminal proceedings. conveyances for public airports. 0.47 Alien property matters. 0.69c Litigation involving the Resource 0.48 International trade litigation. Conservation and Recovery Act. 0.49 International judicial assistance. Subpart M—Tax Division Subpart J—Civil Rights Division 0.70 General functions. 0.50 General functions. 0.71 Delegation respecting immunity mat- 0.51 Leadership and coordination of non- ters. discrimination laws. 0.52 Certifications under 18 U.S.C. 3503. Subpart N—National Security Division 0.53 Immigrant and Employee Rights Sec- tion. 0.72 National Security Division. APPENDIX TO SUBPART J OF PART 0 Subpart O—Justice Management Division Subpart K—Criminal Division 0.75 Policy functions. 0.55 General functions. 0.76 Specific functions. 0.56 Exclusive or concurrent jurisdiction. 0.77 Operational functions. 0.57 Criminal prosecutions against juve- 0.78 Implementation of financial disclosure niles. requirements. 0.58 Delegation respecting payment of bene- 0.79 Redelegation of authority. fits for disability or death of law enforcement officers not employed by the Subpart P—Federal Bureau of Investigation United States. 0.85 General functions. 0.59 Certain certifications under 18 U.S.C. 0.85a Criminal justice policy coordination. 3331 and 3503. 0.86 Seizure of gambling devices. 0.61–0.62 [Reserved] 0.87 Representation on committee for visit- 0.63 Delegation respecting admission and exchange. naturalization of certain aliens. 0.88 Certificates for expenses of unforeseen 0.64 [Reserved] emergencies. 0.64–1 Central or Competent Authority 0.89 Authority to seize arms and munitions under treaties and executive agreements of war. on mutual assistance in criminal mat- 0.89a Delegations respecting claims against ters. the FBI. 0.64–2 Delegation respecting transfer of offenders to or from foreign countries. Subpart P–1—Office of Justice Programs 0.64–3 Delegation respecting designation of certain Department of Agriculture em- and Related Agencies ployees (Tick Inspectors) to carry and 0.90 Office of Justice Programs. use firearms. 0.91 Office for Victims of Crime. 0.64–4 Delegation respecting temporary 0.92 National Institute of Justice. transfers, in custody, of certain prisoner- 0.93 Bureau of Justice Statistics. witnesses from a foreign country to the 0.94 Office of Juvenile Justice and Delin- United States to testify in Federal or quency Prevention. State criminal proceedings. 0.94–1 Bureau of Justice Assistance. 0.64–5 Policy with regard to bringing charges under the Economic Espionage Subpart Q—Bureau of Prisons Act of 1996, Pub. L. 104–294, effective Oc- tober 11, 1996. 0.95 General functions. APPENDIX TO SUBPART K OF PART 0 0.96 Delegations. 0.96a Interstate Agreement on Detainers. Subpart L—Environment and Natural 0.96b Exchange of prisoners. Resources Division 0.96c Cost of incarceration. 0.97 Redelegation of authority. 0.65 General functions. 0.98 Functions of Commissioner of Federal 0.65a Litigation involving Environmental Prison Industries. Protection Agency. 0.99 Compensation to Federal prisoners.

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APPENDIX TO SUBPART Q OF PART 0—CONFINE- Subpart U–3—Office of the Federal MENT OF PERSONS IN DISTRICT OF COLUM- Detention Trustee BIA CORRECTIONAL INSTITUTIONS 0.123 Federal Detention Trustee. Subpart R—Drug Enforcement Administration Subpart V—United States Parole Commission 0.100 General functions. 0.101 Specific functions. 0.124 United States Parole Commission. 0.125 Chairman of U.S. Parole Commission. 0.102 Drug enforcement policy coordination. 0.126 Administrative support. 0.103 Release of information. 0.127 Indigent prisoners. 0.103a Delegations respecting claims against the Drug Enforcement Adminis- Subpart V–1—Foreign Claims Settlement tration. Commission 0.104 Redelegation of authority. APPENDIX TO SUBPART R OF PART 0—REDELE- 0.128 Organization. GATION OF FUNCTIONS 0.128a General functions. 0.128b Regulations. Subpart S—Immigration and Naturalization Subpart V–2—Professional Responsibility Service Advisory Office 0.105 General functions. 0.129 Professional Responsibility Advisory 0.106 Certificates for expenses of unforeseen Office. emergencies. 0.107 Representation on committee for Subpart W—Bureau of Alcohol, Tobacco, visit-exchange. Firearms, and Explosives 0.108 Redelegation of authority. 0.109 Implementation of the Treaty of 0.130 General functions. Friendship and General Relations Be- 0.131 Specific functions. tween the United States and Spain. 0.132 Delegation respecting claims against 0.110 Implementation of the Convention Be- the Bureau of Alcohol, Tobacco, Fire- tween the United States and Greece. arms, and Explosives. 0.133 Transition and continuity of regula- Subpart T—United States Marshals Service tions.

0.111 General functions. Subpart W–1—Office of Tribal Justice 0.111a Temporary prisoner-witness transfers. 0.134 Office of Tribal Justice. 0.111B Witness Security Program. Subpart W–2—Additional Assignments of 0.112 Special deputation. Functions and Designation of Officials 0.113 Redelegation of authority. To Perform the Duties of Certain Of- 0.114 Fees for services. fices in Case of Vacancy, or Absence Subpart U—Executive Office for Therein or in Case of Inability or Dis- Immigration Review qualification to Act 0.135 Functions common to heads of organi- 0.115 General functions. zational units. 0.116 Board of Immigration Appeals. 0.136 [Reserved] 0.117 Office of the Chief Immigration Judge. 0.137 Designating officials to perform the 0.118 Office of the Chief Administrative functions and duties of certain offices in Hearing Officer. case of absence, disability or vacancy.

Subpart U–1—Office of Community Subpart X—Authorizations With Respect to Oriented Policing Services Personnel and Certain Administrative Matters 0.119 Organization. 0.120 General functions. 0.138 Federal Bureau of Investigation, Drug 0.121 Applicability of existing departmental Enforcement Administration, Bureau of regulations. Alcohol, Tobacco, Firearms, and Explo- sives, Bureau of Prisons, Federal Prison Subpart U–2—Office on Violence Against Industries, Immigration and Naturaliza- Women tion Service, United States Marshals Service, Office of Justice Programs, Ex- 0.122 Office on Violence Against Women. ecutive Office for Immigration Review,

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Executive Office for United States Attor- 0.171 Judgments, fines, penalties, and for- neys, Executive Office for United States feitures. Trustees. 0.172 Authority: Federal tort claims. 0.139 [Reserved] APPENDIX TO SUBPART Y OF PART 0—REDELE- 0.140 Authority relating to advertisements, GATIONS OF AUTHORITY TO COMPROMISE and purchase of certain supplies and services. AND CLOSE CIVIL CLAIMS 0.141 Audit and ledger accounts. 0.142 Per diem and travel allowances. Subpart Z—Assigning Responsibility Con- 0.143 Incentive Award Program. cerning Applications for Orders Com- 0.144 Determination of basic workweek. pelling Testimony or Production of Evi- 0.145 Overtime pay. dence by Witnesses 0.146 Seals. 0.147 Certification of obligations. 0.175 Judicial and administrative pro- 0.148 Certifying officers. ceedings. 0.149 Cash payments. 0.176 Congressional proceedings. 0.150 Collection of erroneous payments. 0.177 Applications for orders under the Com- 0.151 Administering oath of office. prehensive Drug Abuse Prevention and 0.152 Approval of funds for attendance at Control Act. meetings. 0.177a Antitrust civil investigative de- 0.153 Selection and assignment of employ- mands. ees for training. 0.178 Redelegation of authority. 0.154 Advance and evacuation payments and special allowances. Subpart Z–1—Prosecutions for Obstruction 0.155 Waiver of claims for erroneous payments of pay and allowances. of Justice and Related Charges 0.156 Execution of U.S. Marshals’ deeds or 0.179 Scope. transfers of title. 0.179a Enforcement responsibilities. 0.157 Federal Bureau of Investigation—Drug Enforcement Administration Senior Ex- ecutive Service. Subpart AA—Orders of the Attorney 0.158 [Reserved] General 0.159 Redelegation of authority. 0.180 Documents designated as orders. Subpart Y—Authority to Compromise and 0.181 Requirements for orders. Close Civil Claims and Responsibility 0.182 Submission of proposed orders to the for Judgments, Fines, Penalties, and Office of Legal Counsel. Forfeitures 0.183 Distribution of orders. 0.160 Offers that may be accepted by Assist- Subpart BB—Sections and Subunits ant Attorneys General. 0.161 Acceptance of certain offers by the 0.190 Changes within organizational units. Deputy Attorney General or Associate 0.191 Changes which affect the overall Attorney General, as appropriate. structure of the Department. 0.162 Offers which may be rejected by As- sistant Attorneys General. Subpart CC—Jurisdictional Disagreements 0.163 Approval by Solicitor General of action on compromise offers in certain 0.195 Procedure with respect to jurisdic- cases. tional disagreements. 0.164 Civil claims that may be closed by As- 0.196 Procedures for resolving disagree- sistant Attorneys General. ments concerning mail or case assign- 0.165 Recommendations to the Deputy At- ments. torney General or Associate Attorney 0.197 Agreements, in connection with crimi- General, as appropriate, that certain nal proceedings or investigations, prom- claims be closed. ising non-deportation or other immigra- 0.166 Memorandum pertaining to closed tion benefits. claim. 0.167 Submission to Associate Attorney AUTHORITY: 5 U.S.C. 301; 28 U.S.C. 509, 510, General by Director of Office of Alien 515–519. Property of certain proposed allowances SOURCE: Order No. 423–69, 34 FR 20388, Dec. and disallowances. 0.168 Redelegation by Assistant Attorneys 31, 1969, unless otherwise noted. General. EDITORIAL NOTE: Nomenclature changes to 0.169 Definition of ‘‘gross amount of the part 0 appear at 73 FR 73 FR 54947, Sept. 24, original claim’’. 2008. 0.170 Interest on monetary limits.

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Subpart A—Organizational Struc- EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 0.1, see the List of CFR ture of the Department of Jus- Sections Affected, which appears in the tice Finding Aids section of the printed volume and at www.govinfo.gov. § 0.1 Organizational units. The Department of Justice shall con- Subpart B—Office of the Attorney sist of the following principal organiza- General tional units: § 0.5 Attorney General. Offices The Attorney General shall: Office of the Attorney General. Office of the Deputy Attorney General. (a) Supervise and direct the adminis- Office of the Associate Attorney General. tration and operation of the Depart- Office of the Solicitor General. ment of Justice, including the offices Office of Legal Counsel. of U.S. Attorneys and U.S. Marshals, Office of Legislative Affairs. which are within the Department of Office of Professional Responsibility. Justice. Office of Legal Policy. Office of Public Affairs. (b) Represent the United States in Office of the Pardon Attorney. legal matters generally. Office of Special Counsel for Immigration (c) Furnish advice and opinions, for- Related Unfair Employment Practices. mal and informal, on legal matters to Community Relations Service. the President and the Cabinet and to Executive Office for Immigration Review. the heads of the executive departments Executive Office for United States Attor- and agencies of the Government, as neys. Executive Office for United States Trustees. provided by law. INTERPOL—United States National Central (d) Appear in person to represent the Bureau. Government in the Supreme Court of Office of International Programs. the United States, or in any other Office of Community Oriented Policing Serv- court, in which he may deem it appro- ices. priate. Office on Violence Against Women. (e) Designate, pursuant to Executive Office of the Federal Detention Trustee. Professional Responsibility Advisory Office. Orders 9788 of October 4, 1946, and 10254 Office of Tribal Justice. of June 15, 1951, officers and agencies of Office for Access to Justice. the Department of Justice to act as disbursing officers for the Office of Divisions Alien Property. Antitrust Division. (f) Perform or supervise the perform- Civil Division. ance of other duties required by stat- Civil Rights Division. ute or Executive order. Criminal Division. Environment and Natural Resources Divi- § 0.10 Attorney General’s Advisory sion. Committee of U.S. Attorneys. National Security Division. Tax Division. (a) The Attorney General’s Advisory Justice Management Division. Committee of United States Attorneys shall consist of an appropriate number Bureaus of United States Attorneys, designated Federal Bureau of Investigation. by the Attorney General. The member- Bureau of Prisons. ship shall be selected to represent the Drug Enforcement Administration. various geographic areas of the Nation Office of Justice Programs (and related agen- and various sized United States Attor- cies) United States Marshals Service. neys’ Offices. Members shall serve at Bureau of Alcohol, Tobacco, Firearms, and the pleasure of the Attorney General, Explosives but such service normally shall not exceed three years and shall be subject to Boards adjustment by the Attorney General so Board of Immigration Appeals. as to assure the annual rotation of ap- U.S. Parole Commission. proximately one-third of the Commit- Foreign Claims Settlement Commission. tee’s membership. The United States [Order No. 900–80, 45 FR 43702, June 30, 1980] Attorney for the District of Columbia

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shall serve as an ex officio member of § 0.11 Incentive Awards Board. the Committee. The Attorney General The Incentive Awards Board shall may designate additional personnel consist of the Deputy Attorney General from United States Attorneys’ Offices or a designee of the Deputy Attorney to serve as members of the Committee. General, who shall be the chairperson, (b) The Committee shall make rec- and four members designated by the ommendations to the Attorney Gen- Attorney General from among the As- eral, to the Deputy Attorney General sistant Attorneys General, bureau and to the Associate Attorney General heads or persons of equivalent rank in concerning any matters which the the Department. The duties of the Committee believes to be in the best Board shall be: interests of justice, including, but not (a) Consider and make recommenda- limited to, the following: tions to the Attorney General con- (1) Establishing and modifying poli- cerning honorary awards and cash cies and procedures of the Department; awards in excess of $7,500 to be granted (2) Improving management, particu- for suggestions, inventions, superior larly with respect to the relationships accomplishment, or other personal ef- between the Department and the U.S. fort which contributes to the effi- Attorneys; ciency, economy, or other improve- (3) Cooperating with State Attorneys ment of Government operations or General and other State and local offi- achieves a significant reduction in pa- cials for the purpose of improving the perwork. quality of justice in the United States; (b) Consider and make recommenda- (4) Promoting greater consistency in tions to the Attorney General for the application of legal standards transmittal to the Office of Personnel throughout the Nation and at the var- Management and the President for ious levels of government; and Presidential awards under 5 U.S.C. 4504 (5) Aiding the Attorney General, the and 5403. Deputy Attorney General and the Asso- (c) Evaluate periodically the effec- ciate Attorney General in formulating tiveness of the employee recognition new programs for improvement of the program and recommend needed im- criminal justice system at all levels, provements to the Attorney General. including proposals relating to legislation and court rules. [Order No. 960–81, 46 FR 52340, Oct. 27, 1981, as amended by Order No. 2949–2008, 73 FR 8815, (c) The Attorney General will select Feb. 15, 2008] from the Committee’s membership a chairperson and a vice-chairperson. § 0.12 Young American Medals Com- The Attorney General may establish mittee. such subcommittees as deemed nec- There shall be in the Office of the At- essary to carry out the Committee’s torney General a Young American objectives. The Committee, in con- Medals Committee, which shall be sultation with the Director of the Ex- composed of four members, one of ecutive Office for United States Attor- whom shall be the Director of Public neys, will select chairpersons for such Affairs who shall be the Executive Sec- subcommittees. United States Attor- retary of the Committee. The Chair- neys who are not members of the Com- man of the Committee shall be des- mittee may be included in the member- ignated by the Attorney General. The ship of subcommittees. Committee shall issue regulations re- (d) The Executive Office for U.S. At- lating to the establishment of the torneys shall provide the Committee Young American Medal for Bravery with such staff assistance and funds as and Young American Medal for Service are reasonably necessary to carry out provided for by the act of August 3, the Committee’s responsibilities. 1950, 64 Stat. 397, and governing the re- [Order No. 640–76, 41 FR 7748, Feb. 20, 1976, as quirements and procedures for the amended by Order No. 960–81, 46 FR 52340, award of such medals. The regulations Oct. 27, 1981; Order No. 3108–2009, 74 FR 47097, of the Committee in effect on the effec- Sept. 15, 2009] tive date of this part shall continue in

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effect until amended, modified, or re- (1) Except as assigned to the Asso- voked by the Committee. ciate Attorney General by § 0.19(a)(1), exercise the power and authority vest- [Order No. 423–69, 34 FR 20388, Dec. 31, 1969, as ed in the Attorney General to take amended by Order No. 445–70, 35 FR 19397, Dec. 23, 1970. Redesignated by Order No. 543– final action in matters pertaining to: 73, 38 FR 29583, Oct. 26, 1973, as amended by (i) The appointment, employment, Order No. 960–81, 46 FR 52340, Oct. 27, 1981] pay, separation, and general administration of personnel, including attor- § 0.13 Legal proceedings. neys, in the Senior Executive Service (a) Each Assistant Attorney General or the equivalent; Senior-Level and and Deputy Assistant Attorney Gen- Scientific and Professional positions; eral is authorized to exercise the au- and of attorneys and law students re- thority of the Attorney General under gardless of grade or pay in the Depart- 28 U.S.C. 515(a), in cases assigned to, ment. conducted, handled, or supervised by (ii) The appointment of special attor- such official, to designate Department neys and special assistants to the At- attorneys to conduct any legal pro- torney General (28 U.S.C. 515(b)); ceeding, civil or criminal, including (iii) The appointment of Assistant grand jury proceedings and proceedings U.S. Trustees and fixing of their com- before committing magistrates, which pensation; and United States attorneys are authorized (iv) The approval of the appointment by law to conduct, whether or not the by U.S. Trustees of standing trustees designated attorney is a resident of the and the fixing of their maximum an- district in which the proceedings is nual compensation and percentage fees brought. as provided in 28 U.S.C. 587(e). (b) Each Assistant Attorney General (v) The appointment, employment, is authorized to redelegate to Section separation, and general administration Chiefs the authority delegated by para- of Assistant United States Attorneys graph (a) of this section, except that and other attorneys to assist United such redelegation shall not apply to States Attorneys when the public in- the designation of attorneys to conduct terest so requires and the fixing of grand jury proceedings. their salaries. (2) Administer the Department’s re- [Order No. 725–77, 42 FR 26205, May 23, 1977] cruitment programs for law graduates and law students. Subpart C—Office of the Deputy (3) Coordinate Departmental liaison Attorney General with White House Staff and the Execu- tive Office of the President. § 0.15 Deputy Attorney General. (4) Coordinate and control the De- (a) The Deputy Attorney General is partment’s reaction to civil disturb- authorized to exercise all the power ances and terrorism. and authority of the Attorney General, (5) Perform such other duties and unless any such power or authority is functions as may be assigned from time required by law to be exercised by the to time by the Attorney General. Attorney General personally. (c) The Deputy Attorney General (b) The Deputy Attorney General may redelegate the authority provided shall advise and assist the Attorney in paragraphs (b)(1)(i), (ii), (iii), (v), and General in formulating and imple- paragraph (b)(2) of this section to take menting Department policies and pro- final action in matters pertaining to grams and in providing overall super- the: vision and direction to all organiza- (1) Appointment, employment, pay, tional units of the Department. Sub- separation, and general administration ject to the general supervision of the of personnel, including attorneys, in Attorney General, the Deputy Attor- the Senior Executive Service or the ney General shall direct the activities equivalent, and Senior-Level and Sci- of organizational units as assigned. In entific and Professional positions; addition, the Deputy Attorney General (2) Appointment, employment, pay, shall: separation, and general administration

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of attorneys and law students regard- (g) The Deputy Attorney General is less of grade or pay; authorized to exercise the authority (3) Appointment of special attorneys vested in the Attorney General under and special assistants to the Attorney section 528(a), Public Law 101–509, to General pursuant to 28 U.S.C. 515(b); accept from federal departments and (4) Appointment of Assistant United agencies the services of attorneys and States Trustees and the fixing of their non-law enforcement personnel to as- compensation; sist the Department of Justice in the (5) Appointment, employment, sepa- investigation and prosecution of fraud ration, and general administration of or other criminal or unlawful activity Assistant United States Attorneys and in or against any federally insured fi- other attorneys to assist United States nancial institution or the Resolution Attorneys when the public interest so Trust Corporation, and to supervise requires and the fixing of their sala- such personnel in the conduct of such investigations and prosecutions. ries; and (h) [Reserved] (6) Administration of the Depart- ment’s recruitment programs for law [Order No. 960–81, 46 FR 52340, Oct. 27, 1981] graduates and law students. EDITORIAL NOTE: For FEDERAL REGISTER ci- (d) The Deputy Attorney General tations affecting § 0.15, see the List of CFR may redelegate the authority provided Sections Affected, which appears in the in paragraph (b)(1)(iv) of this section to Finding Aids section of the printed volume take final action in matters pertaining and at www.govinfo.gov. to the approval of the appointment by § 0.17 Office of Investigative Agency U.S. Trustees of standing trustees and Policies. the fixing of their maximum annual compensation and percentage fees as (a) Organization. The Office of Inves- provided in 28 U.S.C. 587(e) to the Di- tigative Agency Policies is headed by a rector of the Executive Office for U.S. Director appointed by the Attorney Trustees. General. The Director shall be responsible to, and report directly to, the (e) The officials to whom the Deputy Deputy Attorney General, and shall Attorney General delegates authority serve at the pleasure of the Attorney under paragraph (c) of this section and General. The Director shall be chosen any of the officials who may be other- from among the heads of the criminal wise authorized by the Deputy Attor- investigative agencies of the Depart- ney General to perform any other at- ment, i.e., the Federal Bureau of Inves- torney personnel duties may redelegate tigation, Drug Enforcement Adminis- those authorities and duties. tration, United States Marshals Serv- (f) The Deputy Attorney General is ice and Immigration and Naturaliza- authorized, and may delegate author- tion Service. The Director shall serve ity to the Director of the Asylum Pol- concurrently as the Director of Inves- icy and Review Unit within the Office tigative Agency Policies and as head of of Legal Policy, to: the agency for which he or she was (1) Compile and disseminate to Immi- nominated and confirmed. The Director gration and Naturalization Service shall be supported by a staff consisting (INS) officers information concerning of personnel detailed from the criminal the persecution of persons in countries investigative agencies of the Depart- on account of race, religion, nation- ment, and from the Criminal Division. ality, membership in a particular so- The staff shall be nominated by these cial group, or political opinion. various agencies, subject to the ap- (2) Review cases decided by the Board proval of the Director. of Immigration Appeals pursuant to 8 (b) Functions. Subject to the general CFR 3.1(h)(1)(i); supervision and direction of the Attor- (3) Review INS asylum decisions in ney General and Deputy Attorney Gen- cases which the Deputy Attorney Gen- eral, the Director shall in the areas of eral directs INS to refer to him. overlapping jurisdiction of the crimi- (4) Assist INS in conducting training nal investigative agencies: concerning asylum and assist in resolv- (1) Take all steps necessary to im- ing questions of policy that may arise. prove coordination among the criminal

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investigative agencies of the Depart- United States Marshals Service, the ment, both within the United States Immigration and Naturalization Serv- and abroad; ice and all other components of the De- (2) Assure, to the extent appropriate, partment that may be requested by the consistent operational guidelines for Director of Investigative Agency Poli- the criminal investigative agencies of cies shall provide such information as the Department; the Director may request. (3) Establish procedures, structures (d) Review. Prior to making any deci- and mechanisms for coordinating the sion having a significant impact on any collection and dissemination of intel- criminal investigative agency of the ligence relating to the Department’s Department, the Director shall consult law enforcement responsibilities; with the head of such agency, or the (4) Establish procedures and policies designee of the head of such agency. relating to procurement for the crimi- Any head of a criminal investigative nal investigative agencies of the De- agency shall have an opportunity to partment, including but not limited to seek review of any decision of the Di- procurement of communications and rector by the Deputy Attorney General computer systems; or the Attorney General. (5) Determine and establish proce- (e) Scope. Nothing in this section dures for the coordination of all auto- shall be interpreted to alter or dimin- mation systems; (6) Determine and establish plans to ish the responsibilities of the Depart- ensure the effective deployment of ment’s criminal investigative agencies, criminal investigative agency task or of other components of the Depart- forces; ment, including the Criminal Division (7) Establish procedures for coordi- and the United States Attorneys, in nating the apprehension of fugitives; the investigation and prosecution of (8) Establish programs to coordinate violations of federal criminal law. training among the criminal investiga- (f) Reservation. This policy is set tive agencies of the Department; forth solely for the purpose of internal (9) Provide advice to the Attorney Department of Justice guidance. It is General and the Deputy Attorney Gen- not intended to, does not, and may not eral on all investigative policies, proce- be relied upon to create any rights, dures and activities that warrant uni- substantive or procedural, that are en- form treatment or coordination among forceable at law by any party in any the criminal investigative agencies of matter, civil or criminal, nor does it the Department; place any limitations on otherwise law- (10) Provide advice to the Attorney ful investigative or litigative preroga- General and the Deputy Attorney Gen- tives of the Department of Justice. eral on the budgetary and resource re- [Order No. 1814–93, 58 FR 62260, Nov. 26, 1993] quests of the criminal investigative agencies of the Department; § 0.18a Office of Small and Disadvan- (11) Perform such other functions as taged Business Utilization. may be necessary for the effective policy-level coordination of criminal in- The Office of Small and Disadvan- vestigations by the criminal investiga- taged Business Utilization is headed by tive agencies of the Department, par- a Director appointed by the Attorney ticularly with respect to drug traf- General, who shall be responsible to, ficking, fugitive apprehension, vio- and report directly to, the Deputy At- lence, and related areas, and for the torney General. Subject to the general elimination of waste and duplication in supervision and direction of the Deputy these functions. Attorney General, the Director shall: (12) Perform such special duties as (a) Be responsible for the implemen- may be assigned by the Attorney Gen- tation and execution of the functions eral or the Deputy Attorney General and duties required by sections 637 and from time to time. 644 of title 15 U.S. Code; (c) Cooperation. Officials of the Fed- (b) Establish Department goals for eral Bureau of Investigation, the Drug the participation by small businesses, Enforcement Administration, the including small businesses owned and

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controlled by socially and economi- signed. In addition the Associate At- cally disadvantaged individuals, in De- torney General shall: partment procurement contracts; (1) Exercise the power and the au- (c) Have supervisory authority over thority vested in the Attorney General Department personnel to the extent to take final action in matters per- that the functions and duties of such taining to the appointment, employ- personnel relate to the functions and ment, pay, separation, and general ad- duties described in paragraph (a) of ministration of attorneys and law stu- this section; dents in pay grades GS–15 and below in (d) Provide resource information and organizational units subject to his di- technical training and assistance re- rection. garding utilization of small businesses, (2) Perform such other duties as may including small businesses owned and be especially assigned from time to controlled by socially and economi- time by the Attorney General. cally disadvantaged individuals, to De- (3) Exercise the power and authority partment personnel who perform pro- vested in the Attorney General to au- curement functions; thorize the Director of the U.S. Mar- (e) Assign a small business technical shals Service to deputize persons to adviser to any Department offices to perform the functions of a Deputy U.S. which the Small Business Administra- tion assigns a procurement center rep- Marshal. resentative, in accordance with section (b) The Associate Attorney General 644(k)(6) of title 15 U.S. Code; may redelegate the authority provided (f) Develop and implement appro- in paragraph (a)(1) of this section to priate outreach programs to include the Director, Office of Attorney Re- small minority businesses in procure- cruitment and Management. ment contracts; (c) The Associate Attorney General is (g) Cooperate and consult regularly the Attorney General’s designee for with the Small Business Administra- purposes of determining whether, tion with respect to the functions and under part 39 of this title, a handi- duties described in paragraph (a) of capped person can achieve the purpose this section; of a program without fundamental (h) Review, evaluate and report to changes in its nature, and whether an the Deputy Attorney General on the action would result in a fundamental performance of organizational units of alteration in the nature of a program the Department in accomplishing the or activity or in undue financial and goals for utilization of small and dis- administrative burdens. The Associate advantaged businesses; and Attorney General may not redelegate (i) Prepare the Department’s annual this authority. report to the Small Business Adminis- (d) [Reserved] tration on the extent of participation by small and disadvantaged businesses [Order No. 960–81, 46 FR 52341, Oct. 27, 1981, as in Department procurement contracts. amended by Order No. 1047–84, 49 FR 6485, Feb. 22, 1984; Order No. 1106–85, 50 FR 36055, [Order No. 906–80, 45 FR 52145, Aug. 6, 1980] Sept. 5, 1985; Order No. 1251–88, 53 FR 5370, Feb. 24, 1988; Order No. 2800–2006, 71 FR 6207, Subpart C–1—Office of the Feb. 7, 2006; Order No. 2897–2007, 72 FR 41624, Associate Attorney General July 31, 2007]

§ 0.19 Associate Attorney General. Subpart D—Office of the Solicitor (a) The Associate Attorney General General shall advise and assist the Attorney § 0.20 General functions. General and the Deputy Attorney Gen- eral in formulating and implementing The following-described matters are Departmental policies and programs. assigned to, and shall be conducted, The Associate Attorney General shall handled, or supervised by, the Solicitor also provide overall supervision and di- General, in consultation with each rection to organizational units as as- agency or official concerned:

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(a) Conducting, or assigning and su- Attorneys’ offices and those other or- pervising, all Supreme Court cases, in- ganizational units of the Department cluding appeals, petitions for and in op- concerned with litigation. position to certiorari, briefs and argu- (c) Supervise the operation of the Of- ments, and, in accordance with § 0.163, fice of Legal Education, which shall settlement thereof. provide training to all Department of (b) Determining whether, and to Justice attorney and non-attorney what extent, appeals will be taken by legal personnel and publish the Depart- the Government to all appellate courts ment of Justice Journal of Federal Law (including petitions for rehearing en and Practice. banc and petitions to such courts for (d) Provide the Attorney General’s the issuance of extraordinary writs) Advisory Committee of United States and, in accordance with § 0.163, advising Attorneys with such staff assistance on the approval of settlements of cases in which he had determined that an ap- and funds as are reasonably necessary peal would be taken. to carry out the Committee’s respon- (c) Determining whether a brief ami- sibilities (28 CFR 0.10(d)). cus curiae will be filed by the Govern- (e) Establish policy and procedures ment, or whether the Government will for the satisfaction, collection, or re- intervene, in any appellate court. covery of criminal fines, special assess- (d) Assisting the Attorney General, ments, penalties, interest, bail bond the Deputy Attorney General and the forfeitures, restitution, and court costs Associate Attorney General in the de- in criminal cases consistent with § 0.171 velopment of broad Department pro- of this chapter. gram policy. [Order No. 960–81, 46 FR 52341, Oct. 27, 1981, as [Order No. 423–69, 34 FR 20388, Dec. 31, 1969, as amended by Order No. 1413–90, 55 FR 19064, amended by Order No. 445–70, 35 FR 19397, May 8, 1990; Order No. 4443–2019, 84 FR 11751, Dec. 23, 1970; Order No. 960–81, 46 FR 52341, Apr. 26, 2019] Oct. 27, 1981]

§ 0.21 Authorizing intervention by the Subpart D–2—Office of Legal Government in certain cases. Policy The Solicitor General may in con- § 0.23 General functions. sultation with each agency or official concerned, authorize intervention by The Office of Legal Policy shall be the Government in cases involving the headed by an Assistant Attorney Gen- constitutionality of acts of Congress. eral. The principal responsibilities of the Office shall be to plan, develop, and Subpart D–1—Executive Office for coordinate the implementation of U.S. Attorneys major policy initiatives of high priority to the Department and to the Ad- § 0.22 General functions. ministration. In addition, the Assist- The Executive Office for United ant Attorney General, Office of Legal States Attorneys shall be under the di- Policy, shall: rection of a Director who shall: (a) Examine and study legislation (a) Provide general executive assist- and other policy proposals and coordi- ance and supervision to the offices of nate Departmental efforts to secure en- the U.S. Attorneys, including: actment of those of special interest to (1) Evaluating the performance of the the Department and the Administra- offices of the U.S. Attorneys, making tion. appropriate reports and inspections (b) Assist the Attorney General and and taking corrective action where in- the Deputy Attorney General in ful- dicated. filling responsibilities of the Federal (2) Coordinating and directing the re- Legal Council to promote coordination lationship of the offices of the U.S. At- and communication among Federal torneys with other organizational legal offices with the goal of achieving units of the Department of Justice. effective, consistent, and efficient (b) Publish and maintain the Justice management of legal resources Manual and other guidance for the U.S. throughout the Federal Government.

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(c) Manage and coordinate the dis- § 0.23a [Reserved] charge of Departmental responsibilities related to the Freedom of Infor- § 0.23b Office of Asylum Policy and Re- mation Act (5 U.S.C. 552) and the Pri- view. vacy Act (5 U.S.C. 552a), including co- There is established, in the Office of ordination and implementation of pol- Legal Policy, the Asylum Policy and icy development and compliance with- Review Unit, headed by a Director, in executive agencies and Depart- under the general supervision and di- mental units relative to the Freedom rection of the Assistant Attorney Gen- on Information Act and within Depart- eral, Office of Legal Policy, and exer- mental units relative to the Privacy cising such duties as the Deputy Attor- Act; and supervise the Office of Infor- ney General delegates pursuant to 28 mation and Privacy which will, except CFR 0.15(f) or otherwise assigns to it. as otherwise directed by the Attorney [Order No. 1176–87, 52 FR 11044, Apr. 7, 1987] General, act on appeals taken from De- partmental denials of access to records under the Privacy Act and the Free- Subpart D–3—Office of dom of Information Act. Information Policy (d) Advise and assist the Attorney General and the Deputy Attorney Gen- § 0.24 General functions. eral regarding the selection and ap- The Office of Information Policy pointment of Federal judges. shall be headed by a Director appointed (e) Administer the Federal Justice by the Attorney General. The Director Research Program. shall report to the Associate Attorney (f) Represent the Department on the General. The following functions are Administrative Conference of the assigned to, and shall be conducted, United States and, as appropriate, on handled, or supervised by the Director regulatory reform matters. of the Office of Information Policy: (g) Participate, as appropriate, in in- (a) Exercising the power and per- ternal budget hearings of the Depart- forming the functions vested in the At- ment with regard to policy implica- torney General under 5 U.S.C. 552(e). tions of resource allocations and re- (b) Developing, coordinating, and im- source implications of major policy ini- plementing policy with regard to the tiatives; and advise the Assistant At- Freedom of Information Act (‘‘FOIA’’), torney General for Administration including publishing guidance and with regard to information require- other material related to FOIA mat- ments for Departmental policy formu- ters; lation. (c) Providing legal assistance and advice to government agencies and orga- (h) Advise appropriate Departmental nizational components of the Depart- officials, from time to time, on inves- ment on questions regarding the inter- tigation, litigation, negotiation, penal, pretation and application of the FOIA; or correctional policies to insure the (d) Undertaking, arranging, or sup- compatibility of those policies with porting training and informational pro- overall Departmental goals. grams concerning the FOIA for govern- (i) Perform such other duties and ment agencies and the Department; functions as may be specially assigned (e) Responding to initial requests by the Attorney General and the Dep- made under the FOIA and the Privacy uty Attorney General. Act for the Office of Information Pol- In carrying out his responsibilities icy, as well as for the following Leader- under this section, the Assistant Attor- ship Offices: ney General, Office of Legal Policy, (i) Office of the Attorney General; shall have the right to call upon the (ii) Office of the Deputy Attorney relevant Departmental units for per- General; sonnel and other assistance. (iii) Office of the Associate Attorney [Order No. 960–81, 46 FR 52341, Oct. 27, 1981, as General; amended by Order No. 1054–84, 49 FR 10118, (iv) Office of Legal Policy; Mar. 19, 1984; Order No. 1055–84, 49 FR 12253, (v) Office of Legislative Affairs; Mar. 29, 1984] (vi) Office of Public Affairs;

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(vii) Office of Intergovernmental and which require the approval of the Public Liaison; and President or the Attorney General. (viii) Any other Department compo- (c) Rendering opinions to the Attor- nent that the Attorney General assigns ney General and to the heads of the to the Office of Information Policy for various organizational units of the De- responding to requests made to such partment on questions of law arising in component under the FOIA and the the administration of the Department. Privacy Act. (d) Approving proposed orders of the (f) Acting on behalf of the Attorney Attorney General, and orders which re- General on FOIA and Privacy Act acquire the approval of the Attorney cess administrative appeals for all General, as to form and legality and as components of the Department, except to consistency and conformity with ex- that a denial of a request by the Attor- isting orders and memoranda. ney General is the final action of the (e) Coordinating the work of the De- Department on that request; partment of Justice with respect to the (g) Representing government agen- participation of the United States in cies in civil litigation claims arising the United Nations and related inter- under the FOIA through and under the national organizations and advising direction of the United States Attor- with respect to the legal aspects of ney’s Office for the District of Colum- treaties and other international agree- bia and any such other districts as may ments. be designated; (f) When requested, advising the At- (h) Providing staff support to the De- torney General in connection with his partment Review Committee, estab- review of decisions of the Board of Im- lished by § 17.14 of this chapter; and migration Appeals and other organiza- (i) Encouraging all Federal agencies tional units of the Department. that intend to deny FOIA requests rais- (g) Designating within the Office of ing novel issues to consult with the Of- Legal Counsel: fice of Information Policy to the ex- (1) A liaison officer, and an alternate, tent practicable. as a representative of the Department [Order No. 3085–2009, 74 FR 29129, June 19, in all matters concerning the filing of 2009] departmental documents with the Of- fice of the Federal Register, and Subpart E—Office of Legal (2) A certifying officer, and an alter- Counsel nate, to certify copies of documents required to be filed with the Office of the § 0.25 General functions. Federal Register (1 CFR 16.1). The following-described matters are (h) Approving certain blind trusts, as assigned to, and shall be conducted, required by section 202(f)(4)(B) of the handled, or supervised by, the Assist- Ethics in Government Act of 1978, 92 ant Attorney General, Office of Legal Stat. 1843. Counsel: (i) Consulting with the Director of (a) Preparing the formal opinions of the Office of Government Ethics re- the Attorney General; rendering infor- garding the development of policies, mal opinions and legal advice to the rules, regulations, procedures and various agencies of the Government; forms relating to ethics and conflicts and assisting the Attorney General in of interest, as required by section 402 of the performance of his functions as the Ethics in Government Act of 1978, legal adviser to the President and as a 92 Stat. 1862. member of, and legal adviser to, the (j) Taking actions to ensure imple- Cabinet. mentation of Executive Order 12612 (en- (b) Preparing and making necessary titled ‘‘Federalism’’), including deter- revisions of proposed Executive orders mining which Department policies and proclamations, and advising as to have sufficient federalism implications their form and legality prior to their to warrant preparation of a Federalism transmission to the President; and per- Assessment, reviewing Assessments for forming like functions with respect to adequacy, and executing certifications regulations and other similar matters for the Assessments.

