17456 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations

violation of subsections (a)(4), (a)(6), (f),

(g), (h), (i), (j), or (k) of section 922 of

the Act, or knowing importation or

bringing into the United States or any

possession thereof any firearm or

ammunition in violation of section

922(l) of the Act, or knowing violation

of section 924 of the Act, or willful

violation of any other provision of the

Act or of this part, or any violation of

any other criminal law of the United

States, or any firearm or ammunition

intended to be used in any offense

referred to in paragraph (c) of this

section, where such intent is

demonstrated by clear and convincing

evidence, shall be subject to seizure and

forfeiture, and all provisions of the

Internal Revenue Code of 1986 relating

to the seizure, forfeiture, and

disposition of firearms, as defined in

section 5845(a) of that Code, shall, so far

as applicable, extend to seizures and

forfeitures under the provisions of the

Act: Provided, That upon acquittal of

the owner or possessor, or dismissal of

the charges against such person other

than upon motion of the Government

prior to trial, or lapse of or court

termination of the restraining order to

which he is subject, the seized or

relinquished firearms or ammunition

shall be returned forthwith to the owner

or possessor or to a person delegated by

the owner or possessor unless the return

of the firearms or ammunition would

place the owner or possessor or the

delegate of the owner or possessor in

violation of law. Any action or

proceeding for the forfeiture of firearms

or ammunition shall be commenced

within 120 days of such seizure.

* * * * *

Par. 30. Section 178.153 is added to

Subpart I to read as follows:

§ 178.153 Semiautomatic assault weapons

and large capacity ammunition feeding

devices manufactured or imported for the

purposes of testing or experimentation.

The provisions of § 178.40 with

respect to the manufacture, transfer, or

possession of a semiautomatic assault

weapon, and § 178.40a with respect to

large capacity ammunition feeding

devices, shall not apply to the

manufacture, transfer, or possession of

such weapons or devices by a

manufacturer or importer for the

purposes of testing or experimentation

as authorized by the Director. A person

desiring such authorization shall submit

a letter application, in duplicate, to the

Director. Such application shall contain

the name and addresses of the persons

directing or controlling, directly or

indirectly, the policies and management

of the applicant, the nature or purpose

of the testing or experimentation, a

description of the weapons or devices to

be manufactured or imported, and the

source of the weapons or devices. The

approved application shall be retained

as part of the records required by

Subpart H of this part.

Par. 31. Section 178.171 is amended

by revising the last sentence to read as

follows:

§ 178.171 Exportation.

* * * Licensed manufacturers and

licensed importers exporting armor

piercing ammunition and

semiautomatic assault weapons

manufactured after September 13, 1994,

shall maintain records showing the

name and address of the foreign

consignee and the date the armor

piercing ammunition or semiautomatic

assault weapons were exported.

PART 179—MACHINE GUNS,

DESTRUCTIVE DEVICES, AND

CERTAIN OTHER FIREARMS

Par. 32. The authority citation for 27

CFR part 179 continues to read as

follows:

Authority: 26 U.S.C. 7805.

§§ 179.34, 179.36, 179.42, 179.46, 179.47,

and 179.50 [Amended]

Par. 33. Sections 179.34, 179.36,

179.42, 179.46, 179.47, and 179.50 are

amended by removing ‘‘5630.5’’

wherever it occurs and, adding in its

place, ‘‘5630.7.’’

Par. 34. Section 179.34(e) is added to

read as follows:

§ 179.34 Special tax registration and

return.

* * * * *

(e) Identification of taxpayer. If the

taxpayer is an individual, with the

initial return such person shall securely

attach to Form 5630.7 a photograph of

the individual 2 × 2 inches in size,

clearly showing a full front view of the

features of the individual with head

bare, with the distance from the top of

the head to the point of the chin

approximately 11⁄4 inches, and which

shall have been taken within 6 months

prior to the date of completion of the

return. The individual shall also attach

to the return a properly completed FBI

Form FD–258 (Fingerprint Card). The

fingerprints must be clear for accurate

classification and should be taken by

someone properly equipped to take

them: Provided, That the provisions of

this paragraph shall not apply to

individuals who have filed with ATF a

properly executed Application for

License under 18 U.S.C. Chapter 44,

Firearms, ATF Form 7 (5310.12) (12–93

edition), as specified in § 178.44(a).

Signed: February 10, 1995.

Daniel R. Black,

Acting Director.

Approved: February 27, 1995.

John P. Simpson,

Deputy Assistant Secretary, (Regulatory,

Tariff and Trade Enforcement).

