lations, and orders of general applicability issued under the Civil Rights Act of 1964 and section 902 of the Education Amendments of 1972. Likewise, this delegation does not include the authority to issue those regulations under section 1-303 of the Executive Order which are required, by § 0.180 of this part, to be issued by the Attorney General.

(b) Under paragraph (a) of this section, the Assistant Attorney General in charge of the Civil Rights Division shall be responsible for coordinating the implementation and enforcement by Executive agencies of the nondiscrimination provisions of the following laws:

(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).

(2) Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et

seq.).

(3) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794).

(4) Any other provision of Federal statutory law which provides, in whole or in part, that no person in the United States shall, on the ground of race, color, national origin, handicap, religion, or sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance.

[Order No. 944-81, 46 FR 29704, June 3, 1981]

§ 0.52 Certifications under 18 U.S.C. 3503.

The Assistant Attorney General in charge of the Civil Rights Division and his Deputy Assistant Attorney Generals are each authorized to exercise or perform the functions or duties conferred upon the Attorney General by section 3503 of title 18, U.S. Code, to certify that the legal proceeding, in which a motion to take testimony by deposition is made, is against a person who is believed to have participated in an organized criminal activity, where the subject matter of the case or proceeding in which the motion is sought is within the cognizance of the Civil Rights Division pursuant to § 0.50.

[Order No. 452-71, 36 FR 2601, Feb. 9, 1971]

APPENDIX TO SUBPART J

CIVIL RIGHTS DIVISION

[MEMO 75-2]

NOTE: Civil Rights Division Memo 75-2, was superseded by Civil Right Division, Memo 78-1 appearing at 48 FR 3367, Jan. 25, 1983.

[MEMO 78-11

DELEGATIONS OF AUTHORITY DENIALS OF FREEDOM OF INFORMATION AND PRIVACY ACT REQUESTS

1. The Deputy Assistant Attorney General for Litigative Enforcement will assume the duties and responsibilities previously assigned to the Assistant Attorney General by 28 CFR 16.5 (b) and (c) and 16.45(a), as amended July 1, 1977, and defined in those sections, for denying requests and obtaining extensions of time under the Freedom of Information Act, 5 U.S.C. 552, et seq., and the Privacy Act, 5 U.S.C. 552a, et seq.

2. In the absence or unavailability of the Deputy Assistant Attorney General for Litigative Enforcement, the Deputy Assistant Attorney General for Legislation and Litigation is authorized to assume the duties and responsibilities described in paragraph 1.

3. In the absence or unavailability of the Deputy Assistant Attorney General for Litigative Enforcement and the Deputy Assistant Attorney General for Legislation and Litigation, the Deputy Assistant Attorney General for Policy and Coordination, or in his or her absence or unavailability, the Chief of the Appellate Section, is authorized to assume the duties and responsibilities described in paragraph 1.

4. The Deputy Assistant Attorney General for Litigative Enforcement, the Deputy Assistant Attorney General for Legislation and Litigation, the Deputy Assistant Attorney General for Policy and Coordination or Chief of the Appellate Section, who signs a denial or partial denial of a request for records made under the Freedom of Information Act or the Privacy Act shall be the "person responsible for the denial" within the meaning of 5 U.S.C. 552a and 5 U.S.C. 552a (j) and (k).

[48 FR 3367, Jan. 25, 1983]

[MEMO 79-1]

DELEGATION OF AUTHORITY FOR ADMINISTRATION OF SECTION 5 OF THE VOTING RIGHTS ACT

1. The authority of the Attorney General regarding administration of section 5 of the Voting Rights Act of 1965, as amended, (42 U.S.C. 1973c) has been delegated to the As

sistant Attorney General in charge of the Civil Rights Division.

2. That authority is delegated to the Chief of the Voting Section, provided that any determination to object to a change affecting voting (see 28 CFR Part 51) or to withdraw such an objection shall be made by the Assistant Attorney General.

3. The Chief of the Voting Section may authorize the Deputy Chief or the Director of the section 5 unit to act on his or her behalf.

[44 FR 53080, Sept. 12, 1979]

Subpart K-Criminal Division

§ 0.55 General functions.

The following functions are assigned to and shall be conducted, handled, or supervised by, the Assistant Attorney General, Criminal Division:

(a) Prosecutions for Federal crimes not otherwise specifically assigned.

