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Organization, Mission and Functions Manual

Organization, Mission and Functions Manual

Office of the Deputy Attorney General

History

On May 24, 1950, Attorney General J. Howard McGrath created the Office of the Deputy Attorney General (ODAG). The Deputy Attorney General (DAG), appointed by the President with the advice and consent of the Senate, is the Department of Justice’s second-ranking official and functions as a Chief Operating Officer. Twenty-five components and 93 U.S. Attorneys report directly to the DAG. Thirteen additional components report to the DAG through the Associate Attorney General. On a daily basis, the DAG manages and decides a broad range of legal, policy, administrative, and operational issues across the Department of Justice.

Mission

The mission of the ODAG is to 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. The Deputy Attorney General is authorized to exercise all the power and authority of the Attorney General, except where such power or authority is prohibited by law from delegation or has been delegated to another official. In the absence of the Attorney General, the Deputy Attorney General acts as the Attorney General.

Major Functions

The major functions of the Deputy Attorney General are 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 or has been specifically delegated exclusively to another Department official.
  • Ensure the Department’s policies and operations follow and advance the rule of law and the Department’s purpose of keeping our country safe and safeguarding equal justice for all.
  • In consultation with and under the direction of the Attorney General, analyze, evaluate, develop, and implement policy to guide the effective operations of the Department.
  • Manage the Department’s criminal investigations and prosecution, as well as civil litigation under the direct responsibility of the Associate Attorney General
  • Coordinate policy, litigating positions, and Department programs, in particular those involving more than one Department component.
  • Direct the Department’s engagement with Congress and determine the Department’s position with respect to legislation and congressional activities.
  • Provide advice and guidance to Department and government officials on a wide range of national security matters and represent the Department at White House coordination meetings of the National Security Council and Homeland Security Council, and maintain and direct staff to address related Department of Justice policy.
  • Serve as Acting Attorney General for purposes of authorizing searches and electronic surveillance under the Foreign Intelligence Surveillance Act (FISA) and Executive Order 12333 on intelligence.
  • Review and recommend to the Attorney General whether to seek or decline to seek the death penalty in specific cases.
  • Recommend to the White House, after consultation with the Office of the Pardon Attorney, whether the President should grant specific petitions of pardon or commutation of sentence.
  • Exercise responsibility for all Department attorney personnel matters, including final determinations on employment, separation, and discipline for attorneys in a position above GS-15. (Attorney matters for positions at GS-15 and below are delegated to the Office of Attorney Recruitment and Management.).
  • Lead the Department’s response to civil disturbances and terrorism.
  • Manage administrative support of the Department under the direction of the Justice Management Division and oversee budget and financial matters of the Department.
  • Set enforcement priorities, in consultation with the Attorney General.
  • Perform such other activities and functions as may be assigned from time to time by the Attorney General.