Rule2025-22449
Transfer of the Functions of the Tax Division to the Civil Division and the Criminal Division
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 10, 2025
Effective
December 9, 2025
Issuing agencies
Justice Department
Abstract
This rule amends Part 0 of the Department of Justice's ("Department") organizational regulations in title 28 of the Code of Federal Regulations to transfer the functions of the Tax Division to the Civil Division and the Criminal Division, as appropriate.
Full Text
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<title>Federal Register, Volume 90 Issue 235 (Wednesday, December 10, 2025)</title>
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[Federal Register Volume 90, Number 235 (Wednesday, December 10, 2025)]
[Rules and Regulations]
[Pages 57139-57141]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22449]
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DEPARTMENT OF JUSTICE
Office of the Attorney General
28 CFR Part 0
[Docket No. OAG 195; AG Order No. 6508-2025]
Transfer of the Functions of the Tax Division to the Civil
Division and the Criminal Division
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: This rule amends Part 0 of the Department of Justice's
(``Department'') organizational regulations in title 28 of the Code of
Federal Regulations to transfer the functions of the Tax Division to
the Civil Division and the Criminal Division, as appropriate.
DATES: Effective December 9, 2025.
FOR FURTHER INFORMATION CONTACT:
For the Civil Division: Sarah Welch, Counsel, Civil Division, 950
Pennsylvania Avenue NW, Washington, DC 20530; telephone: (202) 514-2000
(not a toll-free call).
For the Criminal Division: Samuel R. Lyons, Acting Principal Deputy
Chief, Tax Section, 1331 F St NW, Washington, DC 20004; telephone:
(202) 353-4641 (not a toll-free call).
SUPPLEMENTARY INFORMATION:
I. Summary
On February 11, 2025, President Trump issued Executive Order 14210,
Implementing the President's ``Department of Government Efficiency''
Workforce Optimization Initiative. The President called on Federal
agencies to ``restore accountability to the American public'' by
``eliminating waste, bloat, and insularity.'' In response to that
Executive Order, the Department is working to reorganize its workforce
so that it can better serve the American public through more efficient
operations. This organizational rule transfers certain functions within
the Department to achieve these ends.
II. Regulatory Requirements
In developing this rule, the Department considered numerous
statutes and executive orders applicable to the rulemaking process. The
Department's analysis of the applicability of those statutes and
executive orders to this rule is summarized below.
A. Administrative Procedure Act
This rule concerns agency organization, procedure, and practice; is
limited to matters of agency management and personnel; and is not a
substantive rule. Therefore, this rule is exempt from the requirements
of prior notice and comment and a 30-day delay in the effective date.
See 5 U.S.C. 553(a)(2), (b)(A), (d).
B. Executive Order 12866 (Regulatory Planning and Review), Executive
Order 13563 (Improving Regulation and Regulatory Review), and Executive
Order 14192 (Unleashing Prosperity Through Deregulation)
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, as supplemented by Executive
Order 13563. This rule is limited to agency organization, management,
and personnel as described by Executive Order 12866, section 3(d)(3),
and therefore is not a ``regulation'' or ``rule'' as defined by that
Executive Order. Accordingly, this action has not been reviewed by the
Office of Management and Budget. Further, as this rule relates to
agency organization, management, or personnel, it is not subject to the
requirements of Executive Order 14192.
C. Executive Order 14294 (Overcriminalization of Federal Regulations)
Executive Order 14294 requires agencies promulgating regulations
with criminal regulatory offenses potentially subject to criminal
enforcement to explicitly describe the conduct subject to criminal
enforcement, the authorizing statutes, and the mens rea standard
applicable to each element of those offenses. This final rule does not
impose a criminal regulatory penalty and is thus exempt from Executive
Order 14924.
D. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. 5 U.S.C. 601.
A Regulatory Flexibility Analysis is not required for this final
rule because
[[Page 57140]]
the Department is not required to publish a general notice of proposed
rulemaking for this matter. 5 U.S.C. 603(a).
E. Paperwork Reduction Act
This final rule does not call for a new or revised collection of
information under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3520.
F. Executive Order 13132 (Federalism)
A rule has federalism implications under Executive Order 13132 if
it has a substantial direct effect 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.
The Department has analyzed this final rule under that Order and
determined that this rule does not have federalism implications.
G. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538,
requires Federal agencies to determine whether a rule, if promulgated,
will result in the expenditure by State, local, or Tribal governments,
in the aggregate, or by the private sector, of $100 million (adjusted
annually for inflation) or more in any one year. 2 U.S.C. 1532(a). This
final rule does not require or result in expenditures by any of the
above-named entities.
H. Executive Order 12988 (Civil Justice Reform), Plain Language
This final rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988.
