Notice of Signing of a Memorandum of Understanding Between the Departments of Justice and Labor Relating to the Investigation and Prosecution of Crimes and Civil Enforcement Actions Under the Labor-Management Reporting and Disclosure Act of 1959, 20601-20603 [05-7890]
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Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / Notices
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submissions
of responses.
III. Current Actions
The Department of Labor seeks the
approval of the extension of this
information collection to grant employer
requests to employ students at
subminimum wages.
Type of Review: Extension.
Agency: Employment Standards
Administration.
Titles: Application for Authority to
Employ Full-Time Students at
Subminimum Wages in Retail/Service
Establishments or Agriculture.
OMB Number: 1215–0032.
Agency Numbers: WH–200 and WH–
202.
Affected Public: Business or other forprofit; Farms; Individual or households;
No-for-profit institutions.
Total Respondents: 240.
Total Annual Responses: 240.
Estimated Total Burden Hours: 43.
Estimated Time Per Response: 10 to
30 minutes.
Frequency: Annually.
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operating/
maintenance): $0.
Comments submitted in response to
this notice will be summarized and/or
included in the request for Office of
Management and Budget approval of the
information collection request; they will
also become a matter of public record.
Dated: April 14, 2005.
Sue Blumenthal,
Acting Chief, Branch of Management Review
and Internal Control, Division of Financial
Management, Office of Management,
Administration and Planning, Employment
Standards Administration.
[FR Doc. 05–7891 Filed 4–19–05; 8:45 am]
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DEPARTMENT OF LABOR
Employment Standards Administration
Notice of Signing of a Memorandum of
Understanding Between the
Departments of Justice and Labor
Relating to the Investigation and
Prosecution of Crimes and Civil
Enforcement Actions Under the LaborManagement Reporting and Disclosure
Act of 1959
Employment Standards
Administration, Labor.
ACTION: Notice of Memorandum of
Understanding between the
Departments of Justice and Labor.
AGENCY:
SUMMARY: The Department of Labor,
Employment Standards Administration,
is providing notice of a Memorandum of
Understanding between the
Departments of Justice and Labor
(MOU), signed January 18, 2005. The
MOU describes the responsibilities of
each agency in the performance of
functions under the Labor-Management
Reporting and Disclosure Act of 1959
(Act). The purpose of the MOU is to
revise a previous Memorandum of
Understanding Between the
Departments of Justice and Labor (1960
Memorandum of Understanding)
concerning the allocation of such
responsibilities. The MOU enhances
administrative efficiency in the
investigation and prosecution of crimes
and civil violations arising under the
Act. A copy of the MOU is set forth
below.
EFFECTIVE DATE: January 18, 2005.
FOR FURTHER INFORMATION CONTACT: Mr.
John H. Heaney, Chief, Division of
Enforcement, Office of LaborManagement Standards, Employment
Standards Administration, U.S.
Department of Labor, Room N–5119,
Washington, DC 20210, (202) 693–1229
(this is not a toll-free number). TTY/
TDD, 1–800–877–8339.
SUPPLEMENTARY INFORMATION: The
Labor-Management Reporting and
Disclosure Act of 1959 (Pub. L. 86–257;
29 U.S.C. 401–531) is designed to
protect the rights and interests of
individual employees and union
members as they relate to the activities
of labor organizations, labor
organization officers and employees,
employers, labor relations consultants,
and their officers and representatives.
Section 607 of the Act (29 U.S.C. 527)
provides that, in order to avoid
unnecessary expense and duplication of
functions among government agencies,
the Secretary of Labor may make
agreements for cooperation and mutual
assistance in the performance of the
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20601
Secretary’s functions under the Act. The
first such agreement was entered into
between the Departments of Labor and
Justice in the 1960 Memorandum of
Understanding. See 25 FR 1708 (Feb. 26,
1960). To this same end, the MOU
appended to this notice specifies which
criminal matters will be investigated by
the Department of Labor, which will be
investigated by the Department of
Justice, and which will be investigated
by the Department of Justice under
delegation from the Secretary of Labor,
subject to specific arrangements agreed
upon by the two Departments on a caseby-case basis.