[FR Doc. 95–8233 Filed 4–3–95; 4:18 pm]

BILLING CODE 4810–31–U

DEPARTMENT OF JUSTICE

28 CFR Part 0

[Civil Division Directive No. 14–95]

Redelegation by Civil Division of

Authority to Compromise Civil Claims

AGENCY: Department of Justice, Civil

Division.

ACTION: Final rule.

SUMMARY: This Directive implements a

recent Attorney General order that

increased settlement and compromise

authority that the Assistant Attorneys

General of the litigating divisions may

redelegate to United States Attorneys in

civil matters. This Directive, which

supersedes Civil Division Directive 176–

91, is being promulgated in order to

increase Department efficiency.

EFFECTIVE DATE: April 6, 1995.

FOR FURTHER INFORMATION CONTACT:

Robert M. Hollis, Assistant Director,

Commercial Litigation Branch, Civil

Division, Department of Justice, room

11022, 550 11th Street NW.,

Washington, DC 20530; (202) 307–1100.

SUPPLEMENTARY INFORMATION: This

Directive implements on behalf of the

Civil Division the increase in the dollar

amount of settlement authority which

the Assistant Attorneys General may

redelegate to United States Attorneys in

civil matters. This increase in United

States Attorney authority will further

the efficient operation of the

Department of Justice.

As a regulation related to internal

Department of Justice management, this

rule may become effective without

provision for public comment pursuant

to 5 U.S.C. § 553(b)(A). This Directive is

not a ‘‘significant regulatory action’’

under section 3(f) of Executive Order

12866 and, accordingly, it has not been

reviewed by the Office of Management

and Budget. Pursuant to 5 U.S.C.

§ 605(b), the Assistant Attorney General

for the Civil Division certifies that

because the effect of this Directive is

internal to the Department of Justice it

will not have a significant adverse

economic impact on a substantial

number of small business entities.
Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17457

This rule will not have substantial

direct effects on the states, on the

relationship between the national

government and the states, or on the

distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

List of Subjects in 28 CFR Part 0

Authority delegations (government

agencies), Government employees,

Organization and functions (government

agencies), Whistleblowing.

PART 0—[AMENDED]

1. The authority citation for part 0

continues to read as follows:

Authority: 5 U.S.C. § 301, 28 U.S.C. §§ 509,

510, 515–519.

2. In the Appendix to Subpart Y, Civil

Division Directive No. 176–91 is

removed and Civil Division Directive

14–95 is added in its place to read as

follows:

Appendix to Subpart Y—Redelegations

of Authority To Compromise and Close

Civil Claims

* * * * *

[Directive No. 14–95]

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. Authority To Compromise or Close

Cases and to File Suits and Claims

(a) Delegation to Deputy Assistant

Attorneys General. The Deputy Assistant

Attorneys General are authorized to act for,

and to exercise the authority of, the Assistant

Attorney General in charge of the Civil

Division with respect to the institution of

suits, the acceptance or rejection of

compromise offers, and the closing of claims

or cases, unless any such authority 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(c), and 0.164(a) and section 4(c) of this

directive, and the authority of the Solicitor

General set forth in 28 CFR 0.163,

(1) 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:

(a) Accept offers in compromise of claims

on behalf of the United States;

(i) In all cases in which the gross amount

of the original claim did not exceed

$500,000; and,

(ii) In all cases in which the gross amount

of 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 $500,000 or 15 percent of the original

claim, whichever is greater;

(b) Accept offers in compromise of, or

settle administratively, claims against the

United States in all cases where the principal

amount of the proposed settlement does not

exceed $500,000; and,

(c) Reject any offers.

(2) United States Attorneys with respect to

matters assigned or delegated to their

respective components are hereby delegated

the authority to:

(a) Accept offers in compromise of claims

on behalf of the United States;

(i) In all cases in which the gross amount

of the original claim did not exceed

$1,000,000 and,

(ii) In all cases in which the gross amount

of the original claim does not exceed

$5,000,000, and in which the difference

between the gross amount of the original

claim and the proposed settlement does not

exceed $1,000,000;

(b) Accept offers in compromise of, or

settle administratively, claims against the

United States in all cases where the principal

amount of the proposed settlement does not

exceed $1,000,000 and,

(c) Reject any offers.

(3) With respect to claims asserted in

bankruptcy proceedings, the term gross

amount of the original claim in (1) (a) and

(b), and (2) (a) and (b) above means

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.

