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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 28 - Judicial Administration |
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Chapter I - Department of Justice |
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Part 0 - Organization of the Department of Justice |
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Subpart C - Office of the Deputy Attorney General |
§ 0.15 - Deputy Attorney General.
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§ 0.15 Deputy Attorney General.
(a) The Deputy Attorney General is authorized to exercise all the power and authority of the Attorney General, unless any such power or authority is required by law to be exercised by the Attorney General personally.
(b) The Deputy Attorney General shall advise and assist the Attorney General in formulating and implementing Department policies and programs and in providing overall supervision and direction to all organizational units of the Department. Subject to the general supervision of the Attorney General, the Deputy Attorney General shall direct the activities of organizational units as assigned. In addition, the Deputy Attorney General shall:
(1) Except as assigned to the Associate Attorney General by § 0.19(a)(1), exercise the power and authority vested in the Attorney General to take final action in matters pertaining to:
(i) The appointment, employment, pay, separation, and general administration of personnel, including attorneys, in the Senior Executive Service or the equivalent; Senior-Level and Scientific and Professional positions; and of attorneys and law students regardless of grade or pay in the Department.
(ii) The appointment of special attorneys and special assistants to the Attorney General (28 U.S.C. 515(b));
(iii) The appointment of Assistant U.S. Trustees and fixing of their compensation; and
(iv) The approval of the appointment by U.S. Trustees of standing trustees and the fixing of their maximum annual compensation and percentage fees as provided in 28 U.S.C. 587(e).
(v) The appointment, employment, separation, and general administration of Assistant United States Attorneys and other attorneys to assist United States Attorneys when the public interest so requires and the fixing of their salaries.
(2) Administer the Department's recruitment programs for law graduates and law students.
(3) Coordinate Departmental liaison with White House Staff and the Executive Office of the President.
(4) Coordinate and control the Department's reaction to civil disturbances and terrorism.
(5) Perform such other duties and functions as may be assigned from time to time by the Attorney General.
(c) The Deputy Attorney General may redelegate the authority provided in paragraphs (b)(1)(i), (ii), (iii), (v), and paragraph (b)(2) of this section to take final action in matters pertaining to the:
(1) Appointment, employment, pay, separation, and general administration of personnel, including attorneys, in the Senior Executive Service or the equivalent, and Senior-Level and Scientific and Professional positions;
(2) Appointment, employment, pay, separation, and general administration of attorneys and law students regardless of grade or pay;
(3) Appointment of special attorneys and special assistants to the Attorney General pursuant to 28 U.S.C. 515(b);
(4) Appointment of Assistant United States Trustees and the fixing of their compensation;
(5) Appointment, employment, separation, and general administration of Assistant United States Attorneys and other attorneys to assist United States Attorneys when the public interest so requires and the fixing of their salaries; and
(6) Administration of the Department's recruitment programs for law graduates and law students.
(d) The Deputy Attorney General may redelegate the authority provided in paragraph (b)(1)(iv) of this section to take final action in matters pertaining to the approval of the appointment by U.S. Trustees of standing trustees and the fixing of their maximum annual compensation and percentage fees as provided in 28 U.S.C. 587(e) to the Director of the Executive Office for U.S. Trustees.
(e) The officials to whom the Deputy Attorney General delegates authority under paragraph (c) of this section and any of the officials who may be otherwise authorized by the Deputy Attorney General to perform any other attorney personnel duties may redelegate those authorities and duties.
(f) The Deputy Attorney General is authorized, and may delegate authority to the Director of the Asylum Policy and Review Unit within the Office of Legal Policy, to:
(1) Compile and disseminate to Immigration and Naturalization Service (INS) officers information concerning the persecution of persons in countries on account of race, religion, nationality, membership in a particular social group, or political opinion.
(2) Review cases decided by the Board of Immigration Appeals pursuant to 8 CFR 3.1(h)(1)(i);
(3) Review INS asylum decisions in cases which the Deputy Attorney General directs INS to refer to him.
(4) Assist INS in conducting training concerning asylum and assist in resolving questions of policy that may arise.
(g) The Deputy Attorney General is authorized to exercise the authority vested in the Attorney General under section 528(a), Public Law 101-509, to accept from federal departments and agencies the services of attorneys and non-law enforcement personnel to assist the Department of Justice in the investigation and prosecution of fraud or other criminal or unlawful activity in or against any federally insured financial institution or the Resolution Trust Corporation, and to supervise such personnel in the conduct of such investigations and prosecutions.
(h) [Reserved]
[Order No. 960-81, 46 FR 52340, Oct. 27, 1981]