US (United States) Code. Title 28. Chapter 31: The Attorney General

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Judiciary and judicial procedure

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 146 páginas
publicidad
publicidad

-CITE-

28 USC CHAPTER 31 - THE ATTORNEY GENERAL 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

CHAPTER 31 - THE ATTORNEY GENERAL

-MISC1-

Sec.

501. Executive department.

502. Seal.

503. Attorney General.

504. Deputy Attorney General.

504a. Associate Attorney General.

505. Solicitor General.

506. Assistant Attorneys General.

507. Assistant Attorney General for Administration.

508. Vacancies.

509. Functions of the Attorney General.

510. Delegation of authority.

511. Attorney General to advise the President.

512. Attorney General to advise heads of executive

departments.

513. Attorney General to advise Secretaries of military

departments.

514. Legal services on pending claims in departments and

agencies.

515. Authority for legal proceedings; commission, oath, and

salary for special attorneys.

516. Conduct of litigation reserved to Department of

Justice.

517. Interests of United States in pending suits.

518. Conduct and argument of cases.

519. Supervision of litigation.

520. Transmission of petitions in United States Court of

Federal Claims or in United States Court of Appeals

for the Federal Circuit; statement furnished by

departments.

521. Publication and distribution of opinions.

522. Report of business and statistics.

523. Requisitions.

524. Availability of appropriations.

525. Procurement of law books, reference books, and

periodicals; sale and exchange.

526. Authority of the Attorney General to investigate

United States attorneys, marshals, trustees, clerks

of court, and others.

527. Establishment of working capital fund.

528. Disqualification of officers and employees of the

Department of Justice.

529. Annual report of Attorney General.

530. Payment of travel and transportation expenses of newly

appointed special agents.

530A. Authorization of appropriations for travel and related

expenses and for health care of personnel serving

abroad.

530B. Ethical standards for attorneys for the Government.

530C. Authority to use available funds.

530D. Report on enforcement of laws.

AMENDMENTS

2002 - Pub. L. 107-273, div. A, title II, Secs. 201(b),

202(b)(1), div. B, title IV, Sec. 4003(b)(5), Nov. 2, 2002, 116

Stat. 1771, 1774, 1811, in item 526, struck out "and" before

"trustees", and added items 530C and 530D.

1998 - Pub. L. 105-277, div. A, Sec. 101(b) [title VIII, Sec.

801(b)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-119, added item

530B.

1992 - Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992,

106 Stat. 4516, substituted "United States Court of Federal Claims"

for "United States Claims Court" in item 520.

1988 - Pub. L. 100-690, title VI, Sec. 6281(b), Nov. 18, 1988,

102 Stat. 4369, added item 530A.

1983 - Pub. L. 98-86, Sec. 2, Aug. 26, 1983, 97 Stat. 492, added

item 530.

1982 - Pub. L. 97-258, Sec. 2(g)(1)(A), Sept. 13, 1982, 96 Stat.

1060, substituted "Availability of appropriations" for

"Appropriations for administrative expenses; notarial fees; meals

and lodging of bailiffs" in item 524.

Pub. L. 97-164, title I, Sec. 118(b), Apr. 2, 1982, 96 Stat. 33,

substituted "United States Claims Court or in United States Court

of Appeals for the Federal Circuit" for "Court of Claims" in item

520.

1978 - Pub. L. 95-598, title II, Sec. 219(c), Nov. 6, 1978, 92

Stat. 2662, inserted reference to trustees in item 526.

Pub. L. 95-521, title VI, Sec. 603(b), Oct. 26, 1978, 92 Stat.

1875, added items 528 and 529.

1977 - Pub. L. 95-139, Sec. 1(b), Oct. 19, 1977, 91 Stat. 1171,

added item 504a.

1975 - Pub. L. 93-613, Sec. 1(2), Jan. 2, 1975, 88 Stat. 1975,

added item 527.

1966 - Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 611,

substituted "THE ATTORNEY GENERAL" for "UNITED STATES ATTORNEYS" in

chapter heading, "Executive Department" for "Appointment of United

States attorneys" in item 501, "Seal" for "Appointment of assistant

United States attorneys" in item 502, "Attorney General" for

"Appointment of attorneys" in item 503, "Deputy Attorney General"

for "Tenure and oath of office; removal" in item 504, "Solicitor

General" for "Residence" in item 505, "Assistant Attorney General"

for "Vacancies" in item 506, "Assistant Attorney General for

Administration" for "Duties; supervision by Attorney General" in

item 507, "Vacancies" for "Salaries" in item 508, "Functions of the

Attorney General" for "Expenses" in item 509, "Delegation of

authority" for "Clerical assistants and messengers" in item 510,

and added items 511 to 526.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 463 of this title; title

42 section 7192.

-End-

-CITE-

28 USC Sec. 501 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 501. Executive department

-STATUTE-

The Department of Justice is an executive department of the

United States at the seat of Government.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 611.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 291 R.S. Sec. 346 (less last 10

(less last 10 words).

words).

--------------------------------------------------------------------

The words "There shall be", referring to the establishment of the

Department, are omitted as executed.

PRIOR PROVISIONS

A prior section 501, acts June 25, 1948, ch. 646, 62 Stat. 909;

Mar. 18, 1959, Pub. L. 86-3, Sec. 11(a), 73 Stat. 9, related to

appointment of United States attorneys, prior to repeal by Pub. L.

89-554, Sec. 8(a), and reenactment in section 541 of this title by

section 4(c) of Pub. L. 89-554.

SPECIFIC AUTHORIZATION OF APPROPRIATIONS REQUIRED FOR DEPARTMENT OF

JUSTICE

Pub. L. 94-503, title II, Sec. 204, Oct. 15, 1976, 90 Stat. 2427,

provided that: "No sums shall be deemed to be authorized to be

appropriated for any fiscal year beginning on or after October 1,

1978, for the Department of Justice (including any bureau, agency,

or other similar subdivision thereof) except as specifically

authorized by Act of Congress with respect to such fiscal year.

Neither the creation of a subdivision in the Department of Justice,

nor the authorization of an activity of the Department, any

subdivision, or officer thereof, shall be deemed in itself to be an

authorization of appropriations for the Department of Justice, such

subdivision, or activity, with respect to any fiscal year beginning

on or after October 1, 1978."

-End-

-CITE-

28 USC Sec. 502 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 502. Seal

-STATUTE-

The Attorney General shall have a seal for the Department of

Justice. The design of the seal is subject to the approval of the

President.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 611.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 292. R.S. Sec. 353.

--------------------------------------------------------------------

The section is rewritten to conform to other statutes authorizing

departmental seals. The words "The seal heretofore provided for the

office of the Attorney General shall be" are omitted as obsolete.

PRIOR PROVISIONS

A prior section 502, act June 25, 1948, ch. 646, 62 Stat. 909,

related to appointment of assistant United States attorneys, prior

to repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in section

542 of this title by section 4(c) of Pub. L. 89-554.

-End-

-CITE-

28 USC Sec. 503 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 503. Attorney General

-STATUTE-

The President shall appoint, by and with the advice and consent

of the Senate, an Attorney General of the United States. The

Attorney General is the head of the Department of Justice.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 291 R.S. Sec. 346 (last 10 words).

(last 10 words).

--------------------------------------------------------------------

The words "The President shall appoint, by and with the advice

and consent of the Senate" have been added to conform the section

with the Constitution. See article II, section 2, clause 2.

PRIOR PROVISIONS

A prior section 503, act June 25, 1948, ch. 646, 62 Stat. 909,

related to appointment of attorneys to assist United States

attorneys, prior to repeal by Pub. L. 89-554, Sec. 8(a), and

reenactment in section 543 of this title by section 4(c) of Pub. L.

89-554.

ACTIONS CHALLENGING APPOINTMENT OF ATTORNEY GENERAL ON GROUNDS OF

VIOLATION OF CONSTITUTIONAL PROVISIONS GOVERNING COMPENSATION AND

OTHER EMOLUMENTS

Pub. L. 93-178, Sec. 2, Dec. 10, 1973, 87 Stat. 697, provided

that:

"(a) Any person aggrieved by an action of the Attorney General

may bring a civil action in the appropriate district court to

contest the constitutionality of the appointment and continuance in

office of the Attorney General on the ground that such appointment

and continuance in office is in violation of article I, section 6,

clause 2, of the Constitution. The United States district courts

shall have exclusive jurisdiction, without regard to the sum or

value of the matter in controversy, to determine the validity of

such appointment and continuance in office.

"(b) Any action brought under this section shall be heard and

determined by a panel of three judges in accordance with the

provisions of section 2284 of title 28, United States Code. Any

appeal from the action of a court convened pursuant to such section

shall lie to the Supreme Court.

"(c) Any judge designated to hear any action brought under this

section shall cause such action to be in every way expedited."

-End-

-CITE-

28 USC Sec. 504 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 504. Deputy Attorney General

-STATUTE-

The President may appoint, by and with the advice and consent of

the Senate, a Deputy Attorney General.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612;

amended Pub. L. 107-77, title VI, Sec. 612(c), Nov. 28, 2001, 115

Stat. 800; Pub. L. 107-273, div. B, title IV, Sec. 4004(f), Nov. 2,

2002, 116 Stat. 1812.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 294. Mar. 3, 1903, ch. 1006, Sec. 1

(so much of 2d par. under

"Department of Justice" as

provides for appointment, pay,

and duties of an assistant to

the Attorney General), 32 Stat.

1062.

[Uncodified]. 1950 Reorg. Plan No. 2, Sec. 3,

eff. May 24, 1950, 64 Stat. 1261.

--------------------------------------------------------------------

The words "may appoint" are substituted for "is authorized to

appoint". So much of the Act of Mar. 3, 1903, as relates to pay is

omitted as superseded by Sec. 303(c) of the Act of Aug. 14, 1964,

Pub. L. 88-426, 78 Stat. 416, which is codified in section 5314 of

title 5, United States Code.

PRIOR PROVISIONS

A prior section 504, acts June 25, 1948, ch. 646, 62 Stat. 909;

Mar. 18, 1959, Pub. L. 86-3, Sec. 11(b), 73 Stat. 9, related to

tenure and oath of office of United States attorneys, prior to

repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in sections

541 and 544 of this title by section 4(c) of Pub. L. 89-554.

AMENDMENTS

2002 - Pub. L. 107-273 repealed Pub. L. 107-77, Sec. 612(c). See

2001 Amendment note below.

2001 - Pub. L. 107-77, Sec. 612(c), which directed amendment of

section catchline by substituting "Attorneys" for "Attorney" and

amendment of text by inserting "and a Deputy Attorney General for

Combating Domestic Terrorism" after "General", was repealed by Pub.

L. 107-273.

POSITION RELATING TO COMBATING DOMESTIC TERRORISM

Pub. L. 107-77, title VI, Sec. 612, Nov. 28, 2001, 115 Stat. 800,

which had authorized appointment of a Deputy Attorney General for

Combating Domestic Terrorism, if by June 30, 2002, the President

had not submitted a proposal to restructure the Department of

Justice to include a coordinator of Department of Justice

activities relating to combating domestic terrorism, or if Congress

had failed to enact legislation establishing such a new position,

was repealed by Pub. L. 107-273, div. B, title IV, Sec. 4004(f),

Nov. 2, 2002, 116 Stat. 1812.

-End-

-CITE-

28 USC Sec. 504a 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 504a. Associate Attorney General

-STATUTE-

The President may appoint, by and with the advice and consent of

the Senate, an Associate Attorney General.

-SOURCE-

(Added Pub. L. 95-139, Sec. 1(a), Oct. 19, 1977, 91 Stat. 1171.)

-End-

-CITE-

28 USC Sec. 505 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 505. Solicitor General

-STATUTE-

The President shall appoint in the Department of Justice, by and

with the advice and consent of the Senate, a Solicitor General,

learned in the law, to assist the Attorney General in the

performance of his duties.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 293. R.S. Sec. 347 (less last

sentence).

--------------------------------------------------------------------

So much of R.S. Sec. 347 as relates to the pay of the Solicitor

General is omitted as superseded by Sec. 303(c) of the Act of Aug.

14, 1964, Pub. L. 88-426, 78 Stat. 416, which is codified in

section 5314 of title 5, United States Code.

PRIOR PROVISIONS

A prior section 505, act June 25, 1948, ch. 646, 62 Stat. 909,

related to residence of United States attorneys, prior to repeal by

Pub. L. 89-554, Sec. 8(a), and reenactment in section 545 of this

title by section 4(c) of Pub. L. 89-554.

-End-

-CITE-

28 USC Sec. 506 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 506. Assistant Attorneys General

-STATUTE-

The President shall appoint, by and with the advice and consent

of the Senate, ten Assistant Attorneys General, who shall assist

the Attorney General in the performance of his duties.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612;

amended Pub. L. 95-598, title II, Sec. 218, Nov. 6, 1978, 92 Stat.

2662.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 295. R.S. Sec. 348.

July 11, 1890, ch. 667, Sec. 1

(words between 3d and 4th

semicolons under "Department of

Justice"), 26 Stat. 265.

Mar. 3, 1903, ch. 1006, Sec. 1

(so much of 2d par. under

"Department of Justice" as

provides for appointment, pay,

and duties of an additional

Assistant Attorney General), 32

Stat. 1062.

July 16, 1914, ch. 141, Sec. 1

(words between 3d and 4th

semicolons under "Department of

Justice"), 38 Stat. 497.

Mar. 4, 1915, ch. 141, Sec. 1

(words between 3d and 4th

semicolons under "Department of

Justice"), 38 Stat. 1038.

June 16, 1933, ch. 101, Sec.

16(b), 48 Stat. 308.

Mar. 2, 1943, ch. 7, 57 Stat. 4.

[Uncodified]. 1950 Reorg. Plan No. 2, Sec. 4,

eff. May 24, 1950, 64 Stat. 1261.

[Uncodified]. 1953 Reorg. Plan No. 4, Sec. 2,

eff. June 20, 1953. 67 Stat. 636.

5 U.S.C. 295-1. Sept. 9, 1957, Pub. L. 85-315,

Sec. 111, 71 Stat. 637.

--------------------------------------------------------------------

The words "There shall be in the Department of Justice" are

omitted as unnecessary as the title of the positions establishes

their location in the Department of Justice.

The position of sixth Assistant Attorney General, referred to in

the Acts of July 16, 1914, and Mar. 4, 1915, was made a permanent

position by the Act of Mar. 4, 1915, ch. 141, Sec. 6, 38 Stat.

1049.

The number of Assistant Attorneys General referred to in the Act

of Mar. 2, 1943, is changed from "six" to "nine" to reflect the

three additional Assistant Attorneys General authorized by 1950

Reorg. Plan No. 2, 1953 Reorg. Plan No. 4, and the Act of Sept. 9,

1957.

The words "learned in the law" are omitted as unnecessary. Such a

requirement is not made of the Attorney General, United States

attorneys, or United States judges. (See reviser's note under 28

U.S.C. 501, 1964 ed.)

The reference in former section 295 of title 5 to the Assistant

Attorneys General assisting the Solicitor General are omitted on

authority of the transfer of functions made by 1950 Reorg. Plan No.

2 and 1953 Reorg. Plan No. 4.

Provisions of 1950 Reorg. Plan No. 2, Sec. 4, and 1953 Reorg.

Plan No. 4, Sec. 2, abolishing positions and transferring

incumbents are omitted as executed.

Provisions relating to pay of Assistant Attorneys General are

omitted as superseded by Sec. 303(d) of the Act of August 14, 1964,

Pub. L. 88-426, 78 Stat. 418, which is codified in section 5315 of

title 5, United States Code.

PRIOR PROVISIONS

A prior section 506, act June 25, 1948, ch. 646, 62 Stat. 909,

related to vacancies in the office of United States attorney, prior

to repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in section

546 of this title by section 4(c) of Pub. L. 89-554.

AMENDMENTS

1978 - Pub. L. 95-598 substituted "ten" for "nine".

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Nov. 6, 1978, see section

402(d) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

-End-

-CITE-

28 USC Sec. 507 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 507. Assistant Attorney General for Administration

-STATUTE-

(a) The Attorney General shall appoint, with the approval of the

President, an Assistant Attorney General for Administration, who

shall perform such duties as the Attorney General may prescribe.

(b) The position of Assistant Attorney General for Administration

is in the competitive service.

(c) Notwithstanding the provisions of section 901 of title 31,

United States Code, the Assistant Attorney General for

Administration shall be the Chief Financial Officer of the

Department of Justice.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612;

amended Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec.

111], Nov. 29, 1999, 113 Stat. 1535, 1501A-20.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

[Uncodified]. 1950 Reorg. Plan No. 2, Sec. 5

eff. May 24, 1950, 64 Stat. 1261.

--------------------------------------------------------------------

The title of the position was changed to "Assistant Attorney

General for Administration" by Sec. 307 of the Act of Aug. 14,

1964, Pub. L. 88-426, 78 Stat. 432.

The words "competitive service" are substituted for "classified

civil service" because the term "classified civil service" formerly

used to designate the merit system established by the Civil Service

Act of 1883 has become ambiguous due to the creation of the

"classified" pay system. The term "competitive service" is now

customarily used, and appears throughout title 5, United States

Code, in place of "classified civil service".

The words "There shall be in the Department of Justice" are

omitted as unnecessary as the title of the position and the fact of

appointment by the Attorney General establish the location of the

position in the Department of Justice.

The last 12 words of section 5 of the Reorganization Plan are

omitted on authority of the Act of June 5, 1952, ch. 369, Sec. 1101

(3d proviso), 66 Stat. 121. The salary of the position is now fixed

by Sec. 303(e) of the Act of Aug. 14, 1964, Pub. L. 88-426, 78

Stat. 420, which is codified in section 5316 of title 5, United

States Code.

PRIOR PROVISIONS

A prior section 507, acts June 25, 1948, ch. 646, 62 Stat. 910;

May 24, 1949, ch. 139, Sec. 71, 63 Stat. 100, related to duties of

United States attorneys, and to supervision by the Attorney

General, prior to repeal by Pub. L. 89-554, Sec. 8(a), and

reenactment in sections 509 and 547 of this title by section 4(c)

of Pub. L. 89-554.

AMENDMENTS

1999 - Subsec. (c). Pub. L. 106-113 added subsec. (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 7422.

-End-

-CITE-

28 USC Sec. 508 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 508. Vacancies

-STATUTE-

(a) In case of a vacancy in the office of Attorney General, or of

his absence or disability, the Deputy Attorney General may exercise

all the duties of that office, and for the purpose of section 3345

of title 5 the Deputy Attorney General is the first assistant to

the Attorney General.

(b) 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 act as Attorney General. The

Attorney General may designate the Solicitor General and the

Assistant Attorneys General, in further order of succession, to act

as Attorney General.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612;

amended Pub. L. 95-139, Sec. 2, Oct. 19, 1977, 91 Stat. 1171.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

[Uncodified]. R.S. Sec. 347 (last sentence).

1953 Reorg. Plan No. 4, Sec. 1,

eff. June 20, 1953, 67 Stat. 636.

--------------------------------------------------------------------

The last sentence of R.S. Sec. 347 is cited as authority inasmuch

as the function contained therein was the function transferred to

the Deputy Attorney General by 1953 Reorg. Plan No. 4. The word

"may" is substituted for "have the power". The words "During any

period of time" are omitted as unnecessary.

PRIOR PROVISIONS

A prior section 508, acts June 25, 1948, ch. 646, 62 Stat. 910;

Mar. 2, 1955, ch. 9, Sec. 2(a), 69 Stat. 10; Oct. 11, 1962, Pub. L.

87-793, Sec. 1003(a), 76 Stat. 865; Aug. 14, 1964, Pub. L. 88-426,

title III, Sec. 306(a)(1), 78 Stat. 428; Oct. 6, 1964, Pub. L.

88-631, Sec. 3(b), 78 Stat. 1008, related to salaries of United

States attorneys, assistant United States attorneys, and special

attorneys, prior to repeal by Pub. L. 89-554, Sec. 8(a), and

reenactment in section 548 of this title by section 4(c) of Pub. L.

89-554.

AMENDMENTS

1977 - Subsec. (b). Pub. L. 95-139 substituted "the Associate

Attorney General shall act as Attorney General. The Attorney

General may designate the Solicitor General and the Assistant

Attorneys General, in further order of succession, to act as

Attorney General" for "the Assistant Attorneys General and the

Solicitor General, in such order of succession as the Attorney

General may from time to time prescribe, shall act as Attorney

General".

-End-

-CITE-

28 USC Sec. 509 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 509. Functions of the Attorney General

-STATUTE-

All functions of other officers of the Department of Justice and

all functions of agencies and employees of the Department of

Justice are vested in the Attorney General except the functions -

(1) vested by subchapter II of chapter 5 of title 5 in

administrative law judges employed by the Department of Justice;

(2) of the Federal Prison Industries, Inc.; and

(3) of the Board of Directors and officers of the Federal

Prison Industries, Inc.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612;

amended Pub. L. 95-251, Sec. 2(a)(6), Mar. 27, 1978, 92 Stat. 183;

Pub. L. 98-473, title II, Sec. 228(a), Oct. 12, 1984, 98 Stat.

2030; Pub. L. 107-273, div. A, title II, Sec. 204(d), div. B, title

IV, Sec. 4003(b)(1), Nov. 2, 2002, 116 Stat. 1776, 1811.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

[Uncodified]. 1950 Reorg. Plan No. 2, Sec. 1,

eff. May 24, 1950, 64 Stat. 1261.

--------------------------------------------------------------------

The section is restated to allow incorporation into this chapter.

[The Historical and Revision Notes for former section 507, from

which this section is partially derived, is set out under section

547 of this title.]

PRIOR PROVISIONS

A prior section 509, act June 25, 1948, ch. 646, 62 Stat. 910,

related to expenses of United States attorneys, prior to repeal by

Pub. L. 89-554, Sec. 8(a), and reenactment in section 549 of this

title by section 4(c) of Pub. L. 89-554.

AMENDMENTS

2002 - Par. (3). Pub. L. 107-273, Secs. 204(d), 4003(b)(1),

amended par. (3) identically, striking out second period at end.

1984 - Pub. L. 98-473 inserted "and" at end of par. (2),

substituted a period for "; and" at end of par. (3), and struck out

par. (4) which related to functions of Board of Parole.

1978 - Par. (1). Pub. L. 95-251 substituted "administrative law

judges" for "hearing examiners".

EFFECTIVE DATE OF 1984 AMENDMENT

Section 235(a)(1)(B)(ii)(IV) of Pub. L. 98-473 provided that the

amendment made by Pub. L. 98-473 is effective Oct. 12, 1984.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Domestic Emergency Support Teams of the Department of Justice,

including the functions of the Attorney General relating thereto,

to the Secretary of Homeland Security, and for treatment of related

references, see sections 313(4), 551(d), 552(d), and 557 of Title

6, Domestic Security, and the Department of Homeland Security

Reorganization Plan of November 25, 2002, as modified, set out as a

note under section 542 of Title 6.

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness functions to the

Attorney General, see Parts 1, 2, and 11 of Ex. Ord. No. 12656,

Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195

of Title 42, The Public Health and Welfare.

-MISC2-

AUTHORIZATION FOR ADDITIONAL ASSISTANT UNITED STATES ATTORNEYS FOR

PROJECT SAFE NEIGHBORHOODS

Pub. L. 107-273, div. A, title I, Sec. 104, Nov. 2, 2002, 116

Stat. 1766, provided that:

"(a) In General. - The Attorney General shall establish a program

for each United States Attorney to provide for coordination with

State and local law enforcement officials in the identification and

prosecution of violations of Federal firearms laws including school

gun violence and juvenile gun offenses.

