§ 0.0

Supersedure of prior documents and exceptions.

(a) Supersedure of documents relating to departmental organization and functions. The following-described orders are incorporated in this part and are hereby superseded:

(1) No. 175-59 of January 19, 1959 (effective April 1, 1959), relating to the organization of the Department of Justice (24 F.R. 2452).

(2) No. 211-60 of September 12, 1960, containing amendments to Order No. 175-59 of January 19, 1960 (25 F.R. 8967).

(3) No. 218-61 of January 6, 1961, relating to apportionment, reapportionment, and allotment of appropriations (26 F.R. 311).

(4) No. 238-61 of March 17, 1961, relating to President's Committee on Equal Employment Opportunity (26 F.R. 2534).

(5) No. 241-61 of March 29, 1961, authorizing Assistant Attorneys General to accept certain offers in compromise (26 F.R. 2808).

(6) No. 245-61 of May 9, 1961, providing for the performance of the duties of certain offices in case of vacancy therein (26 F.R. 4177).

(7) No. 247-61 of August 10, 1961, authorizing officers of Immigration and Naturalization Service to perform functions of deputy marshals while accompanying commercial aircraft (26 F.R. 7614).

(8) No. 249-61 of September 1, 1961, providing for transfer of the Office of Alien Property to Civil Division (26 F.R. 8400).

(9) No. 253-61 of November 2, 1961, delegating responsibility for perform

ance of certain functions relating to the compensation of federal prisoners for injuries (26 F.R. 10574).

(10) No. 259-62 of December 28, 1961, concerning responsibility for performance of certain functions relating to the Immigration and Nationality Laws (27 F.R.538).

(11) No. 264-62 of March 19, 1962, providing for resolution of disagreements concerning assignment of mail or cases.

(12) No. 270-62 of May 8, 1962, relating to advance and evacuation payments and special allowances.

Any existing delegation of authority made pursuant to the foregoing superseded orders shall continue in force and effect until modified or revoked: Provided, That nothing in this section shall be construed to modify the provisions of any other part of this title, or to modify any orders or regulations of the Attorney General issued pursuant to Executive Order No. 10450 of April 27, 1953, or No. 10501 of November 5, 1953, as amended.

(b) Existing delegations or assignments to U.S. Attorneys or U.S. Marshals. Unless otherwise indicated herein this part shall not be construed as superseding any part of any document making an assignment or delegation to United States Attorneys or United States Marshals.

Subpart A-Organizational Structure of the Department of Justice

§ 0.1 Organizational units.

The Department of Justice shall consist of the following principal offices, divisions, bureaus, and boards:

§ 0.5

Attorney General.

The Attorney General shall:

(a) Supervise and direct the administration and operation of the Department of Justice, including the offices of United States Attorneys and United States Marshals, which are within the Department of Justice.

(b) Represent the United States in legal matters generally.

(c) Furnish advice and opinions, formal and informal, on legal matters to the President and the Cabinet and to the heads of the executive departments and agencies of the Government, as provided by law.

(d) Appear in person to represent the Government in the Supreme Court of the United States, or in any other court, in which he may deem it appropriate.

(e) Take possession and dispose of certain unclaimed, privately-owned, personal property (including abandoned property), under the authority delegated to him by the Administrator of General Services (16 F.R. 7335).

(f) Designate, pursuant to Executive Orders No. 9788 of October 4, 1946, and No. 10254 of June 15, 1951, officers and agencies of the Department of Justice to

The Executive Assistant to the Attorney General established in the Office of the Attorney General shall:

(a) Assist the Attorney General in the review of Executive orders, opinions, interpretations, decisions of the Board of Immigration Appeals, pardon matters, antitrust complaints and consent decrees, contracts, agreements, and proposed offers in compromise, and other matters submitted for the Attorney General's action.

(b) Exercise the power and authority vested in the Attorney General by section 5003 of title 18 of the United States Code, upon certification by the Director of the Bureau of Prisons that proper and adequate treatment facilities and personnel are available, to contract with State or Territorial officials for the custody, care, subsistence, education, treatment, and training of State or Territorial prisoners.

