Redelegation of Authority to Deputy Assistant Attorneys General, Branch Directors, Heads of Offices, and United States Attorneys in Civil Division Cases, 31998-32000 [2015-13782]
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31998
§ 1.382–3T
■
Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations
(Removed)
Par. 3. Section 1.382–3T is removed.
John M. Dalrymple,
Deputy Commissioner for Services and
Enforcement.
Approved: May 13, 2015.
Mark J. Mazur,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2015–13711 Filed 6–4–15; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF JUSTICE
28 CFR Part 0
[Directive No. 1–15]
Redelegation of Authority to Deputy
Assistant Attorneys General, Branch
Directors, Heads of Offices, and United
States Attorneys in Civil Division
Cases
Office of the Assistant Attorney
General, Civil Division, Department of
Justice.
ACTION: Final rule.
AGENCY:
This final rule amends Civil
Directive 1–10, which sets forth the
redelegation of authority by the
Assistant Attorney General of the Civil
Division to deputy assistant attorneys
general, branch directors, heads of
offices, and United States Attorneys. On
May 21, 2015, the Attorney General
signed Order No. 3532–2015 increasing
the monetary thresholds for the
authority of Assistant Attorneys General
to compromise or close civil claims, and
increasing the redelegation authority to
the United States Attorneys with respect
to accepting offers of compromise for
affirmative claims. Pursuant to the
Attorney General’s order, the new rule
increases the redelegated authority to
Branch Directors, heads of offices, and
United States Attorneys to close or
compromise affirmative claims.
Additionally, the new rule redelegates
to United States Attorneys, directors,
and attorneys-in-charge the authority to
issue compulsory process, and makes a
few ‘‘housekeeping’’ revisions.
DATES: Effective Date: This rule is
effective June 5, 2015, and is applicable
beginning May 29, 2015.
FOR FURTHER INFORMATION CONTACT:
Joyce R. Branda, Deputy Assistant
Attorney General, Commercial
Litigation Branch, Civil Division,
Department of Justice, Washington, DC
20530; 202–307–0231.
SUPPLEMENTARY INFORMATION: This rule
is a matter of internal Department
management. It has been drafted and
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SUMMARY:
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reviewed in accordance with section
1(b) of Executive Order 12866. The
Assistant Attorney General for the Civil
Division has determined that this rule is
not a ‘‘significant regulatory action’’
under section 3(f) of Executive Order
12866 and accordingly this rule has not
been reviewed by the Office of
Management and Budget. In accordance
with the Regulatory Flexibility Act (5
U.S.C. 605(b)), the Assistant Attorney
General for the Civil Division has
reviewed this rule, and by approving it
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities.
This rule will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
it is determined that this rule does not
have sufficient federalism implications
to warrant the preparation of a
Federalism Assessment.
List of Subjects in 28 CFR Part 0
Authority delegations (Government
agencies), Government employees,
Organization and functions
(Government agencies), Privacy,
Reporting and recordkeeping
requirements, Whistleblowing.
Accordingly, for the reasons stated in
the preamble, title 28, chapter I, part 0,
of the Code of Federal Regulations is
amended as set forth below:
PART 0—ORGANIZATION OF THE
DEPARTMENT OF JUSTICE
1. The authority citation for part 0
continues to read as follows:
■
Authority: 5 U.S.C. 301; 28 U.S.C. 509,
510, 515–519.
2. Appendix to Subpart Y is amended
by removing Civil Directive No. 1–10
and adding in its place Civil Directive
No. 1–15, to read as follows:
■
Appendix to Subpart Y of Part 0—
Redelegations of Authority to
Compromise and Close Civil Claims
*
*
*
*
*
[Directive No. 1–15]
By virtue of the authority vested in me by
part 0 of title 28 of the Code of Federal
Regulations, particularly §§ 0.45, 0.160,
0.164, and 0.168, it is hereby ordered as
follows:
Section 1. Scope of Delegation Authority
(a) Delegation to Deputy Assistant
Attorneys General. The Deputy Assistant
Attorneys General are hereby delegated all
the power and authority of the Assistant
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Attorney General in charge of the Civil
Division, including with respect to the
institution of suits, the acceptance or
rejection of compromise offers, the
administrative settlement of claims, and the
closing of claims or cases, unless any such
authority or power is required by law to be
exercised by the Assistant Attorney General
personally or has been specifically delegated
to another Department official.