(b) Cases involving criminal frauds against the United States except cases assigned to the Antitrust Division by § 0.40(a) involving conspiracy to defraud the Federal Government by violation of the antitrust laws, and tax fraud cases assigned to the Tax Division by Subpart N of this part.

(c) All criminal and civil litigation under the Controlled Substances Act, 84 Stat. 1242, and the Controlled Substances Import and Export Act, 84 Stat. 1285 (titles II and III of the Comprehensive Drug Abuse Prevention and Control Act of 1970).

(d) Civil or criminal forfeiture or civil penalty actions (including petitions for remission or mitigation of forfeitures and civil penalties, offers in compromise, and related proceedings) under the Federal Aviation Act of 1958, the Contraband Transportation Act, the Copyrights Act, the customs laws (except those assigned to the Civil Division which involve sections 592, 704(i)(2) or 734(i)(2) of the Tariff Act of 1930), the Export Control Act of 1949, the Federal Alcohol Administration Act, the Federal Seed Act, the Gold Reserve Act of 1934, the Hours of Service Act, the Animal Welfare Act, the Immigration and Nationality Act (except civil penalty actions and petitions and offers related thereto), the neutrality laws, laws relating to cigarettes, liquor, narcotics and dangerous drugs, other controlled sub

stances, gambling, war materials, preColombian artifacts, coinage, and firearms, locomotive inspection (45 U.S.C. 22, 23, 28-34), the Organized Crime Control Act of 1970, prison-made goods (18 U.S.C. 1761-1762), the Safety Appliance Act, standard barrels (15 U.S.C. 231-242), the Sugar Act of 1948, and the Twenty-Eight Hour Law.

(e) Subject to the provisions of Subpart Y of this part, consideration, acceptance, or rejection of offers in compromise of criminal and tax liability under the laws relating to liquor, narcotics and dangerous drugs, gambling, and firearms, in cases in which the criminal liability remains unresolved.

(f) All criminal litigation and related investigations and inquiries pursuant to all the power and authority of the Attorney General to enforce the Immigration and Nationality Act and all other laws relating to the immigration and naturalization of aliens; all advice to the Attorney General with respect to the exercise of his parole authority under 8 U.S.C. 1182(d)(5) concerning aliens who are excludable under 8 U.S.C. 1182(a)(23), (28), (29), or (33); and all civil litigation with respect to the individuals identified in 8 U.S.C. 1182(a)(33), 1251(a)(19).

(g) Coordination of enforcement activities directed against organized crime and racketeering.

(h) Enforcement of the Act of January 2, 1951, 64 Stat. 1134, as amended by the Gambling Devices Act of 1962, 76 Stat. 1075, 15 U.S.C. 1171 et seq., including registration thereunder. (See also 28 CFR 3.2)

(i) All civil proceedings seeking exclusively equitable relief against Criminal Division activities including criminal investigations, prosecutions and other criminal justice activities (including without limitation, applications for writs of habeas corpus not challenging exclusion, deportation or detention under the immigration laws and coram nobis), except that any proceeding may be conducted, handled, or supervised by another division by agreement between the head of such division and the Assistant Attorney General in charge of the Criminal Division.

(j) International extradition proceedings.

(k) Relation of military to civil auhority with respect to criminal maters affecting both.

(1) All criminal matters arising under he Labor-Management Reporting and Disclosure Act of 1959 (73 Stat. 519).

(m) Enforcement of the followingdescribed provisions of the United States Code

(1) Sections 591 through 593 and sections 595 through 612 of title 18, U.S. Code, relating to elections and political activities;

(2) Sections 241, 242, and 594 of Title 18, and sections 1973i and 1973j of title 42, U.S. Code, insofar as they relate to voting and election matters not involving discrimination or intimidation on grounds of race or color, and section 245(b)(1) of title 18 U.S. Code, insofar as it relates to matters not involving discrimination or intimidation grounds of race, color, religion, or national origin;

on

(3) Section 245(b)(3) of title 18, U.S. Code, pertaining to forcible interference with persons engaged in business during a riot or civil disorder; and

(4) Sections 241 through 256 of title 2, U.S. Code (Federal Corrupt Practices Act). (See § 0.50(a).)

(n) Civil actions arising under 39 U.S.C. 3010, 3011 (Postal Reorganization Act).

(o) Resolving questions that arise as to Federal prisoners held in custody by Federal officers or in Federal prisons, commitments of mentally defective defendants and juvenile delinquents, validity and construction of sentences, probation, and parole.