"(b) Authorization for Hiring 94 Additional Assistant United

States Attorneys. - There are authorized to be appropriated to

carry out this section $9,000,000 for fiscal year 2002 to hire an

additional Assistant United States Attorney in each United States

Attorney Office."

DEVELOPMENT AND SUPPORT OF CYBERSECURITY FORENSIC CAPABILITIES

Pub. L. 107-56, title VIII, Sec. 816, Oct. 26, 2001, 115 Stat.

385, provided that:

"(a) In General. - The Attorney General shall establish such

regional computer forensic laboratories as the Attorney General

considers appropriate, and provide support to existing computer

forensic laboratories, in order that all such computer forensic

laboratories have the capability -

"(1) to provide forensic examinations with respect to seized or

intercepted computer evidence relating to criminal activity

(including cyberterrorism);

"(2) to provide training and education for Federal, State, and

local law enforcement personnel and prosecutors regarding

investigations, forensic analyses, and prosecutions of

computer-related crime (including cyberterrorism);

"(3) to assist Federal, State, and local law enforcement in

enforcing Federal, State, and local criminal laws relating to

computer-related crime;

"(4) to facilitate and promote the sharing of Federal law

enforcement expertise and information about the investigation,

analysis, and prosecution of computer-related crime with State

and local law enforcement personnel and prosecutors, including

the use of multijurisdictional task forces; and

"(5) to carry out such other activities as the Attorney General

considers appropriate.

"(b) Authorization of Appropriations. -

"(1) Authorization. - There is hereby authorized to be

appropriated in each fiscal year $50,000,000 for purposes of

carrying out this section.

"(2) Availability. - Amounts appropriated pursuant to the

authorization of appropriations in paragraph (1) shall remain

available until expended."

TRAINING OF GOVERNMENT OFFICIALS REGARDING IDENTIFICATION AND USE

OF FOREIGN INTELLIGENCE

Pub. L. 107-56, title IX, Sec. 908, Oct. 26, 2001, 115 Stat. 391,

provided that:

"(a) Program Required. - The Attorney General shall, in

consultation with the Director of Central Intelligence, carry out a

program to provide appropriate training to officials described in

subsection (b) in order to assist such officials in -

"(1) identifying foreign intelligence information in the course

of their duties; and

"(2) utilizing foreign intelligence information in the course

of their duties, to the extent that the utilization of such

information is appropriate for such duties.

"(b) Officials. - The officials provided training under

subsection (a) are, at the discretion of the Attorney General and

the Director, the following:

"(1) Officials of the Federal Government who are not ordinarily

engaged in the collection, dissemination, and use of foreign

intelligence in the performance of their duties.

"(2) Officials of State and local governments who encounter, or

may encounter in the course of a terrorist event, foreign

intelligence in the performance of their duties.

"(c) Authorization of Appropriations. - There is hereby

authorized to be appropriated for the Department of Justice such

sums as may be necessary for purposes of carrying out the program

required by subsection (a)."

FIRST RESPONDERS ASSISTANCE ACT

Pub. L. 107-56, title X, Sec. 1005, Oct. 26, 2001, 115 Stat. 393,

provided that:

"(a) Grant Authorization. - The Attorney General shall make

grants described in subsections (b) and (c) to States and units of

local government to improve the ability of State and local law

enforcement, fire department and first responders to respond to and

prevent acts of terrorism.

"(b) Terrorism Prevention Grants. - Terrorism prevention grants

under this subsection may be used for programs, projects, and other

activities to -

"(1) hire additional law enforcement personnel dedicated to

intelligence gathering and analysis functions, including the

formation of full-time intelligence and analysis units;

"(2) purchase technology and equipment for intelligence

gathering and analysis functions, including wire-tap, pen links,

cameras, and computer hardware and software;

"(3) purchase equipment for responding to a critical incident,

including protective equipment for patrol officers such as quick

masks;

"(4) purchase equipment for managing a critical incident, such

as communications equipment for improved interoperability among

surrounding jurisdictions and mobile command posts for overall

scene management; and

"(5) fund technical assistance programs that emphasize

coordination among neighboring law enforcement agencies for

sharing resources, and resources coordination among law

enforcement agencies for combining intelligence gathering and

analysis functions, and the development of policy, procedures,

memorandums of understanding, and other best practices.

"(c) Antiterrorism Training Grants. - Antiterrorism training

grants under this subsection may be used for programs, projects,

and other activities to address -

"(1) intelligence gathering and analysis techniques;

"(2) community engagement and outreach;

"(3) critical incident management for all forms of terrorist

attack;

"(4) threat assessment capabilities;

"(5) conducting followup investigations; and

"(6) stabilizing a community after a terrorist incident.

"(d) Application. -

"(1) In general. - Each eligible entity that desires to receive

a grant under this section shall submit an application to the

Attorney General, at such time, in such manner, and accompanied

by such additional information as the Attorney General may

reasonably require.

"(2) Contents. - Each application submitted pursuant to

paragraph (1) shall -

"(A) describe the activities for which assistance under this

section is sought; and

"(B) provide such additional assurances as the Attorney

General determines to be essential to ensure compliance with

the requirements of this section.

"(e) Minimum Amount. - If all applications submitted by a State

or units of local government within that State have not been funded

under this section in any fiscal year, that State, if it qualifies,

and the units of local government within that State, shall receive

in that fiscal year not less than 0.5 percent of the total amount

appropriated in that fiscal year for grants under this section.

"(f) Authorization of Appropriations. - There are authorized to

be appropriated $25,000,000 for each of the fiscal years 2003

through 2007."

REIMBURSEMENT OF EMPLOYEES TRAVELING ON BEHALF OF UNITED STATES IN

TEMPORARY DUTY STATUS

Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Sec.

115], Sept. 30, 1996, 110 Stat. 3009, 3009-22, provided that:

"Effective with the enactment of this Act [Sept. 30, 1996] and in

any fiscal year hereafter, under policies established by the

Attorney General, the Department of Justice may reimburse employees

who are paid by an appropriation account within the Department of

Justice and are traveling on behalf of the United States in

temporary duty status to investigate, prosecute, or litigate

(including the provision of support therefor) a criminal or civil

matter, or for other similar special circumstances, for Federal,

State, and local taxes heretofore and hereafter resulting from any

reimbursement of travel expenses from an appropriation account

within the Department of Justice: Provided, That such reimbursement

may include an amount equal to all income taxes for which the

employee would be liable due to such reimbursement."

OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES

Pub. L. 104-132, title VIII, Sec. 801, Apr. 24, 1996, 110 Stat.

1304, provided that: "The Attorney General and the Secretary of the

Treasury are authorized to support law enforcement training

activities in foreign countries, in consultation with the Secretary

of State, for the purpose of improving the effectiveness of the

United States in investigating and prosecuting transnational

offenses."

REIMBURSEMENT BY OTHER GOVERNMENT AGENCIES OF DEPARTMENT OF JUSTICE

SALARIES AND EXPENSES IN HIGH-COST LITIGATION

Pub. L. 103-317, title I, Sec. 109, Aug. 26, 1994, 108 Stat.

1735, provided that: "Notwithstanding 31 U.S.C. 3302 or any other

law, in litigation involving unusually high costs, the Department

of Justice may receive and retain reimbursement for salaries and

expenses, for fiscal year 1995 and thereafter, from any other

governmental component being represented in the litigation."

NEIGHBORHOOD REVITALIZATION

Pub. L. 102-395, title I, Oct. 6, 1992, 106 Stat. 1830, provided

in part: "That for fiscal year 1993 and thereafter the Attorney

General shall (1) promote neighborhood revitalization by developing

a plan for the use of Federal funds appropriated for selected

activities in the Departments of Labor, Education, Health and Human

Services, Transportation, Agriculture, and Housing and Urban

Development; (2) the Attorney General shall solicit from State and

local governments plans to revitalize neighborhoods using programs

administered by such agencies; and (3) the Attorney General shall

review and approve such plans in consultation with the Federal

agency to which funds are appropriated".

PROCUREMENT OF EXPERT WITNESSES WITHOUT REGARD TO COMPETITIVE

PROCUREMENT PROCEDURES

Pub. L. 102-140, title VI, Sec. 611(a), Oct. 28, 1991, 105 Stat.

832, provided that, notwithstanding any other provision of law:

"For fiscal year 1992 and thereafter, the Department of Justice may

procure the services of expert witnesses for use in preparing or

prosecuting a civil or criminal action, without regard to

competitive procurement procedures, including the Commerce Business

Daily publication requirements: Provided, That no witness shall be

paid more than one attendance fee for any calendar day."

STRUCTURAL REFORMS TO IMPROVE FEDERAL RESPONSE TO CRIMES AFFECTING

FINANCIAL INSTITUTIONS

Pub. L. 101-647, title XXV, Secs. 2536-2539, Nov. 29, 1990, 104

Stat. 4883, 4884, provided that:

"SEC. 2536. ESTABLISHMENT OF FINANCIAL INSTITUTIONS CRIME UNIT

AND OFFICE OF SPECIAL COUNSEL FOR FINANCIAL INSTITUTIONS CRIME

UNIT.

"(a) Establishment. - There is established within the Office of

the Deputy Attorney General in the Department of Justice a

Financial Institutions Fraud Unit to be headed by a special counsel

(hereafter in this title [probably means this subtitle which is

subtitle D (Secs. 2536-2540) of title XXV of Pub. L. 101-647, which

amended section 1441a of Title 12, Banks and Banking, and enacted

this note] referred to as the 'Special Counsel').

"(b) Responsibility. - The Financial Institutions Fraud Unit and

the Special Counsel shall be responsible to and shall report

directly to the Deputy Attorney General.

"(c) Sunset. - The provisions of this section shall cease to

apply at the end of the 5-year period beginning on the date of the

enactment of this Act [Nov. 29, 1990].

"SEC. 2537. APPOINTMENT RESPONSIBILITIES AND COMPENSATION OF THE

SPECIAL COUNSEL.

"(a) Appointment. - The Special Counsel shall be appointed by the

President, by and with the advice and consent of the Senate.

"(b) Responsibilities. - The Special Counsel shall -

"(1) supervise and coordinate investigations and prosecutions

within the Department of Justice of fraud and other criminal

activity in and against the financial services industry,

including, to the extent consistent with the independent counsel

provision of chapter 40 of title 28, United States Code, any such

activity by any current or former elected official or high-level

executive branch official or any member of the immediate family

of any such official;

"(2) ensure that Federal law relating to civil enforcement,

asset seizure and forfeiture, money laundering, and racketeering

are used to the fullest extent authorized to recover the proceeds

of unlawful activities from persons who have committed crimes in

and against the financial services industry; and

"(3) ensure that adequate resources are made available for the

investigation and prosecution of fraud and other criminal

activity in and against the financial services industry.

"(c) Compensation. - The Special Counsel shall be paid at the

basic pay payable for level V of the Executive Schedule.

"SEC. 2538. ASSIGNMENT OF PERSONNEL.

"There shall be assigned to the Financial Institutions Fraud Unit

such personnel as the Attorney General deems necessary to provide

an appropriate level of enforcement activity in the area of fraud

and other criminal activity in and against the financial services

industry.

"SEC. 2539. FINANCIAL INSTITUTIONS FRAUD TASK FORCES.

"(a) Establishment. - The Attorney General shall establish such

financial institutions fraud task forces as the Attorney General

deems appropriate to ensure that adequate resources are made

available to investigate and prosecute crimes in or against

financial institutions and to recover the proceeds of unlawful

activities from persons who have committed fraud or have engaged in

other criminal activity in or against the financial services

industry.

"(b) Supervision. - The Attorney General shall determine how each

task force shall be supervised and may provide for the supervision

of any task force by the Special Counsel.

"(c) Senior Interagency Group. -

"(1) Establishment. - The Attorney General shall establish a

senior interagency group to assist in identifying the most

significant financial institution fraud cases and in allocating

investigative and prosecutorial resources where they are most

needed.

"(2) Membership. - The senior interagency group shall be

chaired by the Special Counsel and shall include senior officials

from -

"(A) the Department of Justice, including representatives of

the Federal Bureau of Investigation, the Advisory Committee of

United States Attorneys, and other relevant entities;

"(B) the Department of the Treasury;

"(C) the Office of Thrift Supervision;

"(D) the Resolution Trust Corporation;

"(E) the Federal Deposit Insurance Corporation;

"(F) the Office of the Comptroller of the Currency;

"(G) the Board of Governors of the Federal Reserve System;

and

"(H) the National Credit Union Administration.

"(3) Duties. - This senior interagency group shall enhance

interagency coordination and assist in accelerating the

investigations and prosecution of financial institutions fraud."

AUTHORIZATION OF APPROPRIATIONS FOR HUMANITARIAN EXPENSES INCURRED

BY FEDERAL BUREAU OF INVESTIGATION AND DRUG ENFORCEMENT

ADMINISTRATION

Pub. L. 101-647, title XXXII, Sec. 3201, Nov. 29, 1990, 104 Stat.

4916, as amended by Pub. L. 105-277, div. A, Sec. 101(b) [title I,

Sec. 109(a)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-67, provided

that: "Appropriations in this or any other Act hereafter for the

Federal Bureau of Investigation, the Drug Enforcement

Administration, or the Immigration and Naturalization Service are

available, in an amount of not to exceed $25,000 each per fiscal

year, to pay humanitarian expenses incurred by or for any employee

thereof (or any member of the employee's immediate family) that

results from or is incident to serious illness, serious injury, or

death occurring to the employee while on official duty or

business."

[For abolition of Immigration and Naturalization Service,

transfer of functions, and treatment of related references, see

note set out under section 1551 of Title 8, Aliens and

Nationality.]

INVESTIGATION OF FINANCIAL INSTITUTIONS; ASSISTANCE OF GOVERNMENT

PERSONNEL

Pub. L. 101-509, title V, Sec. 528, Nov. 5, 1990, 104 Stat. 1427,

as amended by Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990,

104 Stat. 5117; Pub. L. 103-322, title XXXII, Sec. 320923, Sept.

13, 1994, 108 Stat. 2131, provided that:

"(a) Notwithstanding any other law and in any fiscal year -

"(1) The Attorney General shall accept, and Federal departments

and agencies, including the United States Secret Service, the

Internal Revenue Service, the Resolution Trust Corporation, and

the appropriate Federal banking agency, may provide, without

reimbursement, the services of attorneys, law enforcement

personnel, and other employees of any other departments or

agencies of the Federal Government to assist the Department of

Justice, subject to the supervision of the Attorney General, in

the investigation and prosecution of fraud or other criminal or

unlawful activity in or against any federally insured financial

institution or the Resolution Trust Corporation;

"(2) any attorney of a department or agency whose services are

accepted pursuant to paragraph (1) may, subject to the

supervision of the Attorney General, conduct any kind of legal

proceeding, civil or criminal, including grand jury proceedings

and proceedings before committing magistrate judges, and perform

any other investigative or prosecutorial function, which United

States attorneys are authorized by law to conduct or perform

whether or not the attorney is a resident of the district in

which the proceeding is brought; and

"(3) law enforcement personnel of the United States Secret

Service are authorized, subject to the supervision of the

Attorney General, to conduct or perform any kind of

investigation, civil or criminal, related to fraud or other

criminal or unlawful activity in or against any federally insured

financial institution or the Resolution Trust Corporation, which

the Department of Justice law enforcement personnel are

authorized by law to conduct or perform: Provided, That the

Secret Service shall not initiate investigations pursuant to this

section independent of the supervision of the Attorney General.

"(b) This section -

"(1) shall not, except as expressly provided herein, alter the

authority of any Federal law enforcement agency; and

"(2) shall expire on December 31, 2004.

"(c) This section applies notwithstanding any other provision of

law enacted by the 101st Congress after October 15, 1990, that by

its terms would grant authority to, or otherwise affect the

authority of, the Secret Service or other departments or agencies

of the Federal Government to conduct or to assist the Department of

Justice in conducting investigations or prosecutions of fraud or

other criminal or unlawful activity in or against any federally

insured financial institution or the Resolution Trust Corporation,

and any other such provision shall not be effective in granting or

otherwise affecting any such authority."

[For transfer of the functions, personnel, assets, and

obligations of the United States Secret Service, including the

functions of the Secretary of the Treasury relating thereto, to the

Secretary of Homeland Security, and for treatment of related

references, see sections 381, 551(d), 552(d), and 557 of Title 6,

Domestic Security, and the Department of Homeland Security

Reorganization Plan of November 25, 2002, as modified, set out as a

note under section 542 of Title 6.]

PROCESSING OF NAME CHECKS AND BACKGROUND RECORDS FOR NONCRIMINAL

EMPLOYMENT, LICENSING, AND HUMANITARIAN PURPOSES

Pub. L. 101-162, title II, Nov. 21, 1989, 103 Stat. 995, provided

in part: "That for fiscal year 1990 and hereafter the Chief, United

States National Central Bureau, INTERPOL, may establish and collect

fees to process name checks and background records for noncriminal

employment, licensing, and humanitarian purposes and,

notwithstanding the provisions of 31 U.S.C. 3302, credit such fees

to this appropriation to be used for salaries and other expenses

incurred in providing these services".

EXPENSES OF LEGAL DEFENSE FOR FEDERAL GOVERNMENT EMPLOYEES

PERFORMING OFFICIAL DUTIES; FEES AND EXPENSES OF WITNESSES

Pub. L. 101-162, title II, Nov. 21, 1989, 103 Stat. 997,

provided: "That for fiscal year 1990 and hereafter the Attorney

General may enter into reimbursable agreements with other Federal

Government agencies or components within the Department of Justice

to pay expenses of private counsel to defend Federal Government

employees sued for actions while performing their official duties:

Provided further, That for fiscal year 1990 and hereafter the

Attorney General, upon notification to the Committees on

Appropriations of the House of Representatives and the Senate in

compliance with provisions set forth in section 606 of this Act

[Pub. L. 101-162, title VI, Nov. 21, 1989, 103 Stat. 1031], may

authorize litigating components to reimburse this account for

expert witness expenses when it appears current allocations will be

exhausted for cases scheduled for trial in the current fiscal

year."

UNIFORMS AND ALLOWANCES

Pub. L. 101-162, title II, Sec. 203, Nov. 21, 1989, 103 Stat.

1002, provided that: "For fiscal year 1990 and hereafter,

appropriations for 'Salaries and expenses, General Administration',

'Salaries and expenses, United States Marshals Service', 'Salaries

and expenses, Federal Bureau of Investigation', 'Salaries and

expenses, Drug Enforcement Administration', 'Salaries and expenses,

Immigration and Naturalization Service', and 'Salaries and

expenses, Federal Prison System', shall be available for uniforms

and allowances therefor as authorized by law (5 U.S.C. 5901-5902)."

[For abolition of Immigration and Naturalization Service,

transfer of functions, and treatment of related references, see

note set out under section 1551 of Title 8, Aliens and

Nationality.]

JUSTICE DEPARTMENT ORGANIZED CRIME AND DRUG ENFORCEMENT ENHANCEMENT

Pub. L. 100-690, title I, subtitle B, Nov. 18, 1988, 102 Stat.

4189, provided that:

"SEC. 1051. SHORT TITLE.

"This subtitle may be cited as the 'Justice Department Organized

Crime and Drug Enforcement Enhancement Act of 1988'.

"SEC. 1052. FINDINGS.

"The Congress finds that -

"(1) organized criminal activity contributes significantly to

the importation, distribution, and sale of illegal and dangerous

drugs;

"(2) trends in drug trafficking patterns necessitate a response

that gives appropriate weight to -

"(A) the prosecution of drug-related crimes; and

"(B) the forfeiture and seizure of assets and other civil

remedies used to strike at the inherent strength of the drug

networks and organized crime groups;

"(3) law enforcement components of the Department of Justice

should give high priority to the enforcement of civil sanctions

against drug networks and organized crime groups; and

"(4) the structure of the Department of Justice Criminal

Division needs to be reviewed in order to determine the most

effective structure to address such drug-related problems.

"SEC. 1053. CIVIL ENFORCEMENT REPORT.

"(a) Report. - Not later than 1 year after the date of the

enactment of this title [Nov. 18, 1988], the Director of National

Drug Control Policy (the Director) in consultation with the

Attorney General, shall report to the Congress on the necessity to

establish a new division or make other organizational changes

within the Department of Justice in order to promote better civil

and criminal law enforcement. In preparing such report, the

Director shall consider restructuring and consolidating one or more

of the following divisions and programs -

"(1) the Organized Crime and Racketeering Section of the

Criminal Division and all subordinate strike forces therein;

"(2) the Narcotic and Dangerous Drug Section of the Criminal

Division;

"(3) the Asset Forfeiture Office of the Criminal Division; and

"(4) the Organized Crime Drug Enforcement Task Force

Program;[.]

"(b) Legislative Recommendations. - The report submitted under

subsection (a) shall include appropriate legislative

recommendations for the Congress.

"SEC. 1054. CIVIL ENFORCEMENT ENHANCEMENT.

"(a) Duty of Attorney General. - The Attorney General shall

insure that each component of the Department of Justice having

criminal law enforcement responsibilities with respect to the

prosecution of organized crime and controlled substances

violations, including each United States Attorney's Office,

attaches a high priority to the enforcement of civil statutes

creating ancillary sanctions and remedies for such violations, such

as civil penalties and actions, forfeitures, injunctions and

restraining orders, and collection of fines.

"(b) Duty of Associate Attorney General. - The Associate Attorney

General shall be responsible for implementing the policy set forth

in this subsection.

"(c) Authorization of Appropriations. - (1) There are authorized

to be appropriated $3,000,000 for salaries and expenses to the

Department of Justice General Legal Activities Account and

$3,000,000 for salaries and expenses for United States Attorneys

for fiscal year 1989.

"(2) Any appropriation of funds authorized under paragraph (1)

shall be -

"(A) in addition to any appropriations requested by the

President in the 1989 fiscal year budget submitted by the

President to the Congress on February 18, 1988, or provided in

regular appropriations Acts or continuing resolutions for the

fiscal year ending September 30, 1989; and

"(B) used to increase the number of field attorneys and related

support staff over such personnel levels employed at the

Department of Justice on September 30, 1988.

"(3) Any increase in full-time equivalent positions described

under paragraph (2)(B) shall be exclusively used for asset

forfeiture and civil enforcement and be assigned to appropriate

field offices of the Organized Crime and Racketeering Section and

the Organized Crime Drug Enforcement Task Forces.

"(d) Reporting Requirement. - The Attorney General, at the end of

each such fiscal year, shall file a report with the Congress

setting forth the extent of such enforcement efforts, as well as

the need for any enhancements in resources necessary to carry out

this policy.

"SEC. 1055. EXPENSES OF TASK FORCES.

"(a) Appropriations and Reimbursements Procedure. - Beginning in

fiscal year 1990, the Attorney General in his budget shall submit a

separate appropriations request for expenses relating to all

Federal agencies participating in the Organized Crime Drug

Enforcement Task Forces. Such appropriations shall be made to the

Department of Justice's Interagency Law Enforcement Appropriation

Account for the Attorney General to make reimbursements to the

involved agencies as necessary.