In addition, the MOU contains a
provision, not present in the 1960
Memorandum of Understanding, that
specifies the respective roles of the
Departments of Justice and Labor in
regard to relief from the employment
disabilities arising under § 504 of title V,
29 U.S.C. 504. Section 504 prohibits
persons convicted of crimes specified in
the statute from serving in stated
capacities with an LMRDA-covered
labor organization or employer
association; from serving as a labor
relations consultant or in a position
with a corporation or association having
specific collective bargaining authority
or direct responsibility for labormanagement relations; and from having
decisionmaking authority or control of
labor organization assets (other than as
a member of the labor organization). The
disability imposed by Section 504
extends until 13 years following a
disqualifying conviction or end of any
imprisonment resulting from such
conviction.
No Third-Party Rights Created: The
MOU was adopted for the purpose of
the internal management of the
Executive Branch. The MOU is not
intended to, does not, and may not be
relied upon to, create any rights,
substantive or procedural, enforceable at
law or in equity by any party in any
matter civil or criminal, nor does the
MOU place any limitations on otherwise
lawful investigative or litigation
prerogatives of the United States
Department of Justice or otherwise
lawful investigative prerogatives of the
United States Department of Labor.
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20602
Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / Notices
Dated at Washington, DC, this 15th day of
April 2005.
Victoria A. Lipnic,
Assistant Secretary for Employment
Standards Administration.
Don Todd,
Deputy Assistant Secretary for LaborManagement Programs.
Memorandum of Understanding
Between the Departments of Justice and
Labor Relating to the Investigation and
Prosecution of Crimes and Civil
Enforcement Actions Under the LaborManagement Reporting and Disclosure
Act of 1959 (Pub. L. 86–257)
Whereas, the Labor-Management
Reporting and Disclosure Act of 1959
(Public Law 86–257; 73 Stat. 519)
imposes certain duties and
responsibilities upon the Attorney
General and Secretary of Labor with
regard to prosecution of crimes arising
under the Act and civil enforcement
actions under the Act; and
Whereas, that Act, in section 601,
imposes upon the Secretary of Labor the
responsibility for conducting
investigations of persons who have
violated, or are about to violate, any
provision of the Act (except title I, or
amendments made by this Act to other
statutes); and
Whereas, that Act, in section 607,
provides that the Secretary of Labor may
make interagency agreements to avoid
unnecessary expense and duplication of
functions among Government agencies
and ensure cooperation and mutual
assistance in the performance of
functions under the Act; and
Whereas, it is desirable and essential
that areas of responsibility and
procedures in connection with any
investigations, prosecutions of offenses
and civil enforcement actions arising
under the Act should be the subject of
formal agreement between the
Departments;
It is hereby agreed and understood
between the Department of Justice and
the Department of Labor as follows:
1. Criminal Prosecutions. All cases
involving violation of the criminal
provisions of the Act will be prosecuted
by the Department of Justice. Those
cases investigated by the Department of
Labor, hereinafter detailed, will be
referred to the appropriate United States
Attorney’s office(s) where the criminal
violation(s) occurred or to the Criminal
Division, Department of Justice, as
provided in section 607.
2. Investigations of Matters Made
Criminal by the Act. Subject to specific
arrangements agreed upon by the
Department of Justice and the
Department of Labor on a case by case
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Jkt 205001
basis, investigations under the Act will
be conducted as follows:
(a) The Department of Labor will
through its own staff investigate those
criminal matters arising under:
1. Title II (Reporting by labor
organizations, officers and employees of
labor organizations and employers).
2. Title III (Trusteeship).
3. Section 501(c) (Embezzlement of
union funds) of title V.
4. Section 502 (Bonding) of title V.
5. Section 503 (Making of loans and
payment of fines) of title V.
6. Section 504 (Prohibition against
certain persons holding office) of title V.
7. Section 602 (Extortionate picketing)
of title VI.