(c) Subject to the limitations imposed by

sections 1(e) and 4(c) of this directive, United

States Attorneys, Directors, and Attorneys-inCharge are authorized to file suits,

counterclaims, and cross-claims, to close, or

to 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 $500,000, or in the case of United

States Attorneys, $1,000,000. Such actions in

nonmonetary cases which are other than

routine will be submitted for the approval of

the Assistant Attorney General, Civil

Division.

(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. The

authority to compromise cases, file suits,

counter-claims, and cross-claims, to close

cases, or take any other action necessary to

protect the interests of the United States,

delegated by paragraphs (a) and (b) of this

section, may not be exercised, and the matter

shall be submitted for resolution to the

Assistant Attorney General, Civil Division,

when:

(1) 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.

(2) 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.

(3) 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.

(4) The U.S. Attorney involved is opposed

to the proposed action and requests that the

matter be submitted to the Assistant Attorney

General for decision.

(5) The case is on appeal, except as

determined by the Director of the Appellate

Staff.

Section 2. Action Memoranda

(a) Whenever an official of the Civil

Division or a United States Attorney accepts

a compromise, closes a claim or files a suit

or claim pursuant to the authority delegated

by this Directive, 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 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 4–2.230 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
17458 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations

handling in trial courts, subject to the

limitations imposed by paragraph (c) 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 representations, 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,

except claims involving penalties and

forfeitures, where the gross amount of the

original claim does not exceed $1,000,000.

(2) Single family dwelling house

foreclosures arising out of loans made or

insured by the Department of Housing and

Urban Development, the Veterans

Administration and the Farmers Home

Administration.

(3) Suits to enjoin violations of, and 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 Interstate

Commerce Commission to enforce orders of

the Interstate Commerce Commission 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) Delegation to United States Attorneys.

Upon the recommendation of the appropriate

Director, the Assistant Attorney General,

Civil Division may delegate to United States

Attorneys suit authority involving any claims

or suits where the gross amount of the

original claim does not exceed $5,000,000

where the circumstances warrant such

delegations. United States Attorneys may

compromise any case redelegated under this

subsection in which the gross amount of the

original claim does not exceed $5,000,000, so

long as the difference between the gross

amount of the original claim and the

proposed settlement does not exceed

$1,000,000. United States Attorneys may

close cases redelegated to them under this

subsection only upon the authorization of the

appropriate authorized person within the

Department of Justice. All delegations

pursuant to this subsection shall be in

writing and no United States Attorney shall

have authority to compromise or close any

such delegated case or claim except as is

specified in the required written delegation

or in section 1(c) of this directive. The

limitations of section 1(e) of this directive

also remain applicable in any case or claim

delegated hereunder.

(c) Cases not covered. Regardless of the

amount in controversy, 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) Civil actions 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 fraud or False Claims Act case

where the amount of single damages, plus

civil penalties, if any, exceeds $1,000,000.

(6) Any case involving vessel-caused

pollution in navigable waters.

(7) Cases on appeal, except as determined

by the Director of the Appellate Staff.

(8) Any case involving litigation in a

foreign court.

(9) 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 Office of Consumer Litigation.

(10) Nonmonetary civil cases, including

injunction suits, declaratory judgment

actions, and applications for inspection

warrants, and cases seeking civil penalties

including but not limited to those 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 Office of Consumer Litigation.

(11) Administrative claims arising under

the Federal Tort Claims Act.

Section 5. Adverse Decisions

All final judicial decisions adverse to the

Government 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 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 6. Supersession

This directive supersedes Civil Division

Directive No. 176–91 regarding redelegation

of the Assistant Attorney General’s authority

in Civil Division cases to Branch Directors,

heads of offices and United States Attorneys.

Section 7. Applicability

This directive applies to all cases pending

as of the date of this directive and is effective

immediately.

Approved: March 27, 1995.

Frank W. Hunger,

Assistant Attorney General, Civil Division.

Dated March 27, 1995.

John R. Schmidt,

Associate Attorney General.

[FR Doc. 95–8482 Filed 4–5–95; 8:45 am]

BILLING CODE 4410–01–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 915

Iowa Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving a proposed

amendment to the Iowa regulatory

program (hereinafter referred to as the

‘‘Iowa program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). Iowa proposed revisions

to rules pertaining to rulemaking

petitions, definitions, permit processing,

permit revisions, bonding, backfilling

and grading, alternative enforcement,

and individual civil penalties. The

amendment is intended to revise the

Iowa program to be consistent with the