(c) Perform such other duties and functions as may be specially assigned from time to time by the Attorney General.

$ 0.7

Director of Public Information. There shall be in the Office of the Attorney General a Director of Public Information who shall:

(a) Handle matters pertaining to relations with the public generally.

(b) Disseminate information to the press, the radio and television services, the public, members of Congress, officials of government, schools, colleges, and civic organizations.

(c) Coordinate the relations of the Department of Justice with news media. (d) Serve as a central agency for information relating to the work and activities of all agencies of the Department.

(e) Prepare public statements and news releases.

(f) Coordinate departmental publications.

§ 0.8 Committee on Incentive Awards.

The Committee on Incentive Awards shall be a part of the Office of the Attorney General and shall:

(a) Consist of the Deputy Attorney General, who shall be the chairman thereof, the Executive Assistant to the Attorney General, the Director of the Federal Bureau of Investigation, and the Assistant Attorney General for Administration, who shall be the Secretary of the Committee.

(b) Consider and make recommendations to the Attorney General concerning honorary awards and cash awards in excess of $500 to be granted for suggestions or inventions, sustained superior performance, or special acts or services in the public interest.

(c) Consider and make recommendations to the Attorney General for transmittal to the Civil Service Commission and the President for Presidential awards under section 304 (b) of the Government Employees Incentive Awards Act, 68 Stat. 1113.

(d) Act upon recommendations for outstanding performance ratings under the Performance Rating Plan of the Department.

§ 0.9 Young American Medals Commit

tee.

There shall be in the Office of the Attorney General a Young American Medals Committee, which shall be composed of three members, one of whom shall be the Director of Public Information, who shall be the Executive Secretary of the Committee. The Chairman of the Committee shall be designated by the Attorney General. The Committee shall issue regulations relating to the establishment of the Young American Medal for Bravery and Young American Medal for Service provided for by the act of August 3, 1950, 64 Stat. 397, and governing the requirements and procedures for the award of such medals. The regulations of the Committee in effect on the effective date of this part shall continue in effect until amended, modified, or revoked by the Committee.

The Deputy Attorney General, the Solicitor General, and the Assistant Attorney General in charge of the Office of Legal Counsel are individually authorized to perform the functions vested in the Attorney General by section 2 of Executive Order No. 11030, relating to the approval of proposed Executive orders and proclamtions as to form and legality. Each of those officers is also authorized to approve as to form and legality other proposed Presidential documents which are submitted for the consideration of the Attorney General in advance of their being presented for the consideration of the President.

[Order No. 276-62, 27 F.R. 6735, July 17, 1962]

Subpart C-Office of the Deputy
Attorney General

§ 0.15 Deputy Attorney General.

The Deputy Attorney General is authorized to exercise all the power and authority of the Attorney General specified in 0.5 of Subpart B of this part, unless any such power or authority is required by law to be exercised by the Attorney General personally. The Deputy Attorney General shall act as Attorney General and perform all the duties of the Office of Attorney General in case of a vacancy in that office or in case of the absence or disability of the Attorney General and shall:

(a) Maintain liaison between the Department and the Congress.

(b) Assist the Attorney General in the over-all supervision and direction of the Department, including coordination of the activities of the departmental divisions and other units.

(c) Assist the Attorney General in the formulation of departmental policies and programs, and in the development of ways and means of effectuating them.

(d) Keep currently informed concerning the operations of the Department, and bring to the consideration of the Attorney General matters requiring his personal attention or action.

(e) Administer the Attorney General's Recruitment Program for Honor Law Graduates.

(f) Approve Incentive Awards.

(g) Prepare, for the consideration of the Attorney General, recommendations for Presidential appointments to judicial positions and positions within the Department.

(h) Draft proposed departmental legislation, and except as provided in § 0.105 (h), prepare and submit reports and recommendations on pending legislation, in response to requests of Congressional committees or other agencies, and on enrolled bills.

Subject to the general supervision and direction of the Attorney General, the following-described matters are as

signed to, and shall be conducted, handled, or supervised by, the Solicitor General, in consultation with each agency or official concerned:

(a) Conducting, or assigning and supervising, all Supreme Court cases, including appeals, petitions for and in opposition to certiorari, briefs and arguments, and, in accordance with § 0.163, settlement thereof.

