tions; criminal actions to impose penalties including actions for the imposition of penalties for conspiring to defraud the Federal Government by violation of the antitrust laws, participation as amicus curiae in private antitrust litigation; and prosecution or defense of appeals in antitrust proceedings.

(b) Intervention or participation before administrative agencies functioning wholly or partly under regulatory statutes in administrative proceedings which require an accommodation between the purposes of the antitrust laws and the purposes of such statutes, including such agencies as the Federal Trade Commission, Federal Reserve Board, Interstate Commerce Commission, Civil Aeronautics Board, Federal Communications Commission, Federal Maritime Commission, and Federal Power Commission, except proceedings referred to any agency by a Federal court as an incident to litigation being conducted under the supervision of another division in this Department.

(c) Developing procedures to implement, receiving information, maintaining records, and preparing reports by the Attorney General to the President as required by Executive Order No. 10936 of April 25, 1961 (26 F.R. 3555), relating to identical bids submitted to Federal and State departments and agencies.

(d) As the delegate of the Attorney General, furnishing reports and summaries thereof, respecting the competitive factors involved in proposed mergers or consolidations of insured banks, required by subsection (c) of section 18 of the Federal Deposit Insurance Act (64 Stat. 891), as amended (12 U.S.C. 1828 (c)), and furnishing the advice regarding the proposed disposition of surplus Government property required by section 207 of the Federal Property and Administrative Services Act (63 Stat. 391), as amended (40 U.S.C. 488).

(e) Preparing the approval or disapproval of the Attorney General whenever such action is required by statute from the standpoint of the antitrust laws as a prerequisite to the development of Defense Production Act voluntary programs or agreements and small business production or raw material pools or the national defense program or atomic energy matters, and advising the Attorney General with respect to the disposal of property formerly held by enemy aliens.

(f) Assembling information and preparing reports required or requested by the Congress or the Attorney General as to the effect upon the maintenance and preservation of competition under the free enterprise system of various Federal laws or programs, including the Defense Production Act, the Small Business Act, the joint resolution of July 28, 1955, giving consent to the Interstate Compact to Conserve Oil and Gas, and the program for the disposal of Government-owned synthetic rubber facilities.

(g) Preparing for transmittal to the President, Congress, or other departments or agencies views or advice as to the propriety or effect of any action, program or practice upon the maintenance and preservation of competition under the free enterprise system.

(h) Representing the Attorney General on interdepartmental or interagency committees concerned with the maintenance and preservation of competition generally and in various sections of the economy and the operation of the free enterprise system and when authorized, participating in conferences and committees with foreign governments and treaty organizations concerned with competition and restrictive business practices in international trade.

[Order No. 271-62, 27 F.R. 5162, June 1, 1962, as amended by Order No. 356-66, 31 F.R. 5071, Mar. 29, 1966]

§ 0.41 Special functions.

Subject to the general supervision and direction of the Attorney General, the following-described matters are assigned to, and shall be conducted, handled, or supervised by, the Assistant Attorney General in charge of the Antitrust Division:

(a) Institution of proceedings to impose penalties for violations of section 202(a) of the Communications Act of 1934 (48 Stat. 1070), as amended (47 U.S.C. 202(a)), which prohibits common carriers by wire or radio from unjustly or unreasonably discriminating among persons, classes of persons, or localities.

(b) Upon appropriate certification by the Federal Trade Commission, and except as assigned to the Criminal Division by 8 0.55(d), the institution of civil or criminal proceedings to impose penalties arising from violations of the Federal Trade Commission Act.

(c) Representing the United States in suits before three-judge district courts under section 2321-2325 of title 28 of the United States Code, to enforce, suspend, enjoin, annul, or set aside, in whole or in part, any order of the Interstate Commerce Commission.

(d) Representing the United States in proceedings before courts of appeal to review orders of the Federal Communications Commission, the Federal Maritime Commission, the Maritime Administration and the Atomic Energy Commission (5 U.S.C. 1031-1042).

(e) Representing the Civil Aeronautics Board, the Administrator of the Federal Aviation Agency, and the Secretary of the Treasury or his delegates under the Federal Alcohol Administration Act, in courts of appeal reviewing their respective administrative orders.

(f) Defending the Administrator of the Federal Aviation Agency, the Secretary of the Treasury or his delegates under the Federal Alcohol Administration Act, and the agencies named in paragraph (c), (d), and (e) of this section or their officers against the injunctive actions brought in Federal courts when the matter which is the subject of the actions will ultimately be the subject of review under paragraph (c), (d), (e), or (g) of this section, or of an enforcement action under paragraph (b) of this section.

