Redelegation of Authority to Compromise and Close Civil Claims, 15212-15214 [2011-6530]
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15212
Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations
Done in Washington, DC, this 16th day of
March 2011.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2011–6538 Filed 3–18–11; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 129
new standards for amendment,
suspension, and termination of those
operations specifications. As part of the
amendment, the FAA added new
§ 129.9(a)(2) and (b)(2) concerning the
designation of an agent for service. The
DATES section correctly listed the
compliance date for § 129.9(a)(2) and
(b)(2) as February 10, 2012. Section
129.9(a)(2) and (b)(2) in the regulatory
text incorrectly stated that the
compliance date was ‘‘Within 1 year
after February 10, 2012.’’
Correction
In FR Doc. 2011–2834, beginning on
page 7484 in the Federal Register of
February 10, 2011, make the following
corrections:
[Docket No. FAA–2009–0140; Amdt. No.
129–49–A]
RIN 2120–AJ45
Operations Specifications; Correction
Corrections to Regulatory Text
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; correction.
§ 129.9
AGENCY:
The FAA is correcting a final
rule published on February 10, 2011 (76
FR 7482). In that rule, the FAA
amended its regulations to clarify and
standardize the rules for applications by
foreign air carriers and foreign persons
for part 129 operations specifications
and establish new standards for
amendment, suspension, and
termination of those operations
specifications. This document corrects
errors in the codified text of that
document.
SUMMARY:
The final rule and this correction
will become effective on April 11, 2011.
FOR FURTHER INFORMATION CONTACT: For
technical questions contact Darcy D.
Reed, International Programs and Policy
Division, AFS–50, Flight Standards
Service, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington DC 20591; email: Darcy.D.Reed@faa.gov; Telephone:
202–385–8078. For legal questions
contact Lorna John, Office of the Chief
Counsel, Regulations Division, AGC–
200, Federal Aviation Administration,
800 Independence Avenue, SW.,
Washington, DC 20591; e-mail:
Lorna.John@faa.gov; Telephone: 202–
267–3921.
SUPPLEMENTARY INFORMATION:
DATES:
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Background
On February 10, 2011, the FAA
published a final rule entitled,
‘‘Operations Specifications’’ (76 FR
7482).
In that final rule the FAA revised its
regulations to clarify and standardize
the rules for applications by foreign air
carriers and foreign persons for part 129
operations specifications and establish
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[Corrected]
1. On page 7489, in the third column,
in § 129.9(a)(2) and (b)(2), remove the
words ‘‘February 10, 2012’’ and add in
their place the words ‘‘February 10,
2011’’.
Issued in Washington, DC, on March 15,
2011.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2011–6489 Filed 3–18–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF JUSTICE
28 CFR Part 0
Redelegation of Authority to
Compromise and Close Civil Claims
Department of Justice.
Final rule.
AGENCY:
This Tax Division directive
delegates to a Principal Deputy
Assistant Attorney General all of the
Assistant Attorney General’s authority
to compromise and close civil claims,
except when such action is opposed by
the client agency or agencies. This Tax
Division directive further delegates
settlement authority of the Chiefs of the
Civil Trial Sections, the Court of Federal
Claims Section, the Appellate Section,
the Office of Review, and the Deputy
Assistant Attorneys General, to
compromise and close civil claims. In
addition, this directive allows
discretionary redelegation of limited
authority by a Section Chief to his or her
Assistant Chiefs and Reviewers. This
directive supersedes Directive No. 135.
DATES: Effective Date: March 21, 2011.
FOR FURTHER INFORMATION CONTACT:
Deborah Meland, Tax Division,
SUMMARY:
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List of Subjects in 28 CFR Part 0
Authority delegations (Government
agencies), Government employees,
Organization and functions
(Government agencies).
Accordingly, 28 CFR part 0 is
amended as follows:
PART 0—ORGANIZATION OF THE
DEPARTMENT OF JUSTICE
[Tax Division Directive No. 139]
ACTION:
Department of Justice, Washington, DC
20530, (202) 307–6567.