8. Section 610 (Deprivation of rights
by force and violence) of title VI.
(b) The Department of Justice will
investigate those criminal matters
arising under section 505 (Containing an
amendment to section 302, Labor
Management Relations Act, 1947, as
amended) of title V, and under
delegation from the Secretary of Labor,
section 501(c) (Embezzlement of union
funds) of title V, section 504
(Prohibition against certain person
holding office) of title V, and section
610 (Deprivation of rights by force and
violence) of title VI.
3. Notification. Whenever either
Department learns or is informed of any
matter coming within the investigative
jurisdiction of the other Department, as
set forth above, it will notify such other
Department in writing and furnish all
information in its possession regarding
the matter.
4. Exercise of other functions.
Exercise of delegated investigative
authority by the Department of Justice
pursuant to this agreement shall not
preclude the Department of Labor from
making inquiries for the purpose of
administrative action related to the
crime being investigated. Nothing in
this Memorandum of Understanding
shall be construed to affect the
investigative jurisdiction of the
Department of Justice under other
statutes.
5. Prosecution of Civil Enforcement
Actions. Any violations of the Act,
which form the basis for civil
enforcement actions, will be
investigated by the Department of Labor.
Whenever the Department of Labor
concludes that a civil enforcement
action should be instituted, it will refer
the case to the Department of Justice,
with the request that suit be instituted
on behalf of the Secretary of Labor, and
will furnish the Department of Justice
with all pertinent information in the
possession of the Department of Labor.
Upon receipt of such request, the
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Department of Justice will institute and
will conduct the civil enforcement
action on behalf of the Secretary of
Labor. The Department of Justice will
not institute any civil enforcement
action under the Act except upon the
request of the Department of Labor, nor
will the Department of Justice
voluntarily dismiss any action so
instituted except with the concurrence
of the Department of Labor. The
Department of Justice will dismiss any
action so instituted upon the request of
the Department of Labor. Department of
Justice attorneys will collaborate with
the attorneys of the Office of the
Solicitor of Labor in the preparation
and, to the extent feasible, in the
presentation of such actions in court.
6. Section 504(a) Proceedings. Subject
to specific arrangements agreed upon by
the Department of Justice and the
Department of Labor on a case by case
basis, the Department of Labor through
its own staff will investigate matters
arising under section 504(a)(B) of title V,
as amended, (judicial determination that
a disqualified person’s service in any
prohibited capacity would not be
contrary to the purposes of the LMRDA).
Following the investigation, the
Department of Labor will issue its views
on the appropriateness of such a judicial
determination under section 504(a)(B).
The Department of Justice will present
the Secretary of Labor’s views before a
Federal sentencing judge or United
States district court, by making all
necessary appearances and filings.
Department of Justice attorneys will
collaborate with the attorneys of the
Office of the Solicitor of Labor in the
preparation and, to the extent feasible,
in the presentation of the Secretary’s
views in court. With respect to relief
under section 504(a) by judicial
reduction of the period of disability, the
Department of Justice will seek the
views of the Department of Labor prior
to opposing or agreeing to a request for
such relief by a criminal defendant or
disqualified person.
7. Instructions. So that the terms of
understanding will be effectively
performed, both Departments will issue
instructions for the guidance of its
officers, such instructions to be
submitted for comment to the other
Department prior to their issuance.
8. Periodic reviews of this agreement
will be made to determine any
adjustments which seem necessary
based on experience under this Act.
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Federal Register / Vol. 70, No. 75 / Wednesday, April 20, 2005 / Notices
Signed at Washington, DC, this 18th day of
January 2005.
John Ashcroft,
Attorney General.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. 05–7890 Filed 4–19–05; 8:45 am]
BILLING CODE 4510–CP–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
EFFECTIVE DATE:
This notice is effective
April 20, 2005.
Agency Information Collection
Activities; Announcement of Office of
Management and Budget (OMB)
Control Numbers Under the Paperwork
Reduction Act
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice; announcement of OMB
approval of information collection
requirements.
