[Title 28 CFR O]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 0 - ORGANIZATION OF THE DEPARTMENT OF JUSTICE]
[Subpart O - Justice Management Division]
[From the U.S. Government Printing Office]
28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseJustice Management DivisionOSubpart OJUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICEORGANIZATION OF THE DEPARTMENT OF JUSTICE
Subpart O--Justice Management Division
Sec. 0.75 Policy functions.
The Assistant Attorney General for Administration shall head the
Justice Management Division and shall provide advice relating to basic
Department policy for budget and financial management, program
evaluation, auditing, personnel management and training, procurement,
information processing and telecommunications, security and for all
matters pertaining to organization, management, and administration. The
following matters are assigned to, and shall be conducted, handled, or
supervised by, the Assistant Attorney General for Administration:
(a) Conduct, direct, review, and evaluate management studies and
surveys of the Department's organizational structure, functions, and
programs, operating procedures and supporting systems, and management
practices throughout the Department; and make recommendations to reduce
costs and increase productivity.
(b) Supervise, direct, and review the preparation, justification and
execution of the Department of Justice budget, including the
coordination and control of the programming and reprogramming of funds.
(c) Review, analyze, and coordinate the Department's programs and
activities to ensure that the Department's use of resources and
estimates of future requirements are consistent with the policies,
plans, and mission priorities of the Attorney General.
(d) Plan, direct, and coordinate Department-wide personnel
management programs, and develop and issue Department-wide policy in all
personnel program areas, including training, position classification and
pay administration, staffing, employee performance evaluation, employee
development, employee relations and services, employee recognition and
incentives, equal employment opportunity programs, including the equal
opportunity recruitment program (5 U.S.C. 7201), personnel program
evaluation, labor management relations, adverse action hearings and
appeals, employee grievances, and employee health programs.
(e) Develop and direct Department-wide financial management
policies, programs, procedures, and systems including financial
accounting, planning, analysis, and reporting.
(f) Supervise and direct the operation of the Department's central
payroll system, automated information services, publication services,
library services and any other Department-wide central services which
are established by or assigned to the Justice Management Division.
(g) Formulate and administer the General Administration
Appropriation of the Department's budget.
(h) Formulate Department-wide audit policies, standards and
procedures; develop, direct and supervise independent and comprehensive
internal audits, including examinations authorized by 28 U.S.C. 526, of
all organizations, programs, and functions of the Department, and audits
of expenditures made under the Department's contracts and grants to
ensure compliance with laws, regulations and generally accepted
accounting principles; economy and efficiency in operation; and that
desired results are being achieved.
(i) Develop and direct a Department-wide directives management
program and administer the directives management system.
(j) Plan, direct, administer, and monitor compliance with
Department-wide policies, procedures, and regulations concerning
records, reports, procurement, printing, graphics, audiovisual
activities (including the approval or disapproval of production and
equipment requests), forms management, supply management, motor
vehicles, real and personal property, space assignment and utilization,
and all other administrative services functions.
(k) Formulate Department policies, standards, and procedures for
information systems and the management and use of automatic data
processing equipment; review the use and performance of information
systems with respect to Department objectives, plans, policies, and
procedures; provide technical leadership and support to new Department-
wide information systems; review and approve all contracts for
information processing let by the Department, and provide the final
review and approval of systems and procedures and standards for use of
data elements and codes.
(l) Formulate policies, standards, and procedures for Department
telecommunications systems and equipment and review their
(m) Provide computer and digital telecommunications services on an
equitable resource-sharing basis to all organizational units within the
(n) Formulate Department policies for the use of consultants and
non-personal service contracts, review, and approve all nonpersonal
service contracts, and review the implementation of Department policies.
(o) Serve as liaison with state and local governments on management
affairs, and coordinate the Department's participation in Federal
regional interagency bodies.
(p) Direct all Department security programs including personnel,
physical, document, information processing and telecommunications,
special intelligence, and employee health and safety programs and
formulate and implement Department defense mobilization and contingency
(q) Review legislation for potential impact on the Department's
(r) Develop and implement a legal information coordination system
for the use of the Department of Justice and, as appropriate, the
Federal Government as a whole.
[Order No. 543-73, 38 FR 29585, Oct. 26, 1973, as amended by Order No.
565-74, 39 FR 15875, May 6, 1974; Order No. 699-77, 42 FR 15315, Mar.
21, 1977; Order No. 722-77, 42 FR 25499, May 18, 1977; Order No. 960-81,
46 FR 52346, Oct. 27, 1981]
Sec. 0.76 Specific functions.