SUPPLEMENTARY INFORMATION: This rule
relates to internal agency management.
Therefore, pursuant to 5 U.S.C. 553,
notice of proposed rulemaking and
opportunity for comment are not
required, and this rule may be made
effective less than 30 days after
publication in the Federal Register.
This regulation is not a significant rule
within the meaning of Executive Order
13866, as amended, and therefore was
not reviewed by the Office of
Management and Budget. This
regulation does not have an impact on
small entities and, therefore, is not
subject to the Regulatory Flexibility Act.
This action pertains to agency
management, personnel and
organization and does not substantially
affect the rights or obligations of nonagency parties and, accordingly, is not
a ‘‘rule’’ as that term is used by the
Congressional Review Act (Subtitle E of
the Small Business Regulatory
Enforcement Fairness Act of 1996
(SBREFA)). Therefore, the reporting
requirement of 5 U.S.C. 801 does not
apply.
1. The authority citation for part 0
continues to read as follows:
■
Authority: 5 U.S.C. 301; 28 U.S.C. 509,
510, 515–19.
2. The Appendix to subpart Y of part
0 is amended by removing Tax Division
Directive No. 135 and adding in its
place Tax Division Directive No. 139, to
read as follows:
■
Appendix to Subpart Y of Part 0—
Redelegations of Authority To
Compromise and Close Civil Claims
*
*
*
*
*
[Tax Division Directive No. 139]
By virtue of the authority vested in me by
Part 0 of Title 28 of the Code of Federal
Regulations, particularly Sections 0.70,
0.160, 0.162, 0.164, 0.166, and 0.168, it is
hereby ordered as follows:
Section 1. The Chiefs of the Civil Trial
Sections, the Court of Federal Claims
Section, and the Appellate Section are
authorized to reject offers in compromise,
regardless of amount, provided that such
action is not opposed by the agency or
agencies involved.
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Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations
Section 2. Subject to the conditions and
limitations set forth in Section 11 hereof, the
Chiefs of the Civil Trial Sections and the
Court of Federal Claims Section are
authorized to:
(A) Accept offers in compromise in, settle
administratively, and close (other than by
compromise or by entry of judgment), all
civil cases in which the amount of the
Government’s concession, exclusive of
statutory interest, does not exceed $500,000;
(B) Accept offers in compromise in
injunction or declaratory judgment suits
against the United States in which the
principal amount of the related liability, if
any, does not exceed $500,000; and
(C) Accept offers in compromise in all
other nonmonetary cases;
provided that such action is not opposed by
the agency or agencies involved, and
provided further that the proposed
compromise or concession is not subject to
reference to the Joint Committee on Taxation.
Section 3. The Chiefs of the Civil Trial
Sections and the Court of Federal Claims
Section are authorized on a case-by-case
basis to redelegate in writing to their
respective Assistant Section Chiefs or
Reviewers the authority delegated to them in
Section 1 hereof to reject offers, and in
Section 2 hereof, to accept offers in
compromise in, settle administratively, and
close (other than by compromise or by entry
of judgment), all civil cases in which the
amount of the Government’s concession,
exclusive of statutory interest, does not
exceed $250,000; provided that such
redelegation is not made to the attorney-ofrecord in the case. Redelegations pursuant to
this section shall be by memorandum signed
by the Section Chief, which shall be placed
in the Department of Justice file for the
applicable case.
Section 4. Subject to the conditions and
limitations set forth in Section 11 hereof, the
Chief of the Appellate Section is authorized
to:
(A) Accept offers in compromise with
reference to litigating hazards of the issue(s)
on appeal in all civil cases (other than claims
for attorneys’ fees, litigation expenses and
court costs) in which the amount of the
Government’s concession, exclusive of
statutory interest, does not exceed $500,000;
(B) Accept offers in compromise in
injunction [see sec. 2(B)] or declaratory
judgment suits against the United States in
which the principal amount of the related
liability, if any, does not exceed $500,000;
(C) Accept offers in compromise in, or
settle administratively, all civil claims for
attorneys’ fees, litigation expenses and court
costs in which the aggregate amount of the
Government’s concession on these claims
does not exceed $200,000, and in which the
aggregate amount of the Government’s
concession in the case, exclusive of statutory
interest, does not exceed $500,000; and
(D) Accept offers in compromise in all
other nonmonetary cases which do not
involve issues concerning collectibility;
provided that (i) such acceptance is not
opposed by the agency or agencies involved
or the chief of the section in which the case
originated, and (ii) the proposed compromise
is not subject to reference to the Joint
Committee on Taxation.
