from a third party and the agency is unable to adjust the third party claim; or (4) The compromise of a particular claim, as a practical matter, will or may control the disposition of a related claim in which the amount to be paid may exceed $25,000.

(c) An administrative claim may be adjusted, determined, compromised, or settled by an agency under the provisions of section 2672 of Title 28, United States Code, only after consultation with the Department of Justice when the agency is informed or is otherwise aware that the United States or an employee, agent, or cost-plus contractor of the United States is involved in litigation based on a claim arising out of the same incident or transaction.

§ 14.7 Referral to Department of Justice

When Department of Justice approval or consultation is required under § 14.6, or the advice of the Department of Justice is otherwise to be requested, the referral or request of the Federal agency shall be directed to the Assistant Attorney General, Civil Division, Department of Justice, in writing and shall contain (a) a short and concise statement of the facts and of the reasons for the referral or request, (b) copies of relevant portions of the agency's claim file, and (c) a statement of the recommendations or views of the agency. Such referrals or requests to the Department of Justice may be made at any time after presentment of a claim to the Federal agency. § 14.8 Investigation and examination.

A Federal agency may request any other Federal agency to investigate a claim filed under section 2672, Title 28, United States Code, or to conduct a physical examination of a claimant and provide a report of the physical examination. Compliance with such requests may be conditioned by a Federal agency upon reimbursement by the requesting agency of the expense of investigation or examination where reimbursement is authorized, as well as where it is required, by statute or regulation.

statement of the reasons for the denial and shall include a statement that, if the claimant is dissatisfied with the agency action, he may file suit in an appropriate U.S. District Court not later than 6 months after the date of mailing of the notification.

§ 14.10

Action on approved claims.

(a) Any award, compromise, or settlement in an amount of $2,500 or less made pursuant to the provisions of section 2672 of Title 28, United States Code, shall be paid by the head of the Federal agency concerned out of the appropriations available to that agency. Payment of an award, compromise, or settlement in excess of $2,500 and not more than $100,000 shall be obtained by the agency by forwarding Standard Form 1145 to the Claims Division, General Accounting Office. Payment of an award, compromise, or settlement in excess of $100,000 shall be obtained by the agency by forwarding Standard Form 1145 to the Bureau of Accounts, Department of the Treasury, which will be responsible for transmitting the award, compromise, or settlement to the Bureau of the Budget for inclusion in a deficiency appropriation bill. When an award is in excess of $25,000, Standard Form 1145 must be accompanied by evidence that the award, compromise, or settlement has been approved by the Attorney General or his designee. When the use of Standard Form 1145 is required, it shall be executed by the claimant or it shall be accompanied by either a claims settlement agreement or a Standard Form 95 executed by the claimant. When a claimant is represented by an attorney, the voucher for payment shall designate both the claimant and his attorney as payees; the check shall be delivered to the attorney, whose address shall appear on the voucher.

(b) Acceptance by the claimant, his agent, or legal representative, of any award, compromise or settlement made pursuant to the provisions of section 2672 or 2677 of Title 28, United States Code, shall be final and conclusive on the claimant, his agent or legal representative and any other person on whose behalf or for whose benefit the claim has been presented, and shall constitute a complete release of any claim against the United States and against any employee of the Government whose act or omission gave rise to the claim, by reason of the same subect matter. § 14.11 Supplementing regulations.

Each agency is authorized to issue regulations and establish procedures consistent with the regulations in this part.

15.1 Expeditious delivery of process and pleadings.

15.2 Providing data bearing upon scope of employment.

15.3 Removal and defense of suits. 15.4 Application of this part.

AUTHORITY: The provisions of this Part 15 issued under 80 Stat 379; 5 U.S.C. 301, 28 U.S.C. 2679, Reorganization Plan No. 2 of 1950, 64 Stat. 1261; 3 CFR, 1949-1953 Comp.

SOURCE: The provisions of this Part 15 contained in Order No. 254-61, 26 F.R. 11420, Dec. 2, 1961, unless otherwise noted.

CROSS REFERENCE: For Organization Statement, Civil Division, see Subpart I of Part 0 of this Chapter.

§ 15.1

Expeditious delivery of process and pleadings.

Any Federal employee against whom a civil action or proceeding is brought for damage to property, or for personal injury or death, on account of the employee's operation of a motor vehicle in the scope of his office or employment with the Federal Government (or his personal representative, if the action is brought against his estate) shall deliver all process and pleadings served upon him, or an attested true copy thereof, to his immediate superior or to whomever is designated by the head of his department or agency to receive such papers, forthwith. In addition, upon his receipt of such process or pleadings, or any prior information regarding the commencement of such a civil action or proceeding, he shall immediately so advise his superior or the designee thereof by telephone or telegraph. The superior or designee shall furnish the United States Attorney for the district embracing the place wherein the action or proceeding is brought and the Chief of the Torts Section, Civil Division, Department of Justice, information concerning the commencement of such action or proceeding, and copies of all process and pleadings therein, promptly upon receipt thereof. § 15.2 Providing data bearing upon scope of employment.