(g) Seeking review of or defending judgments rendered in proceedings under paragraphs (a) through (f) of this section and judgments rendered upon review of Federal Trade Commission orders by courts of appeal.

§ 0.42 Authority to furnish_certain reports relating to proposed mergers of banks.

The Assistant Attorney General in charge of the Antitrust Division is authorized to exercise the authority vested in the Attorney General by subsection (c) of section 18 of the Federal Deposit Insurance Act (64 Stat. 891; 12 U.S.C. 1828 (c)), as amended by the act of May 13, 1960, 74 Stat. 129, relating to the furnishing of reports, and summaries thereof, with respect to the competitive factors involved in proposed mergers or consolidations of insured banks.

Subpart I-Civil Division

CROSS REFERENCE: For regulations pertaining to the Civil Division, see Part 15 of this Chapter.

§ 0.45 General functions.

Subject to the general supervision and direction of the Attorney General, the following-described matters are assigned to, and shall be conducted, handled, or supervised by, the Assistant Attorney General in charge of the Civil Division:

(a) Admiralty and Shipping Casescivil and admiralty litigation in any court by or against the United States, its officers and agents, which involves ships or shipping (except suits to enjoin final orders of the Federal Maritime Board under the Shipping Act of 1916 and under the Intercoastal Shipping Act assigned to the Antitrust Division by Subpart H of this part), defense of regulatory orders of the Maritime Administration affecting navigable waters or shipping thereon (except as assigned to the Land and Natural Resources Division by § 0.65 (a)), workmen's compensation, and litigation and waiver of claims under reciprocal-aid maritime agreements with foreign governments.

(b) Court of Claims cases-defense of all suits against the United States in the Court of Claims, except cases assigned to the Land and Natural Resources Division and to the Tax Division by subparts M and N of this part, respectively.

(c) Customs Cases-all litigation incident to the reappraisement and classification of imported goods, including the defense of all suits in the Customs Court and presentation of customs appeals in the Court of Customs and Patent Appeals.

(d) Fraud Cases-civil claims arising from fraud on the Government (other than antitrust, land, and tax frauds), including alleged claims under the False Claims Act, the Surplus Property Act, the Anti-Kickback Act, the Contract Settlement Act, and common law fraud.

(e) Gifts and Bequests-handling matters arising out of devises and bequests and inter vivos gifts to the United States, except determinations as to the validity of title to any lands involved and litigation pertaining to such determinations.

(f) Patent and Allied Cases and other patent matters-patent, copyright, and trademark litigation before United States courts and the Patent Office, including patent infringement suits in the Court of Claims, interference proceedings, defense of the Register of Copyrights in his administrative acts, and civil patentfraud cases; participation in the administration of the Patent Interchange Agreement; and representation of the Department of Justice on the Government Patents Board.

(g) Tort Cases-defense of tort suits against the United States arising under the Federal Tort Claims Act and special acts of Congress; similar litigation against cost-plus Government contractors and Federal employees whose official conduct is involved (except actions against Government contractors and Federal employees which are assigned to the Land and Natural Resources Division by § 0.65 (a) and (c)); prosecution of tort claims for damage to Government property, and actions for the recovery of medical expenses under Public Law 87693 and Part 43 of this title.

(h) [Reserved]

(i) General Civil Matters-litigation by and against the United States, its agencies, and officers in all courts and administrative tribunals to enforce Government rights, functions, and monetary claims (except defense of injunctive proceedings assigned to the Antitrust Division by Subpart H of this part and proceedings involving judgments, fines, penalties, and forfeitures assigned to other divisions by § 0.178 of this part), and to defend challenged actions of Government agencies and officers, not otherwise assigned, including, but not limited to, civil penalties and forfeitures, actions in the Tax Court under the Renegotiation Act, claims against private persons or organizations for which the Government is, or may ultimately be, liable, except as provided in § 0.70 (c) (2) of this part, defense of actions arising under section 2410 of title 28 of the United States Code whenever the United States is named as a party as the result of the existence of a Federal lien against property, defense of actions for the recovery of United States Government Life Insurance and National Service Life Insurance (38 U.S.C. 784), enforcement of reemployment rights in private industry pursuant to Universal Military Training