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(k) Performing such special duties as (5) As required, advise the Deputy At- may be assigned by the Attorney Gen- torney General on matters relating to eral, the Deputy Attorney General, or non-operational foreign travel by De- the Associate Attorney General from partment of Justice personnel. time to time. (6) Serve as a primary liaison with [Order No. 423–69, 34 FR 20388, Dec. 31, 1969, as the Department of State, with other amended by Order No. 445–70, 35 FR 19397, appropriate federal, state and local Dec. 23, 1970; Order No. 623–75, 40 FR 42746, agencies, and with appropriate non- Sept. 16, 1975; Order No. 960–81, 46 FR 52342, governmental institutions, regarding Oct. 27, 1981; Order No. 1054–84, 49 FR 10118, training and technical assistance to Mar. 19, 1984; Order No. 1260–88, 53 FR 9435, foreign countries in the fields of law Mar. 23, 1988] enforcement, administration of justice, legislation, and economic reform and Subpart E–1—Office of democratic institution-building initia- International Programs tives. (7) Review and coordinate all planned § 0.26 Organization. and ongoing training and technical as- There shall be within the Office of sistance activities in the fields of law the Deputy Attorney General an Office enforcement, administration of justice, of International Programs. legislation, and economic reform and (a) Director. The Office of Inter- democratic institution-building initia- national Programs shall be headed by a tives by Department of Justice per- Director appointed by the Attorney sonnel in foreign countries. General. (8) As needed, facilitate logistical ar- (b) Functions. The Director of the Of- rangements for Department of Justice fice of International Programs shall personnel to engage in approved train- discharge the following duties: ing and technical assistance activities (1) Coordinate all proposals for the in the fields of law enforcement, ad- Department of Justice, or Department ministration of justice, legislation, and of Justice personnel, to provide foreign economic reform and democratic insti- countries with training or technical as- tution-building initiatives in foreign sistance in the fields of law enforce- countries. ment, administration of justice, legis- (9) Coordinate Department of Justice lation, and economic reform and demo- views on proposals for entities outside cratic institution-building initiatives. the Department, including inter- (2) Assist the Deputy Attorney Gen- national organizations, to conduct eral in coordinating the activities of training and technical assistance ac- the International Criminal Investiga- tivities in the fields of law enforce- tive Training Assistance Program and ment, administration of justice, legis- in coordinating responses to requests lation, and economic reform and demo- for international training and tech- cratic institution-building initiatives nical assistance submitted to the in or for foreign countries. INTERPOL-U.S. National Central Bu- (10) Serve as a focal point, on behalf reau and other Department of Justice of the Deputy Attorney General, for units. resolution, within the Department of (3) Serve as the focal point, on behalf Justice, of issues regarding inter- of the Deputy Attorney General, for national policy. administrative matters involving (11) Coordinate, on behalf of the Dep- international activities, including uty Attorney General, legislation rel- overseas staffing, of all Department of evant to Department of Justice train- Justice units. ing and technical assistance activities (4) Coordinate arrangements and in or for foreign countries. preparations for contacts by the Attor- (12) Perform such other duties and ney General and Deputy Attorney Gen- functions as may be specially assigned eral with officials of foreign govern- by the Deputy Attorney General. ments, foreign non-governmental orga- (c) Relationship with other Depart- nizations, and international organiza- mental units. The Office of Inter- tions. national Programs shall:

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(1) Maintain continual liaison with Subpart E–3—Office of Public interested components of the Depart- Affairs ment on international matters. (2) Develop and administer effective § 0.28 General functions. mechanisms to ensure thorough consid- The Office of Public Affairs is headed eration, by interested components of by a Director of Public Affairs who the Department, of all proposals for shall: international training and technical (a) Handle matters pertaining to re- assistance by Department personnel. lations with the public generally. (d) Redelegation of authority. The Di- (b) Disseminate information to the rector is authorized to redelegate to press, the radio and television services, any subordinate member of the Office the public, members of Congress, offi- of International Programs any of the cials of Government, schools, colleges, authority, functions or duties vested in and civic organizations. the Director by this subpart. (c) Coordinate the relations of the Department of Justice with the news [Order No. 1606–92, 57 FR 32438, July 22, 1992] media. (d) Serve as a central agency for in- Subpart E–2—Office of Legislative formation relating to the work and ac- and Intergovernmental Affairs tivities of all agencies of the Depart- ment. § 0.27 General functions. (e) Prepare public statements and news releases. The following-described matters are (f) Coordinate Department publica- assigned to, and shall be conducted, tions. handled, or supervised by, the Assist- (g) Assist the Attorney General and ant Attorney General, Office of Legis- other officials of the Department in lative and Intergovernmental Affairs: preparing for news conferences, inter- (a) Maintaining liaison between the views and other contacts with the news Department and the Congress. media. (b) Reviewing, coordinating and sub- [Order No. 960–81, 46 FR 52343, Oct. 27, 1981. mitting departmental legislative re- Redesignated by Order No. 1497–91, 56 FR ports. 25629, June 5, 1991] (c) Coordinating the preparation and submission of proposed departmental Subpart E–4—Office of the legislation. Inspector General (d) Maintaining liaison between the Department and State and local gov- SOURCE: Order No. 2167–98, 63 FR 36847, July ernments and their representative or- 8, 1998, unless otherwise noted. ganizations. (e) Consulting with State and local § 0.29 Organization. officials and their representative orga- (a) The Office of the Inspector Gen- nizations to inform them of Depart- eral consists of an immediate office, ment policy and law enforcement ini- which is composed of the Inspector tiatives that may affect State and General, the Deputy Inspector General, local governments. and the Office of the General Counsel, (f) Performing such other duties re- and five major divisions, each headed specting legislative matters as may be by an Assistant Inspector General. The assigned by the Attorney General, the five OIG divisions are: Audit; Inves- Deputy Attorney General, or the Asso- tigations; Evaluation and Inspections; Oversight and Review; and Manage- ciate Attorney General. ment and Planning. [Order No. 504–73, 38 FR 6893, Mar. 14, 1973, as (b) The OIG is headquartered in amended by Order No. 623–75, 40 FR 42746, Washington, DC. Investigations Field Sept. 16, 1975; Order No. 960–81, 46 FR 52343, Offices and Audit Regional Offices are Oct. 27, 1981; Order No. 1054–84, 49 FR 10118, located in Washington, DC and Mar. 19, 1984. Redesignated by Order No. 1497– throughout the United States. For a 91, 56 FR 25629, June 5, 1991] listing of specific office locations, see

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the OIG Internet Website at http:// wrongdoing or serious administrative www.usdoj.gov/oig. misconduct by Department employees shall be reported to the OIG, or to a su- [Order No. 2167–98, 63 FR 36847, July 8, 1998, as amended by Order No. 2835–2006, 71 FR pervisor or a Department component’s 54413, Sept. 15, 2006] internal affairs office for referral to the OIG, except as provided in para- § 0.29a General functions. graph (b) of this section. (a) The OIG is a statutorily created (b) Reporting to the Department’s Office independent entity within the Depart- of Professional Responsibility (DOJ-OPR). ment of Justice subject to the general Employees shall report to DOJ-OPR supervision of the Attorney General evidence and non-frivolous allegations that conducts and supervises audits, of serious misconduct by Department inspections, and investigations relating attorneys that relate to the exercise of to the programs and operations of the their authority to investigate, litigate, Department; recommends policies to or provide legal advice. Employees promote economy, efficiency, and ef- shall also report to DOJ-OPR evidence fectiveness and to prevent and detect and non-frivolous allegations of serious fraud and abuse in Departmental pro- misconduct by Department law en- grams and operations; and keeps the forcement personnel that are related to Attorney General and Congress in- allegations of misconduct by a Depart- formed about the problems and defi- ment attorney that relate to the exer- ciencies relating to the administration cise of the attorney’s authority to in- of the Department and the necessity vestigate, litigate, or provide legal ad- for and progress of corrective action. vice. (b) In order to carry out its respon- (c) Reporting to the Drug Enforcement sibilities the OIG: Administration Office of Professional Re- (1) Audits and inspects Department sponsibility (DEA-OPR). Evidence and programs and operations as well as non-frivolous allegations of serious non-Department entities contracting misconduct by employees of the Drug with or receiving benefits from the De- Enforcement Administration (DEA) partment; shall be reported by the OIG to the (2) Investigates allegations of crimi- Drug Enforcement Administration Of- nal wrongdoing and administrative fice of Professional Responsibility misconduct on the part of Department (DEA-OPR) or to the Deputy Attorney employees, as provided in § 0.29c of this General. subpart; (d) Reporting to the Federal Bureau of (3) Investigates allegations that indi- Investigation Office of Professional Re- viduals and entities outside of the De- sponsibility (FBI-OPR). Evidence and partment have engaged in activity that non-frivolous allegations of serious adversely affects the Department’s pro- misconduct by employees of the Fed- grams and operations; eral Bureau of Investigation (FBI) shall (4) Undertakes sensitive investiga- be reported by the OIG to the FBI-OPR tions of Department operations and/or except as provided in § 0.29d of this sub- personnel, often at the request of sen- part, or to the Deputy Attorney Gen- ior Department officials or Congress. eral. [Order No. 2167–98, 63 FR 36847, July 8, 1998, § 0.29b Reporting allegations of waste, as amended by Order No. 2492–2001, 66 FR fraud, or abuse. 37903, July 20, 2001] Employees shall report evidence and non-frivolous allegations of waste, § 0.29d Whistleblower protection for fraud, or abuse relating to the pro- FBI employees. grams and operations of the Depart- (a) Protected disclosures by FBI employment to the OIG or to a supervisor for ees. Disclosures of information by an referral to the OIG. FBI employee that the employee reasonably believes evidences a violation § 0.29c Reporting allegations of em- of any law, rule, or regulation, or mis- ployee misconduct. management, gross waste of funds, an (a) Reporting to the OIG. Evidence and abuse of authority, or a substantial non-frivolous allegations of criminal and specific danger to public health or

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safety are protected disclosures when rious administrative misconduct in- they are reported as provided in § 27.1 volving any of their employees except of this chapter. Any office or official allegations involving Department at- (other than the OIG or DOJ–OPR) re- torneys and investigators that relate ceiving a protected disclosure shall to an attorney’s authority to litigate, promptly report such disclosure to the investigate, or provide legal advice. OIG or DOJ–OPR. The OIG or DOJ– (6) At the request of the Inspector OPR may refer such allegations to FBI General, the Deputy Attorney General Inspection Division (FBI–INSD) Inter- may assign to the OIG a matter within nal Investigations Section for inves- the investigative jurisdiction of DOJ- tigation unless the Deputy Attorney OPR. In such instances, the OIG shall General determines that such referral either: shall not be made. (b) Allegations of retaliation against (i) Notify DOJ-OPR of its request to FBI employees. Allegations of retalia- the Deputy Attorney General or tion against an employee of the FBI (ii) Request that the Deputy Attor- who makes a protected disclosure shall ney General determine that such noti- be reported to the OIG, DOJ-OPR, or fication would undermine the integrity the Deputy Attorney General. of the investigation nor jeopardize the interests of the complainant. [Order No. 2167–98, 63 FR 36847, July 8, 1998, as amended by Order No. 2492–2001, 66 FR (7) While an issue of investigative ju- 37903, July 20, 2001; Order No. 2926–2008, 73 FR risdiction or assignment is pending be- 1494, Jan. 9, 2008] fore the Deputy Attorney General, neither the OIG DOJ-OPR shall undertake § 0.29e Relationship to other depart- any investigative activity without au- mental units. thorization from the Deputy Attorney (a) The OIG works cooperatively with General. other Department components to as- (b) OIG investigations that result in sure that allegations of employee mis- findings of potential criminal misconduct are investigated by the appro- conduct or civil liability are referred priate entity: to the appropriate prosecutorial or (1) The OIG refers to DOJ-OPR alle- litigative office. gations of misconduct within DOJ- OPR’s jurisdiction and may refer to an- (c) The OIG advises DOJ-OPR of the other component the investigation of existence and results of any investiga- an allegation of misconduct on the part tion that reflects upon the ethics, com- of an employee of that component; petence, or integrity of a Department (2) The OIG may refer to a Depart- attorney for appropriate action by ment component’s internal affairs of- DOJ-OPR. fice allegations of misconduct within (d) OIG investigations that result in that office’s jurisdiction or may inves- findings of administrative misconduct tigate such allegations on its own; are reported to management for appro- (3) DOJ-OPR refers to the OIG allega- priate disposition. tions involving misconduct by Depart- ment attorneys or investigators that [Order No. 2167–98, 63 FR 36847, July 8, 1998; 63 do not relate to the exercise of an at- FR 40788, July 30, 1998, as amended by Order No. 2492–2001, 66 FR 37903, July 20, 2001] torney’s authority to investigate, litigate, or provide legal advice. § 0.29f Confidentiality. (4) The OIG and the FBI notify each other of the existence of criminal in- The Inspector General shall not, dur- vestigations that fall within their joint ing the pendency of an investigation, jurisdiction to investigate crimes in- disclose the identity of an employee volving the operations of the Depart- who submits a complaint to the OIG ment, except where such notification without the employee’s consent, unless could compromise the integrity of an the Inspector General determines that investigation; such disclosure is unavoidable in the (5) All Department components re- course of the investigation. port to the OIG all non-frivolous allegations of criminal wrongdoing and se-

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§ 0.29g Reprisals. (4) Intelligence or counterintelligence matters; or Any employee who has authority to take, direct others to take, rec- (5) Other matters the disclosure of ommend, or approve any personnel ac- which would constitute a serious tion shall not, with respect to such au- threat to national security or signifi- thority, take or threaten to take any cantly impair the national interests of action against any employee as a re- the United States; prisal for the employee making a com- (e) Request such information or as- plaint or disclosing information to the sistance as may be necessary for car- OIG unless the complaint was made or rying out the duties and responsibil- the information was disclosed with ities of the OIG from any office, board, knowledge that it was false or with division, or component of the Depart- willful disregard for its truth or fal- ment, and any Federal, State, or local sity. governmental agency or unit thereof; (f) Issue subpoenas to individuals, § 0.29h Specific authorities of the In- and entities, other than Federal gov- spector General. ernment agencies, for the production of The Inspector General is authorized information, records, data, and other to: documentary evidence necessary to (a) Conduct investigations and issue carry out the functions of the OIG; reports relating to criminal wrong- (g) Obtain information from Federal doing and administrative misconduct government agencies by means other of Department employees and adminis- than subpoena and advise the head of tration of the programs and operations such agency whenever information is of the Department as are, in the judgment of the Inspector General, nec- unreasonably refused or not provided; essary or desirable; (h) Select, appoint, and employ such (b) Receive and investigate com- officers and employees as may be nec- plaints or information from an em- essary for carrying out the functions, ployee of the Department concerning powers, and duties of the OIG; the possible existence of an activity (i) Employ on a temporary basis such constituting a violation of law, rules, experts and consultants as may be nec- or regulations, or mismanagement, essary to carry out the duties of the gross waste of funds, an abuse of au- OIG; thority, or a substantial and specific (j) Enter into contracts and other ar- danger to the public health and safety; rangements for audits, studies, anal- (c) Have direct and prompt access to yses, and other services with public the Attorney General when necessary agencies and with private persons, and for any purpose pertaining to the per- to make such payments as may be nec- formance of the functions and respon- essary to carry out the duties of the sibilities of the OIG; OIG; (d) Have access to all records, re- (k) Take from any person an oath, af- ports, audits, reviews, documents, pa- firmation, or affidavit whenever nec- pers, recommendations, or other mate- essary in the performance of the func- rial available to the Department and tions of the OIG. its components that relate to programs and operations with respect to which [Order No. 2167–98, 63 FR 36847, July 8, 1998, the OIG has responsibilities unless the as amended by Order No. 2492–2001, 66 FR Attorney General notifies the Inspec- 37903, July 20, 2001] tor General, in writing, that such access shall not be available because it is § 0.29i Audit, inspection, and review necessary to prevent the disclosure of authority. (1) Sensitive information concerning The OIG is authorized to perform au- ongoing civil or criminal investiga- dits, inspections, and reviews of the tions or proceedings; programs and operations of the Depart- (2) Undercover operations; ment of Justice and of entities con- (3) The identity of confidential tracting with or obtaining benefits sources, including protected witnesses; from the Department.

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§ 0.29j Law enforcement authority. § 0.31 Designating officials to perform Subject to guidelines promulgated by the functions of the Director. the Attorney General, Special Agents (a) In case of a vacancy in the Office of the Office of the Inspector General of the Director of the Community Rela- are authorized to: tions Service, the Deputy Director of (a) Detect and assist in the prosecu- the Service shall perform the functions tion of crimes in violation of the laws and duties of the Director. of the United States and to conduct (b) The Director is authorized, in such other investigations regarding case of absence from his office or in matters that are within the jurisdic- case of his inability or disqualification tion of the Inspector General; to act, to designate the Deputy Direc- (b) Serve legal writs, summons, com- tor to act in his stead. In unusual cir- plaints, and subpoenas issued by the cumstances, or in the absence of the Inspector General or by a Federal Deputy Director, a person other than grand jury; the Deputy Director may be so des- (c) Receive, transport, and provide ignated by the Director. safekeeping of arrestees and other persons in the custody of the Attorney § 0.32 Applicability of existing depart- General or detained aliens; mental regulations. (d) Arrest without warrant any per- Departmental regulations which are son for an offense against the United generally applicable to units or per- States committed in the presence of sonnel of the Department of Justice the Special Agent or whom the Special shall be applicable with respect to the Agent has reasonable grounds to be- Community Relations Service and to lieve has committed or is committing a the Director and personnel thereof, ex- felony cognizable under the laws of the cept to the extent, if any, that such United States; regulations may be inconsistent with (e) Seek and execute search and ar- the intent and purposes of section rest warrants; 1003(b) of the Civil Rights Act of 1964. (f) Carry firearms while on-duty; and (g) Carry firearms while off-duty as Subpart F–1–Office for Access to authorized by the Inspector General. Justice [Order No. 2835–2006, 71 FR 54413, Sept. 15, 2006] § 0.33 Office for Access to Justice. The Office for Access to Justice shall Subpart F—Community Relations be headed by a Director appointed by Service the Attorney General. The principal responsibilities of the Office shall be to § 0.30 General functions. plan, develop, and coordinate the im- The following-described matters are plementation of access to justice pol- assigned to, and shall be conducted, icy initiatives of high priority to the handled, or supervised by, the Director Department and the executive branch, of the Community Relations Service: including in the areas of criminal indi- (a) Exercise of the powers and per- gent defense and civil legal aid. In ad- formance of the functions vested in the dition, the Director shall: Attorney General by sections 204(d), (a) Promote uniformity of Depart- 205, 1002, and 1003(a) of the Civil Rights ment of Justice and government-wide Act of 1964 (78 Stat. 267) and section 2 policies and litigation positions relat- of Reorganization Plan No. 1 of 1966. ing to equal access to justice; (b) Preparation and submission of the (b) Examine proposed legislation, annual report to the Congress required proposed rules, and other policy pro- by section 1004 of that Act. posals to ensure that access to justice principles are properly considered in [Order No. 423–69, 34 FR 20388, Dec. 31, 1969, as the development of policy; and amended by Order No. 445–70, 35 FR 19397, Dec. 23, 1970; Order No. 699–77, 42 FR 15315, (c) Perform such other duties and Mar. 21, 1977; Order No. 960–81, 46 FR 52343, functions as may be authorized by law Oct. 27, 1981] or directed by the Attorney General,

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Deputy Attorney General, or Associate records for licensing, humanitarian and Attorney General. other non-law enforcement purposes. [AG Order 3691–2016, 81 FR 43066, July 1, 2016] [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, Subpart F–2—INTERPOL-United Aug. 9, 1990; Order No. 1491–91, 56 FR 21600, States National Central Bureau May 10, 1991]

§ 0.34 General functions. Subpart G—Office of the Pardon The following functions are assigned Attorney to, and shall be conducted, handled, or supervised by, the Chief of the United States National Central Bureau, Inter- CROSS REFERENCE: For regulations per- national Criminal Police Organization taining to the Office of Pardon Attorney, see part 1 of this chapter. (INTERPOL—U.S. National Central Bureau), as authorized by statute and § 0.35 General functions; delegation of within guidelines prescribed by the De- authority. partment of Justice, in conjunction Under the general supervision of the with the Department of Treasury: Attorney General and the direction of (a) Facilitate international law en- the Deputy Attorney General, the fol- forcement cooperation as the United lowing-described matters are assigned States representative with the Inter- to, and shall be conducted, handled or national Criminal Police Organization supervised by, the Pardon Attorney but (INTERPOL), on behalf of the Attorney subject to the limitation contained in General, pursuant to 22 U.S.C. 263a. § 0.36 of this chapter. (b) Represent the U.S. National Cen- (a) Exercise of the powers and per- tral Bureau at criminal law enforce- formance of the functions vested in the ment and international law enforce- Attorney General by §§ 1.1 through 1.8 ment conferences and symposia. inclusive of this chapter. (c) Serve as a member of the Execu- (b) Performance of such other duties tive Committee of INTERPOL-United as may be assigned by the Attorney States National Central Bureau General or the Deputy Attorney Gen- (INTERPOL-USNCB). eral. (d) Transmit information of a crimi- [Order No. 1012–83, 48 FR 22290, May 18, 1983, nal justice, humanitarian, or other law as amended by AG Order No. 3464–2014, 79 FR enforcement related nature between 54188, Sept. 11, 2014] National Central Bureaus of INTERPOL member countries, and law § 0.36 Recommendations. enforcement agencies within the The Pardon Attorney shall submit all United States and abroad; and respond recommendations in clemency cases to requests by law enforcement agen- through the Deputy Attorney General cies, and other legitimate requests by and the Deputy Attorney General shall appropriate organizations, institutions exercise such discretion and authority and individuals, when in agreement as is appropriate and necessary for the with the INTERPOL constitution. handling and transmittal of such rec- (e) Coordinate and integrate informa- ommendations to the President. tion for investigations of an inter- [Order No. 1012–83, 48 FR 22290, May 18, 1983, national nature and identify those in- as amended by AG Order No. 3464–2014, 79 FR volving patterns and trends of criminal 54188, Sept. 11, 2014] activities. (f) Conduct analyses of patterns of Subpart G–1—Executive Office for international criminal activities, when United States Trustees specific patterns are observed. (g) Establish and collect user fees to § 0.37 Organization. process name checks and background The Executive Office for United States Trustees shall be headed by a

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Director appointed by the Attorney (3) Report to the responsible Depart- General. ment official the results of inquiries [Order No. 960–81, 46 FR 52344, Oct. 27, 1981] and investigations arising under paragraphs (a)(1) and (2) of this section, § 0.38 Functions. and, when appropriate, make rec- The Director shall have responsi- ommendations for disciplinary and bility for assisting the Attorney Gen- other corrective action; eral and the Deputy Attorney General (4) Refer any allegation not arising in supervising and providing general under paragraphs (a)(1) or (2) of this coordination and assistance to United section to the Inspector General or an- States Trustees. The Director shall other appropriate Department official; perform such duties relating to such (5) Notify any person who has made functions and others under the Bank- allegations pursuant to paragraphs ruptcy Reform Act of 1978 as may be (a)(1) or (2) of this section and any per- assigned by the Attorney General or son who was the subject of such allega- the Deputy Attorney General. tions of the completion and, as appropriate, the results of, any inquiry or in- [Order No. 960–81, 46 FR 52344, Oct. 27, 1981] vestigation undertaken, where such notification is permitted by law and con- Subpart G–2—Office of sistent with the law enforcement inter- Professional Responsibility ests of the Department; (6) Engage in liaison with the bar dis- SOURCE: Order No. 2835–2006, 71 FR 54414, ciplinary authorities of the states, ter- Sept. 15, 2006, unless otherwise noted. ritories, and the District of Columbia with respect to professional mis- § 0.39 Office of Professional Responsi- bility. conduct matters; (7) Submit an annual report to the The Office of Professional Responsi- Attorney General summarizing the bility (DOJ–OPR) shall be headed by a work of the Office; Counsel, who shall be appointed by the Attorney General and subject to the (8) Submit recommendations to the general supervision and direction of Attorney General and the Deputy At- the Attorney General or, whenever ap- torney General on the need for changes propriate, the Deputy Attorney Gen- in policies and procedures that become eral. evident during the course of the Coun- sel’s inquiries and investigations; § 0.39a Functions. (9) Review proposals from Depart- (a) The Counsel shall: ment employees to refer to appropriate (1) Receive, review, investigate and licensing authorities apparent profes- refer for appropriate action allegations sional misconduct by attorneys outside of misconduct involving Department the Department, and make such refer- attorneys that relate to the exercise of rals where warranted, except that re- their authority to investigate, litigate ferrals made pursuant to 8 CFR or provide legal advice, as well as alle- 1003.106(d) do not require the Counsel’s gations of misconduct by law enforce- review; and ment personnel when such allegations (10) Perform any other responsibil- are related to allegations of attorney ities assigned by the Attorney General misconduct within the jurisdiction of or the Deputy Attorney General. DOJ–OPR; (b) For the purpose of paragraph (2) Receive, review, investigate and (a)(2)(i) of this section, any disclosure refer for appropriate action; by an employee or applicant to a super- (i) Any allegation of reprisal against visor, Professional Responsibility Offi- an employee or applicant who discloses cer, the Office of Professional Respon- information pursuant to paragraph sibility, the Office of the Inspector (a)(1) of this section; and General, the Executive Office for (ii) Allegations of reprisal taken United States Attorneys, or other ap- against any Federal Bureau of Inves- propriate individual or component tigation employee for disclosing infor- shall constitute disclosure to the At- mation pursuant to 28 CFR 27.1; torney General or the Counsel.

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§ 0.39b Confidentiality of information. proceedings, issuance and enforcement of civil investigative demands, civil ac- The Counsel shall not disclose the tions to obtain orders and injunctions, identity of any person submitting an civil actions to recover forfeitures or allegation of misconduct or reprisal damages for injuries sustained by the pursuant to 28 CFR 0.39a(a)(1) or (2) un- United States as a result of antitrust less the person consents to the disclo- law violations, proceedings to enforce sure of his identity or the disclosure is compliance with final judgments in necessary to carry out the authority of antitrust suits and negotiation of con- the Office of Professional Responsi- sent judgments in civil actions, civil bility, including conducting an inves- actions to recover penalties, criminal tigation or referring the allegation to actions to impose penalties including another component. actions for the imposition of penalties § 0.39c Relationship to other depart- for conspiring to defraud the Federal mental units. Government by violation of the antitrust laws, participation as amicus cu- (a) Primary responsibility for assur- riae in private antitrust litigation; and ing the maintenance of the highest prosecution or defense of appeals in standards of professional responsibility antitrust proceedings. by Department employees rests with (b) Intervention or participation be- the heads of the offices, divisions, bu- fore administrative agencies func- reaus, and boards of the Department. tioning wholly or partly under regu- (b) The heads of the offices, divisions, latory statutes in administrative pro- bureaus, and boards shall assure that ceedings which require consideration of any judicial finding of misconduct or the antitrust laws or competitive poli- serious judicial criticism relating to cies, including such agencies as the the duties described in § 0.39(a)(1), or Civil Aeronautics Board, Interstate any nonfrivolous allegation of serious Commerce Commission, Federal Com- misconduct concerning an employee in munications Commission, Federal Mar- their component and relating to those itime Commission, Federal Energy duties, is reported to the Counsel. Regulatory Commission, Federal Re- (c) The heads of the offices, divisions, serve Board, Federal Trade Commis- bureaus, and boards shall provide infor- sion, Nuclear Regulatory Commission, mation and assistance requested by the and Securities and Exchange Commis- Counsel in connection with any inquir- sion, except proceedings referred to ies or investigations conducted by the any agency by a federal court as an in- Counsel or by the Counsel’s staff. As cident to litigation being conducted set forth in part 45, all Department under the supervision of another Divi- personnel, including the subject(s) of sion in this Department. any inquiry or investigation, shall co- (c) Developing procedures to imple- operate fully with any investigation ment, receiving information, maintain- conducted by the Counsel or his des- ing records, and preparing reports by ignee. the Attorney General to the President as required by Executive Order 10936 of Subpart H—Antitrust Division April 25, 1961 relating to identical bids submitted to Federal and State depart- § 0.40 General functions. ments and agencies. The following functions are assigned (d) As the delegate of the Attorney to and shall be conducted, handled, or General furnishing reports and sum- supervised by, the Assistant Attorney maries thereof respecting the competi- General, Antitrust Division: tive factors involved in proposed merg- (a) General enforcement, by criminal ers or consolidations of insured banks and civil proceedings, of the Federal required by the Federal Deposit Insur- antitrust laws and other laws relating ance Act, as amended (12 U.S.C. to the protection of competition and 1828(c)), furnishing reports respecting the prohibition of restraints of trade the competitive factors involved in and monopolization, including conduct proposed acquisitions under the Sav- of surveys of possible violations of ings and Loan Holding Company antitrust laws, conduct of grand jury Amendments of 1967 (12 U.S.C. 1730a(e)),

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furnishing advice regarding the pro- ments or agencies views or advice as to posed disposition of surplus Govern- the propriety or effect of any action, ment property required by the Federal program or practice upon the mainte- Property and Administrative Services nance and preservation or competition Act of 1949, as amended (40 U.S.C. 488), under the free enterprise system. furnishing reports regarding deepwater (h) Representing the Attorney Gen- port licenses under the Deepwater Port eral on interdepartmental or inter- Act of 1974 (33 U.S.C. 1506), furnishing agency committees concerned with the advice and reports regarding federal maintenance and preservation of com- coal leases under the Federal Coal petition generally and in various sec- Leasing Amendments Act of 1976 (30 tions of the economy and the operation U.S.C. 184(1)), furnishing advice on oil of the free enterprise system and when and gas leasing under the Outer Conti- authorized participating in conferences nental Shelf Lands Act Amendments of and committees with foreign govern- 1978 (43 U.S.C. 1334(a) 1334(f)(3). 1337), ments and treaty organizations con- furnishing reports and recommenda- cerned with competition and restric- tions regarding the issuance of licenses tive business practices in international for exploration or permits for commer- trade. cial recovery of deep seabed hard min- (i) Collecting fines, penalties, judg- erals pursuant to the Deep Seabed Hard ments, and forfeitures arising in anti- Minerals Resources Act (30 U.S.C. trust cases. 1413(d)), furnishing advice or reports re- (j) [Reserved] garding contracts or operating agree- (k) As the delegate of the Attorney ments concerning exploration, develop- General, performance of all functions ment or production of petroleum re- which the Attorney General is required serves under the Naval Petroleum Re- or authorized to perform by title III of serves Production Act of 1976 (10 U.S.C. Public Law 97–290 (15 U.S.C. 4011–4021) 7430(g)(1)), and furnishing advice re- with respect to export trade certifi- garding nuclear licenses under the cates of review. Atomic Energy Act of 1954 (42 U.S.C. 2135). [Order No. 617–75, 40 FR 36118, Aug. 19, 1975, (e) Preparing the approval or dis- as amended by Order No. 699–77, 42 FR 15315, approval of the Attorney General Mar. 21, 1977; Order No. 960–81, 46 FR 52344, whenever such action is required by Oct. 27, 1981; Order Nos. 1002–83, 1003–83, 48 FR statute from the standpoint of the 9522, 9523, Mar. 7, 1983] antitrust laws as a prerequisite to the § 0.41 Special functions. development of Defense Production Act voluntary programs or agreements and The following functions are assigned small business production or raw mate- to, and shall be conducted, handled, or rial pools, the national defense pro- supervised by, the Assistant Attorney gram and atomic energy matters. General, Antitrust Division: (f) Assembling information and pre- (a) Institution of proceedings to im- paring reports required or requested by pose penalties for violations of section the Congress or the Attorney General 202(a) of the Communications Act of as to the effect upon the maintenance 1934 (48 Stat. 1070), as amended (47 and preservation of competition under U.S.C. 202(a)), which prohibits common the free enterprise system of various carriers by wire or radio from unjustly Federal laws or programs, including or unreasonably discriminating among the Defense Production Act of 1950, the persons, classes of persons, or local- Small Business Act, the Federal Coal ities. Leasing Amendments Act of 1976 (30 (b) Representing the United States in U.S.C. 208–2), the Naval Petroleum Re- suits pending as of February 28, 1975, serves Production Act of 1976 (10 U.S.C. before three-judge district courts under 7431(b)(2)), and the joint resolution of sections 2321–2325 of title 28 of the U.S. July 28, 1955, giving consent to the Code, to enforce, suspend, enjoin, Interstate Compact to Conserve Oil and annul, or set aside, in whole or in part, Gas. any order of the Interstate Commerce (g) Preparing for transmittal to the Commission. (Pub. L. 93–584, Sec. 10, 88 President, Congress, or other depart- Stat. 1917)

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(c) Representing the United States in tional Cooperative Production Amend- proceedings before courts of appeals to ments of 1993, Pub. L. No. 103–42, 107 review orders of the Interstate Com- Stat. 117 (15 U.S.C. 4305). merce Commission, the Federal Com- [Order No. 615–75, 40 FR 36118, Aug. 19, 1975, munications Commission, the Federal as amended by Order No. 699–77, 42 FR 15315, Maritime Commission and the Nuclear Mar. 21, 1977; Order No. 769–78, 43 FR 8256, Regulatory Commission (28 U.S.C. 2341– Mar. 1, 1978; Order No. 960–81, 46 FR 52344, 2350). Oct. 27, 1981; Order Nos. 1002–83, 1003–83, 48 FR (d) Representing the Civil Aero- 9522, 9523, Mar. 7, 1983; Order No. 1077–85, 49 nautics Board, and the Secretary of the FR 46372, Nov. 26, 1984; Order No. 1857–94, 59 Treasury or his delegates under the FR 14101, Mar. 25, 1994] Federal Alcohol Administration Act, in APPENDIX TO SUBPART H OF PART 0— courts of appeals reviewing their re- DELEGATION OF AUTHORITY RE- spective administrative orders. SPECTING DENIALS OF FREEDOM OF (e) Defending the Secretary of the INFORMATION AND PRIVACY ACT RE- Treasury or his delegates under the QUESTS Federal Alcohol Administration Act, and the agencies named in paragraphs [MEMO NO. 79–1] (c), (d) and (e) of this section or their 1. The Deputy Assistant Attorney General officers against the injunctive actions for Litigation, Antitrust Division, will as- brought in Federal courts when the sume the duties and responsibilities pre- matter which is the subject of the ac- viously assigned to the Assistant Attorney tions will ultimately be the subject of General by 28 CFR 16.5 (b) and (c) and review under paragraph (c), (d), (e) or 16.45(a), as amended July 1, 1977, and defined (g) of this section, or of an enforcement in those sections, for denying requests and action under paragraph (b) of this sec- obtaining statutory extensions of time under the Freedom of Information Act, 5 U.S.C. 552, tion. et seq., and the Privacy Act, 5 U.S.C. 552a, et (f) Seeking review of or defending seq. judgments rendered in proceedings 2. The Deputy Assistant Attorney General under paragraphs (a) through (e) of this for Litigation, Antitrust Division, who signs section. a denial or partial denial of a request for (g) Acting on behalf of the Attorney records made under the Freedom of Informa- General with respect to sections 252 tion Act or the Privacy Act shall be the and 254 of the Energy Policy and Con- ‘‘person responsible for the denial’’ within the meaning of 5 U.S.C. 552(a) and 5 U.S.C. servation Act, 42 U.S.C. 6272, 6274, in- 552a (j) and (k). cluding acting on behalf of the Attor- ney General with respect to voluntary [44 FR 54045, Sept. 18, 1979] agreements or plans of action established pursuant to section 252 of that Subpart I—Civil Division Act. (h) [Reserved] CROSS REFERENCE: For regulations per- (i) Acting on behalf of the Attorney taining to the Civil Division, see part 15 of General with respect to sections 4(b), this chapter. 4(c) and 4(d) of the National Coopera- tive Production Amendments of 1993, § 0.45 General functions. Pub. L. No. 103–42, 107 Stat. 117 (15 The following-described matters are U.S.C. 4305 note). assigned to, and shall be conducted, (j) Defending the Secretary of Com- handled, or supervised by, the Assist- merce and the Attorney General, or ant Attorney General, Civil Division: their delegates, in actions to set aside (a) Admiralty and shipping cases—civil a determination with respect to export and admiralty litigation in any court trade certificates of review under sec- by or against the United States, its of- tion 305(a) of Public Law 97–290 (15 ficers and agents, which involves ships U.S.C. 4015(a)). or shipping (except suits to enjoin final (k) Acting on behalf of the Attorney orders of the Federal Maritime Com- General with respect to section 6 of the mission under the Shipping Act of 1916 National Cooperative Research and and under the Intercoastal Shipping Production Act of 1984, Pub. L. 98–462, Act assigned to the Antitrust Division 98 Stat. 1815, as amended by the Na- by subpart H of this part), defense of

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regulatory orders of the Maritime Ad- vention in the furnishing of assistance ministration affecting navigable under the Foreign Assistance Act (22 waters or shipping thereon (except as U.S.C. 2356), suits for compensation for assigned to the Environment and Nat- the unauthorized communication of re- ural Resources Division by § 0.65(a)), stricted data by the Atomic Energy workmen’s compensation, and litiga- Commission to other nations (42 U.S.C. tion and waiver of claims under recip- 2223), interference proceedings (35 rocal-aid maritime agreements with U.S.C. 135, 141, 142, 146), defense of the foreign governments. Register of Copyrights in his adminis- (b) Court of claims cases—litigation by trative acts, suits for specific perform- and against the United States in the ance to acquire title to patents, and Court of Claims, except cases assigned civil patent-fraud cases. to the Environment and Natural Re- (g) Tort cases—defense of tort suits sources Division and the Tax Division against the United States arising under by subparts M and N of this part, re- the Federal Tort Claims Act and spe- spectively. cial acts of Congress; similar litigation (c) International trade—all litigation against cost-plus Government contrac- before the Court of International tors and Federal employees whose offi- Trade, including suits instituted pursu- cial conduct is involved (except actions ant to 28 U.S.C. 1581(i) and suits by the against Government contractors and United States to recover customs du- Federal employees which are assigned ties, to recover upon a bond relating to to the Environment and Natural Re- the importation of merchandise resources Division by § 0.65(a); prosecu- quired by the laws of the United States tion of tort claims for damage to Gov- or by the Secretary of the Treasury ernment property, and actions for the and to recover a civil penalty under recovery of medical expenses under sections 592, 704(i)(2), or 734(i)(2) of the Public Law 87–693 and part 43 of this Tariff Act of 1930, and the presentation title. of appeals in the Court of International (h) General civil matters—litigation by Trade. and against the United States, its (d) Fraud cases—civil claims arising agencies, and officers in all courts and from fraud on the Government (other administrative tribunals to enforce than antitrust, land and tax frauds), in- Government rights, functions, and cluding alleged claims under the False monetary claims (except defense of in- Claims Act, the Program Fraud Civil junctive proceedings assigned to the Remedies Act of 1986, the Surplus Prop- Antitrust Division by subpart H of this erty Act of 1944, the Anti-Kickback part, civil proceedings seeking exclu- Act, the Contract Settlement Act of sively equitable relief assigned to the 1944, the Contract Disputes Act of 1978, Criminal Division by §§ 0.55(i) and 19 U.S.C. 1592 and common law fraud. 0.61(d), and proceedings involving judg- (e) Gifts and bequests—handling mat- ments, fines, penalties, and forfeitures ters arising out of devises and bequests assigned to other divisions by § 0.171), and inter vivos gifts to the United and to defend challenged actions of States, except determinations as to the Government agencies and officers, not validity of title to any lands involved otherwise assigned, including, but not and litigation pertaining to such deter- limited to, civil penalties and forfeit- minations. ures, actions in the Court of Claims (f) Patent and allied cases and other under the Renegotiation Act, claims patent matters—patent, copyright, and against private persons or organiza- trademark litigation before the U.S. tions for which the Government is, or courts and the Patent Office, including may ultimately be, liable, except as patent and copyright infringement provided in § 0.70(c)(2), defense of ac- suits in the Court of Claims (28 U.S.C. tions arising under section 2410 of title 1498), suits for compensation under the 28 of the U.S. Code whenever the Patent Secrecy Act where the inven- United States is named as a party as tion was ordered to be kept secret in the result of the existence of a Federal the interest of national defense (35 lien against property, defense of ac- U.S.C. 183), suits for compensation for tions for the recovery of U.S. Govern- unauthorized practice of a patented in- ment Life Insurance and National

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Service Life Insurance (38 U.S.C. 784), U.S.C. 1451 et seq.), the Automobile In- enforcement of reemployment rights in formation Disclosure Act (15 U.S.C. private industry pursuant to the Mili- 1231 et seq.), the odometer requirements tary Selective Service Act of 1967 (50 section and the fuel economy labeling U.S.C., App. 459); reparations suits section of the Motor Vehicle Informa- brought by the United States as a ship- tion and Cost Savings Act (15 U.S.C. per under the Interstate Commerce 1981 et seq.), the Federal Cigarette La- Act; civil actions by the United States beling and Advertising Act (15 U.S.C. for penalties for violations of car serv- 1331 et seq.), the Poison Prevention ice orders (49 U.S.C. 1(17a)); actions re- Packaging Act of 1970 (15 U.S.C. 1471 et straining violations of part II of the seq.), the Federal Caustic Poison Act Interstate Commerce Act (49 U.S.C. (15 U.S.C. 401 note), the Consumer 322(b) and 322(h); civil actions under Credit Protection Act (15 U.S.C. 1611, part I of the Interstate Commerce Act 1681q and 1681r), the Wool Products La- (49 U.S.C. 6(10) and 16(9)); injunctions beling Act of 1939 (15 U.S.C. 68), the Fur against violations of Interstate Com- Products Labeling Act (15 U.S.C. 69), merce Commission orders (49 U.S.C. the Textile Fiber Products Identifica- 16(12)); mandamus to compel the fur- tion Act (15 U.S.C. 70 et seq.), the Con- nishing of information to the Inter- sumer Product Safety Act (15 U.S.C. state Commerce Commission (49 U.S.C. 2051 et seq.), the Flammable Fabrics 19a(1) and 20(9)); recovery of rebates Act (15 U.S.C. 1191 et seq.), the Refrig- under the Elkins Act (49 U.S.C. 41(3)); erator Safety Device Act (15 U.S.C. 1211 compelling the appearance of witnesses et seq.), title I of the Magnuson-Moss before the Interstate Commerce Com- Warranty—Federal Trade Commission mission and enforcement of subpenas Improvement Act (15 U.S.C. 2301 et and punishment for contempt (49 seq.), the Federal Trade Commission U.S.C. 12(3)); suits to enforce final or- Act (15 U.S.C. 41 et seq.), and section ders of the Secretary of Agriculture 11(1) of the Clayton Act (15 U.S.C. 21(1)) under the Perishable Agricultural relating to violations of orders issued Commodities Act (7 U.S.C. 499g), and by the Federal Trade Commission. the Packers and Stockyards Act (7 Upon appropriate certification by the U.S.C. 216); suits to set aside orders of Federal Trade Commission, the institu- State regulatory agencies (49 U.S.C. tion of criminal proceedings, under the 13(4)); and civil matters, except those Federal Trade Commission Act (15 required to be handled by the Board of U.S.C. 56(b)), the determination wheth- Parole, under section 504(a) of the er the Attorney General will com- Labor-Management Reporting and Dis- mence, defend or intervene in civil pro- closure Act of 1959 (29 U.S.C. 504(a)). ceedings under the Federal Trade Com- (i) Appeals under section 8(b)(1)(B) of mission Act (15 U.S.C. 56(a)), and the the Contract Disputes Act of 1978—the determination under the Consumer grant and/or legal denial of prior ap- Product Safety Act (15 U.S.C. proval of the Attorney General as de- 2076(b)(7)), whether the Attorney Gen- scribed in section 8(g)(1)(B) of the Con- eral will initiate, prosecute, defend or tract Disputes Act of 1978. The Assist- appeal an action relating to the Con- ant Attorney General is authorized to sumer Product Safety Commission. redelegate, to the extent and subject to (k) All civil litigation arising under such limitations as may be deemed ad- the passport, visa and immigration and visable, to subordinate division offi- nationality laws and related investiga- cials the responsibilities covered by tions and other appropriate inquiries this subsection and delineated in sec- pursuant to all the power and author- tion 8(g)(1)(B) of the Contract Disputes ity of the Attorney General to enforce Act of 1978. the Immigration and Nationality Act (j) Consumer litigation—All civil and and all other laws relating to the im- criminal litigation and grand jury pro- migration and naturalization of aliens ceedings arising under the Federal except all civil litigation, investiga- Food, Drug and Cosmetic Act (21 U.S.C. tions, and advice with respect to for- 301 et seq.), the Federal Hazardous Sub- feitures, return of property actions, stances Act (15 U.S.C. 1261 et seq.), the Nazi war criminals identified in 8 Fair Packaging and Labeling Act (15 U.S.C. 1182(a)(33), 1251(a)(19) and civil

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actions seeking exclusively equitable vested in the Attorney General under relief which relate to national security the Trading with the Enemy Act, as within the jurisdiction of the Criminal amended, title II of the International Division under § 0.55 (d), (f), (i) and Claims Settlement Act of 1949, as § 0.61(d). amended, the act of September 28, 1950, (l) Civil penalties for drug possession— 64 Stat. 1079 (50 U.S.C. App. 40), the the authority and responsibilities of Philippine Property Act of 1946, as the Attorney General under section amended, and the Executive orders re- 6486 of the Anti-Drug Abuse Act of 1988 lating to such acts, including, but not (21 U.S.C. 844a) and the regulations im- limited to, vesting, supervising, con- plementing that Act (28 CFR part 76). trolling, administering, liquidating, Such authority and responsibilities selling, paying debt claims out of, re- may be redelegated by the Assistant turning, and settling of intercustodial Attorney General to subordinate division officials to the extent and subject disputes relating to, property subject to limitations deemed advisable. to one or more of such acts. (2) Conducting and directing all civil [Order No. 423–69, 34 FR 20388, Dec. 31, 1969] litigation with respect to the Trading EDITORIAL NOTE: For FEDERAL REGISTER ci- with the Enemy Act, title II of the tations affecting § 0.45, see the List of CFR International Claims Settlement Act, Sections Affected, which appears in the the Foreign Funds Control Program Finding Aids section of the printed volume and the Foreign Assets Control Pro- and at www.govinfo.gov. gram. § 0.46 Certain civil litigation and for- (3) Designating within the Office of eign criminal proceedings. Alien Property a certifying officer, and The Assistant Attorney General in an alternate, to certify copies of docu- charge of the Civil Division shall, in ments issued by the Director, or his addition to litigation coming within designee, which are required to be filed the scope of § 0.45, direct all other civil with the Office of the Federal Register. litigation including claims by or (b) The Director of the Office of Alien against the United States, its agencies Property shall act for and on behalf of or officers, in domestic or foreign the Attorney General. courts, special proceedings, and similar (c) All the authority, rights, privi- civil matters not otherwise assigned, leges, powers, duties, and functions of and shall employ foreign counsel to the Director of the Office of Alien represent before foreign criminal Property may be exercised or per- courts, commissions or administrative formed by any agencies, instrumental- agencies officials of the Department of ities, agents, delegates, or other per- Justice and all other law enforcement sonnel designated by him. officers of the United States who are (d) Existing delegations by the As- charged with violations of foreign law as a result of acts which they per- sistant Attorney General, Director, Of- formed in the course and scope of their fice of Alien Property, or the Director, Government service. Office of Alien Property, shall continue in force and effect until modified or re- [Order No. 441–70, 35 FR 16318, Oct. 17, 1970] voked. (e) The Assistant Attorney General § 0.47 Alien property matters. in charge of the Civil Division is au- The Office of Alien Property shall be thorized to administer and give effect a part of the Civil Division: to the provisions of the agreement en- (a) The following described matters titled ‘‘Agreement Between the United are assigned to, and shall be conducted, States of America and the Republic of handled, or supervised by the Assistant Austria Regarding the Return of Aus- Attorney General in charge of the Civil trian Property, Rights and Interests,’’ Division, who shall also be the Director of the Office of Alien Property: which was concluded on January 30, (1) Exercising or performing all the 1959, and was ratified by the Senate of authority, rights, privileges, powers, the United States on February 25, 1964. duties, and functions delegated to or

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§ 0.48 International trade litigation. those pertaining to elections and voting, public accommodations, public fa- The Attorney-in-Charge, Inter- cilities, school desegregation, employ- national Trade Field Office, at 26 Fed- ment (including 42 U.S.C. 2000e–(6)), eral Plaza, New York, New York 10007, housing, abortion, sterilization, credit, in the Office of the Assistant Attorney and constitutional and civil rights of General, Civil Division, is designated Indians arising under 25 U.S.C. 1301 et to accept service of notices of appeals seq., and of institutionalized persons, to the Court of Customs and Patent and authorization of litigation in such Appeals and all other papers filed in enforcement, including criminal pros- the Court of International Trade, when ecutions and civil actions and pro- the United States is an adverse party. ceedings on behalf of the Government (28 U.S.C. 2633(c); 28 U.S.C. 2601(b)). and appellate proceedings in all such [Order No. 960–81, 46 FR 52345, Oct. 27, 1981] cases. Notwithstanding the provisions of the foregoing sentence, the responsi- § 0.49 International judicial assistance. bility for the enforcement of the fol- The Assistant Attorney General in lowing described provisions of the U.S. charge of the Civil Division shall direct Code is assigned to the Assistant At- and supervise the following functions: torney General, Criminal Division: (a) The functions of the ‘‘Central Au- (1) Sections 591 through 593 and sec- thority’’ under the Convention between tions 595 through 612 of title 18, U.S. the United States and other Govern- Code, relating to elections and polit- ments on the Taking of Evidence ical activities; Abroad in Civil and Commercial Mat- (2) Sections 241, 242, and 594 of title ters, TIAS 7444, which entered into 18, and sections 1973i and 1973j of title force on October 7, 1972. 42, U.S. Code, insofar as they relate to (b) The functions of the ‘‘Central Au- voting and election matters not involv- thority’’ under the Convention between ing discrimination or intimidation on the United States and other Govern- grounds of race or color, and section ments on the Service Abroad of Judi- 245(b)(1) of title 18, U.S. Code, insofar cial and Extrajudicial Documents, as it relates to matters not involving TIAS 6638, which entered into force on discrimination or intimidation on February 10, 1969. grounds of race, color, religion, or na- (c) To receive letters of requests tional origin; issued by foreign and international ju- (3) Section 245(b)(3) of title 18, U.S. dicial authorities which are referred to Code, pertaining to forcible inter- the Department of Justice through dip- ference with persons engaged in busi- lomatic or other governmental chan- ness during a riot or civil disorder; and nels, and to transmit them to the ap- (4) Sections 241 through 256 of title 2, propriate courts or officers in the U.S. Code (Federal Corrupt Practices United States for execution. Act). (d) To receive and transmit through (b) Requesting and reviewing inves- proper channels letters of request ad- tigations arising from reports or com- dressed by courts in the United States plaints of public officials or private to foreign tribunals in connection with citizens with respect to matters affect- litigation to which the United States is ing civil rights. a party. (c) Conferring with individuals and groups who call upon the Department [Order No. 555–73, 38 FR 32805, Nov. 28, 1973] in connection with civil rights matters, advising such individuals and groups Subpart J—Civil Rights Division thereon, and initiating action appropriate thereto. § 0.50 General functions. (d) Coordination within the Depart- The following functions are assigned ment of Justice of all matters affecting to, and shall be conducted, handled, or civil rights. supervised by, the Assistant Attorney (e) Consultation with and assistance General, Civil Rights Division: to other Federal departments and (a) Enforcement of all Federal stat- agencies and State and local agencies utes affecting civil rights, including on matters affecting civil rights.