(b) Authorizing or declining to authorize appeals by the Government to all appellate courts (including petitions for rehearing en banc) and petitions to such courts for the issuance of extraordinary writs.

(c) Authorizing the filing of all briefs amicus curiae by the Government in all appellate courts.

(d) Surveying and listing appellate cases in the courts of appeals in which the Government is participating.

[Order No. 271-62, 27 F.R. 5162, June 1, 1962, as amended by Order No. 395-68, 33 F.R. 8339, June 5, 1968]

99-163 O-69-2

following-described matters are assigned to, and shall be conducted, handled, or supervised by, the Assistant Attorney General in charge of the Office of Legal Counsel:

(a) Preparing the formal opinions of the Attorney General; rendering informal opinions and legal advice to the various agencies of the Government; and assisting the Attorney General in the performance of his functions as legal adviser to the President and as a member of, and legal adviser to, the Cabinet.

(b) Preparing and making necessary revisions of proposed Executive orders and proclamations, and advising the Attorney General as to their form and legality prior to their transmission by the Attorney General to the President; and performing like functions with respect to regulations and other similar matters which require the approval of the President or the Attorney General.

(c) Approving proposed orders of the Attorney General, and orders which require the approval of the Attorney General, as to form and legality and as to consistency and conformity with existing orders and memoranda.

(d) [Reserved]

(e) Except as to proposed legislation, acting in a liaison capacity for cooperation with the Council of State Governments.

(f) Coordinating the work of the Department of Justice with respect to the participation of the United States in the United Nations and related international organizations.

(g) Rendering opinions to the Attorney General and to the heads of the various organizational units of the Department on questions of law arising in the administration of the Department.

(h) Coordinating the implementation of recommendations, pertinent to the operations of the Department of Justice, made in the Report on Legal Services and procedure by the Commission on Organization of the Executive Branch of the Government.

(i) When requested, advising the Attorney General in connection with his review of decisions of the Board of Immigration Appeals and other organizational units of the Department.

(j) Designating within the Office of Legal Counsel (1) a liaison officer, and an alternate, as a representative of the

Department in all matters concerning the filing of departmental documents with the Office of the Federal Register, and (2) a certifying officer, and an alternate, to certify copies of documents (except those issued by the Commissioner of Immigration and Naturalization or his designee) required to be filed with the Office of the Federal Register (1 CFR 1.21).

(k) Designating a representative and an alternate representative to serve on the Interagency Committee on International Athletics established by section 1(a) of Executive Order No. 11117 of August 14, 1963.

(1) Providing guidance and assistance to personnel of the Department of Justice in matters relating to ethical conduct, particularly matters subject to the provisions of the conflict of interest laws, Executive Order No. 11222 of May 8, 1965, or Part 45 of this title.

[Order No. 271-62, 27 F.R. 5162, June 1, 1962, as amended by Order No. 303-63, 28 F.R. 9387, Aug. 27, 1963; Order No. 343-65, 30 F.R. 7599, June 11, 1965; Order No. 385-67, 32 F.R. 15425, Nov. 4, 1967]

§ 0.26 Conscientious Objector Section.

There shall be in the Office of Legal Counsel a Conscientious Objector Section, which shall, under the general supervision and direction of the Office of Legal Counsel, carry out the functions, duties, and responsibilities of the Department of Justice arising under or pursuant to section 6(j) of the Universal Military Training and Service Act, as amended (50 U.S.C. App. 456(j)), in accordance with the Attorney General's Order No. 118-56 of June 9, 1956, and such other orders as the Attorney General may issue from time to time.

§ 0.27 Office of Administrative Procedure.

There shall be in the Office of Legal Counsel an Office of Administrative Procedure which shall, under the administrative direction of the Assistant Attorney General in charge of the Office of Legal Counsel, carry out the functions and duties assigned to it by the Attorney General's Order No. 142-57 of February 6, 1957, and such other functions and duties as the Attorney General may from time to time assign to it.