§ 0.148 Certifying officers.

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; for the Bureau of Narcotics and Dangerous Drugs, the Director; and for all other organizational units of the Department (including U.S. Attorneys and Marshals), the Assistant Attorney General for Administration.

[Order No. 397-68, 33 F.R. 9818, July 9, 1968] § 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, and the Director of the Bureau of Narcotics and Dangerous Drugs, as to their respective jurisdictions, and the Assistant Attorney General for Administration as to all other organizational units of the Department (including U.S. Attorneys and Marshals), are authorized to request Treasury Department designation of disbursing employees (including cashiers), and to certify that such employees are bonded pursuant to the Act of August 9, 1955, 69 Stat. 618. Existing authorizations to request designations and approve bonds shall remain in effect until terminated by the official who by this section would be authorized to request such designations.

[Order No. 397-68, 33 F.R. 9818, July 9, 1968] § 0.150

Collection of erroneous pay

ments.

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 Bureau of Narcotics and Dangerous Drugs, for their respective jurisdictions, and the Assistant Attorney General for Administration, for all other

organizational units of the Department (including U.S. Attorneys and Marshals), are authorized, in accordance with the regulations prescribed by the Attorney General under section 5514(b) of Title 5, United States Code, 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 U.S. Marshals with respect to the collection of such indebtedness from U.S. Attorneys and Marshals.

[Order No. 397-68, 33 F.R. 9818, July 9, 1968] § 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, the Director of the Bureau of Narcotics and Dangerous Drugs, as to their respective jurisdictions, and the Assistant Attorney General for Administration, as to all other organizational units of the Department (including U.S. Attorneys and Marshals), are authorized to designate, in writing, pursuant to the provisions of sections 2903(b) and 2904 of Title 5, United States Code, officers or employees to administer the oath of office required by section 3331 of Title 5, United States Code, and to administer any other oath required by law in connection with employment in the executive branch of the Federal Government.

[Order No. 397-68, 33 F.R. 9818, July 9, 1968]

§ 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, the Director of the Bureau of Narcotics and Dangerous Drugs, as to their respective jurisdictions, and the Assistant Attorney General for Administration, as to all other organizational units of the Department (including U.S. 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.

[Order No. 397–68, 33 F.R. 9818, July 9, 1968]

99-163 O-69-4

§ 0.153

Selection and assignment of employees for training.

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 Bureau of Narcotics and Dangerous Drugs, as to their respective jurisdictions, and the Assistant Attorney General for Administration, as to all other organizational units of the Department (including U.S. Attorneys and Marshals), are hereby authorized to exercise the authority vested in the Attorney General by section 4109 of Title 5, United States Code, 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.

[Order No. 397-68, 33 F.R. 9818, July 9, 1968]

§ 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, the Commissioner of Immigration and Naturalization, and the Director of the Bureau of Narcotics and Dangerous Drugs, as to their respective jurisdictions, and the Assistant Attorney General for Administration, as to all other organizational units of the Department (including U.S. Attorneys and Marshals), are hereby authorized to exercise the authority vested in the Attorney General by sections 5522-5527

of Title 5, United States Code, and Executive Order No. 10982 of December 25, 1961, and to administer the regulations adopted by the Attorney General in Order No. 269-62 with respect to advance and evacuation payments and special allowances.

[Order No. 397-68, 33 F.R. 9818, July 9, 1968] § 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 of the Department. Subject to the same limitation, the authority conferred by this Subpart V 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 Bureau of Narcotics and Dangerous Drugs may be redelegated by them, respectively, to such officers and employees under their jurisdiction and to such U.S. Attorneys as they may designate. Existing delegations of authority to officers and employees and to U.S. Attorneys, not inconsistent with this Subpart V, made by any officer named in this section shall continue in force and effect until modified or revoked. [Order No. 397-68, 33 F.R. 9819, July 9, 1968]

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.

(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]

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

§ 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.

§ 0.164

§ 0.167

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]

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.

§ 0.170

Redelegation by Assistant Attorney General in charge of Land and Natural Resources Division. The Assistant Attorney General in charge of the Land and Natural Resources Division is authorized to redelegate, to such extent and subject to such limitations as he may deem advisable, to the First Assistant, to the Chief of the Land Acquisition Section, and to the Chief of the General Litigation Section in the Land and Natural Resources Division, and to United States Attorneys the authority delegated to him by §§ 0.160, 0.162, and 0.164.

§ 0.171 Redelegation by Assistant Attorney General in charge of Tax Division

The Assistant Attorney General in charge of the Tax Division is authorized to redelegate, to such extent and subject to such limitations as he may deem advisable, to the First Assistant, to the Second Assistant, to the Assistant for Civil Trials, to section chiefs in the Tax Division, and to U.S. Attorneys the authority delegated to him by §§ 0.160, 0.162, and 0.164.

[Order No. 378–67, 32 F.R. 8144, June 7, 1967]

§ 0.172 Approval by Attorney General of redelegations.

Redelegations under §§ 0.168, 0.169, 0.170, and 0.171 shall be in writing and shall be approved by the Attorney General before becoming effective.

§ 0.173 Continuing effect of existing delegations and redelegations.

Existing delegations and redelegations of authority to the officers and attorneys by the Assistant Attorneys General specified in §§ 0.168, 0.169, 0.170, and 0.171 to compromise or close claims shall continue in force and effect until modified or revoked by the Assistant Attorney General in charge of the division concerned.

§ 0.174 Definition of "gross amount of original claim.”

The phrase "gross amount of the original claim", as used in this Subpart W and as applied to any civil fraud claim described in § 0.45 (d), shall mean the amount of single damages involved.

§ 0.175 Interest on monetary limits.

In computing the gross amount of the original claim and the amount of the proposed settlement pursuant to this Subpart W, accrued interest shall be excluded.

§ 0.178 Judgments, fines, penalties, and

forfeitures.

(a) Subject to the general supervision and direction of the Attorney General, each Assistant Attorney General shall be responsible for conducting, handling, or supervising such litigation or other actions as may be appropriate to accomplish the satisfaction, collection, or recovery, as the case may be, of judgments, fines, penalties, and forfeitures (including bail-bond forfeitures) arising in connection with cases under his jurisdiction. In order to assure the efficient and effective performance of the functions described in the first sentence of this paragraph, each Assistant Attorney General shall designate an individual or unit in his division to be responsible for the performance of those functions.

(b) Each U.S. Attorney shall designate an Assistant U.S. Attorney, and such other employees as may be nen sary, or shall establish an appre