Assignment Of Responsibility

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Although the Civil Division does not monitor the conduct of delegated cases and, with the exceptions set forth below, is not to be advised of litigation events in such cases, the Civil Division stands ready to advise and assist on these cases.

273, 279 (1888) (Attorney General "undoubtedly the officer who has charge of the institution and conduct of the pleas of the United States, and of the litigation which is necessary to establish the rights of the government"); 282 U. The Civil Division will communicate with client agencies to effect changes, clarification or consistency in policies, endeavor to make available the latest precedents which may not otherwise be available, attempt to assure reasonable uniformity of positions and procedures among United States Attorney's, advise whether particular cases should be used to test new propositions, and make available expertise developed in certain specialties over the years.

Copies of pleadings and other communications on delegated cases are not to be furnished to the Civil Division routinely, except that the Torts Branch should always be advised of the date and method of disposition of suits under the Federal Tort Claims Act, and be furnished copies of the order, opinion, or stipulation which resulted in the disposition of the suit, and that the Office of Immigration Litigation should always be similarly advised of the disposition of suits under the Immigration and Nationality Act, as amended.

Communications regarding delegated cases should be directed to the section or unit in the Civil Division bearing responsibility for the particular type of case.

The Office of the Attorney General was established by the Judiciary Act of 1789. The AG's statutory authority to conduct litigation to which the United States, its departments or agencies is a party was expanded and more fully developed by Congress in 1870 in the same legislation that provided for the creation of the Department of Justice Act of June 22, 1870, 16 Stat. Among other things, the Act forbade the Secretaries of the Executive Departments to employ other attorneys or outside counsel at government expense, and required them to call upon the Department of Justice ... unless hereafter authorized by law, and then only on the certificate of the Attorney-General that such services could not be performed by the Attorney-General ... Disposition of delegated cases, like the disposition of nondelegated cases, must be accurately reported on the Department's statistical reporting system.