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Section 5. The Chief of the Appellate
Section is authorized on a case-by case basis
to redelegate in writing to the Appellate
Section’s Assistant Section Chiefs the
authority delegated to the Chief of the
Appellate Section in Section 1 hereof to
reject offers, and in Section 4 hereof, to:
(A) Accept offers in compromise with
reference to litigation hazards of the issue(s)
on appeal in all civil cases (other than claims
for attorneys’ fees, litigation expenses and
court costs) in which the amount of the
Government’s concession, exclusive of
statutory interest, does not exceed $250,000;
and
(B) Accept offers in compromise in, or
settle administratively, all civil claims for
attorneys’ fees, litigation expenses and court
costs in which the aggregate amount of the
Government’s concession on these claims
does not exceed $100,000, and in which the
aggregate amount of the Government’s
concession in the case, exclusive of statutory
interest, does not exceed $250,000;
provided that such redelegation is not made
to the attorney-of-record in the case. The
redelegations pursuant to this section shall
be by memorandum signed by the Chief of
the Appellate Section, which shall be placed
in the Department of Justice file for the
applicable case.
Section 6. Subject to the conditions and
limitations set forth in Section 11 hereof, the
Chief of the Office of Review is authorized
to:
(A) Accept offers in compromise and settle
administratively claims against the United
States in all civil cases in which the amount
of the Government’s concession, exclusive of
statutory interest, does not exceed
$1,500,000; and
(B) Accept offers in compromise and close
(other than by compromise or by entry of
judgment), claims by the United States in all
civil cases in which the difference between
the gross amount of the original claim and
the proposed settlement does not exceed
$1,500,000 or 15 percent of the original
claim, whichever is greater;
(C) Accept offers in compromises in all
nonmonetary cases; and
(D) Reject offers in compromise or
disapprove concessions, regardless of
amount;
provided that such action is not opposed by
the agency or agencies involved or the chief
of the section to which the case is assigned,
and provided further that the proposed
compromise or concession is not subject to
reference to the Joint Committee on Taxation.
Section 7. The Chief, Office of Review, is
authorized on a case-by-case basis to
redelegate in writing to the office’s Assistant
Section Chief or Reviewer the authority
delegated to the Chief, Office of Review in
Section 6 hereof to reject offers, and in
Section 6 hereof, to accept offers in
compromise in, settle administratively, and
close (other than by compromise or by entry
of judgment), all civil cases in which the
amount of the Government’s concession,
exclusive of statutory interest, does not
exceed $750,000; provided that such
redelegation is not made to the attorney-ofrecord in the case. The redelegations
pursuant to this section shall be made by
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memorandum signed by the Section Chief,
which shall be placed in the Department of
Justice file for the applicable case.
Section 8. Subject to the conditions and
limitations set forth in Section 11 hereof,
each of the Deputy Assistant Attorneys
General is authorized to:
(A) Accept offers in compromise and settle
administratively claims against the United
States in all civil cases in which the amount
of the Government’s concession, exclusive of
statutory interest, does not exceed
$2,000,000;
(B) Accept offers in compromise and close
(other than by compromise or by entry of
judgment), claims by the United States in all
civil cases in which the difference between
the gross amount of the original claim and
the proposed settlement does not exceed
$2,000,000 or 15 percent of the original
claim, whichever is greater;
(C) Accept offers in compromise in all
nonmonetary cases; and
(D) Reject offers in compromise or
disapprove concessions, regardless of
amount;
provided that such action is not opposed by
the agency or agencies involved and the
proposed compromise or concession is not
subject to reference to the Joint Committee on
Taxation.
