Page images
PDF
EPUB

$ 0.148 Certifying officers,

organizational units of the Department

(including U.S. Attorneys and MarThe following-named officials are au- shals), are authorized, in accordance with thorized to designate employees to cer- the regulations prescribed by the Attortify vouchers under section 1 of the Act ney General under section 5514(b) of of December 29, 1941, 55 Stat. 875 (31 Title 5, United States Code, to collect U.S.C. 82b), and to certify that such indebtedness resulting from erroneous persons are bonded pursuant to the Act

payments to employees. The Assistant of August 9, 1955, 69 Stat. 618; for the

Attorney General for Administration is Federal Bureau of Investigation, the Di- authorized to redelegate his authority rector; for the Bureau of Prisons, the under this section to U.S. Marshals with Director, and the Associate Commis

respect to the collection of such insioner, Federal Prison Industries; for debtedness from U.S. Attorneys and the Federal Prison Industries, the Asso

Marshals. ciate Commissioner, and the Director,

(Order No. 397-68, 33 F.R. 9818, July 9, 1968] Bureau of Prisons; for the Immigration and Naturalization Service, the Commis- $ 0.151 Administering Oath of Office. sioner; for the Bureau of Narcotics and

The Director of the Federal Bureau of Dangerous Drugs, the Director; and for

Investigation, the Director of the Bureau all other organizational units of the Department (including U.S. Attorneys and

of Prisons, the Commissioner of Federal Marshals), the Assistant Attorney Gen

Prison Industries, the Commissioner of

Immigration and Naturalization, the eral for Administration.

Director of the Bureau of Narcotics and (Order No. 397–68, 33 F.R. 9818, July 9, 1968]

Dangerous Drugs, as to their respective $ 0.149 Disbursing employees.

jurisdictions, and the Assistant Attorney

General for Administration, as to all The Director of the Federal Bureau of Investigation, the Director of the Bu

other organizational units of the Dereau of Prisons, the Commissioner of

partment (including U.S. Attorneys and Federal Prison Industries, the Commis

Marshals), are authorized to designate, sioner of Immigration and Naturaliza

in writing, pursuant to the provisions of tion, and the Director of the Bureau of

sections 2903(b) and 2904 of Title 5, Narcotics and Dangerous Drugs, as to

United States Code, officers or employees their respective jurisdictions, and the

to administer the oath of office required Assistant Attorney General for Admin

by section 3331 of Title 5, United States istration as to all other organizational

Code, and to administer any other oath units of the Department (including U.S.

required by law in connection with emAttorneys and Marshals), are author

ployment in the executive branch of the ized to request Treasury Department

Federal Government. designation of disbursing employees (in

(Order No. 397-68, 33 F.R. 9818, July 9, 1968] cluding cashiers), and to certify that

$ 0.152 Approval of funds for attendsuch employees are bonded pursuant to

ance at meetings. the Act of August 9, 1955, 69 Stat. 618. Existing authorizations to request desig

The Director of the Federal Bureau of nations and approve bonds shall remain

Investigation, the Director of the Bureau in effect until terminated by the official of Prisons, the Commissioner of Immiwho by this section would be authorized

gration and Naturalization, the Director to request such designations.

of the Bureau of Narcotics and Dan(Order No. 397–68, 33 F.R. 9818, July 9, 1968]

gerous Drugs, as to their respective

jurisdictions, and the Assistant Attorney $ 0.150 Collection of erroneous pay

General for Administration, as to all ments,

other organizational units of the DepartThe Director of the Federal Bureau of ment (including U.S. Attorneys and Investigation, the Director of the Bureau Marshals), are authorized to exercise of Prisons, the Commissioner of Federal the power and authority vested in the Prison Industries, the Commissioner of Attorney General by law to prescribe Immigration and Naturalization, the regulations íor the expenditure of apDirector of the Bureau of Narcotics and propriated funds available for expenses Dangerous Drugs, for their respective

of attendance at meetings of organizajurisdictions, and the Assistant Attorney

tions. General for Administration, for all other [Order No. 397-68, 33 F.R. 9818, July 9, 1968]

99-163 0-69_4

$ 0.153 Selection and assignment of em

of Title 5, United States Code, and Execployees for training.

utive Order No. 10982 of December 25,

1961, and to administer the regulations The Director of the Federal Bureau of

adopted by the Attorney General in Investigation, the Director of the Bureau

Order No. 269–62 with respect to advance of Prisons, the Commissioner of Federal

and evacuation payments and special Prison Industries, the Commissioner of

allowances. Immigration and Naturalization, and the Director of the Bureau of Narcotics and