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(f) Research on civil rights matters, section 1–303 of the Executive Order and the making of recommendations to which are required, by § 0.180 of this the Attorney General as to proposed part, to be issued by the Attorney Gen- policies and legislation relating there- eral. to. (b) Under paragraph (a) of this sec- (g) Representation of Federal offi- tion, the Assistant Attorney General in cials in private litigation arising under charge of the Civil Rights Division 42 U.S.C. 2000d or under other statutes shall be responsible for coordinating pertaining to civil rights. the implementation and enforcement (h) Administration of sections 3(c) by Executive agencies of the non- and 5 of the Voting Rights Act of 1965, discrimination provisions of the fol- as amended (42 U.S.C. 1973a(c), 1973c). lowing laws: (i) Upon request, assisting, as appro- (1) Title VI of the Civil Rights Act of priate, the Commission on Civil Rights 1964 (42 U.S.C. 2000d et seq.). or other similar Federal bodies in car- (2) Title IX of the Education Amend- rying out research and formulating ments of 1972 (20 U.S.C. 1681 et seq.). recommendations. (3) Section 504 of the Rehabilitation (j) Administration of section 105 of Act of 1973, as amended (29 U.S.C. 794). the Civil Liberties Act of 1988 (50 U.S.C. (4) Any other provision of Federal App. 1989b). statutory law which provides, in whole (k) Upon request, certifications under or in part, that no person in the United 18 U.S.C. 245. States shall, on the ground of race, (l) Enforcement and administration color, national origin, handicap, reli- of the Americans with Disabilities Act gion, or sex, be excluded from partici- of 1990, Public Law 101–336. pation in, be denied the benefits of, or (m) Community education, enforce- be subject to discrimination under any ment, and investigatory activities program or activity receiving Federal under section 102 of the Immigration financial assistance. Reform and Control Act of 1986, as amended. [Order No. 944–81, 46 FR 29704, June 3, 1981] (n) Upon request, certification under 18 U.S.C. 249, relating to hate crimes. § 0.52 Certifications under 18 U.S.C. 3503. [Order No. 423–69, 34 FR 20388, Dec. 31, 1969] The Assistant Attorney General in EDITORIAL NOTE: For FEDERAL REGISTER ci- charge of the Civil Rights Division and tations affecting § 0.50, see the List of CFR his Deputy Assistant Attorney Gen- Sections Affected, which appears in the erals are each authorized to exercise or Finding Aids section of the printed volume perform the functions or duties con- and at www.govinfo.gov. ferred upon the Attorney General by § 0.51 Leadership and coordination of section 3503 of title 18, U.S. Code, to nondiscrimination laws. certify that the legal proceeding, in which a motion to take testimony by (a) The Assistant Attorney General deposition is made, is against a person in charge of the Civil Rights Division who is believed to have participated in shall, except as reserved herein, exer- an organized criminal activity, where cise the authority vested in and per- the subject matter of the case or pro- form the functions assigned to the At- ceeding in which the motion is sought torney General by Executive Order is within the cognizance of the Civil 12250 (‘‘Leadership and Coordination of Rights Division pursuant to § 0.50. Nondiscrimination Laws’’). This delegation does not include the function, [Order No. 452–71, 36 FR 2601, Feb. 9, 1971] vested in the Attorney General by sections 1–101 and 1–102 of the Executive § 0.53 Immigrant and Employee Rights order, of approving agency rules, regu- Section. lations, and orders of general applica- (a) The Immigrant and Employee bility issued under the Civil Rights Act Rights Section shall be headed by a of 1964 and section 902 of the Education Special Counsel for Immigration-Re- Amendments of 1972. Likewise, this lated Unfair Employment Practices delegation does not include the author- (‘‘Special Counsel’’). The Special Coun- ity to issue those regulations under sel shall be appointed by the President

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for a term of four years, by and with (8) Delegate to any subordinate any the advice and consent of the Senate, of the authority, functions, or duties pursuant to section 274B of the Immi- vested in the Special Counsel. gration and Nationality Act (INA), 8 [AG Order 3791–2016, 81 FR 91789, Dec. 19, 2016] U.S.C. 1324b. The Immigrant and Em- ployee Rights Section shall be part of APPENDIX TO SUBPART J OF PART 0 the Civil Rights Division of the Depart- CIVIL RIGHTS DIVISION ment of Justice, and the Special Coun- sel shall report directly to the Assist- [MEMO 75–2] ant Attorney General, Civil Rights Di- NOTE: Civil Rights Division Memo 75–2, was vision. superseded by Civil Rights Division, Memo (b) In carrying out the Special Coun- 78–1 appearing at 48 FR 3367, Jan. 25, 1983. sel’s responsibilities under section 274B [MEMO 78–1] of the INA, the Special Counsel is au- NOTE: Civil Rights Division Memo 78–1 was thorized to: superseded by Civil Rights Division Memo (1) Investigate charges of unfair im- 92–3 appearing at 57 FR 19377, May 6, 1992. migration-related employment practices filed with the Immigrant and Em- [MEMO 79–1] ployee Rights Section and, when appro- DELEGATION OF AUTHORITY FOR ADMINISTRA- priate, file complaints with respect to TION OF SECTION 5 OF THE VOTING RIGHTS those practices before specially des- ACT ignated administrative law judges 1. The authority of the Attorney General within the Office of the Chief Adminis- regarding administration of section 5 of the trative Hearing Officer, Executive Of- Voting Rights Act of 1965, as amended, (42 fice for Immigration Review, U.S. De- U.S.C. 1973c) has been delegated to the As- sistant Attorney General in charge of the partment of Justice; Civil Rights Division. (2) Intervene in proceedings involving 2. That authority is delegated to the Chief complaints of unfair immigration-re- of the Voting Section, provided that any de- lated employment practices that are termination to object to a change affecting brought directly before such adminis- voting (see 28 CFR part 51) or to withdraw such an objection shall be made by the As- trative law judges by parties other sistant Attorney General. than the Special Counsel; 3. The Chief of the Voting Section may au- (3) Conduct, on the Special Counsel’s thorize the Deputy Chief or the Director of own initiative, investigations of unfair the section 5 unit to act on his or her behalf. immigration-related employment prac- [44 FR 53080, Sept. 12, 1979] tices and, where appropriate, file complaints with respect to those practices [MEMO 92–93] before such administrative law judges; DELEGATION OF AUTHORITY TO DENY FREEDOM (4) Conduct, handle, and supervise OF INFORMATION ACT AND PRIVACY ACT RE- litigation in U.S. District Courts for QUESTS judicial enforcement of subpoenas or 1. The Chief of the Freedom of Information/ orders of administrative law judges re- Privacy Acts Branch will assume the duties garding unfair immigration-related and responsibilities previously assigned to employment practices; the Assistant Attorney General by 28 CFR 16.4 (b) and (c) and 28 CFR 16.42(b), as amend- (5) Initiate, conduct, and oversee ac- ed July 1, 1991, and defined in those sections, tivities relating to the dissemination for denying requests and obtaining exten- of information to employers, employ- sions of time under the Freedom of Informa- ees, and the general public concerning tion Act, 5 U.S.C. 552 et seq., and the Privacy unfair immigration-related employ- Act, 5 U.S.C. 552a et seq. 2. The Chief of the Freedom of Information/ ment practices; Privacy Acts Branch who signs a denial or (6) Establish such regional offices as partial denial of a request for records made may be necessary, in accordance with under the Freedom of Information Act or the regulations of the Attorney General; Privacy Act shall be the ‘‘person responsible (7) Perform such other functions as for the denial’’ within the meaning of 5 U.S.C. 552(a)(6)(C) and shall be responsible the Assistant Attorney General, Civil for denials made in accordance with 5 U.S.C. Rights Division may direct; and 552a (j) and (k).

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3. This authority is limited to those 1970, prison-made goods (18 U.S.C. 1761– records which are in the systems of records 1762), the Safety Appliance Act, stand- under the custody and control of the Civil ard barrels (15 U.S.C. 231–242), the Rights Division of the United States Depart- Sugar Act of 1948, and the Twenty- ment of Justice. The authority delegated herein may be redelegated by the Assistant Eight Hour Law. Attorney General by internal memorandum. (e) Subject to the provisions of subpart Y of this part, consideration, ac- [57 FR 19377, May 6, 1992] ceptance, or rejection of offers in compromise of criminal and tax liability Subpart K—Criminal Division under the laws relating to liquor, narcotics and dangerous drugs, gambling, § 0.55 General functions. and firearms, in cases in which the The following functions are assigned criminal liability remains unresolved. to and shall be conducted, handled, or (f) All criminal litigation and related supervised by, the Assistant Attorney investigations and inquiries pursuant General, Criminal Division: to all the power and authority of the (a) Prosecutions for Federal crimes Attorney General to enforce the Immi- not otherwise specifically assigned. gration and Nationality Act and all (b) Cases involving criminal frauds other laws relating to the immigration against the United States except cases and naturalization of aliens; all advice assigned to the Antitrust Division by to the Attorney General with respect § 0.40(a) involving conspiracy to defraud to the exercise of his parole authority the Federal Government by violation under 8 U.S.C. 1182(d)(5) concerning of the antitrust laws, and tax fraud aliens who are excludable under 8 cases assigned to the Tax Division by U.S.C. 1182(a)(23), (28), (29), or (33); and subpart N of this part. all civil litigation with respect to the (c) All criminal and civil litigation individuals identified in 8 U.S.C. under the Controlled Substances Act, 1182(a)(33), 1251(a)(19). 84 Stat. 1242, and the Controlled Sub- (g) Coordination of enforcement ac- stances Import and Export Act, 84 Stat. tivities directed against organized 1285 (titles II and III of the Comprehen- crime and racketeering. sive Drug Abuse Prevention and Con- (h) Enforcement of the Act of Janu- trol Act of 1970). ary 2, 1951, 64 Stat. 1134, as amended by (d) Civil or criminal forfeiture or the Gambling Devices Act of 1962, 76 civil penalty actions (including peti- Stat. 1075, 15 U.S.C. 1171 et seq., includ- tions for remission or mitigation of ing registration thereunder. (See also forfeitures and civil penalties, offers in 28 CFR 3.2) compromise, and related proceedings) (i) All civil proceedings seeking ex- under the Federal Aviation Act of 1958, clusively equitable relief against the Contraband Transportation Act, Criminal Division activities including the Copyrights Act, the customs laws criminal investigations, prosecutions, (except those assigned to the Civil Di- and other criminal justice activities vision which involve sections 592, (including without limitation, applica- 704(i)(2) or 734(i)(2) of the Tariff Act of tions for writs of coram nobis and writs 1930), the Export Control Act of 1949, of habeas corpus not challenging exclu- the Federal Alcohol Administration sion, deportation, or detention under Act, the Federal Seed Act, the Gold Re- the immigration laws), except that any serve Act of 1934, the Hours of Service proceeding may be conducted, handled, Act, the Animal Welfare Act, the Im- or supervised by the Assistant Attor- migration and Nationality Act (except ney General for National Security or civil penalty actions and petitions and another Division by agreement be- offers related thereto), the neutrality tween the head of such Division and laws, laws relating to cigarettes, liq- the Assistant Attorney General, Crimi- uor, narcotics and dangerous drugs, nal Division. other controlled substances, gambling, (j) International extradition pro- war materials, pre-Colombian arti- ceedings. facts, coinage, and firearms, loco- (k) Relation of military to civil au- motive inspection (45 U.S.C. 22, 23, 28– thority with respect to criminal mat- 34), the Organized Crime Control Act of ters affecting both.

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(l) All criminal matters arising under U.S.C. 374(b)(2)(E) to approve the use of the Labor-Management Reporting and military equipment by Department of Disclosure Act of 1959 (73 Stat. 519). Defense personnel to provide transpor- (m) Enforcement of the following-de- tation and base of operations support scribed provisions of the United States in connection with a civilian law en- Code— forcement operation. (1) Sections 591 through 593 and sec- (v) Upon request, certification under tions 595 through 612 of title 18, U.S. 18 U.S.C. 249, relating to hate crimes, Code, relating to elections and polit- in cases involving extraterritorial ical activities; crimes that also involve charges filed (2) Sections 241, 242, and 594 of title pursuant to the Military 18, and sections 1973i and 1973j of title Extraterritorial Jurisdiction Act (18 42, U.S. Code, insofar as they relate to U.S.C. 3261 et seq.), or pursuant to chap- voting and election matters not involv- ters of the Criminal Code prohibiting ing discrimination or intimidation on genocide (18 U.S.C. 1091), torture (18 grounds of race or color, and section U.S.C. 2340A), war crimes (18 U.S.C. 245(b)(1) of title 18 U.S. Code, insofar as 2441), or recruitment or use of child sol- it relates to matters not involving dis- diers (18 U.S.C. 2442). crimination or intimidation on grounds [Order No. 423–69, 34 FR 20388, Dec. 31, 1969] of race, color, religion, or national origin; EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 0.55, see the List of CFR (3) Section 245(b)(3) of title 18, U.S. Sections Affected, which appears in the Code, pertaining to forcible inter- Finding Aids section of the printed volume ference with persons engaged in busi- and at www.govinfo.gov. ness during a riot or civil disorder; and (4) Sections 241 through 256 of title 2, § 0.56 Exclusive or concurrent jurisdic- U.S. Code (Federal Corrupt Practices tion. Act). (See § 0.50(a).) The Assistant Attorney General in (n) Civil actions arising under 39 charge of the Criminal Division is au- U.S.C. 3010, 3011 (Postal Reorganization thorized to determine administratively Act). whether the Federal Government has (o) Resolving questions that arise as exclusive or concurrent jurisdiction to Federal prisoners held in custody by over offenses committed upon lands ac- Federal officers or in Federal prisons, quired by the United States, and to commitments of mentally defective de- consider problems arising therefrom. fendants and juvenile delinquents, validity and construction of sentences, § 0.57 Criminal prosecutions against probation, and parole. juveniles. (p) Supervision of matters arising The Assistant Attorney General in under the Escape and Rescue Act (18 charge of the Criminal Division and his U.S.C. 751, 752), the Fugitive Felon Act Deputy Assistant Attorneys General (18 U.S.C. 1072, 1073), and the Obstruc- are each authorized to exercise the tion of Justice Statute (18 U.S.C. 1503). power and authority vested in the At- (q) Supervision of matters arising torney General by sections 5032 and under the Bail Reform Act of 1966 (28 5036 of title 18, United States Code, re- U.S.C. 3041–3143, 3146–3152, 3568). lating to criminal proceedings against (r) Supervision of matters arising juveniles. The Assistant Attorney Gen- under the Narcotic Addict Rehabilita- eral in charge of the Criminal Division tion Act of 1966 (18 U.S.C. 4251–4255; 28 is authorized to redelegate any func- U.S.C. 2901–2906; 42 U.S.C. 3411–3426, tion delegated to him under this sec- 3441, 3442). tion to United States Attorneys and to (s) Civil proceedings in which the the Chief of the Section within the United States is the plaintiff filed Criminal Division which supervises the under the Organized Crime Control Act implementation of the Juvenile Justice of 1970, 18 U.S.C. 1963–1968. and Delinquency Prevention Act (18 (t) Upon request, certifications under U.S.C. 5031 et seq.). 18 U.S.C. 245. [Order No. 579–74, 39 FR 37771, Oct. 24, 1974, as (u) Exercise of the authority vested amended by Order No. 894–80, 45 FR 34269, in the Attorney General under 10 May 22, 1980]

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§ 0.58 Delegation respecting payment the cognizance of the Civil Rights Divi- of benefits for disability or death of sion. law enforcement officers not employed by the United States. [Order No. 452–71, 36 FR 2601, Feb. 9, 1971, as amended by Order No. 511–73, 38 FR 8152, The Assistant Attorney General in Mar. 29, 1973] charge of the Criminal Division and his Deputy Assistant Attorneys General §§ 0.61–0.62 [Reserved] are each authorized to exercise or perform any of the functions or duties § 0.63 Delegation respecting admission and naturalization of certain aliens. conferred upon the Attorney General by the Act to Compensate Law En- (a) The Assistant Attorney General forcement Officers not Employed by in charge of the Criminal Division and the United States Killed or Injured the Deputy Assistant Attorney Gen- While Apprehending Persons Suspected eral, Criminal Division, are each au- of Committing Federal Crimes (5 thorized to exercise the power and au- U.S.C. 8191, 8192, 8193). The Assistant thority vested in the Attorney General Attorney General in charge of the by section 7 of the Central Intelligence Criminal Division is authorized to re- Agency Act of 1949, as amended, 50 U.S.C. 403h, with respect to entry of delegate any function delegated to him certain aliens into the United States under this section to the Chief of the for permanent residence. Section within the Criminal Division (b) The Assistant Attorney General which supervises the implementation in charge of the Criminal Division and of the aforementioned Compensation the Deputy Assistant Attorneys Gen- Act. eral, Criminal Division, are each au- [Order No. 1010–83, 48 FR 19023, Apr. 27, 1983] thorized to exercise the power and authority vested in the Attorney General § 0.59 Certain certifications under 18 by section 316(f) of the Immigration U.S.C. 3331 and 3503. and Nationality Act, 8 U.S.C. 1427(f), (a) The Assistant Attorney General with respect to the naturalization of in charge of the Criminal Division is certain foreign intelligence sources. authorized to exercise or perform the [Order No. 1556–92, 57 FR 1643, Jan. 15, 1992] functions or duties conferred upon the Attorney General by section 3331 of § 0.64 [Reserved] title 18, United States Code, to certify that in his judgment a special grand § 0.64–1 Central or Competent Author- jury is necessary in any judicial dis- ity under treaties and executive agreements on mutual assistance in trict of the United States because of criminal matters. criminal activity within such district. (b) The Assistant Attorney General The Assistant Attorney General, Criminal Division, in consultation with in charge of the Criminal Division and the Assistant Attorney General for Na- his Deputy Assistant Attorney Gen- tional Security in matters related to erals are each authorized to exercise or the National Security Division’s activi- perform the functions or duties con- ties, shall have the authority and per- ferred upon the Attorney General by form the functions of the ‘‘Central Au- section 3503 of title 18, United States thority’’ or ‘‘Competent Authority’’ (or Code, to certify that the legal pro- like designation) under treaties and exceeding, in which a motion to take tes- ecutive agreements between the United timony by deposition is made, is States of America and other countries against a person who is believed to on mutual assistance in criminal mat- have participated in an organized ters that designate the Attorney Gen- criminal activity, where the subject eral or the Department of Justice as matter of the case or proceeding in such authority. The Assistant Attor- which the motion is sought is within ney General, Criminal Division, is au- the cognizance of the Criminal Divi- thorized to re-delegate this authority sion pursuant to § 0.55, or is not within to the Deputy Assistant Attorneys General, Criminal Division, and to the

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Director, Deputy Directors, and Asso- arms by Tick Inspectors, promulgated ciate Directors of the Office of Inter- by the Attorney General and contained national Affairs, Criminal Division. in Attorney General’s Order No. 1059– 84. The Assistant Attorney General in [Order No. 2865–2007, 72 FR 10065, Mar. 7, 2007, as amended by AG Order 3847–2017, 82 FR charge of the Criminal Division is au- 10547, Feb. 14, 2017] thorized to redelegate all of this authority under section 2274 to his Dep- § 0.64–2 Delegation respecting transfer uty Assistant Attorneys General and of offenders to or from foreign appropriate Office Directors and Sec- countries. tion Chiefs. The Assistant Attorney General, [Order No. 1064–84, 49 FR 35934, Sept. 13, 1984] Criminal Division, in consultation with the Assistant Attorney General for Na- § 0.64–4 Delegation respecting tem- tional Security in matters related to porary transfers, in custody, of cer- the National Security Division’s activi- tain prisoner-witnesses from a for- ties, is authorized to exercise all of the eign country to the United States to power and authority vested in the At- testify in Federal or State criminal proceedings. torney General under 18 U.S.C. 4102 that has not been delegated to the Di- The Assistant Attorney General, rector of the Bureau of Prisons under Criminal Division, in consultation with 28 CFR 0.96b, including specifically the the Assistant Attorney General for Na- authority to find appropriate or inap- tional Security in matters related to propriate the transfer of offenders to or the National Security Division’s activi- from a foreign country under a treaty ties, is authorized to exercise all of the as referred to in Public Law 95–144. The power and authority vested in the At- Assistant Attorney General, Criminal torney General under 18 U.S.C. 3508 Division, is authorized to re-delegate that has not been delegated to the Di- this authority within the Criminal Di- rector of the United States Marshals vision to the Deputy Assistant Attor- Service under 28 CFR 0.111a, including neys General in the Criminal Division specifically the authority to determine and to the Director, the Deputy Direc- whether and under what circumstances tors, and the Associate Director super- temporary transfer of a prisoner-wit- vising the International Prisoner ness to the United States is appro- Transfer Unit of the Office of Inter- priate or inappropriate; to determine national Affairs. the point at which the witness should be returned to the transferring coun- [Order No. 2865–2007, 72 FR 10065, Mar. 7, 2007, try; and to enter into appropriate as amended by Order No. 4212–2018, 83 FR 32580, July 13, 2018] agreements with the transferring country regarding the terms and conditions § 0.64–3 Delegation respecting designa- of the transfer. The Assistant Attorney tion of certain Department of Agri- General, Criminal Division is author- culture employees (Tick Inspectors) ized to redelegate this authority within to carry and use firearms. the Criminal Division to the Deputy The Assistant Attorney General in Assistant Attorneys General and to the charge of the Criminal Division is au- Director and Deputy Directors of the thorized to exercise all the power and Office of International Affairs. authority vested in the Attorney Gen- [Order No. 2865–2007, 72 FR 10066, Mar. 7, 2007] eral under section 2274 of title 7, U.S. Code, concerning the designation of § 0.64–5 Policy with regard to bringing certain Department of Agriculture em- charges under the Economic Espio- ployees (Tick Inspectors) to carry and nage Act of 1996, Pub. L. 104–294, ef- use firearms. This delegation includes fective October 11, 1996. the power and authority to issue, with The United States may not file a the Department of Agriculture, joint charge under 18 U.S.C. 1831 of the Eco- rules and regulations pertaining to the nomic Espionage Act of 1996 (the carrying and use of such firearms, ‘‘EEA’’) (18 U.S.C. 1831 et seq.), or use a which would, when promulgated, super- violation under section 1831 of the EEA sede the existing regulations per- as a predicate offense under any other taining to the carrying and use of fire- law, without the personal approval of

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the Attorney General, the Deputy At- [Directive No. 73A] torney General, the Assistant Attorney REDELEGATION OF AUTHORITY RESPECTING General for National Security, or the TRANSFER OF OFFENDERS TO AND FROM FOR- Assistant Attorney General, Criminal EIGN COUNTRIES TO THE DEPUTY ASSISTANT Division (or the Acting official in each ATTORNEYS GENERAL AND THE DIRECTOR, of these positions if a position is filled DEPUTY DIRECTORS, AND ASSOCIATE DIREC- by an Acting official). Violations of TOR SUPERVISING THE INTERNATIONAL PRIS- this regulation are appropriately ONER TRANSFER UNIT OF THE OFFICE OF sanctionable and will be reported by INTERNATIONAL AFFAIRS the Attorney General to the Senate REDELEGATION OF AUTHORITY RE- and House Judiciary Committees. Re- SPECTING TRANSFER OF OFFENDERS sponsibility for reviewing proposed TO AND FROM FOREIGN COUNTRIES TO charges under section 1831 of the EEA THE DEPUTY ASSISTANT ATTORNEYS rests with the Counterespionage Sec- GENERAL AND THE DIRECTOR, DEP- tion of the National Security Division, UTY DIRECTORS, AND ASSOCIATE DI- which will consult, as necessary, with RECTOR SUPERVISING THE INTER- the Computer Crime and Intellectual NATIONAL PRISONER TRANSFER UNIT OF THE OFFICE OF INTERNATIONAL Property Section of the Criminal Divi- AFFAIRS sion. This regulation shall remain in effect until October 11, 2011. By virtue of the authority vested in me by title 28, § 0.64–2, of the Code of Federal Regu- [Order No. 2865–2007, 72 FR 10066, Mar. 7, 2007] lations, the authority delegated to me by that section to exercise all of the power and APPENDIX TO SUBPART K OF PART 0 authority vested in the Attorney General under Section 4102 of title 18, U.S. Code, CRIMINAL DIVISION which has not been delegated to the Director of the Bureau of Prisons, including specifi- [Directive 8–75] cally the authority to find the transfer of offenders to or from a foreign country under a EDITORIAL NOTE: Criminal Division Direc- treaty as referred to in Public Law 95–44 ap- tive 8–75, was superseded by Criminal Divi- propriate or inappropriate, is hereby re-dele- sion Directive 58, appearing at 44 FR 18661, gated to the Deputy Assistant Attorneys Mar. 29, 1979. General for the Criminal Division and to the [Directive 58] Director, Deputy Directors, and the AssociateDirector supervising the Inter- DELEGATION RESPECTING DENIAL OF national Prisoner Transfer Unit of the Office INFORMATION REQUESTS of International Affairs.

The Assistant Attorney General in charge [Directive No. 81B] of the Criminal Division, hereby, delegates pursuant to 28 CFR 16.5(b) (as amended REDELEGATION OF AUTHORITY TO DEPUTY AS- March 1, 1975) and 28 CFR 16.45(a), his au- SISTANT ATTORNEYS GENERAL AND DIREC- thority under those sections to deny a re- TOR AND DEPUTY DIRECTORS OF THE OFFICE quest for information under 5 U.S.C. 552(a) or OF INTERNATIONAL AFFAIRS RESPECTING 5 U.S.C. 552a to the Director and Associate TEMPORARY TRANSFERS, IN CUSTODY, OF Director of the Office of Legal Support Serv- CERTAIN PRISONER-WITNESSES FROM A FOR- ices of the Criminal Division and to the Dep- EIGN COUNTRY TO THE UNITED STATES . uty Assistant Attorney General of the Crimi- By virtue of the authority vested in me by nal Division who supervises that Office. The 28 CFR 0.64–4, the authority delegated to me Director, Associate Director, or Deputy As- by that section to exercise all of the power sistant Attorney General making the denial and authority vested in the Attorney Gen- shall be the ‘‘person responsible for the de- eral under section 3508 of title 18, United nial,’’ within the meaning of 5 U.S.C. 552(a). 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 Gen- eral, and to the Director and each of the Deputy Directors of the Office International Affairs, Criminal Division.

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[Directive No. 81C] (2) Other lands and interests in real property owned, leased, or otherwise RE-DELEGATION OF AUTHORITY TO DEPUTY AS- claimed or controlled, or allegedly im- SISTANT ATTORNEYS GENERAL, CRIMINAL DI- VISION, AND DIRECTOR AND DEPUTY DIREC- paired or taken, by the United States, TORS OF THE OFFICE OF INTERNATIONAL AF- its agencies, officers, or contractors, FAIRS TO ACT UNDER TREATIES AND EXECU- including the acquisition of such lands TIVE AGREEMENTS ON MUTUAL ASSISTANCE by condemnation proceedings or other- IN CRIMINAL MATTERS; AND RE-DELEGATION wise, OF AUTHORITY TO MAKE REQUESTS UNDER (3) The water and air resources con- TREATIES AND EXECUTIVE AGREEMENTS ON trolled or used by the United States, MUTUAL ASSISTANCE IN CRIMINAL MATTERS its agencies, officers, or contractors, TO THE ASSOCIATE DIRECTORS OF THE OFFICE OF INTERNATIONAL AFFAIRS without regard to whether the same are in or related to the lands enumer- By virtue of the authority vested in me by ated in paragraphs (a) (1) and (2) of this § 0.64–1 of Title 28 of the Code of Federal Reg- ulations, the Authority delegated to me by section, and that section to exercise all of the power and (4) The other natural resources in or authority vested in the Attorney General related to such lands, water, and air, under treaties and executive agreements on except that the following matters mutual assistance in criminal matters is which would otherwise be included in hereby re-delegated to each of the Deputy such assignment are excluded there- Assistant Attorneys General, Criminal Divi- from: sion, and to the Director and Deputy Direc- tors of the Office of International Affairs, (i) Suits and matters relating to the Criminal Division. In addition, I hereby reuse or obstruction of navigable waters delegate the authority to make requests or the navigable capacity of such under treaties and executive agreements on waters by ships or shipping thereon, mutual assistance in criminal matters to the the same being specifically assigned to Associate Directors of the Office of Inter- the Civil Division; national Affairs, Criminal Division. (ii) Suits and matters involving tort [44 FR 18661, Mar. 29, 1979, as amended at 45 claims against the United States under FR 6541, Jan. 29, 1980; 48 FR 54595, Dec. 6, the Federal Tort Claims Act and spe- 1983; 59 FR 42161, Aug. 17, 1994; 59 FR 46550, cial acts of Congress, the same being Sept. 9, 1994; 83 FR 23360, May 21, 2018; 83 FR specifically assigned to the Civil Divi- 42775, Aug. 24, 2018] sion; (iii) Suits and matters involving the Subpart L—Environment and foreclosure of mortgages and other Natural Resources Division liens held by the United States, the same being specifically assigned to the SOURCE: Order No. 423–69, 34 FR 20388, Dec. Civil and Tax Divisions according to 31, 1969, unless otherwise noted. Redesig- the nature of the lien involved; nated by Order No. 2865–2007, 72 FR 10066, (iv) Suits arising under 28 U.S.C. 2410 Mar. 7, 2007. to quiet title or to foreclose a mortgage or other lien, the same being spe- § 0.65 General functions. cifically assigned to the Civil and Tax The following functions are assigned Divisions according to the nature of to and shall be conducted, handled, or the lien held by the United States, and supervised by the Assistant Attorney all other actions arising under 28 General in charge of the Environment U.S.C. 2410 involving federal tax liens and Natural Resources Division: held by the United States, which are (a) Civil suits and matters in Federal specifically assigned to the Tax Divi- and State courts (and administrative sion; tribunals), by or against the United (v) Matters involving the immunity States, its agencies, officers, or con- of the Federal Government from State tractors, or in which the United States and local taxation specifically dele- has an interest, whether for specific or gated to the Tax Division by § 0.71. monetary relief, and also nonlitigation (b) Representation of the interests of matters, relating to: the United States in all civil litigation (1) The public domain lands and the in Federal and State courts, and before outer continental shelf of the United the Indian Claims Commission, per- States. taining to Indians, Indian tribes, and

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Indian affairs, and matters relating to Black Bass Act (16 U.S.C. 851–856); the restricted Indian property, real or per- Airborne Hunting Act (16 U.S.C. 742j–1); sonal, and the treaty rights of re- the Migratory Bird Act (16 U.S.C. 701, stricted Indians (except matters in- et seq.); the Wild Horses and Wild Bur- volving the constitutional and civil ros Act (16 U.S.C. 1331–1340); the Bald rights of Indians assigned to the Civil and Golden Eagle Protection Act (16 Rights Division by subpart J of this U.S.C. 668–668d); and the Fish and Wild- part). life Coordination Act (16 U.S.C. 661 et (c) Rendering opinions as to the va- seq.). lidity of title to all lands acquired by the United States, except as otherwise [Order No. 423–69, 34 FR 20388, Dec. 31, 1969, as specified by statute. amended by Order No. 540–73, 38 FR 26910, Sept. 27, 1973; Order No. 699–77, 42 FR 15315, (d) Civil and criminal suits and mat- Mar. 21, 1977; Order No. 764–78, 43 FR 3115, ters involving air, water, noise, and Jan. 23, 1978; Order No. 809–78, 43 FR 55394, other types of pollution, the regulation Nov. 28, 1978; Order No. 960–81, 46 FR 52346, of solid wastes, toxic substances, pes- Oct. 27, 1981; Order No. 1083–85, 50 FR 8607, ticides under the Federal Insecticide, Mar. 4, 1985] Fungicide, and Rodenticide Act, and the control of the environmental im- § 0.65a Litigation involving Environ- pacts of surface coal mining. mental Protection Agency. (e) Civil and criminal suits and mat- With respect to any matter assigned ters involving obstructions to naviga- to the Environment and Natural Re- tion, and dredging or filling (33 U.S.C. sources Division in which the Environ- 403). mental Protection Agency is a party, (f) Civil and criminal suits and mat- the Assistant Attorney General in ters arising under the Atomic Energy charge of the Environment and Natural Act of 1954 (42 U.S.C. 2011, et seq.) inso- Resources Division, and such members far as it relates to the prosecution of of his staff as he may specifically des- violations committed by a company in ignate in writing, are authorized to ex- matters involving the licensing and op- ercise the functions and responsibil- erations of nuclear power plants. ities undertaken by the Attorney Gen- (g) Civil and criminal suits and mat- eral in the Memorandum of Under- ters relating to the natural and bio- standing between the Department of logical resources of the coastal and Justice and the Environmental Protec- marine environments, the outer conti- tion Agency (42 FR 48942), except that nental shelf, the fishery conservation subpart Y of this part shall continue to zone and, where permitted by law, the govern as authority to compromise and high seas. close civil claims in such matters. (h) Performance of the Department’s functions under § 706.5 of the regula- [Order No. 764–78, 43 FR 3115, Jan. 23, 1978] tions for the prevention of conflict of interests promulgated by the Secretary § 0.66 Delegation respecting title opinions. of the Interior under the authority of the Surface Mining Control and Rec- (a) The Assistant Attorney General lamation Act of 1977, section 201(f), 91 in charge of the Environment and Nat- Stat. 450, and contained in 30 CFR part ural Resources Division or such mem- 706. bers of his staff as he may specifically (i) Conducting the studies of proc- designate in writing, are authorized to essing sites required by section 115(b) sign the name of the Attorney General of the Uranium Mill Tailings Radiation to opinions on the validity of titles to Control Act of 1978, publishing the re- property acquired by or on behalf of sults of the studies and furnishing the the United States, except those which, results thereof to the Congress. in the opinion of the Assistant Attor- (j) Criminal suits and civil penalty ney General involve questions of policy and forfeiture actions relating to wild- or for any other reason require the per- life law enforcement under the Endan- sonal attention of the Attorney Gen- gered Species Act of 1973 (16 U.S.C. eral. 1531–1543); the Lacey Act and related (b) Pursuant to the provisions of sec- provisions (18 U.S.C. 41–44, 47); the tion 1 of Public Law 91–393, approved

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September 1, 1970, 84 Stat. 835, the As- the leasing of minerals on lands under sistant Attorney General in charge of the jurisdiction of the Department of the Environment and Natural Re- Justice. sources Division is authorized: [Order No. 542–73, 38 FR 28289, Oct. 12, 1973] (1) To exercise the Attorney Gen- eral’s power of delegating to other de- § 0.69 Delegation of authority to make partments and agencies his (the Attor- determinations and grants. ney General’s) responsibility for ap- The Assistant Attorney General in proving the title to lands acquired by charge of the Environment and Natural them, Resources Division, or such members of (2) With respect to delegations so his staff as he may specifically des- made to other departments and agen- ignate in writing, are authorized to ex- cies, to exercise the Attorney General’s ercise the power and authority vested function of general supervision regard- in the Attorney General by Public Law ing the carrying out by such depart- 87–852, approved October 23, 1962 (40 ments and agencies of the responsi- U.S.C. 319), with respect to making the bility so entrusted to them, and determinations and grants necessary in (3) To promulgate regulations and carrying out the purposes of that Act, any appropriate amendments thereto except those acts and instruments governing the approval of land titles by which in the opinion of the Assistant such departments and agencies. Attorney General involve questions of [Order No. 440–70, 35 FR 16084, Oct. 14, 1970] policy or for any other reason require the personal attention of the Attorney § 0.67 Delegation respecting convey- General. ances for public-airport purposes. [Order No. 736–77, 42 FR 38177, July 27, 1977] The Assistant Attorney General in charge of the Environment and Natural § 0.69a Delegation respecting approval Resources Division, and such members of conveyances. of his staff as he may specifically des- The Assistant Attorney General in ignate in writing, are authorized to ex- charge of the Environment and Natural ercise the power and authority vested Resources Division, and such members in the Attorney General by section of his staff as he may specifically des- 23(b) of the Airport and Airway Devel- ignate in writing, are authorized to ex- opment Act of 1970 (84 Stat. 219; 49 ercise the power and authority vested U.S.C. 1723) with respect to approving in the Attorney General by the Act of the performance of acts and execution June 4, 1934, 48 Stat. 836, with respect of instruments necessary to make the to approving the making or acceptance conveyances requested in carrying out of conveyances by the Secretary of the the purposes of that section, except Interior on behalf of the United States. those acts and instruments which, in the opinion of the Assistant Attorney [Order No. 947–81, 46 FR 29931, June 4, 1981] General, involve questions of policy or § 0.69b Delegation of authority re- for any other reason require the per- specting conveyances for public air- sonal attention of the Attorney Gen- ports. eral. The Assistant Attorney General in [Order No. 468–71, 36 FR 20428, Oct. 22, 1971] charge of the Environment and Natural Resources Division, and such members § 0.68 Delegation respecting mineral of his staff as he may specifically des- leasing. ignate in writing, are authorized to ex- The Assistant Attorney General in ercise the power and authority vested charge of the Environment and Natural in the Attorney General of section Resources Division, and such members 516(b) of The Airport and Airway Im- of his staff as he may specifically des- provement Act of 1982 (96 Stat. 671, 692) ignate in writing, are authorized to with respect to approving the perform- execute the power and authority of the ance of acts and execution of instru- Attorney General under the provisions ments necessary to make the convey- of section 3 of the act of August 7, 1947, ance requested in carrying out the pur- 61 Stat. 914, 30 U.S.C. 352, respecting poses of that section, except those acts

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and instruments which in the opinion bling, and firearms assigned to the of the Assistant Attorney General, in- Criminal Division by § 0.55(d)). volve questions of policy or for any (b) Criminal proceedings arising other reason require the personal at- under the internal revenue laws, except tention of the Attorney General. the following: Proceedings pertaining [Order No. 1069–84, 49 FR 39843, Oct. 11, 1984] to misconduct of Internal Revenue Service personnel, to taxes on liquor, § 0.69c Litigation involving the Re- narcotics, firearms, coin-operated gam- source Conservation and Recovery bling and amusement machines, and to Act. wagering, forcible rescue of seized (a) The authority to receive com- property (26 U.S.C. 7212(b)), corrupt or plaints served upon the Attorney Gen- forcible interference with an officer or eral pursuant to section 401 of the Haz- employee acting under the Internal ardous Waste Amendments of 1984 Revenue laws (26 U.S.C. 7212(a)), unau- (Pub. L. 616, 98th Cong.; 42 U.S.C. thorized disclosure of information (26 6872(b)(2)(F)) is hereby delegated to the U.S.C. 7213), and counterfeiting, muti- Assistant Attorney General, Environ- lation, removal, or reuse of stamps (26 ment and Natural Resources Division. U.S.C. 7208). Every plaintiff required to serve upon (c)(1) Enforcement of tax liens, and the Attorney General a copy of their mandamus, injunctions, and other spe- complaint, should do so by sending a cial actions or general matters arising copy of the complaint, together with in connection with internal revenue all attachments thereto required by matters. the Federal Rules of Civil Procedure (2) Defense of actions arising under and the Local Rules for the Federal section 2410 of title 28 of the U.S. Code District Court in which the complaint whenever the United States is named if filed, via first class mail, to the As- as a party to an action as the result of sistant Attorney General, Environment the existence of a Federal tax lien, in- and Natural Resources Division, U.S. cluding the defense of other actions Department of Justice, NW., Wash- arising under section 2410, if any, in- ington, DC 20530. volving the same property whenever a (b) Services pursuant to section 401 tax-lien action is pending under that shall be deemed effective upon the date section. the complaint is received by the Assist- (d) Appellate proceedings in connec- ant Attorney General. tion with civil and criminal cases enu- [Order No. 1099–85, 50 FR 26198, June 25, 1985] merated in paragraphs (a) through (c) of this section and in § 0.71, including Subpart M—Tax Division petitions to review decisions of the Tax Court of the United States.