The employee's employing Federal agency shall submit a report containing all data bearing upon the question whether the employee was acting within the scope of his office or employment

with the Federal Government, at the time of the incident out of which the suit arose, to the United States Attorney for the district embracing the place wherein the civil action or proceeding is brought, with a copy of the report to the Chief of the Torts Section, Civil Division, Department of Justice, at the earliest possible date, or within such time as shall be fixed by the United States Attorney upon request. § 15.3

Removal and defense of suits. Authority is hereby delegated to the several United States Attorneys to make the certification provided for in subsection (d) of section 2679 of title 28 of the United States Code, with respect to civil actions or proceedings brought against Federal employees in their respective districts. Such a certification may be withdrawn if a further evaluation of the relevant facts or the consideration of new or additional evidence calls for such action. The making, withholding, or withdrawing of certifications, and the removal and defense of, or the refusal to remove and defend, such civil actions or proceedings by the United States Attorneys shall be subject to the instructions and supervision of the Assistant Attorney General in charge of the Civil Division in accordance with section 507 of title 28 of the United States Code.

§ 15.4 Application of this part.

This part shall apply only to civil actions and proceedings commenced as a result of incidents occurring on or after March 21, 1962.

Sec. 16.13

Procedure in the event of a demand for production or disclosure. 16.14 Procedure in the event of an adverse ruling.

AUTHORITY: The provisions of this Part 16 issued under 5 U.S.C. 301, 552, sec. 501, 65 Stat. 290; 31 U.S.C. 483a, sec. 2, Reorganization Plan No. 2 of 1950, 3 CFR, 1949-1953 Comp.

SOURCE: The provisions of this Part 16 contained in Order No. 381-67, 32 F.R. 9663, July 4, 1967, unless otherwise noted. Subpart A-Production or Disclosure Under 5 U.S.C. 552(a)

§ 16.1 Purpose and scope.

(a) This subpart contains the regulations of the Department of Justice implementing 5 U.S.C. 552. The regulations of this subpart provide information concerning the procedures by which records may be obtained from all organizational units within the Department of Justice. Official records of the Department of Justice made available pursuant to the requirements of 5 U.S.C. 552 shall be furnished to members of the public only as prescribed by this subpart. Officers and employees of the Department may continue to furnish to the public, informally and without compliance with the procedures prescribed herein, information and records which prior to enactment of 5 U.S.C. 552 were furnished customarily in the regular performance of their duties. To the extent permitted by other laws, the Department also will make available records which it is authorized to withhold under 5 U.S.C. 552 whenever it determines that such disclosure is in the public interest.

(b) The Attorney General's Memorandum on the Public Information Section of the Administrative Procedure Act, which was published in June 1967 and is available from the Superintendent of Documents, should be consulted in considering questions arising under 5 U.S.C. 552.

U.S. Attorneys and U.S. Marshals-at the principal offices of the U.S. Attorneys listed in the U.S. Government Organization Manual; Bureau of Prisons and United States Board of Parole at the principal office of each of those agencies at 101 Indiana Avenue NW., Washington, D.C. 20537; Community Relations Service at 512 9th Street NW., Washington, D.C. 20530; Internal Security Division (for registrations of foreign agents and others pursuant to 28 CFR Parts 5, 10, 11, and 12)—at Room 458, Federal Triangle Building, 315 9th Street NW., Washington, D.C. 20530; Board of Immigration Appeals at Room 316, 101 Indiana Avenue NW., Washington, D.C. 20537;

All other Offices, Divisions, and Bureaus of the Department of Justice (except for the Immigration & Naturalization Service whose reading room facilities are covered in 8 CFR 103.9 (e))—at Room 6311, Department of Justice, 10th Street and Pennsylvania Avenue NW., Washington, D.C. 20530.

Each of these public reference facilities will maintain and make available for public inspection and copying a current index of the materials available at that facility which are required to be indexed by 5 U.S.C. 552(a)(2).

§ 16.3 Requests for identifiable records and copies.

(a) A request for a record of the Department which is not customarily made available, which is not available in a public reference facility as described in § 16.2, and which is not a record maintained by the Immigration and Naturalization Service or the Board of Immigration Appeals, shall be made on Form D.J. 118, copies of which may be obtained from any of the offices listed in § 16.2. The request form may be presented during normal business hours at any of the offices listed in § 16.2, or it may be mailed, with the payment of charges prescribed in § 16.4, to the Deputy Attorney General, Washington, D.C. 20530. A separate Form D.J. 118 must be submitted for each record requested.

(b) Each executed Form D.J. 118 submitted shall contain in the space provided a description of the record requested which is sufficiently specific with respect to names, dates, subject matter, and location, to permit the record to be identified and located.

