ation of the free enterprise system and when authorized participating in conferences and committees with foreign governments and treaty organizations concerned with competition and restrictive business practices in international trade.

(i) Collecting fines, penalties, judgments, and forfeitures arising in antitrust cases.

[Order No. 615-75, 40 FR 36118, Aug. 19, 1975, as amended by Order No. 699–77, 42 FR 15315, Mar. 21, 1977; Order No. 725-77, 42 FR 26205, May 23, 1977]

§ 0.41 Special functions.

Subject to the general supervision of the Attorney General, and under the direction of the Associate Attorney General, the following-described matters are assigned to and shall be conducted, handled, or supervised by, the Assistant Attorney General in charge of the Antitrust Division:

(a) Institution of proceedings to impose penalties for violations of section 202(a) of the Communications Act of 1934 (48 Stat. 1070), as amended (47 U.S.C. 202(a)), which prohibits common carriers by wire or radio from unjustly or unreasonably discriminating among persons, classes of persons, or localities.

(b) Upon appropriate certification by the Federal Trade Commission the institution of civil or criminal proceedings to impose penalties for violations of the unfair or deceptive practices provisions of the Federal Trade Commission Act.

(c) Representing the United States in suits pending as of February 28, 1975, before three-judge district courts under section 2321-2325 of title 28 of the United States Code, to enforce, suspend, enjoin, annul, or set aside, in whole or in part, any order of the Interstate Commerce Commission. (Pub. L. 93-584, Sec. 10, 88 Stat. 1917)

(d) Representing the United States in proceedings before courts of appeals to review orders of the Interstate Commerce Commission, the Federal Communications Commission, the Federal Maritime Commission and the Nuclear Regulatory Commission (28 U.S.C. 2341-2350).

(e) Representing the Civil Aeronautics Board, and the Secretary of the

Treasury or his delegates under Federal Alcohol Administration Act courts of appeals reviewing their spective administrative orders.

(f) Defending the Secretary of Treasury or his delegates under Federal Alcohol Administration and the agencies named in paragra (c), (d) and (e) of this section or th officers against the injunctive acti brought in Federal courts when matter which is the subject of the tions will ultimately be the subject review under paragraph (c), (d), (e) (g) of this section, or of an enfor ment action under paragraph (b)| this section.

(g) Seeking review of or defend judgments rendered in proceedi under paragraphs (a) through (f) this section and judgments rende upon review of Federal Trade Comn sion orders by courts of appeals.

(h) All litigation arising under Federal Food, Drug and Cosmetic (21 U.S.C. 301 et seq.), the Fede Hazardous Substances Act (15 U.S 1261 et seq.), the Fair Packaging a Labeling Act (15 U.S.C. 1451 et se the Child Protection and Toy Staf Act of 1969 (15 U.S.C. 1261, 1261 no 1262, and 1274), the Automobile Inf mation Disclosure Act (15 U.S.C. 12 et seq.), the odometer requireme section of the Motor Vehicle Inform tion and Cost Savings Act (15 U.S 1981 et seq.), the Federal Cigarette 1 beling and Advertising Act as amend by the Public Health Cigarette Sm ing Act (15 U.S.C. 1331 et seq.), t Poison Prevention Packaging Act 1970 (15 U.S.C. 1471 et seq.), the F eral Caustic Poison Act (15 U.S.C. note), sections 112, 619 and 620 of t Consumer Credit Protection Act U.S.C. 1611, 1681q and 1681r), t Wool Products Labeling Act of 19 (15 U.S.C. 68 et seq.), the Fur Produ Labeling Act (15 U.S.C. 69 et seq.), t Textile Fiber Products Identificati Act (15 U.S.C. 70 et seq.), and the Co sumer Product Safety Act (Public L 92-573), and any statute the functio of which are transferred to the Co sumer Product Safety Commission virtue of section 30 of that Act, exce as the Commission may direct its torneys to handle litigation arisi under section 12 of the Act. This de

gation includes the authority of the Attorney General to concur, in specific proceedings, that litigation other than that arising under section 12 of the Act may be handled directly by the Commission, pursuant to section 27(b)(7).

[Order No. 615-75, 40 FR 36118, Aug. 19, 1975, as amended by Order No. 699–77, 42 FR 15315, Mar. 21, 1977]

Subpart I-Civil Division

CROSS REFERENCE: For regulations pertaining to the Civil Division, see Part 15 of this chapter.