(b) Delegation to United States Attorneys;
Branch, Office and Staff Directors; and
Attorneys-in-Charge of Field Offices. Subject
to the limitations imposed by 28 CFR
0.160(d) and 0.164, and sections 1(e) and 4(b)
of this directive, and the authority of the
Solicitor General set forth in 28 CFR 0.163,
United States Attorneys; Branch, Office, and
Staff Directors; and Attorneys-in-Charge of
Field Offices, with respect to matters
assigned or delegated to their respective
components, are hereby delegated the
authority to:
(1) Accept offers in compromise of claims
asserted by the United States in all cases in
which the gross amount of the original claim
does not exceed $10,000,000;
(2) Accept offers in compromise of, or
settle administratively, claims against the
United States in all cases in which the
principal amount of the proposed settlement
does not exceed $1,000,000;
(3) Reject any offers in compromise; and
(4) Close any affirmative claim or case
where the gross amount of the original claim
does not exceed $10,000,000.
(c) Subject to the limitations imposed by
sections 1(e), 4(b), and 5 of this directive,
United States Attorneys, Directors, and
Attorneys-in-Charge are hereby delegated the
authority to:
(1) File suits, counterclaims, and crossclaims, or take any other action necessary to
protect the interests of the United States in
all routine nonmonetary cases, in all routine
loan collection and foreclosure cases, and in
other monetary claims or cases where the
gross amount of the original claim does not
exceed $10,000,000. Such actions in
nonmonetary cases which are other than
routine will be submitted for the approval of
the Assistant Attorney General, Civil
Division; and,
(2) Issue subpoenas, civil investigative
demands, and any other compulsory process.
(d) United States Attorneys may redelegate
in writing the above-conferred compromise
and suit authority to Assistant United States
Attorneys who supervise other Assistant
United States Attorneys who handle civil
litigation.
(e) Limitations on delegations.
(1) The authority to compromise cases,
settle claims administratively, file suits,
counterclaims, and cross-claims, to close
claims or cases, or take any other action
necessary to protect the interests of the
United States, delegated by paragraphs (a),
(b), and (c) of this section, may not be
exercised, and the matter shall be submitted
for resolution to the Assistant Attorney
General, Civil Division, when:
(i) For any reason, the proposed action, as
a practical matter, will control or adversely
influence the disposition of other claims
totaling more than the respective amounts
designated in the above paragraphs.
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Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations
(ii) Because a novel question of law or a
question of policy is presented, or for any
other reason, the proposed action should, in
the opinion of the officer or employee
concerned, receive the personal attention of
the Assistant Attorney General, Civil
Division.
(iii) The agency or agencies involved are
opposed to the proposed action. The views
of an agency must be solicited with respect
to any significant proposed action if it is a
party, if it has asked to be consulted with
respect to any such proposed action, or if
such proposed action in a case would
adversely affect any of its policies.
(iv) The United States Attorney involved is
opposed to the proposed action and requests
that the matter be submitted to the Assistant
Attorney General for decision.
(v) The case is on appeal, except as
determined by the Director of the Appellate
Staff.
(2) In fraud or False Claims Act cases and
matters, for reasons similar to those listed in
sub-section l(e)(l)(i) through l(e)(l)(iii) above,
the Director of the Fraud Section of the
Commercial Litigation Branch, after
consultation with the United States Attorney,
may determine that a case or matter will not
be delegated to the United States Attorney,
but personally or jointly handled, or
monitored, by the Civil Division.
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Section 2. Action Memoranda
(a) Whenever, pursuant to the authority
delegated by this Directive, an official of the
Civil Division or a United States Attorney
accepts a compromise, closes a claim or files
a suit or claim, a memorandum fully
explaining the basis for the action taken shall
be executed and placed in the file. In the case
of matters compromised, closed, or filed by
United States Attorneys, a copy of the
memorandum must, upon request therefrom,
be sent to the appropriate Branch or Office
of the Civil Division.
(b) The compromising of cases or closing
of claims or the filing of suits for claims,
which a United States Attorney is not
authorized to approve, shall be referred to the
appropriate Branch or Office within the Civil
Division, for decision by the Assistant
Attorney General or the appropriate
authorized person within the Civil Division.
The referral memorandum should contain a
detailed description of the matter, the United
States Attorney’s recommendation, the
agency’s recommendation where applicable,
and a full statement of the reasons therefor.
Section 3. Return of Civil Judgment Cases to
Agencies
Claims arising out of judgments in favor of
the United States which cannot be
permanently closed as uncollectible may be
returned to the referring Federal agency for
servicing and surveillance whenever all
conditions set forth in USAM 4–3.230 have
been met.
