[Title 28 CFR W]
[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 W - Additional Assignments of Functions and Designation of]
[From the U.S. Government Printing Office]
28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseAdditional Assignments of Functions and Designation ofWSubpart WJUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICEORGANIZATION OF THE DEPARTMENT OF JUSTICE
Subpart W--Additional Assignments of Functions and Designation of
Officials to Perform the Duties of Certain Offices in Case of Vacancy,
or Absence Therein or in Case of Inability or Disqualification to Act
Sec. 0.130 Functions common to heads of organizational units.
Subject to the general supervision and direction of the Attorney
General, the head of each organizational unit within the Department
(a) Direct and supervise the personnel, administration, and
operation of the office, division, bureau, or board of which he is in
(b) Under regulations prescribed by the Attorney General with the
approval of the Director of the Office of Management and Budget, have
authority to reallot funds allotted by the Assistant Attorney General
for Administration and to redelegate to persons within his
organizational unit authority and responsibility for the reallotment of
such funds and control of obligations and expenditures within
(c) Perform such special assignments as may from time to time be
made to him by the Attorney General.
(d) Except as otherwise provided in this chapter, receive submittals
and requests relative to the functions of his organizational unit.
[Order No. 423-69, 34 FR 20388, Dec. 31, 1969, as amended by Order No.
445-70, 35 FR 19397, Dec. 23, 1970; Order No. 960-81, 46 FR 52349, Oct.
Sec. 0.131 Designation of Acting United States Attorneys.
Each U.S. Attorney is authorized to designate any Assistant U.S.
Attorney in his office to perform the functions and duties of the U.S.
Attorney during his absence from office, or with respect to any matter
from which he has recused himself, and to sign all necessary documents
and papers, including indictments, as Acting U.S. Attorney while
performing such functions and duties.
[Order No. 840-79, 44 FR 43468, July 25, 1979]
Sec. 0.132 Designating officials to perform the functions and duties of certain offices in case of absence, disability or vacancy.
(a) In case of vacancy in the office of Attorney General, or of his
absence or disability, the Deputy Attorney General shall, pursuant to 28
U.S.C. 508(a) perform the functions and duties of and act as Attorney
General. 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 General, the
Associate Attorney General shall, pursuant to 28 U.S.C. 508(b), perform
the functions and duties of and act as Attorney General. In the event of
vacancy, absence, or disability in each of these offices, the Solicitor
General shall perform the functions and duties of and act as Attorney
(b) Every office within the Department to which appointment is
required to be made by the President with the advice and consent of the
Senate (``PAS office'') shall have a First Assistant within the meaning
of the Federal Vacancies Reform Act of 1998. Where there is a position
of Principal Deputy to the PAS office, the Principal Deputy shall be the
First Assistant. Where there is no position of Principal Deputy to the
PAS office, the First Assistant shall be the person whom the Attorney
General designates in writing.
(c) In the event of a vacancy in the office of the head of an
organizational unit that is not covered by paragraphs (a) or (b) of this
section, the ranking deputy (or an equivalent official) in such unit who
is available shall perform the functions and duties of and act as such
head, unless the Attorney General directs otherwise. Except as otherwise
provided by law, if there is no ranking deputy available, the Attorney
General shall designate another official of the Department to perform
the functions and duties of and act as such head.
(d) The head of an organizational unit of the Department not covered
by paragraphs (a) or (b) of this section is authorized, in the case of
absence from office or disability, to designate the ranking deputy (or
an equivalent official) in the unit who is available to act as head. If
there is no deputy available to act, any other official in such unit may
be designated. Alternatively, in his discretion, the Attorney General
may designate any official in the Department to act as head when a head
who is not covered by paragraphs (a) or (b) of this section is absent or
[Order No. 755-77, 42 FR 59384, Nov. 17, 1977, as amended by Order No.
1043-84, 49 FR 4469, Feb. 7, 1984; Order No. 1097-85, 50 FR 25708, June
21, 1985; Order No. 1858-94, 59 FR 13883, Mar. 24, 1994; Order No. 2205-
99, 64 FR 6526, Feb. 10, 1999]