AGENCY:
SUMMARY: The Occupational Safety and
Health Administration (OSHA)
announces that OMB has extended its
approval for a number of information
collection requirements found in
sections of 29 CFR parts 1910 and 1926.
OSHA sought approval under the
Paperwork Reduction Act of 1995
(PRA–95), and, as required by that Act,
is announcing the approval numbers
and expiration dates for those
requirements.
FOR FURTHER INFORMATION CONTACT:
Todd Owen or Theda Kenney,
Directorate of Standards and Guidance,
Occupational Safety and Health
Administration, U.S. Department of
Labor, Room N–3609, 200 Constitution
Avenue, NW., Washington, DC 20210,
telephone: (202) 693–2222.
SUPPLEMENTARY INFORMATION: In a series
of Federal Register notices, the Agency
announced its requests to OMB to renew
Access to Employee Exposure and Medical Records (29 CFR 1910.1020)
Additonal Requirements for Special Dipping and Coating Operations (Dip
Tanks) (29 CFR 1910.126(g)(4)).
Application for Training Grant ........................................................................
Asbestos in General Industry (29 CFR 1910.1001) .......................................
Bloodborne Pathogens Standard (29 CFR 1910.1030) .................................
Concrete and Masonry Construction (29 CFR part 1926, subpart Q) ...........
Construction Fall Protection Plans and Training Requirements (29 CFR
1926.502 and 1926.503).
Control of Hazardous Energy Sources (Lockout/Tagout) (29 CFR
1910.147).
Course Evaluation ..........................................................................................
Cranes and Derricks Standard for Construction (29 CFR 1926.550(a)(6)) ...
Cranes and Derricks Standard for Construction; Notification of Operational
Specification and Hand Signals (29 CFR 1926.550.
Cranes and Derricks Standard for Construction; Recording Tests for Toxic
Gases and Oxygen-Deficient Atmospheres in Enclosed Spaces.
Crawler, Truck and Locomotive Cranes (29 CFR 1926.550(b)(2)) ................
Definition and Requirement for a Nationally Recognized Testing Laboratory
(29 CFR 1910.7).
Formaldehyde (29 CFR 1910.1048) ..............................................................
Gear Certification (29 CFR part 1919) ...........................................................
Grantee Quarterly Progress Report ...............................................................
The Hydrostatic Testing Provision of the Standard on Portable Fire Extinguishers (29 CFR 1910.157(f)(16)).
Ionizing Radiation (29 CFR 1910.1096) .........................................................
Logging Operations (29 CFR 1910.266) ........................................................
Manlifts (29 CFR 1910.68(e)) .........................................................................
14:54 Apr 19, 2005
Jkt 205001
its current extensions of approvals for
various information collection
(paperwork) requirements in its safety
and health standards for general
industry and the construction industry
(i.e., 29 CFR parts 1910 and 1926). In
these Federal Register announcements,
the Agency provided 60-day comment
periods for the public to respond to
OSHA’s burden-hour and cost
estimated.
In accordance with PRA–95 (44 U.S.C.
3501–3520), OMB renewed its approval
for these information collection
requirements and assigned OMB control
numbers to these requirements. The
table below provides the following
information for each of these OMBapproved requirements: the title of the
collection; the date of the Federal
Register notice; the Federal Register
reference (date, volume, and leading
page); OMB’s control number; and the
new expiration date.