Section 35 of that Act vested the Attorney General (AG) with plenary authority to "prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned" and to give advice and opinions upon questions of law when requested by the President or the heads of various Departments. for services in such capacity to the United States ... Other objectives of the legislation advanced in the congressional debates were to ensure the presentation of uniform positions with respect to the laws of the United States ("a unity of decision, a unity of jurisprudence in the executive law of the United States"), and to provide the AG with authority over lower court proceedings involving the United States so that litigation would be better handled on appeal, and before the Supreme Court. If the United States Attorney has had a previous communication on a particular case or on a general problem, the file numbers and initials or names appearing in the upper corner of the Civil Division's last communication should be used when writing the Department again. Agency counsel should be alert to apprise the Department of anticipated defenses, their strengths, and the best rebuttal to them. §§ 101.1 to 105.5) implementing the Debt Collection Act, 31 U. [cited in USAM 4-6.200] The degree of liaison which should be maintained with the Civil Division varies substantially from one type of case to another. [new March 2016] Agency referrals for litigation should be accompanied by sufficient information, whether in the form of a litigation report or otherwise, to permit an intelligent evaluation of the factual and legal merits of the case. Referrals of cases in excess of the United States Attorneys' authority should be made through the Civil Division. The agency shall make its employees available for consultation, witness preparation, discovery document review, and depositions as needed throughout the course of the litigation. The completeness of the Attorney General's authority is further illustrated by the fact that once a matter has been referred to the Department of Justice, the referring agency ceases to have control over it. Such draft pleadings and other documents may be incorporated in the DOJ final product for filing. This includes not only suits under the Federal Tort Claims Act, but also litigation under the Suits in Admiralty and Public Vessels Act, as well as suits seeking money damages against individual government employees. [cited in USAM 4-1.210] The Commercial Litigation Branch is responsible for litigation arising principally from a broad variety of governmental undertakings of a "commercial" nature. Information for use in asserting the government's claim will be provided by the United States Shipping Commissioner attached to the Coast Guard at the locale. Authority over the disposition of a civil matter, once it is referred to the Department of Justice, resides in the Attorney General or his/her delegate, and the client agency may not control its handling or disposition. [new March 2016] Upon service of the complaint, the agency shall confirm that an appropriate litigation hold was implemented or, only after consultation with DOJ, make a determination that the specific case does not require a litigation hold. The Torts Branch represents the United States, its agencies, and persons sued in their individual capacities when government representation is appropriate in suits sounding in tort. All other FTCA matters are the responsibility of the FTCA Staff. The Office has assumed the Department's responsibility for virtually all civil litigation arising under the immigration laws, including court of appeals petitions for review of final removal orders, citizenship and visa disputes, matters pertaining to legalization and employer sanctions under the Immigration Reform and Control Act, Pub. [cited in USAM 4-1.600] Pursuant to section 4(b) of the Civil Division Directive No. In the case of petitions for the return of funds of deceased or deserting sailors pursuant to 46 U. In such cases, the United States Attorney should appear as attorney for the United States as another claimant to the funds. Fraud claims are excluded from the coverage of the joint regulations implementing the Debt Collection Act. Any tort claim alleging acts or omissions on the part of any other government employee should be forwarded to the appropriate agency. The Department of Justice (DOJ) has from time to time provided legal advice to agencies on this crucial subject, which can be provided upon request. See USAM 4-3.000 for additional authorities with respect to the Attorney General's inherent authority to compromise and close civil cases. The Branch handles cases involving national security and defense, personnel issues and discrimination claims, government information and privacy suits, housing and human services cases, and miscellaneous claims challenging other programmatic activities of agencies. Kanter, Deputy Director, (202) 305-1754 Assistant Director, Barbara C. The draft answer should be transmitted to DOJ in a manner that allows the assigned Assistant United States Attorney or Trial Attorney sufficient time to incorporate the agency draft into a final document for timely filing with the court. When requested by DOJ, agency counsel will provide copies of the documents identified in the initial disclosures. 1261, effected a Hoover Commission type reorganization whereby all functions of other employees and units in the Department, including Presidential appointees, were placed in the Attorney General to be redelegated by him/her. This includes litigation against Cabinet officers and agencies under the Administrative Procedure Act, and institution of affirmative suits to enforce federal laws or regulations or to impose civil penalties. When the interpretation or application of an Act of Congress or a departmental regulation or the Attorney General's authority to conduct litigation is involved, the Department may wish to file a brief amicus curiae to inform the court of the government's position. In any action, suit, or proceeding in a court of the United States, to which the United States or an agency or employee thereof is not a party, the court is required to certify to the Attorney General when the constitutionality of an Act of Congress is called into question, and the court must permit the United States to intervene to submit evidence or argument on the issue of constitutionality. Requests for international judicial assistance from foreign tribunals in civil matters will be referred to United States Attorney's by the Office of Foreign Litigation, Civil Division. The agency shall prepare a draft answer that responds to the complaint’s paragraph-by- paragraph allegations and that includes any recommended defenses and affirmative relief to be requested. Rule 26(a)requires that without waiting for a discovery request, the parties exchange lists of "each individual likely to have discoverable information" (whether or not an agency employee) and identify documents relevant to the claims or defenses raised in the complaint and in the answer, and that a party may use to support its claims or defenses. These components are the Torts Branch, Commercial Litigation Branch, Federal Programs Branch, Office of Immigration Litigation, Office of Consumer Litigation, and the Appellate Staff, each of which is directed by a Deputy Assistant Attorney General and a management team of senior supervisory attorneys. The Office coordinates district court litigation referred to the Department by the Federal Trade Commission, the Food and Drug Administration, National Highway Traffic Safety Administration, and the Consumer Product Safety Commission. 3359, and cases arising under the enforcement reforms of the Illegal Immigration Reform and Immigrant Responsibility Act, Pub. Where the circumstances warrant, the Assistant Attorney General, Civil Division, may delegate to United States Attorney's pursuant to section 4(b), Civil Division Directive No. United States Attorneys may compromise any case redelegated under section 4(b) in which the gross amount of the original claim does not exceed ,000,000, so long as the difference between the gross amount of the original claim and the proposed settlement does not exceed

Section 35 of that Act vested the Attorney General (AG) with plenary authority to "prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned" and to give advice and opinions upon questions of law when requested by the President or the heads of various Departments. for services in such capacity to the United States ... Other objectives of the legislation advanced in the congressional debates were to ensure the presentation of uniform positions with respect to the laws of the United States ("a unity of decision, a unity of jurisprudence in the executive law of the United States"), and to provide the AG with authority over lower court proceedings involving the United States so that litigation would be better handled on appeal, and before the Supreme Court. If the United States Attorney has had a previous communication on a particular case or on a general problem, the file numbers and initials or names appearing in the upper corner of the Civil Division's last communication should be used when writing the Department again.

Agency counsel should be alert to apprise the Department of anticipated defenses, their strengths, and the best rebuttal to them. §§ 101.1 to 105.5) implementing the Debt Collection Act, 31 U. [cited in USAM 4-6.200] The degree of liaison which should be maintained with the Civil Division varies substantially from one type of case to another.