(p) Supervision of matters arising under the Escape and Rescue Act (18 U.S.C. 751, 752), the Fugitive Felon Act (18 U.S.C. 1072, 1073), and the Obstruction of Justice Statute (18 U.S.C. 1503).

(q) Supervision of matters arising under the Bail Reform Act of 1966 (28 U.S.C. 3041-3143, 3146-3152, 3568).

(r) Supervision of matters arising under the Narcotic Addict Rehabilitation Act of 1966 (18 U.S.C. 4251-4255; 28 U.S.C. 2901-2906; 42 U.S.C. 34113426, 3441, 3442).

(s) Civil proceedings in which the United States is the plaintiff filed under the Organized Crime Control Act of 1970, 18 U.S.C. 1963-1968.

[Order No. 423-69, 34 FR 2038 1969, as amended by Order No. FR 19666, Dec. 29, 1970; Order 36 FR 10862, June 4, 1971; Order 37 FR 9214, May 6, 1972; Order 38 FR 8152, March 29, 1973; Ord 81, 46 FR 52345, Oct. 27, 1981; 1002-83, 48 FR 9523, Mar. 7, 1983 1034-83, 48 FR 50713, Nov. 3, 198

§ 0.56 Exclusive or concurrer tion.

The Assistant Attorney C charge of the Criminal Divi thorized to determine admin whether the Federal Govern exclusive or concurrent ju over offenses committed u acquired by the United Stat consider problems arising the

§ 0.57 Criminal prosecutions a niles.

The Assistant Attorney C charge of the Criminal Div his Deputy Assistant Attorne al are each authorized to ex power and authority vested torney General by sections 5036 of Title 18, United Sta relating to criminal p against juveniles. The Assist ney General in charge of the Division is authorized to any function delegated to h this section to United States and to the Chief of the Sect the Criminal Division whi vises the implementation of nile Justice and Delinquend tion Act (18 U.S.C. 5031 et se

[Order No. 579-74, 39 FR 377 1974, as amended by Order No FR 34269, May 22, 1980]

§ 0.58 Delegation respecting benefits for disability or d enforcement officers not e the United States.

The Assistant Attorney charge of the Criminal D his Deputy Assistant Attorn al are each authorized to perform any of the functio conferred upon the Attorn by the Act to Compensat forcement Officers not Er the United States Killed While Apprehending Perso

ed of Committing Federal Crimes (5 U.S.C. 8191, 8192, 8193). The Assistant Attorney General in charge of the Criminal Division is authorized to redelegate any function delegated to him under this section to the Chief of the Section within the Criminal Division which supervises the implementation of the aforementioned Compensation Act.

[Order No. 1010-83, 48 FR 19023, Apr. 27, 1983]

§ 0.59 Certain certifications under 18 U.S.C. 3331 and 3503.

(a) The Assistant Attorney General in charge of the Criminal Division is authorized to exercise or perform the functions or duties conferred upon the Attorney General by section 3331 of Title 18, United States Code, to certify that in his judgment a special grand jury is necessary in any judicial district of the United States because of criminal activity within such district.

(b) The Assistant Attorney General in charge of the Criminal Division and his Deputy Assistant Attorney Generals are each authorized to exercise or perform the functions or duties conferred upon the Attorney General by section 3503 of Title 18, United States Code, to certify that the legal proceeding, in which a motion to take testimony by deposition is made, is against a person who is believed to have participated in an organized criminal activity, where the subject matter of the case or proceeding in which the motion is sought is within the cognizance of the Criminal Division pursuant to § 0.55, or is not within the cognizance of the Civil Rights Division.

[Order No. 452-71, 36 FR 2601, Feb. 9, 1971, as amended by Order No. 511-73, 38 FR 8152, March 29, 1973]

§ 0.61 Functions relating to internal security.

The following functions are assigned to and shall be conducted, handled, or supervised by, the Assistant Attorney General, Criminal Division:

(a) Enforcement of all criminal laws relating to subversive activities and kindred offenses directed against the internal security of the United States, including the laws relating to treason,

sabotage, espionage, and sedition; enforcement of the Foreign Assets Control Regulations issued under the Trading With the Enemy Act (31 CFR 500.101 et seq.); criminal prosecutions under the Atomic Energy Act of 1954, the Smith Act, the neutrality laws, the Arms Export Control Act, the Federal Aviation Act of 1958 (49 U.S.C. 1523) relating to offenses involving the security control of air traffic, and 18 U.S.C. 799; and criminal prosecutions for offenses, such as perjury and false statements, arising out of offenses relating to national security.

(b) Administration and enforcement of the Foreign Agents Registration Act of 1938, as amended; the act of August 1, 1956, 70 Stat. 899 (50 U.S.C. 851-857), including the determination in writing that the registration of any person coming within the purview of the act would not be in the interest of national security; and the Voorhis Act.

(c) Administration and enforcement of the Internal Security Act of 1950, as amended.

(d) Civil proceedings seeking exclusively equitable relief against laws, investigations or administrative actions designed to protect the national security (including without limitation personnel security programs and the foreign assets control program).

(e) Interpretation of Executive Order 10450 of April 27, 1953, as amended, and advising other departments and agencies in connection with the administration of the Federal employees security program, including the designation of organizations as required by the order; the interpretation of Executive Order 10501 of November 5, 1953, as amended, and of regulations issued thereunder in accordance with section 11 of that order; and the interpretation of Executive Order 10865 of February 20, 1960.

(f) Libels and civil penalty actions (including petitions for remission or mitigation of civil penalties and forfeitures, offers in compromise and related proceedings) arising out of violations of the Trading with the Enemy Act, the neutrality statutes and the Arms Export Control Act.

(g) Enforcement and administration of the provisions of 2 U.S.C. 441e relat

ing to contributions by foreign nationals.

(h) Enforcement and administration of the provisions of 18 U.S.C. 219, relating to officers and employees of the United States acting as agents of foreign principals.

(i) Criminal matters arising under the Military Selective Service Act of 1967.

[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No. 451-71, 36 FR 1251, Jan. 27, 1971; Order No. 511-73, 38 FR 8152, Mar. 29, 1973; Order No. 673-76, 41 FR 54176, Dec. 13, 1976; Order No. 960-81, 46 FR 52345, Oct. 27, 1981]

§ 0.62 Representative capacities.

The Assistant Attorney General in charge of the Criminal Division shall: (a) Be a member and serve as Chairman of the committee which represents the Department of Justice in the development and implementation of plans for exchanging visits between the Iron Curtain countries and the United States and have authority to designate an alternate to serve on such committee.

(b) Provide Department of Justice representation on the Interdepartmental Committee on Internal Security.

[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No. 511-73, 38 FR 8152, Mar. 29, 1973]

§ 0.63 Delegation

respecting

admission and naturalization of certain aliens.

(a) The Assistant Attorney General in charge of the Criminal Division is authorized to exercise the power and authority vested in the Attorney General by section 7 of the Central Intelligence Agency Act of 1949, as amended (50 U.S.C. 403h), with respect to entry of certain aliens into the United States for permanent residence.

(b) The Assistant Attorney General in charge of the Criminal Division is authorized to exercise the power and authority vested in the Attorney General by section 316(g) of the Immigration and Nationality Act, 8 U.S.C. 1427(g), with respect to the naturalization of certain foreign intelligence sources.

[Order No. 1202-87, 52 FR 24448, July 1, 1987]

§ 0.64 Certifications under 18

The Assistant Attorney C charge of the Criminal Div his Deputy Assistant Attorn als are each authorized to e perform the functions or d ferred upon the Attorney C section 3503 of Title 18, Uni Code, to certify that the lega ing, in which a motion to tak ny by deposition is made, is person who is believed to ha pated in an organized crimi ty, where the subject mat case or proceeding in W motion is sought is within zance of the Criminal Divis ant to § 0.61.

[Order No. 452-71, 36 FR 2601, as amended by Order No. 511 8152, Mar. 29, 1973]

§ 0.64-1 Central or Competen

under treaties and execu ments on mutual assistance matters.

The Assistant Attorney charge of the Criminal Div have the authority and pe functions of the "Central or "Competent Authority" ( ignation) under treaties and agreements between the Un of America and other co mutual assistance in crimin which designate the Attorn or the Department of Just authority. The Assistant General, Criminal Division ized to redelegate this auth Deputy Assistant Attorne and to the Director, Office tional Affairs, Criminal Div [Order 918-80, 45 FR 79758, D amended by Order 1274-88, 5 June 13, 1988]

§ 0.64-2 Delegation respectin offenders to or from forei The Assistant Attorney charge of the Criminal Di thorized to exercise all of and authority vested in t General under Section 4: 18, U.S. Code, which has r egated to the Director of of Prisons under 28 CFR ing specifically the autho