SOURCE: Order No. 423–69, 34 FR 20388, Dec. [Order No. 423–69, 34 FR 20388, Dec. 31, 1969, as 31, 1969, unless otherwise noted. Redesig- amended by Order No. 445–70, 35 FR 19397, nated by Order No. 2865–2007, 72 FR 10066, Dec. 23, 1970; Order No. 699–77, 42 FR 15315, Mar. 7, 2007. Mar. 21, 1977; Order No. 960–81, 46 FR 52346, Oct. 27, 1981] § 0.70 General functions. The following functions are assigned § 0.71 Delegation respecting immunity to and shall be conducted, handled, or matters. supervised by, the Assistant Attorney The Assistant Attorney General in General, Tax Division: charge of the Tax Division is author- (a) Prosecution and defense in all ized to handle matters involving the courts, other than the Tax Court, of immunity of the Federal Government civil suits, and the handling of other from State or local taxation (except matters, arising under the internal rev- actions to set aside ad valorem taxes, enue laws, and litigation resulting assessments, special assessments, and from the taxing provisions of other tax sales of Federal real property, and Federal statutes (except civil forfeiture matters involving payments in lieu of and civil penalty matters arising under taxes), as well as State or local tax- laws relating to liquor, narcotics, gam- ation involving contractors performing

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contracts for or on behalf of the United viduals and organizations involved in States. terrorist acts at home or against U.S. persons or interests abroad, or that as- Subpart N—National Security sist in the financing of or providing Division support to those acts; (9) Except in the case of emergencies where there is an immediate threat to SOURCE: Order No. 2865–2007, 72 FR 10066, Mar. 7, 2007, unless otherwise noted. life or property, review for concurrence the Department’s use of criminal pro- § 0.72 National Security Division. ceedings in connection with all matters The following functions are assigned relating to intelligence, counterintel- to and shall be conducted, handled, or ligence, or counterterrorism. Such supervised by the Assistant Attorney criminal proceedings include, but are General for National Security: not limited to, grand jury proceedings, (a) General functions. (1) Advise the the filing of search and arrest warrants Attorney General, the Office of Man- or applications for electronic surveil- agement and Budget, and the White lance pursuant to 18 U.S.C. 2510 et seq. House, and brief Congress, as appro- and 18 U.S.C. 2701 et seq., the filing of priate, on matters relating to the na- complaints, the return of indictments, tional security activities of the United criminal forfeiture proceedings, and States, and ensure that all of the De- appeals; partment’s national security activities (10) Evaluate Departmental activities are effectively coordinated; and existing and proposed domestic and (2) Develop, enforce, and supervise foreign intelligence, counterintel- the application of all federal criminal ligence, or national security activities laws related to the national counter- to determine their consistency with terrorism and counterespionage en- United States national security poli- forcement programs, except those species and law; cifically assigned to other Divisions; (11) Formulate policy alternatives (3) Represent the Department on and recommend action by the Depart- interdepartmental boards, committees, ment and other executive agencies in and other groups dealing with national achieving lawful United States intel- security, intelligence, or counterintelligence, counterintelligence, or na- ligence matters; tional security objectives; (4) Oversee the development, coordi- (12) Analyze and interpret current nation, and implementation of Depart- statutes, executive orders, guidelines, ment policy, in conjunction with other and other directives pertaining to in- components of the Department as ap- telligence, counterintelligence, or na- propriate, with regard to intelligence, tional security matters; counterintelligence, or national secu- (13) Formulate legislative initiatives, rity matters; policies, and guidelines relating to in- (5) Provide legal assistance and ad- telligence, counterintelligence, or na- vice, in coordination with the Office of tional security matters; Legal Counsel as appropriate, to Gov- (14) Review and comment upon pro- ernment agencies on matters of na- posed statutes, guidelines, and other tional security law and policy; directives with regard to national secu- (6) Administer the Foreign Intel- rity matters, and, in conjunction with ligence Surveillance Act; the Office of Legal Counsel, review and (7) Prosecute Federal crimes involv- comment upon the form and legality of ing national security, foreign relations, proposed executive orders that touch and terrorism, and coordinate the De- upon matters related to the function of partment’s activities and advice on all this Division; issues with respect to the Foreign In- (15) Provide training for Depart- telligence Surveillance Act of 1978, as mental components on legal topics re- amended, and the Classified Informa- lated to intelligence, counterintel- tion Procedures Act arising in connec- ligence, or national security matters; tion with any such prosecutions; (16) Advise, assist, coordinate with, (8) Prosecute and coordinate prosecu- and train those in the law enforcement tions and investigations targeting indi- community, including federal, state,

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and local prosecutors, investigative (5) Recommend action by the Depart- agencies, and foreign criminal justice ment of Justice with regard to applica- entities (provided that any training of tions under the Foreign Intelligence foreign criminal justice entities should Surveillance Act of 1978, as amended, be conducted in coordination with the as well as with regard to other inves- Criminal Division); tigative activities by executive branch (17) Provide oversight of intelligence, agencies; and counterintelligence, or national secu- (6) To the extent deemed appropriate rity matters by executive branch agen- by the Assistant Attorney General for cies to ensure conformity with applica- National Security, prepare periodic and ble law, executive branch regulations, special intelligence reports describing and Departmental objectives and re- and evaluating domestic and foreign port to the Attorney General on such intelligence and counterintelligence activities; activities and assessing trends or (18) Supervise the preparation of the changes in these activities. National Security Division’s submis- (c) Functions related to counterter- sion for the annual budget; rorism. (1) Participate in the systematic (19) Serve as primary liaison to the collection and analysis of data and in- Director of National Intelligence for formation relating to the investigation the Department of Justice; and prosecution of terrorism cases; (20) Represent the Department on the (2) Coordinate with Government de- Committee on Foreign Investments in partments and agencies to facilitate the United States; and prevention of terrorist activity (21) Perform other duties pertaining through daily detection and analysis to intelligence, counterintelligence, and to provide information and support counterterrorism, or national security to the Offices of the United States At- matters as may be assigned by the At- torneys; torney General or the Deputy Attorney (3) Prosecute matters involving General. counterterrorism; (b) Functions related to intelligence pol- (4) Prosecute terrorist financing mat- icy and operations. (1) Advise and assist ters, including material support cases, the Attorney General in carrying out through the Division’s counterter- his responsibilities under Executive rorism programs; Order 12333, ‘‘United States Intel- (5) Formulate legislative initiatives, ligence Activities,’’ and other statutes, policies, and guidelines relating to ter- executive orders, and authorities re- rorism; lated to intelligence, counterintel- (6) Prosecute matters involving tor- ligence, or national security matters; ture, genocide, and war crimes to the (2) Supervise the preparation of cer- extent such matters involve the activi- tifications and applications for orders ties of the National Security Division; under the Foreign Intelligence Surveil- (7) Assist in the foreign terrorist or- lance Act of 1978, as amended, and the ganization designation process with representation of the United States be- the Department of State, the Depart- fore the United States Foreign Intel- ment of the Treasury, and the compo- ligence Surveillance Court and the nents of the Department of Justice; United States Foreign Intelligence and Court of Review; (8) Provide legal advice to attorneys (3) Participate in the development, for the Government concerning federal implementation, and review of United national security statutes, including States intelligence, counterintel- but not limited to: aircraft piracy and ligence, and national security policies, related offenses (49 U.S.C. 46501–07); air- including procedures for the conduct of craft sabotage (18 U.S.C. 32); crimes intelligence, counterintelligence, or against internationally protected per- national security activities; sons (18 U.S.C. 112, 878, 1116, 1201(a)(4)); (4) Supervise sensitive areas of law sea piracy (18 U.S.C. 1651); hostage tak- enforcement related to the activities of ing (18 U.S.C. 1203); terrorist acts the National Security Division, except abroad, including murder, against for tasks assigned to other Divisions; United States nationals (18 U.S.C. and 2332); acts of terrorism transcending

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national boundaries (18 U.S.C. 2332b); the interpretation of Executive Order conspiracy within the United States to 10501 of November 5, 1953, as amended, murder, kidnap, or maim persons or to and of regulations issued thereunder in damage property overseas (18 U.S.C. accordance with section 11 of that 956); providing material support to ter- order; and the interpretation of Execu- rorists and terrorist organizations (18 tive Order 10865 of February 20, 1960; U.S.C. 2339A, 2339B, 2339C); and using (6) Conduct of libels and civil penalty biological, nuclear, chemical or other actions (including petitions for remis- weapons of mass destruction (18 U.S.C. sion or mitigation of civil penalties 175, 831, 2332c, 2332a). and forfeitures, offers in compromise (d) Functions related to internal secu- and related proceedings) arising out of rity. (1) Enforcement of all criminal violations of the Trading with the laws relating to subversive activities Enemy Act, the neutrality statutes, and kindred offenses directed against and the Arms Export Control Act; the internal security of the United (7) Enforcement and administration States, including the laws relating to of the provisions of 2 U.S.C. 441e, relat- treason, sabotage, espionage, and sedi- ing to contributions by foreign nation- tion; enforcement of the Foreign As- als; sets Control Regulations issued under (8) Enforcement and administration the Trading With the Enemy Act (31 of the provisions of 18 U.S.C. 219, relat- CFR 500.101 et seq.); criminal prosecu- ing to officers and employees of the tions under the Atomic Energy Act of United States acting as agents of for- 1954, the Smith Act, the neutrality eign principals; and laws, the Arms Export Control Act, the (9) Enforcement and administration Federal Aviation Act of 1958 (49 U.S.C. of criminal matters arising under the 1523) relating to offenses involving the Military Selective Service Act of 1967. security control of air traffic, and 18 (e) Relationship to other offices. Noth- U.S.C. 799 and criminal prosecutions ing in this subpart shall be construed for offenses, such as perjury and false as affecting the functions or overriding statements, arising out of offenses re- the authority of the Office of Legal lating to national security; Counsel as established by 28 CFR 0.25. (2) Administration and enforcement of the Foreign Agents Registration Act of 1938, as amended; the Act of August Subpart O—Justice Management 1, 1956, 70 Stat. 899 (50 U.S.C. 851–857), Division including the determination in writing that the registration of any person § 0.75 Policy functions. coming within the purview of that Act The Assistant Attorney General for would not be in the interest of national Administration shall head the Justice security; and the Voorhis Act (18 U.S.C. Management Division and shall provide 2386); advice relating to basic Department (3) Administration and enforcement policy for budget and financial man- of the Internal Security Act of 1950, as agement, program evaluation, audit- amended; ing, personnel management and train- (4) Conduct of civil proceedings seeking, procurement, information proc- ing exclusively equitable relief against essing and telecommunications, secu- laws, investigations or administrative rity and for all matters pertaining to actions designed to protect the na- organization, management, and admin- tional security (including without lim- istration. The following matters are as- itation personnel security programs signed to, and shall be conducted, han- and the foreign assets control pro- dled, or supervised by, the Assistant gram); Attorney General for Administration: (5) Interpretation of Executive Order (a) Conduct, direct, review, and 10450 of April 27, 1953, as amended, and evaluate management studies and sur- advising other departments and agen- veys of the Department’s organiza- cies in connection with the administra- tional structure, functions, and pro- tion of the federal employees security grams, operating procedures and sup- program, including the designation of porting systems, and management organizations as required by the order; practices throughout the Department;

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and make recommendations to reduce accepted accounting principles; econ- costs and increase productivity. omy and efficiency in operation; and (b) Supervise, direct, and review the that desired results are being achieved. preparation, justification and execu- (i) Develop and direct a Department- tion of the Department of Justice wide directives management program budget, including the coordination and and administer the directives manage- control of the programming and re- ment system. programming of funds. (j) Plan, direct, administer, and mon- (c) Review, analyze, and coordinate itor compliance with Department-wide the Department’s programs and activi- policies, procedures, and regulations ties to ensure that the Department’s concerning records, reports, procure- use of resources and estimates of fu- ment, printing, graphics, audiovisual ture requirements are consistent with activities (including the approval or the policies, plans, and mission prior- disapproval of production and equip- ities of the Attorney General. (d) Plan, direct, and coordinate De- ment requests), forms management, partment-wide personnel management supply management, motor vehicles, programs, and develop and issue De- real and personal property, space as- partment-wide policy in all personnel signment and utilization, and all other program areas, including training, po- administrative services functions. sition classification and pay adminis- (k) Formulate Department policies, tration, staffing, employee perform- standards, and procedures for informa- ance evaluation, employee develop- tion systems and the management and ment, employee relations and services, use of automatic data processing equip- employee recognition and incentives, ment; review the use and performance equal employment opportunity pro- of information systems with respect to grams, including the equal opportunity Department objectives, plans, policies, recruitment program (5 U.S.C. 7201), and procedures; provide technical lead- personnel program evaluation, labor ership and support to new Department- management relations, adverse action wide information systems; review and hearings and appeals, employee griev- approve all contracts for information ances, and employee health programs. processing let by the Department, and (e) Develop and direct Department- provide the final review and approval wide financial management policies, of systems and procedures and stand- programs, procedures, and systems in- ards for use of data elements and codes. cluding financial accounting, planning, (l) Formulate policies, standards, and analysis, and reporting. procedures for Department tele- (f) Supervise and direct the operation communications systems and equip- of the Department’s central payroll ment and review their implementation. system, automated information serv- (m) Provide computer and digital ices, publication services, library serv- telecommunications services on an eq- ices and any other Department-wide uitable resource-sharing basis to all or- central services which are established ganizational units within the Depart- by or assigned to the Justice Manage- ment. ment Division. (g) Formulate and administer the (n) Formulate Department policies General Administration Appropriation for the use of consultants and non-per- of the Department’s budget. sonal service contracts, review, and ap- (h) Formulate Department-wide prove all nonpersonal service con- audit policies, standards and proce- tracts, and review the implementation dures; develop, direct and supervise of Department policies. independent and comprehensive inter- (o) Serve as liaison with state and nal audits, including examinations au- local governments on management af- thorized by 28 U.S.C. 526, of all organi- fairs, and coordinate the Department’s zations, programs, and functions of the participation in Federal regional inter- Department, and audits of expenditures agency bodies. made under the Department’s con- (p) Direct all Department security tracts and grants to ensure compliance programs including personnel, phys- with laws, regulations and generally ical, document, information processing

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and telecommunications, special intel- (e) Authorizing payment of actual ex- ligence, and employee health and safe- pense of subsistence (5 U.S.C. 5702(c)). ty programs and formulate and imple- (f) Prescribing regulations providing ment Department defense mobilization for premium pay pursuant to 5 U.S.C. and contingency planning. 5541–5550a. (q) Review legislation for potential (g) Settling and authorizing payment impact on the Department’s resources. of employee claims under the Military (r) Develop and implement a legal in- and Civilian Employees’ Claims Act of formation coordination system for the 1964, as amended (31 U.S.C. 240–243). use of the Department of Justice and, (h) Submitting requests to the Comp- as appropriate, the Federal Govern- troller General for decisions (31 U.S.C. ment as a whole. 74, 82d) and deciding questions involving the payment of $25 or less (Comp. [Order No. 543–73, 38 FR 29585, Oct. 26, 1973, as Gen. B–161457, July 14, 1976). amended by Order No. 565–74, 39 FR 15875, (i) Making determinations with re- May 6, 1974; Order No. 699–77, 42 FR 15315, spect to employment and wages under Mar. 21, 1977; Order No. 722–77, 42 FR 25499, section 3122 of the Federal Insurance May 18, 1977; Order No. 960–81, 46 FR 52346, Oct. 27, 1981] Contributions Act (26 U.S.C. 3122). (j) Excluding the Office of Justice As- § 0.76 Specific functions. sistance, Research and Statistics, supervising and directing the Depart- The functions delegated to the As- ment’s procurement and contracting sistant Attorney General for Adminis- functions and assuring that equal em- tration by this subpart O shall also in- ployment opportunity is practiced by clude the following specific policy the Department’s contractors and sub- functions: contractors and in federally assisted (a) Directing the Department’s finan- programs under the Department’s con- cial management operations, including trol. control of the accounting for appro- (k) Designating Contracts Compli- priations and expenditures, employ- ance Officers pursuant to Executive ment limitations, voucher examination Order 11246, as amended. and audit, overtime pay, establishing (l) Making the certificate required per diem rates, promulgation of poli- with respect to the necessity for in- cies for travel, transportation, and re- cluding illustrations in printing (44 location expenses, and issuance of nec- U.S.C. 1104). essary regulations pertaining thereto. (m) Making the certificates with re- (b) Submission of requests to the Of- spect to the necessity of long distance fice of Management and Budget for ap- telephone calls (31 U.S.C. 680a). portionment or reapportionment of ap- (n) Making certificates of need for propriations, including the determina- space (68 Stat. 518, 519). tion, whenever required, that such ap- (o) Exercising, except for the author- portionment or reapportionment indi- ity conferred in §§ 0.15(b)(1), 0.19(a)(1), cates the necessity for the submission 0.137, and 0.138 of this part, the power of a request for a deficiency or supple- and authority vested in the Attorney mental estimate, and to make allot- General to take final action on matters ments to organizational units of the pertaining to the employment, separa- Department of funds made available to tion, and general administration of the Department within the limits of personnel in General Schedule grade such apportionments or reapportion- GS–1 through GS–15, and in wage board ments (31 U.S.C. 665). positions; classify positions in the De- (c) Approving per diem allowances partment under the General Schedule for travel by airplane, train or boat and wage board systems regardless of outside the continental United States grade; postaudit and correct any per- in accordance with paragraph 1–7.2 of sonnel action within the Department; the Federal Travel Regulations (FPMR and inspect at any time any personnel 101–7). operations of the various organiza- (d) Exercising the claims settlement tional units of the Department. authority under the Federal Claims (p) Selecting and assigning employ- Collection Act of 1966 (31 U.S.C. 952). ees for training by, in, or through non-

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Government facilities, paying the ex- ferred. These services shall include the penses of such training or reimbursing following: employees therefor, and preparing and (a) Planning, directing and coordi- submitting the required annual report nating the personnel management pro- to the Office of Personnel Management gram; providing personnel services in- (5 U.S.C. 4103–4118). cluding employment and staffing, em- (q) Exercising authority for the tem- ployee relations, and classification, porary employment of experts or con- and including the employment, separa- sultants of organizations thereof, in- tion and general administration of em- cluding stenographic reporting services ployees, except attorneys, in General (5 U.S.C. 3109(b)). Schedule grades GS–15 and below, or (r) Providing assistance in furnishing equivalent pay levels. information to the public under the (b) Formulating policies and plans Public Information Section of the Ad- for efficient administrative manage- ministrative Procedure Act (5 U.S.C. ment and organization and developing 552). and coordinating all management stud- (s) Representing the Department in ies and reports on the operations of the its contacts on matters relating to ad- Offices, Divisions and Boards. ministration and management with the (c) Planning, justifying, and com- Congressional Appropriations Commit- piling the annual and supplemental tees, Office of Management and Budg- budget estimates of the Offices, Divi- et, the General Accounting Office, the sions and Boards. Office of Personnel Management, the (d) Planning, directing and executing General Services Administration, the accounting operations for the Offices, Joint Committee on Printing, the Gov- Divisions and Boards. ernment Printing Office and all other (e) Providing information systems Federal departments and agencies. analysis, design, computer program- (t) Taking final action, including ming, and systems implementation making all required determinations services consistent with Departmental and findings, in connection with the information systems plans, policies and acquisition of real property for use by procedures. the Department of Justice. (f) Implementing and administering (u) Perform functions with respect to management programs for the cre- the operation, maintenance, repair, ation, organization, maintenance, use, preservation, alteration, furnishing, and disposition of Federal records, and equipment and custody of buildings oc- providing mail and messenger service. cupied by the Department of Justice as (g) Implementing and administering delegated by the Administrator of the programs for procurement, personal General Services Administration. property, supply, motor vehicle, space (v) Implementing Office of Manage- management, and operations and man- ment and Budget Circular No. A–76, agement of buildings as delegated by ‘‘Performance of Commercial Activi- the Administrator of the General Serv- ties’’. ices Administration. (h) Operating and maintaining the [Order No. 543–73, 38 FR 29585, Oct. 26, 1973] Department Library. EDITORIAL NOTE: For FEDERAL REGISTER ci- (i) Routing and controlling cor- tations affecting § 0.76, see the List of CFR respondence, maintaining indices of Sections Affected, which appears in the legal cases and matters, replying to Finding Aids section of the printed volume correspondence not assignable to a di- and at www.govinfo.gov. vision, safeguarding confidential information, attesting to the correctness of § 0.77 Operational functions. records, and related matters. The Assistant Attorney General for (j) Accepting service of summonses, Administration shall provide all direct complaints, or other papers, including, administrative support services to the without limitation, subpoenas, directed Offices, Boards and Divisions of the De- to the Attorney General in his official partment and to the U.S. Marshals capacity, as a representative of the At- Service, except where independent ad- torney General, under the Federal ministrative authority has been con- Rules of Civil and Criminal Procedure

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or in any suit within the purview of plicable to officers and employees of subsection (a) of section 208 of the De- the Department of Justice. His duties partment of Justice Appropriation Act, shall include the following: 1953 (66 Stat. 560 (43 U.S.C. 666(a))). (a) Providing necessary report forms (k) Making the certificates required and other information to officers and in connection with the payment of ex- employees of the Department; penses of collecting evidence: Provided, (b) Developing and maintaining a list That each such certificate shall be ap- of positions covered by the public and proved by the Attorney General. confidential financial reporting re- (l) Taking final action, including quirements; making all required determinations (c) Monitoring compliance by depart- and findings, in connection with nego- ment officers and employees with ap- tiated purchases and contracts as pro- plicable requirements for filing and re- vided in 41 U.S.C. 252(c) (1) through (11), view of financial disclosure reports; (14), (15) except that the authority pro- (d) Providing for retention of reports vided in 41 U.S.C. 252(c)(11) shall be and transmittal, where necessary, of limited not to exceed an expenditure of copies of reports to the Director of the $25,000 per contract and shall not be Office of Government Ethics; further delegated. (e) Establishing procedures for public (m) Serving as Contracting Officer access to reports filed under title II of for the Offices, Boards and Divisions, the Ethics in Government Act of 1978; with authority of redelegation to the (f) Performing such other functions Deputy Assistant Attorney General, as may be necessary for the effective Office of Personnel and Administra- implementation of title II of the Ethics tion, Justice Management Division. in Government Act. The authority so delegated includes the authority of redelegation to subor- [Order No. 832–79, 44 FR 29891, May 23, 1979, as amended by Order No. 960–81, 46 FR 52347, dinates and to officials within the Of- Oct. 27, 1981] fices, Boards and Divisions. (n) Authorizing payment of extraor- § 0.79 Redelegation of authority. dinary expenses incurred by ministe- The Assistant Attorney General for rial officers of the United States in Administration is authorized to redele- executing acts of Congress (28 U.S.C. gate to any Department official any of 1929). (o) Representing the Attorney Gen- the power or authority vested in him eral with the Secretary of State in ar- by this subpart O. Existing redelega- ranging for reimbursement by foreign tions by the Assistant Attorney Gen- governments of expenses incurred in eral for Administration shall continue extradition cases, and certifying to the in force and effect until modified or re- Secretary the amounts to be paid to voked. the United States as reimbursement (18 [Order No. 543–73, 38 FR 29585, Oct. 26, 1973. U.S.C. 3195). Redesignated by Order No. 565–74, 39 FR 15876, May 6, 1974, and further redesignated [Order No. 565–74, 39 FR 15876, May 6, 1974, as by Order No. 832–79, 44 FR 29891, May 23, 1979] 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, Subpart P—Federal Bureau of Oct. 27, 1981; Order No. 996–83, 48 FR 7171, Investigation Feb. 18, 1983; Order No. 1001–83, 48 FR 9524, Mar. 7, 1983; Order No. 1977–95, 60 FR 36711, July 18, 1995] CROSS REFERENCE: For regulations pertaining to the Federal Bureau of Investiga- § 0.78 Implementation of financial dis- tion, see part 3 of this chapter. closure requirements. The Assistant Attorney General for § 0.85 General functions. Administration shall serve as the des- The Director of the Federal Bureau ignated agency ethics official under of Investigation shall: title II of the Ethics in Government (a) Investigate violations of the laws, Act of 1978, 92 Stat. 1836, for purposes of including the criminal drug laws, of administering the public and confiden- the United States and collect evidence tial financial disclosure programs ap- in cases in which the United States is

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or may be a party in interest, except in the Arms Export Control Act, the Ex- cases in which such responsibility is by port Administration Act, the Trading statute or otherwise exclusively as- with the Enemy Act, or the Inter- signed to another investigative agency. national Emergency Economic Powers The Director’s authority to investigate Act, relating to any foreign counter- violations of and collect evidence in intelligence matter. cases involving the criminal drug laws (e) Establish and conduct law en- of the United States is concurrent with forcement training programs to pro- such authority of the Administrator of vide training for State and local law the Drug Enforcement Administration enforcement personnel; operate the under § 0.100 of this part. In inves- Federal Bureau of Investigation Na- tigating violations of such laws and in tional Academy; develop new ap- collecting evidence in such cases, the proaches, techniques, systems, equip- Director may exercise so much of the ment, and devices to improve and authority vested in the Attorney Gen- strengthen law enforcement and assist eral by sections 1 and 2 of Reorganiza- in conducting State and local training tion Plan No. 1 of 1968, section 1 of Re- programs, pursuant to section 404 of organization Plan No. 2 of 1973 and the the Omnibus Crime Control and Safe Comprehensive Drug Abuse Prevention Streets Act of 1968, 82 Stat. 204. and Control Act of 1970, as amended, as (f) Operate a central clearinghouse he determines is necessary. He may for police statistics under the Uniform also release FBI information on the Crime Reporting Program, and a com- same terms and for the same purposes puterized nationwide index of law en- that the Administrator of the Drug En- forcement information under the Na- forcement Administration may dis- tional Crime Information Center. close DEA information under § 0.103 of (g) Operate the Federal Bureau of In- this part. The Director and his author- vestigation Laboratory to serve not ized delegates may seize, forfeit and only the Federal Bureau of Investiga- remit or mitigate the forfeiture of tion, but also to provide, without cost, property in accordance with 21 U.S.C. technical and scientific assistance, in- 881, 21 CFR 1316.71 through 1316.81, and cluding expert testimony in Federal or 28 CFR 9.1 through 9.7. local courts, for all duly constituted (b) Conduct the acquisition, collec- law enforcement agencies, other orga- tion, exchange, classification and pres- nizational units of the Department of ervation of fingerprints and identifica- Justice, and other Federal agencies, tion records from criminal justice and which may desire to avail themselves other governmental agencies, including of the service. As provided for in proce- fingerprints voluntarily submitted by dures agreed upon between the Sec- individuals for personal identification retary of State and the Attorney Gen- purposes; provide expert testimony in eral, the services of the Federal Bureau Federal, State and local courts as to of Investigation Laboratory may also fingerprint examinations; and provide be made available to foreign law en- fingerprint training and provide identi- forcement agencies and courts. fication assistance in disasters and for (h) Make recommendations to the Of- other humanitarian purposes. fice of Personnel Management in con- (c) Conduct personnel investigations nection with applications for retire- requisite to the work of the Depart- ment under 5 U.S.C. 8336(c). ment of Justice and whenever required (i) Investigate alleged fraudulent by statute or otherwise. conduct in connection with operations (d) Carry out the Presidential direc- of the Department of Housing and tive of September 6, 1939, as reaffirmed Urban Development and other alleged by Presidential directives of January 8, violations of the criminal provisions of 1943, July 24, 1950, and December 15, the National Housing Act, including 18 1953, designating the Federal Bureau of U.S.C. 1010. Investigation to take charge of inves- (j) Exercise the power and authority tigative work in matters relating to es- vested in the Attorney General to ap- pionage, sabotage, subversive activi- prove and conduct the exchanges of ties, and related matters, including in- identification records enumerated at vestigating any potential violations of § 50.12(a) of this chapter.

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(k) Payment of awards (including § 0.85a Criminal justice policy coordi- those over $10,000) under 28 U.S.C. nation. 524(c)(2), and purchase of evidence (in- The Federal Bureau of Investigation cluding the authority to pay more than shall report to the Attorney General on $100,000) under 28 U.S.C. 524(c)(1)(F). all its activities. (l) Exercise Lead Agency responsibility in investigating all crimes for [Order No. 960–81, 46 FR 52347, Oct. 27, 1981] which it has primary or concurrent jurisdiction and which involve terrorist § 0.86 Seizure of gambling devices. activities or acts in preparation of ter- The Director, Associate Director, As- rorist activities within the statutory sistants to the Director, Executive As- jurisdiction of the United States. With- sistant Directors, Assistant Directors, in the United States, this would in- inspectors and agents of the Federal clude the collection, coordination, Bureau of Investigation are authorized analysis, management and dissemina- to exercise the power and authority tion of intelligence and criminal infor- vested in the Attorney General to mation as appropriate. If another Fed- make seizures of gambling devices (18 eral agency identifies an individual U.S.C. 1955(d), 15 U.S.C. 1171 et seq.) and who is engaged in terrorist activities wire or oral communication inter- or in acts in preparation of terrorist cepting devices (18 U.S.C. 2513). activities, that agency is requested to [Order No. 960–81, 46 FR 52347, Oct. 27, 1981] promptly notify the FBI. Terrorism includes the unlawful use of force and vi- § 0.87 Representation on committee for olence against persons or property to visit-exchange. intimidate or coerce a government, the The Director of the Federal Bureau civilian population, or any segment of Investigation shall be a member of thereof, in furtherance of political or the committee which represents the social objectives. Department of Justice in the develop- (m) Carry out the Department’s re- ment and implementation of plans for sponsibilities under the Hate Crime exchanging visits between the Iron Statistics Act. Curtain countries and the United (n) Exercise the authority vested in States and shall have authority to des- the Attorney General under section ignate an alternate to serve on such 528(a), Public Law 101–509, to accept committee. from federal departments and agencies the services of law enforcement per- § 0.88 Certificates for expenses of un- sonnel to assist the Department of Jus- foreseen emergencies. tice in the investigation and prosecu- The Director of the Federal Bureau tion of fraud or other criminal or un- of Investigation is authorized to exer- lawful activity in or against any feder- cise the power and authority vested in ally insured financial institution or the the Attorney General by 28 U.S.C. 537, Resolution Trust Corporation, and to to make certificates with respect to ex- coordinate the activities of such law penses of unforeseen emergencies of a enforcement personnel in the conduct confidential character: Provided, That of such investigations and prosecu- each such certificate made by the Di- tions. rector of the Federal Bureau of Inves- (o) Carry out the responsibilities con- tigation shall be approved by the At- ferred upon the Attorney General torney General. under the Communications Assistance for Law Enforcement Act, Title I of § 0.89 Authority to seize arms and mu- Pub. L. 103–414 (108 Stat. 4279), subject nitions of war. to the general supervision and direc- The Director of the Federal Bureau tion of the Attorney General. of Investigation is authorized to exer- [Order No. 423–69, 34 FR 20388, Dec. 31, 1969] cise the authority conferred upon the Attorney General by section 1 of E.O. EDITORIAL NOTE: For FEDERAL REGISTER ci- tations affecting § 0.85, see the List of CFR 10863 of February 18, 1960 (25 FR 1507), Sections Affected, which appears in the relating to the seizure of arms and mu- Finding Aids section of the printed volume nitions of war, and other articles, pur- and at www.govinfo.gov. suant to section 1 of title VI of the act

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of June 15, 1917, 40 Stat. 223, as amend- § 0.91 Office for Victims of Crime. ed by section 1 of the Act of August 13, The Office for Victims of Crime is 1953, 67 Stat. 577 (22 U.S.C. 401). headed by a Director appointed by the Assistant Attorney General, Office of § 0.89a Delegations respecting claims Justice Programs. Under a delegation against the FBI. by the Attorney General (DOJ Order (a) The Director of the Federal Bu- No. 1079–84, Dec. 14, 1984), the Assistant reau of Investigation is authorized to Attorney General and the Director are exercise the power and authority vest- responsible for providing national lead- ed in the Attorney General under the ership to encourage improved treat- Act of December 7, 1989, Public Law ment of victims by implementing the 101–203, 103 Stat. 1805 (31 U.S.C. 3724), recommendations of the President’s with regard to claims thereunder not Task Force on Victims of Crime and exceeding $50,000 in any one case. the Attorney General’s Task Force on (b) The Director of the Federal Bu- Family Violence, and by administering reau of Investigation is authorized to the Crime Victims Fund and the Fed- redelegate to the General Counsel of eral Crime Victim Assistance Program, the FBI or his designee within the Of- established under the Victims of Crime fice of the General Counsel or to the Act of 1984, title II, chapter XIV, of primary legal advisors of the FBI field Public Law 98–473, 42 U.S.C. 10601 et offices, any of the authority, functions, seq., 98 Stat. 2170 (Oct. 12, 1984). or duties vested in him by paragraph § 0.92 National Institute of Justice. (a) of this section and by 28 CFR 0.172. This authority shall not be further re- The National Institute of Justice is headed by a Director appointed by the delegated. President. Under the general authority [Order No. 884–80, 45 FR 22023, Apr. 3, 1980, as of the Attorney General and reporting amended by Order No. 1417–90, 55 FR 27808, through the Assistant Attorney Gen- July 6, 1990; Order No. 1551–91, 56 FR 64192, eral, Office of Justice Programs, the Dec. 9, 1991; Order No. 1904–94, 59 FR 41242, Director performs functions and ad- Aug. 11, 1994; Order No. 2314–2000, 65 FR 44683, ministers programs, including provi- July 19, 2000; AG Order No. 3330–2012, 77 FR sion of financial assistance, under 42 26183, May 3, 2012] U.S.C. 3721–3723 to support basic and applied research into justice issues. Subpart P–1—Office of Justice Programs and Related Agencies § 0.93 Bureau of Justice Statistics. The Bureau of Justice Statistics is SOURCE: Order No. 1111–85, 50 FR 43385, Oct. headed by a Director appointed by the 25, 1985, unless otherwise noted. President. Under the general authority of the Attorney General and reporting § 0.90 Office of Justice Programs. through the Assistant Attorney Gen- eral, Office of Justice Programs, the The Office of Justice Programs is Director performs functions and ad- headed by an Assistant Attorney Gen- ministers programs, including provi- eral appointed by the President. Under sion of financial assistance, under 42 the general authority of the Attorney U.S.C. 3731–3734, to provide a variety of General, the Assistant Attorney Gen- statistical services for the criminal eral maintains liaison with the pro- justice community. vides information to Federal, State, local, and private agencies and organi- § 0.94 Office of Juvenile Justice and zations on criminal justice matters, Delinquency Prevention. and provides staff support to and co- The Office of Juvenile Justice and ordinates the activities of the National Delinquency Prevention is headed by Institute of Justice, the Bureau of Jus- an Administrator appointed by the tice Statistics, the Office of Juvenile President. Under the general authority Justice and Delinquency Prevention, of the Attorney General and reporting and the Bureau of Justice Assistance. through the Assistant Attorney Gen- The Office includes the Office for Vic- eral, Office of Justice Programs, the tims of Crime. Administrator performs functions and

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administers programs, including provi- (c) Provision for the protection, in- sion of financial assistance, under 42 struction, and discipline of all persons U.S.C. 5601 et seq., relating to juvenile charged with or convicted of offenses delinquency, the improvement of juve- against the United States. nile justice systems and missing chil- (d) Classification, commitment, con- dren. trol, or treatment of persons committed to the custody of the Attorney § 0.94–1 Bureau of Justice Assistance. General. (a) The Bureau of Justice Assistance (e) Payment of rewards with respect is headed by a Director appointed by to escaped Federal prisoners (18 U.S.C. the Attorney General. Under the gen- 3059). eral authority of the Attorney General (f) Certification with respect to the and reporting through the Assistant insanity or mental incompetence of a Attorney General, Office of Justice prisoner whose sentence is about to ex- Programs, the Director performs func- pire pursuant to section 4247 of title 18 tions and administers programs, in- of the U.S. Code. cluding provision of financial assist- (g) Entering into contracts with State or territorial officials for the ance, under 42 U.S.C. 3741–3748; 3761– custody, care, subsistence, education, 3764; and 3769, relating to the adminis- treatment, and training of State or ter- tration of State and local criminal jus- ritorial prisoners, upon certification tice systems. The Director also admin- with respect to the availability of prop- isters the Public Safety Officers’ Death er and adequate treatment facilities Benefits Program under 42 U.S.C. 3796, and personnel, pursuant to section 5003 et seq. of title 18 of the U.S. Code. (b) Subject to the authority and di- (h) Conduct of studies and the prepa- rection of the Attorney General, the ration and submission of reports and Director of the Bureau of Justice As- recommendations to committing sistance is authorized to exercise the courts respecting disposition of cases power and authority vested in the At- in which defendants have been com- torney General by Executive Order No. mitted for such purposes pursuant to 18 11755 of December 29, 1973, 39 FR 779, U.S.C. 4205(c). with respect to certification and revok- (i) Conduct and prepare, or cause to ing certification of work-release laws be conducted and prepared, studies and or regulations. submit reports to the court and the at- [Order No. 1111–85, 50 FR 43385, Oct. 25, 1985; torneys with respect to disposition of Order No. 1145–86, 51 FR 29464, Aug. 18, 1986] cases in which juveniles have been committed, pursuant to 18 U.S.C. 5037, Subpart Q—Bureau of Prisons and to contract with public or private agencies or individuals or community- based facilities for the observation and CROSS REFERENCE: For regulations per- study and the custody and care of juve- taining to the Bureau of Prisons, see parts 6 niles, pursuant to 18 U.S.C. 5040. and 7 of this chapter. (j) Observation, conduct of studies, and preparation of reports in cases in § 0.95 General functions. which youth offenders have been com- The Director of the Bureau of Prisons mitted by the courts for such purposes shall direct all activities of the Bureau pursuant to section 5010(e) of title 18 of of Prisons including: the United States Code. (a) Management and regulation of all (k) Conduct of examinations to deter- Federal penal and correctional institu- mine whether an offender is an addict tions (except military or naval institu- and is likely to be rehabilitated tions), and prison commissaries. through treatment, as well as the prep- (b) Provision of suitable quarters for, aration and submission of reports to and safekeeping, care, and subsistence committing courts, pursuant to section of, all persons charged with or con- 4252 of title 18 of the United States victed of offenses against the United Code. States or held as witnesses or other- (l) Transmittal of reports of boards of wise. examiners and certificates to clerks of

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the district courts pursuant to section vances not in excess of $150 to prisoners 4245 of title 18 of the U.S. Code. at the time of their release pursuant to (m) Providing technical assistance to 18 U.S.C. 4284 as it existed before the State and local governments in the im- enactment of Public Law 98–473 (appli- provement of their correctional sys- cable to offenses committed prior to tems (18 U.S.C. 4042). November 1, 1987). (g) Allowance, forfeiture, and res- [Order No. 423–69, 34 FR 20388, Dec. 31, 1969, as amended by Order No. 445–70, 35 FR 19397, toration of all good time pursuant to 18 Dec. 23, 1970; Order No. 579–74, 39 FR 37771, U.S.C. 4161, 4162, 4165, and 4166 as those Oct. 24, 1974; Order No. 960–81, 46 FR 52348, sections existed before the enactment Oct. 27, 1981] of Public Law 98–473 (applicable to offenses committed prior to November 1, § 0.96 Delegations. 1987). The Director of the Bureau of Prisons (h) Release of prisoners held solely is authorized to exercise or perform for nonpayment of fine as provided in any of the authority, functions, or du- 18 U.S.C. 3569 as it existed before the ties conferred or imposed upon the At- enactment of Public Law 98–473 (appli- torney General by any law relating to cable to offenses committed prior to the commitment, control, or treatment November 1, 1987). of persons (including insane prisoners (i) Furnishing transportation, cloth- and juvenile delinquents) charged with ing, and payments to released prisoners or convicted of offenses against the pursuant to 18 U.S.C. 4281 as it existed United States, including the taking of before the enactment of Public Law 98– final action in the following-described 473 (applicable to offenses committed matters: prior to November 1, 1987). (a) Requesting the detail of Public (j) Performing the functions of the Health Service officers for the purpose Attorney General under the provisions of furnishing services to Federal penal of 18 U.S.C. chapter 313, Offenders with and correctional institutions (18 U.S.C. Mental Disease or Defect (18 U.S.C. 4005). 4241–4247). (b) Consideration, determination, ad- (k) Settlement of claims arising justment, and payment of claims in ac- under the Federal Tort Claims Act as cordance with 31 U.S.C. 3722. provided in 28 CFR 0.172. (c) Designating places of imprison- (l) Entering into reciprocal agreement or confinement where the sen- ments with fire organizations for mu- tences of prisoners shall be served and tual aid and rendering emergency as- ordering transfers from one institution sistance in connection with extin- to another, whether maintained by the guishing fires within the vicinity of a Federal Government or otherwise, pur- Federal correctional facility, as au- suant to 18 U.S.C. 4082 as it existed be- thorized by sections 2 and 3 of the Act fore the enactment of Pub. L. 98–473 of May 27, 1955 (42 U.S.C. 1856a, 1856b). (applicable to offenses committed prior (m) Deciding upon requests by states to November 1, 1987). for temporary transfers of custody of (d) Extending the limits of the place inmates for prosecution under Article of confinement of prisoners for the pur- IV of the Interstate Agreement on De- poses specified, and within the limits tainers (84 Stat. 1399) and pursuant to established, by 18 U.S.C. 4082(c) as it other available procedures; and receiv- existed before the enactment of Public ing and reviewing requests by the exec- Law 98–473, and otherwise performing utive authority of states or the Dis- the functions of the Attorney General trict of Columbia for, and authorizing under that section (applicable to of- the transfer of, inmates pursuant to 18 fenses committed prior to November 1, U.S.C. 4085 as it existed before the en- 1987). actment of Public Law 98–473 (applica- (e) Designation of agents for the ble to offenses committed prior to No- transportation of prisoners (18 U.S.C. vember 1, 1987). 4008). (n) Prescribing rules and regulations (f) Prescribing regulations for the use applicable to the carrying of firearms of surplus funds in ‘‘Commissary by Bureau of Prisons officers and em- Funds, Federal Prisons’’ to provide ad- ployees (18 U.S.C. 3050).