"(b) Enhancement of Field Activities. - The appropriations and

reimbursements procedure described under subsection (a) shall -

"(1) provide for the flexibility of the Task Forces which is

vital to success;

"(2) permit Federal law enforcement resources to be shifted in

response to changing patterns of organized criminal drug

activities;

"(3) permit the Attorney General to reallocate resources among

the organizational components of the Task Forces and between

regions without undue delay; and

"(4) ensure that the Task Forces function as a unit, without

the competition for resources among the participating agencies

that would undermine the overall effort."

[For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a report required under section 1054(d) of Pub. L. 100-690,

set out above, is listed on page 118), see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title

31, Money and Finance.]

IMPACT ANALYSIS OF ADDITIONAL RESOURCES TO CERTAIN COMPONENTS OF

FEDERAL CRIMINAL JUSTICE SYSTEM; STUDY BY COMPTROLLER GENERAL AND

REPORT TO CONGRESS

Pub. L. 100-690, title IX, Sec. 9201, Nov. 18, 1988, 102 Stat.

4535, provided that:

"(a) Study. - The Comptroller General of the United States shall

conduct a study -

"(1) to determine the impact of additional resources to certain

components of the Federal criminal justice system on other

components of the system and of enhanced or new Federal criminal

penalties or laws on the agencies and offices of the Department

of Justice, the Federal courts, and other components of the

Federal criminal justice system; and

"(2) use the data derived from the impact analysis to develop a

model that can be applied by Congress and Federal agencies and

departments to help determine appropriate staff and budget

responses in order to maintain balance in the Federal criminal

justice system and effectively implement changes in resources,

laws, or penalties.

"(b) Report to Congress. - The Comptroller General shall report

the results and recommendations derived from the study required by

subsection (a) no later than 1 year after the date of enactment of

this Act [Nov. 18, 1988]."

FEDERAL ENVIRONMENTAL OR NATURAL RESOURCE LAWS; INVESTIGATIONS

RESPECTING, ETC.

Pub. L. 96-132, Sec. 12, Nov. 30, 1979, 93 Stat. 1048, provided

that: "The Attorney General may, with the concurrence of any agency

or Department with primary enforcement responsibility for an

environmental or natural resource law, investigate any violation,

of an environmental or natural resource law of the United States,

and bring such actions as are necessary to enforce such laws. This

section does not affect the criminal law enforcement authority of

the Attorney General."

POSITIONS IN DRUG ENFORCEMENT ADMINISTRATION; GRADES EXCEPTED FROM

COMPETITIVE SERVICE; VACANCIES; REMOVAL, SUSPENSION, OR REDUCTION

IN RANK OR PAY; RATE OF PAY

Pub. L. 94-503, title II, Sec. 201, Oct. 15, 1976, 90 Stat. 2425,

provided that:

"(a) Effective beginning one year after date of the enactment of

this Act [Oct. 15, 1976], the following positions in the Drug

Enforcement Administration (and individuals holding such positions)

are hereby excepted from the competitive service:

"(1) positions at GS-16, 17, and 18 of the General Schedule

under section 5332(a) of title 5, United States Code, and

"(2) positions at GS-15 of the General Schedule which are

designated as -

"(A) regional directors,

"(B) office heads, or

"(C) executive assistants (or equivalent positions) under the

immediate supervision of the Administrator (or the Deputy

Administrator) of the Drug Enforcement Administration.

"(b) Effective during the one year period beginning on the date

of the enactment of this Act [Oct. 15, 1976], vacancies in

positions in the Drug Enforcement Administration (other than

positions described in subsection (a)) at a grade not lower than

GS-14 shall be filled -

"(1) first, from applicants who have continuously held

positions described in subsection (a) since the date of the

enactment of this Act and who have applied for, and are qualified

to fill, such vacancies, and

"(2) then, from other applicants in the order which would have

occurred in the absence of this subsection.

Any individual placed in a position under paragraph (1) shall be

paid in accordance with subsection (d).

"(c)(1) Effective beginning one year after the date of the

enactment of this Act [Oct. 15, 1976], an individual in a position

described in subsection (a) may be removed, suspended for more than

30 days, furloughed without pay, or reduced in rank or pay by the

Administrator of the Drug Enforcement Administration if -

"(A) such individual has been employed in the Drug Enforcement

Administration for less than the one-year period immediately

preceding the date of such action, and

"(B) the Administrator determines, in his discretion, that such

action would promote the efficiency of the service.

"(2) Effective beginning one year after the date of the enactment

of this Act [Oct. 15, 1976], an individual in a position described

in subsection (a) may be reduced in rank or pay by the

Administrator within the Drug Enforcement Administration if -

"(A) such individual has been continuously employed in such

position since the date of the enactment of this Act, and

"(B) the Administrator determines, in his discretion, that such

action would promote the efficiency of the service.

Any individual reduced in rank or pay under this paragraph shall be

paid in accordance with subsection (d).

"(3) The provisions of sections 7512 and 7701 of title 5, United

States Code, and otherwise applicable Executive orders, shall not

apply with respect to actions taken by the Administrator under

paragraph (1) or any reduction in rank or pay (under paragraph (2)

or otherwise) of any individual in a position described in

subsection (a).

"(d) Any individual whose pay is to be determined in accordance

with this subsection shall be paid basic pay at the rate of basic

pay he was receiving immediately before he was placed in a position

under subsection (b)(1) or reduced in rank or pay under subsection

(c)(2), as the case may be, until such time as the rate of basic

pay he would receive in the absence of this subsection exceeds such

rate of basic pay. The provisions of section 5337 of title 5,

United States Code, shall not apply in any case in which this

subsection applies."

[References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.]

REORGANIZATION PLAN NO. 1 OF 1968

Eff. Apr. 8, 1968, 33 F.R. 5611, 82 Stat. 1367, as amended Reorg.

Plan No. 2 of 1973, Sec. 3, eff. July 1, 1973, 38 F.R. 15932, 87

Stat. 1091

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, February 7, 1968,

pursuant to the provisions of chapter 9 of title 5 of the United

States Code.

NARCOTICS; DRUG ABUSE CONTROL

SECTION 1. TRANSFER OF FUNCTIONS FROM TREASURY DEPARTMENT

There are hereby transferred to the Attorney General:

(a) Those functions of the Secretary of the Treasury which are

administered through or with respect to the Bureau of Narcotics.

(b) All functions of the Bureau of Narcotics, of the Commissioner

of Narcotics, and of all other officers, employees and agencies of

the Bureau of Narcotics.

(c) So much of other functions or parts of functions of the

Secretary of the Treasury and the Department of the Treasury as is

incidental to or necessary for the performance of the functions

transferred by paragraphs (a) and (b) of this section.

SEC. 2. TRANSFER OF FUNCTIONS FROM THE DEPARTMENT OF HEALTH,

EDUCATION, AND WELFARE

There are hereby transferred to the Attorney General:

(a) The functions of the Secretary of Health, Education, and

Welfare under the Drug Abuse Control Amendments of 1965 (Public Law

89-74; 79 Stat. 226) [see Short Title note under 21 U.S.C. 301],

except the function of regulating the counterfeiting of those drugs

which are not controlled "depressant or stimulant" drugs.

(b) So much of other functions or parts of functions of the

Secretary of Health, Education, and Welfare, and of the Department

of Health, Education, and Welfare, as is incidental to or necessary

for the performance of the functions transferred by paragraph (a)

of this section.

SEC. 3. BUREAU OF NARCOTICS AND DANGEROUS DRUGS

(a) [Repealed. Reorg. Plan No. 2 of 1973, Sec. 3, 38 F.R. 15932,

87 Stat. 1091, eff. July 1, 1973. Subsection established the Bureau

of Narcotics and Dangerous Drugs in the Department of Justice and

provided that it be headed by a Director appointed by the Attorney

General.]

(b) There are hereby established in the Department of Justice, in

addition to the positions transferred to that Department by this

Plan, four new positions, appointment to which shall be made by the

Attorney General in the competitive service. Two of those positions

shall have compensation at the rate now or hereafter provided for

GS-18 positions of the General Schedule and the other two shall

have compensation at the rate now or hereafter provided for GS-16

positions of the General Schedule (5 U.S.C. 5332). Each such

position shall have such title and duties as the Attorney General

shall prescribe.

[References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.]

SEC. 4. ABOLITION

The Bureau of Narcotics in the Department of the Treasury,

including the office of Commissioner of Narcotics (21 U.S.C. 161),

is hereby abolished. The Secretary of the Treasury shall make such

provision as he may deem necessary with respect to terminating

those affairs of the Bureau of Narcotics not otherwise provided for

in this reorganization plan.

SEC. 5. PERFORMANCE OF TRANSFERRED FUNCTIONS

The Attorney General may from time to time make such provisions

as he shall deem appropriate authorizing the performance of any of

the functions transferred to him by the provisions of this

reorganization plan by any officer, employee, or organizational

entity of the Department of Justice.

SEC. 6. INCIDENTAL TRANSFERS

(a) There are hereby transferred to the Department of Justice all

of the positions, personnel, property, records, and unexpended

balances of appropriations, allocations, and other funds, available

or to be made available, (1) of the Bureau of Narcotics, and (2) of

the Bureau of Drug Abuse Control of the Department of Health,

Education, and Welfare.

(b) There shall be transferred to the Department of Justice, at

such time or times as the Director of the Bureau of the Budget

shall direct, so much as the Director shall determine of other

positions, personnel, property, records and unexpended balances of

appropriations, allocations, and other funds of the Department of

the Treasury and of the Department of Health, Education, and

Welfare employed, used, held, available or to be made available in

connection with functions transferred by the provisions of this

reorganization plan.

(c) Such further measures and dispositions as the Director of the

Bureau of the Budget shall deem to be necessary in order to

effectuate the transfers provided in this section shall be carried

out in such manner as he may direct and by such agencies as he

shall designate.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

In my first Reorganization Plan of 1968, I call for the creation

of a new and powerful Bureau of Narcotics and Dangerous Drugs.

With this action, America will serve notice to the pusher and the

peddler that their criminal acts must stop.

No matter how well organized they are, we will be better

organized. No matter how well they have concealed their activities,

we will root them out.

Today, Federal investigation and enforcement of our narcotics

laws are fragmented. One major element - the Bureau of Narcotics -

is in the Treasury Department and responsible for the control of

marihuana and narcotics such as heroin. Another - the Bureau of

Drug Abuse Control - is in the Department of Health, Education, and

Welfare, and is responsible for the control of dangerous drugs

including depressants, stimulants, and hallucinogens such as LSD.

Neither is located in the agency which is primarily concerned

with Federal law enforcement - the Department of Justice.

This separation of responsibilities - despite the relentless and

dedicated efforts of the agents of each Bureau - has complicated

and hindered our response to a national menace.

For example, more than nine out of ten seizures of LSD made by

the Bureau of Drug Abuse Control have also turned up marihuana -

but that Bureau has no jurisdiction over marihuana.

In many instances, we are confronted by well organized

disciplined and resourceful criminals who reap huge profits at the

expense of their unfortunate victims.

The response of the Federal Government must be unified. And it

must be total.

Today, in my Message on Crime, I recommended strong new laws to

control dangerous drugs. I also recommended an increase of more

than thirty percent in the number of Federal agents enforcing the

narcotic and dangerous drug laws.

I now propose that a single Bureau of Narcotics and Dangerous

Drugs be established in the Department of Justice to administer

those laws and to bring to the American people the most efficient

and effective Federal enforcement machinery we can devise.

Under this Reorganization Plan the Attorney General will have

full authority and responsibility for enforcing the Federal laws

relating to narcotics and dangerous drugs. The new Bureau of

Narcotics and Dangerous Drugs, to be headed by a Director appointed

by the Attorney General, will:

- consolidate the authority and preserve the experience and

manpower of the Bureau of Narcotics and the Bureau of Drug

Abuse Control.

- work with states and local governments in their crackdown on

illegal trade in drugs and narcotics, and help to train local

agents and investigators.

- maintain worldwide operations, working closely with other

nations, to suppress the trade in illicit narcotics and

marihuana.

- conduct an extensive campaign of research and a nationwide

public education program on drug abuse and its tragic effects.

The Plan I forward today moves in the direction recommended by

two distinguished groups:

- 1949 Hoover Commission.

- the 1963 Presidential Advisory Commission on Narcotic and Drug

Abuse.

This Administration and this Congress have the will and the

determination to stop the illicit traffic in drugs.

But we need more than the will and the determination. We need a

modern and efficient instrument of Government to transform our

plans into action. That is what this Reorganization Plan calls for.

The Plan has been prepared in accordance with chapter 9 of title

5 of the United States Code.

I have found, after investigation, that each reorganization

included in the plan is necessary to accomplish one or more of the

purposes set forth in section 901(a) of title 5 of the United

States Code.

I have also found that, by reason of these reorganizations, it is

necessary to include in the accompanying plan provisions for the

appointment and compensation of the five new positions as specified

in section 3 of the plan. The rates of compensation fixed for these

new positions are those which I have found to prevail in respect of

comparable positions in the Executive Branch of the Government.

Should the reorganization I propose take effect, they will make

possible more effective and efficient administration of Federal law

enforcement functions. It is not practicable at this time, however,

to itemize the reduction in expenditures which may result.

I recommend that the Congress allow this urgently needed and

important Reorganization Plan to become effective.

Lyndon B. Johnson.

The White House, February 7, 1968

REORGANIZATION PLAN NO. 2 OF 1973

Effective July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, as amended

Pub. L. 93-253, Sec. 1, Mar. 16, 1974, 88 Stat. 50

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, March 28, 1973,

pursuant to the provisions of Chapter 9 of Title 5 of the United

States Code.

LAW ENFORCEMENT IN ILLICIT DRUG ACTIVITIES

SECTION 1. TRANSFERS TO THE ATTORNEY GENERAL

There are hereby transferred from the Secretary of the Treasury,

the Department of the Treasury, and any other officer or any agency

of the Department of the Treasury, to the Attorney General all

intelligence, investigative, and law enforcement functions, vested

by law in the Secretary, the Department, officers, or agencies

which relate to the suppression of illicit traffic in narcotics,

dangerous drugs, or marihuana, except that the Secretary shall

retain, and continue to perform, those functions, to the extent

that they relate to searches and seizures of illicit narcotics,

dangerous drugs, or marihuana or to the apprehension or detention

of persons in connection therewith, at regular inspection locations

at ports of entry or anywhere along the land or water borders of

the United States: Provided, that any illicit narcotics, dangerous

drugs, marihuana, or related evidence seized, and any person

apprehended or detained by the Secretary or any officer of the

Department of the Treasury, pursuant to the authority retained in

them by virtue of this section, shall be turned over forthwith to

the jurisdiction of the Attorney General: Provided further, that

nothing in this section shall be construed as limiting in any way

any authority vested by law in the Secretary of the Treasury, the

Department of the Treasury, or any other officer or any agency of

that Department on the effective date of this Plan with respect to

contraband other than illicit narcotics, dangerous drugs, and

marihuana: and Provided further, that nothing in this section shall

be construed as limiting in any way any authority the Attorney

General, the Department of Justice, or any other officer or any

agency of that Department may otherwise have to make investigations

or engage in law enforcement activities, including activities

relating to the suppression of illicit traffic in narcotics,

dangerous drugs, and marihuana, at ports of entry or along the land

and water borders of the United States.

SEC. 2. TRANSFERS TO THE SECRETARY OF THE TREASURY

[Repealed. Pub. L. 93-253, Sec. 1(a)(1), (b), Mar. 16, 1974, 88

Stat. 50, eff. July 1, 1973. Section provided for transfer to

Secretary of the Treasury of functions vested in Attorney General,

Department of Justice, or any other officer of such Department

respecting inspection at ports of entry of persons, and documents

of persons, entering or leaving the United States.]

SEC. 3. ABOLITION

The Bureau of Narcotics and Dangerous Drugs, including the Office

of Director thereof, is hereby abolished, and section 3(a) of

Reorganization Plan No. 1 of 1968 is hereby repealed. The Attorney

General shall make such provision as he may deem necessary with

respect to terminating those affairs of the Bureau of Narcotics and

Dangerous Drugs not otherwise provided for in this Reorganization

Plan.

SEC. 4. DRUG ENFORCEMENT ADMINISTRATION

There is established in the Department of Justice an agency which

shall be known as the Drug Enforcement Administration, hereinafter

referred to as "the Administration."

SEC. 5. OFFICERS OF THE ADMINISTRATION

(a) There shall be at the head of the Administration the

Administrator of Drug Enforcement, hereinafter referred to as "the

Administrator." The Administrator shall be appointed by the

President by and with the advice and consent of the Senate, and

shall receive compensation at the rate now or hereafter prescribed

by law for positions of level III of the Executive Schedule Pay

Rates (5 U.S.C. 5314). He shall perform such functions as the

Attorney General shall from time to time direct.

(b) There shall be in the Administration a Deputy Administrator

of the Drug Enforcement Administration, hereinafter referred to as

"the Deputy Administrator," who shall be appointed by the President

by and with the advice and consent of the Senate, shall perform

such functions as the Attorney General may from time to time

direct, and shall receive compensation at the rate now or hereafter

prescribed by law for positions of level V of the Executive

Schedule Pay Rates (5 U.S.C. 5316).

(c) The Deputy Administrator or such other official of the

Department of Justice as the Attorney General shall from time to

time designate shall act as Administrator during the absence or

disability of the Administrator or in the event of a vacancy in the

office of Administrator.

SEC. 6. PERFORMANCE OF TRANSFERRED FUNCTIONS

The Attorney General may from time to time make such provisions

as he shall deem appropriate authorizing the performance of any of

the functions transferred to him by the provisions of this

Reorganization Plan by any officer, employee, or agency of the

Department of Justice.

[Section, former subsec. (a) designation, and subsec. (b)

providing for performance of functions transferred to Secretary of

Treasury by any officer, employee, or agency of Treasury

Department, repealed by Pub. L. 93-253, Sec. 1(a)(2), (b), Mar. 16,

1974, 88 Stat. 50, eff. July 1, 1973.]

SEC. 7. COORDINATION

The Attorney General, acting through the Administrator and such

other officials of the Department of Justice as he may designate,

shall provide for the coordination of all drug law enforcement

functions vested in the Attorney General so as to assure maximum

cooperation between and among the Administration, the Federal

Bureau of Investigation, and other units of the Department involved

in the performance of these and related functions.

SEC. 8. INCIDENTAL TRANSFERS

(a) So much of the personnel, property, records, and unexpended

balances of appropriations, allocations, and other funds employed,

used, held, available or to be made available in connection with

the functions transferred to the Attorney General and to the

Secretary of the Treasury by this Reorganization Plan as the

Director of the Office of Management and Budget shall determine

shall be transferred to the Department of Justice and to the

Department of the Treasury, respectively, at such time or times as

the Director shall direct.

(b) Such further measures and dispositions as the Director of the

Office of Management and Budget shall deem to be necessary in order

to effectuate transfers referred to in subsection (a) of this

section shall be carried out in such manner as he shall direct and

by such Federal agencies as he shall designate.

SEC. 9. INTERIM OFFICERS

(a) The President may authorize any person who, immediately prior

to the effective date of this Reorganization Plan, held a position

in the Executive Branch of the Government to act as Administrator

until the office of Administrator is for the first time filled

pursuant to the provisions of this Reorganization Plan or by recess

appointment as the case may be.

(b) The President may similarly authorize any such person to act

as Deputy Administrator.

(c) The President may authorize any person who serves in an

acting capacity under the foregoing provisions of this section to

receive the compensation attached to the office in respect to which

he so serves. Such compensation, if authorized, shall be in lieu

of, but not in addition to, other compensation from the United

States to which such person may be entitled.

SEC. 10. EFFECTIVE DATE

The provisions of this Reorganization Plan shall take effect as

provided by section 906(a) of title 5 of the United States Code or

on July 1, 1973, whichever is later.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

Drug abuse is one of the most vicious and corrosive forces

attacking the foundations of American society today. It is a major

cause of crime and a merciless destroyer of human lives. We must

fight it with all of the resources at our command.

This Administration has declared all-out, global war on the drug

menace. As I reported to the Congress earlier this month in my

State of the Union message, there is evidence of significant

progress on a number of fronts in that war.

Both the rate of new addiction to heroin and the number of

narcotic-related deaths showed an encouraging downturn last year.

More drug addicts and abusers are in treatment and rehabilitation

programs than ever before.

Progress in pinching off the supply of illicit drugs was evident

in last year's stepped-up volume of drug seizures worldwide - which

more than doubled in 1972 over the 1971 level.

Arrests of traffickers have risen by more than one-third since

1971. Prompt Congressional action on my proposal for mandatory

minimum sentences for pushers of hard drugs will help ensure that

convictions stemming from such arrests lead to actual imprisonment

of the guilty.

Notwithstanding these gains, much more must be done. The

resilience of the international drug trade remains grimly

impressive - current estimates suggest that we still intercept only

a small fraction of all the heroin and cocaine entering this

country. Local police still find that more than one of every three

suspects arrested for street crimes is a narcotic abuser or addict.

And the total number of Americans addicted to narcotics, suffering

terribly themselves and inflicting their suffering in countless

others, still stands in the hundreds of thousands.

A UNIFIED COMMAND FOR DRUG ENFORCEMENT

Seeking ways to intensify our counter-offensive against this

menace, I am asking the Congress today to join with this

Administration in strengthening and streamlining the Federal drug

law enforcement effort.

Funding for this effort has increased sevenfold during the past

five years, from $36 million in fiscal year 1969 to $257 million in

fiscal year 1974 - more money is not the most pressing enforcement

need at present. Nor is there a primary need for more manpower

working on the problem, over 2100 new agents having already been

added to the Federal drug enforcement agencies under this

Administration, an increase of more than 250 percent over the 1969

level.

The enforcement work could benefit significantly, however, from

consolidation of our anti-drug forces under a single unified

command. Right now the Federal Government is fighting the war on

drug abuse under a distinct handicap, for its efforts are those of

a loosely confederated alliance facing a resourceful, elusive,

worldwide enemy. Admiral Mahan, the master naval strategist,

described this handicap precisely when he wrote that "Granting the

same aggregate of force, it is never as great in two hands as in

one, because it is not perfectly concentrated."

More specifically, the drug law enforcement activities of the

United States now are not merely in two hands but in half a dozen.

Within the Department of Justice, with no overall direction below

the level of the Attorney General, these fragmented forces include

the Bureau of Narcotics and Dangerous Drugs, the Office for Drug

Abuse Law Enforcement, the Office of National Narcotics

Intelligence, and certain activities of the Law Enforcement

Assistance Administration. The Treasury Department is also heavily

engaged in enforcement work through the Bureau of Customs.

This aggregation of Federal activities has grown up rapidly over

the past few years in response to the urgent need for stronger

anti-drug measures. It has enabled us to make a very encouraging

beginning in the accelerated drug enforcement drive of this

Administration.

But it also has serious operational and organizational

shortcomings. Certainly the cold-blooded underworld networks that

funnel narcotics from suppliers all over the world into the veins

of American drug victims are no respecters of the bureaucratic

dividing lines that now complicate our anti-drug efforts. On the

contrary, these modern-day slave traders can derive only advantage

from the limitations of the existing organizational patchwork.

Experience has now given us a good basis for correcting those

limitations, and it is time to do so.

I therefore propose creation of a single, comprehensive Federal

agency within the Department of Justice to lead the war against

illicit drug traffic.

Reorganization Plan No. 2 of 1973, which I am transmitting to the

Congress with this message, would establish such an agency, to be

called the Drug Enforcement Administration. It would be headed by

an Administrator reporting directly to the Attorney General.

