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UDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 31 - THE ATTORNEY GENERAL -HEAD- Sec. 504. Deputy Attorney General -STATUTE- The President may appoint, by and with the advice and consent of the Senate, a Deputy Attorney General. -SOURCE- (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 107-77, title VI, Sec. 612(c), Nov. 28, 2001, 115 Stat. 800; Pub. L. 107-273, div. B, title IV, Sec. 4004(f), Nov. 2, 2002, 116 Stat. 1812.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- 5 U.S.C. 294. Mar. 3, 1903, ch. 1006, Sec. 1 (so much of 2d par. under "Department of Justice" as provides for appointment, pay, and duties of an assistant to the Attorney General), 32 Stat. 1062. [Uncodified]. 1950 Reorg. Plan No. 2, Sec. 3, eff. May 24, 1950, 64 Stat. 1261. -------------------------------------------------------------------- The words "may appoint" are substituted for "is authorized to appoint". So much of the Act of Mar. 3, 1903, as relates to pay is omitted as superseded by Sec. 303(c) of the Act of Aug. 14, 1964, Pub. L. 88-426, 78 Stat. 416, which is codified in section 5314 of title 5, United States Code. PRIOR PROVISIONS A prior section 504, acts June 25, 1948, ch. 646, 62 Stat. 909; Mar. 18, 1959, Pub. L. 86-3, Sec. 11(b), 73 Stat. 9, related to tenure and oath of office of United States attorneys, prior to repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in sections 541 and 544 of this title by section 4(c) of Pub. L. 89-554. AMENDMENTS 2002 - Pub. L. 107-273 repealed Pub. L. 107-77, Sec. 612(c). See 2001 Amendment note below. 2001 - Pub. L. 107-77, Sec. 612(c), which directed amendment of section catchline by substituting "Attorneys" for "Attorney" and amendment of text by inserting "and a Deputy Attorney General for Combating Domestic Terrorism" after "General", was repealed by Pub. L. 107-273. POSITION RELATING TO COMBATING DOMESTIC TERRORISM Pub. L. 107-77, title VI, Sec. 612, Nov. 28, 2001, 115 Stat. 800, which had authorized appointment of a Deputy Attorney General for Combating Domestic Terrorism, if by June 30, 2002, the President had not submitted a proposal to restructure the Department of Justice to include a coordinator of Department of Justice activities relating to combating domestic terrorism, or if Congress had failed to enact legislation establishing such a new position, was repealed by Pub. L. 107-273, div. B, title IV, Sec. 4004(f), Nov. 2, 2002, 116 Stat. 1812. -End- -CITE- 28 USC Sec. 504a 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 31 - THE ATTORNEY GENERAL -HEAD- Sec. 504a. Associate Attorney General -STATUTE- The President may appoint, by and with the advice and consent of the Senate, an Associate Attorney General. -SOURCE- (Added Pub. L. 95-139, Sec. 1(a), Oct. 19, 1977, 91 Stat. 1171.) -End- -CITE- 28 USC Sec. 505 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 31 - THE ATTORNEY GENERAL -HEAD- Sec. 505. Solicitor General -STATUTE- The President shall appoint in the Department of Justice, by and with the advice and consent of the Senate, a Solicitor General, learned in the law, to assist the Attorney General in the performance of his duties. -SOURCE- (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- 5 U.S.C. 293. R.S. Sec. 347 (less last sentence). -------------------------------------------------------------------- So much of R.S. Sec. 347 as relates to the pay of the Solicitor General is omitted as superseded by Sec. 303(c) of the Act of Aug. 14, 1964, Pub. L. 88-426, 78 Stat. 416, which is codified in section 5314 of title 5, United States Code. PRIOR PROVISIONS A prior section 505, act June 25, 1948, ch. 646, 62 Stat. 909, related to residence of United States attorneys, prior to repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in section 545 of this title by section 4(c) of Pub. L. 89-554. -End- -CITE- 28 USC Sec. 506 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 31 - THE ATTORNEY GENERAL -HEAD- Sec. 506. Assistant Attorneys General -STATUTE- The President shall appoint, by and with the advice and consent of the Senate, ten Assistant Attorneys General, who shall assist the Attorney General in the performance of his duties. -SOURCE- (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 95-598, title II, Sec. 218, Nov. 6, 1978, 92 Stat. 2662.