The Code of Federal Regulations of the United States of America

erals, bureau heads or persons of equivalent rank in the Department. The duties of the Board shall be:

(a) Consider and make recommendations to the Attorney General concerning honorary awards and cash awards in excess of $1,000 to be granted for suggestions or inventions, sustained superior performance, or special acts or services in the public interest.

(b) Consider and make recommendations to the Attorney General for transmittal to the Civil Service Commission and the President for Presidential awards under 5 U.S.C. 4504.

(c) Evaluate periodically the effectiveness of the employee recognition program and recommend needed improvements to the Attorney General.

§ 0.9 Young American Medals Commit

tee.

There shall be in the Office of the Attorney General a Young American Medals Committee, which shall be composed of three members, one of whom shall be the Director of Public Information, who shall be the Executive Secretary of the Committee. The Chairman of the Committee shall be designated by the Attorney General. The Committee shall issue regulations relating to the establishment of the Young American Medal for Bravery and Young American Medal for Service provided for by the act of August 3, 1950, 64 Stat. 397, and governing the requirements and procedures for the award of such medals. The regulations of the Committee in effect on the effective date of this part shall continue in effect until amended, modified, or revoked by the Committee. § 0.10 Fiscal Review Committee.

The Fiscal Review Committee shall be a part of the Office of the Attorney General and shall be composed of the Attorney General, the Deputy Attorney General, and the Assistant Attorney General for Administration. The Committee shall establish budget policy and review budget estimates to determine whether they conform to departmental and budget policy.

Subpart C-Office of the Deputy
Attorney General

§ 0.15 Deputy Attorney General.

The Deputy Attorney General is authorized to exercise all the power and authority of the Attorney General speci

fied in 0.5 of Subpart B of this part, unless any such power or authority is required by law to be exercised by the Attorney General personally. The Deputy Attorney General shall act as Attorney General and perform all the duties of the Office of Attorney General in case of a vacancy in that office or in case of the absence or disability of the Attorney General and shall:

(a) Maintain liaison between the Department and the Congress.

(b) Assist the Attorney General in the overall supervision and direction of the Department, including coordination of the activities of the departmental divisions and other units.

(c) Assist the Attorney General in the formulation of departmental policies and programs, and in the development of ways and means of effectuating them.

(d) Keep currently informed concerning the operations of the Department, and bring to the consideration of the Attorney General matters requiring his personal attention or action.

(e) Administer the Attorney General's Employment Program for Honor Law Graduates.

(f) Approve Incentive Awards.

(g) Prepare, for the consideration of the Attorney General, recommendations for Presidential appointments to judicial positions and positions within the Department.

(h) Draft proposed departmental legislation, and except as provided in § 0.105 (h), prepare and submit reports and recommendations on pending legislation, in response to requests of Congressional committees or other agencies, and on enrolled bills.

(i) Approve per diem allowances, concurrently with the Assistant Attorney General for Administration, for travel by airplane, train, or boat outside the continental United States in excess of the amounts fixed by paragraph 6.2c of the Standardized Government Travel Regulations.

§ 0.16 Executive Office for U.S. Attor

neys.

The Executive Office for U.S. Attorneys, established in the Office of the Deputy Attorney General by Order No. 8-53 of April 6, 1953, under the supervision of the Deputy Attorney General, shall provide general executive assistance and supervision to the offices of the U.S. Attorneys, and coordinate and

direct the relationship of agencies of the Department with such offices.

§ 0.17 Office of the Director, U.S. Marshals Service.

The Office of the Director, U.S. Marshals Service, shall be under the supervision of the Deputy Attorney General and shall direct and supervise the U.S. Marshals, coordinate and direct the relationship of other organizational units of the Department with the offices of U.S. Marshals, and approve staffing requirements of such offices. In addition, the Director is authorized to:

(a) Deputize selected officers or employees of the United States to perform the functions of a U.S. Deputy Marshal in any district designated by the Director;

(b) Deputize whenever the needs of the U.S. Marshals Service so require selected State or local law enforcement officers to perform the functions of a U.S. Deputy Marshal in any district designated by the Director;

(c) Administer the oath of office required by section 3331 of title 5, United States Code, and administer any other oath required by law in connection with employment in the Executive branch of the Federal Government, in particular the oath required by section 563 of title 28, United States Code;

(d) Perform the duties and functions of a U.S. Deputy Marshal for the District of Columbia.

[Order No. 439-70, 35 F.R. 14771, Sept. 23, 1970]

§ 0.18 Office of Criminal Justice.

The Office of Criminal Justice, established to provide an overview of problems in the criminal justice system, under the supervision of the Deputy Attorney General, shall initiate, implement and evaluate proposals:

(a) To improve the effectiveness and the fairness of crime control and criminal justice administration; and

(b) To promote consistency and coordination in the handling of accused and convicted offenders by law enforcement, court, and correctional agencies in the Federal and District of Columbia systems.

Subpart D-Office of the Solicitor
General

§ 0.20 General functions.

Subject to the general supervision and direction of the Attorney General, the

are as

following-described matters signed to, and shall be conducted, handled, or supervised by, the Solicitor General, in consultation with each agency or official concerned:

(a) Conducting, or assigning and supervising, all Supreme Court cases, including appeals, petitions for and in opposition to certiorari, briefs and arguments, and, in accordance with § 0.163, settlement thereof.