I. Executive Order 13175 (Consultation and Coordination With Indian
Tribal Governments)
This final rule does not have Tribal implications under Executive
Order 13175 because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
J. Congressional Review Act
This rule relates to agency management, personnel, and
organization, and does not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3)(B), (C). This action
is accordingly not a ``rule'' as that term is used in the Congressional
Review Act, see 5 U.S.C. 804(3), and 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).
Accordingly, for the reasons stated in the preamble, the Attorney
General is amending part 0 of 28 CFR as follows:
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE
0
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.
Sec. 0.1 [Amended]
0
2. In Sec. 0.1, amend table 1 by removing the entry for ``Tax
Division.''
0
3. In Sec. 0.45:
0
a. Revise paragraphs (b) and (d);
0
b. Remove ``except as provided in Sec. 0.70(c)(2),'' from paragraph
(h);
0
c. Add paragraph (m).
The revisions and addition read as follows:
Sec. 0.45 General functions.
* * * * *
(b) Court of claims cases--litigation by and against the United
States in the Court of Claims, except cases assigned to the Environment
and Natural Resources Division by subpart L of this part.
* * * * *
(d) Fraud cases--civil claims arising from fraud on the Government
(other than antitrust and land frauds), including alleged claims under
the False Claims Act, the Program Fraud Civil Remedies Act of 1986, the
Surplus Property Act of 1944, the Anti-Kickback Act, the Contract
Settlement Act of 1944, the Contract Disputes Act of 1978, 19 U.S.C.
1592, and common law fraud.
* * * * *
(m) Civil tax litigation--prosecution and defense in all courts,
other than the Tax Court, of civil suits, and the handling of other
matters, arising under the internal revenue laws, and litigation
resulting from the taxing provisions of other Federal statutes (except
civil forfeiture and civil penalty matters arising under laws relating
to liquor, narcotics, gambling, and firearms assigned to the Criminal
Division by Sec. 0.55(d)); enforcement of tax liens, and mandamus,
injunctions, and other special actions or general matters arising in
connection with internal revenue matters; defense of actions arising
under 28 U.S.C. 2410 whenever the United States is named as a party to
an action as the result of the existence of a Federal tax lien,
including the defense of other actions arising under 28 U.S.C. 2410, if
any, involving the same property whenever a tax-lien action is pending
under that section; matters involving the immunity of the Federal
Government from State or local taxation (except actions to set aside ad
valorem taxes, assessments, special assessments, and tax sales of
Federal real property, and matters involving payments in lieu of
taxes), as well as State or local taxation involving contractors
performing contracts for or on behalf of the United States; and
appellate proceedings in connection with civil cases enumerated in this
paragraph, including petitions to review decisions of the Tax Court of
the United States.
0
4. In Sec. 0.55, remove the phrase ``, and tax fraud cases assigned to
the Tax Division by subpart N of this part'' in paragraph (b) and add
paragraph (w) to read as follows:
Sec. 0.55 General functions.
* * * * *
(w) All criminal proceedings arising under the internal revenue
laws.
0
5. In Sec. 0.65, revise paragraphs (a)(4)(iii) through (v) to read as
follows:
Sec. 0.65 General functions.
(a) * * *
(4) * * *
(iii) Suits and matters involving the foreclosure of mortgages and
other liens held by the United States, the same being specifically
assigned to the Civil Division;
(iv) Suits arising under 28 U.S.C. 2410 to quiet title or to
foreclose a mortgage or other lien, the same being specifically
assigned to the Civil Division;
(v) Matters involving the immunity of the Federal Government from
State and local taxation specifically delegated to the Civil Division
by Sec. 0.45.
* * * * *
Subpart M [Removed and Reserved]
0
6. Remove and reserve subpart M, consisting of Sec. Sec. 0.70 and
0.71.
Sec. 0.160 Offers [Amended]
0
7. In Sec. 0.160, remove the word ``Tax'' and add in its place the
word ``Civil'' in paragraph (b).
Appendix to Subpart Y [Amended]
0
8. Amend Appendix to subpart Y of part 0 by removing the undesignated
heading ``Tax Division'', Directive No. 83, and Tax Division Directive
No. 139.
0
9. Amend Sec. 0.175 by revising paragraph (b) to read as follows:
[[Page 57141]]
Sec. 0.175 Judicial and administrative proceedings.
* * * * *
(b) The Assistant Attorneys General or any Deputy Assistant
Attorney General of the Antitrust Division, the Civil Division, the
Civil Rights Division, and the Environment and Natural Resources
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.
* * * * *
Dated: December 5, 2025.
Pamela Bondi,
Attorney General.
[FR Doc. 2025-22449 Filed 12-9-25; 8:45 am]
BILLING CODE 4410-12-P; 4410-14-P
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</html>Indexed from Federal Register on December 10, 2025.
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