28 U.S.C. § 508 — Vacancies

Page 172 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 507A Editorial Notes PRIOR PROVISIONS A prior section 507, acts June 25, 1948, ch. 646, 62 Stat. 910; May 24, 1949, ch. 139, § 71, 63 Stat. 100, related to du- ties of United States attorneys, and to supervision by the Attorney General, prior to repeal by Pub. L. 89–554, § 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). § 507A. Assistant Attorney General for National Security (a) Of the Assistant Attorneys General ap- pointed under section 506, one shall serve, upon the designation of the President, as the Assist- ant Attorney General for National Security. (b) The Assistant Attorney General for Na- tional Security shall— (1) serve as the head of the National Secu- rity Division of the Department of Justice under section 509A of this title; (2) serve as primary liaison to the Director of National Intelligence for the Department of Justice; and (3) perform such other duties as the Attor- ney General may prescribe. (Added Pub. L. 109–177, title V, § 506(a)(1), Mar. 9, 2006, 120 Stat. 247.) § 508. Vacancies (a) In case of a vacancy in the office of Attor- ney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of sec- tion 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 Gen- eral, the Associate Attorney General shall act as Attorney General. The Attorney General may designate the Solicitor General and the Assist- ant Attorneys General, in further order of suc- cession, to act as Attorney General. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 95–139, § 2, Oct. 19, 1977, 91 Stat. 1171.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... [Uncodified]. R.S. § 347 (last sentence). 1953 Reorg. Plan No. 4, § 1, eff. June 20, 1953, 67 Stat. 636. The last sentence of R.S. § 347 is cited as authority in- asmuch as the function contained therein was the func- tion 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. Editorial Notes PRIOR PROVISIONS A prior section 508, acts June 25, 1948, ch. 646, 62 Stat. 910; Mar. 2, 1955, ch. 9, § 2(a), 69 Stat. 10; Oct. 11, 1962, Pub. L. 87–793, § 1003(a), 76 Stat. 865; Aug. 14, 1964, Pub. L. 88–426, title III, § 306(a)(1), 78 Stat. 428; Oct. 6, 1964, Pub. L. 88–631, § 3(b), 78 Stat. 1008, related to salaries of United States attorneys, assistant United States attor- neys, and special attorneys, prior to repeal by Pub. L. 89–554, § 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 As- sociate Attorney General shall act as Attorney Gen- eral. The Attorney General may designate the Solicitor General and the Assistant Attorneys General, in fur- ther 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’’. § 509. Functions of the Attorney General All functions of other officers of the Depart- ment of Justice and all functions of agencies and employees of the Department of Justice are vested in the Attorney General except the func- tions— (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. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 95–251, § 2(a)(6), Mar. 27, 1978, 92 Stat. 183; Pub. L. 98–473, title II, § 228(a), Oct. 12, 1984, 98 Stat. 2030; Pub. L. 107–273, div. A, title II, § 204(d), div. B, title IV, § 4003(b)(1), Nov. 2, 2002, 116 Stat. 1776, 1811.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... [Uncodified]. 1950 Reorg. Plan No. 2, § 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.] Editorial Notes 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, § 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, §§ 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 ‘‘administra- tive law judges’’ for ‘‘hearing examiners’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–473, title II, § 235(a)(1)(B)(ii)(IV), Oct. 12, 1984, 98 Stat. 2032, provided that the amendment made by Pub. L. 98–473 is effective Oct. 12, 1984.