Section 4. Authority for Direct Reference and
Delegation of Civil Division Cases to United
States Attorneys
(a) Direct reference to United States
Attorneys by agencies. The following civil
actions under the jurisdiction of the Assistant
Attorney General, Civil Division, may be
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referred by the agency concerned directly to
the appropriate United States Attorney for
handling in trial courts, subject to the
limitations imposed by paragraph (b) of this
section. United States Attorneys are hereby
delegated the authority to take all necessary
steps to protect the interests of the United
States, without prior approval of the
Assistant Attorney General, Civil Division, or
his representatives, subject to the limitations
set forth in section 1(e) of this directive.
Agencies may, however, if special handling
is desired, refer these cases to the Civil
Division. Also, when constitutional questions
or other significant issues arise in the course
of such litigation, or when an appeal is taken
by any party, the Civil Division should be
consulted.
(1) Money claims by the United States
where the gross amount of the original claim
does not exceed $10,000,000.
(2) Single family dwelling house
foreclosures arising out of loans made or
insured by the Department of Housing and
Urban Development, the Department of
Veterans Affairs, or the Farm Service Agency.
(3) Suits to enjoin violations of, or to
collect penalties under, the Agricultural
Adjustment Act of 1938, 7 U.S.C. 1376; the
Packers and Stockyards Act, 7 U.S.C. 203,
207(g), 213, 215, 216, 222, and 228a; the
Perishable Agricultural Commodities Act,
1930, 7 U.S.C. 499c(a) and 499h(d); the Egg
Products Inspection Act, 21 U.S.C. 1031 et
seq.; the Potato Research and Promotion Act,
7 U.S.C. 2611 et seq.; the Cotton Research
and Promotion Act of 1966, 7 U.S.C. 2101 et
seq.; the Federal Meat Inspection Act, 21
U.S.C. 601 et seq.; and the Agricultural
Marketing Agreement Act of 1937, as
amended, 7 U.S.C. 601 et seq.
(4) Suits by social security beneficiaries
under the Social Security Act, 42 U.S.C. 402
et seq.
(5) Social Security disability suits under 42
U.S.C. 423 et seq.
(6) Black lung beneficiary suits under the
Federal Coal Mine Health and Safety Act of
1969, 30 U.S.C. 921 et seq.
(7) Suits by Medicare beneficiaries under
42 U.S.C. 1395ff.
(8) Garnishment actions authorized by 42
U.S.C. 659 for child support or alimony
payments and actions for general debt, 5
U.S.C. 5520a.
(9) Judicial review of actions of the
Secretary of Agriculture under the food
stamp program, pursuant to the provisions of
7 U.S.C. 2022 involving retail food stores.
(10) Cases referred by the Department of
Labor for the collection of penalties or for
injunctive action under the Fair Labor
Standards Act of 1938 and the Occupational
Safety and Health Act of 1970.
(11) Cases referred by the Department of
Labor solely for the collection of civil
penalties under the Farm Labor Contractor
Registration Act of 1963, 7 U.S.C. 2048(b).
(12) Cases referred by the Surface
Transportation Board to enforce orders of the
Surface Transportation Board or to enjoin or
suspend such orders pursuant to 28 U.S.C.
1336.
(13) Cases referred by the United States
Postal Service for injunctive relief under the
nonmailable matter laws, 39 U.S.C. 3001 et
seq.
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31999
(b) Cases not covered. Regardless of the
amount in controversy (unless otherwise
specified), the following matters normally
will not be delegated to United States
Attorneys for handling but will be personally
or jointly handled or monitored by the
appropriate Branch or Office within the Civil
Division:
(1) Cases in the Court of Federal Claims.
(2) Cases within the jurisdiction of the
Commercial Litigation Branch involving
patents, trademarks, copyrights, etc.
(3) Cases before the United States Court of
International Trade.
(4) Any case involving bribery, conflict of
interest, breach of fiduciary duty, breach of
employment contract, or exploitation of
public office.
(5) Any case involving vessel-caused
pollution in navigable waters.
(6) Cases on appeal, except as determined
by the Director of the Appellate Staff.
(7) Any case involving litigation in a
foreign court.
(8) Criminal proceedings arising under
statutes enforced by the Food and Drug
Administration, the Consumer Product Safety
Commission, the Federal Trade Commission,
and the National Highway Traffic Safety
Administration (relating to odometer
tampering), except as determined by the
Director of the Consumer Protection Branch.
(9) Nonmonetary civil cases, including
injunction suits, declaratory judgment
actions, and applications for inspection
warrants, and cases seeking civil penalties
where the gross amount of the original claim
exceeds $10,000,000.
(10) Cases arising under the statutes listed
in 28 CFR 0.45(j), except as determined by
the Director of the Consumer Protection
Branch.
(11) Administrative claims arising under
the Federal Tort Claims Act.