Section 9. In addition to the actions
authorized by Section 8 hereof, and subject
to the conditions and limitations set forth in
Section 10 hereof, a Principal Deputy
Assistant Attorney General is authorized to:
(A) Accept offers in compromise and settle
administratively claims against the United
States in all civil cases, regardless of amount
in all cases in which the Joint Committee on
Taxation has indicated that it has no adverse
criticism of the proposed settlement,
provided that such action is not opposed by
the agency or agencies involved.
(B) Consistent with, and subject to the
limitations of, 28 CFR 0.168, and in the
absence of an Assistant Attorney General,
redelegate authority under this Directive to
subordinate division officials and United
States Attorneys.
Section 10. Subject to the conditions and
limitations set forth in Section 11 hereof,
United States Attorneys are authorized to:
(A) Reject offers in compromise of
judgments in favor of the United States,
regardless of the amount;
(B) Accept offers in compromise of
judgments in favor of the United States
where the amount of the judgment does not
exceed $300,000; and
(C) Terminate collection activity by his or
her office as to judgments in favor of the
United States which do not exceed $300,000
if the United States Attorney concludes that
the judgment is uncollectible;
provided that such action has the
concurrence in writing of the agency or
agencies involved, provided further that this
authorization extends only to judgments
which have been formally referred to the
United States Attorney for collection.
Section 11. The authority redelegated
herein shall be subject to the following
conditions and limitations;
(A) When, for any reason, the compromise
or concession of a particular claim, as a
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Federal Register / Vol. 76, No. 54 / Monday, March 21, 2011 / Rules and Regulations
practical matter, will control or adversely
influence the disposition of other claims
totaling more than the respective amounts
designated in Sections 2, 3, 4, 5, 6, 7, 8, 9,
and 10 hereof, the case shall be forwarded for
review at the appropriate level for the
cumulative amount of the affected claims;
(B) When, because of the importance of a
question of law or policy presented, the
position taken by the agency or agencies or
by the United States Attorney involved, or
any other considerations, the person
otherwise authorized herein to take final
action is of the opinion that the proposed
disposition should be reviewed at a higher
level, the case shall be forwarded for such
review;
(C) If the Department has previously
submitted a case to the Joint Committee on
Taxation leaving one or more issues
unresolved, any subsequent compromise or
concession in that case must be submitted to
the Joint Committee, whether or not the
overpayment exceeds the amount specified
in Section 6405 of the Internal Revenue
Code;
(D) Nothing in this Directive shall be
construed as altering any provision of
Subpart Y of Part 0 of Title 28 of the Code
of Federal Regulations requiring the
submission of certain cases to the Attorney
General, the Associate Attorney General, or
the Solicitor General;
(E) Authority to approve recommendations
that the Government confess error in or to
concede cases on appeal is excepted from the
foregoing redelegations; and
(F) The Assistant Attorney General, at any
time, may withdraw any authority delegated
by this Directive as it relates to any particular
case or category of cases, or to any part
thereof.
Section 12. With respect to a claim by the
United States (also sometimes referred to as
a claim on behalf of the United States), the
term ‘‘offer in compromise’’ as used in this
Directive is any settlement of such a claim,
except settlements in which the United
States would receive nothing or virtually
nothing in exchange for giving up its claim;
and the term ‘‘to close (other than by
compromise or entry of judgment),’’ refers to
a settlement under which the United States
would receive nothing, or virtually nothing
in exchange for giving up its claim.
Section 13. For a claim against the United
States, the term ‘‘offer in compromise’’ as
used in this Directive is any settlement of
such a claim, except settlements in which the
United States would receive nothing, or
virtually nothing, in exchange for conceding
the claim against it; and the term to ‘‘settle
administratively,’’ means a settlement in
which the United States would receive
nothing, or virtually nothing, for conceding
the claim against it.
