28 U.S.C. § 502 — Seal

Page 169 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 502 1983—Pub. L. 98–86, § 2, Aug. 26, 1983, 97 Stat. 492, added item 530. 1982—Pub. L. 97–258, § 2(g)(1)(A), Sept. 13, 1982, 96 Stat. 1060, substituted ‘‘Availability of appropriations’’ for ‘‘Appropriations for administrative expenses; notarial fees; meals and lodging of bailiffs’’ in item 524. Pub. L. 97–164, title I, § 118(b), Apr. 2, 1982, 96 Stat. 33, substituted ‘‘United States Claims Court or in United States Court of Appeals for the Federal Circuit’’ for ‘‘Court of Claims’’ in item 520. 1978—Pub. L. 95–598, title II, § 219(c), Nov. 6, 1978, 92 Stat. 2662, inserted reference to trustees in item 526. Pub. L. 95–521, title VI, § 603(b), Oct. 26, 1978, 92 Stat. 1875, added items 528 and 529. 1977—Pub. L. 95–139, § 1(b), Oct. 19, 1977, 91 Stat. 1171, added item 504a. 1975—Pub. L. 93–613, § 1(2), Jan. 2, 1975, 88 Stat. 1975, added item 527. 1966—Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 611, substituted ‘‘THE ATTORNEY GENERAL’’ for ‘‘UNITED STATES ATTORNEYS’’ in chapter heading, ‘‘Executive Department’’ for ‘‘Appointment of United States attorneys’’ in item 501, ‘‘Seal’’ for ‘‘Appoint- ment of assistant United States attorneys’’ in item 502, ‘‘Attorney General’’ for ‘‘Appointment of attorneys’’ in item 503, ‘‘Deputy Attorney General’’ for ‘‘Tenure and oath of office; removal’’ in item 504, ‘‘Solicitor Gen- eral’’ for ‘‘Residence’’ in item 505, ‘‘Assistant Attorney General’’ for ‘‘Vacancies’’ in item 506, ‘‘Assistant At- torney General for Administration’’ for ‘‘Duties; super- vision by Attorney General’’ in item 507, ‘‘Vacancies’’ for ‘‘Salaries’’ in item 508, ‘‘Functions of the Attorney General’’ for ‘‘Expenses’’ in item 509, ‘‘Delegation of au- thority’’ for ‘‘Clerical assistants and messengers’’ in item 510, and added items 511 to 526. § 501. Executive department The Department of Justice is an executive de- partment of the United States at the seat of Government. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 611.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 291 (less last 10 words). R.S. § 346 (less last 10 words). The words ‘‘There shall be’’, referring to the estab- lishment of the Department, are omitted as executed. Editorial Notes PRIOR PROVISIONS A prior section 501, acts June 25, 1948, ch. 646, 62 Stat. 909; Mar. 18, 1959, Pub. L. 86–3, § 11(a), 73 Stat. 9, related to appointment of United States attorneys, prior to re- peal by Pub. L. 89–554, § 8(a), and reenactment in sec- tion 541 of this title by section 4(c) of Pub. L. 89–554. Statutory Notes and Related Subsidiaries SERVICEMEMBERS AND VETERANS INITIATIVE Pub. L. 116–288, Jan. 5, 2021, 134 Stat. 4884, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Servicemembers and Veterans Initiative Act of 2020’. ‘‘SEC. 2. SERVICEMEMBERS AND VETERANS INI- TIATIVE. ‘‘(a) ESTABLISHMENT.—There is established the Servicemembers and Veterans Initiative within the Civil Rights Division of the Department of Justice. ‘‘(b) DUTIES.—The Servicemembers and Veterans Ini- tiative shall— ‘‘(1) serve as legal and policy advisor to the Attor- ney General on the Department of Justice’s efforts to enforce criminal and civil laws that impact servicemembers, veterans, and their families; ‘‘(2) develop policy recommendations for the Attor- ney General on how the Department of Justice may improve enforcement of Federal law to support servicemembers, veterans, and their families; ‘‘(3) serve as the liaison and point of contact be- tween the Department of Justice and the military de- partments; ‘‘(4) provide counsel to the Assistant Attorney Gen- eral for the Office of Justice Programs to ensure funding decisions take into account servicemembers, veterans, and their families; ‘‘(5) consult with components of the Department of Justice to promote the provision of civil legal aid to servicemembers, veterans, and their families; ‘‘(6) serve as a liaison and point of contact with the Consumer Protection Branch of the Civil Division of the Department of Justice, with respect to the pros- ecution of Federal crimes involving fraud that target servicemembers; and ‘‘(7) serve as a liaison and point of contact with other components of the Department of Justice as needed to support the enforcement of other Federal laws that protect servicemembers and veterans, as the Attorney General determines appropriate.’’ OFFICE OF JUSTICE FOR VICTIMS OF OVERSEAS TERRORISM Pub. L. 108–447, div. B, title I, § 126, Dec. 8, 2004, 118 Stat. 2872, provided that: ‘‘The Department of Justice shall establish an Office of Justice for Victims of Over- seas Terrorism.’’ SPECIFIC AUTHORIZATION OF APPROPRIATIONS REQUIRED FOR DEPARTMENT OF JUSTICE Pub. L. 94–503, title II, § 204, Oct. 15, 1976, 90 Stat. 2427, provided that: ‘‘No sums shall be deemed to be author- ized to be appropriated for any fiscal year beginning on or after October 1, 1978, for the Department of Justice (including any bureau, agency, or other similar sub- division thereof) except as specifically authorized by Act of Congress with respect to such fiscal year. Nei- ther the creation of a subdivision in the Department of Justice, nor the authorization of an activity of the De- partment, any subdivision, or officer thereof, shall be deemed in itself to be an authorization of appropria- tions for the Department of Justice, such subdivision, or activity, with respect to any fiscal year beginning on or after October 1, 1978.’’ § 502. Seal The Attorney General shall have a seal for the Department of Justice. The design of the seal is subject to the approval of the President. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 611.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 292. R.S. § 353. The section is rewritten to conform to other statutes authorizing departmental seals. The words ‘‘The seal heretofore provided for the office of the Attorney Gen- eral shall be’’ are omitted as obsolete. Editorial Notes PRIOR PROVISIONS A prior section 502, act June 25, 1948, ch. 646, 62 Stat. 909, related to appointment of assistant United States attorneys, prior to repeal by Pub. L. 89–554, § 8(a), and Page 170 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 503 reenactment in section 542 of this title by section 4(c) of Pub. L. 89–554. § 503. Attorney General The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney Gen- eral is the head of the Department of Justice. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 291 (last 10 words). R.S. § 346 (last 10 words). The words ‘‘The President shall appoint, by and with the advice and consent of the Senate’’ have been added to conform the section with the Constitution. See arti- cle II, section 2, clause 2. Editorial Notes PRIOR PROVISIONS A prior section 503, act June 25, 1948, ch. 646, 62 Stat. 909, related to appointment of attorneys to assist United States attorneys, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 543 of this title by section 4(c) of Pub. L. 89–554. Statutory Notes and Related Subsidiaries ACTIONS CHALLENGING APPOINTMENT OF ATTORNEY GENERAL ON GROUNDS OF VIOLATION OF CONSTITU- TIONAL PROVISIONS GOVERNING COMPENSATION AND OTHER EMOLUMENTS Pub. L. 93–178, § 2, Dec. 10, 1973, 87 Stat. 697, provided that: ‘‘(a) Any person aggrieved by an action of the Attor- ney General may bring a civil action in the appropriate district court to contest the constitutionality of the appointment and continuance in office of the Attorney General on the ground that such appointment and con- tinuance in office is in violation of article I, section 6, clause 2, of the Constitution. The United States district courts shall have exclusive jurisdiction, without regard to the sum or value of the matter in controversy, to de- termine the validity of such appointment and continu- ance in office. ‘‘(b) Any action brought under this section shall be heard and determined by a panel of three judges in ac- cordance with the provisions of section 2284 of title 28, United States Code. Any appeal from the action of a court convened pursuant to such section shall lie to the Supreme Court. ‘‘(c) Any judge designated to hear any action brought under this section shall cause such action to be in every way expedited.’’ § 504. Deputy Attorney General The President may appoint, by and with the advice and consent of the Senate, a Deputy At- torney General. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 107–77, title VI, § 612(c), Nov. 28, 2001, 115 Stat. 800; Pub. L. 107–273, div. B, title IV, § 4004(f), Nov. 2, 2002, 116 Stat. 1812.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 294. Mar. 3, 1903, ch. 1006, § 1 (so much of 2d par. under ‘‘De- partment of Justice’’ as pro- vides for appointment, pay, and duties of an assistant to the Attorney General), 32 Stat. 1062. ..................... [Uncodified]. 1950 Reorg. Plan No. 2, § 3, eff. May 24, 1950, 64 Stat. 1261. The words ‘‘may appoint’’ are substituted for ‘‘is au- thorized to appoint’’. So much of the Act of Mar. 3, 1903, as relates to pay is omitted as superseded by § 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. Editorial Notes PRIOR PROVISIONS A prior section 504, acts June 25, 1948, ch. 646, 62 Stat. 909; Mar. 18, 1959, Pub. L. 86–3, § 11(b), 73 Stat. 9, related to tenure and oath of office of United States attorneys, prior to repeal by Pub. L. 89–554, § 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, § 612(c). See 2001 Amendment note below. 2001—Pub. L. 107–77, § 612(c), which directed amend- ment of section catchline by substituting ‘‘Attorneys’’ for ‘‘Attorney’’ and amendment of text by inserting ‘‘and a Deputy Attorney General for Combating Domes- tic Terrorism’’ after ‘‘General’’, was repealed by Pub. L. 107–273. Statutory Notes and Related Subsidiaries POSITION RELATING TO COMBATING DOMESTIC TERRORISM Pub. L. 107–77, title VI, § 612, Nov. 28, 2001, 115 Stat. 800, which had authorized appointment of a Deputy At- torney General for Combating Domestic Terrorism, if by June 30, 2002, the President had not submitted a pro- posal to restructure the Department of Justice to in- clude a coordinator of Department of Justice activities relating to combating domestic terrorism, or if Con- gress had failed to enact legislation establishing such a new position, was repealed by Pub. L. 107–273, div. B, title IV, § 4004(f), Nov. 2, 2002, 116 Stat. 1812. § 504a. Associate Attorney General The President may appoint, by and with the advice and consent of the Senate, an Associate Attorney General. (Added Pub. L. 95–139, § 1(a), Oct. 19, 1977, 91 Stat. 1171.) § 505. Solicitor General 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 per- formance of his duties. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 293. R.S. § 347 (less last sentence).