Page images
PDF
EPUB

$ 0.35

Subpart G–Office of the Pardon

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

Applications for clemency. Subject to the general supervision and direction of the Attorney General, the Pardon Attorney shall have charge of the receipt, investigation, and disposition of applications to the President for pardon and other forms of Executive clemency. $ 0.36 Recommendations.

The Pardon Attorney shall submit all recommendations in pardon cases to the Attorney General through th office of the Executive Assistant to the Attorney General.

Subpart H-Antitrust Division

SOURCE: The provisions of this Subpart H contained in Order No. 291-62, 27 F.R. 12617, Dec. 20, 1962, unless otherwise noted.

Subpart F-Community Relations

Service SOURCE: The provisions of this Subpart F contained in Order No. 361–66, 31 F.R. 6274, Apr. 23, 1966, unless otherwise noted. $ 0.30 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 Director of the Community Relations Service:

(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, for the signature of the Attorney General, 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 depart

mental regulations. Departmental regulations issued prior to the effective date of this section and in effect on that date 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.

$ 0.40 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 Antitrust Division:

(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 con lia with final judgments in antitrust suits, and negotiation of consent judgments in civil ac

as

tions; criminal actions to impose penal- (f) Assembling information and preties including actions for the imposition paring reports required or requested by of penalties for conspiring to defraud the Congress or the Attorney General as the Federal Government by violation of to the effect upon the maintenance and the antitrust laws, participation preservation of competition under the amicus curiae in private antitrust liti- free enterprise system of various Federal gation; and prosecution or defense of laws or programs, including the Defense appeals in antitrust proceedings.

Production Act, the Small Business Act, (b) Intervention or participation be

the joint resolution of July 28, 1955, givfore administrative agencies functioning

ing consent to the Interstate Compact to wholly or partly under regulatory

Conserve Oil and Gas, and the program statutes in administrative proceedings

for the disposal of Government-owned

synthetic rubber facilities. which require an accommodation between the purposes of the antitrust laws

(g) Preparing for transmittal to the and the purposes of such statutes, in

President, Congress, or other departcluding such agencies as the Federal

ments or agencies views or advice as to Trade Commission, Federal Reserve

the propriety or effect of any action, Board, Interstate Commerce Commis

program or practice upon the maintesion, Civil Aeronautics Board, Federal

nance and preservation of competition Communications Commission, Federal

under the free enterprise system. Maritime Commission, and Federal

(h) Representing the Attorney GenPower Commission, except proceedings

eral on interdepartmental or interagency referred to any agency by a Federal

committees concerned with the maintecourt as an incident to litigation being

nance and preservation of competition conducted under the supervision of an

generally and in various sections of the other division in this Department.

economy and the operation of the free (c) Developing procedures to imple

enterprise system and when authorized, ment, receiving information, maintain

participating in conferences and coming records, and preparing reports by the

mittees with foreign governments and Attorney General to the President as re

treaty organizations concerned with quired by Executive Order No. 10936 of

competition and restrictive business April 25, 1961 (26 F.R. 3555), relating to

practices in international trade. identical bids submitted to Federal and

[Order No. 271–62, 27 F.R. 5162, June 1, 1962, State departments and agencies.

as amended by Order No. 356–66, 31 F.R. 5071,.

Mar. 29, 1966) (d) As the delegate of the Attorney General, furnishing reports and summaries thereof, respecting the competi

$ 0.41 Special functions. tive factors involved in proposed mergers Subject to the general supervision and or consolidations of insured banks, re

direction of the Attorney General, the quired by subsection (c) of section 18 of

following-described matters are assigned the Federal Deposit Insurance Act (64

to, and shall be conducted, handled, or Stat. 891), as amended (12 U.S.C. 1828

supervised by, the Assistant Attorney (c)), and furnishing the advice regard

General in charge of the Antitrust ing the proposed disposition of surplus Division: Government property required by section 207 of the Federal Property and Ad

(a) Institution of proceedings to imministrative Services Act (63 Stat. 391), pose penalties for violations of section as amended (40 U.S.C.488).

