28 U.S.C. § 507 — Assistant Attorney General for Administra-

Page 171 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 507 So much of R.S. § 347 as relates to the pay of the So- licitor General is omitted as superseded by § 303(c) of the Act of Aug. 14, 1964, Pub.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 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, § 8(a), and reenactment in section 545 of this title by section 4(c) of Pub. L. 89–554. § 506. Assistant Attorneys General The President shall appoint, by and with the advice and consent of the Senate, 11 Assistant Attorneys General, who shall assist the Attor- ney General in the performance of his duties. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 95–598, title II, § 218, Nov. 6, 1978, 92 Stat. 2662; Pub. L. 109–177, title V, § 506(a)(2), Mar. 9, 2006, 120 Stat. 247.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 295. R.S. § 348. July 11, 1890, ch. 667, § 1 (words between 3d and 4th semi- colons under ‘‘Department of Justice’’), 26 Stat. 265. 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 additional Assistant Attorney Gen- eral), 32 Stat. 1062. July 16, 1914, ch. 141, § 1 (words between 3d and 4th semi- colons under ‘‘Department of Justice’’), 38 Stat. 497. Mar. 4, 1915, ch. 141, § 1 (words between 3d and 4th semi- colons under ‘‘Department of Justice’’), 38 Stat. 1038. June 16, 1933, ch. 101, § 16(b), 48 Stat. 308. Mar. 2, 1943, ch. 7, 57 Stat. 4. ..................... [Uncodified]. 1950 Reorg. Plan No. 2, § 4, eff. May 24, 1950, 64 Stat. 1261. ..................... [Uncodified]. 1953 Reorg. Plan No. 4, § 2, eff. June 20, 1953. 67 Stat. 636. ..................... 5 U.S.C. 295–1. Sept. 9, 1957, Pub. L. 85–315, § 111, 71 Stat. 637. The words ‘‘There shall be in the Department of Jus- tice’’ are omitted as unnecessary as the title of the po- sitions establishes their location in the Department of Justice. The position of sixth Assistant Attorney General, re- ferred 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, § 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 Attor- neys 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 unnec- essary. 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, § 4, and 1953 Reorg. Plan No. 4, § 2, abolishing positions and transfer- ring incumbents are omitted as executed. Provisions relating to pay of Assistant Attorneys General are omitted as superseded by § 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. Editorial Notes 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, § 8(a), and re- enactment in section 546 of this title by section 4(c) of Pub. L. 89–554. AMENDMENTS 2006—Pub. L. 109–177 substituted ‘‘11’’ for ‘‘ten’’. 1978—Pub. L. 95–598 substituted ‘‘ten’’ for ‘‘nine’’. Statutory Notes and Related Subsidiaries 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 Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. § 507. Assistant Attorney General for Administra- tion (a) The Attorney General shall appoint, with the approval of the President, an Assistant At- torney 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. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 111], Nov. 29, 1999, 113 Stat. 1535, 1501A–20.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... [Uncodified]. 1950 Reorg. Plan No. 2, § 5 eff. May 24, 1950, 64 Stat. 1261. The title of the position was changed to ‘‘Assistant Attorney General for Administration’’ by § 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 sys- tem established by the Civil Service Act of 1883 has be- come 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 serv- ice’’. The words ‘‘There shall be in the Department of Jus- tice’’ are omitted as unnecessary as the title of the po- sition and the fact of appointment by the Attorney General establish the location of the position in the De- partment 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, § 1101 (3d proviso), 66 Stat. 121. The salary of the position is now fixed by § 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. 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.