The Code of Federal Regulations of the United States of America

post-audit and correct any procurement transactions throughout the Department, and to inspect at any time the procurement operations of the Federal Bureau of Investigation, the Bureau of Prisons, the Federal Prison Industries, and the Immigration and Naturalization Service. § 0.140 Authority relating to advertisements, and purchase of certain supplies and services.

(a) Authorizing the publication of advertisements, notices, or proposals under section 3828 of the Revised Statutes of the United States (44 U.S.C. 324).

(b) Making determinations as to the acquisition of articles, materials, or supplies in accordance with sections 2 and 3 of the Buy American Act (47 Stat. 1520; 41 U.S.C. 10a, 10b).

(c) Placing orders with other agencies of the Government for materials or services, and accepting orders therefor, in accordance with section 686 of title 31 of the United States Code.

Administration, as to all other organizational units of the Department (including United States Attorneys and Marshals), are authorized to exercise the power and authority vested in the Attorney General by law to take final action in the following-described matters:

(a) Authorizing travel, subsistence, and mileage allowances under sections 836 and 837 of title 5 of the United States Code in accordance with regulations prescribed by the Bureau of the Budget or the Assistant Attorney General for Administration.

(b) Fixing rates in accordance with sections 3 and 4 of the Travel Expense Act of 1949, as amended (5 U.S.C. 836 and 837).

(d) Authorizing travel at Government expense upon change of headquarters, including travel of the officer or employee transferred and transportation of his immediate family, household goods, and personal effects, under section 1 of the act of August 2, 1946, 60 Stat. 806 and section 7 of the act of August 2, 1946, as amended (5 U.S.C. 73-b-3).

(e) Authorizing or approving, for purposes of security, the use of compartments or other transportation accommodations superior to lowest first-class accommodations under applicable travel regulations subject to section 6 of the act of August 2, 1946, 60 Stat. 808. [Order No. 271-62, 27 F.R. 5173, June 1, 1962, as amended by Order No. 274-62, 27 F.R. 5796, June 20, 1962]

§ 0.143

Incentive Awards Plan.

The Director of the Federal Bureau of Investigation, the Director of the Bureau of Prisons, the Commissioner of Federal Prison Industries, the Commissioner of Immigration and Naturalization, as to their respective jurisdictions, and the Assistant Attorney General for Administration, as to all other organizational units of the Department (including United States Attorneys and Marshals), are authorized to exercise the power and authority vested in the Attorney General by law with respect to the administration of the Incentive Awards Plan and to approve honorary awards and cash awards under such plan not in excess of $500.

§ 0.144 Determination of basic work week.

The Director of the Federal Bureau of Investigation, the Director of the Bureau of Prisons, the Commissioner of Federal Prison Industries, the Commissioner of Immigration and Naturalization, as to their respective jurisdictions, and the Assistant Attorney General for Administration, as to all other organizational units of the Department (including United States Attorneys and Marshals), are authorized to exercise the authority vested in the Attorney General by section 604(a) of the Federal Employees Pay Act of 1945, as amended (68 Stat. 1112), to determine that the organizational unit concerned would be seriously handicapped in carrying out its functions or that costs would be substantially increased except upon modification of the basic work week, and whenever such determination is made to fix the basic work week of officers and employees of the unit concerned.

§ 0.145 Overtime pay.

The Director of the Federal Bureau of Investigation, the Director of the Bureau of Prisons, the Commissioner of Federal Prison Industries, the Commissioner of Immigration and Naturalization, as to their respective jurisdictions, and the Assistant Attorney General for Administration, as to all other organizational units of the Department (including United States Attorneys and Marshals), may, subject to any regulations which the Attorney General may prescribe, authorize overtime pay (including additional compensation in lieu of overtime not to exceed 15 percent pursuant to section 208(a) of the Federal Employees Pay Act Amendments of 1954) for such positions as may be designated by them. § 0.146

Seals.