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- 5 U.S.C. 295. R.S. Sec. 348. July 11, 1890, ch. 667, Sec. 1 (words between 3d and 4th semicolons under "Department of Justice"), 26 Stat. 265. Mar. 3, 1903, ch. 1006, Sec. 1 (so much of 2d par. under "Department of Justice" as provides for appointment, pay, and duties of an additional Assistant Attorney General), 32 Stat. 1062. July 16, 1914, ch. 141, Sec. 1 (words between 3d and 4th semicolons under "Department of Justice"), 38 Stat. 497. Mar. 4, 1915, ch. 141, Sec. 1 (words between 3d and 4th semicolons under "Department of Justice"), 38 Stat. 1038. June 16, 1933, ch. 101, Sec. 16(b), 48 Stat. 308. Mar. 2, 1943, ch. 7, 57 Stat. 4. [Uncodified]. 1950 Reorg. Plan No. 2, Sec. 4, eff. May 24, 1950, 64 Stat. 1261. [Uncodified]. 1953 Reorg. Plan No. 4, Sec. 2, eff. June 20, 1953. 67 Stat. 636. 5 U.S.C. 295-1. Sept. 9, 1957, Pub. L. 85-315, Sec. 111, 71 Stat. 637. -------------------------------------------------------------------- The words "There shall be in the Department of Justice" are omitted as unnecessary as the title of the positions establishes their location in the Department of Justice. The position of sixth Assistant Attorney General, referred to in the Acts of July 16, 1914, and Mar. 4, 1915, was made a permanent position by the Act of Mar. 4, 1915, ch. 141, Sec. 6, 38 Stat. 1049. The number of Assistant Attorneys General referred to in the Act of Mar. 2, 1943, is changed from "six" to "nine" to reflect the three additional Assistant Attorneys General authorized by 1950 Reorg. Plan No. 2, 1953 Reorg. Plan No. 4, and the Act of Sept. 9, 1957. The words "learned in the law" are omitted as unnecessary. Such a requirement is not made of the Attorney General, United States attorneys, or United States judges. (See reviser's note under 28 U.S.C. 501, 1964 ed.) The reference in former section 295 of title 5 to the Assistant Attorneys General assisting the Solicitor General are omitted on authority of the transfer of functions made by 1950 Reorg. Plan No. 2 and 1953 Reorg. Plan No. 4. Provisions of 1950 Reorg. Plan No. 2, Sec. 4, and 1953 Reorg. Plan No. 4, Sec. 2, abolishing positions and transferring incumbents are omitted as executed. Provisions relating to pay of Assistant Attorneys General are omitted as superseded by Sec. 303(d) of the Act of August 14, 1964, Pub. L. 88-426, 78 Stat. 418, which is codified in section 5315 of title 5, United States Code. PRIOR PROVISIONS A prior section 506, act June 25, 1948, ch. 646, 62 Stat. 909, related to vacancies in the office of United States attorney, prior to repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in section 546 of this title by section 4(c) of Pub. L. 89-554. AMENDMENTS 1978 - Pub. L. 95-598 substituted "ten" for "nine". EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Nov. 6, 1978, see section 402(d) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. -End- -CITE- 28 USC Sec. 507 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 31 - THE ATTORNEY GENERAL -HEAD- Sec. 507. Assistant Attorney General for Administration -STATUTE- (a) The Attorney General shall appoint, with the approval of the President, an Assistant Attorney General for Administration, who shall perform such duties as the Attorney General may prescribe. (b) The position of Assistant Attorney General for Administration is in the competitive service. (c) Notwithstanding the provisions of section 901 of title 31, United States Code, the Assistant Attorney General for Administration shall be the Chief Financial Officer of the Department of Justice. -SOURCE- (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 111], Nov. 29, 1999, 113 Stat. 1535, 1501A-20.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- [Uncodified]. 1950 Reorg. Plan No. 2, Sec. 5 eff. May 24, 1950, 64 Stat. 1261. -------------------------------------------------------------------- The title of the position was changed to "Assistant Attorney General for Administration" by Sec. 307 of the Act of Aug. 14, 1964, Pub. L. 88-426, 78 Stat. 432. The words "competitive service" are substituted for "classified civil service" because the term "classified civil service" formerly used to designate the merit system established by the Civil Service Act of 1883 has become ambiguous due to the creation of the "classified" pay system. The term "competitive service" is now customarily used, and appears throughout title 5, United States Code, in place of "classified civil service". The words "There shall be in the Department of Justice" are omitted as unnecessary as the title of the position and the fact of appointment by the Attorney General establish the location of the position in the Department of Justice. The last 12 words of section 5 of the Reorganization Plan are omitted on authority of the Act of June 5, 1952, ch. 369, Sec. 1101 (3d proviso), 66 Stat. 121. The salary of the position is now fixed by Sec. 303(e) of the Act of Aug. 14, 1964, Pub. L. 88-426, 78 Stat. 420, which is codified in section 5316 of title 5, United States Code. PRIOR PROVISIONS A prior section 507, acts June 25, 1948, ch. 646, 62 Stat. 910; May 24, 1949, ch. 139, Sec. 71, 63 Stat. 100, related to duties of United States attorneys, and to supervision by the Attorney General, prior to repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in sections 509 and 547 of this title by section 4(c) of Pub. L. 89-554. AMENDMENTS 1999 - Subsec. (c). Pub. L. 106-113 added subsec. (c). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 7422. -End- -CITE- 28 USC Sec. 508 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 31 - THE ATTORNEY GENERAL -HEAD- Sec. 508. Vacancies -STATUTE- (a) In case of a vacancy in the office of Attorney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of section 3345 of title 5 the Deputy Attorney General is the first assistant to the Attorney General. (b) When by reason of absence, disability, or vacancy in office, neither the Attorney General nor the Deputy Attorney General is available to exercise the duties of the office of Attorney General, the Associate Attorney General shall act as Attorney General. The Attorney General may designate the Solicitor General and the Assistant Attorneys General, in further order of succession, to act as Attorney General. -SOURCE- (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 95-139, Sec. 2, Oct. 19, 1977, 91 Stat. 1171.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- [Uncodified]. R.S. Sec. 347 (last sentence). 1953 Reorg. Plan No. 4, Sec. 1, eff. June 20, 1953, 67 Stat. 636. -------------------------------------------------------------------- The last sentence of R.S. Sec. 347 is cited as authority inasmuch as the function contained therein was the function transferred to the Deputy Attorney General by 1953 Reorg. Plan No. 4. The word "may" is substituted for "have the power". The words "During any period of time" are omitted as unnecessary. PRIOR PROVISIONS A prior section 508, acts June 25, 1948, ch. 646, 62 Stat. 910; Mar. 2, 1955, ch. 9, Sec. 2(a), 69 Stat. 10; Oct. 11, 1962, Pub. L. 87-793, Sec. 1003(a), 76 Stat. 865; Aug. 14, 1964, Pub. L. 88-426, title III, Sec. 306(a)(1), 78 Stat. 428; Oct. 6, 1964, Pub. L. 88-631, Sec. 3(b), 78 Stat. 1008, related to salaries of United States attorneys, assistant United States attorneys, and special attorneys, prior to repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in section 548 of this title by section 4(c) of Pub. L. 89-554. AMENDMENTS 1977 - Subsec. (b). Pub. L. 95-139 substituted "the Associate Attorney General shall act as Attorney General. The Attorney General may designate the Solicitor General and the Assistant Attorneys General, in further order of succession, to act as Attorney General" for "the Assistant Attorneys General and the Solicitor General, in such order of succession as the Attorney General may from time to time prescribe, shall act as Attorney General". -End- -CITE- 28 USC Sec. 509 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 31 - THE ATTORNEY GENERAL -HEAD- Sec. 509. Functions of the Attorney General -STATUTE- All functions of other officers of the Department of Justice and all functions of agencies and employees of the Department of Justice are vested in the Attorney General except the functions - (1) vested by subchapter II of chapter 5 of title 5 in administrative law judges employed by the Department of Justice; (2) of the Federal Prison Industries, Inc.; and (3) of the Board of Directors and officers of the Federal Prison Industries, Inc. -SOURCE- (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 95-251, Sec. 2(a)(6), Mar. 27, 1978, 92 Stat. 183; Pub. L. 98-473, title II, Sec. 228(a), Oct. 12, 1984, 98 Stat. 2030; Pub. L. 107-273, div. A, title II, Sec. 204(d), div. B, title IV, Sec. 4003(b)(1), Nov. 2, 2002, 116 Stat. 1776, 1811.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- [Uncodified]. 1950 Reorg. Plan No. 2, Sec. 1, eff. May 24, 1950, 64 Stat. 1261. -------------------------------------------------------------------- The section is restated to allow incorporation into this chapter. [The Historical and Revision Notes for former section 507, from which this section is partially derived, is set out under section 547 of this title.] PRIOR PROVISIONS A prior section 509, act June 25, 1948, ch. 646, 62 Stat. 910, related to expenses of United States attorneys, prior to repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in section 549 of this title by section 4(c) of Pub. L. 89-554. AMENDMENTS 2002 - Par. (3). Pub. L. 107-273, Secs. 204(d), 4003(b)(1), amended par. (3) identically, striking out second period at end. 1984 - Pub. L. 98-473 inserted "and" at end of par. (2), substituted a period for "; and" at end of par. (3), and struck out par. (4) which related to functions of Board of Parole. 