Date of Federal Register publication,
Federal Register reference, and
OSHA docket number
Title
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20603
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OMB control
number
Expiration
date
12/19/2003, 68 FR 70840,
Docket No. 1218–0065 (2004)
3/16/2004, 69 FR 12354,
Docket No. 1218–00237 (2004)
3/18/2004, 69 FR 12868,
Docket No. 1218–00020 (2004)
02/05/2004, 69 FR 5587,
Docket No. 1218–0133 (2004)
05/07/2004, 69 FR 25611,
Docket No. 1218–0180 (2004)
08/26/2004, 69 FR 52528,
Docket No. 1218–0095 (2004)
12/23/2003, 69 FR 74258,
Docket No. 1218–0197 (2004)
03/11/2004, 69 FR 11664,
Docket No. 1218–0150 (2004)
04/20/2004, 69 FR 21163,
Docket No. 1218–0173 (2004)
07/28/2004, 69 FR 45081,
Docket No. 1218–0113 (2004)
09/23/2004, 69 FR 57097,
Docket No. 1218–0115 (2004)
09/23/2004, 69 FR 57098,
Docket No. 1218–0054 (2004)
07/19/2004, 69 FR 43020,
Docket No. 1218–0232 (2004)
11/04/2003, 68 FR 62477,
Docket No. 1218–0147 (2004)
12/12/2003, 68 FR 69425,
Docket No. 1218–0145 (2004)
08/27/2004, 69 FR 52734,
Docket No. 1218–0003 (2004)
03/18/2004, 69 FR 12869,
Docket No. 1218–0100 (2004)
03/26/2004, 69 FR 15907,
Docket No. 1218–0218 (2004)
07/23/2004, 69 FR 44068,
Docket No. 1218–0103 (2004)
07/28/2004, 69 FR 45082,
Docket No. 1218–0198 (2004)
07/19/2004, 69 FR 43018,
Docket No. 1218–0226 (2004)
1218–0065
04/30/2007
1218–0237
7/31/2007
1218–0020
09/30/2007
1218–0133
06/30/2007
1218–0180
11/30/2007
1218–0095
12/31/2007
1218–0197
05/31/2007
1218–0150
02/29/2008
1218–0173
09/30/2007
1218–0113
12/31/2007
1218–0115
12/31/2007
1218–0054
12/31/2007
1218–0232
02/29/2008
1218–0147
04/30/2007
1218–0145
04/30/2007
1218–0003
12/31/2007
1218–0100
08/31/2007
1218–0218
09/30/2007
1218–0103
11/30/2007
1218–0198
12/31/2007
1218–0198
12/31/2007
Sfmt 4703
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]]>Agencies
[Federal Register Volume 70, Number 75 (Wednesday, April 20, 2005)]
[Notices]
[Pages 20601-20603]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7890]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment Standards Administration
Notice of Signing of a Memorandum of Understanding Between the
Departments of Justice and Labor Relating to the Investigation and
Prosecution of Crimes and Civil Enforcement Actions Under the Labor-
Management Reporting and Disclosure Act of 1959
AGENCY: Employment Standards Administration, Labor.
ACTION: Notice of Memorandum of Understanding between the Departments
of Justice and Labor.
-----------------------------------------------------------------------
SUMMARY: The Department of Labor, Employment Standards Administration,
is providing notice of a Memorandum of Understanding between the
Departments of Justice and Labor (MOU), signed January 18, 2005. The
MOU describes the responsibilities of each agency in the performance of
functions under the Labor-Management Reporting and Disclosure Act of
1959 (Act). The purpose of the MOU is to revise a previous Memorandum
of Understanding Between the Departments of Justice and Labor (1960
Memorandum of Understanding) concerning the allocation of such
responsibilities. The MOU enhances administrative efficiency in the
investigation and prosecution of crimes and civil violations arising
under the Act. A copy of the MOU is set forth below.
EFFECTIVE DATE: January 18, 2005.
FOR FURTHER INFORMATION CONTACT: Mr. John H. Heaney, Chief, Division of
Enforcement, Office of Labor-Management Standards, Employment Standards
Administration, U.S. Department of Labor, Room N-5119, Washington, DC
20210, (202) 693-1229 (this is not a toll-free number). TTY/TDD, 1-800-
877-8339.