The Director of the Federal Bureau of Investigation, the Director of the Bureau of Prisons, the Commissioner of Federal Prison Industries, the Commissioner of Immigration and Naturalization, the Director of the Office of Alien Property, and the Chairman of the Board of Parole shall each have custody of the seal pertaining to his respective jurisdiction and he, or such person or persons, as he may designate, may execute under seal any certification required to authenticate any books, records, papers or other documents as true copies of official records of their respective jurisdictions. The

Assistant Attorney General for Administration shall have custody of the seal of the Department of Justice, and he, or such person or persons as he may designate, may execute under seal any certification required to authenticate any books, records, papers or other documents as true copies of official records of the Department of Justice.

§ 0.147

Certification of obligations.

The following-designated officials are authorized to make the certifications required by section 1311(c) of the Supplemental Appropriation Act, 1955 (68 Stat. 831; 31 U.S.C. 200(c)); for the Federal Bureau of Investigation, the Assistant Director, Administrative Division; for the Bureau of Prisons, the Deputy Assistant Director, Administrative Services; for Federal Prison Industries, the Secretary; for the Immigration and Naturalization Service, the Assistant Commissioner, Administrative Division; and for all other organizational units of the Department (including United States Attorneys and Marshals), the Assistant Attorney General for Administration. [Order No. 271-62, 27 F.R. 5162, June 1, 1962, as amended by Order No. 382-67, 32 F.R. 11160, Aug. 1, 1967]

The following-named officials are authorized to designate employees to certify vouchers under section 1 of the act of December 29, 1941, 55 Stat. 875 (31 U.S.C. 82b), and to certify that such persons are bonded pursuant to the act of August 9, 1955, 69 Stat. 618; for the Federal Bureau of Investigation, the Director; for the Bureau of Prisons, the Director, and the Associate Commissioner, Federal Prison Industries; for the Federal Prison Industries, the Associate Commissioner, and the Director, Bureau of Prisons; for the Immigration and Naturalization Service, the Commissioner; and for all other organizational units of the Department (including United States Attorneys and Marshals), the Assistant Attorney General for Administration.

§ 0.149 Disbursing employees.

The Director of the Federal Bureau of Investigation, the Director of the Bureau of Prisons, the Commissioner of Federal Prison Industries, the Commissioner of Immigration and Naturalization, for their respective jurisdictions, and the Assistant Attorney General for Administration, for all other organizational units of the Department (including United States Attorneys and Marshals), are authorized, in accordance with the regulations prescribed by the Attorney General under section 2 of the act of July 15, 1954, 68 Stat. 482, to collect indebtedness resulting from erroneous payments to employees. The Assistant Attorney General for Administration is authorized to redelegate his authority under this section to United States Marshals with respect to the collection of such indebtedness from United States Attorneys and Marshals.

§ 0.151 Administering Oath of Office.

The Director of the Federal Bureau of Investigation, the Director of the Bureau of Prisons, the Commissioner of Federal Prison Industries, the Commissioner of Immigration and Naturalization, as to their respective jurisdictions, and the Assistant Attorney General for Administration, as to all other organizational units of the Department (including United States Attorneys and Marshals), are authorized to designate, in writing, pursuant to the provisions of section 206 of the act of June 26, 1943, 57 Stat. 196 (5 U.S.C. 16a), officers or employees to administer the oath of office required by section 1757 of the Revised Statutes, as amended (5 U.S.C. 16), and to administer any other oath required by law in connection with employment in the executive branch of the Federal Government.

§ 0.152

Approval of funds for attendance at meetings.

The Director of the Federal Bureau of Investigation, the Director of the Bureau of Prisons, the Commissioner of Immigration and Naturalization, as to their respective jurisdictions, and the Assistant Attorney General for Administration, as to all other organizational units of the Department (including United States Attorneys and Marshals), are authorized to exercise the power and authority vested in the Attorney General by law to prescribe regulations for the expenditure of appropriated funds available for expenses of attendance at meetings of organizations.