The functions delegated to the Assistant Attorney General for
Administration by this subpart O shall also include the following
specific policy functions:
(a) Directing the Department's financial management operations,
including control of the accounting for appropriations and expenditures,
employment limitations, voucher examination and audit, overtime pay,
establishing per diem rates, promulgation of policies for travel,
transportation, and relocation expenses, and issuance of necessary
regulations pertaining thereto.
(b) Submission of requests to the Office of Management and Budget
for apportionment or reapportionment of appropriations, including the
determination, whenever required, that such apportionment or
reapportionment indicates the necessity for the submission of a request
for a deficiency or supplemental estimate, and to make allotments to
organizational units of the Department of funds made available to the
Department within the limits of such apportionments or reapportionments
(31 U.S.C. 665).
(c) Approving per diem allowances for travel by airplane, train or
boat outside the continental United States in accordance with paragraph
1-7.2 of the Federal Travel Regulations (FPMR 101-7).
(d) Exercising the claims settlement authority under the Federal
Claims Collection Act of 1966 (31 U.S.C. 952).
(e) Authorizing payment of actual expense of subsistence (5 U.S.C.
(f) Prescribing regulations providing for premium pay pursuant to 5
(g) Settling and authorizing payment of employee claims under the
Military and Civilian Employees' Claims Act of 1964, as amended (31
(h) Submitting requests to the Comptroller General for decisions (31
U.S.C. 74, 82d) and deciding questions involving the payment of $25 or
less (Comp. Gen. B-161457, July 14, 1976).
(i) Making determinations with respect to employment and wages under
section 3122 of the Federal Insurance Contributions Act (26 U.S.C.
(j) Excluding the Office of Justice Assistance, Research and
Statistics, supervising and directing the Department's procurement and
contracting functions and assuring that equal employment opportunity is
practiced by the Department's contractors and subcontractors and in
federally assisted programs under the Department's control.
(k) Designating Contracts Compliance Officers pursuant to Executive
Order 11246, as amended.
(l) Making the certificate required with respect to the necessity
for including illustrations in printing (44 U.S.C. 1104).
(m) Making the certificates with respect to the necessity of long
distance telephone calls (31 U.S.C. 680a).
(n) Making certificates of need for space (68 Stat. 518, 519).
(o) Exercising, except for the authority conferred in
Secs. 0.15(b)(1), 0.19(a)(1), 0.137, and 0.138 of this part, the power
and authority vested in the Attorney General to take final action on
matters pertaining to the employment, separation, and general
administration of personnel in General Schedule grade GS-1 through GS-
15, and in wage board positions; classify positions in the Department
under the General Schedule and wage board systems regardless of grade;
postaudit and correct any personnel action within the Department; and
inspect at any time any personnel operations of the various
organizational units of the Department.
(p) Selecting and assigning employees for training by, in, or
through non-Government facilities, paying the expenses of such training
or reimbursing employees therefor, and preparing and submitting the
required annual report to the Office of Personnel Management (5 U.S.C.
(q) Exercising authority for the temporary employment of experts or
consultants of organizations thereof, including stenographic reporting
services (5 U.S.C. 3109(b)).
(r) Providing assistance in furnishing information to the public
under the Public Information Section of the Administrative Procedure Act
(5 U.S.C. 552).
(s) Representing the Department in its contacts on matters relating
to administration and management with the Congressional Appropriations
Committees, Office of Management and Budget, the General Accounting
Office, the Office of Personnel Management, the General Services
Administration, the Joint Committee on Printing, the Government Printing
Office and all other Federal departments and agencies.
(t) Taking final action, including making all required
determinations and findings, in connection with the acquisition of real
property for use by the Department of Justice.
(u) Perform functions with respect to the operation, maintenance,
repair, preservation, alteration, furnishing, equipment and custody of
buildings occupied by the Department of Justice as delegated by the
Administrator of the General Services Administration.
(v) Implementing Office of Management and Budget Circular No. A-76,
``Performance of Commercial Activities''.
[Order No. 543-73, 38 FR 29585, Oct. 26, 1973]
Editorial Note: For Federal Register citations affecting Sec. 0.76,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and on GPO Access.
Sec. 0.77 Operational functions.
The Assistant Attorney General for Administration shall provide all
direct administrative support services to the Offices, Boards and
Divisions of the Department and to the U.S. Marshals Service, except
where independent administrative authority has been conferred. These
services shall include the following:
(a) Planning, directing and coordinating the personnel management
program; providing personnel services including employment and staffing,
employee relations, and classification, and including the employment,
separation and general administration of employees, except attorneys, in
Schedule grades GS-15 and below, or equivalent pay levels.