Section 14. This Directive supersedes Tax
Division Directive No. 135, which was
effective November 21, 2007.
Section 15. This Directive shall become
effective on March 21, 2011.
Dated: February 14, 2011.
John A. DiCicco,
Acting Assistant Attorney General.
[FR Doc. 2011–6530 Filed 3–18–11; 8:45 am]
BILLING CODE 4410–16–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2010–1113]
RIN 1625–AA08
Special Local Regulations for Marine
Events; Potomac River, Charles
County, MD
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing special local regulations
during the ‘‘Potomac River Sharkfest
Swim’’ amateur swim, a marine event to
be held on the waters of the Potomac
River. These special local regulations
are necessary to provide for the safety of
life on navigable waters during the
event. This action is intended to
temporarily restrict vessel traffic in a
portion of the Potomac River during the
event.
DATES: This rule is effective from 7 a.m.
until 12:30 p.m. on May 22, 2011.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of docket USCG–2010–1113 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2010–1113 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the Docket Management Facility (M–
30), U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail Mr. Ronald Houck,
U.S. Coast Guard Sector Baltimore, MD;
telephone 410–576–2674, e-mail
Ronald.L.Houck@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Regulatory Information
On January 10, 2011, we published a
notice of proposed rulemaking (NPRM)
entitled ‘‘Special Local Regulations for
Marine Events; Potomac River, Charles
County, MD’’ in the Federal Register (76
FR 1381). We received no comments on
the proposed rule. No public meeting
was requested, and none was held.
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Basis and Purpose
On May 22, 2011, Enviro-Sports
Productions, Inc. of Stinson Beach,
California, will sponsor an amateur
swim across the Potomac River between
Newburg, Maryland and King George,
Virginia. The event consists of up to 500
swimmers on a course located upriver
and parallel to the Governor Harry W.
Nice Memorial (US–301) Bridge. The
swimmers will be supported by
sponsor-provided watercraft. The start
will be located along the shore at the
Aqua-Land Marina and the finish will
be located along the shore at Dahlgren
Wayside Park. A portion of the swim
course will cross the Federal navigation
channel. Due to the need for vessel
control during the event, the Coast
Guard will temporarily restrict vessel
traffic in the event area to provide for
the safety of participants, spectators and
other transiting vessels.
Discussion of Comments and Changes
The Coast Guard received no
comments in response to the NPRM and
SNPRM. No public meeting was
requested and none was held.
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
Although this regulation will prevent
traffic from transiting a portion of the
Potomac River during the event, the
effect of this regulation will not be
significant due to the limited duration
that the regulated area will be in effect
and the extensive advance notifications
that will be made to the maritime
community via the Local Notice to
Mariners and marine information
broadcasts, so mariners can adjust their
plans accordingly. Additionally, the
regulated area has been narrowly
tailored to impose the least impact on
general navigation yet provide the level
of safety deemed necessary. Vessel
traffic will be able to transit safely
through a portion of the regulated area,
but only after the last participant has
cleared that portion of the regulated area
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]]>Agencies
[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Rules and Regulations]
[Pages 15212-15214]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6530]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
28 CFR Part 0
[Tax Division Directive No. 139]
Redelegation of Authority to Compromise and Close Civil Claims
AGENCY: Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This Tax Division directive delegates to a Principal Deputy
Assistant Attorney General all of the Assistant Attorney General's
authority to compromise and close civil claims, except when such action
is opposed by the client agency or agencies. This Tax Division
directive further delegates settlement authority of the Chiefs of the
Civil Trial Sections, the Court of Federal Claims Section, the
Appellate Section, the Office of Review, and the Deputy Assistant
Attorneys General, to compromise and close civil claims. In addition,
this directive allows discretionary redelegation of limited authority
by a Section Chief to his or her Assistant Chiefs and Reviewers. This
directive supersedes Directive No. 135.
DATES: Effective Date: March 21, 2011.
FOR FURTHER INFORMATION CONTACT: Deborah Meland, Tax Division,
Department of Justice, Washington, DC 20530, (202) 307-6567.