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The Director of the Federal Bureau of Investigation, the Director of the Bureau of Prisons, the Commissioner of Federal Prison Industries, and the Commissioner of Immigration and Naturalization as to their respective jurisdictions, and the Assistant Attorney General for Administration as to all other organizational units of the Department cluding United States Attorneys and Marshals), are hereby authorized to exercise the authority vested in the Attorney General by section 10 of the Government Employees Training Act (72 Stat. 332) with respect to the selection and assignment of employees for training by, in, or through Government facilities and the payment or reimbursement of expenses for such training.

§ 0.154 Advance and evacuation payments and special allowances.

The Director of the Federal Bureau of Investigation, the Director of the Bureau of Prisons, the Commissioner of Federal Prison Industries, and the Commissioner of Immigration and Naturalization, as to their respective jurisdictions, and the Assistant Attorney General for Administration as to all other organizational units of the Department (including United States Attorneys and Marshals), are hereby authorized to exercise the authority vested in the Attorney General by Public Law 87-304 (75 Stat. 662), and Executive Order No. 10982 of December 25, 1961, and to administer the regulations adopted by me in Order No. 269-62 with respect to advance and evacuation payments and special allowances.

§ 0.159 Redelegation of authority.

Except as to the authority delegated by 0.147, the authority conferred by this subpart V upon the Deputy Attorney General and the Assistant Attorney General for Administration may be redelegated by them respectively to any of their subordinates or to any other officers or employees in the Department. Subject to the same limitation, the authority conferred upon the Director of the Federal Bureau of Investigation, the Director of the Bureau of Prisons, the Commissioner of Federal Prison Industries, the Commissioner of Immigration and Naturalization, and the Director of the Office of Alien Property may be redelegated by them, respectively, to such officers and employees under their jurisdiction and to such United States Attorneys as they may designate. Existing delegations of authority to officers and employees and to United States Attorneys, not inconsistent with this subpart V, made by the officers named in this section shall continue in force and effect until modified or revoked.

NOTE: Memo 483 in the Appendix to Subpart O of this part delegated certain authority to the First Assistant, Administrative Division, 31 F.R. 12082, Sept. 16, 1966.

Subpart W-Authority to Compromise and Close Civil Claims and Responsibility for Judgments, Fines, Penalties, and Forfeitures 1

§ 0.160 Offers which may be accepted by Assistant Attorneys General. Each Assistant Attorney General is authorized with respect to matters assigned to his division, to accept offers in compromise of claims in behalf of the United States in all cases in which the gross amount of the original claim does not exceed $250,000, and of claims against the United States in all cases, or in administrative actions to settle, in which the amount of the proposed settlement does not exceed $250,000, except:

(a) When for any reason, the compromise of a particular claim, as a practical matter, will control or adversely influence the disposition of other claims totaling more than the respective amounts designated in the preceding part of this section.

1 Order No. 360-66, 31 F.R. 6317, Apr. 26, 1966.

(b) When the Assistant Attorney General is of the opinion that because of a question of law or policy presented, or because of opposition to the proposed settlement by the agency or agencies involved, or for any other reason, the offer should receive the personal attention of the Attorney General.

[Order No. 271-62, 27 F.R. 5162, June 1, 1962, as amended by Order No. 377-67, 32 F.R. 6930, May 5, 1967]

§ 0.161 Recommendations to Attorney General of acceptance of certain offers.

In all cases in which the amount of the original claim or the amount of the offer in proposed settlement exceeds the applicable amount specified in § 0.160 and in any case falling within any of the exceptions enumerated in the said section, the Assistant Attorney General concerned shall, if in his opinion the offer of compromise, or administrative action to settle, should be accepted, transmit his recommendation to the Attorney General to that effect.

§ 0.162 Offers which may be rejected by Assistant Attorneys General.

Each Assistant Attorney General is authorized, with respect to matters assigned to his division or office, to reject offers in compromise of any claims in behalf of the United States, or, in compromises or administrative actions to settle, against the United States, except in those cases which come within paragraph (b) of § 0.160.