1978 - Par. (1). Pub. L. 95-251 substituted "administrative law judges" for "hearing examiners". EFFECTIVE DATE OF 1984 AMENDMENT Section 235(a)(1)(B)(ii)(IV) of Pub. L. 98-473 provided that the amendment made by Pub. L. 98-473 is effective Oct. 12, 1984. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and liabilities of the Domestic Emergency Support Teams of the Department of Justice, including the functions of the Attorney General relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 313(4), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. EMERGENCY PREPAREDNESS FUNCTIONS For assignment of certain emergency preparedness functions to the Attorney General, see Parts 1, 2, and 11 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare. -MISC2- AUTHORIZATION FOR ADDITIONAL ASSISTANT UNITED STATES ATTORNEYS FOR PROJECT SAFE NEIGHBORHOODS Pub. L. 107-273, div. A, title I, Sec. 104, Nov. 2, 2002, 116 Stat. 1766, provided that: "(a) In General. - The Attorney General shall establish a program for each United States Attorney to provide for coordination with State and local law enforcement officials in the identification and prosecution of violations of Federal firearms laws including school gun violence and juvenile gun offenses. "(b) Authorization for Hiring 94 Additional Assistant United States Attorneys. - There are authorized to be appropriated to carry out this section $9,000,000 for fiscal year 2002 to hire an additional Assistant United States Attorney in each United States Attorney Office." DEVELOPMENT AND SUPPORT OF CYBERSECURITY FORENSIC CAPABILITIES Pub. L. 107-56, title VIII, Sec. 816, Oct. 26, 2001, 115 Stat. 385, provided that: "(a) In General. - The Attorney General shall establish such regional computer forensic laboratories as the Attorney General considers appropriate, and provide support to existing computer forensic laboratories, in order that all such computer forensic laboratories have the capability - "(1) to provide forensic examinations with respect to seized or intercepted computer evidence relating to criminal activity (including cyberterrorism); "(2) to provide training and education for Federal, State, and local law enforcement personnel and prosecutors regarding investigations, forensic analyses, and prosecutions of computer-related crime (including cyberterrorism); "(3) to assist Federal, State, and local law enforcement in enforcing Federal, State, and local criminal laws relating to computer-related crime; "(4) to facilitate and promote the sharing of Federal law enforcement expertise and information about the investigation, analysis, and prosecution of computer-related crime with State and local law enforcement personnel and prosecutors, including the use of multijurisdictional task forces; and "(5) to carry out such other activities as the Attorney General considers appropriate. "(b) Authorization of Appropriations. - "(1) Authorization. - There is hereby authorized to be appropriated in each fiscal year $50,000,000 for purposes of carrying out this section. "(2) Availability. - Amounts appropriated pursuant to the authorization of appropriations in paragraph (1) shall remain available until expended." TRAINING OF GOVERNMENT OFFICIALS REGARDING IDENTIFICATION AND USE OF FOREIGN INTELLIGENCE Pub. L. 107-56, title IX, Sec. 908, Oct. 26, 2001, 115 Stat. 391, provided that: "(a) Program Required. - The Attorney General shall, in consultation with the Director of Central Intelligence, carry out a program to provide appropriate training to officials described in subsection (b) in order to assist such officials in - "(1) identifying foreign intelligence information in the course of their duties; and "(2) utilizing foreign intelligence information in the course of their duties, to the extent that the utilization of such information is appropriate for such duties. "(b) Officials. - The officials provided training under subsection (a) are, at the discretion of the Attorney General and the Director, the following: "(1) Officials of the Federal Government who are not ordinarily engaged in the collection, dissemination, and use of foreign intelligence in the performance of their duties. "(2) Offici

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