(b) Authorizing or declining to authorize appeals by the Goverment to all appellate courts (incuding petitions for rehearing en banc) and petitions to such courts for the issuance of extraordinary writs.

(d) Surveying and listing appellate cases in the courts of appeals in which the Government is participating.

§ 0.21 Authorizing intervention by the Government in certain cases.

The Solicitor General may in consultation with each agency or official concerned, authorize intervention by the Government in cases involving the constitutionality of acts of Congress. Subpart E-Office of Legal Counsel § 0.25 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 Office of Legal Counsel:

(a) Preparing the formal opinions of the Attorney General; rendering informal opinions and legal advice to the various agencies of the Government; and assisting the Attorney General in the performance of his functions as legal adviser to the President and as a member of, and legal adviser to, the Cabinet.

(b) Preparing and making necessary revisions of proposed Executive orders and proclamations, and advising as to their form and legality prior to their transmission to the President; and performing like functions with respect to regulations and other similar matters which require the approval of the President or the Attorney General.

other Executive agencies on legal aspects of bills proposed for the President's legislative program.

(d) Rendering opinions to the Attorney General and to the heads of the various organizational units of the Department on questions of law arising in the administration of the Department.

(e) Approving proposed orders of the Attorney General, and orders which require the approval of the Attorney General, as to form and legality and as to consistency and conformity with existing orders and memoranda.

(f) Except as to proposed legislation, acting in a liaison capacity for cooperation with the Council of State Governments.

(g) Coordinating the work of the Department of Justice with respect to the participation of the United States in the United Nations and related international organizations and advising with respect to the legal aspects of treaties and other international agreements.

(h) When requested, advising the Attorney General in connection with his review of decisions of the Board of Immigration Appeals and other organizational units of the Department.

(i) Advising Executive agencies and organizational units of the Department on questions relating to interpretation and application of the Public Information Section of the Administrative Procedure Act. (5 U.S.C. 552).

(j) Providing liaison for the Department with the Administrative Conference of the United States.

(k) Providing guidance and assistance to personnel of the Department of Justice in matters relating to ethical conduct, particularly matters subject to the provisions of the conflict of interest laws, Executive Order No. 11222 of May 8, 1965, or Part 45 of this title.

(1) Designating within the Office of Legal Counsel (1) a liaison officer, and an alternate, as a representative of the Department in all matters concerning the filing of departmental documents with the Office of the Federal Register, and (2) a certifying officer, and an alternate, to certify copies of documents (except those issued by the Commissioner of Immigration and Naturalization, or his designee, and the Director of the Bureau of Narcotics and Dangerous Drugs) required to be filed with the Office of the Federal Register (1 CFR 1.21).

(a) Exercise of the powers and performance of the functions vested in the Attorney General by sections 204 (d), 205, 1002, and 1003 (a) of the Civil Rights Act of 1964 (78 Stat. 267) and section 2 of Reorganization Plan No. 1 of 1966.

(b) Preparation and submission of the annual report to the Congress required by section 1004 of that Act.

§ 0.31

Designating officials to perform the functions of the Director.

(a) In case of a vacancy in the Office of the Director of the Community Relations Service, the Deputy Director of the Service shall perform the functions and duties of the Director.

(b) The Director is authorized, in case of absence from his office or in case of his inability or disqualification to act, to designate the Deputy Director to act in his stead. In unusual circumstances, or in the absence of the Deputy Director, a person other than the Deputy Director may be so designated by the Director. § 0.32 Applicability of existing departmental regulations.

Departmental regulations which are generally applicable to units or personnel of the Department of Justice shall be applicable with respect to the Community Relations Service and to the Director and personnel thereof, except to the extent, if any, that such regulations may be inconsistent with the intent and purposes of section 1003 (b) of the Civil Rights Act of 1964.

Subpart G-Office of the Pardon
Attorney

CROSS REFERENCE: For regulations pertaining to the office of Pardon Attorney, see Part 1 of this chapter.

§ 0.35 Applications for clemency.

Subject to the general supervision and direction of the Attorney General, the Pardon Attorney shall have charge of

The Pardon Attorney shall submit all recommendations in clemency cases to the Attorney General through the Executive Assistant to the Attorney General.

Subpart H-Antitrust Division

S 0.40 General functions.

(a) General enforcement, by criminal and civil proceedings, of the Federal antitrust laws and other laws relating to the protection of competition and the prohibition of restraints of trade and monopolization, including conduct of surveys of possible violations of antitrust laws, conduct of grand jury proceedings, designation of attorneys to present evidence to grand juries, issuance and enforcement of civil investigative demands, civil actions to obtain orders and injunctions, civil actions to recover forfeitures or damages for injuries sustained by the United States as a result of antitrust law violations, proceedings to enforce compliance with final judgments in antitrust suits, and negotiation of consent judgments in civil actions; 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, Federal Power Commission, and Securities Exchange

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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, 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, the national defense program, atomic energy matters, and agreements or programs under the Balance of Payments Act, 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 Balance of Payments Act.

(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.

(i) Collecting fines, penalties, judgments, and forfeitures arising in antitrust cases.

§ 0.41 Special functions.

(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 com non 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 § 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 (28 U.S.C. 2341-2350).

(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 Secre

tary 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 February 21, 1966, 80 Stat. 7, 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.

(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 Commission 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

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