(b) Formulating policies and plans for efficient administrative
management and organization and developing and coordinating all
management studies and reports on the operations of the Offices,
Divisions and Boards.
(c) Planning, justifying, and compiling the annual and supplemental
budget estimates of the Offices, Divisions and Boards.
(d) Planning, directing and executing accounting operations for the
Offices, Divisions and Boards.
(e) Providing information systems analysis, design, computer
programming, and systems implementation services consistent with
Departmental information systems plans, policies and procedures.
(f) Implementing and administering management programs for the
creation, organization, maintenance, use, and disposition of Federal
records, and providing mail and messenger service.
(g) Implementing and administering programs for procurement,
personal property, supply, motor vehicle, space management, and
operations and management of buildings as delegated by the Administrator
of the General Services Administration.
(h) Operating and maintaining the Department Library.
(i) Routing and controlling correspondence, maintaining indices of
legal cases and matters, replying to correspondence not assignable to a
division, safeguarding confidential information, attesting to the
correctness of records, and related matters.
(j) Accepting service of summonses, complaints, or other papers,
including, without limitation, subpoenas, directed to the Attorney
General in his official capacity, as a representative of the Attorney
General, under the Federal Rules of Civil and Criminal Procedure or in
any suit within the purview of subsection (a) of section 208 of the
Department of Justice Appropriation Act, 1953 (66 Stat. 560 (43 U.S.C.
(k) Making the certificates required in connection with the payment
of expenses of collecting evidence: Provided, That each such certificate
shall be approved by the Attorney General.
(l) Taking final action, including making all required
determinations and findings, in connection with negotiated purchases and
contracts as provided in 41 U.S.C. 252(c) (1) through (11), (14), (15)
except that the authority provided in 41 U.S.C. 252(c)(11) shall be
limited not to exceed an expenditure of $25,000 per contract and shall
not be further delegated.
(m) Serving as Contracting Officer for the Offices, Boards and
Divisions, with authority of redelegation to the Deputy Assistant
Attorney General, Office of Personnel and Administration, Justice
Management Division. The authority so delegated includes the authority
of redelegation to subordinates and to officials within the Offices,
Boards and Divisions.
(n) Authorizing payment of extraordinary expenses incurred by
ministerial officers of the United States in executing acts of Congress
(28 U.S.C. 1929).
(o) Representing the Attorney General with the Secretary of State in
arranging for reimbursement by foreign governments of expenses incurred
in extradition cases, and certifying to the Secretary the amounts to be
paid to the United States as reimbursement (18 U.S.C. 3195).
[Order No. 565-74, 39 FR 15876, May 6, 1974, as amended by Order No.
699-77, 42 FR 15315, Mar. 21, 1977; Order No. 722-77, 42 FR 25499, May
18, 1977; Order No. 960-81, 46 FR 52347, Oct. 27, 1981; Order No. 996-
83, 48 FR 7171, Feb. 18, 1983; Order No. 1001-83, 48 FR 9524, Mar. 7,
1983; Order No. 1977-95, 60 FR 36711, July 18, 1995]
Sec. 0.78 Implementation of financial disclosure requirements.
The Assistant Attorney General for Administration shall serve as the
designated agency ethics official under title II of the Ethics in
Government Act of 1978, 92 Stat. 1836, for purposes of administering the
public and confidential financial disclosure programs applicable to
officers and employees of the Department of Justice. His duties shall
include the following:
(a) Providing necessary report forms and other information to
officers and employees of the Department;
(b) Developing and maintaining a list of positions covered by the
confidential financial reporting requirements;
(c) Monitoring compliance by department officers and employees with
applicable requirements for filing and review of financial disclosure
(d) Providing for retention of reports and transmittal, where
necessary, of copies of reports to the Director of the Office of
(e) Establishing procedures for public access to reports filed under
title II of the Ethics in Government Act of 1978;
(f) Performing such other functions as may be necessary for the
effective implementation of title II of the Ethics in Government Act.
[Order No. 832-79, 44 FR 29891, May 23, 1979, as amended by Order No.
960-81, 46 FR 52347, Oct. 27, 1981]
Sec. 0.79 Redelegation of authority.
The Assistant Attorney General for Administration is authorized to
redelegate to any Department official any of the power or authority
vested in him by this subpart O. Existing redelegations by the Assistant
Attorney General for Administration shall continue in force and effect
until modified or revoked.
[Order No. 543-73, 38 FR 29585, Oct. 26, 1973. Redesignated by Order No.
565-74, 39 FR 15876, May 6, 1974, and further redesignated by Order No.
832-79, 44 FR 29891, May 23, 1979]