Justice Manual § 4-1.310

Pursuant to section 4(a) of Civil Directive No. 1-15, 80 Fed. Reg. 31998 (2015), and subject to the limitations of sections 1(e) and 4(b), the following civil actions under the jurisdiction of the Assistant Attorney General, Civil Division, may be referred by the agency concerned directly to the United States Attorney for handling in trial courts, and United States Attorneys have been 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/her representatives, except as otherwise set forth in this Manual. 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 must be consulted.

Money claims by the United States (except penalties and forfeitures) where the gross amount of the original claim does not exceed $10 million.

Single family dwelling house foreclosures arising out of loans made or insured by the Department of Housing and Urban Development, the Department of Veteran Affairs and the Farmers Home Administration, now called the Rural Housing and Community Development Service (RHCDS).

Suits to enjoin violations of, and to collect penalties under the Agricultural Adjustment Act of 1938, 7 U.S.C. § 1376; Packers and Stockyards Act, 7 U.S.C. §§ 203, 207(g), 213, 215, 216, 222, and 228a; Perishable Agricultural Commodities Act, 1930, 7 U.S.C. §§ 499c(a) and 499h(d); Egg Products Inspection Act, 21 U.S.C. § 1031, et seq.; Potato Research and Promotion Act, 7 U.S.C. § 2611, et seq.; Cotton Research and Promotion Act of 1966, 7 U.S.C. § 2101, et seq.; Federal Meat Inspection Act, 21 U.S.C. § 601, et seq.; and Agricultural Marketing Agreements Act of 1937, as amended, 7 U.S.C. § 671, et seq.

Suits by social security beneficiaries under the Social Security Act, 42 U.S.C. § 402, et seq.

Social security disability suits under 42 U.S.C. § 423, et seq.

Black lung beneficiary suits under the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. § 921, et seq.

Suits by Medicare beneficiaries under 42 U.S.C. § 1395ff.

Garnishment actions authorized by 42 U.S.C. § 659 for child support or alimony payments and actions for general debt under 5 U.S.C. § 5520a.

Judicial review of actions of the Secretary of Agriculture under the food stamp program, pursuant to the provisions of 7 U.S.C. § 2023 involving retail stores.

Cases referred by the Department of Labor solely for the collection of penalties or for injunctive action under the Fair Labor Standards Act of 1938, 29 U.S.C. § 201, et seq., and the Occupational Safety and Health Act of 1970, 29 U.S.C. § 651, et seq.

Cases referred by the Department of Labor solely for collection of civil penalties under the Farm Labor Contractor Registration Act of 1963, 7 U.S.C. § 2048.

Cases referred by the United States Postal Service for injunctive relief under the non-mailable matter laws, 39 U.S.C. § 3001, et seq.

Cases referred by the Surface Transportation Board to enforce orders of the Surface Transportation Board or to enjoin or suspend such orders pursuant to 28 U.S.C. § 1336.