Section 5. Civil Investigative Demands
Authority relating to Civil Investigative
Demands issued under the False Claims Act
is hereby delegated to United States
Attorneys in cases that are delegated or
assigned as monitored to their respective
components. In accordance with guidelines
provided by the Assistant Attorney General,
each United States Attorney must provide
notice and a report of Civil Investigative
Demands issued by the United States
Attorney. Authority relating to Civil
Investigative Demands issued under the False
Claims Act in cases that are jointly or
personally handled by the Civil Division is
hereby delegated to the Director of the Fraud
Section of the Commercial Litigation Branch.
When a case is jointly handled by the Civil
Division and a United States Attorney’s
Office, the Director of the Fraud Section will
issue a Civil Investigative Demand only after
requesting the United States Attorney’s
recommendation.
Section 6. Adverse Decisions
All final judicial decisions adverse to the
Government, other than bankruptcy court
decisions except as provided herein,
involving any direct reference or delegated
case must be reported promptly to the
Assistant Attorney General, Civil Division,
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Federal Register / Vol. 80, No. 108 / Friday, June 5, 2015 / Rules and Regulations
attention Director, Appellate Staff. Consult
title 2 of the United States Attorney’s Manual
for procedures and time limitations. An
appeal of such a decision, as well as an
appeal of an adverse decision by a district
court or bankruptcy appellate panel
reviewing a bankruptcy court decision or a
direct appeal of an adverse bankruptcy court
decision to a court of appeals, cannot be
taken without approval of the Solicitor
General. Until the Solicitor General has made
a decision whether an appeal will be taken,
the Government attorney handling the case
must take all necessary procedural actions to
preserve the Government’s right to take an
appeal, including filing a protective notice of
appeal when the time to file a notice of
appeal is about to expire and the Solicitor
General has not yet made a decision. Nothing
in the foregoing directive affects this
obligation.
Section 7. Definitions
(a) For purposes of this directive, in the
case of claims involving only civil penalties,
other than claims defined in 28 CFR 0.169(b),
the phrase ‘‘gross amount of the original
claim’’ shall mean the maximum amount of
penalties sought.
(b) For purposes of this directive, in the
case of claims asserted in bankruptcy
proceedings, the phrase ‘‘gross amount of the
original claim’’ shall mean liquidation value.
Liquidation value is the forced sale value of
the collateral, if any, securing the claim(s)
plus the dividend likely to be paid for the
unsecured portion of the claim(s) in an actual
or hypothetical liquidation of the bankruptcy
estate.
Section 8. Supersession
This directive supersedes Civil Division
Directive No. 1–10 regarding redelegation of
the Assistant Attorney General’s authority in
Civil Division cases to Branch Directors,
heads of offices, and United States Attorneys.
Section 9. Applicability
This directive applies to all cases pending
as of the date of this directive and is effective
immediately.
Section 10. No Private Right of Action
This directive consists of rules of agency
organization, procedure, and practice and
does not create a private right of action for
any private party to challenge the rules or
actions taken pursuant to them.
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*
*
*
*
*
Dated: June 1, 2015.
Benjamin C. Mizer,
Principal Deputy Assistant Attorney General,
Civil Division.
[FR Doc. 2015–13782 Filed 6–4–15; 8:45 am]
BILLING CODE 4410–12–P
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DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 552
[BOP–1162–F]
RIN 1120–AB62
Searches of Housing Units, Inmates,
and Inmate Work Areas: Use of X-Ray
Devices—Clarification of Terminology
Bureau of Prisons, Justice.
Final rule.
AGENCY:
ACTION:
In this document, the Bureau
of Prisons (Bureau) clarifies that body
imaging search devices are ‘‘electronic
search devices’’ for routine or random
use in searching inmates, and are
distinguished from medical x-ray
devices, which require the inmate’s
consent, or Regional Director approval,
for use as search devices.
DATES: This rule is effective on July 6,
2015.
FOR FURTHER INFORMATION CONTACT:
Sarah Qureshi, Office of General
Counsel, Bureau of Prisons, phone (202)
307–2105.
SUPPLEMENTARY INFORMATION: In this
document, the Bureau finalizes its
regulation on searches of inmates using
x-ray devices and technology (28 CFR
part 552, subpart B). We change this
regulation to clarify that body imaging
search devices are ‘‘electronic search
devices’’ for routine or random use in
searching inmates, and are
distinguished from medical x-ray
devices, the use of which require the
inmate’s consent, or Regional Director
approval, for use as search devices. We
published a proposed rule on this
subject on February 14, 2014 (79 FR
8910). We received a total of twenty
comments on the proposed rule. Three
comments were generally in favor of the
proposed changes. Eleven comments
were copies of the same form letter. We
respond below to the issues raised by
that form letter and the remaining six
comments.