The Drug Enforcement Administration would carry out the following

anti-drug functions, and would absorb the associated manpower and

budgets:

- All functions of the Bureau of Narcotics and Dangerous Drugs

(which would be abolished as a separate entity by the

reorganization plan);

- Those functions of the Bureau of Customs pertaining to drug

investigations and intelligence (to be transferred from the

Treasury Department to the Attorney General by the

reorganization plan).

- All functions of the Office of Drug Abuse Law Enforcement; and

- All functions of the Office of National Narcotics

Intelligence.

Merger of the latter two organizations into the new agency would

be effected by an executive order dissolving them and transferring

their functions, to take effect upon approval of Reorganization

Plan No. 2 by the Congress. Drug law enforcement research currently

funded by the Law Enforcement Assistance Administration and other

agencies would also be transferred to the new agency by executive

action.

The major responsibility of the Drug Enforcement Administration

would thus include:

- development of overall Federal drug law enforcement strategy,

programs, planning, and evaluation;

- full investigation and preparation for prosecution of suspects

for violations under all Federal drug trafficking laws;

- full investigation and preparation for prosecution of suspects

connected with illicit drugs seized at U.S. ports-of-entry and

international borders;

- conduct of all relations with drug law enforcement officials

of foreign governments, under the policy guidance of the

Cabinet Committee on International Narcotics Control;

- full coordination and cooperation with State and local law

enforcement officials on joint drug enforcement efforts; and

- regulation of the legal manufacture of drugs and other

controlled substances under Federal regulations.

The Attorney General, working closely with the Administrator of

this new agency, would have authority to make needed program

adjustments. He would take steps within the Department of Justice

to ensure that high priority emphasis is placed on the prosecution

and sentencing of drug traffickers following their apprehension by

the enforcement organization. He would also have the authority and

responsibility for securing the fullest possible

cooperation-particularly with respect to collection of drug

intelligence - from all Federal departments and agencies which can

contribute to the anti-drug work, including the Internal Revenue

Service and the Federal Bureau of Investigation.

My proposals would make possible a more effective antidrug role

for the FBI, especially in dealing with the relationship between

drug trafficking and organized crime. I intend to see that the

resources of the FBI are fully committed to assist in supporting

the new Drug Enforcement Administration.

The consolidation effected under Reorganization Plan No. 2 would

reinforce the basic law enforcement and criminal justice mission of

the Department of Justice. With worldwide drug law enforcement

responsibilities no longer divided among several organizations in

two different Cabinet departments, more complete and cumulative

drug law enforcement intelligence could be compiled. Patterns of

international and domestic illicit drug production, distribution,

and sale could be more directly compared and interpreted.

Case-by-case drug law enforcement activities could be more

comprehensively linked, cross-referenced, and coordinated into a

single, organic enforcement operation. In short, drug law

enforcement officers would be able to spend more time going after

the traffickers and less time coordinating with one another.

Such progress could be especially helpful on the international

front. Narcotics control action plans, developed under the

leadership of the Cabinet Committee on International Narcotics

Control, are now being carried out by U.S. officials in cooperation

with host governments in 59 countries around the world. This

wide-ranging effort to cut off drug supplies before they ever reach

U.S. borders or streets is just now beginning to bear fruit. We can

enhance its effectiveness, with little disruption of ongoing

enforcement activities, by merging both the highly effective

narcotics force of overseas Customs agents and the rapidly

developing international activities of the Bureau of Narcotics and

Dangerous Drugs into the Drug Enforcement Administration. The new

agency would work closely with the Cabinet Committee under the

active leadership of the U.S. Ambassador in each country where

anti-drug programs are underway.

Two years ago, when I established the Special Action Office for

Drug Abuse Prevention within the Executive Office of the President,

we gained an organization with the necessary resources, breadth,

and leadership capacity to begin dealing decisively with the

"demand" side of the drug abuse problem - treatment and

rehabilitation for those who have been drug victims, and preventive

programs for potential drug abusers. This year, by permitting my

reorganization proposals to take effect, the Congress can help

provide a similar capability on the "supply" side. The proposed

Drug Enforcement Administration, working as a team with the Special

Action Office, would arm Americans with a potent one-two punch to

help us fight back against the deadly menace of drug abuse. I ask

full Congressional cooperation in its establishment.

IMPROVING PORT-OF-ENTRY INSPECTIONS

No heroin or cocaine is produced within the United States;

domestic availability of these substances results solely from their

illegal importation. The careful and complete inspection of all

persons and goods coming into the United States is therefore an

integral part of effective Federal drug law enforcement.

At the present time, however, Federal responsibility for

conducting port-of-entry inspections is awkwardly divided among

several Cabinet departments. The principal agencies involved are

the Treasury Department's Bureau of Customs, which inspects goods,

and the Justice Department's Immigration and Naturalization

Service, which inspects persons and their papers. The two utilize

separate inspection procedures, hold differing views of inspection

priorities, and employ dissimilar personnel management practices.

To reduce the possibility that illicit drugs will escape

detection at ports-of-entry because of divided responsibility, and

to enhance the effectiveness of the Drug Enforcement

Administration, the reorganization plan which I am proposing today

would transfer to the Secretary of the Treasury all functions

currently vested in Justice Department officials to inspect

persons, or the documents of persons.

When the plan takes effect, it is my intention to direct the

Secretary of the Treasury to use the resources so transferred -

including some 1,000 employees of the Immigration and

Naturalization Service - to augment the staff and budget of the

Bureau of Customs. The Bureau's primary responsibilities would then

include:

- inspection of all persons and goods entering the United

States;

- valuation of goods being imported, and assessment of

appropriate tariff duties;

- interception of contraband being smuggled into the United

States;

- enforcement of U.S. laws governing the international movement

of goods, except the investigation of contraband drugs and

narcotics; and

- turning over the investigation responsibility for all drug law

enforcement cases to the Department of Justice.

The reorganization would thus group most port-of-entry inspection

functions in a single Cabinet department. It would reduce the need

for much day-to-day interdepartmental coordination, allow more

efficient staffing at some field locations, and remove the basis

for damaging interagency rivalries. It would also give the

Secretary of the Treasury the authority and flexibility to meet

changing requirements in inspecting the international flow of

people and goods. An important by-product of the change would be

more convenient service for travellers entering and leaving the

country.

For these reasons, I am convinced that inspection activities at

U.S. ports-of-entry can more effectively support our drug law

enforcement efforts if concentrated in a single agency. The

processing of persons at ports-of-entry is too closely interrelated

with the inspection of goods to remain organizationally separated

from it any longer. Both types of inspections have numerous

objectives besides drug law enforcement, so it is logical to vest

them in the Treasury Department, which has long had the principal

responsibility for port-of-entry inspection of goods, including

goods being transported in connection with persons. As long as the

inspections are conducted with full awareness of related drug

concerns it is neither necessary nor desirable that they be made a

responsibility of the primary drug enforcement organization.

DECLARATIONS

After investigation, I have found that each action included in

Reorganization Plan No. 2 of 1973 is necessary to accomplish one or

more of the purposes set forth in Section 901(a) of Title 5 of the

United States Code. In particular, the plan is responsive of the

intention of the Congress as expressed in Section 901(a)(1): "to

promote better execution of the laws, more effective management of

the executive branch and of its agencies and functions, and

expeditious administration of the public business;" Section

901(a)(3): "to increase the efficiency of the operations of the

Government to the fullest extent practicable;" Section 901(a)(5)

"to reduce the number of agencies by consolidating those having

similar functions under a single head, and to abolish such agencies

or functions as may not be necessary for the efficient conduct of

the Government;" and Section 901(a)(6): "to eliminate overlapping

and duplication of effort."

As required by law, the plan has one logically consistent subject

matter: consolidation of Federal drug law enforcement activities in

a manner designed to increase their effectiveness.

The plan would establish in the Department of Justice a new

Administration designated as the Drug Enforcement Administration.

The reorganizations provided for in the plan make necessary the

appointment and compensation of new officers as specified in

Section 5 of the plan. The rates of compensation fixed for these

officers would be comparable to those fixed for officers in the

executive branch who have similar responsibilities.

While it is not practicable to specify all of the expenditure

reductions and other economies which may result from the actions

proposed, some savings may be anticipated in administrative costs

now associated with the functions being transferred and

consolidated.

The proposed reorganization is a necessary step in upgrading the

effectiveness of our Nation's drug law enforcement effort. Both of

the proposed changes would build on the strengths of established

agencies, yielding maximum gains in the battle against drug abuse

with minimum loss of time and momentum in the transition.

I am confident that this reorganization plan would significantly

increase the overall efficiency and effectiveness of the Federal

Government. I urge the Congress to allow it to become effective.

Richard Nixon.

The White House, March 28, 1973

-EXEC-

EX. ORD. NO. 12146. MANAGEMENT OF FEDERAL LEGAL RESOURCES

Ex. Ord. No. 12146, July 18, 1979, 44 F.R. 42657, as amended by

Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No.

13286, Sec. 53, Feb. 28, 2003, 68 F.R. 10628, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States of America, it is hereby ordered

as follows:

-MISC3-

1-1. ESTABLISHMENT OF THE FEDERAL LEGAL COUNCIL

1-101. There is hereby established the Federal Legal Council,

which shall be composed of the Attorney General and the

representatives of not more than 16 other agencies. The agency

representative shall be designated by the head of the agency.

1-102. The initial membership of the Council, in addition to the

Attorney General, shall consist of representatives designated by

the heads of the following agencies:

(a) The Department of Commerce.

(b) The Department of Defense.

(c) The Department of Energy.

(d) The Environmental Protection Agency.

(e) The Equal Employment Opportunity Commission.

(f) The Federal Trade Commission.

(g) The Department of Health and Human Services.

(h) The Interstate Commerce Commission.

(i) The Department of Labor.

(j) The National Labor Relations Board.

(k) The Securities and Exchange Commission.

(l) The Department of State.

(m) The Department of the Treasury.

(n) The Department of Homeland Security.

(o) The United States Postal Service and

(p) the Veterans Administration.

1-103. The initial members of the Council shall serve for a term

of two years. Thereafter, the agencies which compose the membership

shall be designated annually by the Council and at least five

positions on the Council, other than that held by the Attorney

General, shall rotate annually.

1-104. In addition to the above members, the Directors of the

Office of Management and Budget and the Office of Personnel

Management, or their designees, shall be advisory members of the

Council.

1-105. The Attorney General shall chair the Council and provide

staff for its operation. Representatives of agencies that are not

members of the Council may serve on or chair subcommittees of the

Council.

1-2. FUNCTIONS OF THE COUNCIL

1-201. The Council shall promote:

(a) coordination and communication among Federal legal offices;

(b) improved management of Federal lawyers, associated support

personnel, and information systems;

(c) improvements in the training provided to Federal lawyers;

(d) the facilitation of the personal donation of pro bono legal

services by Federal attorneys;

(e) the use of joint or shared legal facilities in field offices;

and

(f) the delegation of legal work to field offices.

1-202. The Council shall study and seek to resolve problems in

the efficient and effective management of Federal legal resources

that are beyond the capacity or authority of individual agencies to

resolve.

1-203. The Council shall develop recommendations for legislation

and other actions: (a) to increase the efficient and effective

operation and management of Federal legal resources, including

those matters specified in Section 1-201, and (b) to avoid

inconsistent or unnecessary litigation by agencies.

1-3. LITIGATION NOTICE SYSTEM

1-301. The Attorney General shall establish and maintain a

litigation notice system that provides timely information about all

civil litigation pending in the courts in which the Federal

Government is a party or has a significant interest.

1-302. The Attorney General shall issue rules to govern operation

of the notice system. The rules shall include the following

requirement:

(a) All agencies with authority to litigate cases in court shall

promptly notify the Attorney General about those cases that fall in

classes or categories designated from time to time by the Attorney

General.

(b) The Attorney General shall provide all agencies reasonable

access to the information collected in the litigation notice

system.

1-4. RESOLUTION OF INTERAGENCY LEGAL DISPUTES

1-401. Whenever two or more Executive agencies are unable to

resolve a legal dispute between them, including the question of

which has jurisdiction to administer a particular program or to

regulate a particular activity, each agency is encouraged to submit

the dispute to the Attorney General.

1-402. Whenever two or more Executive agencies whose heads serve

at the pleasure of the President are unable to resolve such a legal

dispute, the agencies shall submit the dispute to the Attorney

General prior to proceeding in any court, except where there is

specific statutory vesting of responsibility for a resolution

elsewhere.

1-5. ACCESS TO LEGAL OPINIONS

1-501. In addition to the disclosure now required by law, all

agencies are encouraged to make available for public inspection and

copying other opinions of their legal officers that are statements

of policy or interpretation that have been adopted by the agency,

unless the agency determines that disclosure would result in

demonstrable harm.

1-502. All agencies are encouraged to make available on request

other legal opinions, when the agency determines that disclosure

would not be harmful.

1-6. AUTOMATED LEGAL RESEARCH AND INFORMATION SYSTEMS

1-601. The Attorney General, in coordination with the Secretary

of Defense and other agency heads, shall provide for a computerized

legal research system that will be available to all Federal law

offices on a reimbursable basis. The system may include in its data

base such Federal regulations, case briefs, and legal opinions, as

the Attorney General deems appropriate.

1-602. The Federal Legal Council shall provide leadership for all

Federal legal offices in establishing appropriate word processing

and management information systems.

1-7. RESPONSIBILITIES OF THE AGENCIES

1-701. Each agency shall (a) review the management and operation

of its legal activities and report in one year to the Federal Legal

Council all steps being taken to improve those operations, and (b)

cooperate with the Federal Legal Council and the Attorney General

in the performance of the functions provided by this Order.

1-702. To the extent permitted by law, each agency shall furnish

the Federal Legal Council and the Attorney General with reports,

information and assistance as requested to carry out the provisions

of this Order.

-EXEC-

EX. ORD. 13271. ESTABLISHMENT OF THE CORPORATE FRAUD TASK FORCE

Ex. Ord. No. 13271, July 9, 2002, 67 F.R. 46091, as amended by

Ex. Ord. No. 13286, Sec. 3, Feb. 28, 2003, 68 F.R. 10619, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in order to

strengthen the efforts of the Department of Justice and Federal,

State, and local agencies to investigate and prosecute significant

financial crimes, recover the proceeds of such crimes, and ensure

just and effective punishment of those who perpetrate financial

crimes, it is hereby ordered as follows:

Section 1. Establishment. The Attorney General shall immediately

establish within the Department of Justice a Corporate Fraud Task

Force (Task Force). Without regard to any other provision of this

order, the Task Force shall be subject to the authority of the

Attorney General under applicable law.

Sec. 2. Membership and Operation. Subject to section 4 of this

order, the Task Force shall have the following members:

(a) the Deputy Attorney General, who shall serve as Chair;

(b) the Assistant Attorney General (Criminal Division);

(c) the Assistant Attorney General (Tax Division);

(d) the Director of the Federal Bureau of Investigation;

(e) the United States Attorney for the Southern District of New

York;

(f) the United States Attorney for the Eastern District of New

York;

(g) the United States Attorney for the Northern District of

Illinois;

(h) the United States Attorney for the Eastern District of

Pennsylvania;

(i) the United States Attorney for the Central District of

California;

(j) the United States Attorney for the Northern District of

California;

(k) the United States Attorney for the Southern District of

Texas; and

(l) such other officers or employees of the Department of Justice

as the Attorney General may from time to time designate.

The Deputy Attorney General shall convene and direct the work of

the Task Force in fulfilling all its functions under this order.

The Deputy Attorney General may permit, when he deems it

appropriate, the designee of a member of the Task Force, including

those designated under section 4 of this order, to participate in

lieu of the member. The Deputy Attorney General shall convene the

first meeting of the Task Force within 10 days of the date of this

order and shall thereafter convene the Task Force at such times as

he deems appropriate.

Sec. 3. Functions. Consistent with the constitutional authority

of the President, the authorities assigned to the Attorney General

by law, and other applicable law, the Task Force shall:

(a) provide direction for the investigation and prosecution of

cases of securities fraud, accounting fraud, mail and wire fraud,

money laundering, tax fraud based on such predicate offenses, and

other related financial crimes committed by commercial entities and

directors, officers, professional advisers, and employees thereof

(hereinafter "financial crimes"), when such cases are determined by

the Deputy Attorney General, for purposes of this order, to be

significant;

(b) provide recommendations to the Attorney General for

allocation and reallocation of resources of the Department of

Justice for investigation and prosecution of significant financial

crimes, recovery of proceeds from such crimes to the extent

permitted by law, and other matters determined by the Task Force

from time to time to be of the highest priority in the

investigation and prosecution of such crimes; and

(c) make recommendations to the President, through the Attorney

General, from time to time for:

(i) action to enhance cooperation among departments, agencies,

and entities of the Federal Government in the investigation and

prosecution of significant financial crimes;

(ii) action to enhance cooperation among Federal, State, and

local authorities responsible for the investigation and

prosecution of significant financial crimes;

(iii) changes in rules, regulations, or policy to improve the

effective investigation and prosecution of significant financial

crimes; and

(iv) recommendations to the Congress regarding such measures as

the President may judge necessary and expedient relating to

significant financial crimes, or the investigation or prosecution

thereof.

Sec. 4. Additional Participation for Specified Functions. In the

Task Force's performance of the functions set forth in subsection

3(c) of this order, and to the extent permitted by law, the

following officers of the executive branch shall be members of the

Task Force in addition to such other officers of the Federal

Government as the Deputy Attorney General deems appropriate:

(a) the Secretary of the Treasury;

(b) the Secretary of Homeland Security;

(c) the Chairman of the Securities and Exchange Commission;

(d) the Chairman of the Commodities Futures Trading Commission;

(e) the Chairman of the Federal Energy Regulatory Commission; and

(f) the Chairman of the Federal Communications Commission.

Sec. 5. Internal Management Purpose. This order is intended to

improve the internal management of the Federal Government. This

order is not intended to, and does not, create any right or

benefit, substantive or procedural, enforceable at law or equity or

otherwise against the United States, its departments, agencies,

entities, instrumentalities, officers, or employees, or any other

person.

Sec. 6. Termination. The Task Force shall terminate when directed

by the President or, with the approval of the President, by the

Attorney General.

George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 20 section 1082; title 42

section 12651d.

-End-

-CITE-

28 USC Sec. 510 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 510. Delegation of authority

-STATUTE-

The Attorney General may from time to time make such provisions

as he considers appropriate authorizing the performance by any

other officer, employee, or agency of the Department of Justice of

any function of the Attorney General.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

[Uncodified]. 1950 Reorg. Plan No. 2, Sec. 2,

eff. May 24, 1950, 64 Stat. 1261.

--------------------------------------------------------------------

The words "including any function transferred to the Attorney

General by the provisions of this reorganization plan" are omitted

as executed and unnecessary as the words "any function of the

Attorney General" include the functions transferred to the Attorney

General by 1950 Reorg. Plan. No. 2.

PRIOR PROVISIONS

A prior section 510, act June 25, 1948, ch. 646, 62 Stat. 910,

related to clerical assistants and messengers for United States

attorneys, prior to repeal by Pub. L. 89-554, Sec. 8(a), and

reenactment in section 550 of this title by section 4(c) of Pub. L.

89-554.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 6103; title 31

section 3733.

-End-

-CITE-

28 USC Sec. 511 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 511. Attorney General to advise the President

-STATUTE-

The Attorney General shall give his advice and opinion on

questions of law when required by the President.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 303. R.S. Sec. 354.

Feb. 27, 1877, ch. 69, Sec. 1

(8th full par. on p. 241), 19

Stat. 241.

--------------------------------------------------------------------

-End-

-CITE-

28 USC Sec. 512 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 512. Attorney General to advise heads of executive departments

-STATUTE-

The head of an executive department may require the opinion of

the Attorney General on questions of law arising in the

administration of his department.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 613.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 304. R.S. Sec. 356.

--------------------------------------------------------------------

-End-

-CITE-

28 USC Sec. 513 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 513. Attorney General to advise Secretaries of military

departments

-STATUTE-

When a question of law arises in the administration of the

Department of the Army, the Department of the Navy, or the

Department of the Air Force, the cognizance of which is not given

by statute to some other officer from whom the Secretary of the

military department concerned may require advice, the Secretary of

the military department shall send it to the Attorney General for

disposition.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 613.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 307. R.S. Sec. 357.

--------------------------------------------------------------------

The Department of War was designated the Department of the Army

by the Act of July 26, 1947, ch. 343, Sec. 205, 61 Stat. 501.

"Department of the Air Force" is added on authority of the Act of

July 26, 1947, ch. 343, Sec. 207(a), (f), 61 Stat. 502. The word

"Secretary" is substituted for "head." The words "military

department" are substituted for "department" to conform to section

102 of title 5, United States Code, and section 101 of title 10,

United States Code. The words "for disposition" are substituted for

"to be by him referred to the proper officer in his department, or

otherwise disposed of as he may deem proper."

-End-

-CITE-

28 USC Sec. 514 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 514. Legal services on pending claims in departments and

agencies

-STATUTE-

When the head of an executive department or agency is of the

opinion that the interests of the United States require the service

of counsel on the examination of any witness concerning any claim,

or on the legal investigation of any claim, pending in the

department or agency, he shall notify the Attorney General, giving

all facts necessary to enable him to furnish proper professional

service in attending the examination or making the investigation,

and the Attorney General shall provide for the service.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 613.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 48. R.S. Sec. 187.

5 U.S.C. 313. R.S. Sec. 364.

--------------------------------------------------------------------

Sections 187 and 364 of the Revised Statutes are combined into

one section since they both deal with the same subject matter and

are derived from the Act of Feb. 14, 1871, ch. 51, Sec. 3, 16 Stat.

412.

The words "executive department" are substituted for "Department"

because "Department", as used in R.S. Secs. 187 and 364, meant

"executive department". (See R.S. Sec. 159.) The word "agency" is

substituted for "bureau" as it has a more common current

acceptance. The word "concerning" is substituted for "touching".

Reference to application for a subpena is omitted as R.S. Sec. 364

gives the department head the same authority to request aid from

the Attorney General whether or not application has been made for a

subpena.

Section 187 of the Revised Statutes was part of title IV of the

Revised Statutes. The Act of July 26, 1947, ch. 343, Sec. 201(d),

as added Aug. 10, 1949, ch. 412, Sec. 4, 63 Stat. 579 (former 5

U.S.C. 171-1), which provides "Except to the extent inconsistent

with the provisions of this Act [National Security Act of 1947],

the provisions of title IV of the Revised Statutes as now or

hereafter amended shall be applicable to the Department of Defense"

is omitted from this title but is not repealed.

Minor changes are made in phraseology to allow for the combining

of the two sections.

-End-

-CITE-

28 USC Sec. 515 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 515. Authority for legal proceedings; commission, oath, and

salary for special attorneys

-STATUTE-

(a) The Attorney General or any other officer of the Department

of Justice, or any attorney specially appointed by the Attorney

General under law, may, when specifically directed by the Attorney

General, conduct any kind of legal proceeding, civil or criminal,

including grand jury proceedings and proceedings before committing

magistrate judges, which United States attorneys are authorized by

law to conduct, whether or not he is a resident of the district in

which the proceeding is brought.