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(o) Promulgating rules governing the arrangements with the States and to control and management of Federal receive offenders from the States for penal and correctional institutions and transfer to a foreign country; to act as providing for the classification, gov- an agent of the United States to re- ernment, discipline, treatment, care, ceive the delivery from a foreign gov- rehabilitation, and reformation of in- ernment of any person being trans- mates confined therein (18 U.S.C. 4001, ferred to the United States under such 4041, and 4042). a treaty; to render to foreign countries (p) Establishing and designating Bu- and to receive from them certifications reau of Prisons Institutions (18 U.S.C. and reports required under a treaty; 4001, 4042). and to receive custody and carry out (q) Granting permits to states or pub- the sentence of imprisonment of such a lic agencies for rights-of-way upon transferred offender as required by that lands administered by the Director in statute and any such treaty. accordance with the provisions of 43 U.S.C. 931c and 43 U.S.C. 961 (18 U.S.C. [Order No. 758–77, 42 FR 63139, Dec. 15, 1977] 4001, 4041, 4042, 43 U.S.C. 931c, 961). (r) Authority under the provisions of § 0.96c Cost of incarceration. 18 U.S.C. 4082(b) to provide law enforce- (a) The Attorney General is required ment representatives with information to establish and collect a fee to cover on Federal prisoners who have been the cost of one year of incarceration. convicted of felony offenses and who These provisions apply to any person are confined at a residential commu- who is convicted in a United States nity treatment center located in the District Court and committed to the geographical area in which the request- custody of the Attorney General, and ing agency has jurisdiction (18 U.S.C. who begins service of sentence on or 4082). after December 27, 1994. For the pur- (s) Approving inmate disciplinary poses of this subpart, revocation of pa- and good time regulations (18 U.S.C. role or supervised release shall be 3624). treated as a separate period of incar- (t) Contracting, for a period not ex- ceration for which a fee may be im- ceeding three years, with the proper posed. authorities of any State, Territory, or political subdivision thereof, for the (b) The fee to cover the costs of in- imprisonment, subsistence, care, and carceration shall be calculated by di- proper employment of persons con- viding the number representing the ob- victed of offenses against the United ligation encountered in Bureau of Pris- States (18 U.S.C. 4002). ons facilities (excluding activation costs) by the number of inmate-days [Order No. 1617–92, 57 FR 38772, Aug. 27, 1992, incurred for the year, and by then mul- as amended by Order No. 1884–94, 59 FR 29717, tiplying the quotient by 365. The re- June 9, 1994; Order No. 2204–99, 64 FR 4295, Jan. 28, 1999] sulting figure represents the average cost to the Bureau for confining an in- § 0.96a Interstate Agreement on De- mate for one year. tainers. (c) The Director of the Bureau of The Director of the Bureau of Prisons Prisons is delegated the authority to is designated as the U.S. Officer under collect the fee to cover the cost of in- Article VII of the Interstate Agree- carceration from inmates committed ment on Detainers (84 Stat. 1402). to the custody of the Attorney General and to promulgate all regulations con- [Order No. 462–71, 36 FR 12212, June 29, 1971] cerning the collection of the fee. § 0.96b Exchange of prisoners. (d) The Director shall review and determine the amount of the fee not less The Director of the Bureau of Prisons than annually in accordance with the and officers of the Bureau of Prisons formula set forth in paragraph (b) of designated by him are authorized to re- this section. The Director shall publish ceive custody of offenders and to trans- each year’s fee as a Notice in the FED- fer offenders to and from the United ERAL REGISTER. States of America under a treaty as referred to in Public Law 95–144; to make [Order No. 1932–94, 59 FR 60558, Nov. 25, 1994]

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§ 0.97 Redelegation of authority. try or in any work activity in connection with the maintenance of operation The Director of the Bureau of Prisons of the institution where confined. is authorized to redelegate to any of his subordinates any of the authority, APPENDIX TO SUBPART Q OF PART 0— functions or duties vested in him by CONFINEMENT OF PERSONS IN DIS- this subpart Q. The Director may make TRICT OF COLUMBIA CORRECTIONAL similar delegations to any other em- INSTITUTIONS ployee of any Bureau, Board, Office, or Division of the Department of Justice By virtue of the authority vested in me by with the consent of the head of that the Act of September 1, 1916, 39 Stat. 711 Bureau, Board, Office, or Division, and (D.C. Code section 24–402), by section 11 of after written notification to the Attor- the Act of July 15, 1932, as added by the Act ney General or designee. A redelega- of June 6, 1940, 54 Stat. 244 (D.C. Code section 24–425), and by the Act of September 10, 1965 tion of authority is limited to employ- (18 U.S.C. 4082). ees of the Department of Justice. Ex- (a) The Mayor of the District of Columbia isting redelegations by the Director of or his authorized representative is hereby the Bureau of Prisons shall continue in authorized to transfer such prisoners as may force and effect until modified or re- be in his custody and supervision, by virtue voked. of having been placed in a correctional institution of the District of Columbia pursuant [Order No. 1150–86, 51 FR 31939, Sept. 8, 1986] to the authority of the Attorney General, from such institution to any available, suit- § 0.98 Functions of Commissioner of able, or appropriate institution or facility Federal Prison Industries. (including a residential community treat- The Director of the Bureau of Prisons ment center) within the District of Colum- is authorized as ex officio Commis- bia, and the Mayor or his authorized representative is further authorized to extend sioner of Federal Prison Industries and the limits of the place of confinement of in accordance with the policy fixed by such prisoners for the purposes specified, and its Board of Directors to: within the limits established, by the Act of (a) Exercise jurisdiction over all in- September 10, 1965 (18 U.S.C. 4082). dustrial enterprises in all Federal (b) The authority conferred by subsection penal and correctional institutions. (a) shall not include any extension of the (b) Sponsor vocational training pro- limits of confinement for any prisoner serv- grams in Federal penal and correc- ing a sentence for a crime of violence and tional institutions. not participating in a furlough program as of December 22, 1976, unless such prisoner has (c) Contract for the transfer of prop- served at least twelve months, has not been erty or equipment from the District of denied parole, without recommendation for Columbia for industrial employment furlough, at his most recent parole hearing and training of prisoners confined in a (whether such hearing was held before or penal or correctional institution of the after extension of the limits of his confine- District of Columbia, pursuant to 18 ment was granted), and U.S.C. 4122. (1) Is within twelve months of the expiration of his maximum sentence, without re- § 0.99 Compensation to Federal pris- duction, or oners. (2) Is within twelve months of a date on which he will be eligible for parole from con- The Board of Directors of Federal finement, or Prison Industries, or such officer of the (3) Has served at least ninety percent of his corporation as the Board may des- minimum sentence, without reduction. ignate, may exercise the authority By October 15 of each year, there shall be vested in the Attorney General by sec- submitted to the Associate Attorney General tion 4126 of title 18 of the U.S. Code, as a report concerning each prisoner serving a amended, to prescribe rules and regula- sentence for a crime of violence whose limits tions governing the payment of com- of confinement have been extended during pensation to inmates of Federal penal the twelve-month period ending the pre- and correctional institutions employed ceding September 30, indicating the offense and term for which, and the court by which, in any industry, or performing out- the prisoner was sentenced with respect to standing services in institutional oper- his present confinement; all other criminal ations, and to inmates or their depend- offenses of which the prisoner has been con- ents for injuries suffered in any indus- victed; the date, duration and purpose of

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each extension of the limits of his confine- § 0.101 Specific functions. ment; all parole board actions with respect to the prisoner; and all infractions of the The Administrator of the Drug En- terms of extension, violations of prison forcement Administration shall be re- rules, or criminal offenses with which the sponsible for: prisoner has been officially charged since the (a) The development and implemen- beginning of his confinement. tation of a concentrated program (c) With respect to all other prisoners, the throughout the Federal Government authority conferred by subsection (a) may be exercised by an authorized representative for the enforcement of Federal drug designated by the Mayor. laws and for cooperation with State (d) As used in this Order crime of violence and local governments in the enforce- means murder, manslaughter, rape, kidnap- ment of their drug abuse laws. ping, robbery, burglary, assault with intent (b) The development and mainte- to kill, assault with intent to rape, assault nance of a National Narcotics Intel- with intent to rob or extortion involving the ligence System in cooperation with threat or use of violence to person. Federal, State, and local officials, and [Order No. 636–76, 41 FR 3289, Jan. 26, 1976, as the provision of narcotics intelligence amended by Order No. 676–76, 41 FR 56802, to any Federal, State, or local official Dec. 30, 1976; Order No. 960–81, 46 FR 52348, Oct. 27, 1981] that the Administrator determines has a legitimate official need to have access to such intelligence. Subpart R—Drug Enforcement (c) The development and implemen- Administration tation of a procedure to release property seized under section 511 of the § 0.100 General functions. Controlled Substances Act (21 U.S.C. The following-described matters are 881) to any innocent party having an assigned to, and shall be conducted, immediate right to possession of the handled, or supervised by, the Adminis- property, when the Administrator, in trator of the Drug Enforcement Admin- his discretion, determines it is not in istration: the interests of justice to initiate for- (a) Functions vested in the Attorney feiture proceedings against the prop- General by sections 1 and 2 of Reorga- erty. nization Plan No. 1 of 1968. (d) Payment of awards (including (b) Except where the Attorney Gen- those over $10,000) under 28 U.S.C. eral has delegated authority to another 524(c)(2) and purchase of evidence (in- Department of Justice official to exer- cluding the authority to pay more than cise such functions, and except where $100,000) under 28 U.S.C. 524(c)(1)(F). functions under 21 U.S.C. 878(a)(5) do not relate to, arise from, or supplement [Order No. 520–73, 38 FR 18380, July 10, 1973, investigations of matters concerning as amended by Order No. 565–74, 39 FR 15876, drugs, functions vested in the Attorney May 6, 1974; Order No. 898–80, 45 FR 44267, July 1, 1980; Order No. 960–81, 46 FR 52348, General by the Comprehensive Drug Oct. 27, 1981; Order No. 1126–86, 51 FR 7443, Abuse Prevention and Control Act of Mar. 4, 1986] 1970, as amended. This will include functions which may be vested in the § 0.102 Drug enforcement policy co- Attorney General in subsequent ordination. amendments to the Comprehensive The Administrator of the Drug En- Drug Abuse Prevention and Control forcement Administration shall report Act of 1970, and not otherwise specifi- to the Attorney General, through the cally assigned or reserved by him. Deputy Attorney General or the Asso- (c) Functions vested in the Attorney ciate Attorney General, as directed by General by section 1 of Reorganization the Attorney General. Plan No. 2 of 1973 and not otherwise specifically assigned. [Order No. 1429–90, 55 FR 28909, July 16, 1990] [Order No. 520–73, 38 FR 18380, July 10, 1973, § 0.103 Release of information. as amended by Order No. 960–81, 46 FR 52348, Oct. 27, 1981; Order No. 1203–87, 52 FR 24447, (a) The Administrator of DEA is au- July 1, 1987; Order No. 2204–99, 64 FR 4295, thorized— Jan. 28, 1999; Order No. 2666–2003, 68 FR 14899, (1) To release information obtained Mar. 27, 2003] by DEA and DEA investigative reports

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to Federal, State, and local officials further redelegated below the Asso- engaged in the enforcement of laws re- ciate Chief Counsel level. lated to controlled substances. [Order No. 1751–93, 58 FR 35371, July 1, 1993] (2) To release information obtained by DEA and DEA investigative reports § 0.104 Redelegation of authority. to Federal, State, and local prosecu- The Administrator of the Drug En- tors, and State licensing boards, enforcement Administration is author- gaged in the institution and prosecu- ized to redelegate to any of his subordi- tion of cases before courts and licens- nates or any of the officers or employ- ing boards related to controlled sub- ees of the Immigration and Naturaliza- stances. tion Service any of the powers and (3) To authorize the testimony of functions vested in him by this subpart DEA officials in response to subpoenas R. or demands issued by the prosecution [Order No. 1146–86, 51 FR 30485, Aug. 27, 1986] in Federal, State, or local criminal cases involving controlled substances. APPENDIX TO SUBPART R OF PART 0— (b) Except as provided in paragraph REDELEGATION OF FUNCTIONS (a) of this section, all other production of information or testimony of DEA of- SECTION 1. Scope of authority. The authority ficials in response to subpoenas or de- delegated by this order is applicable to all officers and employees of the Drug Enforce- mands of courts or other authorities is ment Administration (DEA) and Federal Bu- governed by subpart B of part 16 of this reau of Investigation (FBI). chapter. However, it should be recog- SEC. 2. Supervisors. All Special Agents-in- nized that subpart B is not intended to Charge of the DEA and the FBI are author- restrict the release of noninvestigative ized to conduct enforcement hearings under information and reports as deemed ap- 21 U.S.C. 883, and to take custody of seized propriate by the Administrator of property under 21 U.S.C. 881. All Special Agents-in-Charge of the DEA and the FBI, DEA. For example, it does not inhibit the DEA Deputy Administrator, Assistant the exchange of information between Administrators and Office Heads, and the governmental officials concerning the FBI Executive Assistant Directors, Assistant use and abuse of controlled substances Directors, Deputy Assistant Directors, and as provided for by section 503(a)(1) of Section Chiefs, are authorized to release in- the Controlled Substances Act (21 formation pursuant to 28 CFR 0.103(a)(1) and U.S.C. 873(a)(1)). (2) that is obtained by the DEA and the FBI, and to authorize the testimony of DEA and [Order No. 520–73, 38 FR 18380, July 10, 1973, FBI officials in response to prosecution sub- as amended by Order No. 2614–2002, 67 FR poenas or demands under 28 CFR 0.103(a)(3). 58990, Sept. 19, 2002] All DEA Laboratory Directors are authorized to release information pursuant to 28 § 0.103a Delegations respecting claims CFR 0.103(a)(1) and (2) that is obtained by a against the Drug Enforcement Ad- DEA laboratory, and to authorize the testi- ministration. mony of DEA laboratory personnel in response to prosecution subpoenas or demands (a) The Administrator of DEA is au- under 28 CFR 0.103(a)(3). All DEA Special thorized to exercise the power and au- Agents-in-Charge are authorized to take cus- thority vested in the Attorney General tody of, and make disposition of, controlled under the Act of December 7, 1989, Pub- substances seized pursuant to 21 U.S.C. lic Law 101–203, 103 Stat. 1805 (31 U.S.C. 824(g). 3724) with regard to claims thereunder SEC. 3. Enforcement officers. (a) All DEA criminal investigators (series 1811 under Of- arising out of the lawful activities of fice of Personnel Management regulations) DEA personnel in an amount not to ex- and special agents of the FBI are authorized ceed $50,000.00 in any one case. to exercise all of the powers of enforcement (b) Notwithstanding the provisions of personnel granted by 21 U.S.C. 876, 878, and 28 CFR 0.104, the Administrator of DEA 879; to serve subpoenas, administer oaths, ex- is authorized to redelegate the power amine witnesses, and receive evidence under and authority vested in him in para- 21 U.S.C. 875; to execute administrative inspection warrants under 21 U.S.C. 880; and to graph (a) of this section to the Chief seize property under 21 U.S.C. 881 and 21 CFR Counsel of DEA and the Chief Counsel’s 1316.71 et seq. designee within the Office of Chief (b) All DEA Diversion Investigators (series Counsel. This authority shall not be 1801 under Office of Personnel Management

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regulations) are authorized to administer SEC. 6. Import and export permits. The Dep- oaths and serve subpoenas under 21 U.S.C. 875 uty Assistant Administrator of the DEA Of- and 876; to conduct administrative inspec- fice of Diversion Control, the Deputy Direc- tions and execute administrative inspection tor of the DEA Office of Diversion Control, warrants under 21 U.S.C. 878(2) and 880; to the Chief of the Drug Operations Section of seize property incident to compliance and the DEA Office of Diversion Control, and the registration inspections and investigations Chief of the International Drug Unit of the under 21 U.S.C. 881; and to seize or place con- Drug Operations Section of the DEA Office of trolled substances under seal pursuant to 21 Diversion Control are authorized to perform U.S.C. 824. all and any functions with respect to the SEC. 4. Issuance of subpoenas. (a) The Chief issuance of importation and exportation per- Inspector of the DEA; the Deputy Chief In- mits for controlled substances under 21 spectors and Associate Deputy Chief Inspec- U.S.C. 952 and 953, and all functions in regard tors of the Office of Inspections and the Of- to transshipments and intransit shipments fice of Professional Responsibility of the of controlled substances under 21 U.S.C. 954. DEA; all Special Agents-in-Charge of the SEC. 7. Promulgation of regulations. The DEA and the FBI; DEA Inspectors assigned Deputy Assistant Administrator of the DEA to the Inspection Division; DEA Associate Office of Diversion Control is authorized to Special Agents-in-Charge; DEA and FBI As- exercise all necessary functions with respect sistant Special Agents-in-Charge; DEA Resi- to the promulgation and implementation of the following regulations published in chap- dent Agents-in-Charge; DEA Diversion Pro- ter II, title 21, Code of Federal Regulations: gram Managers; FBI Supervisory Senior (a) Part 1301, incident to the registration Resident Agents; DEA Special Agent Group of manufacturers, distributors, and dis- Supervisors; those FBI Special Agent Squad pensers of controlled substances, except that Supervisors who have management responsi- final orders in connection with suspension, bility over Organized Crime/Drug Program denial or revocation of registration shall be Investigations; and DEA Regional Directors, made by the Deputy Administrator of DEA. Assistant Regional Directors, and Country (b) Part 1302 relating to labelling and pack- ´ Attaches, are authorized to sign and issue aging requirements for controlled sub- subpoenas with respect to controlled substances. stances, listed chemicals, tableting machines (c) Part 1304 relating to records and reports or encapsulating machines under 21 U.S.C. of registrants. 875 and 876 in regard to matters within their (d) Part 1305 relating to order forms. respective jurisdictions. (e) Part 1306 relating to prescriptions, ex- (b) The Administrative Law Judge of DEA cept provisions relating to dispensing of nar- is authorized to sign and issue subpoenas to cotic drugs for maintenance purposes. compel the attendance of witnesses and the (f) Part 1307, title 21, Code of Federal Regu- production of documents and materials to lations, relating to miscellaneous provisions, the extent necessary to conduct administra- except § 1307.31 concerning special exempt tive hearings pending before him. persons. SEC. 5. Legal functions. The Chief Counsel (g) The following sections of part 1308: and the Director of DEA’s Mid-Atlantic Lab- §§ 1308.21 and 1308.22 relating to excluded non- oratory are authorized to execute any cer- narcotic substances; §§ 1308.23 and 1308.24 re- tification required to authenticate any docu- lating to exempt chemical preparations; ments pursuant to 28 CFR 0.146. The Chief §§ 1308.25 and 1308.26 relating to excluded vet- Counsel is also authorized to adjust, deter- erinary anabolic steroid implant products; mine, compromise, and settle any claims in- §§ 1308.31 and 1308.32 relating to exempted volving the Drug Enforcement Administra- prescription products; and §§ 1308.33 and tion under 28 U.S.C. 2672 relating to tort 1308.34 relating to exempt anabolic steroid claims where the amount of the proposed ad- products, except that any final order fol- justment, compromise, settlement or award lowing a contested proposed rulemaking does not exceed $2,500; to formulate and co- shall be issued by the Deputy Administrator ordinate the proceedings relating to the con- of DEA. duct of hearings under 21 U.S.C. 875, includ- (h) Part 1309, incident to the registration ing the signing and issuance of subpoenas, of manufacturers, distributors, importers examining of witnesses, and receiving evi- and exporters of List I chemicals, except dence; to adjust, determine, compromise and that final orders in connection with suspen- settle any tort claims when such claims arise sion, denial or revocation of registration in foreign countries in connection with DEA shall be made by the Deputy Administrator operations abroad, and to conduct enforce- of DEA. ment hearings under 21 U.S.C. 883. The For- (i) Part 1310, relating to records, reports feiture Counsel of the DEA is authorized to and identification of parties to transactions exercise all necessary functions with respect in listed chemicals and certain machinery, to decisions on petitions under 19 U.S.C. 1618 but not including the authority to add and for remission or mitigation of forfeitures in- delete listed chemicals pursuant to 21 CFR curred under 21 U.S.C. 881. 1310.02.

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(j) Part 1311 relating to registration of im- Administrator in subsequent amendments to porters and exporters of controlled sub- 21 CFR parts 1300 through 1316 and not other- stances, except that final orders in connec- wise specifically assigned or reserved by tion with suspension, denial or revocation of him. registration shall be made by the Deputy Ad- [47 FR 43370, Oct. 1, 1982] ministrator of DEA. (k) Part 1312 relating to importation and EDITORIAL NOTE: For FEDERAL REGISTER ci- exportation of controlled substances, except tations affecting the appendix, see the List that all final orders following a contested of CFR Sections Affected, which appears in proposed rulemaking regarding the denial of the Finding Aids section of the printed vol- an application for an import, export or ume and at www.govinfo.gov. transshipment permit shall be made by the Deputy Administrator of DEA. (l) Part 1313, relating to the importation Subpart S—Immigration and and exportation of precursors and essential Naturalization Service chemicals, but not including the authority to suspend shipments under 21 CFR 1313.41. § 0.105 General functions. (m) Part 1314, incident to the retail sale of The Commissioner of the Immigra- scheduled listed chemical products by regu- tion and Naturalization Service shall: lated sellers and distributors required to submit reports under section 310(b)(3) of the Act (a) Subject to limitations contained (21 U.S.C. 830(b)(3)), except that final orders in section 103 of the Immigration and in connection with suspension or revocation Nationality Act (8 U.S.C. 1103) and ex- of the regulated seller’s or mail order dis- cepting the authority delegated to the tributor’s right to sell scheduled listed Executive Office for Immigration Re- chemical products shall be made by the Dep- view, the Board of Immigration Ap- uty Administrator of the Drug Enforcement peals, the Office of the Chief Immigra- Administration. tion Judge, Immigration Judges, and SEC. 8. Financial functions. The Controller of the DEA is authorized to settle any em- the Office of the Chief Administrative ployee claims filed under the Military Per- Hearing Officer, administer and enforce sonnel and Civilian Employees’ Claims Act the Immigration and Nationality Act in an amount not to exceed $25,000. and all other laws relating to immigra- SEC. 9. Chemical Diversion Act functions. The tion (including but not limited to ad- Chief of Operations of the DEA, Operations mission, exclusion, and deportation), Division, is authorized to furnish, or cause to be furnished, descriptions of persons with naturalization, and nationality. Noth- whom regulated transactions may not be ing in this paragraph shall be con- completed without prior approval of the strued to authorize the Commissioner DEA; to approve such transactions pursuant of Immigration and Naturalization to to 21 U.S.C. 830(b) and 21 CFR 1310.05(b); and supervise the litigation of or to ap- to approve or disapprove regular customer or prove the filing of records on review, regular importer status under 21 U.S.C. 971 appeals, or petitions for writs of certio- and 21 CFR 1313.15 and 1313.24. rari or to intervene or have inde- SEC. 10. Deputization of State and Local Law Enforcement Officers. The Chief, Investigative pendent representation in cases under Support Section, Office of Operations Man- the immigration and nationality laws agement, Operations Division, is authorized except as provided in paragraph (e) of to exercise all necessary functions with re- this section. spect to the deputization of state and local (b) For the purposes of paragraph (a) law enforcement officers as Task Force Offi- of this section, and as limited therein, cers of DEA pursuant to 21 U.S.C. 878(a). exercise or perform any of the author- SEC. 11. Cross-Designation of Federal Law ity, functions, or duties conferred or Enforcement Officers. The Chief, Investigative Support Section, Office of Operations Man- imposed upon the Attorney General by agement, Operations Division is authorized the laws mentioned in that paragraph, to exercise all necessary functions with re- including the authority to issue regula- spect to the cross-designation of Federal law tions. enforcement officers to undertake title 21 (c) Investigate alleged violations of drug investigations under supervision of the the immigration and nationality laws, DEA pursuant to 21 U.S.C. 873(b). and make recommendations for pros- SEC. 12. All other functions. The Deputy Ad- ecutions when deemed advisable. ministrator is authorized to exercise all necessary functions under 21 CFR parts 1300 (d) Patrol the borders of the United through 1316, except those functions other- States to prevent the entry of aliens wise delegated within this subpart. This will into the United States in violation of include functions which may be vested in the law.

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(e) Supervise naturalization work in § 0.106 Certificates for expenses of un- the specific courts designated by sec- foreseen emergencies. tion 310 of the Immigration and Na- The Commissioner of Immigration tionality Act (8 U.S.C. 1421) to have ju- and Naturalization is authorized to ex- risdiction in such matters, including ercise the power and authority vested the requiring of accountings from the in the Attorney General by section 6 of clerks of such courts for naturalization the act of July 28, 1950, 64 Stat. 380 (8 fees collected, investigation through U.S.C. 1555), to make certificates with field officers of the qualifications of respect to expenses of unforeseen emer- citizenship applicants, and representa- gencies of a confidential character: tion of the Government at all court Provided, That each such certificate hearings. made by the Commissioner of Immigra- (f) Cooperate with the public schools tion and Naturalization shall be ap- in providing citizenship textbooks and proved by the Attorney General. other services for the preparation of candidates for naturalization. § 0.107 Representation on committee (g) Register and fingerprint aliens in for visit-exchange. the United States, as required by sec- The Commissioner of Immigration tion 262 of the Immigration and Na- and Naturalization shall be a member tionality Act (8 U.S.C. 1304). of the committee which represents the (h) Prepare reports on private bills Department of Justice in the develop- pertaining to immigration matters. ment and implementation of plans for (i) Designate within the Immigration exchanging visits between the Iron and Naturalization Service a certifying Curtain countries and the United officer, and an alternate, to certify States and shall have authority to des- copies of documents issued by the Com- ignate an alternate to serve on such missioner, or his designee, which are committee. required to be filed with the Office of the Federal Register. § 0.108 Redelegation of authority. (j) Direct officers and employees of The Commissioner of the Immigra- the Immigration and Naturalization tion and Naturalization Services may Service, assigned to accompany com- redelegate to any employee of the mercial aircraft, to perform the func- Service or the Department of Justice tions of a U.S.C. deputy marshal as a any of the powers, privileges, or duties peace officer, in particular those set conferred or imposed on the Commis- forth in 28 U.S.C. 570 and 18 U.S.C. 3053: sioner by § 0.105. The Commissioner is (1) While aboard any aircraft to which authorized to confer or impose upon they have been assigned, or (2) while any employee of the United States, within the general vicinity of such air- with the consent of the head of the De- craft so long as it is within the juris- partment or other independent estab- diction of the United States. Such lishment under whose jurisdiction the functions shall be in addition to those employee is serving, any of the powers, vested in such officers and employees privileges, or duties conferred or im- pursuant to law. posed on the Commissioner by § 0.105. Existing redelegations by the Commis- (k) Insure that a copy of any asylum sioner shall continue in force and ef- application filed with INS shall be sent fect until modified or revoked. simultaneously to the Asylum Policy and Review Unit and to the Bureau of [Order No. 1150–86, 51 FR 31939, Sept. 8, 1986] Human Rights and Humanitarian Af- fairs at the Department of State. § 0.109 Implementation of the Treaty of Friendship and General Rela- [Order No. 423–69, 34 FR 20388, Dec. 31, 1969, as tions Between the United States amended by Order No. 445–70, 35 FR 19397, and Spain. Dec. 23, 1970; Order No. 699–77, 42 FR 15315, The Commissioner of Immigration Mar. 21, 1977; Order No. 960–81, 46 FR 52348, and Naturalization and immigration Oct. 27, 1981; Order No. 998–83, 48 FR 8056, Feb. 25, 1983; Order No. 1176–87, 52 FR 11044, officers (as defined in 8 CFR 103.1(i)) Apr. 7, 1987; Order No. 1237–87, 52 FR 44971, are hereby designated as ‘‘competent Nov. 24, 1987; Order No. 1245–87, 52 FR 48998, national authorities’’ on the part of Dec. 29, 1987] the United States within the meaning

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of Article XXIV of the Treaty of where criminal intimidation impedes Friendship and General Relations Be- the functioning of the Federal judicial tween the United States and Spain (33 process. Stat. 2105, 2117), and shall fulfill the ob- (f) Provision of assistance in the pro- ligations assumed by the United States tection of Federal property and build- pursuant to that Article in the manner ings. and form prescribed. (g) Direction and supervision of a training school for United States Mar- § 0.110 Implementation of the Conven- tion Between the United States and shals Service personnel. Greece. (h) Disbursement of appropriated funds to satisfy Government obliga- The Commissioner of Immigration tions incurred in the administration of and Naturalization and immigration officers (as defined in 8 CFR 103.1(i)) justice pursuant to 28 U.S.C. 571. are hereby designated as ‘‘local au- (i) Maintenance of custody, manage- thorities’’ and ‘‘competent officers’’ on ment control, and disposal of property the part of the United States within and money seized or forfeited pursuant the meaning of Article XIII of the Con- to any law enforced or administered by vention Between the United States and the Department of Justice, when the Greece (33 Stat. 2122, 2131), and shall property is seized by the U.S. Marshals fulfill the obligations assumed by the Service or delivered to the U.S. Mar- United States pursuant to that Article shals Service in accordance with regu- in the manner and form prescribed. lations; and administer the Depart- ment of Justice Asset Forfeiture Fund. Subpart T—United States Marshals (j) Receipt, processing and transportation of prisoners held in the custody Service of a marshal or transported by the U.S. § 0.111 General functions. Marshals Service under cooperative or intergovernmental agreements. The Director of the United States (k) Sustention of custody of Federal Marshals Service shall direct and su- prisoners from the time of their arrest pervise all activities of the U.S. Mar- by a marshal or their remand to a marshals Service including: shal by the court, until the prisoner is (a) Execution of Federal arrest war- committed by order of the court to the rants pursuant to rule 4 of the Federal custody of the Attorney General for Rules of Criminal Procedure, Federal the service of sentence, otherwise re- parole violator warrants pursuant to leased from custody by the court, or re- section 4206 of title 18 U.S. Code, and turned to the custody of the U.S. Pa- Federal custodial and extradition war- role Commission or the Bureau of Pris- rants as directed. ons. (b) The service of all civil and criminal process emanating from the Fed- (l) Coordination and direction of the eral judicial system including the exe- relationship of the offices of U.S. Mar- cution of lawful writs and court orders shals with the other organizational pursuant to section 569(b), title 28, U.S. units of the Department of Justice. Code. (m) Approval of staffing require- (c) Provisions for the health, safety, ments of the offices of U.S. Marshals. and welfare of Government witnesses (n) Investigation of alleged improper and their families, including the psy- conduct on the part of U.S. Marshals chological well-being and social adjust- Service personnel. ment of such persons, pursuant to 18 (o) Acquisition of adequate and suit- U.S.C. 3521, et seq., and issuance of nec- able detention space, health care and essary regulations for this purpose on other services and materials required behalf of the Attorney General. to support prisoners under the custody (d) Administration and implementa- of the U.S. Marshal who are not housed tion of courtroom security require- in Federal facilities. ments for the Federal judiciary. (p) Approval of ‘‘other necessary ex- (e) Protection of Federal jurists, penditures in the line of duty’’ of U.S. court officers, and other threatened Marshals and Deputy U.S. Marshals persons in the interests of justice under 28 U.S.C. 567(3).

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(q) Exercising the power and author- § 0.111B Witness Security Program. ity vested in the Attorney General (a) In connection with the protection under 28 U.S.C. 510 to conduct and in- of a witness, a potential witness, or an vestigate fugitive matters, domestic immediate family member or close as- and foreign, involving escaped federal sociate of a witness or potential wit- prisoners, probation, parole, manda- ness, the Director of the United States tory release, and bond default viola- Marshals Service and officers of the tors. United States Marshals Service des- [Order No. 516–73, 38 FR 12917, May 17, 1973, as ignated by the Director may: amended by Order No. 905–80, 45 FR 52145, (1) Provide suitable documents to en- Aug. 6, 1980; Order No. 960–81, 46 FR 52348, able the person to establish a new iden- Oct. 27, 1981; Order No. 1108–85, 50 FR 40197, tity or otherwise protect the person; Oct. 2, 1985; Order No. 1131–86, 51 FR 15612, (2) Provide housing for the person; Apr. 25, 1986; Order No. 1376–89, 54 FR 47353, (3) Provide for the transportation of Nov. 14, 1989] household furniture and other personal property to a new residence of the per- § 0.111a Temporary prisoner-witness son; transfers. (4) Provide to the person a payment The Director of the United States to meet basic living expenses in a sum Marshals Service and officers of the established in accordance with regula- United States Marshals Service des- tions issued by the Director, for such ignated by him are authorized to exer- time as the Attorney General deter- cise the power and authority vested in mines to be warranted; the Attorney General under 18 U.S.C. (5) Assist the person in obtaining em- 3508 to receive custody from foreign au- ployment; thorities of prisoner-witnesses whose (6) Provide other services necessary temporary transfer to the United to assist the person in becoming self- States has been requested; to transport sustaining; such persons in custody from the co- (7) Protect the confidentiality of the operating foreign country to the place identify and location of persons subject in the United States at which the to registration requirements as con- criminal proceedings in which they are victed offenders under Federal or State to testify are pending; to maintain law, including prescribing alternative such persons in custody while they are procedures to those otherwise provided in the United States, subject to any by Federal or State law for registra- agreement entered into by the Assist- tion and tracking of such persons; and ant Attorney General for the Criminal (8) Exempt procurement for services, Division or his or her delegee with the materials, and supplies, and the ren- transferring country regarding the ovation and construction of safe sites terms or conditions of the transfer; and within existing buildings from other to return such persons, in custody, to provision of law as may be required to the foreign country when and in the maintain the security of protective manner designated by the Assistant witnesses and the integrity of the Wit- Attorney General for the Criminal Di- ness Security Program. vision or his or her delegee. The Direc- (b) The identity or location or any tor of the United States Marshals Serv- other information concerning a person ice and officers of the United States receiving protection under 18 U.S.C. Marshals Service designated by him 3521 et seq., or any other matter con- shall also be authorized to transport, cerning the person or the Program, surrender, receive and maintain cus- shall not be disclosed except at the di- tody of prisoner-witnesses temporarily rection of the Attorney General, the transferred from or to the United Assistant Attorney General in charge States pursuant to a treaty, executive of the Criminal Division, or the Direc- agreement, or other legal authority, tor of the Witness Security Program. and accept reimbursement from foreign However, upon request of State or local law enforcement officials, the Director authorities when appropriate. shall, without undue delay, disclose to [Order No. 1913–94, 59 FR 46551, Sept. 9, 1994] such officials the identity, location,

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criminal records, and fingerprints re- (2) For process served by mail—$8 per lating to the person relocated or pro- item mailed; tected when the Director knows or the (3) For process served or executed request indicates that the person is personally—$65 per hour (or portion under investigation for or has been ar- thereof) for each item served by one rested for or charged with an offense U.S. Marshals Service employee, agent, that is punishable by more than one or contractor, plus travel costs and any year in prison or that is a crime of vio- other out-of-pocket expenses. For each lence. additional U.S. Marshals Service em- [Order No. 2511–2001, 66 FR 47383, Sept. 12, ployee, agent, or contractor who is 2001] needed to serve process—$65 per person per hour for each item served, plus § 0.112 Special deputation. travel costs and any other out-of-pock- The Director, United States Marshals et expenses. Service, is authorized to deputize the (4) For copies at the request of any following persons to perform the func- party—$.10 per page; tions of a Deputy U.S. Marshal in any (5) For preparing notice of sale, bill district designated by the Director: of sale, or U.S. Marshal deed—$20 per (a) Selected officers or employees of item; the Department of Justice; (6) For keeping and advertisement of (b) Selected federal, state, or local property attached—actual expenses in- law enforcement officers whenever the curred in seizing, maintaining, and dis- law enforcement needs of the U.S. Mar- posing of property. shals Service so require; (b) Out-of-pocket expenses include, (c) Selected employees of private se- but are not limited to, advertising, curity companies in providing court- inventorying, storage, moving, insur- room security for the Federal judici- ance, guard hire, prisoner transpor- ary; tation and housing, and any other (d) Other persons designated by the third-party expenditure incurred in Associate Attorney General pursuant executing process. to 28 CFR 0.19(a)(3). (c) Travel costs, including mileage, All such deputations shall expire on a shall be calculated according to 5 date certain which shall be stated on U.S.C. chapter 57. the face of the deputation. (d) ‘‘Item’’ is defined as all docu- [Order No. 1047–84, 49 FR 6485, Feb. 22, 1984, as ments issued in one action which are amended at 61 FR 33657, June 28, 1996] served simultaneously on one person or organization. § 0.113 Redelegation of authority. (e) ‘‘Process’’ is defined to include, The Director, U.S. Marshals Service, but is not limited to, a summons and is authorized to redelegate to any of complaint, subpoena, writ, orders, and his subordinates any of the powers and the execution of court-ordered injunc- functions vested in him by this sub- tions, and civil commitments on behalf part, except that the authority to ap- of a requesting party. Process may also prove ‘‘other necessary expenditures in include the execution of ancillary the line of duty’’ of U.S. Marshals and court orders (other than subpoenas Deputy U.S. Marshals may not be dele- issued on behalf of indigent defendants gated below the Assistant Director and arrest warrants) in criminal cases. level. (f) The United States Marshals Serv- [Order No. 905–80, 45 FR 52145, Aug. 6, 1980] ice shall collect the fees enumerated in paragraph (a) of this section, where ap- § 0.114 Fees for services. plicable, even when process in returned (a) The United States Marshals Serv- to the court or the party unexecuted, ice shall routinely collect fees accord- as long as service is endeavored. ing to the following schedule: (g) Pursuant to 28 U.S.C. 565, the Di- (1) For process forwarded for service rector of the United States Marshals from one U.S. Marshals Service Office Service is authorized to use funds ap- or suboffice to another—$8 per item propriated for the Service to make pay- forwarded; ments for expenses incurred pursuant

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to personal services contracts and co- rector for Policy, the General Counsel, operative agreements for the service of or any other EOIR employee. summonses on complaints, subpoenas, [Order No. 4515-2019, 84 FR 44542, Aug. 26, and notices, and for security guards. 2019] (h) The United States Marshals Serv- ice shall collect a commission of 3 per- § 0.116 Board of Immigration Appeals. cent of the first $1,000 collected and 1.5 The membership of the Board of Im- percent on the excess of any sum over migration Appeals shall be established $1,000, for seizing or levying on prop- in accordance with 8 CFR 1003.1. The erty (including seizures in admiralty), Chairman of the Board of Immigration disposing of such property by sale, Appeals, who shall also be known as setoff, or otherwise, and receiving and the Chief Appellate Immigration paying over money, except that the Judge, shall be responsible for pro- amount of commission shall not be less viding supervision and establishing in- than $100.00 and shall not exceed ternal operating procedures of the $50,000. The U.S. Marshal’s commission Board in the exercise of its authorities shall apply to all judicially ordered and responsibilities as delineated in 8 sales and/or execution sales, including CFR 1003.1 through 1003.8. but not limited to all private mortgage foreclosure sales. if the property is not [Order No. 4515-2019, 84 FR 44542, Aug. 26, disposed of by Marshal’s sale, the com- 2019] mission shall be set by the court with- § 0.117 Office of the Chief Immigration in the range established above. Judge. [56 FR 2437, Jan. 23, 1991, as amended by The Chief Immigration Judge shall Order No. 2316–2000, 65 FR 47862, Aug. 4, 2000; provide general supervision to the im- AG Order No. 3017–2008, 73 FR 69554, Nov. 19, migration judges in performance of 2008; 78 FR 59819, Sept. 30, 2013] their duties in accordance with the Im- migration and Nationality Act and 8 Subpart U—Executive Office for CFR 1003.9. Immigration Review [Order No. 4515-2019, 84 FR 44542, Aug. 26, 2019] SOURCE: Order No. 1237–87, 52 FR 44971, Nov. 24, 1987, unless otherwise noted. § 0.118 Office of the Chief Administra- tive Hearing Officer. § 0.115 General functions. The Chief Administrative Hearing Of- (a) The Executive Office for Immigra- ficer shall provide general supervision tion Review shall be headed by a Direc- to the Administrative Law Judges in tor who is appointed by the Attorney performance of their duties in accord- General. The Director shall be assisted ance with 8 U.S.C. 1324a, 1324b, and by a Deputy Director and the heads of 1324c, and carry out any other respon- EOIR’s other components, who shall re- sibilities as provided by law, including port to the Director and Deputy Direc- the authority to review decisions as tor. EOIR shall include the Board of provided in 28 CFR part 68. Immigration Appeals, the Office of the [Order No. 4515-2019, 84 FR 44542, Aug. 26, Chief Immigration Judge, the Office of 2019] the Chief Administrative Hearing Offi- cer, the Office of Policy, the Office of the General Counsel, and such other Subpart U–1—Office of Commu- components and staff as the Attorney nity Oriented Policing Serv- General or the Director may provide. ices (b) The Director may redelegate the authority delegated to him by the At- SOURCE: Order No. 1948–95, 60 FR 8933, Feb. torney General, subject to the provi- 16, 1995, unless otherwise noted. sions of 8 CFR 1003.0, to the Deputy Di- rector, the Chairman of the Board of § 0.119 Organization. Immigration Appeals, the Chief Immi- The Office of Community Oriented gration Judge, the Chief Administra- Policing Services shall be headed by a tive Hearing Officer, the Assistant Di- Director appointed by the Attorney

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General. The Director shall report to on the Federal Government’s authority the Attorney General through the As- to act in this area. sociate Attorney General. (b) Departmental regulations set forth in 28 CFR part 61, Appendix D, ap- § 0.120 General functions. plicable to the Office of Justice Pro- The Director, Office of Community grams, shall apply with equal force and Oriented Policing Services shall: effect to the Office on Violence Against (a) Exercise the powers and perform Women, with references to the Office of the functions vested in the Attorney Justice Assistance, Research and Sta- General by title I and subtitle H of tistics, and its components, in such title III of the Violent Crime Control regulations deemed to refer to the Of- and Law Enforcement Act of 1994 (Pub. fice on Violence Against Women, as ap- L. 103–322); and propriate. (b) Perform such other duties and (c) Departmental regulations set functions relating to policing and law forth in part 18 of this title, shall apply enforcement as may be specially as- with equal force and effect to grant signed by the Attorney General or the programs administered by the Office on Associate Attorney General. Violence Against Women, with references to the Office of Justice Pro- § 0.121 Applicability of existing depart- grams and its components in such reg- mental regulations. ulations deemed to refer to the Office Unless superseded by regulations pro- on Violence Against Women, as appro- mulgated by the Office of Community priate. Oriented Policing Services, Depart- mental regulations set forth in part 18 [Order No. 2811–2006, 71 FR 19827, Apr. 18, 2006, of this title, applicable to grant pro- as amended at 80 FR 1006, Jan. 8, 2015] grams administered through the Office of Justice Programs, shall apply with Subpart U–3—Office of the Federal equal force and effect to grant pro- Detention Trustee grams administered by the Office of Community Oriented Policing Serv- SOURCE: Order No. 2825–2006, 71 FR 36193, ices, with references to the Office of June 26, 2006, unless otherwise noted. Justice Programs and its components in such regulations deemed to refer to § 0.123 Federal Detention Trustee. the Office of Community Oriented Po- (a) The Office of the Federal Deten- licing Services, as appropriate. tion Trustee shall be headed by a De- tention Trustee appointed by the At- Subpart U–2—Office on Violence torney General. The Detention Trustee Against Women shall exercise all powers and functions authorized by law related to the deten- SOURCE: Order No. 2811–2006, 71 FR 19827, tion of Federal prisoners in non-Fed- Apr. 18, 2006, unless otherwise noted. eral institutions or otherwise in the custody of the United States Marshals § 0.122 Office on Violence Against Service in accordance with 28 U.S.C. Women. 530C(b)(7). (a) The Director, Office on Violence (b) The Detention Trustee shall: Against Women, under the general au- (1) Manage funds appropriated to the thority of the Attorney General, shall: Department in the exercise of such de- (1) Exercise the powers and perform tention functions. the duties and functions described in (2) Oversee the construction of deten- section 402(3) of title IV of the 21st Cen- tion facilities or housing related to tury Department of Justice Appropria- such detention. tions Authorization Act (Pub. L. 107– (3) Set policy regarding such deten- 273); and tion, and perform such functions as (2) Perform such other duties and may be necessary for the effective pol- functions relating to such duties as icy-level coordination of detention op- may be authorized by law or assigned erations. or delegated by the Attorney General, (4) Oversee contracts for detention consistent with constitutional limits services, including, when the Detention

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Trustee deems appropriate, negotiating Act of 1974 (29 U.S.C. 1111), for deter- purchases and entering into contracts mining whether persons convicted of and intergovernmental agreements for certain crimes may provide services to, detention services, and making re- or be employed by, employment benefit quired determinations and findings for plans. the acquisition of services. (5) Manage the Justice Prisoner and [Order No. 960–81, 46 FR 52349, Oct. 27, 1981] Alien Transportation System. § 0.125 Chairman of U.S. Parole Com- (c) This regulation sets forth the gen- mission. eral functions of the Detention Trustee solely for the purpose of internal De- The Chairman of the United States partment of Justice guidance. It is not Parole Commission shall make any intended to, does not, and may not be temporary assignment of a Commis- relied upon to create any rights, sub- sioner to act as Vice Chairman, Na- stantive or procedural, that are en- tional Appeals Board member, or Re- forceable at law by any party in any gional Commissioner in the case of an matter, civil or criminal. absence or vacancy in the position, without the concurrence of the Attor- Subpart V—United States Parole ney General. Commission § 0.126 Administrative support. The Department of Justice shall fur- CROSS REFERENCE: For regulations per- nish administrative support to the taining to the United States Parole Commis- Commission. sion, see parts 2 and 4 of this chapter. SOURCE: Order No. 663–76, 41 FR 35184, Aug. § 0.127 Indigent prisoners. 20, 1976, unless otherwise noted. The U.S. Parole Commission is au- § 0.124 United States Parole Commis- thorized to exercise the authority vest- sion. ed in the Attorney General by section The U.S. Parole Commission is com- 3569 of title 18, U.S. Code, to make a posed of nine Commissioners of whom finding that a parolee is unable to pay one is designated Chairman. The Com- a fine in whole or in part and to direct mission: release of such parolee based on such (a) Has authority, under 18 U.S.C. finding. 4201 et seq., to grant, modify, or revoke paroles of eligible U.S. prisoners serv- Subpart V–1—Foreign Claims ing sentences of more than 1 year, and Settlement Commission is responsible for the supervision of pa- rolees and prisoners mandatorily released prior to the expiration of their SOURCE: Order No. 960–81, 46 FR 52349, Oct. 27, 1981, unless otherwise noted. sentences, and for the determination of supervisory conditions and terms; § 0.128 Organization. (b) Has responsibility in cases in which the committing court specifies The Foreign Claims Settlement Com- that the Parole Commission shall de- mission of the United States is a sepa- termine the date of parole eligibility of rate agency within the Department of the prisoner; Justice. It is composed of a full-time (c) Has responsibility for deter- Chairman, and two part-time Commis- mining, in accordance with the Labor- sioners. All functions, powers, and du- Management Reporting and Disclosure ties of the Commission not directly re- Act of 1959 (29 U.S.C. 504), whether the lated to adjudicating claims are vested service as officials in the field of orga- in the Chairman of the Commission, in- nized labor or in labor oriented man- cluding the functions set forth in sec- agement positions of persons convicted tion 3 of Reorganization Plan No. 1 of of certain crimes is contrary to the 1954 and the authority to issue rules purposes of that act; and and regulations. The Attorney General (d) Has responsibility under the Em- provides necessary administrative sup- ployee Retirement Income Security port and services to the Commission.