§ 0.163 Approval by Solicitor General of action on compromise offers in certain cases.

In any Supreme Court case the acceptance, recommendation of acceptance, or rejection, under § 0.160, § 0.161, or § 0.162, of a compromise offer by the Assistant Attorney General concerned, shall have the approval of the Solicitor General. In any case in which the Solicitor General has authorized an appeal to any other court, a compromise offer, or any other action, which would terminate the appeal, shall be accepted or acted upon by the Assistant Attorney General concerned only upon advice from the Solicitor General that the principles of law involved do not require appellate review in that case.

§ 0.167

§ 0.164 Civil Claims which may be closed by Assistant Attorneys General. Each Assistant Attorney General is authorized, with respect to matters assigned to his division or office, to close (other than by compromise or by entry of judgment) civil claims asserted by the Government in all cases in which the gross amount of the original claim does not exceed $250,000, except:

(a) When for any reason, the closing of a particular claim, as a practical matter, will control or adversely influence the disposition of other claims the total gross amounts of which exceed $250,000.

(b) When the Assistant Attorney General concerned is of the opinion that because of a question of law or policy presented, or because of opposition to the proposed closing by the agency or agencies involved, or for any other reason, the proposed closing should receive the personal attention of the Attorney General.

[Order No. 271-62, 27 F.R. 5162, June 1, 1962, as amended by Order No. 377-67, 32 F.R. 6930, May 5, 1967]

§ 0.165

Recommendations to Attorney General that certain claims be closed. In case the gross amount of the original claim asserted by the Government exceeds $250,000, or one of the exceptions enumerated in § 0.164 is involved, the Assistant Attorney General concerned shall, if in his opinion the claim should be closed, transmit his recommendation to that effect, together with a report on the matter, to the Attorney General for review and final action. Such report shall be in such form as the Attorney General may require.

[Order No. 271–62, 27 F.R. 5162, June 1, 1962, as amended by Order No. 377-67, 32 F.R. 6930, May 5, 1967]

§ 0.166 Memorandum pertaining to closed claim.

In each case in which a claim is closed under 0.164, the Assistant Attorney General concerned shall execute and place in the file pertaining to the claim a memorandum which shall contain a description of the claim and a full statement of the reasons for closing it.

Submission to Attorney General by Director of Office of Alien Property of certain proposed allowances and disallowances.

In addition to the matters which he is required to submit to the Attorney General under preceding sections of this Subpart W, the Director of the Office of Alien Property, shall submit to the Attorney General for such review as he may desire to make the following:

(a) Any proposed allowance by the Director, without hearing, of a title or debt claim pursuant to §§ 502.102, 502.201, or 502.202 of the Rules of Procedure of the Office of Alien Property for Claims (8 CFR 502.102, 502.201, 502.202).

(b) Any final determination of a title or debt claim, whether by allowance or disallowance, pursuant to §§ 502.22, 502.23, 502.25, 502.105 of the said Rules of Procedure for Claims (8 CFR 502.22, 502.23, 502.25, 502.105).

(c) Any proposed allowance or disallowance by the Director, without hearing, of a title claim under section 9(a) of the Trading with the Enemy Act, as amended, filed less than two years after the date of vesting in or transfer to the Alien Property Custodian or the Attorney General of the property or interest in respect of which the claim is made: Provided, That any such title or debt claim is within one of the following-described categories.

(1) Any title claim which involves the return of assets having a value of $50,000 or more, or any debt claim in the amount of $50,000 or more.

(2) Any title claim which will, as a practical matter, control the disposition of related title claims involving, with the principal claim, assets having a value of $50,000 or more; or any debt claim which will, as a practical matter, control the disposition of related debt claims in the aggregate amount, including the principal claim, of $50,000 or more.

(3) Any title claim or debt claim presenting a novel question of law or a question of policy which, in the opinion of the Director, should receive the personal attention of the Attorney General.

(d) Any sale or other disposition of vested property involving assets of $50,000 or more.

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