(b) Each attorney specially retained under authority of the

Department of Justice shall be commissioned as special assistant to

the Attorney General or special attorney, and shall take the oath

required by law. Foreign counsel employed in special cases are not

required to take the oath. The Attorney General shall fix the

annual salary of a special assistant or special attorney.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 613;

amended Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104

Stat. 5117; Pub. L. 107-273, div. A, title II, Sec. 203(b), Nov. 2,

2002, 116 Stat. 1775.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

(a) 5 U.S.C. 310. June 30, 1906, ch. 3935, 34

Stat. 816.

(b) 5 U.S.C. 315. R.S. Sec. 366.

Apr. 17, 1930, ch. 174, 46 Stat.

170.

June 25, 1948, ch. 646, Sec. 3,

62 Stat. 985.

[Uncodified]. Aug. 5, 1953, ch. 328, Sec. 202

(1st and 2d provisos, as

applicable to special assistants

and special attorneys), 67 Stat.

375.

[Uncodified]. July 2, 1954, ch. 456, Sec. 202

(as applicable to special

assistants and special

attorneys), 68 Stat. 421.

--------------------------------------------------------------------

In subsection (a), the words "or counselor" are omitted as

redundant. The words "United States attorneys" are substituted for

"district attorneys" on authority of the Act of June 25, 1948, ch.

646, Sec. 1, 62 Stat. 909. The words "any provision of" are omitted

as unnecessary.

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-273 struck out "at not more than

$12,000" before period at end.

-CHANGE-

CHANGE OF NAME

Words "magistrate judges" substituted for "magistrates" in

subsec. (a) pursuant to section 321 of Pub. L. 101-650, set out as

a note under section 631 of this title.

-End-

-CITE-

28 USC Sec. 516 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 516. Conduct of litigation reserved to Department of Justice

-STATUTE-

Except as otherwise authorized by law, the conduct of litigation

in which the United States, an agency, or officer thereof is a

party, or is interested, and securing evidence therefor, is

reserved to officers of the Department of Justice, under the

direction of the Attorney General.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 613.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 306. R.S. Sec. 361.

Sept. 3, 1954, ch. 1263, Sec.

11, 68 Stat. 1229.

--------------------------------------------------------------------

The section is revised to express the effect of the law. As

agency heads have long employed, with the approval of Congress,

attorneys to advise them in the conduct of their official duties,

the first 56 words of R.S. Sec. 361 and of former section 306 of

title 5 are omitted as obsolete.

The section concentrates the authority for the conduct of

litigation in the Department of Justice. The words "Except as

otherwise authorized by law," are added to provide for existing and

future exceptions (e.g., section 1037 of title 10). The words "an

agency" are added for clarity and to align this section with

section 519 which is of similar import. The words "as such officer"

are omitted as unnecessary since it is implied that the officer is

a party in his official capacity as an officer.

So much as prohibits the employment of counsel, other than in the

Department of Justice, to conduct litigation is omitted as covered

by R.S. Sec. 365, which is codified in section 3106 of title 5,

United States Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 7516; title 12

section 4243; title 19 section 2350; title 31 section 3718; title

38 sections 3730, 5316; title 42 section 1785.

-End-

-CITE-

28 USC Sec. 517 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 517. Interests of United States in pending suits

-STATUTE-

The Solicitor General, or any officer of the Department of

Justice, may be sent by the Attorney General to any State or

district in the United States to attend to the interests of the

United States in a suit pending in a court of the United States, or

in a court of a State, or to attend to any other interest of the

United States.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 613.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 316. R.S. Sec. 367.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 943; title 19

section 1920; title 20 section 1082; title 42 sections 292j,

12651d.

-End-

-CITE-

28 USC Sec. 518 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 518. Conduct and argument of cases

-STATUTE-

(a) Except when the Attorney General in a particular case directs

otherwise, the Attorney General and the Solicitor General shall

conduct and argue suits and appeals in the Supreme Court and suits

in the United States Court of Federal Claims or in the United

States Court of Appeals for the Federal Circuit and in the Court of

International Trade in which the United States is interested.

(b) When the Attorney General considers it in the interests of

the United States, he may personally conduct and argue any case in

a court of the United States in which the United States is

interested, or he may direct the Solicitor General or any officer

of the Department of Justice to do so.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 613;

amended Pub. L. 96-417, title V, Sec. 503, Oct. 10, 1980, 94 Stat.

1743; Pub. L. 97-164, title I, Sec. 117, Apr. 2, 1982, 96 Stat. 32;

Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat.

4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 309. R.S. Sec. 359.

--------------------------------------------------------------------

The words "and writs of error" are omitted on authority of the

Act of Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54. The word

"considers" is substituted for "deems".

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-572 substituted "United States

Court of Federal Claims" for "United States Claims Court".

1982 - Subsec. (a). Pub. L. 97-164 substituted "United States

Claims Court or in the United States Court of Appeals for the

Federal Circuit" for "Court of Claims".

1980 - Subsec. (a). Pub. L. 96-417 required the Attorney General

and the Solicitor General to conduct and argue suits in the Court

of International Trade.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and

applicable with respect to civil actions pending on or commenced on

or after such date, see section 701(a) of Pub. L. 96-417, set out

as a note under section 251 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 sections 1204, 7105, 8477;

title 12 sections 2244, 4243; title 29 sections 663, 792, 1132,

1852; title 30 section 822; title 31 section 3718; title 42

sections 300aa-12, 7171.

-End-

-CITE-

28 USC Sec. 519 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 519. Supervision of litigation

-STATUTE-

Except as otherwise authorized by law, the Attorney General shall

supervise all litigation to which the United States, an agency, or

officer thereof is a party, and shall direct all United States

attorneys, assistant United States attorneys, and special attorneys

appointed under section 543 of this title in the discharge of their

respective duties.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 614.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

28 U.S.C. [None].

507(b).

--------------------------------------------------------------------

The words "Except as otherwise authorized by law," are added to

provide for existing and future exceptions (e.g., section 1037 of

title 10).

The words "or officer" are added for clarity and to align this

section with section 516 which is of similar import.

The words "special attorneys appointed under section 543" are

substituted for "attorneys appointed under section 543" to reflect

the revision of this title.

USE OF ANNUITY BROKERS IN STRUCTURED SETTLEMENTS

Pub. L. 107-273, div. C, title I, Sec. 11015, Nov. 2, 2002, 116

Stat. 1824, provided that:

"(a) Establishment and Transmission of List of Approved Annuity

Brokers. - Not later than 6 months after the date of enactment of

this Act [Nov. 2, 2002], the Attorney General shall establish a

list of annuity brokers who meet minimum qualifications for

providing annuity brokerage services in connection with structured

settlements entered by the United States. This list shall be

updated upon request by any annuity broker that meets the minimum

qualifications for inclusion on the list. The Attorney General

shall transmit such list, and any updates to such list, to all

United States Attorneys.

"(b) Authority To Select Annuity Broker for Structured

Settlements. - In any structured settlement that is not negotiated

exclusively through the Civil Division of the Department of

Justice, the United States Attorney (or his designee) involved in

any settlement negotiations shall have the exclusive authority to

select an annuity broker from the list of such brokers established

by the Attorney General, provided that all documents related to any

settlement comply with Department of Justice requirements."

CASE MANAGEMENT INFORMATION AND TRACKING SYSTEMS FOR FEDERAL

JUDICIAL DISTRICTS AND DIVISIONS OF DEPARTMENT; PREPARATION,

SUBMISSION, ETC., OF PLAN

Pub. L. 96-132, Sec. 11, Nov. 30, 1979, 93 Stat. 1047, required

the Attorney General, not later than Apr. 15, 1980, after

consultation with the Director of the Executive Office of United

States Attorneys and such Assistant Attorneys as appropriate, to

prepare and submit to the Committees on the Judiciary of the Senate

and the House of Representatives a plan for the activation and

coordination, within the Department of Justice, of compatible,

comprehensive case management information and tracking systems for

each of the judicial districts of the United States and for each of

the divisions of the Department.

REPORT TO CONGRESS REGARDING PROVISIONS OF LAW CONSIDERED

UNCONSTITUTIONAL BY THE DEPARTMENT OF JUSTICE; DECLARATION OF SUCH

POSITION

Pub. L. 96-132, Sec. 21, Nov. 30, 1979, 93 Stat. 1049, required

the Attorney General, during the fiscal year ending Sept. 30, 1980,

to transmit a report to each House of Congress in any case in which

the Attorney General considered the provisions of law enacted by

the Congress and at issue to be unconstitutional and in such cases

required a representative of the Department of Justice

participating in such case to make a declaration that such opinion

of the Attorney General regarding the constitutionality of those

provisions of law involved constitutes the opinion of the executive

branch of the government with respect to such matter.

Similar provisions were contained in Pub. L. 95-624, Sec. 13,

Nov. 9, 1978, 92 Stat. 3464.

STUDY AND REPORT TO CONGRESS ON EXTENT TO WHICH VIOLATIONS OF

FEDERAL CRIMINAL LAWS ARE NOT PROSECUTED

Pub. L. 95-624, Sec. 17, Nov. 9, 1978, 92 Stat. 3465, provided

that the Attorney General undertake a study and make

recommendations concerning violations of Federal criminal laws

which have not been prosecuted and present such study and

recommendations to the Committee on the Judiciary of the Senate and

the House of Representatives not later than Oct. 1, 1979.

-EXEC-

EXECUTIVE ORDER NO. 12778

Ex. Ord. No. 12778, Oct. 23, 1991, 56 F.R. 55195, which

prescribed guidelines for promotion of just and efficient

Government civil litigation and set forth principles for enactment

of legislation and promulgation of regulations which did not unduly

burden the Federal court system and for promotion of just and

efficient administrative adjudications, was revoked by Ex. Ord. No.

12988, Sec. 12, Feb. 5, 1996, 61 F.R. 4734, set out below.

EX. ORD. NO. 12988. CIVIL JUSTICE REFORM

Ex. Ord. No. 12988, Feb. 5, 1996, 61 F.R. 4729, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section 301

of title 3, United States Code, and in order to improve access to

justice for all persons who wish to avail themselves of court and

administrative adjudicatory tribunals to resolve disputes, to

facilitate the just and efficient resolution of civil claims

involving the United States Government, to encourage the filing of

only meritorious civil claims, to improve legislative and

regulatory drafting to reduce needless litigation, to promote fair

and prompt adjudication before administrative tribunals, and to

provide a model for similar reforms of litigation practices in the

private sector and in various states, it is hereby ordered as

follows:

Section 1. Guidelines to Promote Just and Efficient Government

Civil Litigation. To promote the just and efficient resolution of

civil claims, those Federal agencies and litigation counsel that

conduct or otherwise participate in civil litigation on behalf of

the United States Government in Federal court shall respect and

adhere to the following guidelines during the conduct of such

litigation:

(a) Pre-filing Notice of a Complaint. No litigation counsel shall

file a complaint initiating civil litigation without first making a

reasonable effort to notify all disputants about the nature of the

dispute and to attempt to achieve a settlement, or confirming that

the referring agency that previously handled the dispute has made a

reasonable effort to notify the disputants and to achieve a

settlement or has used its conciliation processes.

(b) Settlement Conferences. As soon as practicable after

ascertaining the nature of a dispute in litigation, and throughout

the litigation, litigation counsel shall evaluate settlement

possibilities and make reasonable efforts to settle the litigation.

Such efforts shall include offering to participate in a settlement

conference or moving the court for a conference pursuant to Rule 16

of the Federal Rules of Civil Procedure [28 App. U.S.C.] in an

attempt to resolve the dispute without additional civil litigation.

(c) Alternative Methods of Resolving the Dispute in Litigation.

Litigation counsel shall make reasonable attempts to resolve a

dispute expeditiously and properly before proceeding to trial.

(1) Whenever feasible, claims should be resolved through informal

discussions, negotiations, and settlements rather than through

utilization of any formal court proceeding. Where the benefits of

Alternative Dispute Resolution ("ADR") may be derived, and after

consultation with the agency referring the matter, litigation

counsel should suggest the use of an appropriate ADR technique to

the parties.

(2) It is appropriate to use ADR techniques or processes to

resolve claims of or against the United States or its agencies,

after litigation counsel determines that the use of a particular

technique is warranted in the context of a particular claim or

claims, and that such use will materially contribute to the prompt,

fair, and efficient resolution of the claims.

(3) To facilitate broader and effective use of informal and

formal ADR methods, litigation counsel should be trained in ADR

techniques.

(d) Discovery. To the extent practical, litigation counsel shall

make every reasonable effort to streamline and expedite discovery

in cases under counsel's supervision and control.

(1) Review of Proposed Document Requests. Each agency within the

executive branch shall establish a coordinated procedure for the

conduct and review of document discovery undertaken in litigation

directly by that agency when that agency is litigation counsel. The

procedure shall include, but is not necessarily limited to, review

by a senior lawyer prior to service or filing of the request in

litigation to determine that the request is not cumulative or

duplicative, unreasonable, oppressive, unduly burdensome or

expensive, taking into account the requirements of the litigation,

the amount in controversy, the importance of the issues at stake in

the litigation, and whether the documents can be obtained from some

other source that is more convenient, less burdensome, or less

expensive.

(2) Discovery Motions. Before petitioning a court to resolve a

discovery motion or petitioning a court to impose sanctions for

discovery abuses, litigation counsel shall attempt to resolve the

dispute with opposing counsel. If litigation counsel makes a

discovery motion concerning the dispute, he or she shall represent

in that motion that any attempt at resolution was unsuccessful or

impracticable under the circumstances.

(e) Sanctions. Litigation counsel shall take steps to seek

sanctions against opposing counsel and opposing parties where

appropriate.

(1) Litigation counsel shall evaluate filings made by opposing

parties and, where appropriate, shall petition the court to impose

sanctions against those responsible for abusive practices.

(2) Prior to filing a motion for sanctions, litigation counsel

shall submit the motion for review to the sanctions officer, or his

or her designee, within the litigation counsel's agency. Such

officer or designee shall be a senior supervising attorney within

the agency, and shall be licensed to practice law before a State

court, courts of the District of Columbia, or courts of any

territory or Commonwealth of the United States. The sanctions

officer or designee shall also review motions for sanctions that

are filed against litigation counsel, the United States, its

agencies, or its officers.

(f) Improved Use of Litigation Resources. Litigation counsel

shall employ efficient case management techniques and shall make

reasonable efforts to expedite civil litigation in cases under that

counsel's supervision and control. This includes but is not limited

to:

(1) making reasonable efforts to negotiate with other parties

about, and stipulate to, facts that are not in dispute;

(2) reviewing and revising pleadings and other filings to ensure

that they are accurate and that they reflect a narrowing of issues,

if any, that has resulted from discovery;

(3) requesting early trial dates where practicable;

(4) moving for summary judgment in every case where the movant

would be likely to prevail, or where the motion is likely to narrow

the issues to be tried; and

(5) reviewing and revising pleadings and other filings to ensure

that unmeritorious threshold defenses and jurisdictional arguments,

resulting in unnecessary delay, are not raised.

Sec. 2. Government Pro Bono and Volunteer Service. All Federal

agencies should develop appropriate programs to encourage and

facilitate pro bono legal and other volunteer service by government

employees to be performed on their own time, including attorneys,

as permitted by statute, regulation, or other rule or guideline.

Sec. 3. Principles to Enact Legislation and Promulgate

Regulations Which Do Not Unduly Burden the Federal Court System.

(a) General Duty to Review Legislation and Regulations. Within

current budgetary constraints and existing executive branch

coordination mechanisms and procedures established in OMB Circular

A-19 and Executive Order No. 12866 [5 U.S.C. 601 note], each agency

promulgating new regulations, reviewing existing regulations,

developing legislative proposals concerning regulations, and

developing new legislation shall adhere to the following

requirements:

(1) The agency's proposed legislation and regulations shall be

reviewed by the agency to eliminate drafting errors and ambiguity;

(2) The agency's proposed legislation and regulations shall be

written to minimize litigation; and

(3) The agency's proposed legislation and regulations shall

provide a clear legal standard for affected conduct rather than a

general standard, and shall promote simplification and burden

reduction.

(b) Specific Issues for Review. In conducting the reviews

required by subsection (a), each agency formulating proposed

legislation and regulations shall make every reasonable effort to

ensure:

(1) that the legislation, as appropriate -

(A) specifies whether all causes of action arising under the law

are subject to statutes of limitations;

(B) specifies in clear language the preemptive effect, if any, to

be given to the law;

(C) specifies in clear language the effect on existing Federal

law, if any, including all provisions repealed, circumscribed,

displaced, impaired, or modified;

(D) provides a clear legal standard for affected conduct;

(E) specifies whether private arbitration and other forms of

private dispute resolution are appropriate under enforcement and

relief provisions; subject to constitutional requirements;

(F) specifies whether the provisions of the law are severable if

one or more of them is found to be unconstitutional;

(G) specifies in clear language the retroactive effect, if any,

to be given to the law;

(H) specifies in clear language the applicable burdens of proof;

(I) specifies in clear language whether it grants private parties

a right to sue and, if so, the relief available and the conditions

and terms for authorized awards of attorney's fees, if any;

(J) specifies whether State courts have jurisdiction under the

law and, if so, whether and under what conditions an action would

be removable to Federal court;

(K) specifies whether administrative proceedings are to be

required before parties may file suit in court and, if so,

describes those proceedings and requires the exhaustion of

administrative remedies;

(L) sets forth the standards governing the assertion of personal

jurisdiction, if any;

(M) defines key statutory terms, either explicitly or by

reference to other statutes that explicitly define those terms;

(N) specifies whether the legislation applies to the Federal

Government or its agencies;

(O) specifies whether the legislation applies to States,

territories, the District of Columbia, and the Commonwealths of

Puerto Rico and of the Northern Mariana Islands;

(P) specifies what remedies are available such as money damages,

civil penalties, injunctive relief, and attorney's fees; and

(Q) addresses other important issues affecting clarity and

general draftsmanship of legislation set forth by the Attorney

General, with the concurrence of the Director of the Office of

Management and Budget ("OMB") and after consultation with affected

agencies, that are determined to be in accordance with the purposes

of this order.

(2) that the regulation, as appropriate -

(A) specifies in clear language the preemptive effect, if any, to

be given to the regulation;

(B) specifies in clear language the effect on existing Federal

law or regulation, if any, including all provisions repealed,

circumscribed, displaced, impaired, or modified;

(C) provides a clear legal standard for affected conduct rather

than a general standard, while promoting simplification and burden

reduction;

(D) specifies in clear language the retroactive effect, if any,

to be given to the regulation;

(E) specifies whether administrative proceedings are to be

required before parties may file suit in court and, if so,

describes those proceedings and requires the exhaustion of

administrative remedies;

(F) defines key terms, either explicitly or by reference to other

regulations or statutes that explicitly define those items; and

(G) addresses other important issues affecting clarity and

general draftsmanship of regulations set forth by the Attorney

General, with the concurrence of the Director of OMB and after

consultation with affected agencies, that are determined to be in

accordance with the purposes of this order.

(c) Agency Review. The agencies shall review such draft

legislation or regulation to determine that either the draft

legislation or regulation meets the applicable standards provided

in subsections (a) and (b) of this section, or it is unreasonable

to require the particular piece of draft legislation or regulation

to meet one or more of those standards.

Sec. 4. Principles to Promote Just and Efficient Administrative

Adjudications.

(a) Implementation of Administrative Conference Recommendations.

In order to promote just and efficient resolution of disputes, an

agency that adjudicates administrative claims shall, to the extent

reasonable and practicable, and when not in conflict with other

sections of this order, implement the recommendations of the

Administrative Conference of the United States, entitled "Case

Management as a Tool for Improving Agency Adjudication," as

contained in 1 C.F.R. 305.86-7 (1991).

(b) Improvements in Administrative Adjudication. All Federal

agencies should review their administrative adjudicatory processes

and develop specific procedures to reduce delay in decision-making,

to facilitate self-representation where appropriate, to expand

non-lawyer counseling and representation where appropriate, and to

invest maximum discretion in fact-finding officers to encourage

appropriate settlement of claims as early as possible.

(c) Bias. All Federal agencies should review their administrative

adjudicatory processes to identify any type of bias on the part of

the decision-makers that results in an injustice to persons who

appear before administrative adjudicatory tribunals; regularly

train all fact-finders, administrative law judges, and other

decision-makers to eliminate such bias; and establish appropriate

mechanisms to receive and resolve complaints of such bias from

persons who appear before administrative adjudicatory tribunals.

(d) Public Education. All Federal agencies should develop

effective and simple methods, including the use of electronic

technology, to educate the public about its claims/benefits

policies and procedures.

Sec. 5. Coordination by the Department of Justice.

(a) The Attorney General shall coordinate efforts by Federal

agencies to implement sections 1, 2 and 4 of this order.

(b) To implement the principles and purposes announced by this

order, the Attorney General is authorized to issue guidelines

implementing sections 1 and 4 of this order for the Department of

Justice. Such guidelines shall serve as models for internal

guidelines that may be issued by other agencies pursuant to this

order.

Sec. 6. Definitions. For purposes of this order:

(a) The term "agency" shall be defined as that term is defined in

section 105 of title 5, United States Code.

(b) The term "litigation counsel" shall be defined as the trial

counsel or the office in which such trial counsel is employed, such

as the United States Attorney's Office for the district in which

the litigation is pending or a litigating division of the

Department of Justice. Special Assistant United States Attorneys

are included within this definition. Those agencies authorized by

law to represent themselves in court without assistance from the

Department of Justice are also included in this definition, as are

private counsel hired by any Federal agency to conduct litigation

on behalf of the agency or the United States.

Sec. 7. No Private Rights Created. This order is intended only to

improve the internal management of the executive branch in

resolving disputes, conducting litigation in a reasonable and just

manner, and reviewing legislation and regulations. This order shall

not be construed as creating any right or benefit, substantive or

procedural, enforceable at law or in equity by a party against the

United States, its agencies, its officers, or any other person.

This order shall not be construed to create any right to judicial

review involving the compliance or noncompliance of the United

States, its agencies, its officers, or any other person with this

order. Nothing in this order shall be construed to obligate the

United States to accept a particular settlement or resolution of a

dispute, to alter its standards for accepting settlements, to

forego seeking a consent decree or other relief, or to alter any

existing delegation of settlement or litigating authority.

Sec. 8. Scope.

(a) No Applicability to Criminal Matters or Proceedings in

Foreign Courts. This order is applicable to civil matters only. It

is not intended to affect criminal matters, including enforcement

of criminal fines or judgments of criminal forfeiture. This order

does not apply to litigation brought by or against the United

States in foreign courts or tribunals.

(b) Application of Notice Provision. Notice pursuant to

subsection (a) of section 1 is not required (1) in any action to

seize or forfeit assets subject to forfeiture or in any action to

seize property; (2) in any bankruptcy, insolvency, conservatorship,

receivership, or liquidation proceeding; (3) when the assets that

are the subject of the action or that would satisfy the judgment

are subject to flight, dissipation, or destruction; (4) when the

defendant is subject to flight; (5) when, as determined by

litigation counsel, exigent circumstances make providing such

notice impracticable or such notice would otherwise defeat the

purpose of the litigation, such as in actions seeking temporary

restraining orders or preliminary injunctive relief; or (6) in

those limited classes of cases where the Attorney General

determines that providing such notice would defeat the purpose of

the litigation.

(c) Additional Guidance as to Scope. The Attorney General shall

have the authority to issue further guidance as to the scope of

this order, except section 3, consistent with the purposes of this

order.

Sec. 9. Conflicts with Other Rules. Nothing in this order shall

be construed to require litigation counsel or any agency to act in

a manner contrary to the Federal Rules of Civil Procedure [28 App.