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§ 0.128a General functions. attorneys and client agencies concerning Section 530B and other profes- The Foreign Claims Settlement Com- sional responsibility requirements, in- mission has been authorized to deter- cluding disseminating relevant and mine claims of United States nationals timely information. for loss of property in specific foreign (3) Assemble, centralize and maintain countries as a result of nationalization ethics reference materials, including or other taking by the government of the codes of ethics of the District of those countries by the International Columbia and every state and terri- Claims Settlement Act of 1949, as tory, and any relevant interpretations amended, (22 U.S.C. 1621–1645o); and to thereof. determine claims of U.S. nationals and (4) Coordinate with the relevant liti- organizations in territories of the gating components of the Department United States for damage and loss of to defend attorneys in any disciplinary property as a result of military oper- or other proceeding where it is alleged ations during World War II and claims that they failed to meet their ethical of U.S. military personnel and civilian obligations, provided that the attorney American citizens for having been held made a good-faith effort to ascertain in a captured status in specified areas the ethics requirements and made a during World War II, the Korean con- good-faith effort to comply with those flict and the Vietnam conflict by the requirements. War Claims Act of 1948, as amended (50 (5) Serve as a liaison with the state U.S.C. app. 2001–2017p). and federal bar associations in matters relating to the implementation and in- § 0.128b Regulations. terpretation of Section 530B, and All rules of practice and regulations amendments and revisions to the var- applicable to the management of the ious state ethics codes. affairs of and the adjudication of (6) Perform such other duties and as- claims by the Foreign Claims Settle- signments as deemed necessary from ment Commission of the United States time to time by the Attorney General are published in 45 CFR chapter V. or the Deputy Attorney General. (c) Nothing in this subpart shall be Subpart V–2—Professional construed as affecting the functions or Responsibility Advisory Office overriding the authority of the Office of Legal Counsel as established by 28 CFR 0.25. SOURCE: Order No. 2791–2005, 70 FR 76164, Dec. 23, 2005, unless otherwise noted. Subpart W—Bureau of Alcohol, § 0.129 Professional Responsibility Ad- Tobacco, Firearms, and Explosives visory Office.

(a) The Professional Responsibility SOURCE: Order No. 2650–2003, 68 FR 4926, Advisory Office is headed by a Director Jan. 31, 2003, unless otherwise noted. appointed by the Deputy Attorney General. The Director shall be respon- § 0.130 General functions. sible to, and report directly to, the Subject to the direction of the Attor- Deputy Attorney General and shall be ney General and the Deputy Attorney a member of the Senior Executive General, the Director of the Bureau of Service. Alcohol, Tobacco, Firearms, and Explo- (b) The Professional Responsibility sives shall: Advisory Office shall: (a) Investigate, administer, and en- (1) Advise Department of Justice at- force the laws related to alcohol, to- torneys on specific questions involving bacco, firearms, explosives, and arson, professional responsibility, including and perform other duties as assigned compliance with 28 U.S.C. 530b (‘‘Sec- by the Attorney General, including ex- tion 530B’’), which requires certain fed- ercising the functions and powers of eral attorneys to comply with state the Attorney General under the fol- rules of ethics. lowing provisions of law: (2) Assist or support training and in- (1) 18 U.S.C. chapters 40 (related to formational programs for Department explosives), 44 (related to firearms), 59

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(related to liquor trafficking), and 114 tive jurisdiction set out in paragraph (related to trafficking in contraband (a), under 18 U.S.C. 981 and 982; cigarettes); (2) Seize, forfeit, and remit or miti- (2) Chapter 53 of the Internal Rev- gate the forfeiture of property in ac- enue Code of 1986, 26 U.S.C. chapter 53 cordance with 21 U.S.C. 881 and applica- (related to certain firearms and de- ble Department of Justice regulations. structive devices); (c) Subject to the limitations of 3 (3) Chapters 61 through 80, inclusive, U.S.C. 301, exercise the authorities of of the Internal Revenue Code of 1986, 26 the Attorney General under section 38 U.S.C. chapters 61–80, insofar as they of the Arms Export Control Act, 22 relate to activities administered and U.S.C. 2778, relating to the importation enforced with respect to chapter 53 of of defense articles and defense services, the Internal Revenue Code of 1986, 26 including those authorities set forth in U.S.C. chapter 53; 27 CFR part 47; and (4) 18 U.S.C. 1952 and 3667, insofar as (d) Perform any other function re- they relate to liquor trafficking; lated to the investigation of violent (5) 49 U.S.C. 80303 and 80304, insofar as crime or domestic terrorism as may be they relate to contraband described in delegated to the Bureau of Alcohol, To- section 80302(a)(2) or 80302(a)(5); and bacco, Firearms, and Explosives by the (6) 18 U.S.C. 1956 and 1957, insofar as Attorney General. they involve violations of: (i) 18 U.S.C. 844(f) or (i) (relating to [Order No. 2650–2003, 68 FR 4926, Jan. 31, 2003, explosives or arson), as amended at 77 FR 51699, Aug. 27, 2012; AG (ii) 18 U.S.C. 922(l) (relating to the il- Order No. 3421–2014, 79 FR 12062, Mar. 4, 2014; legal importation of firearms), AG Order No. 3495–2015, 80 FR 9989, Feb. 25, 2015] (iii) 18 U.S.C. 924(n) (relating to ille- gal firearms trafficking), § 0.131 Specific functions. (iv) 18 U.S.C. 1952 (relating to trav- eling in interstate commerce in aid of The Director of the Bureau of Alco- racketeering enterprises insofar as hol, Tobacco, Firearms, and Explosives they concern liquor on which Federal shall: excise tax has not been paid); (a) Operate laboratories in support of (v) 18 U.S.C. 2341–2346 (trafficking in Bureau activities; provide, with or contraband cigarettes); without cost, technical and scientific (vi) Section 38 of the Arms Export assistance, including expert testimony, Control Act, as added by Public Law to Federal, State, or local agencies; 94–329, section 212(a)(1), as amended, 22 and make available the services of the U.S.C. 2778 (relating to the importation laboratories to foreign law enforce- of items on the U.S. Munitions Import ment agencies and courts under proce- List), except violations relating to ex- dures agreed upon by the Secretary of portation, in transit, temporary im- State and the Attorney General; port, or temporary export transactions; (b) Operate the National Explosives (vii) 18 U.S.C. 1961 insofar as the of- Licensing Center to review applica- fense is an act or threat involving tions for explosives licenses and per- arson that is chargeable under State mits; determine the eligibility of appli- law and punishable by imprisonment cants; issue licenses and permits on ap- for more than one year; and proved explosives applications; coordi- (viii) Any offense relating to the pri- nate with field offices the inspection of mary jurisdiction of Bureau of Alcohol, applicants, licensees, and permittees; Tobacco, Firearms, and Explosives that and maintain an explosives license and the United States would be obligated permit database; by a multilateral treaty either to ex- (c) Operate the National Firearms Li- tradite the alleged offender or to sub- censing Center to review applications mit the case for prosecution if the of- for firearms licenses; determine the eli- fender were found within the territory gibility of applicants; issue licenses on of the United States; approved firearms applications; coordi- (b)(1) Investigate, seize, and forfeit nate with field offices the inspection of property involved in a violation or at- applicants and licensees; and maintain tempted violation within the investiga- a firearms license database;

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(d) Maintain and operate the Na- (3) Authorize the testimony of Bu- tional Firearms Registration and reau officials in response to subpoenas Transfer Record (NFRTR), pursuant to or demands issued by the prosecution section 5841 of the Internal Revenue in Federal, State, or local criminal Code of 1986, 26 U.S.C. 5841, as a reg- cases involving offenses under the ju- istry of all National Firearms Act risdiction of the Bureau; and (NFA) firearms in the United States (4) Except as provided in paragraph that are not in the possession or under (i)(1) of this section, authorize all other the control of the United States; production of information or testimony (e) Maintain and operate the Arson of Bureau officials in response to sub- and Explosives National Repository, a poenas or demands of courts or other national repository of information on authorities as governed by subpart B of incidents involving arson and the sus- part 16 of this chapter. pected criminal misuse of explosives, under 18 U.S.C. 846(b); § 0.132 Delegation respecting claims (f) Maintain and operate the National against the Bureau of Alcohol, To- Tracing Center to process requests bacco, Firearms, and Explosives. from Federal, State, local, and foreign (a) The Director of the Bureau of Al- law enforcement agencies for the trac- cohol, Tobacco, Firearms, and Explo- ing of crime guns; and collect and ana- sives is authorized to exercise the lyze trace data, out-of-business power and authority vested in the At- records, reports of firearms stolen or torney General under 31 U.S.C. 3724, lost from the inventories of licensees with regard to claims arising out of the or interstate shipments, and multiple lawful activities of Bureau of Alcohol, sales reports contained in the Firearms Tobacco, Firearms, and Explosives per- Tracing System (FTS), under 18 U.S.C. sonnel, in an amount not to exceed chapter 44; $50,000 in any one case. (g) Establish, maintain and operate (b) The Director of the Bureau of Al- an Explosives Training and Research cohol, Tobacco, Firearms, and Explo- Facility to train Federal, State, and sives is authorized to redelegate the local law enforcement officers to inves- power and authority vested in him by tigate bombings and explosions, prop- paragraph (a) of this section and by 28 erly handle, utilize, and dispose of ex- CFR 0.172 to the Chief Counsel of the plosives materials and devices, train Bureau of Alcohol, Tobacco, Firearms, canines as explosives detection ca- and Explosives and the Chief Counsel’s nines, and conduct research on explo- designee within the Office of Chief sives, as authorized by section 1114 of Counsel. This authority shall not be the Homeland Security Act of 2002; further redelegated below the Asso- (h) Pay awards for information or as- ciate Chief Counsel level. sistance and pay for the purchase of [Order No. 2650–2003, 68 FR 4926, Jan. 31, 2003, evidence or information as authorized as amended by AG Order No. 3330–2012, 77 FR by 28 U.S.C. 524; 26183, May 3, 2012] (i) Subject to applicable statutory re- strictions on the disclosure of records § 0.133 Transition and continuity of of information: regulations. (1) Release information obtained by (a) Except as otherwise provided in the Bureau and Bureau investigative this section, and to the extent applica- reports to Federal, State, and local of- ble to the functions transferred to the ficials engaged in the enforcement of Department of Justice by the Home- laws related to alcohol, tobacco, arson, land Security Act of 2002: firearms, and explosives offenses; (1) The regulations contained in 27 (2) Release information obtained by CFR part 46, subpart F (Distribution of Bureau and Bureau investigative re- Cigarettes), part 47 (Importation of ports to Federal, State, and local pros- Arms, Ammunition and Implements of ecutors, and State licensing boards, en- War), part 55 (Commerce in Explo- gaged in the institution and prosecu- sives), part 178 (Commerce in Firearms tion of cases before courts and licens- and Ammunition), and part 179 (Ma- ing boards related to alcohol, tobacco, chine Guns, Destructive Devices, and arson, firearms and explosives offenses; Certain Other Firearms) as in effect on

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January 23, 2003 (see 27 CFR chapter I, the Department of Justice, the Direc- revised as of July 1, 2002), shall con- tor of the Bureau of Alcohol, Tobacco, tinue in effect with respect to the oper- Firearms, and Explosives, the Bureau ations of the Bureau of Alcohol, To- of Alcohol, Tobacco, Firearms, and Ex- bacco, Firearms, and Explosives ac- plosives or to its officers, employees, cording to their terms until amended, or agents or its corresponding organi- modified, superseded, terminated, set zational units or functions, respec- aside, or revoked in accordance with tively. law. (b) Exceptions. Notwithstanding the (2) The regulations promulgated by provisions of paragraph (a) of this sec- the Department of the Treasury relat- tion, 27 CFR part 72, and 27 CFR 46.155, ing to the Bureau of Alcohol, Tobacco 178.152 and 179.182 as in effect on Janu- and Firearms, or by the Bureau of Al- ary 23, 2003, shall not be deemed appli- cohol, Tobacco and Firearms of the De- cable to the Bureau of Alcohol, To- partment of the Treasury, in effect as bacco, Firearms, and Explosives. of January 23, 2003, shall continue to apply to the operations of the Bureau Subpart W–1—Office of Tribal of Alcohol, Tobacco, Firearms, and Ex- Justice plosives until amended, modified, superseded, terminated, set aside, or re- SOURCE: Order No. 3229–2010, 75 FR 70123, voked in accordance with law, unless Nov. 17, 2010, unless otherwise noted. the application of such regulations would be inconsistent with statutes or § 0.134 Office of Tribal Justice. regulations applicable to the Depart- (a) Organization. The Office of Tribal ment of Justice. Justice is headed by a Director ap- (3) All orders, delegations, deter- pointed by the Attorney General. The minations, rules, personnel actions, Director shall be responsible to, and re- permits, agreements, grants, contracts, port directly to, the Deputy Attorney certificates, licenses, registrations, and General and the Associate Attorney privileges of the Bureau of Alcohol, To- General and shall be a member of the bacco and Firearms completed or in ef- Senior Executive Service. fect as of January 23, 2003, and all mat- (b) Mission. The mission of the Office ters and proceedings pending therein of Tribal Justice shall be to provide a on January 23, 2003, shall continue in principal point of contact within the effect according to their terms, to the Department of Justice to listen to the extent that they relate to the authori- concerns of Indian Tribes and other ties or functions transferred to the De- parties interested in Indian affairs and partment of Justice pursuant to the to communicate the Department’s poli- Homeland Security Act of 2002, until cies to the Tribes and the public; to amended, modified, superseded, termi- promote internal uniformity of Depart- nated, set aside, or revoked in accord- ment of Justice policies and litigation ance with law, unless such application positions relating to Indian country; would be inconsistent with statutes or and to coordinate with other Federal regulations applicable to the Depart- agencies and with State and local gov- ment of Justice. ernments on their initiatives in Indian (4) References in such regulations, or- country. ders, delegations, determinations, (c) Function. Subject to the general rules, personnel actions, permits, supervision and direction of the Deputy agreements, grants, contracts, certifi- Attorney General and the Associate cates, licenses, registrations, and privi- Attorney General, the Office of Tribal leges to the Secretary of Treasury, the Justice shall: Department of Treasury, the Director (1) Serve as the program and legal of the Bureau of Alcohol, Tobacco and policy advisor to the Attorney General Firearms, or the Bureau of Alcohol, with respect to the treaty and trust re- Tobacco and Firearms or its officers, lationship between the United States employees, agents or organizational and Indian Tribes; units or functions shall be deemed to (2) Serve as the Department’s initial refer, as appropriate, on and after Jan- and ongoing point of contact, and as uary 24, 2003, to the Attorney General, the Department’s principal liaison, for

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Federally recognized Tribal govern- Subpart W–2—Additional Assign- ments and Tribal organizations; ments of Functions and Des- (3) Coordinate the Department’s ac- ignation of Officials To Perform tivities, policies, and positions relating the Duties of Certain Offices in to Indian Tribes, including the treaty Case of Vacancy, or Ab- and trust relationship between the sence Therein or in Case of United States and Indian Tribes; Inability or Disqualification to (4) Ensure that the Department and Act its components work with Indian Tribes on a government-to-government § 0.135 Functions common to heads of basis; organizational units. (5) Collaborate with Federal and Subject to the general supervision other government agencies to promote and direction of the Attorney General, consistent, informed government-wide the head of each organizational unit policies, operations, and initiatives re- within the Department shall: lated to Indian Tribes; (a) Direct and supervise the per- (6) Serve as a clearinghouse for co- sonnel, administration, and operation ordination among the various compo- of the office, division, bureau, or board nents of the Department on Federal In- of which he is in charge. dian law issues, and with other Federal (b) Under regulations prescribed by agencies on the development of policy the Attorney General with the ap- or Federal litigation positions involv- proval of the Director of the Office of ing Indians and Indian Tribes; Management and Budget, have author- (7) Coordinate with each component ity to reallot funds allotted by the As- sistant Attorney General for Adminis- of the Department to ensure that each tration and to redelegate to persons component of the Department has an within his organizational unit author- accountable process to ensure mean- ity and responsibility for the reallot- ingful and timely consultation with ment of such funds and control of obli- Tribal leaders in the development of gations and expenditures within re- regulatory policies and other actions allotments. that affect the trust responsibility of (c) Perform such special assignments the United States to Indian Tribes, any as may from time to time be made to Tribal treaty provision, the status of him by the Attorney General. Indian Tribes as sovereign govern- (d) Except as otherwise provided in ments, or any other Tribal interest. this chapter, receive submittals and re- (8) Ensure that the consultation quests relative to the functions of his process of each component of the De- organizational unit. partment is consistent with Executive [Order No. 423–69, 34 FR 20388, Dec. 31, 1969, as Order 13175 and with the Department’s amended by Order No. 445–70, 35 FR 19397, consultation policy; Dec. 23, 1970; Order No. 960–81, 46 FR 52349, (9) Serve, through its Director, as the Oct. 27, 1981. Redesignated by Order No. 2650– official responsible for implementing 2003, 68 FR 4926, Jan. 31, 2003. Further redesignated by Order No. 3229–2010, 75 FR 70123, the Department’s Tribal consultation Nov. 17, 2010] policy and for certifying compliance with Executive Order 13175 to the Of- § 0.136 [Reserved] fice of Management and Budget; and (10) Perform such other duties and § 0.137 Designating officials to perform the functions and duties of certain assignments as deemed necessary from offices in case of absence, disability time to time by the Attorney General, or vacancy. the Deputy Attorney General, or the (a) In case of vacancy in the office of Associate Attorney General. Attorney General, or of his absence or disability, the Deputy Attorney Gen- eral 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

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in office, neither the Attorney General who is not covered by paragraphs (a) or nor the Deputy Attorney General is (b) of this section is absent or disabled. available to exercise the duties of the [Order No. 755–77, 42 FR 59384, Nov. 17, 1977, office of Attorney General, the Asso- as amended by Order No. 1043–84, 49 FR 4469, ciate Attorney General shall, pursuant Feb. 7, 1984; Order No. 1097–85, 50 FR 25708, to 28 U.S.C. 508(b), perform the func- June 21, 1985; Order No. 1858–94, 59 FR 13883, tions and duties of and act as Attorney Mar. 24, 1994; Order No. 2205–99, 64 FR 6526, General. In the event of vacancy, ab- Feb. 10, 1999. Redesignated by Order No. 2650– sence, or disability in each of these of- 2003, 68 FR 4926, Jan. 31, 2003. Further redes- fices, the Solicitor General shall per- ignated by Order No. 3229–2010, 75 FR 70123, Nov. 17, 2010] form the functions and duties of and act as Attorney General. (b) Every office within the Depart- Subpart X—Authorizations With ment to which appointment is required Respect to Personnel and to be made by the President with the Certain Administrative Mat- advice and consent of the Senate ters (‘‘PAS office’’) shall have a First As- sistant within the meaning of the Fed- § 0.138 Federal Bureau of Investiga- tion, Drug Enforcement Administra- eral Vacancies Reform Act of 1998. tion, Bureau of Alcohol, Tobacco, Where there is a position of Principal Firearms, and Explosives, Bureau Deputy to the PAS office, the Principal of Prisons, Federal Prison Indus- Deputy shall be the First Assistant. tries, Immigration and Naturaliza- Where there is no position of Principal tion Service, United States Mar- Deputy to the PAS office, the First As- shals Service, Office of Justice Pro- sistant shall be the person whom the grams, Executive Office for Immi- gration Review, Executive Office Attorney General designates in writ- for United States Attorneys, Execu- ing. tive Office for United States Trust- (c) In the event of a vacancy in the ees. office of the head of an organizational (a) The Director of the Federal Bu- unit that is not covered by paragraphs reau of Investigation, the Adminis- (a) or (b) of this section, the ranking trator of the Drug Enforcement Admin- deputy (or an equivalent official) in istration, the Director of the Bureau of such unit who is available shall per- Alcohol, Tobacco, Firearms, and Explo- form the functions and duties of and sives, the Director of the Bureau of act as such head, unless the Attorney Prisons, the Commissioner of Federal General directs otherwise. Except as Prison Industries, the Commissioner of otherwise provided by law, if there is Immigration and Naturalization Serv- no ranking deputy available, the Attor- ice, the Director of the United States ney General shall designate another of- Marshals Service, the Assistant Attor- ficial of the Department to perform the ney General for the Office of Justice functions and duties of and act as such Programs, the Director of the Execu- head. tive Office for Immigration Review, the (d) The head of an organizational Director of the Executive Office for unit of the Department not covered by United States Attorneys, and the Di- paragraphs (a) or (b) of this section is rector of the Executive Office for authorized, in the case of absence from United States Trustees are, as to their office or disability, to designate the respective jurisdictions, authorized to ranking deputy (or an equivalent offi- exercise the power and authority vest- cial) in the unit who is available to act ed in the Attorney General by law to as head. If there is no deputy available take final action in matters pertaining to act, any other official in such unit to the employment, direction, and general administration (including appoint- may be designated. Alternatively, in ment, assignment, training, promotion, his discretion, the Attorney General demotion, compensation, leave, may designate any official in the De- awards, classification, and separation) partment to act as head when a head of personnel in General Schedule grades GS–1 through GS–15 and in wage

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board positions, but excluding therein accordance with section 686 of title from all attorney and U.S. Marshal po- 31 of the U.S. Code. sitions. Such officials are, as to their [Order No. 423–69, 34 FR 20388, Dec. 31, 1969, as respective jurisdictions, authorized to amended by Order No. 516–73, 38 FR 12918, exercise the power and authority vest- May 17, 1973; Order No. 520–73, 38 FR 18380, ed in the Attorney General by law to July 10, 1973; Order No. 960–81, 46 FR 52350, employ on a temporary basis experts or Oct. 27, 1981; Order No. 2650–2003, 68 FR 4927, consultants or organizations thereof, Jan. 31, 2003] including stenographic reporting services (5 U.S.C. 3109(b)). § 0.141 Audit and ledger accounts. (b) All personnel actions taken under The Director of the Federal Bureau this section shall be subject to post- of Investigation, the Director of the audit and correction by the Assistant Bureau of Prisons, the Commissioner of Attorney General for Administration. Immigration and Naturalization, the Administrator of the Drug Enforce- [Order No. 2250–99, 64 FR 46846, Aug. 27, 1999, ment Administration, the Director of as amended by Order No. 2650–2003, 68 FR 4927, Jan. 31, 2003] the Bureau of Alcohol, Tobacco, Fire- arms, and Explosives, and the Director § 0.139 [Reserved] of the Office of Justice Assistance, Re- search and Statistics are, as to their § 0.140 Authority relating to advertise- respective jurisdictions, authorized to ments, and purchase of certain sup- audit vouchers and to maintain general plies and services. ledger accounts with respect to appro- The Director of the Federal Bureau priations allotted to them. of Investigation, the Director of the [Order No. 423–69, 34 FR 20388, Dec. 31, 1969, as Bureau of Prisons, the Commissioner of amended by Order No. 520–73, 38 FR 18380, Federal Prison Industries, the Commis- July 10, 1973; Order No. 960–81, 46 FR 52350, sioner of Immigration and Naturaliza- Oct. 27, 1981; Order No. 2650–2003, 68 FR 4927, tion, the Administrator of the Drug Jan. 31, 2003] Enforcement Administration, the Di- rector of the Bureau of Alcohol, To- § 0.142 Per diem and travel allow- bacco, Firearms, and Explosives, the ances. Director of the Office of Justice Re- The Director of the Federal Bureau search and Statistics and the Director of Investigation, Director of the Bu- of the United States Marshals Service reau of Prisons, Commissioner of Fed- as to their respective jurisdictions, and eral Prison Industries, Inc., Commis- the Assistant Attorney General for Ad- sioner of Immigration and Naturaliza- ministration, as to all other organization Service, Administrator of the tional units of the Department (includ- Drug Enforcement Administration, Di- ing U.S. Attorneys), are authorized to rector of the Bureau of Alcohol, To- exercise the power and authority vest- bacco, Firearms, and Explosives, Direc- ed in the Attorney General by law to tor of the United States Marshals Serv- take final action in the following-de- ice, and Assistant Attorney General, scribed matters: Office of Justice Programs, as to their (a) Authorizing the publication of ad- respective jurisdictions, and the Assist- vertisements, notices, or proposals ant Attorney General for Administra- under (44 U.S.C. 3702). tion as to all other organizational units of the Department (including (b) Making determinations as to the U.S. Attorneys), except as provided in acquisition of articles, materials, or paragraphs (f) and (g) of this section, supplies in accordance with sections 2 are authorized to exercise the author- and 3 of the Buy American Act (47 Stat. ity of the Attorney General to take 1520; 41 U.S.C. 10a, 10b). final action in the following matters: (c) Placing orders with other agen- (a) Authorizing travel, subsistence, cies of the Government for materials or and mileage allowances under sections services, and accepting orders therefor, 5702–5707 of title 5 of the U.S. Code in accordance with regulations prescribed

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by the Administrator of General Serv- Finding Aids section of the printed volume ices and the Assistant Attorney Gen- and at www.govinfo.gov. eral for Administration. (b) Fixing rates in accordance with § 0.143 Incentive Award Program. sections 5702–5704 and 5707 of title 5, The Director of the Federal Bureau U.S. Code, and regulations prescribed of Investigation, the Director of the by the Administrator of General Serv- Bureau of Prisons, the Commissioner of ices and the Assistant Attorney Gen- Federal Prison Industries, the Admin- eral for Administration. istrator of the Drug Enforcement Ad- (c) Authorizing travel advances pur- ministration, the Director of the Bu- suant to 5 U.S.C. 5705 in accordance reau of Alcohol, Tobacco, Firearms, with the regulations prescribed by the and Explosives, the Assistant Attorney Administrator of General Services and General for the Office of Justice Pro- the Assistant Attorney General for Ad- grams, the Director of the Executive ministration. Office for U.S. Attorneys, the Director (d) Authorizing travel and transpor- of the Executive Office for U.S. Trust- tation expenses, and, when applicable, ees, the Director of the Executive Of- relocation expenses for transferred em- fice for Immigration Review, and the ployees, new appointees and student Director of the U.S. Marshals Service, trainees, in accordance with 5 U.S.C. as to their respective jurisdictions, and 5721–5733 and regulations prescribed by the Assistant Attorney General for Ad- the Administrator of General Services ministration, as to all other organiza- and the Assistant Attorney General for tional units of the Department, are au- Administration. thorized to exercise the power and au- (e) Authorizing or approving, for pur- thority vested in the Attorney General poses of security, the use of compart- by law with respect to the administra- ments or other transportation accom- tion of the Incentive Award Program modations superior to lowest first-class and to approve honorary awards and accommodations under applicable trav- cash awards under such program not in el regulations subject to 5 U.S.C. 5731. excess of $7,500 for personnel in General (f) The heads of Offices, Boards and Schedule grades GS–1 through GS–15, Divisions, in addition to the Bureaus, administratively determined pay sys- have the authority to approve the use tems, and wage board positions, but ex- of cash in excess of $100 in lieu of Gov- cluding all Schedule C positions. ernment Transportation Requests in emergency circumstances, in accord- [Order No. 2949–2008, 73 FR 8816, Feb. 15, 2008] ance with regulations prescribed by the § 0.144 Determination of basic work- Administrator of the General Services week. Administration. (g) The Director of the Federal Bu- The Director of the Federal Bureau reau of Investigation, the Director of of Investigation, Director of the Bu- the Bureau of Alcohol, Tobacco, Fire- reau of Prisons, Commissioner of Fed- arms, and Explosives, and the Adminis- eral Prison Industries, Inc., Commis- trator of the Drug Enforcement Admin- sioner of the Immigration and Natu- istration are authorized to approve ralization Service, Administrator of travel expenses of newly appointed spe- the Drug Enforcement Administration, cial agents and the transportation ex- Director of the Bureau of Alcohol, To- penses of their families and household bacco, Firearms, and Explosives, Direc- goods and personal effects from place tor of the Office of Justice Assistance, of residence at time of selection to the Research and Statistics, Director of first duty station, in accordance with the Executive Office for United States 28 U.S.C. 530 and regulations prescribed Attorneys and Director of the United by the Assistant Attorney General for States Marshals Service, as to their re- Administration. spective jurisdictions, and the Assist- ant Attorney General for Administra- [Order No. 423–69, 34 FR 20388, Dec. 31, 1969] tion, as to all other organizational EDITORIAL NOTE: For FEDERAL REGISTER ci- units of the Department, are author- tations affecting § 0.142, see the List of CFR ized to exercise the authority vested in Sections Affected, which appears in the the Attorney General by 5 U.S.C.

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6101(a), to determine that the organiza- of the U.S. Marshals Service shall each tional unit concerned would be seri- have custody of the seal pertaining to ously handicapped in carrying out its his respective jurisdiction and he, or functions or that costs would be sub- such person or persons as he may des- stantially increased except upon modi- ignate, may execute under seal any fication of the basic workweek, and certification required to authenticate when such determination is made to fix any books, records, papers, or other the basic workweek of officers and em- documents as true copies of official ployees of the unit concerned. records of their respective jurisdic- [Order No. 960–81, 46 FR 52350, Oct. 27, 1981, as tions. The Assistant Attorney General amended by Order No. 2650–2003, 68 FR 4928, for Administration shall have custody Jan. 31, 2003] of the seal of the Department of Jus- tice, and he, or such person or persons § 0.145 Overtime pay. as he may designate, may execute The Director of the Federal Bureau under seal any certification required to of Investigation, the Director of the authenticate any books, records, pa- Bureau of Prisons, the Commissioner of pers, or other documents as true copies Federal Prison Industries, the Commis- of official records of the Department of sioner of Immigration and Naturaliza- Justice. He may also prescribe regulation, the Administrator of the Drug tions governing the use of the seal of Enforcement Administration, the Di- rector of the Bureau of Alcohol, To- the Department and various organiza- bacco, Firearms, and Explosives, the tional units. Director of the Office of Justice Assist- [Order No. 423–69, 34 FR 20388, Dec. 31, 1969, as ance, Research and Statistics and the amended by Order No. 516–73, 38 FR 12918, Director of the U.S. Marshals Service May 17, 1973; Order No. 520–73, 38 FR 18380, as to their respective jurisdictions, and July 10, 1973; Order No. 960–81, 46 FR 52350, the Assistant Attorney General for Ad- Oct. 27, 1981; Order No. 2650–2003, 68 FR 4928, ministration, as to all other organiza- Jan. 31, 2003] tional units of the Department (including U.S. Attorneys), may, subject to § 0.147 Certification of obligations. any regulations which the Attorney The following designated officials are General may prescribe, authorize over- authorized to make the certifications time pay (including additional com- required by 31 U.S.C. 200(c): For the pensation in lieu of overtime of not Federal Bureau of Investigation, the less than 10 percent nor more than 25 Assistant Director, Administrative percent pursuant to section 5545(c)(2) of Services Division; for the Bureau of title 5, U.S. Code) for such positions as Prisons, the Assistant Director for may be designated by them. Planning and Development; for Federal [Order No. 423–69, 34 FR 20388, Dec. 31, 1969, as Prison Industries, Inc., the Secretary; amended by Order No. 516–73, 38 FR 12918, for the Immigration and Naturaliza- May 17, 1973; Order No. 520–73, 38 FR 18380, tion Service, the Comptroller; for the July 10, 1973; Order No. 960–81, 46 FR 52350, Drug Enforcement Administration, the Oct. 27, 1981; Order No. 2650–2003, 68 FR 4928, Director of the Office of Administra- Jan. 31, 2003] tion and Management; for the Bureau § 0.146 Seals. of Alcohol, Tobacco, Firearms, and Ex- plosives, the Assistant Director, Man- The Director of the Federal Bureau agement; for the Office of Justice As- of Investigation, the Director of the sistance, Research and Statistics, the Bureau of Prisons, the Commissioner of Comptroller; and for all other organiza- Federal Prison Industries, the Commis- sioner of Immigration and Naturaliza- tional units of the Department (includ- tion, the Chairman of the Board of Pa- ing U.S. Attorneys and U.S. Marshals), role, the Administrator of the Drug En- the Deputy Assistant Attorney Gen- forcement Administration, the Direc- eral, Office of the Controller, Justice tor of the Bureau of Alcohol, Tobacco, Management Division. Firearms, and Explosives, the Director [Order No. 972–82, 47 FR 9823, Mar. 8, 1982, as of the Office of Justice Assistance, Re- amended by Order No. 2650–2003, 68 FR 4928, search and Statistics, and the Director Jan. 31, 2003]

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§ 0.148 Certifying officers. ment and maintenance of such ac- The Director of the Federal Bureau counts in accordance with the provi- of Investigation, the Director of the sions set forth in the Treasury Finan- Bureau of Prisons, the Commissioner of cial Manual, Volume I, Part 4, Chapter the Federal Prison Industries, Inc., the 3000. Existing authorizations to request Commissioner of the Immigration and designations of disbursing employees Naturalization Service, the Adminis- shall remain in effect until terminated trator of the Drug Enforcement Admin- by the official who by this section istration, the Director of the Bureau of would be authorized to request such Alcohol, Tobacco, Firearms, and Explo- designations. sives, Assistant Attorney General for [Order No. 1142–86, 51 FR 25049, July 10, 1986, the Office of Justice Programs, the Di- as amended by Order No. 2650–2003, 68 FR rector of the United States Marshals 4928, Jan. 31, 2003] Service, and the Director of the Execu- tive Office for United States Attorneys, § 0.150 Collection of erroneous pay- as to their respective jurisdictions, and ments. the Assistant Attorney General for Ad- The Director of the Federal Bureau ministration, as to all other organizational units of the Department are au- of Investigation for the FBI and the thorized to designate employees to cer- Assistant Attorney General for Admin- tify vouchers. istration for all other organizational units of the Department are author- [Order No. 1142–86, 51 FR 25049, July 10, 1986, ized, in accordance with the regula- as amended by Order No. 2650–2003, 68 FR tions prescribed by the Attorney Gen- 4928, Jan. 31, 2003] eral under section 5514(b) of title 5, § 0.149 Cash payments. U.S. Code, to collect indebtedness resulting from erroneous payments to (a) The Director of the Federal Bu- employees. reau of Investigation, the Director of the Bureau of Prisons, the Commis- [Order No. 634–75, 40 FR 58644, Dec. 18, 1975] sioner of the Federal Prison Industries, Inc., the Commissioner of the Immigra- § 0.151 Administering oath of office. tion and Naturalization Service, the The Director of the Federal Bureau Administrator of the Drug Enforce- of Investigation, the Director of the ment Administration, the Director of Bureau of Prisons, the Commissioner of the Bureau of Alcohol, Tobacco, Fire- Federal Prison Industries, the Commis- arms, and Explosives, the Assistant At- sioner of Immigration and Naturaliza- torney General for the Office of Justice Programs, the Director of the United tion, the Administrator of the Drug States Marshals Service, and the Direc- Enforcement Administration, the Di- tor of the Executive Office for United rector of the Bureau of Alcohol, To- States Attorneys, as to their respective bacco, Firearms, and Explosives, the jurisdictions, and the Assistant Attor- Director of the Office of Justice Assist- ney General for Administration, as to ance, Research and Statistics, the Di- all other organizational units of the rector of the Executive Office for U.S. Department, are authorized to: Attorneys, and the Director of the U.S. (1) Request Department of the Treas- Marshals Service, as to their respective ury designation of disbursing employ- jurisdictions, and the Assistant Attor- ees (including cashiers), ney General for Administration, as to (2) Approve waivers of the Depart- all other organizational units of the ment of the Treasury maximum limita- Department are authorized to des- tion on routine payments of cash from ignate, in writing, pursuant to the pro- imprest funds, and visions of sections 2903(b) and 2904 of (3) Approve requests to place imprest title 5, U.S. Code, officers or employees funds in depositary cash demand with- to administer the oath of office re- drawal accounts and establish the max- quired by section 3331 of title 5, U.S. imum amount of each account. Code, and to administer any other oath (b) Guidelines are to be promulgated by each component for the establish-

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required by law in connection with em- other organizational units of the De- ployment in the executive branch of partment, are hereby authorized to ex- the Federal Government. ercise the authority vested in the At- torney General by 5 U.S.C. 4109, with [Order No. 423–69, 34 FR 20388, Dec. 31, 1969, as amended by Order No. 516–73, 38 FR 12918, respect to the selection and assignment May 17, 1973; Order No. 520–73, 38 FR 18380, of employees for training by, in, or July 10, 1973; Order No. 772–78, 43 FR 14009, through Government facilities and the Apr. 4, 1978; Order No. 960–81, 46 FR 52351, payment or reimbursement of expenses Oct. 27, 1981; Order No. 2650–2003, 68 FR 4928, for such training. Jan. 31, 2003] [Order No. 960–81, 46 FR 52351, Oct. 27, 1981, as § 0.152 Approval of funds for attend- amended by Order No. 2650–2003, 68 FR 4928, ance at meetings. Jan. 31, 2003] The Director of the Federal Bureau § 0.154 Advance and evacuation pay- of Investigation, the Director of the ments and special allowances. Bureau of Prisons, the Commissioner of The Director of the Federal Bureau Immigration and Naturalization, the of Investigation, the Director of the Administrator of the Drug Enforce- Bureau of Prisons, the Commissioner of ment Administration, the Director of Federal Prison Industries, the Commis- the Bureau of Alcohol, Tobacco, Fire- sioner of Immigration and Naturaliza- arms, and Explosives, and the Director tion, the Administrator of the Drug of the Office of Justice Assistance, Re- Enforcement Administration, the Di- search and Statistics, as to their re- rector of the Bureau of Alcohol, To- spective jurisdictions, and the Assist- bacco, Firearms, and Explosives, the ant Attorney General for Administra- Director of the United States Marshals tion, as to all other organizational Service, and the Director of the Office units of the Department (including of Justice Assistance, Research and U.S. Attorneys and Marshals), are au- Statistics, as to their respective juris- thorized to exercise the power and au- dictions, and the Assistant Attorney thority vested in the Attorney General General for Administration, as to all by law to prescribe regulations for the other organizational units of the De- expenditure of appropriated funds partment (including U.S. Attorneys), available for expenses of attendance at are hereby authorized to exercise the meetings of organizations. authority vested in the Attorney Gen- [Order No. 423–69, 34 FR 20388, Dec. 31, 1969, as eral by sections 5522–5527 of title 5, U.S. amended by Order No. 520–73, 38 FR 18380, Code, and Executive Order 10982 of De- July 10, 1973; Order No. 960–81, 46 FR 52351, cember 25, 1961, and to administer the Oct. 27, 1981; Order No. 2650–2003, 68 FR 4928, regulations adopted by the Attorney Jan. 31, 2003] General in Order No. 269–62 with respect to advance and evacuation pay- § 0.153 Selection and assignment of ments and special allowances. employees for training. The Director of the Federal Bureau [Order No. 423–69, 34 FR 20388, Dec. 31, 1969, as amended by Order No. 520–73, 38 FR 18380, of Investigation, the Director of the July 10, 1973; Order No. 565–74, 39 FR 15877, Bureau of Prisons, the Commissioner of May 6, 1974; Order No. 960–81, 46 FR 52351, Federal Prison Industries, Inc., the Oct. 27, 1981; Order No. 2650–2003, 68 FR 4928, Commissioner of the Immigration and Jan. 31, 2003] Naturalization Service, the Adminis- trator of the Drug Enforcement Admin- § 0.155 Waiver of claims for erroneous istration, the Director of the Bureau of payments of pay and allowances. Alcohol, Tobacco, Firearms, and Explo- The Director of the Federal Bureau sives, the Director of the Office of Jus- of Investigation, the Director of the tice Assistance, Research and Statis- Bureau of Prisons, the Commissioner of tics, the Director of the Executive Of- Federal Prison Industries, the Commis- fice for United States Attorneys and sioner of Immigration and Naturaliza- the Director of the United States Mar- tion, the Administrator of the Drug shals Service, as to their respective ju- Enforcement Administration, the Di- risdictions, and the Assistant Attorney rector of the Bureau of Alcohol, To- General for Administration, as to all bacco, Firearms, and Explosives, and

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the Director of the Office of Justice As- (c) Except as to the position of Dep- sistance, Research and Statistics, as to uty Director of the FBI (which remains their respective jurisdictions, and the subject to the exclusive authority of Assistant Attorney General for Admin- the Attorney General), the FBI-DEA istration as to all other organizational SES is subject to the overall super- units of the Department (including vision and direction of the Deputy At- U.S. Attorneys and Marshals) are au- torney General, who shall ensure that thorized to exercise the authority the FBI-DEA SES is designed and ad- under 5 U.S.C. 5584 for the waiver of ministered in compliance with all stat- claims of the United States for erro- utory and regulatory requirements. neous payments of pay and allowances (d) The Attorney General retains the to employees of the Department of Jus- authority to recommend members of tice. the FBI-DEA SES for Presidential Rank Awards. [Order No. 514–73, 38 FR 12110, May 17, 1973, as amended by Order No. 520–73, 38 FR 18380, [Order No. 1600–92, 57 FR 31314, July 15, 1992, July 10, 1973; Order No. 960–81, 46 FR 52351, as amended by Order No. 1975–95, 60 FR 35335, Oct. 27, 1981; Order No. 2650–2003, 68 FR 4928, July 7, 1995; Order No. 2250–99, 64 FR 46846, Jan. 31, 2003; Order No. 2735–2004, 69 FR 57640, Aug. 27, 1999] Sept. 27, 2004] § 0.158 [Reserved] § 0.156 Execution of U.S. Marshals’ deeds or transfers of title. § 0.159 Redelegation of authority. A chief deputy or deputy U.S. Mar- Except as to the authority delegated shal who sells property—real, personal, by § 0.147, the authority conferred by or mixed—on behalf of a U.S. Marshal, this subpart X upon heads of organizational units may be redelegated by may execute a deed or transfer of title them, respectively, to any of their sub- to the purchaser on behalf of and in the ordinates. Existing delegations of au- name of the U.S. Marshal. thority to officers and employees and § 0.157 Federal Bureau of Investiga- to U.S. Attorneys, not inconsistent tion—Drug Enforcement Adminis- with this subpart X, made by any offi- tration Senior Executive Service. cer named in this section or by the As- sistant Attorney General for Adminis- (a) Pursuant to 5 U.S.C. 3151, there is tration, shall continue in force and ef- established a personnel system for sen- fect until modified or revoked. ior personnel within the Federal Bu- reau of Investigation (FBI) and the [Order No. 543–73, 38 FR 29587, Oct. 26, 1973] Drug Enforcement Administration (DEA) to be known as the FBI-DEA Subpart Y—Authority To Com- Senior Executive Service (FBI-DEA promise and Close Civil SES). Claims and Responsibility for (b) Pursuant to 5 U.S.C. 3151(b)(2)(B), Judgments, Fines, Penalties, a career employee in the civil service is and Forfeitures one who occupies, or who within the last 5 years occupied, a permanent po- § 0.160 Offers that may be accepted by sition in the competitive service, a ca- Assistant Attorneys General. reer-type permanent position in the ex- (a) Subject to the limitations set cepted service, or a permanent position forth in paragraph (d) of this section, in the SES while serving under a career Assistant Attorneys General are au- appointment. A career-type permanent thorized, with respect to matters as- position in the excepted service does signed to their respective divisions, to: not include: (1) Accept offers in compromise of (1) A Schedule C position authorized claims asserted by the United States in under 5 CFR 213.3301; all cases in which the difference be- (2) A position that meets the same tween the gross amount of the original criteria as a Schedule C position; and claim and the proposed settlement does (3) A position where the incumbent is not exceed $10,000,000 or 15 percent of traditionally removed upon a change in the original claim, whichever is great- Presidential Administration. er;