SUPPLEMENTARY INFORMATION: This rule relates to internal agency
management. Therefore, pursuant to 5 U.S.C. 553, notice of proposed
rulemaking and opportunity for comment are not required, and this rule
may be made effective less than 30 days after publication in the
Federal Register. This regulation is not a significant rule within the
meaning of Executive Order 13866, as amended, and therefore was not
reviewed by the Office of Management and Budget. This regulation does
not have an impact on small entities and, therefore, is not subject to
the Regulatory Flexibility Act. This action pertains to agency
management, personnel and organization and does not substantially
affect the rights or obligations of non-agency parties and,
accordingly, is not a ``rule'' as that term is used by the
Congressional Review Act (Subtitle E of the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA)). Therefore, the reporting
requirement of 5 U.S.C. 801 does not apply.
List of Subjects in 28 CFR Part 0
Authority delegations (Government agencies), Government employees,
Organization and functions (Government agencies).
Accordingly, 28 CFR part 0 is amended as follows:
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE
0
1. The authority citation for part 0 continues to read as follows:
Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-19.
0
2. The Appendix to subpart Y of part 0 is amended by removing Tax
Division Directive No. 135 and adding in its place Tax Division
Directive No. 139, to read as follows:
Appendix to Subpart Y of Part 0--Redelegations of Authority To
Compromise and Close Civil Claims
* * * * *
[Tax Division Directive No. 139]
By virtue of the authority vested in me by Part 0 of Title 28 of
the Code of Federal Regulations, particularly Sections 0.70, 0.160,
0.162, 0.164, 0.166, and 0.168, it is hereby ordered as follows:
Section 1. The Chiefs of the Civil Trial Sections, the Court of
Federal Claims Section, and the Appellate Section are authorized to
reject offers in compromise, regardless of amount, provided that
such action is not opposed by the agency or agencies involved.
[[Page 15213]]
Section 2. Subject to the conditions and limitations set forth
in Section 11 hereof, the Chiefs of the Civil Trial Sections and the
Court of Federal Claims Section are authorized to:
(A) Accept offers in compromise in, settle administratively, and
close (other than by compromise or by entry of judgment), all civil
cases in which the amount of the Government's concession, exclusive
of statutory interest, does not exceed $500,000;
(B) Accept offers in compromise in injunction or declaratory
judgment suits against the United States in which the principal
amount of the related liability, if any, does not exceed $500,000;
and
(C) Accept offers in compromise in all other nonmonetary cases;
provided that such action is not opposed by the agency or agencies
involved, and provided further that the proposed compromise or
concession is not subject to reference to the Joint Committee on
Taxation.
Section 3. The Chiefs of the Civil Trial Sections and the Court
of Federal Claims Section are authorized on a case-by-case basis to
redelegate in writing to their respective Assistant Section Chiefs
or Reviewers the authority delegated to them in Section 1 hereof to
reject offers, and in Section 2 hereof, to accept offers in
compromise in, settle administratively, and close (other than by
compromise or by entry of judgment), all civil cases in which the
amount of the Government's concession, exclusive of statutory
interest, does not exceed $250,000; provided that such redelegation
is not made to the attorney-of-record in the case. Redelegations
pursuant to this section shall be by memorandum signed by the
Section Chief, which shall be placed in the Department of Justice
file for the applicable case.
Section 4. Subject to the conditions and limitations set forth
in Section 11 hereof, the Chief of the Appellate Section is
authorized to:
(A) Accept offers in compromise with reference to litigating
hazards of the issue(s) on appeal in all civil cases (other than
claims for attorneys' fees, litigation expenses and court costs) in
which the amount of the Government's concession, exclusive of
statutory interest, does not exceed $500,000;
(B) Accept offers in compromise in injunction [see sec. 2(B)] or
declaratory judgment suits against the United States in which the
principal amount of the related liability, if any, does not exceed
$500,000;
(C) Accept offers in compromise in, or settle administratively,
all civil claims for attorneys' fees, litigation expenses and court
costs in which the aggregate amount of the Government's concession
on these claims does not exceed $200,000, and in which the aggregate
amount of the Government's concession in the case, exclusive of
statutory interest, does not exceed $500,000; and
(D) Accept offers in compromise in all other nonmonetary cases
which do not involve issues concerning collectibility;
provided that (i) such acceptance is not opposed by the agency or
agencies involved or the chief of the section in which the case
originated, and (ii) the proposed compromise is not subject to
reference to the Joint Committee on Taxation.