U.S.C.], Tax Court Rules of Practice and Procedure [26 App.

U.S.C.], State or Federal law, other applicable rules of practice

or procedure, or court order.

Sec. 10. Privileged Information. Nothing in this order shall

compel or authorize the disclosure of privileged information,

sensitive law enforcement information, information affecting

national security, or information the disclosure of which is

prohibited by law.

Sec. 11. Effective Date. This order shall become effective 90

days after the date of signature. This order shall not apply to

litigation commenced prior to the effective date.

Sec. 12. Revocation. Executive Order No. 12778 is hereby revoked.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 943; title 12

section 4243; title 19 section 1920; title 31 section 3718; title

38 sections 3730, 5316; title 42 section 8412.

-End-

-CITE-

28 USC Sec. 520 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 520. Transmission of petitions in United States Court of

Federal Claims or in United States Court of Appeals for the

Federal Circuit; statement furnished by departments

-STATUTE-

(a) In suits against the United States in the United States Court

of Federal Claims or in the United States Court of Appeals for the

Federal Circuit founded on a contract, agreement, or transaction

with an executive department or military department, or a bureau,

officer, or agent thereof, or when the matter or thing on which the

claim is based has been passed on and decided by an executive

department, military department, bureau, or officer authorized to

adjust it, the Attorney General shall send to the department,

bureau, or officer a printed copy of the petition filed by the

claimant, with a request that the department, bureau, or officer

furnish to the Attorney General all facts, circumstances, and

evidence concerning the claim in the possession or knowledge of the

department, bureau, or officer.

(b) Within a reasonable time after receipt of the request from

the Attorney General, the executive department, military

department, bureau, or officer shall furnish the Attorney General

with a written statement of all facts, information, and proofs. The

statement shall contain a reference to or description of all

official documents and papers, if any, as may furnish proof of

facts referred to in it, or may be necessary and proper for the

defense of the United States against the claim, mentioning the

department, office, or place where the same is kept or may be

secured. If the claim has been passed on and decided by the

department, bureau, or officer, the statement shall briefly state

the reasons and principles on which the decision was based. When

the decision was founded on an Act of Congress it shall be cited

specifically, and if any previous interpretation or construction

has been given to the Act, section, or clause by the department,

bureau, or officer, it shall be set forth briefly in the statement

and a copy of the opinion filed, if any, attached to it. When a

decision in the case has been based on a regulation of a department

or when a regulation has, in the opinion of the department, bureau,

or officer sending the statement, any bearing on the claim, it

shall be distinctly quoted at length in the statement. When more

than one case or class of cases is pending, the defense of which

rests on the same facts, circumstances, and proofs, the department,

bureau, or officer may certify and send one statement and it shall

be held to apply to all cases as if made out, certified, and sent

in each case respectively.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 614;

amended Pub. L. 97-164, title I, Sec. 118(a), Apr. 2, 1982, 96

Stat. 32; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992,

106 Stat. 4516.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 91. R.S. Sec. 188.

--------------------------------------------------------------------

The section is reorganized and restated for clarity.

In subsection (a), the word "concerning" is substituted for

"touching".

In subsection (b), the words "without delay" are omitted as

unnecessary in view of the requirement that the statement be

furnished "Within a reasonable time". The word "briefly" is

substituted for "succinctly". The words "in suit" are omitted as

unnecessary.

The words "executive department" are substituted for "department"

because "department" as used in R.S. Sec. 188 meant "executive

department". (See R.S. Sec. 159.) The words "military department"

are inserted to preserve the application of the source law. Before

enactment of the National Security Act Amendments of 1949 (63 Stat.

578), the Department of the Army, the Department of the Navy, and

the Department of the Air Force were Executive departments. The

National Security Act Amendments of 1949 established the Department

of Defense as an Executive Department including the Department of

the Army, the Department of the Navy, and the Department of the Air

Force as military departments, not as Executive departments.

However, the source law for this section, which was in effect in

1949, remained applicable to the Secretaries of the military

departments by virtue of section 12(g) of the National Security Act

Amendments of 1949 (63 Stat. 591), which is set out in the

reviser's note for section 301 of title 5, United States Code.

AMENDMENTS

1992 - Pub. L. 102-572 substituted "United States Court of

Federal Claims" for "United States Claims Court" in section

catchline and subsec. (a).

1982 - Pub. L. 97-164, Sec. 118(a)(2), substituted "United States

Claims Court or in United States Court of Appeals for the Federal

Circuit" for "Court of Claims" in section catchline.

Subsec. (a). Pub. L. 97-164, Sec. 118(a)(1), substituted "United

States Claims Court or in the United States Court of Appeals for

the Federal Circuit" for "Court of Claims".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section

911 of Pub. L. 102-572, set out as a note under section 171 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of this

title.

-End-

-CITE-

28 USC Sec. 521 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 521. Publication and distribution of opinions

-STATUTE-

The Attorney General, from time to time -

(1) shall cause to be edited, and printed in the Government

Printing Office, such of his opinions as he considers valuable

for preservation in volumes; and

(2) may prescribe the manner for the distribution of the

volumes.

Each volume shall contain headnotes, an index, and such footnotes

as the Attorney General may approve.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 614.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 305 R.S. Sec. 383 (1st sentence, as

(1st sentence, applicable to the Attorney

as applicable General; 2d and 3d sentences).

to the Attorney

General; 2d and

3d sentences).

--------------------------------------------------------------------

Section 188 of the Revised Statutes was part of title IV of the

Revised Statutes. The Act of July 26, 1947, ch. 343, Sec. 201(d),

as added Aug. 10, 1949, ch. 412, Sec. 4, 63 Stat. 579 (former 5

U.S.C. 171-1), which provides "Except to the extent inconsistent

with the provisions of this Act [National Security Act of 1947],

the provisions of title IV of the Revised Statutes as now or

hereafter amended shall be applicable to the Department of Defense"

is omitted from this title but is not repealed.

The words "his opinions" are substituted for "the opinions of the

law officers herein authorized to be given" as the opinions of the

Attorney General are his and only his and the reference to other

"law officers" is misleading. All functions of all other officers

of the Department of Justice were transferred to the Attorney

General by 1950 Reorg. Plan No. 2, Sec. 1, eff. May 14, 1950, 64

Stat. 1261. The word "considers" is substituted for "may deem".

In the last sentence, the words "proper" and "complete and full"

are omitted as unnecessary.

-End-

-CITE-

28 USC Sec. 522 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 522. Report of business and statistics

-STATUTE-

(a) The Attorney General, by April 1 of each year, shall report

to Congress on the business of the Department of Justice for the

last preceding fiscal year, and on any other matters pertaining to

the Department that he considers proper, including -

(1) a statement of the several appropriations which are placed

under the control of the Department and the amount appropriated;

(2) the statistics of crime under the laws of the United

States; and

(3) a statement of the number of causes involving the United

States, civil and criminal, pending during the preceding year in

each of the several courts of the United States.

(b) With respect to any data, records, or other information

acquired, collected, classified, preserved, or published by the

Attorney General for any statistical, research, or other aggregate

reporting purpose beginning not later than 1 year after the date of

enactment of (!1) 21st Century Department of Justice Appropriations

Authorization Act and continuing thereafter, and notwithstanding

any other provision of law, the same criteria shall be used (and

shall be required to be used, as applicable) to classify or

categorize offenders and victims (in the criminal context), and to

classify or categorize actors and acted upon (in the noncriminal

context).

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 615;

amended Pub. L. 94-273, Sec. 19, Apr. 21, 1976, 90 Stat. 379; Pub.

L. 107-273, div. A, title II, Sec. 204(b), Nov. 2, 2002, 116 Stat.

1776.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 333. R.S. Sec. 384.

--------------------------------------------------------------------

The words "The Attorney General . . . shall report" are

substituted for "It shall be the duty of the Attorney General to

make . . . a report". The word "beginning" is substituted for

"commencement". The words "pertaining to the Department that he

considers proper" are substituted for "appertaining thereto that he

may deem proper".

The words "and a detailed statement of the amounts used for

defraying the expenses of the United States courts in each judicial

district" are omitted as obsolete in view of the creation of the

Administrative Office of the United States Courts by the Act of

Aug. 7, 1939, ch. 501, Sec. 1, 53 Stat. 1223 (Chapter 41 of this

title).

In paragraph (3), the words "involving the United States" are

inserted for clarity. The function of reporting on all cases

pending in the United States courts is now vested in the

Administrative Office of the United States Courts, see 28 U.S.C.

604.

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of 21st Century Department of Justice

Appropriations Authorization Act, referred to in subsec. (b), is

the date of enactment of Pub. L. 107-273, which was approved Nov.

2, 2002.

-MISC2-

AMENDMENTS

2002 - Pub. L. 107-273 designated existing provisions as subsec.

(a) and added subsec. (b).

1976 - Pub. L. 94-273 substituted "by April 1 of each year" for

"at the beginning of each regular session of Congress".

REPORT TO CONGRESS ON BANKING LAW OFFENSES

Pub. L. 101-647, title XXV, Sec. 2546, Nov. 29, 1990, 104 Stat.

4885, provided that:

"(a) In General. -

"(1) Data collection. - The Attorney General shall compile and

collect data concerning -

"(A) the nature and number of civil and criminal

investigations, prosecutions, and related proceedings, and

civil enforcement and recovery proceedings, in progress with

respect to banking law offenses under sections 981, 1008, 1032,

and 3322(d) of title 18, United States Code, and section 951 of

the Financial Institutions Reform, Recovery, and Enforcement

Act of 1989 [12 U.S.C. 1833a] and conspiracies to commit any

such offense, including inactive investigations of such

offenses;

"(B) the number of -

"(i) investigations, prosecutions, and related proceedings

described in subparagraph (A) which are inactive as of the

close of the reporting period but have not been closed or

declined; and

"(ii) unaddressed referrals which allege criminal

misconduct involving offenses described in subparagraph (A),

and the reasons such matters are inactive and the referrals

unaddressed;

"(C) the nature and number of such matters closed, settled,

or litigated to conclusion; and

"(D) the results achieved, including convictions and pretrial

diversions, fines and penalties levied, restitution assessed

and collected, and damages recovered, in such matters.

"(2) Analysis and report. - The Attorney General shall analyze

and report to the Congress on the data described in paragraph (1)

and its coordination and other related activities named in

section 2539(c)(2) [probably means section 2539(c)(3) of Pub. L.

101-647, set out as a note under section 509 of this title] and

shall provide such report on the data monthly through December

31, 1991, and quarterly after such date.

"(b) Specifics of Report. - The report required by subsection (a)

shall -

"(1) categorize data as to various types of financial

institutions and appropriate dollar loss categories;

"(2) disclose data for each Federal judicial district;

"(3) describe the activities of the Financial Institution Fraud

Unit; and

"(4) list -

"(A) the number of institutions, categorized by failed and

open institutions, in which evidence of significant fraud,

unlawful activity, insider abuse or serious misconduct has been

alleged or detected;

"(B) civil, criminal, and administrative enforcement actions,

including those of the Federal financial institutions

regulatory agencies, brought against offenders;

"(C) any settlements or judgments obtained against offenders;

"(D) indictments, guilty pleas, or verdicts obtained against

offenders; and

"(E) the resources allocated in pursuit of investigations,

prosecutions, and sentencings (including indictments, guilty

pleas, or verdicts obtained against offenders) and related

proceedings."

CONGRESSIONAL OVERSIGHT

Pub. L. 100-700, Sec. 6, Nov. 19, 1988, 102 Stat. 4634, which

required the Attorney General to report annually to Congress on

referrals of fraud cases and related matters, terminated, effective

May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance. See, also, page 120 of House Document No. 103-7.

REPORT TO CONGRESS ON ROBBERIES AND BURGLARIES INVOLVING CONTROLLED

SUBSTANCES

Pub. L. 98-305, Sec. 4, May 31, 1984, 98 Stat. 222, provided

that: "For each of the first three years after the date of

enactment of this Act [May 31, 1984], the Attorney General of the

United States shall submit an annual report to the Congress with

respect to the enforcement activities of the Attorney General

relating to the offenses created by the amendment made by section 2

of this Act [enacting section 2118 of Title 18, Crimes and Criminal

Procedure]."

REPORT TO CONGRESS ON SEXUAL EXPLOITATION OF CHILDREN

Pub. L. 98-292, Sec. 9, May 21, 1984, 98 Stat. 206, provided

that: "Beginning one hundred and twenty days after the date of

enactment of this Act [May 21, 1984], and every year thereafter,

the Attorney General shall report to the Congress on prosecutions,

convictions, and forfeitures under chapter 110 of title 18 of the

United States Code."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 2320; title 31

section 3516; title 42 section 1997f.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "the".

-End-

-CITE-

28 USC Sec. 523 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 523. Requisitions

-STATUTE-

The Attorney General shall sign all requisitions for the advance

or payment of moneys appropriated for the Department of Justice,

out of the Treasury, subject to the same control as is exercised on

like estimates or accounts by the General Accounting Office.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 615.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 319. R.S. Sec. 369.

--------------------------------------------------------------------

The words "General Accounting Office" are substituted for "First

Auditor or First Comptroller of the Treasury" on authority of the

Act of June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24.

-End-

-CITE-

28 USC Sec. 524 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 524. Availability of appropriations

-STATUTE-

(a) Appropriations for the Department of Justice are available to

the Attorney General for payment of -

(1) notarial fees, including such additional stenographic

services as are required in connection therewith in the taking of

depositions, and compensation and expenses of witnesses and

informants, all at the rates authorized or approved by the

Attorney General or the Assistant Attorney General for

Administration; and

(2) when ordered by the court, actual expenses of meals and

lodging for marshals, deputy marshals, or criers when acting as

bailiffs in attendance on juries.

(b) Except as provided in subsection (a) of this section, a claim

of not more than $500 for expenses related to litigation that is

beyond the control of the Department may be paid out of

appropriations currently available to the Department for expenses

related to litigation when the Comptroller General settles the

payment.

(c)(1) There is established in the United States Treasury a

special fund to be known as the Department of Justice Assets

Forfeiture Fund (hereafter in this subsection referred to as the

"Fund") which shall be available to the Attorney General without

fiscal year limitation for the following law enforcement purposes -

(A) the payment, at the discretion of the Attorney General, of

any expenses necessary to seize, detain, inventory, safeguard,

maintain, advertise, sell, or dispose of property under seizure,

detention, or forfeited pursuant to any law enforced or

administered by the Department of Justice, or of any other

necessary expense incident to the seizure, detention, forfeiture,

or disposal of such property including -

(i) payments for -

(I) contract services;

(II) the employment of outside contractors to operate and

manage properties or provide other specialized services

necessary to dispose of such properties in an effort to

maximize the return from such properties; and

(III) reimbursement of any Federal, State, or local agency

for any expenditures made to perform the functions described

in this clause;

(ii) payments to reimburse any Federal agency participating

in the Fund for investigative costs leading to seizures;

(iii) payments for contracting for the services of experts

and consultants needed by the Department of Justice to assist

in carrying out duties related to asset seizure and forfeiture;

and

(iv) payments made pursuant to guidelines promulgated by the

Attorney General if such payments are necessary and directly

related to seizure and forfeiture program expenses for -

(I) the purchase or lease of automatic data processing

systems (not less than a majority of which use will be

related to such program);

(II) training;

(III) printing;

(IV) the storage, protection, and destruction of controlled

substances; and

(V) contracting for services directly related to the

identification of forfeitable assets, and the processing of

and accounting for forfeitures;

(B) the payment of awards for information or assistance

directly relating to violations of the criminal drug laws of the

United States or of sections 1956 and 1957 of title 18, sections

5313 and 5324 of title 31, and section 6050I of the Internal

Revenue Code of 1986;

(C) at the discretion of the Attorney General, the payment of

awards for information or assistance leading to a civil or

criminal forfeiture involving any Federal agency participating in

the Fund;

(D) the compromise and payment of valid liens and mortgages

against property that has been forfeited pursuant to any law

enforced or administered by the Department of Justice, subject to

the discretion of the Attorney General to determine the validity

of any such lien or mortgage and the amount of payment to be

made, and the employment of attorneys and other personnel skilled

in State real estate law as necessary;

(E)(i) for disbursements authorized in connection with

remission or mitigation procedures relating to property forfeited

under any law enforced or administered by the Department of

Justice; and

(ii) for payment for -

(I) costs incurred by or on behalf of the Department of

Justice in connection with the removal, for purposes of Federal

forfeiture and disposition, of any hazardous substance or

pollutant or contaminant associated with the illegal

manufacture of amphetamine or methamphetamine; and

(II) costs incurred by or on behalf of a State or local

government in connection with such removal in any case in which

such State or local government has assisted in a Federal

prosecution relating to amphetamine or methamphetamine, to the

extent such costs exceed equitable sharing payments made to

such State or local government in such case;

(F)(i) for equipping for law enforcement functions of any

Government-owned or leased vessel, vehicle, or aircraft available

for official use by any Federal agency participating in the Fund;

(ii) for equipping any vessel, vehicle, or aircraft available

for official use by a State or local law enforcement agency to

enable the vessel, vehicle, or aircraft to assist law enforcement

functions if the vessel, vehicle, or aircraft will be used in a

joint law enforcement operation with a Federal agency

participating in the Fund; and

(iii) payments for other equipment directly related to seizure

or forfeiture, including laboratory equipment, protective

equipment, communications equipment, and the operation and

maintenance costs of such equipment;

(G) for purchase of evidence of any violation of the Controlled

Substances Act, the Controlled Substances Import and Export Act,

chapter 96 of title 18, or sections 1956 and 1957 of title 18;

(H) the payment of State and local property taxes on forfeited

real property that accrued between the date of the violation

giving rise to the forfeiture and the date of the forfeiture

order; and

(I) payment of overtime salaries, travel, fuel, training,

equipment, and other similar costs of State or local law

enforcement officers that are incurred in a joint law enforcement

operation with a Federal law enforcement agency participating in

the Fund.

Amounts for paying the expenses authorized by subparagraphs (B),

(F), and (G) shall be specified in appropriations Acts and may be

used under authorities available to the organization receiving the

funds. Amounts for other authorized expenditures and payments from

the Fund, including equitable sharing payments, are not required to

be specified in appropriations acts. The Attorney General may

exempt the procurement of contract services under subparagraph (A)

under the Fund from section 3709 of the Revised Statutes of the

United States (41 U.S.C. 5), title III of the Federal Property and

Administrative Services Act of 1949 (!1) (41 U.S.C. 251 and

following), and other provisions of law as may be necessary to

maintain the security and confidentiality of related criminal

investigations.

(2) Any award paid from the Fund, as provided in paragraph (1)(B)

or (C), shall be paid at the discretion of the Attorney General or

his delegate, under existing departmental delegation policies for

the payment of awards, except that the authority to pay an award of

$250,000 or more shall not be delegated to any person other than

the Deputy Attorney General, the Associate Attorney General, the

Director of the Federal Bureau of Investigation, or the

Administrator of the Drug Enforcement Administration. Any award

pursuant to paragraph (1)(B) shall not exceed $500,000. Any award

pursuant to paragraph (1)(C) shall not exceed the lesser of

$500,000 or one-fourth of the amount realized by the United States

from the property forfeited, without both the personal approval of

the Attorney General and written notice within 30 days thereof to

the Chairmen and ranking minority members of the Committees on

Appropriations and the Judiciary of the Senate and of the House of

Representatives.

(3) Any amount under subparagraph (G) of paragraph (1) shall be

paid at the discretion of the Attorney General or his delegate,

except that the authority to pay $100,000 or more may be delegated

only to the respective head of the agency involved.

(4) There shall be deposited in the Fund -

(A) all amounts from the forfeiture of property under any law

enforced or administered by the Department of Justice, except all

proceeds of forfeitures available for use by the Secretary of the

Treasury or the Secretary of the Interior pursuant to section

11(d) of the Endangered Species Act (16 U.S.C. 1540(d)) or

section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C.

3375(d)), or the Postmaster General of the United States pursuant

to 39 U.S.C. 2003(b)(7);

(B) all amounts representing the Federal equitable share from

the forfeiture of property under any Federal, State, local or

foreign law, for any Federal agency participating in the Fund;

(C) all amounts transferred by the Secretary of the Treasury

pursuant to section 9703(g)(4)(A)(ii) (!1) of title 31; and

(D) all amounts collected -

(i) by the United States pursuant to a reimbursement order

under paragraph (2) of section 413(q) of the Controlled

Substances Act (21 U.S.C. 853(q)); and

(ii) pursuant to a restitution order under paragraph (1) or

(3) of section 413(q) of the Controlled Substances Act for

injuries to the United States.

(5) Amounts in the Fund, and in any holding accounts associated

with the Fund, that are not currently needed for the purpose of

this section shall be kept on deposit or invested in obligations

of, or guaranteed by, the United States and all earnings on such

investments shall be deposited in the Fund.

(6)(A) The Attorney General shall transmit to Congress and make

available to the public, not later than 4 months after the end of

each fiscal year, detailed reports for the prior fiscal year as

follows:

(i) A report on total deposits to the Fund by State of deposit.

(ii) A report on total expenses paid from the Fund, by category

of expense and recipient agency, including equitable sharing

payments.

(iii) A report describing the number, value, and types of

properties placed into official use by Federal agencies, by

recipient agency.

(iv) A report describing the number, value, and types of

properties transferred to State and local law enforcement

agencies, by recipient agency.

(v) A report, by type of disposition, describing the number,

value, and types of forfeited property disposed of during the

year.

(vi) A report on the year-end inventory of property under

seizure, but not yet forfeited, that reflects the type of

property, its estimated value, and the estimated value of liens

and mortgages outstanding on the property.

(vii) A report listing each property in the year-end inventory,

not yet forfeited, with an outstanding equity of not less than

$1,000,000.

(B) The Attorney General shall transmit to Congress and make

available to the public, not later than 2 months after final

issuance, the audited financial statements for each fiscal year for

the Fund.

(C) Reports under subparagraph (A) shall include information with

respect to all forfeitures under any law enforced or administered

by the Department of Justice.

(D) The transmittal and publication requirements in subparagraphs

(A) and (B) may be satisfied by -

(i) posting the reports on an Internet website maintained by

the Department of Justice for a period of not less than 2 years;

and

(ii) notifying the Committees on the Judiciary of the House of

Representatives and the Senate when the reports are available

electronically.

(7) The provisions of this subsection relating to deposits in the

Fund shall apply to all property in the custody of the Department

of Justice on or after the effective date of the Comprehensive

Forfeiture Act of 1983.

(8)(A) There are authorized to be appropriated such sums as

necessary for the purposes described in subparagraphs (B), (F), and

(G) of paragraph (1).

(B) Subject to subparagraphs (C) and (D), at the end of each of

fiscal years 1994, 1995, and 1996, the Attorney General shall

transfer from the Fund not more than $100,000,000 to the Special

Forfeiture Fund established by section 6073 of the Anti-Drug Abuse

Act of 1988.

(C) Transfers under subparagraph (B) may be made only from the

excess unobligated balance and may not exceed one-half of the

excess unobligated balance for any year. In addition, transfers

under subparagraph (B) may be made only to the extent that the sum

of the transfers in a fiscal year and one-half of the unobligated

balance at the beginning of that fiscal year for the Special

Forfeiture Fund does not exceed $100,000,000.