and Service Act (50 U.S.C., App. 459); reparations suits brought by the United States as a shipper under the Interstate Commerce Act; civil actions by the United States for penalties for violations of car service orders (49 U.S.C. 1(15) and (17a)); actions restraining violations of Part II of the Interstate Commerce Act (49 U.S.C. 322(b) and 322 (h); civil actions under Part I of the Interstate Commerce Act (49 U.S.C. 6(10) and 16(9)); injunctions against violations of Interstate Commerce Commission orders (49 U.S.C. 16(12)); mandamus to compel the furnishing of information to the Interstate Commerce Commission (49 U.S.C. 19a (1) and 20 (9)); recovery of rebates under the Elkins Act (49 U.S.C. 41(a)); compelling the appearance of witnesses before the Interstate Commerce Commission and enforcement of subpenas and punishment for contempt (49 U.S.C. 12(3)); suits to enjoin final orders of the Secretary of Agriculture under the Perishable Agricultural Commodities Act (7 U.S.C. 499g), and the Packers and Stockyards Act (7 U.S.C. 217); suits to set aside orders of State regulatory agencies (49 U.S.C. 13(4); and civil matters, except those required to be handled by the Board of Parole, under section 504 (a) of the Labor-Management Reporting and Disclosure Act of 1959 (73 Stat. 536).

[Order No. 271-62, 27 F.R. 5165, June 1, 1962, as amended by Order No. 291-62, 27 F.R. 12618, Dec. 20, 1962; Order No. 353-66, 31 F.R. 2427, Feb. 5, 1966; Order No. 360-66, 31 F.R. 6317, Apr. 26, 1966; Order No. 385-67, 32 F.R. 15425, Nov. 4, 1967]

(1) Exercising or performing all the authority, rights, privileges, powers, duties, and functions delegated to or vested in the Attorney General under the Trading with the Enemy Act, as amended, Title II of the International Claims Settlement Act of 1949, as amended, the act of September 28, 1950, 64 Stat. 1079 (50 U.S.C. App. 40), the Philippine Property Act of 1946, as amended, and the Executive orders relating to such acts, including, but not limited to, vesting, supervising, controlling, administering, liquidating, selling, paying debt claims out of, returning, and settling of intercustodial disputes relating to, property subject to one or more of such acts.

(2) Conducting and directing all civil litigation with respect to the Trading with the Enemy Act, Title II of the International Claims Settlement Act, the Foreign Funds Control Program and the Foreign Assets Control Program.

(3) Designating within the Office of Alien Property a certifying officer, and an alternate, to certify copies of documents issued by the Director, or his designee, which are required to be filed with the Office of the Federal Register.

(b) The Director of the Office of Alien Property shall act for and on behalf of the Attorney General.

(c) All the authority, rights, privileges, powers, duties, and functions of the Director of the Office of Alien Property may be exercised or performed by any agencies, instrumentalities, agents, delegates, or other personnel designated by him.

(d) Existing delegations by the Assistant Attorney General, Director, Office of Alien Property, or the Director, Office of Alien Property, shall continue in force and effect until modified or revoked.

(e) The Assistant Attorney General in charge of the Civil Division is authorized to administer and give effect to the provisions of the Agreement entitled "Agreement Between the United States of America and the Republic of Austria Regarding the Return of Austrian Property, Rights and Interests," which was concluded on January 30, 1959, and was ratified by the Senate of the United States on February 25, 1964.

[Order No. 271-62, 27 F.R. 5166, June 1, 1962, as amended by Order No. 316-64, 29 F.R. 7990, June 24, 1964]

Subpart J-Civil Rights Division

§ 0.50 General functions.

Subject to the general supervision and direction of the Attorney General, the following-described matters are assigned to, and shall be conducted, handled, or supervised by, the Assistant Attorney General in charge of the Civil Rights Division:

(a) Enforcement of all Federal statutes affecting civil rights, including those pertaining to elections and voting, and authorization of litigation in such enforcement, including criminal prosecutions and civil actions and proceedings on behalf of the Government; and appellate proceedings in all such cases. Notwithstanding the provisions of the foregoing sentence, the responsibility for the enforcement of the followingdescribed provisions of the United States Code is assigned to the Assistant Attorney General in charge of the Criminal Division

(1) Sections 591 through 593 and sections 595 through 612 of Title 18, relating to elections and political activities;

(2) Sections 241, 242, and 594 of Title 18 insofar as they relate to voting and election matters not involving discrimination or intimidation on grounds of race or color; and

(3) Sections 241 through 256 of Title 2 (Federal Corrupt Practices Act).