(c) Charges for work done in processing requests filed on Form D.J. 118 will be made in accordance with the schedule

set forth in § 16.4. Such charges are payable in advance of the performance of the work involved. Because storage facilities in the Department of Justice are limited, many of its records are stored at Federal Records Centers operated by the General Services Administration. All costs assessed by the General Services Administration for making such records available to the Department for the purposes of this subpart will be added to the charges assessed against the person submitting the Form D.J. 118.

(d) Except where circumstances require special processing, executed Forms D.J. 118 will be processed in the order in which they are received. Efforts will be made to make records which have been requested and identified available as promptly as is reasonable under the particular circumstances.

(e) Where a requested record cannot be located from the information on Form D.J. 118 or is known to have been destroyed or otherwise disposed of, the person making the request will be appropriately notified.

(f) Many of the records in the files of the Department are obtained from other agencies for litigation or other purposes. Where the question of the availability of such record is determined to be primarily the responsibility of such other agency, the request will be referred to that agency for processing in accordance with that agency's regulations, and the person submitting the request shall be so notified. The decision of the responsible officer of that agency with respect to such record will be honored by this Department.

(g) When a requested record has been identified and is available, the person who filed the Form D.J. 118 will be notified as to where and when the record will be available for inspection. Upon payment of the necessary fees, a copy of an available record may be furnished to the requester in person or by mail. § 16.4

Schedule of fees and services. For the services listed below expended in locating or making available records or copies thereof under 5 U.S.C. 552, the following user charges are deemed fair and equitable and shall be assessed against the person who requests a record.

(b) The Service is authorized to grant a request for a record filed on Form N-585 to the extent set forth in § 103.10 of its regulations. A request on Form N-585 involving any other Service or Board record shall be forwarded by the Service to the Deputy Attorney General together with (1) a copy of any identified record and a recommendation as to whether it shall be made available, or (2) a brief summary of what has been done to identify or find a record which could not be identified or found. The forwarding office will be notified promptly following the decision of the Deputy Attorney General and will give prompt notice thereof to the person submitting the request. Where appropriate, such notice wil recite the place, time, and manner in which a record will be made available.

(c) Notwithstanding the provisions of this § 16.6 or of any other regulation, no officer or employee of the Service or of the Board shall make available any record which the Attorney General has determined shall not be made available. § 16.7 Administrative decision and review.

(a) All Forms D.J. 118 received at any of the offices listed in § 16.2 shall be forwarded to the Deputy Attorney General. If the office receiving the request also has possession of the record or a copy thereof, there shall be included with the forwarded Form D.J. 118 a copy of the record and a recommendation by that office whether the requested record should be made available.

(b) The Deputy Attorney General shall grant or deny each request made on a Form D.J. 118 or on a Form N-585 forwarded pursuant to § 16.6(b). The denial of each request shall be in writing and shall contain a simple statement of reasons for the denial. The decision of the Deputy Attorney General shall be final, subject only to review as provided in paragraph (c) of this section.

(c) Review of the decision of the Deputy Attorney General may be requested by the person submitting the Form D.J. 118 or N-585 within 30 days after the date of the notice advising him of the decision. The filing of a request for review may be accomplished by mailing to the Attorney General, Department of Justice, Washington, D.C. 20530, by certified mail, a copy of the written denial

issued under paragraph (b) of this section and a statement of the circumstances, reasons or arguments advanced for insistence upon disclosure of the originally requested record. The decision after review will be promptly communicated to the person requesting review, and will constitute the final action of the Department.

Subpart B-Production in Response to Subpenas or Demands of Courts or Other Authorities

§ 16.11 Purpose and scope.

This subpart contains the regulations of the Department of Justice concerning procedures to be followed when a subpena, order, or other demand (hereinafter in this subpart referred to as a "demand") of a court or other authority is issued for the production or disclosure of (a) any material contained in the files of the Department, (b) any information relating to material contained in the files of the Department, or (c) any information or material acquired by any person while such person was an employee of the Department as a part of the performance of his official duties or because of his official status. For the purposes of this subpart, the term "employee of the Department" includes all officers and employees of the United States appointed by, or subject to the supervision, jurisdiction, or control of, the Attorney General of the United States, including U.S. attorneys, U.S. marshals, and members of the staffs of those officials.

§ 16.12 Production prohibited unless approved by the Attorney General. No employee or former employee of the Department of Justice shall, in response to a demand of a court or other authority, produce any material contained in the files of the Department of Justice or disclose any information relating to material contained in the files of the Department of Justice or disclose any information or produce any material acquired as a part of the performance of his official duties or because of his official status without the prior approval of the Attorney General.

§ 16.13 Procedure in the event of a demand for production or disclosure. (a) Whenever a demand is made upon an employee or former employee of the Department of Justice for the production