[Title 28 CFR 0.175]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 0 - ORGANIZATION OF THE DEPARTMENT OF JUSTICE]
[Subpart Z - Assigning Responsibility Concerning Applications for Orders]
[Sec. 0.175 - Judicial and administrative proceedings.]
[From the U.S. Government Printing Office]


28JUDICIAL ADMINISTRATION12009-07-012009-07-01false0.175Sec. 0.175JUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICEORGANIZATION OF THE DEPARTMENT OF JUSTICEAssigning Responsibility Concerning Applications for Orders
Sec. 0.175  Judicial and administrative proceedings.

    (a) When the subject matter of a case or proceeding is within his or 
her respective jurisdiction, the Assistant Attorney General, Criminal 
Division, the Assistant Attorney General for National Security, or any 
Deputy Assistant Attorney General, Criminal Division or of the National 
Security Division is authorized to exercise the authority vested in the 
Attorney General by 18 U.S.C. 6003, to approve the application of a U.S. 
Attorney to a federal court for an order compelling testimony or the 
production of information by a witness in any proceeding before or 
ancillary to a court or grand jury of the United States, and the 
authority vested in the Attorney General by 18 U.S.C. 6004, to approve 
the issuance by an agency of the United States of an order compelling 
testimony or the production of information by a witness in a proceeding 
before the agency, when the subject matter of the case or proceeding is 
either within the cognizance of the Assistant Attorney General, Criminal 
Division, the Assistant Attorney General for National Security, or is 
not within the cognizance of the Divisions or Administration designated 
in paragraphs (b) and (c) of this section.
    (b) The Assistant Attorneys General or any Deputy Assistant Attorney 
General of the Antitrust Division, the Civil Division, the Civil Rights 
Division, the Environment and Natural Resources Division and the Tax 
Division are authorized to exercise the power and authority vested in 
the Attorney General by 18 U.S.C. 6003 to approve the application of a 
U.S. Attorney to a Federal court for an order compelling testimony or 
the production of information in any proceeding before or ancillary to a 
court or grand jury of the United States when the subject matter of the 
case or proceeding is within the cognizance of their respective 
Divisions: Provided, however, That no approval shall be granted unless 
the Criminal Division indicates that it has no objection to the proposed 
grant of immunity.
    (c) The Assistant Attorneys General and Deputy Assistant Attorneys 
General designated in paragraph (b) of this section, and the 
Administrator of the Drug Enforcement Administration are authorized to 
exercise the authority vested in the Attorney General by 18 U.S.C. 6004 
to approve the issuance by an agency of the United States of an order 
compelling testimony or the production of information by a witness in a 
proceeding before the agency when the subject matter of the proceeding 
is within the cognizance of their respective Divisions or the 
Administration: Provided, however, That no approval shall be granted 
unless the Criminal Division indicates that it has no objection to the 
proposed grant of immunity.

[Order No. 1310-88, 54 FR 297, Jan. 5, 1989, as amended by Order No. 
2865-2007, 72 FR 10068, Mar. 7, 2007]