SUPPLEMENTARY INFORMATION: The Labor-Management Reporting and
Disclosure Act of 1959 (Pub. L. 86-257; 29 U.S.C. 401-531) is designed
to protect the rights and interests of individual employees and union
members as they relate to the activities of labor organizations, labor
organization officers and employees, employers, labor relations
consultants, and their officers and representatives. Section 607 of the
Act (29 U.S.C. 527) provides that, in order to avoid unnecessary
expense and duplication of functions among government agencies, the
Secretary of Labor may make agreements for cooperation and mutual
assistance in the performance of the Secretary's functions under the
Act. The first such agreement was entered into between the Departments
of Labor and Justice in the 1960 Memorandum of Understanding. See 25 FR
1708 (Feb. 26, 1960). To this same end, the MOU appended to this notice
specifies which criminal matters will be investigated by the Department
of Labor, which will be investigated by the Department of Justice, and
which will be investigated by the Department of Justice under
delegation from the Secretary of Labor, subject to specific
arrangements agreed upon by the two Departments on a case-by-case
basis.
In addition, the MOU contains a provision, not present in the 1960
Memorandum of Understanding, that specifies the respective roles of the
Departments of Justice and Labor in regard to relief from the
employment disabilities arising under Sec. 504 of title V, 29 U.S.C.
504. Section 504 prohibits persons convicted of crimes specified in the
statute from serving in stated capacities with an LMRDA-covered labor
organization or employer association; from serving as a labor relations
consultant or in a position with a corporation or association having
specific collective bargaining authority or direct responsibility for
labor-management relations; and from having decisionmaking authority or
control of labor organization assets (other than as a member of the
labor organization). The disability imposed by Section 504 extends
until 13 years following a disqualifying conviction or end of any
imprisonment resulting from such conviction.
No Third-Party Rights Created: The MOU was adopted for the purpose
of the internal management of the Executive Branch. The MOU is not
intended to, does not, and may not be relied upon to, create any
rights, substantive or procedural, enforceable at law or in equity by
any party in any matter civil or criminal, nor does the MOU place any
limitations on otherwise lawful investigative or litigation
prerogatives of the United States Department of Justice or otherwise
lawful investigative prerogatives of the United States Department of
Labor.
[[Page 20602]]
Dated at Washington, DC, this 15th day of April 2005.
Victoria A. Lipnic,
Assistant Secretary for Employment Standards Administration.
Don Todd,
Deputy Assistant Secretary for Labor-Management Programs.
Memorandum of Understanding Between the Departments of Justice and
Labor Relating to the Investigation and Prosecution of Crimes and Civil
Enforcement Actions Under the Labor-Management Reporting and Disclosure
Act of 1959 (Pub. L. 86-257)
Whereas, the Labor-Management Reporting and Disclosure Act of 1959
(Public Law 86-257; 73 Stat. 519) imposes certain duties and
responsibilities upon the Attorney General and Secretary of Labor with
regard to prosecution of crimes arising under the Act and civil
enforcement actions under the Act; and
Whereas, that Act, in section 601, imposes upon the Secretary of
Labor the responsibility for conducting investigations of persons who
have violated, or are about to violate, any provision of the Act
(except title I, or amendments made by this Act to other statutes); and
Whereas, that Act, in section 607, provides that the Secretary of
Labor may make interagency agreements to avoid unnecessary expense and
duplication of functions among Government agencies and ensure
cooperation and mutual assistance in the performance of functions under
the Act; and
Whereas, it is desirable and essential that areas of responsibility
and procedures in connection with any investigations, prosecutions of
offenses and civil enforcement actions arising under the Act should be
the subject of formal agreement between the Departments;
It is hereby agreed and understood between the Department of
Justice and the Department of Labor as follows:
1. Criminal Prosecutions. All cases involving violation of the
criminal provisions of the Act will be prosecuted by the Department of
Justice. Those cases investigated by the Department of Labor,
hereinafter detailed, will be referred to the appropriate United States
Attorney's office(s) where the criminal violation(s) occurred or to the
Criminal Division, Department of Justice, as provided in section 607.
2. Investigations of Matters Made Criminal by the Act. Subject to
specific arrangements agreed upon by the Department of Justice and the
Department of Labor on a case by case basis, investigations under the
Act will be conducted as follows:
(a) The Department of Labor will through its own staff investigate
those criminal matters arising under:
1. Title II (Reporting by labor organizations, officers and
employees of labor organizations and employers).
