(a) The Office of Special Counsel for Immigration Related Unfair
Employment Practices shall be headed by a Special Counsel for
Immigration Related Unfair Employment Practices (``Special Counsel'').
The Special Counsel shall be appointed by the President for a term of
four years, by and with the advice and consent of the Senate, pursuant
to section 102 of the Immigration Reform and Control Act of 1986, as
amended. The Office of Special Counsel shall be part of the Civil Rights
Division of the Department of Justice, and the Special Counsel shall
report directly to the Assistant Attorney General, Civil Rights
Division.
    (b) In carrying out his or her responsibilities under the
Immigration Reform and Control Act of 1986, as amended, the Special
Counsel is authorized to:
    (1) Investigate charges of immigration-related unfair employment
practices filed with the Office of Special Counsel and, when
appropriate, file complaints with respect to those practices before
specially designated administrative law judges within the Office of the
Chief Administrative Hearing Officer, U.S. Department of Justice;
    (2) Intervene in proceedings involving complaints of immigration-
related unfair employment practices that are brought directly before
such administrative law judges by parties other than the Special
Counsel;
    (3) Conduct, on his or her own initiative, investigations of
immigration-related unfair employment practices and, where appropriate,
file complaints with respect to those practices before such
administrative law judges;
    (4) Conduct, handle, and supervise litigation in U.S. District
Courts for judicial enforcement of orders of administrative law judges
regarding immigration-related unfair employment practices;
    (5) Initiate, conduct, and oversee activities relating to the
dissemination of information to employers, employees, and the general
public concerning immigration-related unfair employment practices;
    (6) Establish such regional offices as may be necessary;
    (7) Perform such other functions as the Assistant Attorney General,
Civil Rights Division shall direct; and
    (8) Delegate to any of his or her subordinates any of the authority,
functions, or duties vested in him or her.

[Order No. 2078-97, 62 FR 23658, May 1, 1997]