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(2) Accept offers in compromise of presented, or because of opposition to claims asserted by the United States in the proposed settlement by a depart- all cases in which a qualified financial ment or agency involved, or for any expert has determined that the offer in other reason, the proposed settlement compromise is likely the maximum should receive the personal attention that the offeror has the ability to pay; of the Deputy Attorney General or the (3) Accept offers in compromise of, or Associate Attorney General, as appro- settle administratively, claims against priate; the United States in all cases in which (3) When the proposed settlement the principal amount of the proposed converts into a mandatory duty the settlement does not exceed $4,000,000; otherwise discretionary authority of a and department or agency to promulgate, (4) Accept offers in compromise in all nonmonetary cases. revise, or rescind regulations; (b) Subject to the limitations set (4) When the proposed settlement forth in paragraph (d) of this section, commits a department or agency to ex- the Assistant Attorney General, Tax pend funds that Congress has not ap- Division, is further authorized to ac- propriated and that have not been cept offers in compromise of, or settle budgeted for the action in question, or administratively, claims against the commits a department or agency to United States, regardless of the seek particular appropriation or budget amount of the proposed settlement, in authorization; or all cases in which the Joint Committee (5) When the proposed settlement on Taxation has indicated that it has otherwise limits the discretion of a de- no adverse criticism of the proposed partment or agency to make policy or settlement. managerial decisions committed to the (c) Subject to the limitations set department or agency by Congress or forth in paragraph (d) of this section, by the Constitution. the Assistant Attorney General, Envi- ronment and Natural Resources Divi- [Order No. 1958–95, 60 FR 15674, Mar. 27, 1995, sion, is further authorized to approve as amended by Order No. 3001–2008, 73 FR settlements under the Comprehensive 54947, Sept. 24, 2008; AG Order No. 3532–2015, Environmental Response, Compensa- 80 FR 30618, May 29, 2015] tion and Liability Act, 42 U.S.C. 9601 et § 0.161 Acceptance of certain offers by seq., regardless of the amount of the the Deputy Attorney General or As- proposed settlement, with: sociate Attorney General, as appro- (1) Parties whose contribution to priate. contamination at a hazardous waste site is de minimis within the meaning of (a) In all cases in which the accept- 42 U.S.C. 9622(g); or ance of a proposed offer in compromise (2) Parties whose responsibility can would exceed the authority delegated be equitably allocated and are paying by § 0.160, the Assistant Attorney Gen- at least the allocated amount. eral concerned shall, when he is of the (d) Any proposed settlement, regard- opinion that the proposed offer should less of amount or circumstances, must be accepted, transmit his recommenda- be referred to the Deputy Attorney tion to that effect to the Deputy Attor- General or the Associate Attorney ney General or the Associate Attorney General, as appropriate: General, as appropriate. (1) When, for any reason, the com- (b) The Deputy Attorney General or promise of a particular claim would, as the Associate Attorney General, as ap- a practical matter, control or ad- propriate, is authorized to exercise the versely influence the disposition of settlement authority of the Attorney other claims and the compromise of all General as to all claims asserted by or the claims taken together would ex- against the United States. ceed the authority delegated by paragraph (a) of this section; or [Order No. 1958–95, 60 FR 15675, Mar. 27, 1995] (2) When the Assistant Attorney Gen- eral concerned is of the opinion that because of a question of law or policy

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§ 0.162 Offers which may be rejected tion to the proposed closing by the de- by Assistant Attorneys General. partment or agency involved, or for Each Assistant Attorney General is any other reason, the proposed closing authorized, with respect to matters as- should receive the personal attention signed to his division or office, to re- of the Attorney General, the Deputy ject offers in compromise of any claims Attorney General or the Associate At- in behalf of the United States, or, in torney General, as appropriate. compromises or administrative actions [Order No. 1958–95, 60 FR 15675, Mar. 27, 1995] to settle, against the United States, except in those cases which come under § 0.165 Recommendations to the Dep- § 0.160(d)(2). uty Attorney General or Associate [Order No. 423–69, 34 FR 20388, Dec. 31, 1969, as Attorney General, as appropriate, amended by Order No. 445–70, 35 FR 19397, that certain claims be closed. Dec. 23, 1970; Order No. 960–81, 46 FR 52352, In all cases in which the closing of a Oct. 27, 1981; AG Order No. 3532–2015, 80 FR claim asserted by the United States 30618, May 29, 2015] would exceed the authority delegated § 0.163 Approval by Solicitor General by §§ 0.160(a) and 0.164, the Assistant of action on compromise offers in Attorney General concerned shall, certain cases. when he is of the opinion that the In any Supreme Court case the ac- claim should be closed, transmit his ceptance, recommendation of accept- recommendation to that effect, to- ance, or rejection, under § 0.160, § 0.161, gether with a report on the matter, to or § 0.162, of a compromise offer by the the Deputy Attorney General or the Assistant Attorney General concerned, Associate Attorney General, as appro- shall have the approval of the Solicitor priate, for review and final action. General. In any case in which the So- Such report shall be in such form as licitor General has authorized an ap- the Deputy Attorney General or the peal to any other court, a compromise Associate Attorney General may re- offer, or any other action, which would quire. terminate the appeal, shall be accepted [Order No. 1958–95, 60 FR 15675, Mar. 27, 1995] or acted upon by the Assistant Attor- ney General concerned only upon ad- § 0.166 Memorandum pertaining to vice from the Solicitor General that closed claim. the principles of law involved do not require appellate review in that case. In each case in which a claim is closed under § 0.164 the Assistant Attor- § 0.164 Civil claims that may be closed ney General concerned shall execute by Assistant Attorneys General. and place in the file pertaining to the Assistant Attorneys General are au- claim a memorandum which shall con- thorized, with respect to matters as- tain a description of the claim and a signed to their respective divisions, to full statement of the reasons for clos- close (other than by compromise or by ing it. entry of judgment) claims asserted by the United States in all cases in which § 0.167 Submission to Associate Attor- they would have authority to accept ney General by Director of Office of Alien Property of certain proposed offers in compromise of such claims allowances and disallowances. under § 0.160(a), except: (a) When for any reason, the closing In addition to the matters which he of a particular claim would, as a prac- is required to submit to the Associate tical matter, control or adversely in- Attorney General under preceding sec- fluence the disposition of other claims tions of this subpart Y, the Director of and the closing of all the claims taken the Office of Alien Property, shall sub- together would exceed the authority mit to the Associate Attorney General delegated by this section; or for such review as he may desire to (b) When the Assistant Attorney make the following: General concerned is of the opinion (a) Any proposed allowance by the that because of a question of law or Director, without hearing, of a title or policy presented, or because of opposi- debt claim.

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(b) Any final determination of a title over a proposed settlement that cannot of debt claim, whether by allowance or be resolved below the Assistant Attor- disallowance. ney General level must be presented to (c) Any proposed allowance or dis- the Assistant Attorney General for res- allowance by the Director, without olution. hearing, of a title claim under section (b) Redelegations of authority under 9(a) of the Trading with the Enemy this section shall be in writing and Act, as amended, filed less than 2 years shall be approved by the Deputy Attor- after the date of vesting in or transfer ney General or the Associate Attorney to the Alien Property Custodian or the General, as appropriate, before taking Attorney General of the property or in- effect. terest in respect of which the claim is (c) Existing delegations and redelega- made: tions of authority to subordinate divi- Provided, That any such title or debt sion officials and United States Attor- claim is within one of the following-de- neys to compromise or close civil scribed categories. claims shall continue in effect until (1) Any title claim which involves the modified or revoked by the respective return of assets having a value of Assistant Attorneys General. $50,000 or more, or any debt claim in (d) Subject to the limitations set the amount of $50,000 or more. forth in § 0.160(d) and paragraph (a) of (2) Any title claim which will, as a this section, redelegations by the As- practical matter, control the disposi- sistant Attorneys General to United tion of related title claims involving, States Attorneys may include the au- with the principal claim, assets having thority to: a value of $50,000 or more; or any debt (1) Accept offers in compromise of claim which will, as a practical matter, claims asserted by the United States in control the disposition of related debt all cases in which the gross amount of claims in the aggregate amount, in- the original claim does not exceed cluding the principal claim, of $50,000 $10,000,000; and or more. (2) Accept offers in compromise of, or (3) Any title claim or debt claim pre- settle administratively, claims against senting a novel question of law or a the United States in all cases in which question of policy which, in the opinion the principal amount of the proposed of the Director, should receive the per- settlement does not exceed $1,000,000. sonal attention of the Associate Attor- ney General or the Attorney General. [Order No. 1958–95, 60 FR 15675, Mar. 27, 1995, (d) Any sale or other disposition of as amended by AG Order No. 3532–2015, 80 FR vested property involving assets of 30618, May 29, 2015] $50,000 or more. § 0.169 Definition of ‘‘gross amount of [Order No. 423–69, 34 FR 20388, Dec. 31, 1969, as the original claim’’. amended by Order No. 445–70, 35 FR 19397, (a) The phrase gross amount of the Dec. 23, 1970; Order No. 543–73, 38 FR 29587, original claim as used in this subpart Y Oct. 26, 1973; Order No. 568–74, 39 FR 18646, May 29, 1974; Order No. 699–77, 42 FR 15315, and as applied to any civil fraud claim Mar. 21, 1977; Order No. 960–81, 46 FR 52352, described in § 0.45(d), shall mean the Oct. 27, 1981] amount of single damages involved. (b) The phrase gross amount of the § 0.168 Redelegation by Assistant At- original claim as used in this subpart Y torneys General. and as applied to any civil claim (a) Assistant Attorneys General are brought under section 592 of the Tariff authorized, with respect to matters as- Act of 1930, as amended (see § 0.45(c)), signed to their respective divisions, to shall mean the actual amount of lost redelegate to subordinate division offi- customs duties involved. In nonrevenue cials and United States Attorneys any loss cases brought under section 592 of of the authority delegated by §§ 0.160 the Tariff Act of 1930, as amended, the (a), (b), and (c), 0.162, 0.164, and 0.172(b), phrase gross amount of the original claim except that any disagreement between shall mean the amount demanded in a United States Attorney or other De- the United States Customs and Border partment attorney and a client agency Protection’s mitigation decision issued

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pursuant to 19 U.S.C. 1618 or, if no miti- tax lien provisions to criminal fines, gation decision has been issued, the for issuance by the Attorney General. gross amount of the original claim shall (d) The United States Attorney for mean twenty percent of the dutiable the judicial district in which a crimi- value of the merchandise. nal monetary penalty has been imposed [Order No. 2343–2000, 65 FR 78414, Dec. 15, 2000, is authorized to receive all notifica- as amended by AG Order No. 3532–2015, 80 FR tions of payment, certified copies of 30619, May 29, 2015] judgments or orders, and notifications of change of address pertaining to an § 0.170 Interest on monetary limits. unpaid fine, which are otherwise re- In computing the gross amount of quired to be delivered to the Attorney the original claim and the amount of General pursuant to 18 U.S.C. 3612. If the proposed settlement pursuant to an Assistant Attorney General of a liti- this subpart Y, accrued interest shall gating division has notified the United be excluded. States Attorney, pursuant to paragraph (a) of this section that such divi- § 0.171 Judgments, fines, penalties, sion will assume responsibility for en- and forfeitures. forcement of a criminal monetary pen- (a) Each United States Attorney alty, the United States Attorney shall shall be responsible for conducting, promptly transmit such notifications handling, or supervising such litigation and certified copies of judgments or or- or other actions as may be appropriate ders to such division. to accomplish the satisfaction, collec- (e) With respect to cases assigned to tion, or recovery of judgments, fines, his office, each United States Attor- penalties, and forfeitures (including ney— bail bond forfeitures) imposed in his (1) Shall be responsible for collection district, unless the Assistant Attorney of any unpaid fine with respect to General, or his delegate, of the liti- which a certification has been issued as gating division which has jurisdiction provided in 18 U.S.C. 3612(b); of the case in which such judgment, fine, penalty or forfeiture is imposed (2) Shall provide notification of de- notifies the United States Attorney in linquency or default of any fine as pro- writing that the division will assume vided in 18 U.S.C. 3612 (d) and (e); such enforcement responsibilities. (3) May waive all or any part of any (b) Each U.S. Attorney shall des- interest or penalty relating to a fine ignate an Assistant U.S. Attorney, and imposed under any prior law if, as de- such other employees as may be nec- termined by such United States Attor- essary, or shall establish an appro- ney, reasonable efforts to collect the priate unit within his office, to be re- interest or penalty are not likely to be sponsible for activities related to the effective; and satisfaction, collection, or recovery, as (4) Is authorized to accept delivery of the case may be, of judgments, fines, the amount or property due as restitu- penalties, and forfeitures (including tion for transfer to the victim or per- bail-bond forfeitures). son eligible under 18 U.S.C. 3663 (or (c) The Director of the Executive Of- under 18 U.S.C. 3579 (f)(4) with respect fice for United States Attorneys shall to offenses committed prior to Novem- be responsible for the establishment of ber 1, 1987). policy and procedures and other appro- (f) With respect to offenses com- priate action to accomplish the satis- mitted after December 31, 1984, and faction, collection, or recovery of fines, prior to November 1, 1987, each United special assessments, penalties, inter- States Attorney is authorized with re- est, bail bond forfeitures, restitution, spect to cases assigned to his office— and court costs arising from the prosecution of criminal cases by the De- (1) At his discretion, to declare the partment of Justice and the United entire unpaid balance of a fine or pen- States Attorneys. He shall also prepare alty payable immediately in accord- regulations required by 18 U.S.C. ance with 18 U.S.C. 3565(b)(3); 3613(c), pertaining to the application of

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(2) If a fine or penalty exceeds $500, to hol, Tobacco, Firearms, and Explosives receive a certified copy of the judg- shall have authority under section 2672 ment, otherwise required to be deliv- of title 28, United States Code, relating ered by the clerk of the court to the to the administrative settlement of Attorney General; Federal tort claims, to consider, ascer- (3) When a fine or penalty is satisfied tain, adjust, determine, compromise, as provided by law, and settle any claim involving their re- (i) To file with the court a notice of spective components, provided that satisfaction of judgment if the defend- any award, compromise, or settlement ant makes a written request to the shall not exceed $50,000. United States Attorney for such filing; (b) Limitations on authority. Any pro- or, posed award, compromise, or settle- (ii) If the amount of the fine or pen- ment under section 2672 of title 28, alty exceeds $500 to enter into a written agreement with the defendant to United States Code, must be referred to extend the twenty-year period of obli- the Assistant Attorney General in gation to pay fine. charge of the Civil Division, or his (g) With respect to offenses com- delegee, when— mitted prior to November 1, 1987, each (1) Because a significant question of United States Attorney is hereby au- law or policy is presented, or for any thorized, with respect to the discharge other reason, the head of the referring of indigent prisoners under 18 U.S.C. component is of the opinion that the 3569, to make a finding as to whether proposed award, compromise, or settle- the retention by a convict of property, ment should receive the personal at- in excess of that which is by law ex- tention of the Assistant Attorney Gen- empt from being taken on civil process eral or his delegee; for debt, is reasonably necessary for (2) Two or more claims arise from the the convict’s support or that of his same subject matter and the total family. amount of any award, compromise, or (h) The Director of the Bureau of settlement of all claims will or may ex- Prisons shall take such steps as may be ceed $50,000; or necessary to assure that the appro- (3) The award, compromise, or settle- priate U.S. Attorney is notified when- ment of a particular claim, as a prac- ever a prisoner is released prior to the tical matter, will or may control or ad- payment of his fine. (i) The Pardon Attorney shall notify versely influence the disposition of the appropriate U.S. Attorney when- other claims and the total settlement ever the President issues a pardon and value of all claims will or may exceed whenever the President remits or com- $50,000. mutes a fine. (c) Subject to the provisions of § 0.160, the Assistant Attorney General in [Order No. 423–69, 34 FR 20388, Dec. 31, 1969, as charge of the Civil Division shall have amended by Order No. 445–70, 35 FR 19397, Dec. 23, 1970; Order No. 699–77, 42 FR 15315, authority to consider, ascertain, ad- Mar. 21, 1977; Order No. 960–81, 46 FR 52352, just, determine, compromise, and set- Oct. 27, 1981; Order No. 1034–83, 48 FR 50714, tle any other claim involving the De- Nov. 3, 1983; Order No. 1413–90, 55 FR 19064, partment under section 2672, of title 28, May 8, 1990] U.S. Code, relating to the administrative settlement of Federal tort claims. § 0.172 Authority: Federal tort claims. (a) Delegation of authority. Subject to [AG Order No. 3330–2012, 77 FR 26183, May 3, the limitations set forth in paragraph 2012] (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 Enforce- ment Administration, the Director of the Federal Bureau of Investigation, and the Director of the Bureau of Alco-

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APPENDIX TO SUBPART Y OF PART 0— in all routine nonmonetary cases, in all rou- REDELEGATIONS OF AUTHORITY TO tine loan collection and foreclosure cases, COMPROMISE AND CLOSE CIVIL and in other monetary claims or cases where the gross amount of the original claim does CLAIMS not exceed $10,000,000. Such actions in non- CIVIL DIVISION monetary cases which are other than routine will be submitted for the approval of the As- REDELEGATION OF AUTHORITY, TO BRANCH DI- sistant Attorney General, Civil Division; RECTORS, HEADS OF OFFICES AND UNITED and, STATES ATTORNEYS IN CIVIL DIVISION (2) Issue subpoenas, civil investigative de- CASES mands, and any other compulsory process. (d) United States Attorneys may redele- [Directive No. 1–15] gate in writing the above-conferred com- By virtue of the authority vested in me by promise and suit authority to Assistant part 0 of title 28 of the Code of Federal Regu- United States Attorneys who supervise other lations, particularly §§ 0.45, 0.160, 0.164, and Assistant United States Attorneys who han- 0.168, it is hereby ordered as follows: dle civil litigation. (e) Limitations on delegations. Section 1. Scope of Delegation Authority (1) The authority to compromise cases, settle claims administratively, file suits, coun- (a) Delegation to Deputy Assistant Attor- terclaims, and cross-claims, to close claims neys General. The Deputy Assistant Attor- or cases, or take any other action necessary neys General are hereby delegated all the to protect the interests of the United States, power and authority of the Assistant Attor- delegated by paragraphs (a), (b), and (c) of ney General in charge of the Civil Division, this section, may not be exercised, and the including with respect to the institution of matter shall be submitted for resolution to suits, the acceptance or rejection of com- the Assistant Attorney General, Civil Divi- promise offers, the administrative settle- sion, when: ment of claims, and the closing of claims or (i) For any reason, the proposed action, as cases, unless any such authority or power is a practical matter, will control or adversely required by law to be exercised by the Assist- influence the disposition of other claims to- ant Attorney General personally or has been taling more than the respective amounts specifically delegated to another Depart- designated in the above paragraphs. ment official. (ii) Because a novel question of law or a (b) Delegation to United States Attorneys; question of policy is presented, or for any Branch, Office and Staff Directors; and At- other reason, the proposed action should, in torneys-in-Charge of Field Offices. Subject the opinion of the officer or employee con- to the limitations imposed by 28 CFR 0.160(d) cerned, receive the personal attention of the and 0.164, and sections 1(e) and 4(b) of this di- Assistant Attorney General, Civil Division. rective, and the authority of the Solicitor (iii) The agency or agencies involved are General set forth in 28 CFR 0.163, United opposed to the proposed action. The views of States Attorneys; Branch, Office, and Staff an agency must be solicited with respect to Directors; and Attorneys-in-Charge of Field any significant proposed action if it is a Offices, with respect to matters assigned or party, if it has asked to be consulted with redelegated to their respective components, spect to any such proposed action, or if such are hereby delegated the authority to: proposed action in a case would adversely af- (1) Accept offers in compromise of claims fect any of its policies. asserted by the United States in all cases in (iv) The United States Attorney involved is which the gross amount of the original claim opposed to the proposed action and requests does not exceed $10,000,000; that the matter be submitted to the Assist- (2) Accept offers in compromise of, or set- ant Attorney General for decision. tle administratively, claims against the (v) The case is on appeal, except as deter- United States in all cases in which the prin- mined by the Director of the Appellate Staff. cipal amount of the proposed settlement (2) In fraud or False Claims Act cases and does not exceed $1,000,000; matters, for reasons similar to those listed (3) Reject any offers in compromise; and in sub-section l(e)(l)(i) through l(e)(l)(iii) (4) Close any affirmative claim or case above, the Director of the Fraud Section of where the gross amount of the original claim the Commercial Litigation Branch, after does not exceed $10,000,000. consultation with the United States Attor- (c) Subject to the limitations imposed by ney, may determine that a case or matter sections 1(e), 4(b), and 5 of this directive, will not be delegated to the United States United States Attorneys, Directors, and At- Attorney, but personally or jointly handled, torneys-in-Charge are hereby delegated the or monitored, by the Civil Division. authority to: Section 2. Action Memoranda (1) File suits, counterclaims, and cross- claims, or take any other action necessary (a) Whenever, pursuant to the authority to protect the interests of the United States delegated by this Directive, an official of the

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Civil Division or a United States Attorney velopment, the Department of Veterans Af- accepts a compromise, closes a claim or files fairs, or the Farm Service Agency. a suit or claim, a memorandum fully ex- (3) Suits to enjoin violations of, or to col- plaining the basis for the action taken shall lect penalties under, the Agricultural Ad- be executed and placed in the file. In the case justment Act of 1938, 7 U.S.C. 1376; the Pack- of matters compromised, closed, or filed by ers and Stockyards Act, 7 U.S.C. 203, 207(g), United States Attorneys, a copy of the 213, 215, 216, 222, and 228a; the Perishable Ag- memorandum must, upon request therefrom, ricultural Commodities Act, 1930, 7 U.S.C. be sent to the appropriate Branch or Office 499c(a) and 499h(d); the Egg Products Inspec- of the Civil Division. tion Act, 21 U.S.C. 1031 et seq.; the Potato Re- (b) The compromising of cases or closing of search and Promotion Act, 7 U.S.C. 2611 et claims or the filing of suits for claims, which seq.; the Cotton Research and Promotion Act a United States Attorney is not authorized of 1966, 7 U.S.C. 2101 et seq.; the Federal Meat to approve, shall be referred to the appro- Inspection Act, 21 U.S.C. 601 et seq.; and the priate Branch or Office within the Civil Divi- Agricultural Marketing Agreement Act of sion, for decision by the Assistant Attorney 1937, as amended, 7 U.S.C. 601 et seq. General or the appropriate authorized person (4) Suits by social security beneficiaries within the Civil Division. The referral under the Social Security Act, 42 U.S.C. 402 memorandum should contain a detailed de- et seq. scription of the matter, the United States (5) Social Security disability suits under 42 Attorney’s recommendation, the agency’s U.S.C. 423 et seq. recommendation where applicable, and a full (6) Black lung beneficiary suits under the statement of the reasons therefor. Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. 921 et seq. Section 3. Return of Civil Judgment Cases to (7) Suits by Medicare beneficiaries under 42 Agencies U.S.C. 1395ff. (8) Garnishment actions authorized by 42 Claims arising out of judgments in favor of U.S.C. 659 for child support or alimony pay- the United States which cannot be perma- ments and actions for general debt, 5 U.S.C. nently closed as uncollectible may be re- 5520a. turned to the referring Federal agency for (9) Judicial review of actions of the Sec- servicing and surveillance whenever all con- retary of Agriculture under the food stamp ditions set forth in USAM 4–3.230 have been program, pursuant to the provisions of 7 met. U.S.C. 2022 involving retail food stores. Section 4. Authority for Direct Reference and (10) Cases referred by the Department of Delegation of Civil Division Cases to United Labor for the collection of penalties or for States Attorneys injunctive action under the Fair Labor Standards Act of 1938 and the Occupational (a) Direct reference to United States At- Safety and Health Act of 1970. torneys by agencies. The following civil ac- (11) Cases referred by the Department of tions under the jurisdiction of the Assistant Labor solely for the collection of civil pen- Attorney General, Civil Division, may be re- alties under the Farm Labor Contractor Reg- ferred by the agency concerned directly to istration Act of 1963, 7 U.S.C. 2048(b). the appropriate United States Attorney for (12) Cases referred by the Surface Trans- handling in trial courts, subject to the limi- portation Board to enforce orders of the Sur- tations imposed by paragraph (b) of this sec- face Transportation Board or to enjoin or tion. United States Attorneys are hereby suspend such orders pursuant to 28 U.S.C. delegated the authority to take all necessary 1336. steps to protect the interests of the United (13) Cases referred by the United States States, without prior approval of the Assist- Postal Service for injunctive relief under the ant Attorney General, Civil Division, or his nonmailable matter laws, 39 U.S.C. 3001 et representatives, subject to the limitations seq. set forth in section 1(e) of this directive. (b) Cases not covered. Regardless of the Agencies may, however, if special handling is amount in controversy (unless otherwise desired, refer these cases to the Civil Divi- specified), the following matters normally sion. Also, when constitutional questions or will not be delegated to United States Attor- other significant issues arise in the course of neys for handling but will be personally or such litigation, or when an appeal is taken jointly handled or monitored by the appro- by any party, the Civil Division should be priate Branch or Office within the Civil Divi- consulted. sion: (1) Money claims by the United States (1) Cases in the Court of Federal Claims. where the gross amount of the original claim (2) Cases within the jurisdiction of the does not exceed $10,000,000. Commercial Litigation Branch involving (2) Single family dwelling house fore- patents, trademarks, copyrights, etc. closures arising out of loans made or insured (3) Cases before the United States Court of by the Department of Housing and Urban De- International Trade.

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(4) Any case involving bribery, conflict of ruptcy court decision or a direct appeal of an interest, breach of fiduciary duty, breach of adverse bankruptcy court decision to a court employment contract, or exploitation of of appeals, cannot be taken without approval public office. of the Solicitor General. Until the Solicitor (5) Any case involving vessel-caused pollu- General has made a decision whether an ap- tion in navigable waters. peal will be taken, the Government attorney (6) Cases on appeal, except as determined handling the case must take all necessary by the Director of the Appellate Staff. procedural actions to preserve the Govern- (7) Any case involving litigation in a for- ment’s right to take an appeal, including fil- eign court. ing a protective notice of appeal when the (8) Criminal proceedings arising under time to file a notice of appeal is about to ex- statutes enforced by the Food and Drug Ad- pire and the Solicitor General has not yet ministration, the Consumer Product Safety made a decision. Nothing in the foregoing di- Commission, the Federal Trade Commission, rective affects this obligation. and the National Highway Traffic Safety Ad- ministration (relating to odometer tam- Section 7. Definitions pering), except as determined by the Direc- (a) For purposes of this directive, in the tor of the Consumer Protection Branch. case of claims involving only civil penalties, (9) Nonmonetary civil cases, including in- other than claims defined in 28 CFR 0.169(b), junction suits, declaratory judgment ac- the phrase ‘‘gross amount of the original tions, and applications for inspection war- claim’’ shall mean the maximum amount of rants, and cases seeking civil penalties penalties sought. where the gross amount of the original claim (b) For purposes of this directive, in the exceeds $10,000,000. case of claims asserted in bankruptcy pro- (10) Cases arising under the statutes listed ceedings, the phrase ‘‘gross amount of the in 28 CFR 0.45(j), except as determined by the original claim’’ shall mean liquidation value. Director of the Consumer Protection Branch. Liquidation value is the forced sale value of (11) Administrative claims arising under the collateral, if any, securing the claim(s) the Federal Tort Claims Act. plus the dividend likely to be paid for the un- secured portion of the claim(s) in an actual Section 5. Civil Investigative Demands or hypothetical liquidation of the bank- Authority relating to Civil Investigative ruptcy estate. Demands issued under the False Claims Act is hereby delegated to United States Attor- Section 8. Supersession neys in cases that are delegated or assigned This directive supersedes Civil Division Di- as monitored to their respective components. rective No. 1–10 regarding redelegation of the In accordance with guidelines provided by Assistant Attorney General’s authority in the Assistant Attorney General, each United Civil Division cases to Branch Directors, States Attorney must provide notice and a heads of offices, and United States Attor- report of Civil Investigative Demands issued neys. by the United States Attorney. Authority relating to Civil Investigative Demands issued Section 9. Applicability under the False Claims Act in cases that are This directive applies to all cases pending jointly or personally handled by the Civil Di- as of the date of this directive and is effec- vision is hereby delegated to the Director of tive immediately. the Fraud Section of the Commercial Litiga- tion Branch. When a case is jointly handled Section 10. No Private Right of Action by the Civil Division and a United States At- torney’s Office, the Director of the Fraud This directive consists of rules of agency Section will issue a Civil Investigative De- organization, procedure, and practice and mand only after requesting the United does not create a private right of action for States Attorney’s recommendation. any private party to challenge the rules or actions taken pursuant to them. Section 6. Adverse Decisions CRIMINAL DIVISION All final judicial decisions adverse to the Government, other than bankruptcy court [Memo No. 375] decisions except as provided herein, involv- STANDARDS AND PROCEDURES WITH RESPECT ing any direct reference or delegated case TO CRIMINAL PROSECUTIONS INVOLVING CER- must be reported promptly to the Assistant TAIN AGRICULTURAL MARKETING QUOTA Attorney General, Civil Division, attention PENALTY CASES Director, Appellate Staff. Consult title 2 of the United States Attorney’s Manual for pro- By virtue of the authority vested in me by cedures and time limitations. An appeal of part 0 of title 28 of the Code of Federal Regu- such a decision, as well as an appeal of an ad- lations, particularly §§ 0.55, 0.160, 0.162, 0.164, verse decision by a district court or bank- 0.166, and 0.168, it is hereby ordered as fol- ruptcy appellate panel reviewing a bank- lows:

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SECTION 1. Purpose. The purpose of this SEC. 4. Closing of the Prosecution. (a) U.S. Memorandum is to prescribe standards and Attorneys may decline to prosecute any case procedures for U.S. Attorneys with respect involving a matter covered by this Memo- to the handling of the criminal aspects of ag- randum without prior consultation or ap- ricultural marketing quota penalty cases proval of the Assistant Attorney General. If, which are submitted to the U.S. Attorneys however, prosecution has been initiated by by direct referral from the attorney in way of indictment or information, the in- charge of the local office of the General dictment or information shall not be dis- Counsel of the Department of Agriculture missed until authority to do so has been ob- (hereinafter in this Memorandum referred to tained from the Assistant Attorney General as the General Counsel). Supplement No. 1 of or his representative unless the reason for October 26, 1955, to Memorandum No. 119 is the dismissal is one which does not neces- hereby superseded. Attention is invited to sitate the prior approval of the Criminal Di- the fact that Memorandum No. 374, of June 3, vision. (See U.S. Attorneys’ Manual, title 2: 1964, which superseded Memorandum No. 119 Criminal Division, pages 18–20.) of December 8, 1954, deals with the civil as- (b) In each instance in which a case is pects of agricultural marketing quota pen- closed by a U.S. Attorney and in which prior alty cases. approval of the Assistant Attorney General SEC. 2. Scope of authority. (a) The authority or his representative has not been obtained, conferred by this Memorandum is applicable a memorandum shall be prepared and placed to alleged criminal violations involving the in the file describing the action taken and provisions of the Agricultural Adjustment the reasons therefor. Act of 1938, as amended (7 U.S.C. 1311–1376), SEC. 5. Appeals. The instructions existing in cases in which the gross amount involved with reference to criminal appeals shall gov- does not exceed $5,000. ern appeals in cases covered by this Memo- (b) Matters involving alleged criminal vio- randum. lations of the Agricultural Adjustment Act of 1938, as amended, shall be referred directly [Attorney General Order No. 1598–92] to the U.S. Attorney concerned by the attor- REDELEGATIONS OF AUTHORITY TO UNITED ney in charge of the local office of the Gen- STATES ATTORNEYS, DEPUTY ASSISTANT AT- eral Counsel which has jurisdiction over any TORNEYS GENERAL, SECTION CHIEFS, AND DI- such matter requiring action. U.S. Attorneys RECTOR, ASSET FORFEITURE OFFICE, IN THE may initiate criminal prosecution or decline CRIMINAL DIVISION to do so as they, in their judgment, may deem appropriate. U.S. Attorneys are, of By virtue of the authority vested in me by course, urged to obtain the advice and assist- part 0 of title 28 of the Code of Federal Regu- ance of this Department whenever they feel lations, as amended, particularly §§ 0.160, that such advice and assistance might be 0.162, 0.164, 0.168 and 0.171, it is hereby or- helpful. dered as follows: SEC. 3. Correspondence—(a) With the Depart- (a)(1) Each U.S. Attorney is authorized in ment of Justice. Inquiries to the Department cases delegated to the Assistant Attorney concerning any matters covered by this General of the Criminal Division— Memorandum should be directed to the at- (A) To accept or reject offers in com- tention of the Assistant Attorney General in promise of— charge of the Criminal Division (hereinafter (i) Claims in behalf of the United States in in this Memorandum referred to as the As- all cases (other than forfeiture cases) in sistant Attorney General). Any such inquiry which the original claim did not exceed should be accompanied by copies of all perti- $500,000, and in all cases in which the origi- nent correspondence and other documents, nal claim was between $500,000 and $5,000,000, including the indictment if one shall have so long as the difference between the gross been returned, since files concerning these amount of the original claim and the pro- matters will not be maintained in Wash- posed settlement does not exceed 15 percent ington. of the original claim; and in all civil or (b) With the Department of Agriculture. Cor- criminal forfeiture cases, except that the respondence calling for additional factual de- U.S. Attorney shall consult with the Asset tails, and requests for investigations, docu- Forfeiture Office of the Criminal Division be- ments, witnesses, and similar matters, fore accepting offers in compromise or plea should be directed to the General Counsel’s offers in forfeiture cases in which the attorney in charge who originated the mat- orignial claim was $5,000,000 or more, and in ter. However, only the U.S. Attorney and his forfeiture cases in which the original claim duly appointed assistants are authorized to was between $500,000 and $5,000,000, when the exercise any control whatsoever over the difference between the gross amount of the handling of any such matter referred to the original forfeiture sought and the proposed U.S. Attorney for action. The U.S. Attorney settlement exceeds 15 percent of the original is charged with the entire responsibility for claim; and the manner in which such matters are han- (ii) Claims against the United States in all dled. cases, or in administrative actions to settle,

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in which the amount of the proposed settle- (2) When a Section Chief or the Director of ment does not exceed $500,000; and the Asset Forfeiture Office is of the opinion (B) To close (other than by compromise or that because of a question of law or policy entry of judgment) claims asserted by the presented, or for any other reason, a matter United States in all cases (other than for- described in paragraph (c) should receive the feiture cases) in which the gross amount of personal attention of a Deputy Assistant At- the original claim does not exceed $500,000, torney General or Assistant Attorney Gen- and in all civil or criminal forfeiture cases, eral, he shall refer the matter to the appro- except that the U.S. Attorney shall consult priate Deputy Assistant Attorney General or with the Asset Forfeiture Office of the to the Assistant Attorney General. Criminal Division before closing a forfeiture (d) Notwithstanding any of the above re- case in which the gross amount of the origi- delegations, when the agency or agencies in- nal forfeiture sought is $500,000 or more. volved have objected in writing to the pro- (2) This subsection does not apply— posed closing or dismissal of a case, or to the (A) When, for any reason, the compromise acceptance or rejection of an offer in com- or closing of a particular claim (other than a promise, any such unresolved objection shall forfeiture case) will, as a practical matter, be referred to the Assistant Attorney Gen- control or adversely influence the disposi- eral for resolution. tion of other claims, which, when added to the claim in question, total more than the ENVIRONMENT AND NATURAL RESOURCES respective amounts designated above; DIVISION (B) When the U.S. Attorney is of the opin- [Directive No. 7–76] ion that because of a question of law or policy presented, or for any other reason, the REDELEGATION OF AUTHORITY TO INITIATE matter should receive the personal attention AND TO COMPROMISE ENVIRONMENT AND of the Assistant Attorney General; NATURAL RESOURCES DIVISION CASES (C) When a settlement converts into a mandatory duty the otherwise discretionary This directive supersedes Land and Natural authority of an agency or department to re- Resources Memorandum No. 388 (appendix to vise, amend, or promulgate regulations; subpart Y) and Directives Nos. 4–72 and 5–72. (D) When a settlement commits a depart- By virtue of the authority vested in me by ment or agency to expend funds that Con- part 0 of title 28 of the Code of Federal Regu- gress has not appropriated and that have not lations, and particularly §§ 0.65, 0.160, 0.162, been budgeted for the action in question, or 0.164, 0.166, and 0.168 thereof, I hereby redele- commits a department or agency to seek a gate to the Deputy Assistant Attorney Gen- particular appropriation or budget author- eral, certain Section Chiefs, and to the ization; or United States Attorneys, the following au- (E) When a settlement limits the discre- thority to act in connection with, and to tion of a Secretary or agency administrator compromise, Environment and Natural Re- to make policy or managerial decisions com- sources Division cases: mitted to the Secretary or agency adminis- SECTION I—AUTHORITY TO INITIATE CASES trator by Congress or by the Constitution. (b) Notwithstanding the provisions of this A. Delegation to United States Attorneys—1. Order, the Assistant Attorney General of the Land Cases. United States Attorneys are Criminal Division may delegate to U.S. At- hereby authorized to act in matters con- torneys authority to compromise or close cerning real property of the United States, other cases, including those involving including tribal and restricted individual In- amounts greater than as set forth in para- dian land, not involving new or unusual graph (a) above, and up to the maximum questions or questions of title or water limit of his authority, where the cir- rights, on behalf of any other department or cumstances warrant such delegation. agency in response to a direct request in (c) All other authority delegated to me by writing from an authorized field officer of §§ 0.160, 0.162, 0.164 and 0.171 of title 28 of the the department or agency concerned, with- Code of Federal Regulations not falling without prior authorization from the Environ- in the limitations of paragraph (a) of this ment and Natural Resources Division, in the Order is hereby redelegated to Section Chiefs following-described cases: in the Criminal Division, except that— (a) Actions to recover possession of prop- (1) The authority delegated to me by erty from tenants, squatters, trespassers, or §§ 0.160, 0.162, 0.164 and 0.171 of that title re- others, and actions to enjoin trespasses on lating to conducting, handling, or super- Federal property; vising civil and criminal forfeiture litigation (b) Actions to recover damages resulting (other than bail bond forfeiture), including from trespasses when the amount of the acceptance or denial of petitions for remis- claim for actual damage based upon an inno- sion or mitigation of forfeiture, is hereby recent trespass does not exceed $200,000 (The delegated to the Director of the Asset For- United States Attorneys may seek recovery feiture Office; and of amounts exceeding $200,000 (i) if the actual

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damages are $200,000 or less and State stat- trol Act Amendments of 1972 (33 U.S.C. 1344), utes permit the recovery of multiple dam- or of both statutes; ages, e.g., double or treble, for either a will- (b) Civil or criminal actions involving the ful or an innocent trespass; or (ii) if the ac- discharge of refuse into the navigable waters tual damages are $200,000 or less, but the ac- of the United States, and, in certain cases, tion is for conversion to obtain recovery of their tributaries, in violation of section 13 of the enhanced value of property severed and the Act of March 3, 1899 (33 U.S.C. 407), ex- removed in the trespass); cept for (c) Actions to collect delinquent rentals or (i) In rem actions against vessels, which damages for use and occupancy of not more actions shall continue to be handled in the than $200,000; manner set forth in departmental memoran- (d) Actions to collect costs of forest fire dums 374 and 376, dated June 3, 1964, and suppression and other damages resulting shall continue to be under the jurisdiction of from such fires if the total claim does not ex- the Civil Division; and ceed $200,000; (ii) Criminal actions involving the dis- (e) Actions to collect delinquent operation charge either of oil or of hazardous sub- and maintenance charges accruing on Indian stances, for which discharge a government irrigation projects and federal reclamation agency either has imposed a civil penalty projects of not more than $200,000; and pursuant to section 311(b)(6) of the Federal (f) Actions to collect loans of money or Water Pollution Control Act Amendments of livestock made by the United States to indi- 1972 (33 U.S.C. 1321(b)(6)), or has under con- vidual Indians without limitation on sideration the imposition of such a penalty. amount, including loans made by Indian 3. Notification to Division of Direct Referral. tribal organizations to individual Indians if In each case referred to the United States the loan agreements, notes and securities Attorneys pursuant to the authority set have been assigned by the tribal organiza- forth in Subparagraphs 1 and 2 above, the tions to the United States. United States Attorney shall, prior to taking 2. Environmental cases. Pursuant to para- action, assure that a copy of the authorized graph 10 of the memorandum of under- field officer’s written request has been for- standing between the Department of Justice warded to the Assistant Attorney General, and the Environmental Protection Agency Environment and Natural Resources Divi- (42 FR 48942) with respect to the handling of sion, Department of Justice, Washington, litigation to which the Environmental Pro- DC, 20530. tection Agency is a party, all requests of the Environmental Protection Agency for litiga- SECTION II—AUTHORITY TO COMPROMISE, tion must be submitted by the Agency DISMISS, OR CLOSE CASES through its General Counsel or its Assistant Administrator for Enforcement to the As- A. Delegation to Deputy Assistant Attorney sistant Attorney General, except that mat- General. Subject to the limitations imposed ters requiring an immediate temporary re- by Paragraph D of this Section, the Deputy straining order may be submitted by re- Assistant Attorney General in the Environ- gional Administrators of the Environmental ment and Natural Resources Division is Protection Agency simultaneously to a U.S. hereby authorized, with respect to matters Attorney and the Assistant Attorney Gen- assigned to the Environment and Natural eral. Consequently, except for matters re- Resources Division, to accept or reject offers quiring an immediate temporary restraining in compromise of claims against the United order, U.S. Attorneys are not authorized to States in which the amount of the proposed accept on a direct reference basis any mat- settlement does not exceed $500,000, and of ters or cases originating in any office of the claims in behalf of the United States in Environmental Protection Agency. which the gross amount of the original claim U.S. Attorneys are authorized to act, with- does not exceed $500,000. out prior authorization from the Environ- B. Delegation to Section Chiefs. Subject to ment and Natural Resources Division, on be- the limitations imposed by Paragraph D of half of Federal departments or agencies this Section, the Chiefs of the Land Acquisi- other than the Environmental Protection tion, Indian Claims, Pollution Control, In- Agency, in response to a direct request in dian Resources, and General Litigation Sec- writing from an authorized field officer of tions of the Environment and Natural Re- the department or agency concerned, in the sources Division are hereby authorized, with following environmental cases: respect to matters assigned to their respec- (a) Civil or criminal actions involving the tive sections, to accept or reject offers in filling or the deposit of dredged or fill mate- compromise of claims against the United rial upon, or the alteration of the channels States in which the amount of the proposed of, the waters of the United States, in viola- settlement does not exceed $300,000, and of tion of section 10 of the River and Harbor claims in behalf of the United States in Act of March 3, 1899 (33 U.S.C. 403), or of sec- which the gross amount of the original claim tion 404 of the Federal Water Pollution Con- does not exceed $300,000.