202(a) of the Communications Act of (e) Preparing the approval or disap- 1934 (48 Stat. 1070), as amended (47 proval of the Attorney General whenever U.S.C. 202(a)), which prohibits common such action is required by statute from carriers by wire or radio from unjustly the standpoint of the antitrust laws as

or unreasonably discriminating among a prerequisite to the development of De- persons, classes of persons, or localities. fense Production Act voluntary programs (b) Upon appropriate certification by or agreements and small business pro

the Federal Trade Commission, and exduction or raw material pools or the na

cept as assigned to the Criminal Division tional defense program or atomic energy

by $ 0.55(d), the institution of civil or matters, and advising the Attorney Gen- criminal proceedings to impose penalties eral with respect to the disposal of prop

arising from violations of the Federal erty formerly held by enemy aliens.

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.

Subpart 1-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 Cases civil 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.

$ 0.42 Authority to furnish certain re

ports 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.

(f) Patent and Allied Cases and other and Service Act (50 U.S.C., App. 459); patent matters-patent, copyright, and reparations suits brought by the United trademark litigation before United States States as a shipper under the Interstate courts and the Patent Office, including Commerce Act; civil actions by the patent infringement suits in the Court United States for penalties for violations of Claims, interference proceedings, de- of car service orders (49 U.S.C. 1(15) fense of the Register of Copyrights in his and (17a)); actions restraining violaadministrative acts, and civil patent- tions of Part II of the Interstate Comfraud cases; participation in the admin- merce Act (49 U.S.C. 322(b) and 322(h); istration of the Patent Interchange civil actions under Part I of the InterAgreement; and representation of the state Commerce Act (49 U.S.C. 6(10) and Department of Justice on the Govern- 16(9)); injunctions against violations of ment Patents Board.

Interstate Commerce Commission orders (g) Tort Cases-defense of tort suits (49 U.S.C. 16(12)); mandamus to compel against the United States arising under the furnishing of information to the Inthe Federal Tort Claims Act and special terstate Commerce Commission (49 acts of Congress; similar litigation U.S.C. 19a (1) and 20 (9)); recovery of against cost-plus Government contrac- rebates under the Elkins Act (49 U.S.C. tors and Federal employees whose official 41(a)); compelling the appearance of conduct is involved (except actions witnesses before the Interstate Comagainst Government contractors and merce Commission and enforcement of Federal employees which are assigned to subpenas and punishment for contempt the Land and Natural Resources Division (49 U.S.C. 12(3)); suits to enjoin final by $ 0.65 (a) and (c)); prosecution of orders of the Secretary of Agriculture tort claims for damage to Government under the Perishable Agricultural Comproperty, and actions for the recovery of modities Act (7 U.S.C. 499g), and the medical expenses under Public Law 87- Packers and Stockyards Act (7 U.S.C. 693 and Part 43 of this title.

217); suits to set aside orders of State (h) [Reserved]

regulatory agencies (49 U.S.C. 13(4); and

civil atters, except those required to be (i) General Civil Matters—litigation handled by the Board of Parole, under by and against the United States, its section 504(a) of the Labor-Management agencies, and officers in all courts and Reporting and Disclosure Act of 1959 (73 administrative tribunals to enforce Gov- Stat. 536). ernment rights, functions, and monetary [Order No. 271-62, 27 F.R. 5165, June 1, 1962, claims (except defense of injunctive pro- as amended by Order No. 291–62, 27 F.R. ceedings assigned to the Antitrust Divi- 12618, Dec. 20, 1962; Order No. 353-66, 31 sion by Subpart H of this part and

F.R. 2427, Feb. 5, 1966; Order No. 360-66, 31 proceedings involving judgments, fines,

F.R. 6317, Apr. 26, 1966; Order No. 385-67,

32 F.R. 15425, Nov. 4, 1967] penalties, and forfeitures assigned to other divisions by $ 0.178 of this part), and to defend challenged actions of Gov- 8 0.46 Certain civil litigation. ernment agencies and officers, not other- The Assistant Attorney General in wise assigned, including, but not limited

charge of the Civil Division shall, in adto, civil penalties and forfeitures, actions dition to litigation coming within the in the Tax Court under the Renegotia

scope of $ 0.45, direct all other civil litition Act, claims against private persons gation including claims by or against the or organizations for which the Govern

United States, its agencies or officers, in ment is, or may ultimately be, liable, domestic or foreign courts, special proexcept as provided in $ 0.70 (c) (2) of ceedings, and similar civil matters not this part, defense of actions arising un- otherwise assigned. der section 2410 of title 28 of the United States Code whenever the United States

