[Federal Register Volume 65, Number 242 (Friday, December 15, 2000)]
[Rules and Regulations]
[Pages 78413-78414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31765]


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DEPARTMENT OF JUSTICE

28 CFR Part 0

[AG Order No. 2343-2000]


Authority To Compromise and Close Civil Claims

AGENCY: Department of Justice, Civil Division.

ACTION: Final rule.

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SUMMARY: This rule restores to the Code of Federal Regulations language 
regarding the definition of ``gross amount of the original claim'' that 
appears to have been omitted through clerical error when the regulation 
was previously amended. This amendment added language relating to the 
settlement of certain customs penalty cases but inadvertently replaced, 
rather than supplemented, the then existing language.

EFFECTIVE DATE: December 15, 2000.

FOR FURTHER INFORMATION CONTACT: Stephen Altman, Assistant Director, 
Commercial Litigation Branch, Civil Division, Department of Justice, 
Room 6540, 601 D Street, NW., Washington, DC 20004; (202) 307-0188.

SUPPLEMENTARY INFORMATION:

Why Is the Department Publishing This Rule?

    This rule corrects the regulations governing authority to 
compromise civil claims. This amendment restores the exact language of 
28 CFR 0.169 that was deleted when a prior amendment published on 
September 8, 1986, inadvertently substituted rather than added language 
defining that term as applied to the settlement of certain customs 
penalty cases. 51 FR 31939.

To What Situations Does the Regulation Being Amended Apply?

    The regulation at 28 CFR 0.169, which this rule amends, is included 
in subpart Y of Title 28 of the Code of Federal Regulations. Subpart Y 
deals with the authority of the Assistant Attorneys General of the 
various litigating divisions of the Department of Justice to compromise 
and close civil claims, and the responsibility for collecting and 
enforcing judgments, fines, penalties, and forfeitures. Throughout 
subpart Y, various levels of authority are defined by reference to the 
term ``gross amount of the original claim.'' This definition is 
important in setting the scope of authority in fraud cases where a 
demand may be made for multiples of single damages and forfeitures or 
civil penalties.

How Does This Rule Affect Persons Outside the Department?

    This rule has no effect on the rights or obligations of persons 
outside the Department. It only pertains to case settlement authorities 
delegated to certain Department personnel.

Administrative Procedure Act 5 U.S.C. 553

    Because this rule relates to agency organization and pertains to a 
matter of internal Department of Justice management and procedures, the 
rule does not need to be published for public comment, 5 U.S.C. 
553(a)(2). The rule is effective upon issuance.

Regulatory Flexibility Act

    The Attorney General, in accordance with the Regulatory Flexibility 
Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it 
certifies that this regulation will not have a significant economic 
impact on a substantial number of small entities because it pertains to 
administrative and organizational matters affecting the Department. 
Further, a Regulatory Flexibility Analysis was not required to be 
prepared for this final rule since the Department was not required to 
publish a general notice of proposed rulemaking for this matter.

Executive Order 12866

    This action has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review,'' section 
1(b), Principles of Regulation. This rule is limited to agency 
organization, management, and personnel as described by section 3(d)(3) 
of Executive Order 12866 and, therefore, is not a ``regulation'' or 
``rule'' as defined by this Executive Order. Accordingly, this action 
has not been reviewed by the Office of Management and Budget.

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and

[[Page 78414]]

responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 13132, it is determined that this rule 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism Summary Impact Statement.

Executive Order 12988

    This regulation meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice 
Reform.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 
804. This rule will not result in an annual effect on the economy of 
$100,000,000 or more; a major increase in costs or prices; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or the ability of United States-based 
companies to compete with foreign-based companies in domestic and 
export markets.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Plain Language Instructions

    We try to write clearly. If you can suggest how to improve the 
clarity of these regulations, call or write: Stephen Altman, Assistant 
Director, Commercial Litigation Branch, Civil Division, Department of 
Justice, Room 6540, 601 D Street, NW., Washington, DC 20004; (202) 307-
0188.

Congressional Review Act

    This action pertains to agency management, personnel, and 
organization and does not substantially affect the rights or 
obligations of non-agency parties and, accordingly, is not a ``rule'' 
as that term is used by the Congressional Review Act (Subtitle E of the 
Small Business Regulatory Enforcement Fairness Act of 1996). Therefore, 
the reporting requirement of 5 U.S.C. 801 does not apply.

List of Subjects in 28 CFR Part 0

    Authority delegations (government agencies), Government employees, 
Organization and functions (government agencies), Whistleblowing.

    Accordingly, for the reasons set forth in the preamble, Chapter I 
of Title 28 of the Code of Federal Regulations is amended as follows:

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. Revise Sec. 0.169 to read as follows:


Sec. 0.169  Definition of ``gross amount of the original claim''.

    (a) The phrase gross amount of the original claim as used in this 
subpart Y and as applied to any civil fraud claim described in 
Sec. 0.45(d), shall mean the amount of single damages involved.
    (b) The phrase gross amount of the original claim as used in this 
subpart Y and as applied to any civil claim brought under section 592 
of the Tariff Act of 1930, as amended (see Sec. 0.45(c)), shall mean 
the actual amount of lost customs duties involved. In nonrevenue loss 
cases brought under section 592 of the Tariff Act of 1930, as amended, 
the phrase gross amount of the original claim shall mean the amount 
demanded in the Customs Service's mitigation decision issued pursuant 
to 19 U.S.C. 1618 or, if no mitigation decision has been issued, the 
gross amount of the original claim shall mean twenty percent of the 
dutiable value of the merchandise.

    Dated: December 6, 2000.
Janet Reno,
Attorney General.
[FR Doc. 00-31765 Filed 12-14-00; 8:45 am]
BILLING CODE 4410-12-M