[Order No. 397–68, 33 F.R. 9818, July 9, 1968] Dangerous Drugs, as to their respective $ 0.159 Redelegation of authority. jurisdictions, and the Assistart Attorney General for Administration, as to all

Except as to the authority delegated by

$ 0.147, the authority conferred by this other organizational units of the Depart

Subpart V upon the Deputy Attorney ment (including U.S. Attorneys and

General and the Assistant Attorney GenMarshals), are hereby authorized to

eral for Administration may be redeleexercise the authority vested in the At

gated by them, respectively, to any of torney General by section 4109 of Title

their subordinates or to any other officers 5, United States Code, with respect to the selection and assignment of employ

or employees of the Department. Sub

ject to the same limitation, the authority ees for training by, in, or through Gov

conferred by this Subpart V upon the ernment facilities and the payment or

Director of the Federal Bureau of Inreimbursement of expenses for such

vestigation, the Director of the Bureau training.

of Prisons, the Commissioner of Federal [Order No. 397–68, 33 F.R. 9818, July 9, 1968]

Prison Industries, the Commissioner of

Immigration and Naturalization, and the $ 0.154 Advance and evacuation pay- Director of the Bureau of Narcotics and ments and special allowances.

Dangerous Drugs may be redelegated by The Director of the Federal Bureau of

them, respectively, to such officers and Investigation, the Director of the Bureau

employees under their jurisdiction and of Prisons, the Commissioner of Federal

to such U.S. Attorneys as they may desigPrison Industries, the Commissioner of

nate. Existing delegations of authority Immigration and Naturalization, and the

to officers and employees and to U.S. Director of the Bureau of Narcotics and

Attorneys, not inconsistent with this Dangerous Drugs, as to their respective

Subpart V, made by any officer named in jurisdictions, and the Assistant Attorney

this section shall continue in force and General for Administration, as to all

effect until modified or revoked. other organizational units of the Depart- [Order No. 397–68, 33 F.R. 9819, July 9, 1968] ment (including U.S. Attorneys and NOTE: Memo 483 in the Appendix to SubMarshals), are hereby authorized to part o of this part delegated certain authorexercise the authority vested in the ity to the First Assistant, Administrative Attorney General by sections 5522-5527 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]

$ 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 cer

tain 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.

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

$ 0.164 Civil Claims which may be $ 0.167 Submission to Attorney General

closed by Assistant Attorneys General. by Director of Office of Alien PropEach Assistant Attorney General is

erty of certain proposed allowances

and disallowances. authorized, with respect to matters assigned to his division or office, to close In addition to the matters which he (other than by compromise or by entry is required to submit to the Attorney of judgment) civil claims asserted by General under preceding sections of this the Government in all cases in which Subpart W, the Director of the Office of the gross amount of the original claim Alien Property, shall submit to the Attordoes not exceed $250,000, except:

ney General for such review as he may (a) When for any reason, the closing desire to make the following: of a particular claim, as a practical (a) Any proposed allowance by the matter, will control or adversely influ- Director, without hearing, of a title or ence the disposition of other claims the debt claim pursuant to $ $ 502.102, 502.total gross amounts of which exceed 201, or 502.202 of the Rules of Procedure $250,000.

of the Office of Alien Property for Claims (b) When the Assistant Attorney Gen- (8 CFR 502.102, 502.201, 502,202). eral concerned is of the opinion that (b) Any final determination of a because of a question of law or policy title or debt claim, whether by allowance presented, or because of opposition to or disallowance, pursuant to $ $ 502.22, the proposed closing by the agency or 502.23, 502.25, 502.105 of the said Rules agencies involved, or for any other rea- of Procedure for Claims (8 CFR 502.22, son, the proposed closing should receive 502.23, 502.25, 502.105). the personal attention of the Attorney (c) Any proposed allowance or disalGeneral.

lowance by the Director, without hear[Order No. 271-62, 27 F.R. 5162, June 1, 1962, ing, of a title claim under section 9(a) as amended by Order No. 377–67, 32 F.R. of the Trading with the Enemy Act, as 6930, May 5, 1967)

amended, filed less than two years after $ 0.165 Recommendations to Attorney

the date of vesting in or transfer to the General that certain claims be closed.

Alien Property Custodian or the Attor

ney General of the property or interest In case the gross amount of the orig

in respect of which the claim is made: inal claim asserted by the Government exceeds $250,000, or one of the exceptions

Provided, That any such title or debt enumerated in $ 0.164 is involved, the

claim is within one of the following-deAssistant Attorney General concerned

scribed categories. shall, if in his opinion the claim should

(1) Any title claim which involves the be closed, transmit his recommendation

return of assets having a value of $50,000 to that effect, together with a report on

or more, or any debt claim in the amount the matter, to the Attorney General for

of $50,000 or more. review and final action. Such report

(2) Any title claim which will, as a shall be in such form as the Attorney

practical matter, control the disposition General may require.

of related title claims involving, with the

principal claim, assets having a value of (Order No. 271-62, 27 F.R. 5162, June 1, 1962, as amended by Order No. 377-67, 32 F.R.