2. Title III (Trusteeship).
3. Section 501(c) (Embezzlement of union funds) of title V.
4. Section 502 (Bonding) of title V.
5. Section 503 (Making of loans and payment of fines) of title V.
6. Section 504 (Prohibition against certain persons holding office)
of title V.
7. Section 602 (Extortionate picketing) of title VI.
8. Section 610 (Deprivation of rights by force and violence) of
title VI.
(b) The Department of Justice will investigate those criminal
matters arising under section 505 (Containing an amendment to section
302, Labor Management Relations Act, 1947, as amended) of title V, and
under delegation from the Secretary of Labor, section 501(c)
(Embezzlement of union funds) of title V, section 504 (Prohibition
against certain person holding office) of title V, and section 610
(Deprivation of rights by force and violence) of title VI.
3. Notification. Whenever either Department learns or is informed
of any matter coming within the investigative jurisdiction of the other
Department, as set forth above, it will notify such other Department in
writing and furnish all information in its possession regarding the
matter.
4. Exercise of other functions. Exercise of delegated investigative
authority by the Department of Justice pursuant to this agreement shall
not preclude the Department of Labor from making inquiries for the
purpose of administrative action related to the crime being
investigated. Nothing in this Memorandum of Understanding shall be
construed to affect the investigative jurisdiction of the Department of
Justice under other statutes.
5. Prosecution of Civil Enforcement Actions. Any violations of the
Act, which form the basis for civil enforcement actions, will be
investigated by the Department of Labor. Whenever the Department of
Labor concludes that a civil enforcement action should be instituted,
it will refer the case to the Department of Justice, with the request
that suit be instituted on behalf of the Secretary of Labor, and will
furnish the Department of Justice with all pertinent information in the
possession of the Department of Labor. Upon receipt of such request,
the Department of Justice will institute and will conduct the civil
enforcement action on behalf of the Secretary of Labor. The Department
of Justice will not institute any civil enforcement action under the
Act except upon the request of the Department of Labor, nor will the
Department of Justice voluntarily dismiss any action so instituted
except with the concurrence of the Department of Labor. The Department
of Justice will dismiss any action so instituted upon the request of
the Department of Labor. Department of Justice attorneys will
collaborate with the attorneys of the Office of the Solicitor of Labor
in the preparation and, to the extent feasible, in the presentation of
such actions in court.
6. Section 504(a) Proceedings. Subject to specific arrangements
agreed upon by the Department of Justice and the Department of Labor on
a case by case basis, the Department of Labor through its own staff
will investigate matters arising under section 504(a)(B) of title V, as
amended, (judicial determination that a disqualified person's service
in any prohibited capacity would not be contrary to the purposes of the
LMRDA). Following the investigation, the Department of Labor will issue
its views on the appropriateness of such a judicial determination under
section 504(a)(B). The Department of Justice will present the Secretary
of Labor's views before a Federal sentencing judge or United States
district court, by making all necessary appearances and filings.
Department of Justice attorneys will collaborate with the attorneys of
the Office of the Solicitor of Labor in the preparation and, to the
extent feasible, in the presentation of the Secretary's views in court.
With respect to relief under section 504(a) by judicial reduction of
the period of disability, the Department of Justice will seek the views
of the Department of Labor prior to opposing or agreeing to a request
for such relief by a criminal defendant or disqualified person.
7. Instructions. So that the terms of understanding will be
effectively performed, both Departments will issue instructions for the
guidance of its officers, such instructions to be submitted for comment
to the other Department prior to their issuance.
8. Periodic reviews of this agreement will be made to determine any
adjustments which seem necessary based on experience under this Act.
[[Page 20603]]
Signed at Washington, DC, this 18th day of January 2005.
John Ashcroft,
Attorney General.
Elaine L. Chao,
Secretary of Labor.
[FR Doc. 05-7890 Filed 4-19-05; 8:45 am]
BILLING CODE 4510-CP-P