(D) For the purpose of determining amounts available for

distribution at year end for any fiscal year, "excess unobligated

balance" means the unobligated balance of the Fund generated by

that fiscal year's operations, less any amounts that are required

to be retained in the Fund to ensure the availability of amounts in

the subsequent fiscal year for purposes authorized under paragraph

(1).

(E) Subject to the notification procedures contained in section

605 of Public Law 103-121, and after satisfying the transfer

requirement in subparagraph (B) of this paragraph, any excess

unobligated balance remaining in the Fund on September 30, 1997 and

thereafter shall be available to the Attorney General, without

fiscal year limitation, for any Federal law enforcement,

litigative/prosecutive, and correctional activities, or any other

authorized purpose of the Department of Justice. Any amounts

provided pursuant to this subparagraph may be used under

authorities available to the organization receiving the funds.

(9)(A) Following the completion of procedures for the forfeiture

of property pursuant to any law enforced or administered by the

Department, the Attorney General is authorized, in her discretion,

to warrant clear title to any subsequent purchaser or transferee of

such property.

(B) For fiscal years 2002 and 2003, the Attorney General is

authorized to transfer, under such terms and conditions as the

Attorney General shall specify, real or personal property of

limited or marginal value, to a State or local government agency,

or its designated contractor or transferee, for use to support drug

abuse treatment, drug and crime prevention and education, housing,

job skills, and other community-based public health and safety

programs. Each such transfer shall be subject to satisfaction by

the recipient involved of any outstanding lien against the property

transferred, but no such transfer shall create or confer any

private right of action in any person against the United States.

(10) The Attorney General shall transfer from the Fund to the

Secretary of the Treasury for deposit in the Department of the

Treasury Forfeiture Fund amounts appropriate to reflect the degree

of participation of the Department of the Treasury law enforcement

organizations (described in section 9703(p) (!1) of title 31) in

the law enforcement effort resulting in the forfeiture pursuant to

laws enforced or administered by the Department of Justice.

(11) For purposes of this subsection and notwithstanding section

9703 (!1) of title 31 or any other law, property is forfeited

pursuant to a law enforced or administered by the Department of

Justice if it is forfeited pursuant to -

(A) a judicial forfeiture proceeding when the underlying

seizure was made by an officer of a Federal law enforcement

agency participating in the Department of Justice Assets

Forfeiture Fund or the property was maintained by the United

States Marshals Service; or

(B) a civil administrative forfeiture proceeding conducted by a

Department of Justice law enforcement component or pursuant to

the authority of the Secretary of Commerce.

(d)(1) The Attorney General may accept, hold, administer, and use

gifts, devises, and bequests of any property or services for the

purpose of aiding or facilitating the work of the Department of

Justice.

(2) Gifts, devises, and bequests of money, the proceeds of sale

or liquidation of any other property accepted hereunder, and any

income accruing from any property accepted hereunder -

(A) shall be deposited in the Treasury in a separate fund and

held in trust by the Secretary of the Treasury for the benefit of

the Department of Justice; and

(B) are hereby appropriated, without fiscal year limitation,

and shall be disbursed on order of the Attorney General.

(3) Upon request of the Attorney General, the Secretary of the

Treasury may invest and reinvest the fund described herein in

public debt securities with maturities suitable for the needs of

the fund and bearing interest at rates determined by the Secretary

of the Treasury, taking into consideration the current average

market yield on outstanding marketable obligations of the United

States or comparable maturities.

(4) Evidences of any intangible personal property (other than

money) accepted hereunder shall be deposited with the Secretary of

the Treasury, who may hold or liquidate them, except that they

shall be liquidated upon the request of the Attorney General.

(5) For purposes of federal (!2) income, estate, and gift taxes,

property accepted hereunder shall be considered a gift, devise, or

bequest to, or for the use of, the United States.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 615;

amended Pub. L. 97-258, Sec. 2(g)(1)(B)-(D), Sept. 13, 1982, 96

Stat. 1060; Pub. L. 98-473, title II, Secs. 310, 2303, Oct. 12,

1984, 98 Stat. 2052, 2193; Pub. L. 99-570, title I, Sec. 1152(a),

Oct. 27, 1986, 100 Stat. 3207-12; Pub. L. 99-646, Sec. 27, Nov. 10,

1986, 100 Stat. 3597; Pub. L. 100-202, Sec. 101(a) [title II, Sec.

210(a)], Dec. 22, 1987, 101 Stat. 1329, 1329-18; Pub. L. 100-690,

title VI, Sec. 6072, Nov. 18, 1988, 102 Stat. 4320; Pub. L.

101-509, title III, Sec. 1, Nov. 5, 1990, 104 Stat. 1403; Pub. L.

101-647, title XVI, Sec. 1601, title XX, Secs. 2001(a), 2002, 2005,

2006, Nov. 29, 1990, 104 Stat. 4842, 4854, 4855; Pub. L. 102-27,

title II, Sec. 101, Apr. 10, 1991, 105 Stat. 135; Pub. L. 102-140,

title I, Sec. 112, Oct. 28, 1991, 105 Stat. 795; Pub. L. 102-393,

title VI, Sec. 638(f), Oct. 6, 1992, 106 Stat. 1788; Pub. L.

102-395, title I, Sec. 114(b), (c), Oct. 6, 1992, 106 Stat. 1845;

Pub. L. 102-550, title XV, Sec. 1529, Oct. 28, 1992, 106 Stat.

4065; Pub. L. 103-121, title I, Sec. 109, Oct. 27, 1993, 107 Stat.

1164; Pub. L. 103-317, title I, Sec. 110, Aug. 26, 1994, 108 Stat.

1735; Pub. L. 103-322, title IX, Sec. 90205(b), title XXXII, Secs.

320301, 320302, 320913(a), Sept. 13, 1994, 108 Stat. 1994, 2114,

2128; Pub. L. 104-66, title I, Sec. 1091(h), Dec. 21, 1995, 109

Stat. 722; Pub. L. 104-91, title I, Sec. 101(a), Jan. 6, 1996, 110

Stat. 11, amended Pub. L. 104-99, title II, Sec. 211, Jan. 26,

1996, 110 Stat. 37; Pub. L. 104-134, title I, Sec. 101[(a)] [title

I, Sec. 122], Apr. 26, 1996, 110 Stat. 1321, 1321-22; renumbered

title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327;

Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Secs. 108,

114, 116, 117], Sept. 30, 1996, 110 Stat. 3009, 3009-18, 3009-22,

3009-23; Pub. L. 105-119, title I, Secs. 108, 124, title II, Sec.

211(b), Nov. 26, 1997, 111 Stat. 2457, 2471, 2487; Pub. L. 105-272,

title VI, Sec. 605, Oct. 20, 1998, 112 Stat. 2413; Pub. L. 106-185,

Sec. 19, Apr. 25, 2000, 114 Stat. 223; Pub. L. 106-310, div. B,

title XXXVI, Secs. 3613(b), 3621(a), Oct. 17, 2000, 114 Stat. 1230;

Pub. L. 107-273, div. A, title II, Sec. 204(a), Nov. 2, 2002, 116

Stat. 1775.)

-MISC1-

HISTORICAL AND REVISION NOTES

1966 ACT

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 341. July 28, 1950, ch. 503, Sec. 1,

64 Stat. 380.

--------------------------------------------------------------------

The words "now or hereafter" are omitted as unnecessary. The

words "Assistant Attorney General for Administration" are

substituted for "his administrative assistant" to make the statute

more specific and to reflect the current title of the position, see

Sec. 307 of the Act of Aug. 14, 1964, Pub. L. 88-426, 78 Stat. 432.

1982 ACT

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

28:524(b) 31:693a. Oct. 10, 1949, ch. 662, Sec.

101 (par. under heading

"General Provision -

Department of Justice"), 63

Stat. 746.

--------------------------------------------------------------------

The words "After October 10, 1949" are omitted as executed. The

words "Except as provided in subsection (a) of this section" are

added for clarity. The words "fees, storage, or other items of" are

omitted as surplus. The words "to the Department" are added for

clarity.

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (c)(1), is act June 30, 1949, ch. 288, 63

Stat. 393, as amended. Title III of the Act is classified generally

to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41,

Public Contracts. For complete classification of this Act to the

Code, see Tables.

Section 6050I of the Internal Revenue Code of 1986, referred to

in subsec. (c)(1)(B), is classified to section 6050I of Title 26,

Internal Revenue Code.

The Controlled Substances Act, referred to in subsec. (c)(1)(G),

is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as

amended, which is classified principally to subchapter I (Sec. 801

et seq.) of chapter 13 of Title 21, Food and Drugs. For complete

classification of this Act to the Code, see Short Title note set

out under section 801 of Title 21 and Tables.

The Controlled Substances Import and Export Act, referred to in

subsec. (c)(1)(G), is title III of Pub. L. 91-513, Oct. 27, 1970,

84 Stat. 1285, as amended, which is classified principally to

subchapter II (Sec. 951 et seq.) of chapter 13 of Title 21. For

complete classification of this Act to the Code, see Short Title

note set out under section 951 of Title 21 and Tables.

Section 9703 of title 31, referred to in subsec. (c)(4)(C), (10),

(11), probably means the section 9703 of Title 31, Money and

Finance, added by Pub. L. 102-393, title VI, Sec. 638(b)(1), Oct.

6, 1992, 106 Stat. 1779. Clause (ii) of subsec. (g)(4)(A) of that

section was repealed by Pub. L. 103-322, title IX, Sec.

90205(c)(2)(B), Sept. 13, 1994, 108 Stat. 1995.

The effective date of the Comprehensive Forfeiture Act of 1983,

referred to in subsec. (c)(7), probably means the date of enactment

of the Comprehensive Forfeiture Act of 1984, chapter III (Secs. 301

to 323) of title II of Pub. L. 98-473, which was approved Oct. 12,

1984.

Section 6073 of the Anti-Drug Abuse Act of 1988, referred to in

subsec. (c)(8)(B), is classified to section 1509 of Title 21, Food

and Drugs.

Section 605 of Public Law 103-121, referred to in subsec.

(c)(8)(E), is section 605 of Pub. L. 103-121, title VI, Oct. 27,

1993, 107 Stat. 1194, which is not classified to the Code.

-COD-

CODIFICATION

Amendment by Pub. L. 104-91 is based on section 109 of H.R. 2076,

One Hundred Fourth Congress, as passed by the House of

Representatives on Dec. 6, 1995, which was enacted into law by Pub.

L. 104-91.

-MISC2-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273, Sec. 204(a)(1), inserted "to

the Attorney General" after "available" in introductory provisions.

Subsec. (c)(1). Pub. L. 107-273, Sec. 204(a)(2)(C), (D), in

concluding provisions, substituted "(B), (F), and (G)" for

"(A)(iv), (B), (F), (G), and (H)" and "under the Fund" for "under

the fund".

Subsec. (c)(1)(I). Pub. L. 107-273, Sec. 204(a)(2)(B), struck out

subpar. (I) which read as follows: "after all reimbursements and

program-related expenses have been met at the end of fiscal year

1989, the Attorney General may transfer deposits from the Fund to

the building and facilities account of the Federal prison system

for the construction of correctional institutions."

Pub. L. 107-273, Sec. 204(a)(2)(A), substituted period for

semicolon at end.

Subsec. (c)(2). Pub. L. 107-273, Sec. 204(a)(3), substituted

"shall not exceed $500,000" for "shall not exceed $250,000" and

"the lesser of $500,000" for "the lesser of $250,000", struck out

"for information" after "Any award paid from the Fund" and after

"Any award" in two places, and inserted before period at end ",

without both the personal approval of the Attorney General and

written notice within 30 days thereof to the Chairmen and ranking

minority members of the Committees on Appropriations and the

Judiciary of the Senate and of the House of Representatives".

Subsec. (c)(3). Pub. L. 107-273, Sec. 204(a)(4), substituted

"(G)" for "(F)".

Subsec. (c)(5). Pub. L. 107-273, Sec. 204(a)(5), substituted

"Fund, that" for "Fund which".

Subsec. (c)(8)(A). Pub. L. 107-273, Sec. 204(a)(6), substituted

"(B), (F), and (G)" for "(A)(iv), (B), (F), (G), and (H)".

Subsec. (c)(9)(B). Pub. L. 107-273, Sec. 204(a)(7), substituted

"years 2002 and 2003" for "year 1997" and "Each such transfer shall

be subject to satisfaction by the recipient involved of any

outstanding lien against the property transferred, but no such

transfer shall" for "Such transfer shall not".

2000 - Subsec. (c)(1)(E). Pub. L. 106-310, Sec. 3621(a),

designated existing provisions as cl. (i), inserted "and" after

semicolon at end, and added cl. (ii).

Subsec. (c)(4)(D). Pub. L. 106-310, Sec. 3613(b), added subpar.

(D).

Subsec. (c)(6). Pub. L. 106-185 amended par. (6) generally. Prior

to amendment, par. (6) required the Attorney General to transmit to

Congress, not later than 4 months after the end of each fiscal

year, detailed reports on the value of property forfeited under a

law enforced or administered by the Department of Justice with

respect to which funds were not deposited in the Fund and on the

value of such property transferred to a State or local law

enforcement agency, on the Fund's balances, receipts, payments,

assets, and on certain property not forfeited, on profits and

losses with respect to forfeited property, on forfeited property

transactions, on audits reports from State and local law

enforcement agencies, and on administrative and contracting

expenses paid from the Fund.

1998 - Subsec. (d)(1). Pub. L. 105-272 inserted "or services"

after "property".

1997 - Subsec. (c)(8)(B). Pub. L. 105-119, Sec. 124, substituted

"and 1996," for "1996, and 1997,".

Subsec. (c)(8)(E). Pub. L. 105-119, Sec. 108, substituted "1997

and thereafter" for "1996".

Subsec. (c)(11)(B). Pub. L. 105-119, Sec. 211(b), which directed

the amendment of subpar. (B) by inserting at end thereof "or

pursuant to the authority of the Secretary of Commerce", was

executed by inserting the material before the period to reflect the

probable intent of Congress.

1996 - Subsec. (c)(1). Pub. L. 104-208, Sec. 101(a) [title I,

Sec. 114(a)], struck out "(C)," after "(B)," in concluding

provisions.

Subsec. (c)(8)(A). Pub. L. 104-208, Sec. 101(a) [title I, Sec.

114(b)], struck out "(C)," after "(B),".

Subsec. (c)(8)(E). Pub. L. 104-208, Sec. 101(a) [title I, Sec.

108], substituted "September 30, 1996" for "September 30, 1995".

Pub. L. 104-134 struck out subpar. (E), as added by Pub. L.

103-317, which read as follows: "Subject to the notification

procedures contained in section 605 of Public Law 103-121, and

after satisfying the transfer requirement in subparagraph (B)

above, any excess unobligated balance remaining in the Fund on

September 30, 1994 shall be available to the Attorney General,

without fiscal year limitation, for any Federal law enforcement,

litigative/prosecutive, and correctional activities, or any other

authorized purpose of the Department of Justice. Any amounts

provided pursuant to this section may be used under authorities

available to the organization receiving the funds."

Pub. L. 104-91, as amended by Pub. L. 104-99, which directed

amendment of subsec. (c)(9) of this section by adding subpar. (E)

relating to excess unobligated balance remaining in the Fund on

Sept. 30, 1995, was executed by adding subpar. (E) at the end of

subsec. (c)(8), to reflect the redesignation of subsec. (c)(9) as

(c)(8) by Pub. L. 104-66. See below.

Subsec. (c)(9). Pub. L. 104-208, Sec. 101(a) [title I, Sec. 117],

amended par. (9) generally. Prior to amendment, par. (9) read as

follows: "Following the completion of procedures for the forfeiture

of property pursuant to any law enforced or administered by the

Department, the Attorney General is authorized, at his discretion,

to warrant clear title to any subsequent purchaser or transferee of

such forfeited property."

Subsec. (d). Pub. L. 104-208, Sec. 101(a) [title I, Sec. 116],

added subsec. (d).

1995 - Subsec. (c)(7) to (12). Pub. L. 104-66 redesignated pars.

(8) to (12) as (7) to (11), respectively, and struck out former

par. (7) which read as follows:

"(7)(A) The Fund shall be subject to annual audit by the

Comptroller General.

"(B) The Attorney General shall require that any State or local

law enforcement agency receiving funds conduct an annual audit

detailing the uses and expenses to which the funds were dedicated

and the amount used for each use or expense and report the results

of the audit to the Attorney General."

1994 - Subsec. (c)(1)(H), (I). Pub. L. 103-322, Sec. 320913(a),

added subpar. (H) and redesignated former subpar. (H) relating to

payment of overtime salaries, travel, etc. as (I).

Subsec. (c)(6)(B). Pub. L. 103-322, Sec. 320302(1), struck out

"and" at end.

Subsec. (c)(6)(C). Pub. L. 103-322, Sec. 320302(2), substituted

"; and" for period at end.

Pub. L. 103-322, Sec. 320301(b), inserted as flush sentence at

end "The report should also contain all annual audit reports from

State and local law enforcement agencies required to be reported to

the Attorney General under subparagraph (B) of paragraph (7)."

Subsec. (c)(6)(D). Pub. L. 103-322, Sec. 320302(3), added subpar.

(D).

Subsec. (c)(7). Pub. L. 103-322, Sec. 320301(a), amended par. (7)

generally, designating existing provisions as subpar. (A) and

adding subpar. (B).

Subsec. (c)(9)(B) to (D). Pub. L. 103-322, Sec. 90205(b), amended

subpars. (B) to (D) generally. Prior to amendment, subpars. (B) to

(D) read as follows:

"(B) Subject to subparagraph (C), in each of fiscal years 1990,

1991, 1992, and 1993, the Attorney General may transfer from the

Fund not more than $150,000,000 to the Special Forfeiture Fund

established by section 6073 of the Anti-Drug Abuse Act of 1988.

Such transfers shall be made at the end of each quarter of the

fiscal year involved and on a quarterly pro rata basis.

"(C) Transfers under subparagraph (B) may be made only from

excess unobligated amounts and only to the extent that, as

determined by the Attorney General, such transfers will not impair

the future availability of amounts for the purposes under paragraph

(1). Further, transfers under subsection (B) may be made only to

the extent that the sum of the transfers for the current fiscal

year and the unobligated balance at the beginning of the current

fiscal year for the Special Forfeiture Fund do not exceed

$150,000,000.

"(D) At the end of each of fiscal years 1990, 1991, 1992, and

1993, the Attorney General may retain in the Fund not more than

$15,000,000, or, if determined by the Attorney General to be

necessary for asset-specific expenses, a greater amount equal to

not more than one-tenth of the total of obligations from the Fund

in preceding fiscal year."

Subsec. (c)(9)(E). Pub. L. 103-317 added subpar. (E).

1993 - Subsec. (c)(9)(E). Pub. L. 103-121, which directed the

striking of "subsection (E)", was executed by striking subpar. (E)

which read as follows: "Subject to the notification procedures

contained in section 606 of Public Law 101-515, and after reserving

the amounts authorized in subparagraph (D) above, any unobligated

balances remaining in the Fund on September 30, 1991, and on

September 30 of each fiscal year thereafter, shall be available to

the Attorney General, without fiscal year limitation, for law

enforcement, prosecution and correctional activities, and related

training requirements of Federal agencies. Any amounts provided

pursuant to this section may be used under authorities available to

the organization receiving the funds."

1992 - Subsec. (c)(1). Pub. L. 102-393, Sec. 638(f)(1)(C)-(F),

which directed amendment of par. (1) by adding subpar. (H),

redesignating former subpar. (H) as (I), and substituting "(A)(iv)"

for "(A)(ii)" and "(G), and (H)" for "and (G)" in the first

sentence of par. following subpar. (I), was executed to par. (1) as

amended by Pub. L. 102-395, Sec. 114(c), to reflect the probable

intent of Congress and the approval of Pub. L. 102-393 and Pub. L.

102-395 on the same day.

Pub. L. 102-395, Sec. 114(c), amended generally the first

sentence of par. following subpar. (H). Prior to amendment, that

sentence read as follows: "Amounts for paying the expenses

authorized by subparagraphs (A)(ii), (B), (C), (F), and (G) shall

be specified in appropriations acts."

Subsec. (c)(1)(A). Pub. L. 102-393, Sec. 638(f)(1)(A), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: "the payment, at the discretion of the Attorney General,

of any expenses necessary to seize, detain, inventory, safeguard,

maintain, advertise, or sell property under seizure, detention, or

forfeited pursuant to any law enforced or administered by the

Department of Justice, or of any other necessary expenses incident

to the seizure, detention, or forfeiture of such property; such

payments may include -

"(i) payments for contract services, the employment of outside

contractors to operate and manage properties or provide other

specialized services as necessary to dispose of such properties

in an effort to maximize the return from such properties, and

payments to reimburse any Federal, State, or local agency for any

expenditures made to perform the foregoing functions; and

"(ii) payments made pursuant to regulations promulgated by the

Attorney General, that are necessary and direct program-related

expenses for the purchase or lease of automatic data processing

equipment (not less than a majority of which use will be program

related), training, printing, contracting for services directly

related to the identification of forfeitable assets processing of

and accounting for forfeitures, and the storage, protection, and

destruction of controlled substances;".

Subsec. (c)(1)(B). Pub. L. 102-550 inserted "or of sections 1956

and 1957 of title 18, sections 5313 and 5324 of title 31, and

section 6050I of the Internal Revenue Code of 1986" after "United

States".

Subsec. (c)(1)(F). Pub. L. 102-393, Sec. 638(f)(1)(B), amended

subpar. (F) generally. Prior to amendment, subpar. (F) read as

follows: "for equipping for law enforcement functions any

government-owned or leased vessels, vehicles, and aircraft

available for official use by any federal agency participating in

the Fund;".

Subsec. (c)(1)(H), (I). Pub. L. 102-393, Sec. 638(f)(1)(C)-(E),

added subpar. (H) and redesignated former subpar. (H) as (I).

Subsec. (c)(4). Pub. L. 102-393, Sec. 638(f)(2), inserted

"Federal," before "State" in subpar. (B) and added subpar. (C).

Subsec. (c)(6)(B)(v). Pub. L. 102-393, Sec. 638(f)(3), amended

cl. (v) generally. Prior to amendment, cl. (v) read as follows:

"any defendant's equity in property valued at $1,000,000 or more;

and".

Subsec. (c)(9)(A). Pub. L. 102-393, Sec. 638(f)(4), substituted

"(A)(iv)" for "(A)(ii)" and "(G), and (H)" for "and (G)".

Subsec. (c)(9)(E). Pub. L. 102-395, Sec. 114(b), struck out "to

be transferred to any Federal agency" after "without fiscal year

limitation," and substituted for period at end "of Federal

agencies. Any amounts provided pursuant to this section may be used

under authorities available to the organization receiving the

funds."

Pub. L. 102-393, Sec. 638(f)(5), struck out "to procure vehicles,

equipment, and other capital investment items" before "for law

enforcement".

Subsec. (c)(11), (12). Pub. L. 102-393, Sec. 638(f)(6), added

pars. (11) and (12) and struck out former par. (11) which read as

follows: "For the purposes of this subsection, property is

forfeited pursuant to a law enforced or administered by the

Department of Justice if it is forfeited pursuant to -

"(A) any criminal forfeiture proceeding;

"(B) any civil judicial forfeiture proceeding; or

"(C) any civil administrative forfeiture proceeding conducted

by the Department of Justice,

except to the extent that the seizure was effected by a Customs

officer or that custody was maintained by the United States Customs

Service in which case the provisions of section 613A of the Tariff

Act of 1930 (19 U.S.C. 1613a) shall apply."