$50,000 or more; or any debt claim which 6930, May 5, 1967]

will, as a practical matter, control the disposition of related debt claims in the

aggregate amount, including the princi$ 0.166 Memorandum pertaining to

pal claim, of $50,000 or more. closed claim.

(3) Any title claim or debt claim In each case in which a claim is closed presenting a novel question of law or a under $ 0.164, the Assistant Attorney question of policy which, in the opinion General concerned shall execute and of the Director, should receive the perplace in the file pertaining to the claim sonal attention of the Attorney General. a memorandum which shall contain a (d) Any sale or other disposition of description of the claim and a full state- vested property involving assets of ment of the reasons for closing it.

$50,000 or more.

$ 0.168 Redelegation by Assistant Attor. $ 0.172 Approval by Attorney General of

ney General in charge of Civil Divi- redelegations.
sion.

Redelegations under $ $ 0.168, 0.169, The Assistant Attorney General in 0.170, and 0.171 shall be in writing and charge of the Civil Division is authorized shall be approved by the Attorney Gento redelegate, to such extent and sub- eral before becoming effective. ject to such limitations as he may deem advisable, to the First Assistant, to the $ 0.173 Continuing effect of existing Second Assistant, to section chiefs, to delegations and redelegations. attorneys in charge of field offices in the

Existing delegations and redelegations Civil Division, and to United States At

of authority to the officers and attorneys torneys the authority delegated to him

by the Assistant Attorneys General by $ $ 0.160, 0.162, and 0.164.

specified in $$ 0.168, 0.169, 0.170, and $ 0.169 Redelegation by Assistant At

0.171 to compromise or close claims shall torney General in charge of Criminal

continue in force and effect until modiDivision.

fied or revoked by the Assistant Attorney

General in charge of the division The Assistant Attorney General in

concerned. charge of the Criminal Division is authorized to redelegate, to such extent $ 0.174 Definition of "gross amount of and subject to such limitations as he may

original claim.” deem advisable, to the First Assistant, to the Second Assistant, and to section

The phrase "gross amount of the chiefs in the Criminal Division, and to

original claim”, as used in this Subpart United States Attorneys the authority

W and as applied to any civil fraud claim delegated to him by $$ 0.160, 0.162, and

described in $ 0.45(d), shall mean the 0.164.

amount of single damages involved. [Order No. 315-64, 29 F.R. 7383, June 6, 1964)

$ 0.175 Interest on monetary limits. $ 0.170 Redelegation by Assistant Attor

In computing the gross amount of the ney General in charge of Land original claim and the amount of the and Natural Resources Division.

proposed settlement pursuant to this The Assistant Attorney General in

Subpart W, accrued interest shall be charge of the Land and Natural Re

excluded. sources Division is authorized to redelegate, to such extent and subject to such $ 0.178 Judgments, fines, penalties, and limitations as he may deem advisable, to

forfeitures. the First Assistant, to the Chief of the (a) Subject to the general supervision Land Acquisition Section, and to the and direction of the Attorney General, Chief of the General Litigation Section each Assistant Attorney General shall be in the Land and Natural Resources Divi- responsible for conducting, handling, or sion, and to United States Attorneys

supervising such litigation or other acthe authority delegated to him by tions as may be appropriate to accom$$ 0.160, 0.162, and 0.164.

plish the satisfaction, collection, or re$ 0.171 Redelegation by Assistant At

covery, as the case may be, of judgments, torney General in charge of Tax

fines, penalties, and forfeitures (includDivision

ing bail-bond forfeitures) arising in con

nection with cases under his jurisdiction. The Assistant Attorney General in

In order to assure the efficient and effeccharge of the Tax Division is authorized

tive performance of the functions deto redelegate, to such extent and subject scribed in the first sentence of this parato such limitations as he may deem ad- graph, each Assistant Attorney General visable, to the First Assistant, to the Sec- shall designate an individual or unit in ond Assistant, to the Assistant for Civil his division to be responsible for the Trials, to section chiefs in the Tax Di- performance of those functions. vision, and to U.S. Attorneys the au

(b) Each U.S. Attorney shall desigthority delegated to him by $ $ 0.160, nate an Assistant U.S. Attorney, and 0.162, and 0.164.

such other employees as may be neces(Order No. 378–67, 32 F.R. 8144, June 7, 1967] sary, or shall establish an appropriate

« PreviousContinue »