Section 5. The Chief of the Appellate Section is authorized on a
case-by case basis to redelegate in writing to the Appellate
Section's Assistant Section Chiefs the authority delegated to the
Chief of the Appellate Section in Section 1 hereof to reject offers,
and in Section 4 hereof, to:
(A) Accept offers in compromise with reference to litigation
hazards of the issue(s) on appeal in all civil cases (other than
claims for attorneys' fees, litigation expenses and court costs) in
which the amount of the Government's concession, exclusive of
statutory interest, does not exceed $250,000; and
(B) Accept offers in compromise in, or settle administratively,
all civil claims for attorneys' fees, litigation expenses and court
costs in which the aggregate amount of the Government's concession
on these claims does not exceed $100,000, and in which the aggregate
amount of the Government's concession in the case, exclusive of
statutory interest, does not exceed $250,000;
provided that such redelegation is not made to the attorney-of-
record in the case. The redelegations pursuant to this section shall
be by memorandum signed by the Chief of the Appellate Section, which
shall be placed in the Department of Justice file for the applicable
case.
Section 6. Subject to the conditions and limitations set forth
in Section 11 hereof, the Chief of the Office of Review is
authorized to:
(A) Accept offers in compromise and settle administratively
claims against the United States in all civil cases in which the
amount of the Government's concession, exclusive of statutory
interest, does not exceed $1,500,000; and
(B) Accept offers in compromise and close (other than by
compromise or by entry of judgment), claims by the United States in
all civil cases in which the difference between the gross amount of
the original claim and the proposed settlement does not exceed
$1,500,000 or 15 percent of the original claim, whichever is
greater;
(C) Accept offers in compromises in all nonmonetary cases; and
(D) Reject offers in compromise or disapprove concessions,
regardless of amount;
provided that such action is not opposed by the agency or agencies
involved or the chief of the section to which the case is assigned,
and provided further that the proposed compromise or concession is
not subject to reference to the Joint Committee on Taxation.
Section 7. The Chief, Office of Review, is authorized on a case-
by-case basis to redelegate in writing to the office's Assistant
Section Chief or Reviewer the authority delegated to the Chief,
Office of Review in Section 6 hereof to reject offers, and in
Section 6 hereof, to accept offers in compromise in, settle
administratively, and close (other than by compromise or by entry of
judgment), all civil cases in which the amount of the Government's
concession, exclusive of statutory interest, does not exceed
$750,000; provided that such redelegation is not made to the
attorney-of-record in the case. The redelegations pursuant to this
section shall be made by memorandum signed by the Section Chief,
which shall be placed in the Department of Justice file for the
applicable case.
Section 8. Subject to the conditions and limitations set forth
in Section 11 hereof, each of the Deputy Assistant Attorneys General
is authorized to:
(A) Accept offers in compromise and settle administratively
claims against the United States in all civil cases in which the
amount of the Government's concession, exclusive of statutory
interest, does not exceed $2,000,000;
(B) Accept offers in compromise and close (other than by
compromise or by entry of judgment), claims by the United States in
all civil cases in which the difference between the gross amount of
the original claim and the proposed settlement does not exceed
$2,000,000 or 15 percent of the original claim, whichever is
greater;
(C) Accept offers in compromise in all nonmonetary cases; and
(D) Reject offers in compromise or disapprove concessions,
regardless of amount;
provided that such action is not opposed by the agency or agencies
involved and the proposed compromise or concession is not subject to
reference to the Joint Committee on Taxation.