(b) Requesting and reviewing investigations arising from reports or complaints of public officials or private citizens with respect to matters affecting civil rights.

(c) Conferring with individuals and groups who call upon the Department in connection with civil rights matters, advising such individuals and groups thereon, and initiating action appropriate thereto.

(d) Coordination within the Department of Justice of all matters affecting civil rights.

(e) Consultation with and assistance to other Federal departments and agencies and State and local agencies on matters affecting civil rights.

(f) Research on civil rights matters, and the making of recommendations to the Attorney General as to proposed policies and legislation relating thereto. [Order No. 271-62, 27 F.R. 5162, June 1, 1962, as amended by Order No. 335-65, 30 F.R. 5832, Apr. 27, 1965; Order No. 362-66, 31 F.R. 6867, May 10, 1966; Order No. 366-66, 31 F.R. 10391, Aug. 2, 1966]

§ 0.51 Assistance to other Federal agencies.

Upon request, the Assistant Attorney General in charge of the Civil Rights Division may assist the Commission on Civil Rights or other similar Federal bodies in carrying out research and formulating recommendations.

§ 0.53 Special assignments. (a) [Reserved]

(b) The First Assistant to the Assistant Attorney General in charge of the Civil Rights Division shall serve as the alternate of the Attorney General on the Economic Opportunity Council established by section 604 of the Economic Opportunity Act of 1964, 78 Stat. 531. [Order No. 334-65, 30 F.R. 5703, Apr. 22, 1965, as amended by Order No. 366-66, 31 F.R. 10391, Aug. 2, 1966]

Subpart K-Criminal Division § 0.55 General functions.

Subject to the general supervision and direction of the Attorney General, the following-described matters are assigned to, and shall be conducted, handled, or supervised by, the Assistant Attorney General in charge of the Criminal Division:

(a) Prosecutions for Federal crimes not otherwise specifically assigned.

(b) Cases involving criminal frauds against the United States except cases assigned to the Antitrust Division by § 0.40(a) involving conspiracy to defraud the Federal Government by violation of the antitrust laws, tax fraud cases assigned to the Tax Division by Subpart N of this part and false statement or perjury cases assigned to the Internal Security Division by $0.60(a).

(c) All criminal and civil litigation under the Federal Food, Drug, and Cosmetic Act.

(d) Libels or civil penalty actions (including petitions for remission or mitigation of civil penalties and forfeitures, offers in compromise and related proceedings) under the Federal Aviation Act, Contraband Transportation Act, customs laws, Export Control Act, Federal Alcohol Administration Act, Federal Caustic Poisons Act, Federal Insecticide, Fungicide, and Rodenticide Act,

Federal Seed Act, Federal Trade Commission Act (in case foods, drugs, or cosmetics are involved), Gold Reserve Act, Hours of Service Act, laws relating to liquor, narcotics, gambling, and firearms, Locomotive Inspection Act, PrisonMade Goods Act, Safety Appliance Act, Standard Container Act, Sugar Act of 1948, and Twenty-Eight Hour Law.

(e) [Reserved]

(f) Subject to the provisions of Subpart W of this part, consideration, acceptance, or rejection of offers in compromise of criminal and tax liability under the laws relating to liquor, narcotics, gambling, and firearms, in cases in which the criminal liability remains unresolved.

(g) All litigation arising under the immigration and nationality laws (except Japanese renunciation proceedings, which are assigned to the Civil Division by 0.45(e), and suits under the Tucker Act for the recovery of money covered into the Treasury on forfeited immigration bonds), and the passport and visa laws (except litigation involving subversives, which is assigned to the Internal Security Division by § 0.60, and injunction actions against the Secretary of State to require the issuance of passports, which are within the jurisdiction of the Civil Division under § 0.45 (1)).

(h) Coordination of enforcement activities directed against organized crime and racketeering.

(1) Enforcement of the Act of January 2, 1951, 64 Stat. 1134, as amended by the Gambling Devices Act of 1962, 76 Stat. 1075, 15 U.S.C. 1171 et seq., including registration thereunder. (See also 28 CFR 3.2.)

(j) Habeas Corpus proceedings of all types, except that any such proceeding may be conducted, handled, or supervised by another division by agreement between the head of the division concerned and the Assistant Attorney General in charge of the Criminal Division. (k) International extradition proceed ings.

(1) Relation of military to civil authority with respect to criminal matters affecting both.

(m) Except as provided in $0.60(. all criminal matters arising under the Labor-Management Reporting and Disclosure Act of 1959 (73 Stat. 519).