SUMMARY:
The Electronic Devices That the Bureau
Uses Are Unsafe or Will Cause Harm to
Inmates
Fifteen comments (including the
eleven form letters) were concerned that
the electronic devices used by the
Bureau, particularly those which use xray technology, will be harmful to
inmates. Another commenter stated that
the use of x-ray technology as intended
by the Bureau is so unsafe that it ‘‘is a
clear violation of human rights.’’
The x-ray technology used for
searches by the Bureau employs a very
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low level of radiation. Radiation is
measured in units called ‘‘sieverts.’’ A
person scanned by a Bureau body
scanner would receive only 0.25 sieverts
and can be scanned up to 1,000 times
a year. For context, a scan from this
machine is equal to eating two and a
half bananas (the potassium in bananas
emit radiation). Sleeping next to
someone exposes you to .05 sieverts,
because we all have minerals in our
bones that emit radiation. Also, people
living in areas of high elevations are
exposed to almost 5 times (1.2 sieverts)
as much radiation as one scan from a
Bureau body scanner, because there is
more cosmic radiation at high
elevations. An airplane flight from New
York to Los Angeles exposes a human
body to 40 sieverts of radiation. Again,
the Bureau’s x-ray technology scanners
employ only .25 sieverts, so low a level
of radiation as to be safe.
Further, the Bureau requested an
independent study (‘‘Radiation
Protection Report’’) of its pilot program
use of the ‘‘Radpro SecurPass’’
technology. The review, conducted in
2012, was generated and peer reviewed
by radiological physicists holding
Certified Health Physicist credentials
and board certification of the American
Board of Radiology in Diagnostic
Radiology. The Report concluded that
the average effective reference dose was
0.233 sieverts, which is representative
of the maximum possible radiation dose
for the machine to one person for one
scan. The Report concluded that the
system may be operated at that dose
level up to 1,000 times per year while
maintaining the recommended safe
radiation dose.
The use of electronic search devices
described in the proposed rule is also
within established inmate search
procedures. There is no impact it will
have on the federal inmate population
which is not already present. The
proposed rule clarified that body x-ray
imaging search devices are ‘‘electronic
search devices’’ for routine or random
use in searching inmates. This change
does not affect physical contact with
inmates or require disrobement. Other
than increased effectiveness at
identifying contraband through the use
of new minimally invasive hand-held
technology, there exists no actual or
perceivable difference between alreadyin-use electronic search devices and the
proposed x-ray search device. In fact,
the use of the technology will cut down
the frequency and need for more
invasive searches of the type that
inmates seek to avoid.
Further, prisoners, visitors, and staff
have diminished Fourth Amendment
protections in a correctional setting
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]]>Agencies
[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Rules and Regulations]
[Pages 31998-32000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13782]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
28 CFR Part 0
[Directive No. 1-15]
Redelegation of Authority to Deputy Assistant Attorneys General,
Branch Directors, Heads of Offices, and United States Attorneys in
Civil Division Cases
AGENCY: Office of the Assistant Attorney General, Civil Division,
Department of Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends Civil Directive 1-10, which sets forth
the redelegation of authority by the Assistant Attorney General of the
Civil Division to deputy assistant attorneys general, branch directors,
heads of offices, and United States Attorneys. On May 21, 2015, the
Attorney General signed Order No. 3532-2015 increasing the monetary
thresholds for the authority of Assistant Attorneys General to
compromise or close civil claims, and increasing the redelegation
authority to the United States Attorneys with respect to accepting
offers of compromise for affirmative claims. Pursuant to the Attorney
General's order, the new rule increases the redelegated authority to
Branch Directors, heads of offices, and United States Attorneys to
close or compromise affirmative claims. Additionally, the new rule
redelegates to United States Attorneys, directors, and attorneys-in-
charge the authority to issue compulsory process, and makes a few
``housekeeping'' revisions.
DATES: Effective Date: This rule is effective June 5, 2015, and is
applicable beginning May 29, 2015.
FOR FURTHER INFORMATION CONTACT: Joyce R. Branda, Deputy Assistant
Attorney General, Commercial Litigation Branch, Civil Division,
Department of Justice, Washington, DC 20530; 202-307-0231.
SUPPLEMENTARY INFORMATION: This rule is a matter of internal Department
management. It has been drafted and reviewed in accordance with section
1(b) of Executive Order 12866. The Assistant Attorney General for the
Civil Division has determined that this rule is not a ``significant
regulatory action'' under section 3(f) of Executive Order 12866 and
accordingly this rule has not been reviewed by the Office of Management
and Budget. In accordance with the Regulatory Flexibility Act (5 U.S.C.
