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DOJ Directive 1-10

DOJ Directive 1-10

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Published by kschulzke
Directive 1-10 contains a variety of policy updates including the delegation to U.S. attorneys offices of the AG's CID powers.
Directive 1-10 contains a variety of policy updates including the delegation to U.S. attorneys offices of the AG's CID powers.

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Published by: kschulzke on Jul 22, 2010
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Billing Code: 4410-12
DEPARTMENT OF JUSTICE28 CFR Part 0[Directive No. 1-10]Redelegation of Authority of Assistant Attorney General, Civil Division, to BranchDirectors, Heads of Offices and United States Attorneys in Civil Division CasesAGENCY
: Office of the Assistant Attorney General, Civil Division, Department of Justice.
Final rule.
This final rule amends Civil Directive 14-95, published in the Appendix toSubpart Y of Part 0, which sets forth the redelegation of authority by the Assistant AttorneyGeneral of the Civil Division to branch directors, heads of offices, and United States Attorneys.On May 20, 2009, the President signed the Fraud Enforcement and Recovery Act (FERA), whichauthorized the Attorney General to delegate his authority to issue civil investigative demands(CIDs). As a result, the Attorney General signed Order No. 3134-2010 (Jan. 15, 2010)delegating to the Assistant Attorney General for the Civil Division the Attorney General’sauthority to issue CIDs, and permitting that authority to be redelegated to other Departmentofficials, including United States Attorneys. Pursuant to FERA and the Attorney General’sorder, the new rule would redelegate the authority of the Assistant Attorney General for the CivilDivision to issue CIDs in monitored and delegated cases to United States Attorneys, with anotice and reporting requirement. The new rule also eliminates certain differences between theauthorities of branch directors and United States Attorneys to file, close, or compromise Civil
 2Division cases, revise the documentation requirements in cases delegated to the latter, and makea few “housekeeping” revisions.
: DATES: This rule is effective [INSERT DATE OF PUBLICATION INTHE FEDERAL REGISTER] and is applicable beginning March 8, 2010
Joyce R. Branda, Director, CommercialLitigation Branch, Civil Division, Department of Justice, Washington D.C. 20530; 202-305-2335.
This rule is a matter of internal Departmentmanagement. It has been drafted and reviewed in accordance with section 1(b) of ExecutiveOrder 12866. The Assistant Attorney General for the Civil Division has determined that this ruleis not a "significant regulatory action" under section 3(f) of Executive Order 12866 andaccordingly this rule has not been reviewed by the Office of Management and Budget. Inaccordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Assistant Attorney Generalfor the Civil Division has reviewed this rule, and by approving it certifies that this rule will nothave a significant economic impact on a substantial number of small entities. This rule will nothave substantial direct effects on the states, on the relationship between the national governmentand the states, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that thisrule does not have sufficient federalism implications to warrant the preparation of a FederalismAssessment.
 List of Subjects in 28 CFR Part 0
 Authority delegations (Government agencies), Government employees, International
 3agreements, Organization and functions (Government agencies), Treaties, Whistleblowing.Accordingly, for the reasons stated in the preamble, title 28, chapter I, part 0, of the Codeof Federal Regulations is amended as set forth below:
 1. The authority citation for Part 0 continues to read as follows:
5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.2. Appendix to Subpart Y is amended by removing Civil Directive No. 14-95 and addingCivil Directive No. 1-10, to read as follows:
Appendix to Subpart Y-- Redelegations of Authority To Compromise and Close CivilClaims
* * * * *[Directive No. 1-10]By virtue of the authority vested in me by part 0 of title 28 of the Code of FederalRegulations, particularly §§0.45, 0.160, 0.164, and 0.168, it is hereby ordered as follows:
 Section 1. Authority To Compromise or Close Cases and to File Suits and Claims
 (a) Delegation to Deputy Assistant Attorneys General. The Deputy Assistant AttorneysGeneral are authorized to act for, and to exercise the authority of, the Assistant Attorney Generalin charge of the Civil Division with respect to the institution of suits, the acceptance or rejectionof compromise offers, and the closing of claims or cases, unless any such authority is required bylaw to be exercised by the Assistant Attorney General personally or has been specificallydelegated to another Department official.

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