$ 0.47 Alien Property matters. is named as a party as the result of the The Office of Alien Property shall be a existence of a Federal lien against prop- part of the Civil Division: erty, defense of actions for the recovery (a) The following described matters of United States Government Life In- are assigned to, and shall be conducted, surance and National Service Life In- handled, or supervised by the Assistant surance (38 U.S.C. 784), enforcement of Attorney General in charge of the Civil reemployment rights in private industry Division, who shall also be the Director of pursuant to Universal Military Training the Office of Alien Property:

(1) Exercising or performing all the Subpart J-Civil Rights Division authority, rights, privileges, powers,

$ 0.50

General functions. duties, and functions delegated to or vested in the Attorney General under the

Subject to the general supervision and Trading with the Enemy Act, as amend

direction of the Attorney General, the ed, Title II of the International Claims following-described matters are assigned Settlement Act of 1949, as amended, the to, and shall be conducted, handled, or act of September 28, 1950, 64 Stat. 1079 supervised by, the Assistant Attorney (50 U.S.C. App. 40), the Philippine Prop- General in charge of the Civil Rights Dierty Act of 1946, as amended, and the

vision: Executive orders relating to such acts, in- (a) Enforcement of all Federal statcluding, but not limited to, vesting, su- utes affecting civil rights, including pervising, controlling, administering, those pertaining to elections and voting, liquidating, selling paying debt claims and authorization of litigation in such out of, returning, and settling of inter- enforcement, including criminal prosecustodial disputes relating to, property cutions and civil actions and proceedsubject to one or more of such acts. ings on behalf of the Government; and

(2) Conducting and directing all civil appellate proceedings in all such cases. litigation with respect to the Trading Notwithstanding the provisions of the with the Enemy Act, Title II of the Inter- foregoing sentence, the responsibility for national Claims Settlement Act, the the enforcement of the followingForeign Funds Control Program and the described provisions of the United States Foreign Assets Control Program.

Code is assigned to the Assistant At

torney General in charge of the Crim(3) Designating within the Office of

inal DivisionAlien Property a certifying officer, and an

(1) Sections 591 through 593 and secalternate, to certify copies of documents

tions 595 through 612 of Title 18, relatissued by the Director, or his designee, ing to elections and political activities; which are required to be filed with the

(2) Sections 241, 242, and 594 of Title Office of the Federal Register.

18 insofar as they relate to voting and

election matters not involving discrimi(b) The Director of the Office of Alien nation or intimidation on grounds of race Property shall act for and on behalf of or color; and the Attorney General.

(3) Sections 241 through 256 of Title (c) All the authority, rights, privi- 2 (Federal Corrupt Practices Act). leges, powers, duties, and functions of the

(b) Requesting and reviewing inDirector of the Office of Alien Property vestigations arising from reports or commay be exercised or performed by any plaints of public oficials or private citiagencies, instrumentalities, agents, dele- zens with respect to matters affecting gates, or other personnel designated by civil rights. him.

(c) Conferring with individuals and (d) Existing delegations by the Assis- groups who call upon the Department in tant Attorney General, Director, Office of connection with civil rights matters, adAlien Property, or the Director, Office vising such individuals and groups of Alien Property, shall continue in force thereon, and initiating action appropriand effect until modified or revoked. ate thereto.

(d) Coordination within the Depart(e) The Assistant Attorney General

ment of Justice of all matters affecting in charge of the Civil Division is author

civil rights. ized to administer and give effect to the

(e) Consultation with and assistance provisions of the Agreement entitled

to other Federal departments and agen'Agreement Between the United States

cies and State and local agencies on of America and the Republic of Austria matters affecting civil rights. Regarding the Return of Austrian Prop- (f) Research on civil rights matters, erty, Rights and Interests,” which was and the making of recommendations to concluded on January 30, 1959, and was the Attorney General as to proposed polratified by the Senate of the United icies and legislation relating thereto. States on February 25, 1964.

[Order No. 271-62, 27 F.R. 5162, June 1, 1962,

as amended by Order No. 335–65, 30 F.R. 5832, (Order No. 271-62, 27 F.R. 5166, June 1, 1962,

Apr. 27, 1965; Order No. 362–66, 31 F.R. 6867, as amended by Order No. 316-64, 29 F.R. 7990,

May 10, 1966; Order No. 366-66, 31 F.R. 10391, June 24, 1964)

Aug. 2, 1966)

« PreviousContinue »