605(b)), the Assistant Attorney General for the Civil Division has
reviewed this rule, and by approving it certifies that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
List of Subjects in 28 CFR Part 0
Authority delegations (Government agencies), Government employees,
Organization and functions (Government agencies), Privacy, Reporting
and recordkeeping requirements, Whistleblowing.
Accordingly, for the reasons stated in the preamble, title 28,
chapter I, part 0, of the Code of Federal Regulations is amended as set
forth below:
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, 515-519.
0
2. Appendix to Subpart Y is amended by removing Civil Directive No. 1-
10 and adding in its place Civil Directive No. 1-15, to read as
follows:
Appendix to Subpart Y of Part 0--Redelegations of Authority to
Compromise and Close Civil Claims
* * * * *
[Directive No. 1-15]
By virtue of the authority vested in me by part 0 of title 28 of
the Code of Federal Regulations, particularly Sec. Sec. 0.45,
0.160, 0.164, and 0.168, it is hereby ordered as follows:
Section 1. Scope of Delegation Authority
(a) Delegation to Deputy Assistant Attorneys General. The Deputy
Assistant Attorneys General are hereby delegated all the power and
authority of the Assistant Attorney General in charge of the Civil
Division, including with respect to the institution of suits, the
acceptance or rejection of compromise offers, the administrative
settlement of claims, and the closing of claims or cases, unless any
such authority or power is required by law to be exercised by the
Assistant Attorney General personally or has been specifically
delegated to another Department official.
(b) Delegation to United States Attorneys; Branch, Office and
Staff Directors; and Attorneys-in-Charge of Field Offices. Subject
to the limitations imposed by 28 CFR 0.160(d) and 0.164, and
sections 1(e) and 4(b) of this directive, and the authority of the
Solicitor General set forth in 28 CFR 0.163, United States
Attorneys; Branch, Office, and Staff Directors; and Attorneys-in-
Charge of Field Offices, with respect to matters assigned or
delegated to their respective components, are hereby delegated the
authority to:
(1) Accept offers in compromise of claims asserted by the United
States in all cases in which the gross amount of the original claim
does not exceed $10,000,000;
(2) Accept offers in compromise of, or settle administratively,
claims against the United States in all cases in which the principal
amount of the proposed settlement does not exceed $1,000,000;
(3) Reject any offers in compromise; and
(4) Close any affirmative claim or case where the gross amount
of the original claim does not exceed $10,000,000.
(c) Subject to the limitations imposed by sections 1(e), 4(b),
and 5 of this directive, United States Attorneys, Directors, and
Attorneys-in-Charge are hereby delegated the authority to:
(1) File suits, counterclaims, and cross-claims, or take any
other action necessary to protect the interests of the United States
in all routine nonmonetary cases, in all routine loan collection and
foreclosure cases, and in other monetary claims or cases where the
gross amount of the original claim does not exceed $10,000,000. Such
actions in nonmonetary cases which are other than routine will be
submitted for the approval of the Assistant Attorney General, Civil
Division; and,
(2) Issue subpoenas, civil investigative demands, and any other
compulsory process.
(d) United States Attorneys may redelegate in writing the above-
conferred compromise and suit authority to Assistant United States
Attorneys who supervise other Assistant United States Attorneys who
handle civil litigation.
(e) Limitations on delegations.
(1) The authority to compromise cases, settle claims
administratively, file suits, counterclaims, and cross-claims, to
close claims or cases, or take any other action necessary to protect
the interests of the United States, delegated by paragraphs (a),
(b), and (c) of this section, may not be exercised, and the matter
shall be submitted for resolution to the Assistant Attorney General,
Civil Division, when:
(i) For any reason, the proposed action, as a practical matter,
will control or adversely influence the disposition of other claims
totaling more than the respective amounts designated in the above
paragraphs.
[[Page 31999]]
(ii) Because a novel question of law or a question of policy is
presented, or for any other reason, the proposed action should, in
the opinion of the officer or employee concerned, receive the
personal attention of the Assistant Attorney General, Civil
Division.
(iii) The agency or agencies involved are opposed to the
proposed action. The views of an agency must be solicited with
respect to any significant proposed action if it is a party, if it
has asked to be consulted with respect to any such proposed action,
or if such proposed action in a case would adversely affect any of
its policies.
(iv) The United States Attorney involved is opposed to the
proposed action and requests that the matter be submitted to the
Assistant Attorney General for decision.
(v) The case is on appeal, except as determined by the Director
of the Appellate Staff.