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C. Delegations to United States Attorneys—1. Department a report, in the form of a letter Compromise of land cases. Subject to the limi- or memorandum, bearing his signature or tations imposed by paragraph D of this sec- showing his personal approval, stating the tion, U.S. Attorneys are authorized, without action taken and containing an adequate the prior approval of the Environment and statement of the reasons therefor. In routine Natural Resources Division, to accept or re- cases, a form, containing the minimum ele- ject offers in compromise in the direct refer- ments of the required report, may be used in ral land cases listed in subparagraph A–1 of lieu of a letter or memorandum. In any case, section I, and in claims against the United special care shall be taken to see that the re- States in which the amount of the proposed port contains a statement as to what the settlement does not exceed $200,000, if the au- valuation testimony of the United States thorized field officer of the interested agency would have been if the case had been tried. concurs in writing, except that where the 4. Closing or Dismissal of Matters and Cases. United States is a plaintiff, a U.S. Attorney Subject to the limitations imposed in Para- may accept an offer without the concurrence graph D of this section, a direct referral mat- of the field officer if the acceptance is based ter described in Section I may be closed solely upon the financial circumstances of without action by the United States Attor- the debtor. ney or, if filed in court, may be dismissed by 2. Compromise of environmental cases. Prior him, if the field officer of the interested delegations of authority to the U.S. Attor- agency concurs in writing that it is without neys to settle any type of case in which the merit legally or factually. Except for claims Department of Justice represents the Envi- on behalf of Indians or Indian tribes, the ronmental Protection Agency, or the Admin- United States Attorney may close a claim istrator or any other official of that Agency, without consulting the field officer of the in- are hereby revoked; all offers in compromise terested agency if the claim is for money of such cases shall be submitted to the As- only and if he concludes (a) that the cost of sistant Attorney General of the Environ- collection under the circumstances would ex- ment and Natural Resources Division, for ap- ceed the amount of the claim, or (b) that the propriate action. claim is uncollectible. With respect to 3. Compromise of Condemnation Cases. (a) claims asserted by the United States on be- Subject to the limitations imposed in Para- half of individual Indians or Indian tribes, graph D of this section, United States Attor- the United States Attorney may close a neys are hereby authorized, without the claim without consulting the field officer of prior approval of the Environment and Nat- the interested agency if the claim is for ural Resources Division, to accept or reject money only and if he concludes that the offers in compromise of claims against the claim is uncollectible; claims on behalf of In- United States for just compensation in con- dian individuals and tribes may not be closed demnation proceedings in any case in which (i) The gross amount of the proposed set- merely because the cost of collection might tlement does not exceed $100,000; and exceed the amount of the claim. (ii) The settlement is approved in writing D. Limitations on delegations. The authority (the written approval to be retained in the to compromise, close or dismiss cases dele- file of the United States Attorney concerned) gated by Paragraphs A, B and C of this sec- by the authorized field representative of the tion may not be exercised when, acquiring agency if the amount of the settle- (a) For any reason, the compromise of a ment exceeds the amount deposited with the particular claim, as a practical matter, will declaration of taking as to the particular control or adversely influence the disposi- tract of land involved; and tion of other claims totaling more than the (iii) The amount of the settlement is com- respective amounts designated above; patible with the sound appraisal, or apprais- (b) Because a novel question of law or a als, upon which the United States would rely question of policy is presented, or for any as evidence in the event of trial, due regard other reason, the offer should, in the opinion being had for probable minimum trial costs of the officer or employee concerned, receive and risks; and the personal attention of the Assistant At- (iv) The case does not involve the revest- torney General in charge of the Environment ment of any land or improvements or any in- and Natural Resources Division; and terest, or interests, in land under the Act of (c) The agency or agencies involved are op- October 21, 1942, 56 Stat. 797 (40 U.S.C. 258f). posed to the proposed closing or dismissal of 3(b). When a United States Attorney has set- a case, or acceptance or rejection of the offer tled a condemnation proceeding under the in compromise. authority conferred upon him by the fore- If any of the conditions listed above exist, going subparagraph, he shall promptly se- the matter shall be submitted for resolution cure the entry of judgment and distribution to the Assistant Attorney General in charge of the award, and shall take all other steps of the Environment and Natural Resources necessary to dispose of the matter com- Division. pletely. The United States Attorney con- Effective date of this directive. This Directive cerned shall also immediately forward to the shall be effective on December 8, 1976.

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[Directive No. 90–50] cause of a question of law or policy presented, or for any other reason, the matter REDELEGATION OF AUTHORITY TO INITIATE AND should receive the attention of the Assistant TO COMPROMISE ENVIRONMENT AND NAT- Attorney General, Environment and Natural URAL RESOURCES DIVISION CASES Resources Division. Pursuant to the authority vested in me by Authority To Compromise Cases title 28 of the Code of Federal Regulations, and particularly §§ 0.65, 0.65(a), 0.160, 0.162, The Section Chief of the Environmental 0.164, 0.166, 0.168 and 50.7 thereof, I hereby re- Enforcement Section is hereby authorized to delegate to the Section Chief of the Environ- compromise civil claims on behalf of the mental Enforcement Section, the following United States under the following environ- authority to initiate and to compromise En- mental statutes: vironment and Natural Resources Division 1. Cases under section 14 of the Federal In- cases and to approve FEDERAL REGISTER No- secticide, Fungicide, and Rodenticide Act, 7 tices describing settlements of actions to en- U.S.C. 1361(a), section 16 of the Toxic Sub- join discharges of pollutants into the envi- stances Control Act, 15 U.S.C. 2615(a) and ronment. section 309(g)(9) of the Clean Water Act, 33 U.S.C. 309(g)(9), for collection of civil pen- Authority To Initiate Cases alties previously assessed by the Environ- mental Protection Agency in a formal ad- The Section Chief of the Environmental ministrative proceeding. Enforcement Section is hereby authorized to 2. Cases under sections 112 and 113 of the initiate civil actions on behalf of any other Clean Air Act, 42 U.S.C. 7412 and 7413 for vio- department or agency in response to a writ- lations of the national emission standards ten request from an authorized official of the for asbestos hazardous air pollutants. department or agency concerned, under the 3. Cases under the Safe Drinking Water following environmental statutes: Act, 42 U.S.C. 300(f) et seq., the Resource Con- 1. Cases under section 14 of the Federal In- servation and Recovery Act, 42 U.S.C. 6901 et secticide, Fungicide, and Rodenticide Act, 7 seq., the Clean Air Act, 42 U.S.C. 7401 et seq., U.S.C. 136l(a), section 16 of the Toxic Sub- the Clean Water Act, 33 U.S.C. 1251 et seq., stances Control Act, 15 U.S.C. 2615(a) and the Federal Insecticide, Fungicide and section 309(g)(9) of the Clean Water Act, 33 Rodenticide Act, 7 U.S.C. 136 et seq., and the U.S.C. 309(g)(9), for collection of civil pen- Toxic Substances Control Act, 15 U.S.C. 2601 alties previously assessed by the Environ- et seq., where the amount of the civil penalty mental Protection Agency in a formal ad- to be paid to the United States does not ex- ministrative proceeding. ceed $100,000. 2. Cases under sections 112 and 113 of the 4. Cases under section 311 of the Clean Clean Air Act, 42 U.S.C. 7412 and 7413 for vio- Water Act, 33 U.S.C. 1321, for recovery of lations of the national emission standards costs expended by the United States to re- for asbestos hazardous air pollutants. move oil or hazardous substances discharged 3. Cases under section 311 of the Clean into or upon the navigable waters of the Water Act, 33 U.S.C. 1321, for recovery of United States, adjoining shorelines, or into costs expended by the United States’ to re- or upon the waters of the contiguous zone, move oil or hazardous substances discharged where such costs do not exceed $1 million, into or upon the navigable waters of the exclusive of interest, and the difference be- United States, adjoining shorelines, or into tween the United States’ claim and the pro- or upon the waters of the contiguous zone posed settlement does not exceed $500,000. where such costs do not exceed $1 million, 5. Cases under section 104(e) of the Com- exclusive of interest. prehensive Environmental Response, Com- 4. Cases under section 104(e) of the Com- pensation and Liability Act, 42 U.S.C. 9604(e), prehensive Environmental Response, Com- to enforce requests for access to information, pensation and Liability Act, 42 U.S.C. 9604(e) entry and/or inspection and samples. to enforce requests for access to information, 6. Cases under section 107 of the Com- entry and/or inspection and samples. prehensive Environmental Response, Com- 5. Cases under section 107 of the Com- pensation and Liability Act, 42 U.S.C. 9607, prehensive Environmental Response, Com- for recovery of costs of removal or remedial pensation and Liability Act, 42 U.S.C. 9607, action incurred by the United States, where for recovery of costs of removal or remedial such costs do not exceed $1 million, exclusive action incurred by the United States where of interest, and the difference between the such costs do not exceed $1 million, exclusive United States’ claim and the proposed settle- of interest. ment does not exceed $500,000. Any case initiation under paragraphs 1–5 Any settlement under paragraphs 4 and 6 above, should be referred to the Assistant above, regardless of the amount or cir- Attorney General, Environment and Natural cumstances, should be referred to the Assist- Resources Division, for approval, whenever ant Attorney General, Environment and Nat- the Section Chief of the Environmental En- ural Resources Division, when for any rea- forcement Section is of the opinion that be- son, the compromise of a particular claim, as

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a practical matter, will control or adversely [Directive 6–85] influence the disposition of other claims totaling more than $500,000. In addition, any DELEGATION OF AUTHORITY TO CHIEF, LAND settlement under paragraphs 1–6 above ACQUISITION SECTION, TO STIPULATE OR should be referred to the Assistant Attorney AGREE IN BEHALF OF THE UNITED STATES TO General, Environment and Natural Re- EXCLUDE PROPERTY TAKEN ON BEHALF OF sources Division, whenever the Section Chief THE UNITED STATES BY DECLARATION OF TAKING OR OTHERWISE of the Environmental Enforcement Section is of the opinion that because of a question Section 258f of the Declaration of Taking of law or policy presented, or because of op- Act, 40 U.S.C. 258a, et seq., contains the fol- position to the proposed settlement by the lowing provision: agency or agencies involved, or for any other In any condemnation proceeding instituted reason, the offer should receive the personal by or on behalf of the United States, the At- attention of the Assistant Attorney General, torney General is authorized to stipulate or Environment and Natural Resources Divi- agree in behalf of the United States to ex- sion. clude any property or any part thereof, or any interest therein, that may have been, or Authority To Approve Federal Register Notices may be, taken by or on behalf of the United States by declaration of taking or otherwise. The Section Chief of the Environmental The foregoing authority has been delegated Enforcement Section is hereby authorized to to the Assistant Attorney General, Environ- approve all FEDERAL REGISTER Notices under ment and Natural Resources Division, by the 28 CFR 50.7 and to transmit those notices to Attorney General, chapter I, part O, subpart the Assistant Attorney General, Office of M, §§ 0.65 and 0.160(a)(2), title 28, Code of Fed- Legal Counsel, for publication. eral Regulations. Authority of Persons Acting in the Capacity of In view of the frequency of agency requests that this office stipulate or agree to exclude the Section Chief, Environmental Enforcement property or parts of property taken by dec- Section laration of taking or otherwise, and in the In the event that another person is acting interest of efficient administration of the in the capacity of the Section Chief, Envi- duties and responsibilities of this office, I ronmental Enforcement Section, that person hereby make the following limited delega- will have the authority to initiate and to tion of authority to stipulate or agree to compromise cases under these delegations such exclusions (revestments). only if specifically authorized in writing by The Chief, Land Acquisition Section, is au- the Assistant Attorney General, Environ- thorized to stipulate or agree in behalf of the ment and Natural Resources Division. United States to exclude (revest) any property or any part thereof, or any interest Date of Delegations therein, that may have been, or may be taken by or on behalf of the United States by This Directive shall be effective December declaration of taking or otherwise, when: 24, 1990, and the United States Attorneys’ 1. The exclusion (revestment) has been re- Manual will be revised accordingly. quested or approved in writing by a duly authorized officer of the agency for which the [Directive 1–86] property was taken; and Pursuant to the authority vested in me 2. In the case of a partial exclusion (revest- under 28 CFR § 16.4(b) and § 16.42(b), I delegate ment) in connection with an overall settle- to the Deputy Assistant Attorney General ment of the case, the combined amount of who supervises the Policy, Legislation and the monetary payment of compensation and Special Litigation Section, or to whoever is the government’s appraised value of the land acting in that capacity, the authority to to be excluded (revested) does not exceed the monetary limitation on the Section Chief’s grant to deny any request for a record of the settlement authority; or Environment and Natural Resources Divi- 3. In the case of an exclusion (revestment) sion made pursuant to the Freedom of Infor- that is not part of an overall settlement of mation Act, 5 U.S.C. 552, or the Privacy Act the case, the government’s appraised value of 1974, 5 U.S.C. 552a. of the land to be excluded (revested) together Effective Date: January 9, 1986. 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

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on whether to stipulate or agree to exclu- 2. In each suit or claim brought against sions of property shall remain with the As- state government, agencies, and entities; sistant Attorney General of the Environ- (a) Satisfy the Deputy Assistant Attorney ment and Natural Resources Division. General to whom the section reports of com- Effective Date: February 4, 1985. pliance with this directive, (b) Before such suit or claim is brought, [Directive 6–83] advise the Attorney General and governor of By virtue of the authority vested in me by any affected state as to the nature of the part 0 of title 28, Code of Federal Regulations contemplated action and the terms of the § 0.65, the Section Chief of the Wildlife and remedy sought and Marine Resources Section is now authorized (c) Place a memorandum in the file of the to rule upon petitions for remission or miti- case of matter, indicating compliance with gation of civil or criminal forfeitures filed this directive. with the Attorney General pursuant to the Such prior notice may: Endangered Species Act of 1973 (16 U.S.C. (1) Result in settlement of the action in ad- 1531–1543); the Lacey Act and related provi- vance of its filing on terms acceptable to the sions (18 U.S.C. 41–44, 47); the Airborne Hunt- United States, ing Act (16 U.S.C. 742j–1); the Migratory Bird (2) Permit the state to bring to our atten- Act (16 U.S.C. 701, et seq.); the Bald and Gold- tion facts or issues that may change our out- en Eagle Protection Act (16 U.S.C. 668–668d); look on the action, or the Fish and Wildlife Coordination Act (16 (3) Permit the State Attorney General and U.S.C. 661 et seq.); the National Wildlife Ref- the Governor to respond knowledgeably to uge System Administration Act (16 U.S.C. inquires from local officials and the media 668dd, 668ee); the Magnuson Fishery Con- when the action is commenced. servation and Management Act (16 U.S.C. Because the actual situation covered by 1801 et seq.); the Tuna Conventions Act (16 this directive may vary from section to sec- U.S.C. 951 et seq.); the Marine Mammal Pro- tion, no single detailed procedure can be es- tection Act (16 U.S.C. 1361 et seq.,) the Sock- tablished but common sense should prevail. eye Salmon or Pink Salmon Fishing Act (16 To that end, the state through its Attorney U.S.C. 776 et seq.); the Protection of Sea Ot- General and Governor should get fair warn- ters on the High Seas Act (16 U.S.C. 1171 et ing and an opportunity to resolve the litiga- seq.); the Northern Pacific Halibut Act (16 tion. The notice should be given sufficiently U.S.C. 772 et seq.); and the North Pacific in advance of the contemplated action to Fisheries Act (16 U.S.C. 1021 et seq.). allow state officials to respond. The Section Chief of the Wildlife and Ma- Where a Section Chief believes he has good rine Resources Section shall base his deci- cause to seek an exception from the terms of sion upon a review of all the pertinent facts this directive he should discuss the matter including the petition for remission or miti- with the Deputy Assistant Attorney General gation, the report and recommendation of to whom he or she reports. the appropriate United States Attorney, the Effective Date: April 27, 1981. report of the seizing law enforcement agency, and the report prepared within the Sec- TAX DIVISION tion. Following the adverse decision a petitioner [Directive No. 83] may request the Assistant Attorney General By virtue of the authority vested in me by for the Environment and Natural Resources part 0 of title 28 of the Code of Federal Regu- Division to review the decision of the Sec- lations, particularly sections 0.70, 0.160, 0.162, tion Chief. 0.164, 0.166, and 0.168, it is hereby ordered as The above directive shall be effective im- follows: mediately and shall be the interim procedure Section 1. The U.S. Attorney for each dis- in effect until promulgation of regulations trict in which is located real property, which by the Department of Justice which address is subject to a right of redemption of the the remission and mitigation process in the United States in respect of Federal tax liens, Environment and Natural Resources Divi- arising under section 2410(c) of title 28 of the sion. United States Code, or under State law when Effective Date: April 12, 1983. the United States has been joined as a party to a suit, is authorized to release the right of [Directive 6–81] redemption, subject to the following limita- This directive establishes the Division’s tions and conditions— policy of notice to appropriate state officials (1) This redelegation of authority relates of action against states. The Chief of each only to real property on which is located section in the Environment and Natural Re- only one single-family residence, and to all sources Division shall: other real property having a fair market 1. Insure that each attorney in his or her value not exceeding $200,000. That limitation respective section reads, becomes familiar as to value or use shall not apply in those with, and complies with this directive. cases in which the release is requested by the

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Department of Veterans Affairs or any other thority delegated to them in Section 1 hereof Federal agency. to reject offers, and in Section 2 hereof, to (2) The consideration paid for the release accept offers in compromise in, settle admin- must be equal to the value of the right of re- istratively, and close (other than by com- demption, or fifty dollars ($50), whichever is promise or by entry of judgment), all civil greater. However, no consideration shall be cases in which the amount of the Govern- required for releases issued to the Depart- ment’s concession, exclusive of statutory in- ment of Veterans Affairs or any other Fed- terest, does not exceed $250,000; provided that eral agency. such redelegation is not made to the attor- (3) The following described documents ney-of-record in the case. Redelegations pur- must be placed in the U.S. Attorney’s file in suant to this section shall be by memo- each case in which a release is issued— randum signed by the Section Chief, which (A) Appraisals by two disinterested and shall be placed in the Department of Justice well-qualified persons. In those cases in file for the applicable case. which the applicant is a Federal agency, the Section 4. Subject to the conditions and appraisal of that agency may be substituted limitations set forth in Section 11 hereof, the for the two appraisals generally required. Chief of the Appellate Section is authorized (B) Such other information and documents to: as the Tax Division may prescribe. (A) Accept offers in compromise with ref- Section 2. This directive supersedes Tax erence to litigating hazards of the issue(s) on Division Directive No. 55, effective May 7, appeal in all civil cases (other than claims 1986. for attorneys’ fees, litigation expenses and Section 3. This directive shall become ef- court costs) in which the amount of the Gov- fective on the date of its publication in the ernment’s concession, exclusive of statutory FEDERAL REGISTER. interest, does not exceed $500,000; (B) Accept offers in compromise in injunc- [TAX DIVISION DIRECTIVE NO. 139] tion [see sec. 2(B)] or declaratory judgment suits against the United States in which the By virtue of the authority vested in me by principal amount of the related liability, if Part 0 of Title 28 of the Code of Federal Reg- any, does not exceed $500,000; ulations, particularly Sections 0.70, 0.160, (C) Accept offers in compromise in, or set- 0.162, 0.164, 0.166, and 0.168, it is hereby or- tle administratively, all civil claims for at- dered as follows: torneys’ fees, litigation expenses and court Section 1. The Chiefs of the Civil Trial Sec- costs in which the aggregate amount of the tions, the Court of Federal Claims Section, Government’s concession on these claims and the Appellate Section are authorized to does not exceed $200,000, and in which the ag- reject offers in compromise, regardless of gregate amount of the Government’s conces- amount, provided that such action is not op- sion in the case, exclusive of statutory inter- posed by the agency or agencies involved. est, does not exceed $500,000; and Section 2. Subject to the conditions and (D) Accept offers in compromise in all limitations set forth in Section 11 hereof, the other nonmonetary cases which do not in- Chiefs of the Civil Trial Sections and the volve issues concerning collectibility; Court of Federal Claims Section are author- provided that (i) such acceptance is not op- ized to: posed by the agency or agencies involved or (A) Accept offers in compromise in, settle the chief of the section in which the case administratively, and close (other than by originated, and (ii) the proposed compromise compromise or by entry of judgment), all is not subject to reference to the Joint Com- civil cases in which the amount of the Gov- mittee on Taxation. ernment’s concession, exclusive of statutory Section 5. The Chief of the Appellate Sec- interest, does not exceed $500,000; tion is authorized on a case-by case basis to (B) Accept offers in compromise in injunc- redelegate in writing to the Appellate Sec- tion or declaratory judgment suits against tion’s Assistant Section Chiefs the authority the United States in which the principal delegated to the Chief of the Appellate Sec- amount of the related liability, if any, does tion in Section 1 hereof to reject offers, and not exceed $500,000; and in Section 4 hereof, to: (C) Accept offers in compromise in all (A) Accept offers in compromise with ref- other nonmonetary cases; erence to litigation hazards of the issue(s) on provided that such action is not opposed by appeal in all civil cases (other than claims the agency or agencies involved, and pro- for attorneys’ fees, litigation expenses and vided further that the proposed compromise court costs) in which the amount of the Gov- or concession is not subject to reference to ernment’s concession, exclusive of statutory the Joint Committee on Taxation. interest, does not exceed $250,000; and Section 3. The Chiefs of the Civil Trial Sec- (B) Accept offers in compromise in, or set- tions and the Court of Federal Claims Sec- tle administratively, all civil claims for at- tion are authorized on a case-by-case basis to torneys’ fees, litigation expenses and court redelegate in writing to their respective As- costs in which the aggregate amount of the sistant Section Chiefs or Reviewers the au- Government’s concession on these claims

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does not exceed $100,000, and in which the ag- (B) Accept offers in compromise and close gregate amount of the Government’s conces- (other than by compromise or by entry of sion in the case, exclusive of statutory inter- judgment), claims by the United States in all est, does not exceed $250,000; civil cases in which the difference between provided that such redelegation is not made the gross amount of the original claim and to the attorney-of-record in the case. The re- the proposed settlement does not exceed delegations pursuant to this section shall be $2,000,000 or 15 percent of the original claim, by memorandum signed by the Chief of the whichever is greater; Appellate Section, which shall be placed in (C) Accept offers in compromise in all non- the Department of Justice file for the appli- monetary cases; and cable case. (D) Reject offers in compromise or disapprove concessions, regardless of amount; Section 6. Subject to the conditions and limitations set forth in Section 11 hereof, the provided that such action is not opposed by Chief of the Office of Review is authorized to: the agency or agencies involved and the pro- (A) Accept offers in compromise and settle posed compromise or concession is not sub- administratively claims against the United ject to reference to the Joint Committee on States in all civil cases in which the amount Taxation. of the Government’s concession, exclusive of Section 9. In addition to the actions au- statutory interest, does not exceed $1,500,000; thorized by Section 8 hereof, and subject to and the conditions and limitations set forth in (B) Accept offers in compromise and close Section 10 hereof, a Principal Deputy Assist- (other than by compromise or by entry of ant Attorney General is authorized to: judgment), claims by the United States in all (A) Accept offers in compromise and settle civil cases in which the difference between administratively claims against the United the gross amount of the original claim and States in all civil cases, regardless of the proposed settlement does not exceed amount in all cases in which the Joint Com- $1,500,000 or 15 percent of the original claim, mittee on Taxation has indicated that it has whichever is greater; no adverse criticism of the proposed settlement, provided that such action is not op- (C) Accept offers in compromises in all posed by the agency or agencies involved. nonmonetary cases; and (B) Consistent with, and subject to the lim- (D) Reject offers in compromise or dis- itations of, 28 CFR 0.168, and in the absence approve concessions, regardless of amount; of an Assistant Attorney General, redelegate provided that such action is not opposed by authority under this Directive to subordi- the agency or agencies involved or the chief nate division officials and United States At- of the section to which the case is assigned, torneys. and provided further that the proposed com- Section 10. Subject to the conditions and promise or concession is not subject to ref- limitations set forth in Section 11 hereof, erence to the Joint Committee on Taxation. United States Attorneys are authorized to: Section 7. The Chief, Office of Review, is (A) Reject offers in compromise of judg- authorized on a case-by-case basis to redele- ments in favor of the United States, regard- gate in writing to the office’s Assistant Sec- less of the amount; tion Chief or Reviewer the authority dele- (B) Accept offers in compromise of judg- gated to the Chief, Office of Review in Sec- ments in favor of the United States where tion 6 hereof to reject offers, and in Section the amount of the judgment does not exceed 6 hereof, to accept offers in compromise in, $300,000; and settle administratively, and close (other (C) Terminate collection activity by his or than by compromise or by entry of judg- her office as to judgments in favor of the ment), all civil cases in which the amount of United States which do not exceed $300,000 if the Government’s concession, exclusive of the United States Attorney concludes that statutory interest, does not exceed $750,000; the judgment is uncollectible; provided that such redelegation is not made provided that such action has the concur- to the attorney-of-record in the case. The re- rence in writing of the agency or agencies in- delegations pursuant to this section shall be volved, provided further that this authoriza- made by memorandum signed by the Section tion extends only to judgments which have Chief, which shall be placed in the Depart- been formally referred to the United States ment of Justice file for the applicable case. Attorney for collection. Section 8. Subject to the conditions and Section 11. The authority redelegated here- limitations set forth in Section 11 hereof, in shall be subject to the following condi- each of the Deputy Assistant Attorneys Gen- tions and limitations; eral is authorized to: (A) When, for any reason, the compromise (A) Accept offers in compromise and settle or concession of a particular claim, as a administratively claims against the United practical matter, will control or adversely States in all civil cases in which the amount influence the disposition of other claims to- of the Government’s concession, exclusive of taling more than the respective amounts statutory interest, does not exceed $2,000,000; designated in Sections 2, 3, 4, 5, 6, 7, 8, 9, and

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10 hereof, the case shall be forwarded for re- ATTORNEY GENERAL ORDER NO. 1147–86 view at the appropriate level for the cumu- By virtue of the authority vested in the lative amount of the affected claims; Attorney General by 18 U.S.C. 2254, the At- (B) When, because of the importance of a torney General hereby designates the Postal question of law or policy presented, the posi- Service with the authority to conduct civil tion taken by the agency or agencies or by forfeitures under section 2254 of the Protec- the United States Attorney involved, or any tion of Children Against Sexual Exploitation other considerations, the person otherwise Act, as amended by the Child Protection of authorized herein to take final action is of 1984, 18 U.S.C. 2251–2255. the opinion that the proposed disposition In utilizing the authority hereby granted, should be reviewed at a higher level, the case all rules, regulations, and procedures of the shall be forwarded for such review; Federal Bureau of Investigation relating to (C) If the Department has previously sub- the aforementioned Act must be followed, in- mitted a case to the Joint Committee on cluding the Federal Bureau of Investiga- Taxation leaving one or more issues unre- tion’s Manual of Investigative Operations solved, any subsequent compromise or con- and Guidelines. cession in that case must be submitted to The authority hereby granted to enforce the Joint Committee, whether or not the section 2254 of the Protection of Children overpayment exceeds the amount specified Against Sexual Exploitation Act, as amend- in Section 6405 of the Internal Revenue Code; ed by the Child Protection Act of 1984, is sub- (D) Nothing in this Directive shall be con- ject to the direction of the Attorney Gen- strued as altering any provision of Subpart Y eral. of Part 0 of Title 28 of the Code of Federal [34 FR 20388, Dec. 31, 1969] Regulations requiring the submission of certain cases to the Attorney General, the Asso- EDITORIAL NOTE: For FEDERAL REGISTER ci- ciate Attorney General, or the Solicitor Gen- tations affecting the appendix, see the List eral; of CFR Sections Affected, which appears in (E) Authority to approve recommendations the Finding Aids section of the printed vol- that the Government confess error in or to ume and at www.govinfo.gov. concede cases on appeal is excepted from the foregoing redelegations; and Subpart Z—Assigning Responsi- (F) The Assistant Attorney General, at any time, may withdraw any authority delegated bility Concerning Applications by this Directive as it relates to any par- for Orders Compelling Testi- ticular case or category of cases, or to any mony or Production of Evi- part thereof. dence by Witnesses Section 12. With respect to a claim by the United States (also sometimes referred to as § 0.175 Judicial and administrative a claim on behalf of the United States), the proceedings. term ‘‘offer in compromise’’ as used in this Directive is any settlement of such a claim, (a) When the subject matter of a case except settlements in which the United or proceeding is within his or her re- States would receive nothing or virtually spective jurisdiction, the Assistant At- nothing in exchange for giving up its claim; torney General, Criminal Division, the and the term ‘‘to close (other than by com- Assistant Attorney General for Na- promise or entry of judgment),’’ refers to a tional Security, or any Deputy Assist- settlement under which the United States ant Attorney General, Criminal Divi- would receive nothing, or virtually nothing sion or of the National Security Divi- in exchange for giving up its claim. sion is authorized to exercise the au- Section 13. For a claim against the United States, the term ‘‘offer in compromise’’ as thority vested in the Attorney General used in this Directive is any settlement of by 18 U.S.C. 6003, to approve the appli- such a claim, except settlements in which cation of a U.S. Attorney to a federal the United States would receive nothing, or court for an order compelling testi- virtually nothing, in exchange for conceding mony or the production of information the claim against it; and the term to ‘‘settle by a witness in any proceeding before administratively,’’ means a settlement in or ancillary to a court or grand jury of which the United States would receive noth- the United States, and the authority ing, or virtually nothing, for conceding the claim against it. vested in the Attorney General by 18 Section 14. This Directive supersedes Tax U.S.C. 6004, to approve the issuance by Division Directive No. 135, which was effec- an agency of the United States of an tive November 21, 2007. order compelling testimony or the pro- Section 15. This Directive shall become ef- duction of information by a witness in fective on March 21, 2011. a proceeding before the agency, when

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the subject matter of the case or pro- tion of information in a congressional ceeding is either within the cognizance proceeding when submitted to the At- of the Assistant Attorney General, torney General by either House of Con- Criminal Division, the Assistant Attor- gress or a committee or a sub- ney General for National Security, or committee of the Congress pursuant to is not within the cognizance of the Di- 18 U.S.C. 6005 shall be referred to the visions or Administration designated Assistant Attorney General of the Di- in paragraphs (b) and (c) of this sec- vision or the Administrator of the Ad- tion. ministration having cognizance of the (b) The Assistant Attorneys General subject matter of the proceedings: Pro- or any Deputy Assistant Attorney Gen- vided, however, That either the notice eral of the Antitrust Division, the Civil or a copy thereof shall in any event be Division, the Civil Rights Division, the referred to the Assistant Attorney Environment and Natural Resources General in charge of the Criminal Divi- Division and the Tax Division are au- sion. thorized to exercise the power and au- (b) The Assistant Attorneys General thority vested in the Attorney General and Deputy Assistant Attorneys Gen- by 18 U.S.C. 6003 to approve the appli- eral designated in § 0.175 (a) and (b) are cation of a U.S. Attorney to a Federal authorized to exercise the power and court for an order compelling testi- authority vested in the Attorney Gen- mony or the production of information eral by 18 U.S.C. 6005 to apply to a dis- in any proceeding before or ancillary to a court or grand jury of the United trict court of the United States to States when the subject matter of the defer the issuance of an order compel- case or proceeding is within the cog- ling the testimony of a witness or the nizance of their respective Divisions: production of information in a proceeding before either House of Con- Provided, however, That no approval shall be granted unless the Criminal gress, or any committee or sub- Division indicates that it has no objec- committee of either House, or any tion to the proposed grant of immu- joint committee of the two Houses. nity. [Order No. 445–70, 35 FR 19397, Dec. 23, 1970, as (c) The Assistant Attorneys General amended by Order No. 520–73, 38 FR 18381, and Deputy Assistant Attorneys Gen- July 10, 1973; Order No. 960–81, 46 FR 52353, eral designated in paragraph (b) of this Oct. 27, 1981; Order No. 1310–88, 54 FR 298, section, and the Administrator of the Jan. 5, 1989] Drug Enforcement Administration are authorized to exercise the authority § 0.177 Applications for orders under the Comprehensive Drug Abuse vested in the Attorney General by 18 Prevention and Control Act. U.S.C. 6004 to approve the issuance by an agency of the United States of an Notwithstanding the delegation of order compelling testimony or the pro- functions contained in subpart R of duction of information by a witness in this part, the Assistant Attorney Gen- a proceeding before the agency when eral in charge of the Criminal Division the subject matter of the proceeding is is authorized to exercise the authority within the cognizance of their respec- vested in the Attorney General by sec- tive Divisions or the Administration: tion 514 of the Comprehensive Drug Provided, however, That no approval Abuse Prevention and Control Act of shall be granted unless the Criminal 1970, 84 Stat. 1276, to approve the appli- Division indicates that it has no objec- cation of a U.S. Attorney to a Federal tion to the proposed grant of immu- court for an order compelling testi- nity. mony or the production of information in any proceeding before a court or [Order No. 1310–88, 54 FR 297, Jan. 5, 1989, as grand jury of the United States. Immu- amended by Order No. 2865–2007, 72 FR 10068, nity shall be granted in agency pro- Mar. 7, 2007] ceedings under that Act only with the § 0.176 Congressional proceedings. concurrence of the Assistant Attorney General in charge of the Criminal Divi- (a) A notice of an intention to re- sion. quest an order from a district court compelling testimony or the produc- [Order No. 445–70, 35 FR 19397, Dec. 23, 1970]

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§ 0.177a Antitrust civil investigative bility for the case or matter in which demands. the alleged obstruction occurred. The The Assistant Attorney General in Assistant Attorney General in charge charge of the Antitrust Division is au- of each Division shall have full author- thorized to issue orders pursuant to ity to conduct prosecution of such section 6004 of title 18, United States charges, including authority to appoint Code, to compel testimony in response special attorneys to present evidence to antitrust civil investigative de- to grand juries. However, such enforce- mands for oral testimony. Issuance of ment shall be preceded by consultation such orders shall be subject to the con- with the Assistant Attorney General in currence of the Assistant Attorney charge of the Criminal Division, to de- General in charge of the Criminal Divi- termine the appropriate supervisory ju- sion. risdiction. (See 38 CFR 0.55(p).) (b) In the event the Assistant Attor- [Order No. 753–77, 42 FR 56730, Oct. 28, 1977] ney General in charge of the Division having responsibility for the case or § 0.178 Redelegation of authority. matter does not wish to assume super- The Administrator of the Drug En- visory jurisdiction he shall refer the forcement Administration is author- matter to the Assistant Attorney Gen- ized to redelegate the authority dele- eral in charge of the Criminal Division gated by this subpart to the Deputy for handling by that Division. Administrator of DEA, to be exercised solely during the absence of the Ad- [Order No. 630–75, 40 FR 53390, Nov. 18, 1975] ministrator from the City of Wash- ington. Subpart AA—Orders of the Attorney General [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, SOURCE: Order No. 460–71, 36 FR 12096, June Oct. 27, 1981; Order No. 1310–88, 54 FR 298, 25, 1971, unless otherwise noted. Jan. 5, 1989] § 0.180 Documents designated as or- Subpart Z–1—Prosecutions for Ob- ders. struction of Justice and Re- All documents relating to the organi- lated Charges zation of the Department or to the assignment, transfer, or delegation of au- § 0.179 Scope. thority, functions, or duties by the At- torney General or to general depart- This subpart applies to the following mental policy shall be designated as matters: orders and shall be issued only by the (a) Obstruction of justice and ob- Attorney General in a separate, num- struction of a criminal investigation bered series. Classified orders shall be (18 U.S.C. 1501–1511); identified as such, included within the (b) Perjury and subornation of per- numbered series, and limited to the jury (18 U.S.C. 1621, 1622); distribution provided for in the order (c) False declarations before a grand or determined by the Assistant Attor- jury or court (18 U.S.C. 1623); ney General for Administration. All (d) Fraud and false statements in documents amending, modifying, or re- matters within the jurisdiction of a voking such orders, in whole or in part, government agency (18 U.S.C. 1001); and shall likewise be designated as orders (e) Conspiracy to defraud the United within such numbered series, and no States (18 U.S.C. 371). other designation of such documents [Order No. 630–75, 40 FR 53390, Nov. 18, 1975] shall be used.

§ 0.179a Enforcement responsibilities. § 0.181 Requirements for orders. (a) Matters involving charges of ob- Each order prepared for issuance by struction of justice, perjury, fraud or or approval of the Attorney General false statement, as described in § 0.179, shall be given a suitable title, shall shall be under the supervisory jurisdic- contain a clear and concise statement tion of the Division having responsi- explaining the substance of the order,

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and shall cite the authority for its Attorney General’s order, in accord- issuance. ance with subpart AA of this part. § 0.182 Submission of proposed orders [Order No. 960–81, 46 FR 52354, Oct. 27, 1981] to the Office of Legal Counsel. All orders prepared for the approval § 0.191 Changes which affect the overall structure of the Department. or signature of the Attorney General shall be submitted to the Office of Changes to the overall structure of Legal Counsel for approval as to form the Department include: The establish- and legality and consistency with ex- ment, merger or abolishment of Of- isting orders. fices, Boards, Divisions, and Bureaus; changes in reporting lines of Offices, § 0.183 Distribution of orders. Boards, Divisions and Bureaus to the The distribution of orders, unless Department; and transfers of major otherwise provided by the Attorney functions between or among Offices, General, shall be determined by the As- Boards, Divisions and Bureaus. sistant Attorney General for Adminis- tration. [Order No. 808–78, 43 FR 54929, Nov. 24, 1978]

Subpart BB—Sections and Subunits Subpart CC—Jurisdictional Disagreements § 0.190 Changes within organizational units. § 0.195 Procedure with respect to juris- (a) The head of each Office, Board, dictional disagreements. Division or Bureau may from time to Any disagreement between or among time propose the establishment, trans- heads of the organizational units as to fer, reorganization or termination of their respective jurisdictions shall be major functions within his organiza- resolved by the Attorney General, who tional unit as he may deem necessary may, if he so desires, issue an order in or appropriate. In each instance, the head of the Office, Board, Division or the numbered series disposing of the Bureau shall submit the proposed matter. change in writing to the Assistant At- [Order No. 423–69, 34 FR 20388, Dec. 31, 1969. torney General for Administration. Redesignated by Order No. 445–70, 35 FR The Assistant Attorney General for 19397, Dec. 23, 1970] Administration shall evaluate the pro- posal and shall submit the proposed § 0.196 Procedures for resolving dis- change, along with his recommenda- agreements concerning mail or case tion, to the Associate Attorney when assignments. appropriate, and in all other cases di- When an assignment for the handling rectly to the Deputy Attorney General. of mail or a case has been made Where the Associate Attorney General through established procedures and the has received a proposed change, he appropriate authorities in any organi- shall evaluate it, and shall submit it zational unit of the Department dis- along, with his recommendation, to the agree concerning jurisdiction of the Deputy Attorney General. The Deputy unit for handling the matter or mat- Attorney General shall then approve or ters assigned, the disagreement, to- disapprove the change. gether with a statement of the view of (b) The approval shall be final in the case of changes which do not affect the the unit or units involved, shall be re- overall structure of the Department. ferred to the Assistant Attorney Gen- Proposed changes which are deter- eral for Administration for determina- mined by the Deputy Attorney General tion. If the disagreement cannot be re- to affect the overall structure of the solved, the matter shall be referred to Department’s organization shall be for- the Deputy Attorney General for final warded by the Deputy Attorney Gen- disposition. eral to the Attorney General for final [Order No. 900–80, 45 FR 43703, June 30, 1980] approval prior to implementation, and shall be effectuated by issuance of an

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§ 0.197 Agreements, in connection with military offenses. Petitions and other criminal proceedings or investiga- required forms may be obtained from tions, promising non-deportation or the Pardon Attorney. Petition forms other immigration benefits. for commutation of sentence also may The Immigration and Naturalization be obtained from the wardens of federal Service (Service) shall not be bound, in penal institutions. A petitioner apply- the exercise of its authority under the ing for executive clemency with re- immigration laws, through plea agree- spect to military offenses should sub- ments, cooperation agreements, or mit his or her petition directly to the other agreements with or for the ben- Secretary of the military department efit of alien defendants, witnesses, or that had original jurisdiction over the informants, or other aliens cooperating court-martial trial and conviction of with the United States Government, the petitioner. In such a case, a form except by the authorization of the furnished by the Pardon Attorney may Commissioner of the Service or the be used but should be modified to meet Commissioner’s delegate. Both the agreement itself and the necessary au- the needs of the particular case. Each thorization must be in writing to be ef- petition for executive clemency should fective, and the authorization shall be include the information required in the attached to the agreement. form prescribed by the Attorney Gen- eral. [Order No. 2055–96, 61 FR 48406, Sept. 13, 1996] § 1.2 Eligibility for filing petition for PART 1—EXECUTIVE CLEMENCY pardon. No petition for pardon should be filed Sec. until the expiration of a waiting period 1.1 Submission of petition; form to be used; contents of petition. of at least five years after the date of 1.2 Eligibility for filing petition for pardon. the release of the petitioner from con- 1.3 Eligibility for filing petition for com- finement or, in case no prison sentence mutation of sentence. was imposed, until the expiration of a 1.4 Offenses against the laws of possessions period of at least five years after the or territories of the United States. date of the conviction of the petitioner. 1.5 Disclosure of files. 1.6 Consideration of petitions; notification Generally, no petition should be sub- of victims; recommendations to the mitted by a person who is on proba- President. tion, parole, or supervised release. 1.7 Notification of grant of clemency. 1.8 Notification of denial of clemency. § 1.3 Eligibility for filing petition for 1.9 Delegation of authority. commutation of sentence. 1.10 Procedures applicable to prisoners under a sentence of death imposed by a No petition for commutation of sen- United States District Court. tence, including remission of fine, 1.11 Advisory nature of regulations. should be filed if other forms of judi- AUTHORITY: U.S. Const., Art. II, sec. 2; au- cial or administrative relief are avail- thority of the President as Chief Executive; able, except upon a showing of excep- and 28 U.S.C. 509, 510. tional circumstances. SOURCE: Order No. 1798–93, 58 FR 53658, Oct. 18, 1993, unless otherwise noted. § 1.4 Offenses against the laws of possessions or territories of the United § 1.1 Submission of petition; form to be States. used; contents of petition. Petitions for executive clemency A person seeking executive clemency shall relate only to violations of laws by pardon, reprieve, commutation of of the United States. Petitions relating sentence, or remission of fine shall exe- to violations of laws of the possessions cute a formal petition. The petition of the United States or territories sub- shall be addressed to the President of ject to the jurisdiction of the United the United States and shall be sub- States should be submitted to the ap- mitted to the Pardon Attorney, De- propriate official or agency of the pos- partment of Justice, Washington, DC session or territory concerned. 20530, except for petitions relating to

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