[new March 2016] Agency referrals for litigation should be accompanied by sufficient information, whether in the form of a litigation report or otherwise, to permit an intelligent evaluation of the factual and legal merits of the case. Referrals of cases in excess of the United States Attorneys' authority should be made through the Civil Division.

The agency shall make its employees available for consultation, witness preparation, discovery document review, and depositions as needed throughout the course of the litigation.

The completeness of the Attorney General's authority is further illustrated by the fact that once a matter has been referred to the Department of Justice, the referring agency ceases to have control over it. Such draft pleadings and other documents may be incorporated in the DOJ final product for filing.

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Section 35 of that Act vested the Attorney General (AG) with plenary authority to "prosecute and conduct all suits in the Supreme Court in which the United States shall be concerned" and to give advice and opinions upon questions of law when requested by the President or the heads of various Departments. for services in such capacity to the United States ... Other objectives of the legislation advanced in the congressional debates were to ensure the presentation of uniform positions with respect to the laws of the United States ("a unity of decision, a unity of jurisprudence in the executive law of the United States"), and to provide the AG with authority over lower court proceedings involving the United States so that litigation would be better handled on appeal, and before the Supreme Court. If the United States Attorney has had a previous communication on a particular case or on a general problem, the file numbers and initials or names appearing in the upper corner of the Civil Division's last communication should be used when writing the Department again. Agency counsel should be alert to apprise the Department of anticipated defenses, their strengths, and the best rebuttal to them. §§ 101.1 to 105.5) implementing the Debt Collection Act, 31 U. [cited in USAM 4-6.200] The degree of liaison which should be maintained with the Civil Division varies substantially from one type of case to another. [new March 2016] Agency referrals for litigation should be accompanied by sufficient information, whether in the form of a litigation report or otherwise, to permit an intelligent evaluation of the factual and legal merits of the case. Referrals of cases in excess of the United States Attorneys' authority should be made through the Civil Division. The agency shall make its employees available for consultation, witness preparation, discovery document review, and depositions as needed throughout the course of the litigation. The completeness of the Attorney General's authority is further illustrated by the fact that once a matter has been referred to the Department of Justice, the referring agency ceases to have control over it. Such draft pleadings and other documents may be incorporated in the DOJ final product for filing. This includes not only suits under the Federal Tort Claims Act, but also litigation under the Suits in Admiralty and Public Vessels Act, as well as suits seeking money damages against individual government employees. [cited in USAM 4-1.210] The Commercial Litigation Branch is responsible for litigation arising principally from a broad variety of governmental undertakings of a "commercial" nature. Information for use in asserting the government's claim will be provided by the United States Shipping Commissioner attached to the Coast Guard at the locale. Authority over the disposition of a civil matter, once it is referred to the Department of Justice, resides in the Attorney General or his/her delegate, and the client agency may not control its handling or disposition. [new March 2016] Upon service of the complaint, the agency shall confirm that an appropriate litigation hold was implemented or, only after consultation with DOJ, make a determination that the specific case does not require a litigation hold. The Torts Branch represents the United States, its agencies, and persons sued in their individual capacities when government representation is appropriate in suits sounding in tort. All other FTCA matters are the responsibility of the FTCA Staff. The Office has assumed the Department's responsibility for virtually all civil litigation arising under the immigration laws, including court of appeals petitions for review of final removal orders, citizenship and visa disputes, matters pertaining to legalization and employer sanctions under the Immigration Reform and Control Act, Pub. [cited in USAM 4-1.600] Pursuant to section 4(b) of the Civil Division Directive No. In the case of petitions for the return of funds of deceased or deserting sailors pursuant to 46 U. In such cases, the United States Attorney should appear as attorney for the United States as another claimant to the funds. Fraud claims are excluded from the coverage of the joint regulations implementing the Debt Collection Act. Any tort claim alleging acts or omissions on the part of any other government employee should be forwarded to the appropriate agency. The Department of Justice (DOJ) has from time to time provided legal advice to agencies on this crucial subject, which can be provided upon request. See USAM 4-3.000 for additional authorities with respect to the Attorney General's inherent authority to compromise and close civil cases. The Branch handles cases involving national security and defense, personnel issues and discrimination claims, government information and privacy suits, housing and human services cases, and miscellaneous claims challenging other programmatic activities of agencies. Kanter, Deputy Director, (202) 305-1754 Assistant Director, Barbara C. The draft answer should be transmitted to DOJ in a manner that allows the assigned Assistant United States Attorney or Trial Attorney sufficient time to incorporate the agency draft into a final document for timely filing with the court. When requested by DOJ, agency counsel will provide copies of the documents identified in the initial disclosures. 