1991 - Subsec. (c)(1). Pub. L. 102-140, Sec. 112(1), substituted

"law enforcement purposes" for "purposes of the Department of

Justice" in introductory provisions.

Subsec. (c)(1)(C). Pub. L. 102-140, Sec. 112(2), added subpar.

(C) and struck out former subpar. (C) which read as follows: "at

the discretion of the Attorney General, the payment of awards for

information or assistance leading to -

"(i) a civil or criminal forfeiture under the Controlled

Substances Act or the Controlled Substances Import and Export

Act;

"(ii) a criminal forfeiture under chapter 96 of title 18;

"(iii) a civil forfeiture under section 981 of title 18; or

"(iv) a criminal forfeiture under section 982 of title 18."

Subsec. (c)(1)(F). Pub. L. 102-140, Sec. 112(3), (4), struck out

"drug" before "law enforcement functions" and substituted "any

federal agency participating in the Fund" for "the Drug Enforcement

Administration, the Federal Bureau of Investigation, the

Immigration and Naturalization Service, or the United States

Marshals Service".

Subsec. (c)(4). Pub. L. 102-140, Sec. 112(5), added par. (4) and

struck out former par. (4) which read as follows: "There shall be

deposited in the Fund all amounts from the forfeiture of property

under any law enforced or administered by the Department of

Justice, except all proceeds of forfeitures available for use by

the Secretary of the Treasury or the Secretary of the Interior

pursuant to section 11(d) of the Endangered Species Act (16 U.S.C.

1540(d)) or section 6(d) of the Lacey Act Amendments of 1981 (16

U.S.C. 3375(d)) or the Postmaster General of the United States

pursuant to section 2003(b)(7) of title 39."

Subsec. (c)(5). Pub. L. 102-140, Sec. 112(6), inserted ", and in

any holding accounts associated with the Fund" after first

reference to "Fund".

Subsec. (c)(9)(C). Pub. L. 102-140, Sec. 112(7), inserted at end

"Further, transfers under subsection (B) may be made only to the

extent that the sum of the transfers for the current fiscal year

and the unobligated balance at the beginning of the current fiscal

year for the Special Forfeiture Fund do not exceed $150,000,000."

Subsec. (c)(9)(E). Pub. L. 102-140, Sec. 112(8)(B), which

directed the substitution of "to be transferred to any Federal

agency to procure vehicles, equipment, and other capital investment

items for law enforcement, prosecution and correctional activities,

and related training requirements" for "to procure vehicles,

equipment, and other capital investment items for the law

enforcement, prosecution and correctional activities of the

Department of Justice" was executed by making the substitution for

the quoted words which in the original contained a comma after

"prosecution", to reflect the probable intent of Congress.

Pub. L. 102-140, Sec. 112(8)(A), substituted "of each fiscal year

thereafter" for ", 1992".

Pub. L. 102-27 added subpar. (E).

1990 - Subsec. (c)(1)(C). Pub. L. 101-647, Sec. 2005, amended

subpar. (C) generally. Prior to amendment, subpar. (C) read as

follows: "the payment of awards for information or assistance

leading to a civil or criminal forfeiture under any law enforced or

administered by the Department of Justice., at the discretion of

the Attorney General;".

Pub. L. 101-647, Sec. 1601, which directed substitution of "the

payment of awards for information or assistance leading to a civil

or criminal forfeiture under any law enforced or administered by

the Department of Justice." for "the payment of awards for

information or assistance leading to civil or criminal forfeiture

under the Comprehensive Drug Abuse Prevention and Control Act of

1970 (21 U.S.C. 800 et seq.) or a criminal forfeiture under the

Racketeer Influenced and Corrupt Organizations statute (18 U.S.C.

1961 et seq.)", was executed by making the substitution for "the

payment of awards for information or assistance leading to a civil

or criminal forfeiture under the Comprehensive Drug Abuse

Prevention and Control Act of 1970 (21 U.S.C. 800 et seq.) or a

criminal forfeiture under the Racketeer Influenced and Corrupt

Organizations statute (18 U.S.C. 1961 et seq.)" to reflect the

probable intent of Congress.

Subsec. (c)(6). Pub. L. 101-647, Sec. 2006, struck out "two"

after "fiscal year," in introductory provisions and added subpar.

(C).

Subsec. (c)(9). Pub. L. 101-647, Sec. 2001(a), inserted "(A)"

before "There" and substituted subpars. (B) to (D) for "For each of

fiscal years 1991, 1992, and 1993, the Attorney General shall

transfer not to exceed $150,000,000 in unobligated amounts

available in the Fund to the Special Forfeiture Fund: Provided,

That such amounts will be transferred on a quarterly basis:

Provided further, That, upon each transfer, not to exceed

$15,000,000, or, if determined by the Attorney General to be

necessary to meet forfeiture program expenses, an amount not to

exceed one-tenth of the previous year's obligations shall be

retained in the Fund and remain available for payment of authorized

expenses: Provided further, That, any unobligated amounts in excess

of $150,000,000 shall remain on deposit in the Fund."

Pub. L. 101-509 amended second sentence generally, substituting

sentence providing for transfers to Special Forfeiture Fund in

fiscal years 1991, 1992, and 1993 for sentence that read as

follows: "At the end of each of fiscal years 1990, 1991, and 1992,

unobligated amounts not to exceed $150,000,000 remaining in the

Fund shall be deposited in the Special Forfeiture Fund, except that

an amount not to exceed $15,000,000 or, if determined necessary by

the Attorney General to meet asset specific expenses, an amount

equal to one-twelfth of the previous year's expenditures may be

carried forward and remain available for appropriation in the next

fiscal year."

Subsec. (c)(10), (11). Pub. L. 101-647, Sec. 2002, added par.

(10) and redesignated former par. (10) as (11).

1988 - Subsec. (c). Pub. L. 100-690 amended subsec. (c)

generally, revising and restating as pars. (1) to (10) provisions

of former pars. (1) to (8).

1987 - Subsec. (c)(1)(H). Pub. L. 100-202 added subpar. (H).

1986 - Subsec. (c)(1)(A). Pub. L. 99-570, Sec. 1152(a)(1)(2),

inserted provisions allowing payments that are necessary and direct

program-related expenses for the purchase or lease of automatic

data processing equipment, training, printing, contracting for

services directly related to the processing of and accounting for

forfeitures, and the storage, protection, and destruction of

controlled substances.

Subsec. (c)(1)(B) to (E). Pub. L. 99-570, Sec. 1152(a)(1)(3),

added subpar. (B) and redesignated former subpars. (B) to (E) as

(C) to (F), respectively.

Subsec. (c)(1)(F). Pub. L. 99-646, Sec. 27(a), which directed the

amendment of subpar. (E) by inserting "the Federal Bureau of

Investigation, the United States Marshals Service," after "for

official use by" and a comma before "or" was not executed in view

of prior redesignation of subpar. (E) as (F) and substantively

similar amendment by section 1152(a) of Pub. L. 99-570.

Pub. L. 99-570, Sec. 1152(a)(1)(3), (4), redesignated former

subpar. (E) as (F) and amended it generally. Prior to amendment,

subpar. (E) read as follows: "for equipping for law enforcement

functions of forfeited vessels, vehicles, and aircraft retained as

provided by law for official use by the Drug Enforcement

Administration or the Immigration and Naturalization Service; and".

Former subpar. (F) redesignated (G).

Subsec. (c)(1)(G). Pub. L. 99-570, Sec. 1152(a)(1)(3),

redesignated former subpar. (F) as (G).

Subsec. (c)(4). Pub. L. 99-570, Sec. 1152(a)(1)(5), and Pub. L.

99-646, Sec. 27(b), made substantially identical amendments

substituting ", except all proceeds of forfeitures available for

use by the Secretary of the Treasury or the Secretary of the

Interior pursuant to section 11(d) of the Endangered Species Act

(16 U.S.C. 1540(d)) or section 6(d) of the Lacey Act Amendments of

1981 (16 U.S.C. 3375(d))" for "remaining after the payment of

expenses for forfeiture and sale authorized by law".

Subsec. (c)(8), (9). Pub. L. 99-570, Sec. 1152(a)(1)(6),

redesignated par. (9) as (8), and struck out former par. (8) which

provided for an authorization of appropriations for fiscal years

1984 to 1987 and deposit of excess amounts in the general fund of

the Treasury of the United States.

1984 - Subsec. (c). Pub. L. 98-473, Sec. 310, added subsec. (c).

Subsec. (c)(1)(E), (F). Pub. L. 98-473, Sec. 2303(a), added

subpars. (E) and (F).

Subsec. (c)(3) to (9). Pub. L. 98-473, Sec. 2303(b), added par.

(3) and redesignated existing pars. (3) to (8) as (4) to (9),

respectively.

1982 - Pub. L. 97-258, Sec. 2(g)(1)(B), substituted "Availability

of appropriations" for "Appropriations for administrative expenses;

notarial fees; meals and lodging of bailiffs" in section catchline.

Subsecs. (a), (b). Pub. L. 97-258, Sec. 2(g)(1)(C), (D),

designated existing provisions as subsec. (a) and added subsec.

(b).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-185 applicable to any forfeiture

proceeding commenced on or after the date that is 120 days after

Apr. 25, 2000, see section 21 of Pub. L. 106-185, set out as a note

under section 1324 of Title 8, Aliens and Nationality.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 320913(b) of Pub. L. 103-322 provided that: "The

amendment made by subsection (a) [amending this section] shall

apply to all claims pending at the time of or commenced subsequent

to the date of enactment of this Act [Sept. 13, 1994]."

GRANT PROGRAMS; AVAILABILITY OF FUNDS TO JAILS WITH PAY-TO-STAY

PROGRAMS

Pub. L. 106-553, Sec. 1(a)(2) [title I, Sec. 117, formerly Sec.

118], Dec. 21, 2000, 114 Stat. 2762, 2762A-69; renumbered Sec.

1(a)(2) [title I, Sec. 117], Pub. L. 106-554, Sec. 1(a)(4) [div. A,

Sec. 213(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-179, provided

that: "Notwithstanding any other provision of law, for fiscal 2001

and hereafter, with respect to any grant program for which amounts

are made available under this title, no grant funds may be made

available to any local jail that runs 'pay-to-stay programs.'."

USE OF FUNDS MADE AVAILABLE FOR REMOVAL OF SUBSTANCES ASSOCIATED

WITH ILLEGAL MANUFACTURE OF AMPHETAMINE AND METHAMPHETAMINE

Pub. L. 106-310, div. B, title XXXVI, Sec. 3621(c)(1), Oct. 17,

2000, 114 Stat. 1231, provided that: "Any amounts made available

from the Department of Justice Assets Forfeiture Fund in a fiscal

year by reason of the amendment made by subsection (a) [amending

this section] shall supplement, and not supplant, any other amounts

made available to the Department of Justice in such fiscal year

from other sources for payment of costs described in section

524(c)(1)(E)(ii) of title 28, United States Code, as so amended."

ACQUISITION OF EQUIPMENT OR INTERIM SERVICES WITH COUNTERTERRORISM

FUNDS

Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 109],

Nov. 29, 1999, 113 Stat. 1535, 1501A-20, provided that: "Sections

115 [set out below] and 127 [42 U.S.C. 1997e note] of the

Departments of Commerce, Justice, and State, the Judiciary, and

Related Agencies Appropriations Act, 1999 (as contained in section

101(b) of division A of Public Law 105-277) shall apply to fiscal

year 2000 and thereafter."

Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 115], Oct.

21, 1998, 112 Stat. 2681-50, 2681-68, provided that:

"(a)(1) Notwithstanding any other provision of law, for fiscal

year 1999, the Attorney General may obligate any funds appropriated

for or reimbursed to the Counterterrorism programs, projects or

activities of the Department of Justice to purchase or lease

equipment or any related items, or to acquire interim services,

without regard to any otherwise applicable Federal acquisition

rule, if the Attorney General determines that -

"(A) there is an exigent need for the equipment, related items,

or services in order to support an ongoing counterterrorism,

national security, or computer-crime investigation or

prosecution;

"(B) the equipment, related items, or services required are not

available within the Department of Justice; and

"(C) adherence to that Federal acquisition rule would -

"(i) delay the timely acquisition of the equipment, related

items, or services; and

"(ii) adversely affect an ongoing counterterrorism, national

security, or computer-crime investigation or prosecution.

"(2) In this subsection, the term 'Federal acquisition rule'

means any provision of title II or IX of the Federal Property and

Administrative Services Act of 1949 [former 40 U.S.C. 481 et seq.,

541 et seq., for distribution of sections of former Title 40 to

Title 40, Public Buildings, Property, and Works, see Table

preceding section 101 of Title 40], the Office of Federal

Procurement Policy Act [41 U.S.C. 401 et seq.], the Small Business

Act [15 U.S.C. 631 et seq.], the Federal Acquisition Regulation, or

any other provision of law or regulation that establishes policies,

procedures, requirements, conditions, or restrictions for

procurements by the head of a department or agency or the Federal

Government.

"(b) The Attorney General shall immediately notify the Committees

on Appropriations of the House of Representatives and the Senate in

writing of each expenditure under subsection (a), which

notification shall include sufficient information to explain the

circumstances necessitating the exercise of the authority under

that subsection."

GRANT PROGRAMS; "TRIBE", "INDIAN TRIBE", OR "TRIBAL" DEFINED

Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 113], Oct.

21, 1998, 112 Stat. 2681-50, 2681-67, as amended by Pub. L. 106-31,

title III, Sec. 3028, May 21, 1999, 113 Stat. 102; Pub. L. 106-113,

div. B, Sec. 1000(a)(1) [title I, Sec. 116], Nov. 29, 1999, 113

Stat. 1535, 1501A-21, provided that: "Notwithstanding any other

provision of law for fiscal year 2000 and hereafter, with respect

to any grant program for which amounts are made available under

this title, the terms 'tribe', 'Indian tribe' or 'tribal' mean of

or relating to an Indian tribe as that term is defined in section

4(e) of the Indian Self Determination and Education Assistance Act

(Public Law 93-638, as amended; 25 U.S.C. 450b(e) (1998))."

COUNTERTERRORISM FUND

Pub. L. 107-56, title I, Sec. 101, Oct. 26, 2001, 115 Stat. 276,

provided that:

"(a) Establishment; Availability. - There is hereby established

in the Treasury of the United States a separate fund to be known as

the 'Counterterrorism Fund', amounts in which shall remain

available without fiscal year limitation -

"(1) to reimburse any Department of Justice component for any

costs incurred in connection with -

"(A) reestablishing the operational capability of an office

or facility that has been damaged or destroyed as the result of

any domestic or international terrorism incident;

"(B) providing support to counter, investigate, or prosecute

domestic or international terrorism, including, without

limitation, paying rewards in connection with these activities;

and

"(C) conducting terrorism threat assessments of Federal

agencies and their facilities; and

"(2) to reimburse any department or agency of the Federal

Government for any costs incurred in connection with detaining in

foreign countries individuals accused of acts of terrorism that

violate the laws of the United States.

"(b) No Effect on Prior Appropriations. - Subsection (a) shall

not be construed to affect the amount or availability of any

appropriation to the Counterterrorism Fund made before the date of

the enactment of this Act [Oct. 26, 2001]."

Pub. L. 104-19, title III, July 27, 1995, 109 Stat. 249, provided

that: "There is hereby established the Counterterrorism Fund which

shall remain available without fiscal year limitation. For

necessary expenses, as determined by the Attorney General,

$34,220,000, to remain available until expended, is appropriated to

the Counterterrorism Fund to reimburse any Department of Justice

organization for the costs incurred in reestablishing the

operational capability of an office or facility which has been

damaged or destroyed as the result of the bombing of the Alfred P.

Murrah Federal Building in Oklahoma City or any domestic or

international terrorism event: Provided, That funds from this

appropriation also may be used to reimburse the appropriation

account of any Department of Justice agency engaged in, or

providing support to, countering, investigating or prosecuting

domestic or international terrorism, including payment of rewards

in connection with these activities, and to conduct a terrorism

threat assessment of Federal agencies and their facilities:

Provided further, That any amount obligated from appropriations

under this heading may be used under the authorities available to

the organization reimbursed from this appropriation: Provided

further, That amounts in excess of the $10,555,000 made available

for extraordinary expenses incurred in the Oklahoma City bombing

for fiscal year 1995, shall be available only after the Attorney

General notifies the Committees on Appropriations of the House of

Representatives and the Senate in accordance with section 605 of

Public Law 103-317 [108 Stat. 1773]: Provided further, That the

entire amount is designated by Congress as an emergency requirement

pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and

Emergency Deficit Control Act of 1985 [2 U.S.C. 901(b)(2)(D)(i)],

as amended: Provided further, That the amount not previously

designated by the President as an emergency requirement shall be

available only to the extent an official budget request, for a

specific dollar amount that includes designation of the entire

amount of the request as an emergency requirement, as defined in

the Balanced Budget and Emergency Deficit Control Act of 1985 [see

Short Title note set out under 2 U.S.C. 900], as amended, is

transmitted to Congress."

UNAUTHORIZED TRANSFERS FROM DEPARTMENT OF JUSTICE ACCOUNTS; CONTROL

OF ALLOCATION OF FUNDS BY AUTHORITY OTHER THAN OFFICE OF MANAGEMENT

AND BUDGET OR DEPARTMENT OF JUSTICE

Section 110 of H.R. 2076, One Hundred Fourth Congress, as passed

by the House of Representatives on Dec. 6, 1995, and as enacted

into law by Pub. L. 104-91, title I, Sec. 101(a), Jan. 6, 1996, 110

Stat. 11, as amended by Pub. L. 104-99, title II, Sec. 211, Jan.

26, 1996, 110 Stat. 37, provided that: "Hereafter, notwithstanding

any other provision of law -

"(1) No transfers may be made from Department of Justice

accounts other than those authorized in this Act [probably means

H.R. 2076, One Hundred Fourth Congress, which was vetoed], or in

previous or subsequent appropriations Acts for the Department of

Justice, or in part II of title 28 of the United States Code, or

in section 10601 of title 42 of the United States Code; and

"(2) No appropriation account within the Department of Justice

shall have its allocation of funds controlled by other than an

apportionment issued by the Office of Management and Budget or an

allotment advice issued by the Department of Justice."

Similar provisions were contained in the following prior

appropriation act:

Pub. L. 103-317, title I, Sec. 113, Aug. 26, 1994, 108 Stat.

1736.

USE OF DEPOSITS TRANSFERRED FROM ASSETS FORFEITURE FUND TO

BUILDINGS AND FACILITIES ACCOUNT OF FEDERAL PRISON SYSTEM

Section 106 of Pub. L. 103-121 provided that: "For fiscal year

1994 and thereafter, deposits transferred from the Assets

Forfeiture Fund to the Buildings and Facilities account of the

Federal Prison System may be used for the construction of

correctional institutions, and the construction and renovation of

Immigration and Naturalization Service and United States Marshals

Service detention facilities, and for the authorized purposes of

the Cooperative Agreement Program."

[For abolition of Immigration and Naturalization Service,

transfer of functions, and treatment of related references, see

note set out under section 1551 of Title 8, Aliens and

Nationality.]

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 102-395, title I, Sec. 107, Oct. 6, 1992, 106 Stat. 1841.

Pub. L. 102-140, title I, Sec. 107, Oct. 28, 1991, 105 Stat. 794.

Pub. L. 101-515, title II, Sec. 208, Nov. 5, 1990, 104 Stat.

2119.

Pub. L. 101-162, title II, as added Pub. L. 101-302, title II,

May 25, 1990, 104 Stat. 216.

NOTICE AND APPROVAL OF TRANSFER OF SUBSECTION (C)(1)(H) DEPOSITS

Section 101(a) [title II, Sec. 210(b)] of Pub. L. 100-202

provided that: "Amounts proposed for transfer pursuant to

subsection (a) [amending this section] shall be transferred only

upon notification by the Attorney General to the Committees on

Appropriations of the House of Representatives and the Senate and

approval under said Committees' policies concerning the

reprogramming of funds."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 530C of this title; title

18 sections 793, 794, 798, 2254; title 21 sections 881, 1509; title

31 section 9703; title 50 section 783.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be capitalized.

-End-

-CITE-

28 USC Sec. 525 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 525. Procurement of law books, reference books, and

periodicals; sale and exchange

-STATUTE-

In the procurement of law books, reference books, and

periodicals, the Attorney General may exchange or sell similar

items and apply the exchange allowances or proceeds of such sales

in whole or in part payment therefor.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 615.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 341e. July 28, 1950, ch. 503, Sec. 3,

64 Stat. 380.

--------------------------------------------------------------------

The words "Attorney General" are substituted for "Department of

Justice".

-End-

-CITE-

28 USC Sec. 526 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 526. Authority of Attorney General to investigate United

States attorneys, marshals, trustees, clerks of court, and others

-STATUTE-

(a) The Attorney General may investigate the official acts,

records, and accounts of -

(1) the United States attorneys, marshals, trustees, including

trustees in cases under title 11; and

(2) at the request and on behalf of the Director of the

Administrative Office of the United States Courts, the clerks of

the United States courts and of the district court of the Virgin

Islands, probation officers, United States magistrate judges, and

court reporters;

for which purpose all the official papers, records, dockets, and

accounts of these officers, without exception, may be examined by

agents of the Attorney General at any time.

(b) Appropriations for the examination of judicial officers are

available for carrying out this section.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 615;

amended Pub. L. 95-598, title II, Secs. 219(a), (b), 220, Nov. 6,

1978, 92 Stat. 2662; Pub. L. 99-554, title I, Sec. 144(c), Oct. 27,

1986, 100 Stat. 3096; Pub. L. 101-650, title III, Sec. 321, Dec. 1,

1990, 104 Stat. 5117; Pub. L. 107-273, div. B, title IV, Sec.

4003(b)(2), Nov. 2, 2002, 116 Stat. 1811.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 341b. July 28, 1950, ch. 503, Sec. 4,

64 Stat. 380.

July 7, 1958, Pub. L. 85-508,

Sec. 12(q), 72 Stat. 349.

--------------------------------------------------------------------

In subsection (b), the words "now or hereafter" and "the

provisions of" are omitted as unnecessary.

-COD-

CODIFICATION

Pub. L. 95-598, title IV, Sec. 408(c), Nov. 6, 1978, 92 Stat.

2687, as amended by Pub. L. 98-166, title II, Sec. 200, Nov. 28,

1983, 97 Stat. 1081; Pub. L. 98-353, title III, Sec. 323, July 10,

1984, 98 Stat. 358; Pub. L. 99-429, Sept. 30, 1986, 100 Stat. 985;

Pub. L. 99-500, Sec. 101(b) [title II, Sec. 200], Oct. 18, 1986,

100 Stat. 1783-39, 1783-45, and Pub. L. 99-591, Sec. 101(b) [title

II, Sec. 200], Oct. 30, 1986, 100 Stat. 3341-39, 3341-45; Pub. L.

99-554, title III, Sec. 307(a), Oct. 27, 1986, 100 Stat. 3125,

provided for the deletion of any references to United States

Trustees in this title at a prospective date, prior to repeal by

Pub. L. 99-554, title III, Sec. 307(b), Oct. 27, 1986, 100 Stat.

3125.

-MISC2-

AMENDMENTS

2002 - Pub. L. 107-273, Sec. 4003(b)(2)(A), struck out "and"

before "trustees" in section catchline.

Subsec. (a)(1). Pub. L. 107-273, