Appendix to Subpart Y of Part 0 - Redelegations of Authority To Compromise and Close Civil Claims
28:1.0.1.1.1.45.1.14.6 :
Appendix to Subpart Y of Part 0 - Redelegations of Authority To
Compromise and Close Civil Claims Civil Division Redelegation of
Authority, to Branch Directors, Heads of Offices and United States
Attorneys in Civil Division Cases [Directive No. 1-15]
By virtue of the authority vested in me by part 0 of title 28 of
the Code of Federal Regulations, particularly §§ 0.45, 0.160,
0.164, and 0.168, it is hereby ordered as follows:
Section 1. Scope of Delegation Authority
(a) Delegation to Deputy Assistant Attorneys General. The Deputy
Assistant Attorneys General are hereby delegated all the power and
authority of the Assistant Attorney General in charge of the Civil
Division, including with respect to the institution of suits, the
acceptance or rejection of compromise offers, the administrative
settlement of claims, and the closing of claims or cases, unless
any such authority or power is required by law to be exercised by
the Assistant Attorney General personally or has been specifically
delegated to another Department official.
(b) Delegation to United States Attorneys; Branch, Office and
Staff Directors; and Attorneys-in-Charge of Field Offices. Subject
to the limitations imposed by 28 CFR 0.160(d) and 0.164, and
sections 1(e) and 4(b) of this directive, and the authority of the
Solicitor General set forth in 28 CFR 0.163, United States
Attorneys; Branch, Office, and Staff Directors; and
Attorneys-in-Charge of Field Offices, with respect to matters
assigned or delegated to their respective components, are hereby
delegated the authority to:
(1) Accept offers in compromise of claims asserted by the United
States in all cases in which the gross amount of the original claim
does not exceed $10,000,000;
(2) Accept offers in compromise of, or settle administratively,
claims against the United States in all cases in which the
principal amount of the proposed settlement does not exceed
$1,000,000;
(3) Reject any offers in compromise; and
(4) Close any affirmative claim or case where the gross amount
of the original claim does not exceed $10,000,000.
(c) Subject to the limitations imposed by sections 1(e), 4(b),
and 5 of this directive, United States Attorneys, Directors, and
Attorneys-in-Charge are hereby delegated the authority to:
(1) File suits, counterclaims, and cross-claims, or take any
other action necessary to protect the interests of the United
States in all routine nonmonetary cases, in all routine loan
collection and foreclosure cases, and in other monetary claims or
cases where the gross amount of the original claim does not exceed
$10,000,000. Such actions in nonmonetary cases which are other than
routine will be submitted for the approval of the Assistant
Attorney General, Civil Division; and,
(2) Issue subpoenas, civil investigative demands, and any other
compulsory process.
(d) United States Attorneys may redelegate in writing the
above-conferred compromise and suit authority to Assistant United
States Attorneys who supervise other Assistant United States
Attorneys who handle civil litigation.
(e) Limitations on delegations.
(1) The authority to compromise cases, settle claims
administratively, file suits, counterclaims, and cross-claims, to
close claims or cases, or take any other action necessary to
protect the interests of the United States, delegated by paragraphs
(a), (b), and (c) of this section, may not be exercised, and the
matter shall be submitted for resolution to the Assistant Attorney
General, Civil Division, when:
(i) For any reason, the proposed action, as a practical matter,
will control or adversely influence the disposition of other claims
totaling more than the respective amounts designated in the above
paragraphs.
(ii) Because a novel question of law or a question of policy is
presented, or for any other reason, the proposed action should, in
the opinion of the officer or employee concerned, receive the
personal attention of the Assistant Attorney General, Civil
Division.
(iii) The agency or agencies involved are opposed to the
proposed action. The views of an agency must be solicited with
respect to any significant proposed action if it is a party, if it
has asked to be consulted with respect to any such proposed action,
or if such proposed action in a case would adversely affect any of
its policies.
(iv) The United States Attorney involved is opposed to the
proposed action and requests that the matter be submitted to the
Assistant Attorney General for decision.
(v) The case is on appeal, except as determined by the Director
of the Appellate Staff.
(2) In fraud or False Claims Act cases and matters, for reasons
similar to those listed in sub-section l(e)(l)(i) through
l(e)(l)(iii) above, the Director of the Fraud Section of the
Commercial Litigation Branch, after consultation with the United
States Attorney, may determine that a case or matter will not be
delegated to the United States Attorney, but personally or jointly
handled, or monitored, by the Civil Division.
Section 2. Action Memoranda
(a) Whenever, pursuant to the authority delegated by this
Directive, an official of the Civil Division or a United States
Attorney accepts a compromise, closes a claim or files a suit or
claim, a memorandum fully explaining the basis for the action taken
shall be executed and placed in the file. In the case of matters
compromised, closed, or filed by United States Attorneys, a copy of
the memorandum must, upon request therefrom, be sent to the
appropriate Branch or Office of the Civil Division.
(b) The compromising of cases or closing of claims or the filing
of suits for claims, which a United States Attorney is not
authorized to approve, shall be referred to the appropriate Branch
or Office within the Civil Division, for decision by the Assistant
Attorney General or the appropriate authorized person within the
Civil Division. The referral memorandum should contain a detailed
description of the matter, the United States Attorney's
recommendation, the agency's recommendation where applicable, and a
full statement of the reasons therefor.
Section 3. Return of Civil Judgment Cases to Agencies
Claims arising out of judgments in favor of the United States
which cannot be permanently closed as uncollectible may be returned
to the referring Federal agency for servicing and surveillance
whenever all conditions set forth in USAM 4-3.230 have been
met.
Section 4. Authority for Direct Reference and Delegation of Civil
Division Cases to United States Attorneys
(a) Direct reference to United States Attorneys by agencies. The
following civil actions under the jurisdiction of the Assistant
Attorney General, Civil Division, may be referred by the agency
concerned directly to the appropriate United States Attorney for
handling in trial courts, subject to the limitations imposed by
paragraph (b) of this section. United States Attorneys are hereby
delegated the authority to take all necessary steps to protect the
interests of the United States, without prior approval of the
Assistant Attorney General, Civil Division, or his representatives,
subject to the limitations set forth in section 1(e) of this
directive. Agencies may, however, if special handling is desired,
refer these cases to the Civil Division. Also, when constitutional
questions or other significant issues arise in the course of such
litigation, or when an appeal is taken by any party, the Civil
Division should be consulted.
(1) Money claims by the United States where the gross amount of
the original claim does not exceed $10,000,000.
(2) Single family dwelling house foreclosures arising out of
loans made or insured by the Department of Housing and Urban
Development, the Department of Veterans Affairs, or the Farm
Service Agency.
(3) Suits to enjoin violations of, or to collect penalties
under, the Agricultural Adjustment Act of 1938, 7 U.S.C. 1376; the
Packers and Stockyards Act, 7 U.S.C. 203, 207(g), 213, 215, 216,
222, and 228a; the Perishable Agricultural Commodities Act, 1930, 7
U.S.C. 499c(a) and 499h(d); the Egg Products Inspection Act, 21
U.S.C. 1031 et seq.; the Potato Research and Promotion Act,
7 U.S.C. 2611 et seq.; the Cotton Research and Promotion Act
of 1966, 7 U.S.C. 2101 et seq.; the Federal Meat Inspection
Act, 21 U.S.C. 601 et seq.; and the Agricultural Marketing
Agreement Act of 1937, as amended, 7 U.S.C. 601 et seq.
(4) Suits by social security beneficiaries under the Social
Security Act, 42 U.S.C. 402 et seq.
(5) Social Security disability suits under 42 U.S.C. 423 et
seq.
(6) Black lung beneficiary suits under the Federal Coal Mine
Health and Safety Act of 1969, 30 U.S.C. 921 et seq.
(7) Suits by Medicare beneficiaries under 42 U.S.C. 1395ff.
(8) Garnishment actions authorized by 42 U.S.C. 659 for child
support or alimony payments and actions for general debt, 5 U.S.C.
5520a.
(9) Judicial review of actions of the Secretary of Agriculture
under the food stamp program, pursuant to the provisions of 7
U.S.C. 2022 involving retail food stores.
(10) Cases referred by the Department of Labor for the
collection of penalties or for injunctive action under the Fair
Labor Standards Act of 1938 and the Occupational Safety and Health
Act of 1970.
(11) Cases referred by the Department of Labor solely for the
collection of civil penalties under the Farm Labor Contractor
Registration Act of 1963, 7 U.S.C. 2048(b).
(12) Cases referred by the Surface Transportation Board to
enforce orders of the Surface Transportation Board or to enjoin or
suspend such orders pursuant to 28 U.S.C. 1336.
(13) Cases referred by the United States Postal Service for
injunctive relief under the nonmailable matter laws, 39 U.S.C. 3001
et seq.
(b) Cases not covered. Regardless of the amount in controversy
(unless otherwise specified), the following matters normally will
not be delegated to United States Attorneys for handling but will
be personally or jointly handled or monitored by the appropriate
Branch or Office within the Civil Division:
(1) Cases in the Court of Federal Claims.
(2) Cases within the jurisdiction of the Commercial Litigation
Branch involving patents, trademarks, copyrights, etc.
(3) Cases before the United States Court of International
Trade.
(4) Any case involving bribery, conflict of interest, breach of
fiduciary duty, breach of employment contract, or exploitation of
public office.
(5) Any case involving vessel-caused pollution in navigable
waters.
(6) Cases on appeal, except as determined by the Director of the
Appellate Staff.
(7) Any case involving litigation in a foreign court.
(8) Criminal proceedings arising under statutes enforced by the
Food and Drug Administration, the Consumer Product Safety
Commission, the Federal Trade Commission, and the National Highway
Traffic Safety Administration (relating to odometer tampering),
except as determined by the Director of the Consumer Protection
Branch.
(9) Nonmonetary civil cases, including injunction suits,
declaratory judgment actions, and applications for inspection
warrants, and cases seeking civil penalties where the gross amount
of the original claim exceeds $10,000,000.
(10) Cases arising under the statutes listed in 28 CFR 0.45(j),
except as determined by the Director of the Consumer Protection
Branch.
(11) Administrative claims arising under the Federal Tort Claims
Act.
Section 5. Civil Investigative Demands
Authority relating to Civil Investigative Demands issued under
the False Claims Act is hereby delegated to United States Attorneys
in cases that are delegated or assigned as monitored to their
respective components. In accordance with guidelines provided by
the Assistant Attorney General, each United States Attorney must
provide notice and a report of Civil Investigative Demands issued
by the United States Attorney. Authority relating to Civil
Investigative Demands issued under the False Claims Act in cases
that are jointly or personally handled by the Civil Division is
hereby delegated to the Director of the Fraud Section of the
Commercial Litigation Branch. When a case is jointly handled by the
Civil Division and a United States Attorney's Office, the Director
of the Fraud Section will issue a Civil Investigative Demand only
after requesting the United States Attorney's recommendation.
Section 6. Adverse Decisions
All final judicial decisions adverse to the Government, other
than bankruptcy court decisions except as provided herein,
involving any direct reference or delegated case must be reported
promptly to the Assistant Attorney General, Civil Division,
attention Director, Appellate Staff. Consult title 2 of the United
States Attorney's Manual for procedures and time limitations. An
appeal of such a decision, as well as an appeal of an adverse
decision by a district court or bankruptcy appellate panel
reviewing a bankruptcy court decision or a direct appeal of an
adverse bankruptcy court decision to a court of appeals, cannot be
taken without approval of the Solicitor General. Until the
Solicitor General has made a decision whether an appeal will be
taken, the Government attorney handling the case must take all
necessary procedural actions to preserve the Government's right to
take an appeal, including filing a protective notice of appeal when
the time to file a notice of appeal is about to expire and the
Solicitor General has not yet made a decision. Nothing in the
foregoing directive affects this obligation.
Section 7. Definitions
(a) For purposes of this directive, in the case of claims
involving only civil penalties, other than claims defined in 28 CFR
0.169(b), the phrase “gross amount of the original claim” shall
mean the maximum amount of penalties sought.
(b) For purposes of this directive, in the case of claims
asserted in bankruptcy proceedings, the phrase “gross amount of the
original claim” shall mean liquidation value. Liquidation value is
the forced sale value of the collateral, if any, securing the
claim(s) plus the dividend likely to be paid for the unsecured
portion of the claim(s) in an actual or hypothetical liquidation of
the bankruptcy estate.
Section 8. Supersession
This directive supersedes Civil Division Directive No. 1-10
regarding redelegation of the Assistant Attorney General's
authority in Civil Division cases to Branch Directors, heads of
offices, and United States Attorneys.
Section 9. Applicability
This directive applies to all cases pending as of the date of
this directive and is effective immediately.
Section 10. No Private Right of Action
This directive consists of rules of agency organization,
procedure, and practice and does not create a private right of
action for any private party to challenge the rules or actions
taken pursuant to them.
Criminal Division [Memo No. 375] Standards And Procedures With
Respect To Criminal Prosecutions Involving Certain Agricultural
Marketing Quota Penalty Cases
By virtue of the authority vested in me by part 0 of title 28 of
the Code of Federal Regulations, particularly §§ 0.55, 0.160,
0.162, 0.164, 0.166, and 0.168, it is hereby ordered as
follows:
Section 1. Purpose. The purpose of this Memorandum is to
prescribe standards and procedures for U.S. Attorneys with respect
to the handling of the criminal aspects of agricultural marketing
quota penalty cases which are submitted to the U.S. Attorneys by
direct referral from the attorney in charge of the local office of
the General Counsel of the Department of Agriculture (hereinafter
in this Memorandum referred to as the General Counsel). Supplement
No. 1 of October 26, 1955, to Memorandum No. 119 is hereby
superseded. Attention is invited to the fact that Memorandum No.
374, of June 3, 1964, which superseded Memorandum No. 119 of
December 8, 1954, deals with the civil aspects of agricultural
marketing quota penalty cases.
Sec. 2. Scope of authority. (a) The authority conferred
by this Memorandum is applicable to alleged criminal violations
involving the provisions of the Agricultural Adjustment Act of
1938, as amended (7 U.S.C. 1311-1376), in cases in which the gross
amount involved does not exceed $5,000.
(b) Matters involving alleged criminal violations of the
Agricultural Adjustment Act of 1938, as amended, shall be referred
directly to the U.S. Attorney concerned by the attorney in charge
of the local office of the General Counsel which has jurisdiction
over any such matter requiring action. U.S. Attorneys may initiate
criminal prosecution or decline to do so as they, in their
judgment, may deem appropriate. U.S. Attorneys are, of course,
urged to obtain the advice and assistance of this Department
whenever they feel that such advice and assistance might be
helpful.
Sec. 3. Correspondence - (a) With the Department of
Justice. Inquiries to the Department concerning any matters
covered by this Memorandum should be directed to the attention of
the Assistant Attorney General in charge of the Criminal Division
(hereinafter in this Memorandum referred to as the Assistant
Attorney General). Any such inquiry should be accompanied by copies
of all pertinent correspondence and other documents, including the
indictment if one shall have been returned, since files concerning
these matters will not be maintained in Washington.
(b) With the Department of Agriculture. Correspondence
calling for additional factual details, and requests for
investigations, documents, witnesses, and similar matters, should
be directed to the General Counsel's attorney in charge who
originated the matter. However, only the U.S. Attorney and his duly
appointed assistants are authorized to exercise any control
whatsoever over the handling of any such matter referred to the
U.S. Attorney for action. The U.S. Attorney is charged with the
entire responsibility for the manner in which such matters are
handled.
Sec. 4. Closing of the Prosecution. (a) U.S. Attorneys
may decline to prosecute any case involving a matter covered by
this Memorandum without prior consultation or approval of the
Assistant Attorney General. If, however, prosecution has been
initiated by way of indictment or information, the indictment or
information shall not be dismissed until authority to do so has
been obtained from the Assistant Attorney General or his
representative unless the reason for the dismissal is one which
does not necessitate the prior approval of the Criminal Division.
(See U.S. Attorneys' Manual, title 2: Criminal Division, pages
18-20.)
(b) In each instance in which a case is closed by a U.S.
Attorney and in which prior approval of the Assistant Attorney
General or his representative has not been obtained, a memorandum
shall be prepared and placed in the file describing the action
taken and the reasons therefor.
Sec. 5. Appeals. The instructions existing with reference
to criminal appeals shall govern appeals in cases covered by this
Memorandum.
[Attorney General Order No. 1598-92] Redelegations of Authority to
United States Attorneys, Deputy Assistant Attorneys General,
Section Chiefs, and Director, Asset Forfeiture Office, in the
Criminal Division
By virtue of the authority vested in me by part 0 of title 28 of
the Code of Federal Regulations, as amended, particularly §§ 0.160,
0.162, 0.164, 0.168 and 0.171, it is hereby ordered as follows:
(a)(1) Each U.S. Attorney is authorized in cases delegated to
the Assistant Attorney General of the Criminal Division -
(A) To accept or reject offers in compromise of -
(i) Claims in behalf of the United States in all cases (other
than forfeiture cases) in which the original claim did not exceed
$500,000, and in all cases in which the original claim was between
$500,000 and $5,000,000, so long as the difference between the
gross amount of the original claim and the proposed settlement does
not exceed 15 percent of the original claim; and in all civil or
criminal forfeiture cases, except that the U.S. Attorney shall
consult with the Asset Forfeiture Office of the Criminal Division
before accepting offers in compromise or plea offers in forfeiture
cases in which the orignial claim was $5,000,000 or more, and in
forfeiture cases in which the original claim was between $500,000
and $5,000,000, when the difference between the gross amount of the
original forfeiture sought and the proposed settlement exceeds 15
percent of the original claim; and
(ii) 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 $500,000; and
(B) To close (other than by compromise or entry of judgment)
claims asserted by the United States in all cases (other than
forfeiture cases) in which the gross amount of the original claim
does not exceed $500,000, and in all civil or criminal forfeiture
cases, except that the U.S. Attorney shall consult with the Asset
Forfeiture Office of the Criminal Division before closing a
forfeiture case in which the gross amount of the original
forfeiture sought is $500,000 or more.
(2) This subsection does not apply -
(A) When, for any reason, the compromise or closing of a
particular claim (other than a forfeiture case) will, as a
practical matter, control or adversely influence the disposition of
other claims, which, when added to the claim in question, total
more than the respective amounts designated above;
(B) When the U.S. Attorney is of the opinion that because of a
question of law or policy presented, or for any other reason, the
matter should receive the personal attention of the Assistant
Attorney General;
(C) When a settlement converts into a mandatory duty the
otherwise discretionary authority of an agency or department to
revise, amend, or promulgate regulations;
(D) When a settlement commits a department or agency to expend
funds that Congress has not appropriated and that have not been
budgeted for the action in question, or commits a department or
agency to seek a particular appropriation or budget authorization;
or
(E) When a settlement limits the discretion of a Secretary or
agency administrator to make policy or managerial decisions
committed to the Secretary or agency administrator by Congress or
by the Constitution.
(b) Notwithstanding the provisions of this Order, the Assistant
Attorney General of the Criminal Division may delegate to U.S.
Attorneys authority to compromise or close other cases, including
those involving amounts greater than as set forth in paragraph (a)
above, and up to the maximum limit of his authority, where the
circumstances warrant such delegation.
(c) All other authority delegated to me by §§ 0.160, 0.162,
0.164 and 0.171 of title 28 of the Code of Federal Regulations not
falling within the limitations of paragraph (a) of this Order is
hereby redelegated to Section Chiefs in the Criminal Division,
except that -
(1) The authority delegated to me by §§ 0.160, 0.162, 0.164 and
0.171 of that title relating to conducting, handling, or
supervising civil and criminal forfeiture litigation (other than
bail bond forfeiture), including acceptance or denial of petitions
for remission or mitigation of forfeiture, is hereby redelegated to
the Director of the Asset Forfeiture Office; and
(2) When a Section Chief or the Director of the Asset Forfeiture
Office is of the opinion that because of a question of law or
policy presented, or for any other reason, a matter described in
paragraph (c) should receive the personal attention of a Deputy
Assistant Attorney General or Assistant Attorney General, he shall
refer the matter to the appropriate Deputy Assistant Attorney
General or to the Assistant Attorney General.
(d) Notwithstanding any of the above redelegations, when the
agency or agencies involved have objected in writing to the
proposed closing or dismissal of a case, or to the acceptance or
rejection of an offer in compromise, any such unresolved objection
shall be referred to the Assistant Attorney General for
resolution.
Environment and Natural Resources Division [Directive No. 7-76]
Redelegation Of Authority To Initiate And To Compromise Environment
and Natural Resources Division Cases
This directive supersedes Land and Natural Resources Memorandum
No. 388 (appendix to subpart Y) and Directives Nos. 4-72 and 5-72.
By virtue of the authority vested in me by part 0 of title 28 of
the Code of Federal Regulations, and particularly §§ 0.65, 0.160,
0.162, 0.164, 0.166, and 0.168 thereof, I hereby redelegate to the
Deputy Assistant Attorney General, certain Section Chiefs, and to
the United States Attorneys, the following authority to act in
connection with, and to compromise, Environment and Natural
Resources Division cases:
Section I - Authority To Initiate Cases
A. Delegation to United States Attorneys - 1. Land
Cases. United States Attorneys are hereby authorized to act in
matters concerning real property of the United States, including
tribal and restricted individual Indian land, not involving new or
unusual questions or questions of title or water rights, on behalf
of any other department or agency in response to a direct request
in writing from an authorized field officer of the department or
agency concerned, without prior authorization from the Environment
and Natural Resources Division, in the following-described
cases:
(a) Actions to recover possession of property from tenants,
squatters, trespassers, or others, and actions to enjoin trespasses
on Federal property;
(b) Actions to recover damages resulting from trespasses when
the amount of the claim for actual damage based upon an innocent
trespass does not exceed $200,000 (The United States Attorneys may
seek recovery of amounts exceeding $200,000 (i) if the actual
damages are $200,000 or less and State statutes permit the recovery
of multiple damages, e.g., double or treble, for either a willful
or an innocent trespass; or (ii) if the actual damages are $200,000
or less, but the action is for conversion to obtain recovery of the
enhanced value of property severed and removed in the
trespass);
(c) Actions to collect delinquent rentals or damages for use and
occupancy of not more than $200,000;
(d) Actions to collect costs of forest fire suppression and
other damages resulting from such fires if the total claim does not
exceed $200,000;
(e) Actions to collect delinquent operation and maintenance
charges accruing on Indian irrigation projects and federal
reclamation projects of not more than $200,000; and
(f) Actions to collect loans of money or livestock made by the
United States to individual Indians without limitation on amount,
including loans made by Indian tribal organizations to individual
Indians if the loan agreements, notes and securities have been
assigned by the tribal organizations to the United States.
2. Environmental cases. Pursuant to paragraph 10 of the
memorandum of understanding between the Department of Justice and
the Environmental Protection Agency (42 FR 48942) with respect to
the handling of litigation to which the Environmental Protection
Agency is a party, all requests of the Environmental Protection
Agency for litigation must be submitted by the Agency through its
General Counsel or its Assistant Administrator for Enforcement to
the Assistant Attorney General, except that matters requiring an
immediate temporary restraining order may be submitted by regional
Administrators of the Environmental Protection Agency
simultaneously to a U.S. Attorney and the Assistant Attorney
General. Consequently, except for matters requiring an immediate
temporary restraining order, U.S. Attorneys are not authorized to
accept on a direct reference basis any matters or cases originating
in any office of the Environmental Protection Agency.
U.S. Attorneys are authorized to act, without prior
authorization from the Environment and Natural Resources Division,
on behalf of Federal departments or agencies other than the
Environmental Protection Agency, in response to a direct request in
writing from an authorized field officer of the department or
agency concerned, in the following environmental cases:
(a) Civil or criminal actions involving the filling or the
deposit of dredged or fill material upon, or the alteration of the
channels of, the waters of the United States, in violation of
section 10 of the River and Harbor Act of March 3, 1899 (33 U.S.C.
403), or of section 404 of the Federal Water Pollution Control Act
Amendments of 1972 (33 U.S.C. 1344), or of both statutes;
(b) Civil or criminal actions involving the discharge of refuse
into the navigable waters of the United States, and, in certain
cases, their tributaries, in violation of section 13 of the Act of
March 3, 1899 (33 U.S.C. 407), except for
(i) In rem actions against vessels, which actions shall continue
to be handled in the manner set forth in departmental memorandums
374 and 376, dated June 3, 1964, and shall continue to be under the
jurisdiction of the Civil Division; and
(ii) Criminal actions involving the discharge either of oil or
of hazardous substances, for which discharge a government agency
either has imposed a civil penalty pursuant to section 311(b)(6) of
the Federal Water Pollution Control Act Amendments of 1972 (33
U.S.C. 1321(b)(6)), or has under consideration the imposition of
such a penalty.
3. Notification to Division of Direct Referral. In each
case referred to the United States Attorneys pursuant to the
authority set forth in Subparagraphs 1 and 2 above, the United
States Attorney shall, prior to taking action, assure that a copy
of the authorized field officer's written request has been
forwarded to the Assistant Attorney General, Environment and
Natural Resources Division, Department of Justice, Washington, DC,
20530.
Section II - Authority To Compromise, Dismiss, or Close Cases
A. Delegation to Deputy Assistant Attorney General.
Subject to the limitations imposed by Paragraph D of this Section,
the Deputy Assistant Attorney General in the Environment and
Natural Resources Division is hereby authorized, with respect to
matters assigned to the Environment and Natural Resources Division,
to accept or reject offers in compromise of claims against the
United States in which the amount of the proposed settlement does
not exceed $500,000, and of claims in behalf of the United States
in which the gross amount of the original claim does not exceed
$500,000.
B. Delegation to Section Chiefs. Subject to the
limitations imposed by Paragraph D of this Section, the Chiefs of
the Land Acquisition, Indian Claims, Pollution Control, Indian
Resources, and General Litigation Sections of the Environment and
Natural Resources Division are hereby authorized, with respect to
matters assigned to their respective sections, to accept or reject
offers in compromise of claims against the United States in which
the amount of the proposed settlement does not exceed $300,000, and
of claims in behalf of the United States in which the gross amount
of the original claim does not exceed $300,000.
C. Delegations to United States Attorneys - 1.
Compromise of land cases. Subject to the limitations imposed
by paragraph D of this section, U.S. Attorneys are authorized,
without the prior approval of the Environment and Natural Resources
Division, to accept or reject offers in compromise in the direct
referral land cases listed in subparagraph A-1 of section I, and in
claims against the United States in which the amount of the
proposed settlement does not exceed $200,000, if the authorized
field officer of the interested agency concurs in writing, except
that where the United States is a plaintiff, a U.S. Attorney may
accept an offer without the concurrence of the field officer if the
acceptance is based solely upon the financial circumstances of the
debtor.
2. Compromise of environmental cases. Prior delegations
of authority to the U.S. Attorneys to settle any type of case in
which the Department of Justice represents the Environmental
Protection Agency, or the Administrator or any other official of
that Agency, are hereby revoked; all offers in compromise of such
cases shall be submitted to the Assistant Attorney General of the
Environment and Natural Resources Division, for appropriate
action.
3. Compromise of Condemnation Cases. (a) Subject to the
limitations imposed in Paragraph D of this section, United States
Attorneys are hereby authorized, without the prior approval of the
Environment and Natural Resources Division, to accept or reject
offers in compromise of claims against the United States for just
compensation in condemnation proceedings in any case in which
(i) The gross amount of the proposed settlement does not exceed
$100,000; and
(ii) The settlement is approved in writing (the written approval
to be retained in the file of the United States Attorney concerned)
by the authorized field representative of the acquiring agency if
the amount of the settlement exceeds the amount deposited with the
declaration of taking as to the particular tract of land involved;
and
(iii) The amount of the settlement is compatible with the sound
appraisal, or appraisals, upon which the United States would rely
as evidence in the event of trial, due regard being had for
probable minimum trial costs and risks; and
(iv) The case does not involve the revestment of any land or
improvements or any interest, or interests, in land under the Act
of October 21, 1942, 56 Stat. 797 (40 U.S.C. 258f). 3(b). When a
United States Attorney has settled a condemnation proceeding under
the authority conferred upon him by the foregoing subparagraph, he
shall promptly secure the entry of judgment and distribution of the
award, and shall take all other steps necessary to dispose of the
matter completely. The United States Attorney concerned shall also
immediately forward to the Department a report, in the form of a
letter or memorandum, bearing his signature or showing his personal
approval, stating the action taken and containing an adequate
statement of the reasons therefor. In routine cases, a form,
containing the minimum elements of the required report, may be used
in lieu of a letter or memorandum. In any case, special care shall
be taken to see that the report contains a statement as to what the
valuation testimony of the United States would have been if the
case had been tried.
4. Closing or Dismissal of Matters and Cases. Subject to
the limitations imposed in Paragraph D of this section, a direct
referral matter described in Section I may be closed without action
by the United States Attorney or, if filed in court, may be
dismissed by him, if the field officer of the interested agency
concurs in writing that it is without merit legally or factually.
Except for claims on behalf of Indians or Indian tribes, the United
States Attorney may close a claim without consulting the field
officer of the interested agency if the claim is for money only and
if he concludes (a) that the cost of collection under the
circumstances would exceed the amount of the claim, or (b) that the
claim is uncollectible. With respect to claims asserted by the
United States on behalf of individual Indians or Indian tribes, the
United States Attorney may close a claim without consulting the
field officer of the interested agency if the claim is for money
only and if he concludes that the claim is uncollectible; claims on
behalf of Indian individuals and tribes may not be closed merely
because the cost of collection might exceed the amount of the
claim.
D. Limitations on delegations. The authority to
compromise, close or dismiss cases delegated by Paragraphs A, B and
C of this section may not be exercised when,
(a) 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 above;
(b) Because a novel question of law or a question of policy is
presented, or for any other reason, the offer should, in the
opinion of the officer or employee concerned, receive the personal
attention of the Assistant Attorney General in charge of the
Environment and Natural Resources Division; and
(c) The agency or agencies involved are opposed to the proposed
closing or dismissal of a case, or acceptance or rejection of the
offer in compromise.
If any of the conditions listed above exist, the matter shall be
submitted for resolution to the Assistant Attorney General in
charge of the Environment and Natural Resources Division.
Effective date of this directive. This Directive shall be
effective on December 8, 1976.
[Directive No. 90-50] Redelegation of Authority To Initiate and To
Compromise Environment and Natural Resources Division Cases
Pursuant to the authority vested in me by title 28 of the Code
of Federal Regulations, and particularly §§ 0.65, 0.65(a), 0.160,
0.162, 0.164, 0.166, 0.168 and 50.7 thereof, I hereby redelegate to
the Section Chief of the Environmental Enforcement Section, the
following authority to initiate and to compromise Environment and
Natural Resources Division cases and to approve Federal Register
Notices describing settlements of actions to enjoin discharges of
pollutants into the environment.
Authority To Initiate Cases
The Section Chief of the Environmental Enforcement Section is
hereby authorized to initiate civil actions on behalf of any other
department or agency in response to a written request from an
authorized official of the department or agency concerned, under
the following environmental statutes:
1. Cases under section 14 of the Federal Insecticide, Fungicide,
and Rodenticide Act, 7 U.S.C. 136l(a), section 16 of the
Toxic Substances Control Act, 15 U.S.C. 2615(a) and section
309(g)(9) of the Clean Water Act, 33 U.S.C. 309(g)(9), for
collection of civil penalties previously assessed by the
Environmental Protection Agency in a formal administrative
proceeding.
2. Cases under sections 112 and 113 of the Clean Air Act, 42
U.S.C. 7412 and 7413 for violations of the national emission
standards for asbestos hazardous air pollutants.
3. Cases under section 311 of the Clean Water Act, 33 U.S.C.
1321, for recovery of costs expended by the United States' to
remove oil or hazardous substances discharged into or upon the
navigable waters of the United States, adjoining shorelines, or
into or upon the waters of the contiguous zone where such costs do
not exceed $1 million, exclusive of interest.
4. Cases under section 104(e) of the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. 9604(e) to
enforce requests for access to information, entry and/or inspection
and samples.
5. Cases under section 107 of the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. 9607, for
recovery of costs of removal or remedial action incurred by the
United States where such costs do not exceed $1 million, exclusive
of interest.
Any case initiation under paragraphs 1-5 above, should be
referred to the Assistant Attorney General, Environment and Natural
Resources Division, for approval, whenever the Section Chief of the
Environmental Enforcement Section is of the opinion that because of
a question of law or policy presented, or for any other reason, the
matter should receive the attention of the Assistant Attorney
General, Environment and Natural Resources Division.
Authority To Compromise Cases
The Section Chief of the Environmental Enforcement Section is
hereby authorized to compromise civil claims on behalf of the
United States under the following environmental statutes:
1. Cases under section 14 of the Federal Insecticide, Fungicide,
and Rodenticide Act, 7 U.S.C. 1361(a), section 16 of the
Toxic Substances Control Act, 15 U.S.C. 2615(a) and section
309(g)(9) of the Clean Water Act, 33 U.S.C. 309(g)(9), for
collection of civil penalties previously assessed by the
Environmental Protection Agency in a formal administrative
proceeding.
2. Cases under sections 112 and 113 of the Clean Air Act, 42
U.S.C. 7412 and 7413 for violations of the national emission
standards for asbestos hazardous air pollutants.
3. Cases under the Safe Drinking Water Act, 42 U.S.C. 300(f)
et seq., the Resource Conservation and Recovery Act, 42
U.S.C. 6901 et seq., the Clean Air Act, 42 U.S.C. 7401 et
seq., the Clean Water Act, 33 U.S.C. 1251 et seq., the
Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136
et seq., and the Toxic Substances Control Act, 15 U.S.C.
2601 et seq., where the amount of the civil penalty to be
paid to the United States does not exceed $100,000.
4. Cases under section 311 of the Clean Water Act, 33 U.S.C.
1321, for recovery of costs expended by the United States to remove
oil or hazardous substances discharged into or upon the navigable
waters of the United States, adjoining shorelines, or into or upon
the waters of the contiguous zone, where such costs do not exceed
$1 million, exclusive of interest, and the difference between the
United States' claim and the proposed settlement does not exceed
$500,000.
5. Cases under section 104(e) of the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. 9604(e), to
enforce requests for access to information, entry and/or inspection
and samples.
6. Cases under section 107 of the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.C. 9607, for
recovery of costs of removal or remedial action incurred by the
United States, where such costs do not exceed $1 million, exclusive
of interest, and the difference between the United States' claim
and the proposed settlement does not exceed $500,000.
Any settlement under paragraphs 4 and 6 above, regardless of the
amount or circumstances, should be referred to the Assistant
Attorney General, Environment and Natural Resources Division, 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 $500,000. In
addition, any settlement under paragraphs 1-6 above should be
referred to the Assistant Attorney General, Environment and Natural
Resources Division, whenever the Section Chief of the Environmental
Enforcement Section 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
Assistant Attorney General, Environment and Natural Resources
Division.
Authority To Approve Federal Register Notices
The Section Chief of the Environmental Enforcement Section is
hereby authorized to approve all Federal Register Notices under 28
CFR 50.7 and to transmit those notices to the Assistant Attorney
General, Office of Legal Counsel, for publication.
Authority of Persons Acting in the Capacity of the Section Chief,
Environmental Enforcement Section
In the event that another person is acting in the capacity of
the Section Chief, Environmental Enforcement Section, that person
will have the authority to initiate and to compromise cases under
these delegations only if specifically authorized in writing by the
Assistant Attorney General, Environment and Natural Resources
Division.
Date of Delegations
This Directive shall be effective December 24, 1990, and the
United States Attorneys' Manual will be revised accordingly.
[Directive 1-86]
Pursuant to the authority vested in me under 28 CFR § 16.4(b)
and § 16.42(b), I delegate to the Deputy Assistant Attorney General
who supervises the Policy, Legislation and Special Litigation
Section, or to whoever is acting in that capacity, the authority to
grant to deny any request for a record of the Environment and
Natural Resources Division made pursuant to the Freedom of
Information Act, 5 U.S.C. 552, or the Privacy Act of 1974, 5 U.S.C.
552a.
Effective Date: January 9, 1986.
[Directive 6-85] Delegation of Authority to Chief, Land Acquisition
Section, To Stipulate or Agree in Behalf of the United States To
Exclude Property Taken on Behalf of the United States by
Declaration of Taking or Otherwise
Section 258f of the Declaration of Taking Act, 40 U.S.C. 258a,
et seq., contains the following provision:
In any condemnation proceeding instituted by or on behalf of the
United States, the Attorney General is authorized to stipulate or
agree in behalf of the United States to exclude any property or any
part thereof, or any interest therein, that may have been, or may
be, taken by or on behalf of the United States by declaration of
taking or otherwise.
The foregoing authority has been delegated to the Assistant
Attorney General, Environment and Natural Resources Division, by
the Attorney General, chapter I, part O, subpart M, §§ 0.65 and
0.160(a)(2), title 28, Code of Federal Regulations.
In view of the frequency of agency requests that this office
stipulate or agree to exclude property or parts of property taken
by declaration of taking or otherwise, and in the interest of
efficient administration of the duties and responsibilities of this
office, I hereby make the following limited delegation of authority
to stipulate or agree to such exclusions (revestments).
The Chief, Land Acquisition Section, is authorized to stipulate
or agree in behalf of the United States to exclude (revest) any
property or any part thereof, or any interest therein, that may
have been, or may be taken by or on behalf of the United States by
declaration of taking or otherwise, when:
1. The exclusion (revestment) has been requested or approved in
writing by a duly authorized officer of the agency for which the
property was taken; and
2. In the case of a partial exclusion (revestment) in connection
with an overall settlement of the case, the combined amount of the
monetary payment of compensation and the government's appraised
value of the land to be excluded (revested) does not exceed the
monetary limitation on the Section Chief's settlement authority;
or
3. In the case of an exclusion (revestment) that is not part of
an overall settlement of the case, the government's appraised value
of the land to be excluded (revested) together with any payment of
compensation for possession and/or litigation expenses do not
exceed the monetary limitations of the Section Chief's settlement
authority.
Provided that the delegation of settlement authority shall not
extend to any revestment which raises precedential questions or
policy issues. In such instances, the decision on whether to
stipulate or agree to exclusions of property shall remain with the
Assistant Attorney General of the Environment and Natural Resources
Division.
Effective Date: February 4, 1985.
[Directive 6-83]
By virtue of the authority vested in me by part 0 of title 28,
Code of Federal Regulations § 0.65, the Section Chief of the
Wildlife and Marine Resources Section is now authorized to rule
upon petitions for remission or mitigation of civil or criminal
forfeitures filed with the Attorney General pursuant to the
Endangered Species Act of 1973 (16 U.S.C. 1531-1543); the Lacey Act
and related provisions (18 U.S.C. 41-44, 47); the Airborne Hunting
Act (16 U.S.C. 742j-1); the Migratory Bird Act (16 U.S.C. 701,
et seq.); the Bald and Golden Eagle Protection Act (16
U.S.C. 668-668d); the Fish and Wildlife Coordination Act (16 U.S.C.
661 et seq.); the National Wildlife Refuge System
Administration Act (16 U.S.C. 668dd, 668ee); the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.);
the Tuna Conventions Act (16 U.S.C. 951 et seq.); the Marine
Mammal Protection Act (16 U.S.C. 1361 et seq.,) the Sockeye
Salmon or Pink Salmon Fishing Act (16 U.S.C. 776 et seq.);
the Protection of Sea Otters on the High Seas Act (16 U.S.C. 1171
et seq.); the Northern Pacific Halibut Act (16 U.S.C. 772
et seq.); and the North Pacific Fisheries Act (16 U.S.C.
1021 et seq.).
The Section Chief of the Wildlife and Marine Resources Section
shall base his decision upon a review of all the pertinent facts
including the petition for remission or mitigation, the report and
recommendation of the appropriate United States Attorney, the
report of the seizing law enforcement agency, and the report
prepared within the Section.
Following the adverse decision a petitioner may request the
Assistant Attorney General for the Environment and Natural
Resources Division to review the decision of the Section Chief.
The above directive shall be effective immediately and shall be
the interim procedure in effect until promulgation of regulations
by the Department of Justice which address the remission and
mitigation process in the Environment and Natural Resources
Division.
Effective Date: April 12, 1983.
[Directive 6-81]
This directive establishes the Division's policy of notice to
appropriate state officials of action against states. The Chief of
each section in the Environment and Natural Resources Division
shall:
1. Insure that each attorney in his or her respective section
reads, becomes familiar with, and complies with this directive.
2. In each suit or claim brought against state government,
agencies, and entities;
(a) Satisfy the Deputy Assistant Attorney General to whom the
section reports of compliance with this directive,
(b) Before such suit or claim is brought, advise the Attorney
General and governor of any affected state as to the nature of the
contemplated action and the terms of the remedy sought and
(c) Place a memorandum in the file of the case of matter,
indicating compliance with this directive.
Such prior notice may:
(1) Result in settlement of the action in advance of its filing
on terms acceptable to the United States,
(2) Permit the state to bring to our attention facts or issues
that may change our outlook on the action, or
(3) Permit the State Attorney General and the Governor to
respond knowledgeably to inquires from local officials and the
media when the action is commenced.
Because the actual situation covered by this directive may vary
from section to section, no single detailed procedure can be
established but common sense should prevail. To that end, the state
through its Attorney General and Governor should get fair warning
and an opportunity to resolve the litigation. The notice should be
given sufficiently in advance of the contemplated action to allow
state officials to respond.
Where a Section Chief believes he has good cause to seek an
exception from the terms of this directive he should discuss the
matter with the Deputy Assistant Attorney General to whom he or she
reports.
Effective Date: April 27, 1981.
Tax Division [Directive No. 83]
By virtue of the authority vested in me by part 0 of title 28 of
the Code of Federal Regulations, particularly sections 0.70, 0.160,
0.162, 0.164, 0.166, and 0.168, it is hereby ordered as
follows:
Section 1. The U.S. Attorney for each district in which is
located real property, which is subject to a right of redemption of
the United States in respect of Federal tax liens, arising under
section 2410(c) of title 28 of the United States Code, or under
State law when the United States has been joined as a party to a
suit, is authorized to release the right of redemption, subject to
the following limitations and conditions -
(1) This redelegation of authority relates only to real property
on which is located only one single-family residence, and to all
other real property having a fair market value not exceeding
$200,000. That limitation as to value or use shall not apply in
those cases in which the release is requested by the Department of
Veterans Affairs or any other Federal agency.
(2) The consideration paid for the release must be equal to the
value of the right of redemption, or fifty dollars ($50), whichever
is greater. However, no consideration shall be required for
releases issued to the Department of Veterans Affairs or any other
Federal agency.
(3) The following described documents must be placed in the U.S.
Attorney's file in each case in which a release is issued -
(A) Appraisals by two disinterested and well-qualified persons.
In those cases in which the applicant is a Federal agency, the
appraisal of that agency may be substituted for the two appraisals
generally required.
(B) Such other information and documents as the Tax Division may
prescribe.
Section 2. This directive supersedes Tax Division Directive No.
55, effective May 7, 1986.
Section 3. This directive shall become effective on the date of
its publication in the Federal Register.
[Tax Division Directive No. 139]
By virtue of the authority vested in me by Part 0 of Title 28 of
the Code of Federal Regulations, particularly Sections 0.70, 0.160,
0.162, 0.164, 0.166, and 0.168, it is hereby ordered as
follows:
Section 1. The Chiefs of the Civil Trial Sections, the Court of
Federal Claims Section, and the Appellate Section are authorized to
reject offers in compromise, regardless of amount, provided that
such action is not opposed by the agency or agencies involved.
Section 2. Subject to the conditions and limitations set forth
in Section 11 hereof, the Chiefs of the Civil Trial Sections and
the Court of Federal Claims Section are authorized to:
(A) Accept offers in compromise in, settle administratively, and
close (other than by compromise or by entry of judgment), all civil
cases in which the amount of the Government's concession, exclusive
of statutory interest, does not exceed $500,000;
(B) Accept offers in compromise in injunction or declaratory
judgment suits against the United States in which the principal
amount of the related liability, if any, does not exceed $500,000;
and
(C) Accept offers in compromise in all other nonmonetary
cases;
provided that such action is not opposed by the agency or agencies
involved, and provided further that the proposed compromise or
concession is not subject to reference to the Joint Committee on
Taxation.
Section 3. The Chiefs of the Civil Trial Sections and the Court
of Federal Claims Section are authorized on a case-by-case basis to
redelegate in writing to their respective Assistant Section Chiefs
or Reviewers the authority delegated to them in Section 1 hereof to
reject offers, and in Section 2 hereof, to accept offers in
compromise in, settle administratively, and close (other than by
compromise or by entry of judgment), all civil cases in which the
amount of the Government's concession, exclusive of statutory
interest, does not exceed $250,000; provided that such redelegation
is not made to the attorney-of-record in the case. Redelegations
pursuant to this section shall be by memorandum signed by the
Section Chief, which shall be placed in the Department of Justice
file for the applicable case.
Section 4. Subject to the conditions and limitations set forth
in Section 11 hereof, the Chief of the Appellate Section is
authorized to:
(A) Accept offers in compromise with reference to litigating
hazards of the issue(s) on appeal in all civil cases (other than
claims for attorneys' fees, litigation expenses and court costs) in
which the amount of the Government's concession, exclusive of
statutory interest, does not exceed $500,000;
(B) Accept offers in compromise in injunction [see sec. 2(B)] or
declaratory judgment suits against the United States in which the
principal amount of the related liability, if any, does not exceed
$500,000;
(C) Accept offers in compromise in, or settle administratively,
all civil claims for attorneys' fees, litigation expenses and court
costs in which the aggregate amount of the Government's concession
on these claims does not exceed $200,000, and in which the
aggregate amount of the Government's concession in the case,
exclusive of statutory interest, does not exceed $500,000; and
(D) Accept offers in compromise in all other nonmonetary cases
which do not involve issues concerning collectibility;
provided that (i) such acceptance is not opposed by the agency or
agencies involved or the chief of the section in which the case
originated, and (ii) the proposed compromise is not subject to
reference to the Joint Committee on Taxation.
Section 5. The Chief of the Appellate Section is authorized on a
case-by case basis to redelegate in writing to the Appellate
Section's Assistant Section Chiefs the authority delegated to the
Chief of the Appellate Section in Section 1 hereof to reject
offers, and in Section 4 hereof, to:
(A) Accept offers in compromise with reference to litigation
hazards of the issue(s) on appeal in all civil cases (other than
claims for attorneys' fees, litigation expenses and court costs) in
which the amount of the Government's concession, exclusive of
statutory interest, does not exceed $250,000; and
(B) Accept offers in compromise in, or settle administratively,
all civil claims for attorneys' fees, litigation expenses and court
costs in which the aggregate amount of the Government's concession
on these claims does not exceed $100,000, and in which the
aggregate amount of the Government's concession in the case,
exclusive of statutory interest, does not exceed $250,000;
provided that such redelegation is not made to the
attorney-of-record in the case. The redelegations pursuant to this
section shall be by memorandum signed by the Chief of the Appellate
Section, which shall be placed in the Department of Justice file
for the applicable case.
Section 6. Subject to the conditions and limitations set forth
in Section 11 hereof, the Chief of the Office of Review is
authorized to:
(A) Accept offers in compromise and settle administratively
claims against the United States in all civil cases in which the
amount of the Government's concession, exclusive of statutory
interest, does not exceed $1,500,000; and
(B) Accept offers in compromise and close (other than by
compromise or by entry of judgment), claims by the United States in
all civil cases in which the difference between the gross amount of
the original claim and the proposed settlement does not exceed
$1,500,000 or 15 percent of the original claim, whichever is
greater;
(C) Accept offers in compromises in all nonmonetary cases;
and
(D) Reject offers in compromise or disapprove concessions,
regardless of amount;
provided that such action is not opposed by the agency or agencies
involved or the chief of the section to which the case is assigned,
and provided further that the proposed compromise or concession is
not subject to reference to the Joint Committee on Taxation.
Section 7. The Chief, Office of Review, is authorized on a
case-by-case basis to redelegate in writing to the office's
Assistant Section Chief or Reviewer the authority delegated to the
Chief, Office of Review in Section 6 hereof to reject offers, and
in Section 6 hereof, to accept offers in compromise in, settle
administratively, and close (other than by compromise or by entry
of judgment), all civil cases in which the amount of the
Government's concession, exclusive of statutory interest, does not
exceed $750,000; provided that such redelegation is not made to the
attorney-of-record in the case. The redelegations pursuant to this
section shall be made by memorandum signed by the Section Chief,
which shall be placed in the Department of Justice file for the
applicable case.
Section 8. Subject to the conditions and limitations set forth
in Section 11 hereof, each of the Deputy Assistant Attorneys
General is authorized to:
(A) Accept offers in compromise and settle administratively
claims against the United States in all civil cases in which the
amount of the Government's concession, exclusive of statutory
interest, does not exceed $2,000,000;
(B) Accept offers in compromise and close (other than by
compromise or by entry of judgment), claims by the United States in
all civil cases in which the difference between the gross amount of
the original claim and the proposed settlement does not exceed
$2,000,000 or 15 percent of the original claim, whichever is
greater;
(C) Accept offers in compromise in all nonmonetary cases;
and
(D) Reject offers in compromise or disapprove concessions,
regardless of amount;
provided that such action is not opposed by the agency or agencies
involved and the proposed compromise or concession is not subject
to reference to the Joint Committee on Taxation.
Section 9. In addition to the actions authorized by Section 8
hereof, and subject to the conditions and limitations set forth in
Section 10 hereof, a Principal Deputy Assistant Attorney General is
authorized to:
(A) Accept offers in compromise and settle administratively
claims against the United States in all civil cases, regardless of
amount in all cases in which the Joint Committee on Taxation has
indicated that it has no adverse criticism of the proposed
settlement, provided that such action is not opposed by the agency
or agencies involved.
(B) Consistent with, and subject to the limitations of, 28 CFR
0.168, and in the absence of an Assistant Attorney General,
redelegate authority under this Directive to subordinate division
officials and United States Attorneys.
Section 10. Subject to the conditions and limitations set forth
in Section 11 hereof, United States Attorneys are authorized
to:
(A) Reject offers in compromise of judgments in favor of the
United States, regardless of the amount;
(B) Accept offers in compromise of judgments in favor of the
United States where the amount of the judgment does not exceed
$300,000; and
(C) Terminate collection activity by his or her office as to
judgments in favor of the United States which do not exceed
$300,000 if the United States Attorney concludes that the judgment
is uncollectible;
provided that such action has the concurrence in writing of the
agency or agencies involved, provided further that this
authorization extends only to judgments which have been formally
referred to the United States Attorney for collection.
Section 11. The authority redelegated herein shall be subject to
the following conditions and limitations;
(A) When, for any reason, the compromise or concession 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 Sections 2, 3, 4, 5, 6, 7, 8, 9,
and 10 hereof, the case shall be forwarded for review at the
appropriate level for the cumulative amount of the affected
claims;
(B) When, because of the importance of a question of law or
policy presented, the position taken by the agency or agencies or
by the United States Attorney involved, or any other
considerations, the person otherwise authorized herein to take
final action is of the opinion that the proposed disposition should
be reviewed at a higher level, the case shall be forwarded for such
review;
(C) If the Department has previously submitted a case to the
Joint Committee on Taxation leaving one or more issues unresolved,
any subsequent compromise or concession in that case must be
submitted to the Joint Committee, whether or not the overpayment
exceeds the amount specified in Section 6405 of the Internal
Revenue Code;
(D) Nothing in this Directive shall be construed as altering any
provision of Subpart Y of Part 0 of Title 28 of the Code of Federal
Regulations requiring the submission of certain cases to the
Attorney General, the Associate Attorney General, or the Solicitor
General;
(E) Authority to approve recommendations that the Government
confess error in or to concede cases on appeal is excepted from the
foregoing redelegations; and
(F) The Assistant Attorney General, at any time, may withdraw
any authority delegated by this Directive as it relates to any
particular case or category of cases, or to any part thereof.
Section 12. With respect to a claim by the United States (also
sometimes referred to as a claim on behalf of the United States),
the term “offer in compromise” as used in this Directive is any
settlement of such a claim, except settlements in which the United
States would receive nothing or virtually nothing in exchange for
giving up its claim; and the term “to close (other than by
compromise or entry of judgment),” refers to a settlement under
which the United States would receive nothing, or virtually nothing
in exchange for giving up its claim.
Section 13. For a claim against the United States, the term
“offer in compromise” as used in this Directive is any settlement
of such a claim, except settlements in which the United States
would receive nothing, or virtually nothing, in exchange for
conceding the claim against it; and the term to “settle
administratively,” means a settlement in which the United States
would receive nothing, or virtually nothing, for conceding the
claim against it.
Section 14. This Directive supersedes Tax Division Directive No.
135, which was effective November 21, 2007.
Section 15. This Directive shall become effective on March 21,
2011.
Attorney General Order No. 1147-86
By virtue of the authority vested in the Attorney General by 18
U.S.C. 2254, the Attorney General hereby designates the Postal
Service with the authority to conduct civil forfeitures under
section 2254 of the Protection of Children Against Sexual
Exploitation Act, as amended by the Child Protection of 1984, 18
U.S.C. 2251-2255.
In utilizing the authority hereby granted, all rules,
regulations, and procedures of the Federal Bureau of Investigation
relating to the aforementioned Act must be followed, including the
Federal Bureau of Investigation's Manual of Investigative
Operations and Guidelines.
The authority hereby granted to enforce section 2254 of the
Protection of Children Against Sexual Exploitation Act, as amended
by the Child Protection Act of 1984, is subject to the direction of
the Attorney General.
[34 FR 20388, Dec. 31, 1969] Editorial Note:For Federal Register
citations affecting the appendix, see the List of CFR Sections
Affected, which appears in the Finding Aids section of the printed
volume and at
www.govinfo.gov.