§ 0.45 General functions.

Subject to the general supervision of the Attorney General, and under the direction of the Associate Attorney General, the following-described matters are assigned to, and shall be conducted, handled, or supervised by, the Assistant Attorney General in charge of the Civil Division:

(a) Admiralty and Shipping Casescivil and admiralty litigation in any court by or against the United States, its officers and agents, which involves ships or shipping (except suits to enjoin final orders of the Federal Maritime Commission under the Shipping Act of 1916 and under the Intercoastal Shipping Act assigned to the Antitrust Division by Subpart H of this part), defense of regulatory orders of the Maritime Administration affecting navigable waters or shipping thereon (except as assigned to the Land and Natural Resources Division by § 0.65(a)), workmen's compensation, and litigation and waiver of claims under reciprocal-aid maritime agreements with foreign governments.

(b) Court of Claims Cases-defense of all suits against the United States in the Court of Claims, except cases assigned to the Land and Natural Resources Division and to the Tax Division by Subparts M and N of this part, respectively.

(c) Customs Cases-all litigation incident to the reappraisement and classification of imported goods, including the defense of all suits in the Customs Court and presentation of customs appeals in the Court of Customs and Patent Appeals:

(d) Fraud Cases-civil claims arising from fraud on the Government (other than antitrust, land, and tax frauds), including alleged claims under the False Claims Act, the Surplus Property Act, the Anti-Kickback Act, the Contract Settlement Act, and common law fraud.

(e) Gifts and Bequests-handling matters arising out of devises and bequests and inter vivos gifts to the United States, except determinations as to the validity of title to any lands involved and litigation pertaining to such determinations.

(f) Patent and Allied Cases and Other Patent Matters-patent, copyright, and trademark litigation before the U.S. courts and the Patent Office, including patent and copyright infringement suits in the Court of Claims (28 U.S.C. 1498), suits for compensation under the Patent Secrecy Act where the invention was ordered to be kept secret in the interest of national defense (35 U.S.C. 183), suits for compensation for unauthorized practice of a patented invention in the furnishing of assistance under the Foreign Assistance Act (22 U.S.C. 2356), suits for compensation for the unauthorized communication of restricted data by the Atomic Energy Commission to other nations (42 U.S.C. 2223), interference proceedings (35 U.S.C. 135, 141, 142, 146), defense of the Register of Copyrights in his administrative acts, suits for specific performance to acquire title to patents, and civil patent-fraud cases.

(g) Tort Cases-defense of tort suits against the United States arising under the Federal Tort Claims Act and special acts of Congress; similar litigation against cost-plus Government contractors and Federal employees whose official conduct is involved (except actions against Government contractors and Federal employees which are assigned to the Land and Natural Resources Division

by

§ 0.65(a); prosecution of tort claims for damage to Government property, and actions for the recovery of medical expenses under Pub. L. 87-693 and Part 43 of this title.

(h) General Civil Matters-litigation by and against the United States, its agencies, and officers in all courts and

administrative tribunals to enforce Government rights, functions, and monetary claims (except defense of injunctive proceedings assigned to the Antitrust Division by Subpart H of this part, civil proceedings seeking exclusively equitable relief assigned to the Criminal Division by §§ 0.55(i) and 0.61(d), and proceedings involving judgments, fines, penalties, and forfeitures assigned to other divisions by § 0.171), and to defend challenged actions of Government agencies and officers, not otherwise assigned, including, but not limited to, civil penalties and forfeitures, actions in the Tax Court under the Renegotiation Act, claims against private persons or organizations for which the Government is, or may ultimately be, liable, except as provided in § 0.70(c)(2), defense of actions arising under section 2410 of title 28 of the United States Code whenever the United States is named as a party as the result of the existence of a Federal lien against property, defense of actions for the recovery of U.S. Government Life Insurance and National Service Life Insurance (38 U.S.C. 784), enforcement of reemployment rights in private industry pursuant to the Military Selective Service Act of 1967 (50 U.S.C., App. 459); reparations suits brought by the United States as a shipper under the Interstate Commerce Act; civil actions by the United States for penalties for violations of car service orders (49 U.S.C. 1(17a)); actions restraining violations of Part II of the Interstate Commerce Act (49 U.S.C. 322(b) and 322(h); civil actions under Part I of the Interstate Commerce Act (49 U.S.C. 6(10) and 16(9)); injunctions against violations of Interstate Commerce Commission orders (49 U.S.C. 16(12)); mandamus to compel the furnishing of information to the Interstate Commerce Commission (49 U.S.C. 19a(1) and 20(9)); recovery of rebates under the Elkins Act (49 U.S.C. 41(3)); compelling the appearance of witnesses before the Interstate Commerce Commission and enforcement of subpenas and punishment for contempt (49 U.S.C. 12(3)); suits to enforce final orders of the Secretary of Agriculture under the Perishable Agricultural Commodities Act (7 U.S.C. 499g), and the Packers and