(2) In fraud or False Claims Act cases and matters, for reasons
similar to those listed in sub-section l(e)(l)(i) through
l(e)(l)(iii) above, the Director of the Fraud Section of the
Commercial Litigation Branch, after consultation with the United
States Attorney, may determine that a case or matter will not be
delegated to the United States Attorney, but personally or jointly
handled, or monitored, by the Civil Division.
Section 2. Action Memoranda
(a) Whenever, pursuant to the authority delegated by this
Directive, an official of the Civil Division or a United States
Attorney accepts a compromise, closes a claim or files a suit or
claim, a memorandum fully explaining the basis for the action taken
shall be executed and placed in the file. In the case of matters
compromised, closed, or filed by United States Attorneys, a copy of
the memorandum must, upon request therefrom, be sent to the
appropriate Branch or Office of the Civil Division.
(b) The compromising of cases or closing of claims or the filing
of suits for claims, which a United States Attorney is not
authorized to approve, shall be referred to the appropriate Branch
or Office within the Civil Division, for decision by the Assistant
Attorney General or the appropriate authorized person within the
Civil Division. The referral memorandum should contain a detailed
description of the matter, the United States Attorney's
recommendation, the agency's recommendation where applicable, and a
full statement of the reasons therefor.
Section 3. Return of Civil Judgment Cases to Agencies
Claims arising out of judgments in favor of the United States
which cannot be permanently closed as uncollectible may be returned
to the referring Federal agency for servicing and surveillance
whenever all conditions set forth in USAM 4-3.230 have been met.
Section 4. Authority for Direct Reference and Delegation of Civil
Division Cases to United States Attorneys
(a) Direct reference to United States Attorneys by agencies. The
following civil actions under the jurisdiction of the Assistant
Attorney General, Civil Division, may be referred by the agency
concerned directly to the appropriate United States Attorney for
handling in trial courts, subject to the limitations imposed by
paragraph (b) of this section. United States Attorneys are hereby
delegated the authority to take all necessary steps to protect the
interests of the United States, without prior approval of the
Assistant Attorney General, Civil Division, or his representatives,
subject to the limitations set forth in section 1(e) of this
directive. Agencies may, however, if special handling is desired,
refer these cases to the Civil Division. Also, when constitutional
questions or other significant issues arise in the course of such
litigation, or when an appeal is taken by any party, the Civil
Division should be consulted.
(1) Money claims by the United States where the gross amount of
the original claim does not exceed $10,000,000.
(2) Single family dwelling house foreclosures arising out of
loans made or insured by the Department of Housing and Urban
Development, the Department of Veterans Affairs, or the Farm Service
Agency.
(3) Suits to enjoin violations of, or to collect penalties
under, the Agricultural Adjustment Act of 1938, 7 U.S.C. 1376; the
Packers and Stockyards Act, 7 U.S.C. 203, 207(g), 213, 215, 216,
222, and 228a; the Perishable Agricultural Commodities Act, 1930, 7
U.S.C. 499c(a) and 499h(d); the Egg Products Inspection Act, 21
U.S.C. 1031 et seq.; the Potato Research and Promotion Act, 7 U.S.C.
2611 et seq.; the Cotton Research and Promotion Act of 1966, 7
U.S.C. 2101 et seq.; the Federal Meat Inspection Act, 21 U.S.C. 601
et seq.; and the Agricultural Marketing Agreement Act of 1937, as
amended, 7 U.S.C. 601 et seq.
(4) Suits by social security beneficiaries under the Social
Security Act, 42 U.S.C. 402 et seq.
(5) Social Security disability suits under 42 U.S.C. 423 et seq.
(6) Black lung beneficiary suits under the Federal Coal Mine
Health and Safety Act of 1969, 30 U.S.C. 921 et seq.
(7) Suits by Medicare beneficiaries under 42 U.S.C. 1395ff.
(8) Garnishment actions authorized by 42 U.S.C. 659 for child
support or alimony payments and actions for general debt, 5 U.S.C.
5520a.
(9) Judicial review of actions of the Secretary of Agriculture
under the food stamp program, pursuant to the provisions of 7 U.S.C.
2022 involving retail food stores.
(10) Cases referred by the Department of Labor for the
collection of penalties or for injunctive action under the Fair
Labor Standards Act of 1938 and the Occupational Safety and Health
Act of 1970.
(11) Cases referred by the Department of Labor solely for the
collection of civil penalties under the Farm Labor Contractor
Registration Act of 1963, 7 U.S.C. 2048(b).
(12) Cases referred by the Surface Transportation Board to
enforce orders of the Surface Transportation Board or to enjoin or
suspend such orders pursuant to 28 U.S.C. 1336.