1261, effected a Hoover Commission type reorganization whereby all functions of other employees and units in the Department, including Presidential appointees, were placed in the Attorney General to be redelegated by him/her. This includes litigation against Cabinet officers and agencies under the Administrative Procedure Act, and institution of affirmative suits to enforce federal laws or regulations or to impose civil penalties. When the interpretation or application of an Act of Congress or a departmental regulation or the Attorney General's authority to conduct litigation is involved, the Department may wish to file a brief amicus curiae to inform the court of the government's position. In any action, suit, or proceeding in a court of the United States, to which the United States or an agency or employee thereof is not a party, the court is required to certify to the Attorney General when the constitutionality of an Act of Congress is called into question, and the court must permit the United States to intervene to submit evidence or argument on the issue of constitutionality. Requests for international judicial assistance from foreign tribunals in civil matters will be referred to United States Attorney's by the Office of Foreign Litigation, Civil Division. The agency shall prepare a draft answer that responds to the complaint’s paragraph-by- paragraph allegations and that includes any recommended defenses and affirmative relief to be requested. Rule 26(a)requires that without waiting for a discovery request, the parties exchange lists of "each individual likely to have discoverable information" (whether or not an agency employee) and identify documents relevant to the claims or defenses raised in the complaint and in the answer, and that a party may use to support its claims or defenses. These components are the Torts Branch, Commercial Litigation Branch, Federal Programs Branch, Office of Immigration Litigation, Office of Consumer Litigation, and the Appellate Staff, each of which is directed by a Deputy Assistant Attorney General and a management team of senior supervisory attorneys. The Office coordinates district court litigation referred to the Department by the Federal Trade Commission, the Food and Drug Administration, National Highway Traffic Safety Administration, and the Consumer Product Safety Commission. 3359, and cases arising under the enforcement reforms of the Illegal Immigration Reform and Immigrant Responsibility Act, Pub. Where the circumstances warrant, the Assistant Attorney General, Civil Division, may delegate to United States Attorney's pursuant to section 4(b), Civil Division Directive No. United States Attorneys may compromise any case redelegated under section 4(b) 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 Attorney's should be particularly alert to report to the Civil Division all claims involving fraud against the government that are not within the United States Attorneys' original authority, and all claims involving bribery, and the conversion of government property. Records of the agency relevant to the case can best be assembled and certifications obtained by agency counsel. The litigation not handled by United States Attorney's is assigned primarily to components within the Civil Division, subject to the supervision and direction of the Assistant Attorney General. Senior Appellate Counsels: Freddi Lipstein; Alfred R. [updated October 2016] All functions and responsibilities formerly assigned to the Consumer Affairs Staff of the Antitrust Division, including responsibility for criminal cases (48 Fed. 9522 (1983)), are now the responsibility of the Civil Division's Office of Consumer Litigation. 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 must be consulted. 17456 (1995), suit authority for any claims or suits where the gross amount of the original claim does not exceed $5 million, upon the recommendation of branch, office, or staff directors. Such powers as other officials of the government had theretofore with respect to litigation were withdrawn by E. 6166, June 10, 1933, leaving the Attorney General with complete authority. Agency personnel are in the best position to know or learn the facts involved in a case arising in connection with the activities of their agency as well as to have familiarity with agency practices, statutes, and regulations.

,000,000. United States Attorney's should be particularly alert to report to the Civil Division all claims involving fraud against the government that are not within the United States Attorneys' original authority, and all claims involving bribery, and the conversion of government property. Records of the agency relevant to the case can best be assembled and certifications obtained by agency counsel. The litigation not handled by United States Attorney's is assigned primarily to components within the Civil Division, subject to the supervision and direction of the Assistant Attorney General. Senior Appellate Counsels: Freddi Lipstein; Alfred R. [updated October 2016] All functions and responsibilities formerly assigned to the Consumer Affairs Staff of the Antitrust Division, including responsibility for criminal cases (48 Fed. 9522 (1983)), are now the responsibility of the Civil Division's Office of Consumer Litigation. 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 must be consulted. 17456 (1995), suit authority for any claims or suits where the gross amount of the original claim does not exceed million, upon the recommendation of branch, office, or staff directors. Such powers as other officials of the government had theretofore with respect to litigation were withdrawn by E. 6166, June 10, 1933, leaving the Attorney General with complete authority. Agency personnel are in the best position to know or learn the facts involved in a case arising in connection with the activities of their agency as well as to have familiarity with agency practices, statutes, and regulations.

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