Stockyards Act (7 U.S.C. 216); suits set aside orders of State regulato agencies (49 U.S.C. 13(4)); and ci matters, except those required to handled by the Board of Parole, und section 504(a) of the Labor-Manag ment Reporting and Disclosure Act 1959 (29 U.S.C. 504(a)).

[Order No. 423-69, 34 FR 20388, Dec. 1969, as amended by Order 445-70, 35 19397, Dec. 23, 1970; Order No. 543-73, FR 29584, Oct. 26, 1973; Order No. 67341 FR 54176, Dec. 13, 1976; Order No. 69 77, 42 FR 15315, Mar. 21, 1977]

§ 0.46 Certain civil litigation and forei criminal proceedings.

The Assistant Attorney General charge of the Civil Division shall, addition to litigation coming with the scope of § 0.45, direct all other ci litigation including claims by against the United States, its agenci or officers, in domestic or forei courts, special proceedings, and simil civil matters not otherwise assigne and shall employ foreign counsel represent before foreign crimin courts, commissions or administrati agencies officials of the Departme of Justice and all other law enfor ment officers of the United States w are charged with violations of forei law as a result of acts which they p formed in the course and scope their Government service.

[Order 441-70, 35 FR 16318, Oct. 17, 1970]

§ 0.47 Alien Property matters.

The Office of Alien Property sh be a part of the Civil Division:

(a) The following described matte are assigned to, and shall be condu ed, handled, or supervised by the sistant Attorney General in charge the Civil Division, who shall also the Director of the Office of Ali Property:

(1) Exercising or performing all t authority, rights, privileges, powe duties, and functions delegated to vested in the Attorney General und the Trading with the Enemy Act, amended, Title II of the Internation Claims Settlement Act of 1949, amended, the act of September 1950, 64 Stat. 1079 (50 U.S.C. App. 4 the Philippine Property Act of 19

as amended, and the Executive orders relating to such acts, including, but not limited to, vesting, supervising, controlling, administering, liquidating, selling, paying debt claims out of, returning, and settling of intercustodial disputes relating to, property subject to one or more of such acts.

(2) Conducting and directing all civil litigation with respect to the Trading with the Enemy Act, Title II of the International Claims Settlement Act, the Foreign Funds Control Program and the Foreign Assets Control Program.

(3) Designating within the Office of Alien Property a certifying officer, and an alternate, to certify copies of documents issued by the Director, or his designee, which are required to be filed with the Office of the Federal Register.

(b) The Director of the Office of Alien Property shall act for and on behalf of the Attorney General.

(c) All the authority, rights, privileges, powers, duties, and functions of the Director of the Office of Alien Property may be exercised or performed by any agencies, instrumentalities, agents, delegates, or other personnel designated by him.

(d) Existing delegations by the Assistant Attorney General, Director, Office of Alien Property, or the Director, Office of Alien Property, shall continue in force and effect until modified or revoked.

(e) The Assistant Attorney General in charge of the Civil Division is authorized to administer and give effect to the provisions of the agreement entitled "Agreement Between the United States of American and the Republic of Austria Regarding the Return of Austrian Property, Rights and Interests," which was concluded on January 30, 1959, and was ratified by the Senate of the United States on February 25, 1964.

§ 0.48 Service in customs litigation.

The Chief, Customs Section, at 26 Federal Plaza, New York, N.Y. 10007, in the office of the Assistant Attorney General in charge of the Civil Division, is designated to accept service of notices of appeals to the Court of Customs and Patent Appeals and all pleadings and other papers filed in the

Customs Court, when the United States is an adverse party in any customs litigation (28 U.S.C. 2601(b) and 2632(e), as amended by Pub. L. 91-271, June 2, 1970, 84 Stat. 275, 279).