Section 9. In addition to the actions authorized by Section 8
hereof, and subject to the conditions and limitations set forth in
Section 10 hereof, a Principal Deputy Assistant Attorney General is
authorized to:
(A) Accept offers in compromise and settle administratively
claims against the United States in all civil cases, regardless of
amount in all cases in which the Joint Committee on Taxation has
indicated that it has no adverse criticism of the proposed
settlement, provided that such action is not opposed by the agency
or agencies involved.
(B) Consistent with, and subject to the limitations of, 28 CFR
0.168, and in the absence of an Assistant Attorney General,
redelegate authority under this Directive to subordinate division
officials and United States Attorneys.
Section 10. Subject to the conditions and limitations set forth
in Section 11 hereof, United States Attorneys are authorized to:
(A) Reject offers in compromise of judgments in favor of the
United States, regardless of the amount;
(B) Accept offers in compromise of judgments in favor of the
United States where the amount of the judgment does not exceed
$300,000; and
(C) Terminate collection activity by his or her office as to
judgments in favor of the United States which do not exceed $300,000
if the United States Attorney concludes that the judgment is
uncollectible;
provided that such action has the concurrence in writing of the
agency or agencies involved, provided further that this
authorization extends only to judgments which have been formally
referred to the United States Attorney for collection.
Section 11. The authority redelegated herein shall be subject to
the following conditions and limitations;
(A) When, for any reason, the compromise or concession of a
particular claim, as a
[[Page 15214]]
practical matter, will control or adversely influence the
disposition of other claims totaling more than the respective
amounts designated in Sections 2, 3, 4, 5, 6, 7, 8, 9, and 10
hereof, the case shall be forwarded for review at the appropriate
level for the cumulative amount of the affected claims;
(B) When, because of the importance of a question of law or
policy presented, the position taken by the agency or agencies or by
the United States Attorney involved, or any other considerations,
the person otherwise authorized herein to take final action is of
the opinion that the proposed disposition should be reviewed at a
higher level, the case shall be forwarded for such review;
(C) If the Department has previously submitted a case to the
Joint Committee on Taxation leaving one or more issues unresolved,
any subsequent compromise or concession in that case must be
submitted to the Joint Committee, whether or not the overpayment
exceeds the amount specified in Section 6405 of the Internal Revenue
Code;
(D) Nothing in this Directive shall be construed as altering any
provision of Subpart Y of Part 0 of Title 28 of the Code of Federal
Regulations requiring the submission of certain cases to the
Attorney General, the Associate Attorney General, or the Solicitor
General;
(E) Authority to approve recommendations that the Government
confess error in or to concede cases on appeal is excepted from the
foregoing redelegations; and
(F) The Assistant Attorney General, at any time, may withdraw
any authority delegated by this Directive as it relates to any
particular case or category of cases, or to any part thereof.
Section 12. With respect to a claim by the United States (also
sometimes referred to as a claim on behalf of the United States),
the term ``offer in compromise'' as used in this Directive is any
settlement of such a claim, except settlements in which the United
States would receive nothing or virtually nothing in exchange for
giving up its claim; and the term ``to close (other than by
compromise or entry of judgment),'' refers to a settlement under
which the United States would receive nothing, or virtually nothing
in exchange for giving up its claim.
Section 13. For a claim against the United States, the term
``offer in compromise'' as used in this Directive is any settlement
of such a claim, except settlements in which the United States would
receive nothing, or virtually nothing, in exchange for conceding the
claim against it; and the term to ``settle administratively,'' means
a settlement in which the United States would receive nothing, or
virtually nothing, for conceding the claim against it.
Section 14. This Directive supersedes Tax Division Directive No.
135, which was effective November 21, 2007.
Section 15. This Directive shall become effective on March 21,
2011.
Dated: February 14, 2011.
John A. DiCicco,
Acting Assistant Attorney General.
[FR Doc. 2011-6530 Filed 3-18-11; 8:45 am]
BILLING CODE 4410-16-P