(13) Cases referred by the United States Postal Service for
injunctive relief under the nonmailable matter laws, 39 U.S.C. 3001
et seq.
(b) Cases not covered. Regardless of the amount in controversy
(unless otherwise specified), the following matters normally will
not be delegated to United States Attorneys for handling but will be
personally or jointly handled or monitored by the appropriate Branch
or Office within the Civil Division:
(1) Cases in the Court of Federal Claims.
(2) Cases within the jurisdiction of the Commercial Litigation
Branch involving patents, trademarks, copyrights, etc.
(3) Cases before the United States Court of International Trade.
(4) Any case involving bribery, conflict of interest, breach of
fiduciary duty, breach of employment contract, or exploitation of
public office.
(5) Any case involving vessel-caused pollution in navigable
waters.
(6) Cases on appeal, except as determined by the Director of the
Appellate Staff.
(7) Any case involving litigation in a foreign court.
(8) Criminal proceedings arising under statutes enforced by the
Food and Drug Administration, the Consumer Product Safety
Commission, the Federal Trade Commission, and the National Highway
Traffic Safety Administration (relating to odometer tampering),
except as determined by the Director of the Consumer Protection
Branch.
(9) Nonmonetary civil cases, including injunction suits,
declaratory judgment actions, and applications for inspection
warrants, and cases seeking civil penalties where the gross amount
of the original claim exceeds $10,000,000.
(10) Cases arising under the statutes listed in 28 CFR 0.45(j),
except as determined by the Director of the Consumer Protection
Branch.
(11) Administrative claims arising under the Federal Tort Claims
Act.
Section 5. Civil Investigative Demands
Authority relating to Civil Investigative Demands issued under
the False Claims Act is hereby delegated to United States Attorneys
in cases that are delegated or assigned as monitored to their
respective components. In accordance with guidelines provided by the
Assistant Attorney General, each United States Attorney must provide
notice and a report of Civil Investigative Demands issued by the
United States Attorney. Authority relating to Civil Investigative
Demands issued under the False Claims Act in cases that are jointly
or personally handled by the Civil Division is hereby delegated to
the Director of the Fraud Section of the Commercial Litigation
Branch. When a case is jointly handled by the Civil Division and a
United States Attorney's Office, the Director of the Fraud Section
will issue a Civil Investigative Demand only after requesting the
United States Attorney's recommendation.
Section 6. Adverse Decisions
All final judicial decisions adverse to the Government, other
than bankruptcy court decisions except as provided herein, involving
any direct reference or delegated case must be reported promptly to
the Assistant Attorney General, Civil Division,
[[Page 32000]]
attention Director, Appellate Staff. Consult title 2 of the United
States Attorney's Manual for procedures and time limitations. An
appeal of such a decision, as well as an appeal of an adverse
decision by a district court or bankruptcy appellate panel reviewing
a bankruptcy court decision or a direct appeal of an adverse
bankruptcy court decision to a court of appeals, cannot be taken
without approval of the Solicitor General. Until the Solicitor
General has made a decision whether an appeal will be taken, the
Government attorney handling the case must take all necessary
procedural actions to preserve the Government's right to take an
appeal, including filing a protective notice of appeal when the time
to file a notice of appeal is about to expire and the Solicitor
General has not yet made a decision. Nothing in the foregoing
directive affects this obligation.
Section 7. Definitions
(a) For purposes of this directive, in the case of claims
involving only civil penalties, other than claims defined in 28 CFR
0.169(b), the phrase ``gross amount of the original claim'' shall
mean the maximum amount of penalties sought.
(b) For purposes of this directive, in the case of claims
asserted in bankruptcy proceedings, the phrase ``gross amount of the
original claim'' shall mean liquidation value. Liquidation value is
the forced sale value of the collateral, if any, securing the
claim(s) plus the dividend likely to be paid for the unsecured
portion of the claim(s) in an actual or hypothetical liquidation of
the bankruptcy estate.
Section 8. Supersession
This directive supersedes Civil Division Directive No. 1-10
regarding redelegation of the Assistant Attorney General's authority
in Civil Division cases to Branch Directors, heads of offices, and
United States Attorneys.
Section 9. Applicability
This directive applies to all cases pending as of the date of
this directive and is effective immediately.
Section 10. No Private Right of Action
This directive consists of rules of agency organization,
procedure, and practice and does not create a private right of
action for any private party to challenge the rules or actions taken
pursuant to them.
* * * * *
Dated: June 1, 2015.
Benjamin C. Mizer,
Principal Deputy Assistant Attorney General, Civil Division.
[FR Doc. 2015-13782 Filed 6-4-15; 8:45 am]
BILLING CODE 4410-12-P