[Order No. 437-70, 35 FR 11391, July 16, 1970]

§ 0.49 International Judicial Assistance.

The Assistant Attorney General in charge of the Civil Division shall direct and supervise the following functions:

(a) The functions of the "Central Authority" under the Convention between the United States and other Governments on the Taking of Evidence Abroad in Civil and Commercial Matters, TIAS 7444, which entered into force on October 7, 1972.

(b) The functions of the "Central Authority" under the Convention between the United States and other Governments on the Service Abroad of Judicial and Extrajudicial Documents, TIAS 6638, which entered into force on February 10, 1969.

(c) To receive letters of requests issued by foreign and international judicial authorities which are referred to the Department of Justice through diplomatic or other governmental channels, and to transmit them to the appropriate courts or officers in the United States for execution.

(d) To receive and transmit through proper channels letters of request addressed by courts in the United States to foreign tribunals in connection with litigation to which the United States is a party.

[Order 555-73, 38 FR 32805, Nov. 28, 1973]

Subpart J-Civil Rights Division

§ 0.50 General functions.

Subject to the general supervision of the Attorney General and under the direction of the Associate Attorney General, the following-described matters are assigned to, and shall be conducted, handled, or supervised by, the Assistant Attorney General in charge of the Civil Rights Division:

(a) Enforcement of all Federal Statutes affecting civil rights, including those pertaining to elections and voting, public accommodations, public

facilities, school desegregation, employment, housing, and the constitutional and civil rights of Indians arising under 25 U.S.C. 1301 et seq. and authorization of litigation in such enforcement, including criminal prosecutions and civil actions and proceedings on behalf of the Government and appellate proceedings in all such cases. Notwithstanding the provisions of the foregoing sentence, the responsibility for the enforcement of the followingdescribed provisions of the United States Code is assigned to the Assistant Attorney General in charge of the Criminal Division

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

(2) Sections 241, 242, and 594 of title 18, and sections 1973i and 1973j of title 42, United States 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, United States Code, insofar as it relates to matters not involving discrimination or intimidation on grounds of race, color, religion, or national origin;

(3) Section 245(b)(3) of title 18, United States 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, United States Code (Federal Corrupt Practices Act).

(b) Requesting and reviewing investigations arising from reports or complaints of public officials or private citizens with respect to matters affecting civil rights.

(c) Conferring with individuals and groups who call upon the Department in connection with civil rights matters, advising such individuals and groups thereon, and initiating action appropriate thereto.

(d) Coordination within the Department of Justice of all matters affecting civil rights.

(e) Consultation with and assistance to other Federal departments and agencies and State and local agencies on matters affecting civil rights.

(f) Research on civil rights matters, and the making of recommendations

to the Attorney General as to posed policies and legislation rela thereto.

(g) Representation of Federal cials in private litigation arising u 42 U.S.C. 2000d or under other s utes pertaining to civil rights.

[Order 423-69, 34 FR 20388, Dec. 31, as amended by Order 484-72, 37 FR 1 June 7, 1972; Order 540-73, 38 FR 2 Sept. 27, 1973; Order No. 543-73, 38 29584, Oct. 26, 1973; Order No. 699-7 FR 15315, Mar. 21, 1977; Order No. 72 42, FR 26205, May 23, 1977]

§ 0.51 Assistance to other federal ager

(a) Upon request, the Assistant torney General in charge of the Rights Division may assist the C mission on Civil Rights or other lar Federal bodies in carrying ou search and formulating recomme tions.

(b) A Special Assistant to the A ney General in the Civil Rights sion, designated by the Attorney eral, and responsible to him and to Assistant Attorney General in ch of the Civil Rights Division, assist the Attorney General in c ing out the responsibility assigne him under Executive Order No. 1 of September 24, 1965, to coordi the programs and activities of Fe departments and agencies with res to the enforcement of Title VI of Civil Rights Act of 1964 (42 U 2000d).

§ 0.52 Certifications under 18 U.S.C.

The Assistant Attorney Gener charge of the Civil Rights Div and his Deputy Assistant Atto Generals are each authorized to cise or perform the functions or d conferred upon the Attorney Ge by section 3503 of title 18, U States Code, to certify that the proceeding, in which a motion to testimony by deposition is mad against a person who is believe have participated in an orga criminal activity, where the su matter of the case or proceedi which the motion is sought is w the cognizance of the Civil Right vision pursuant to § 0.50.

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

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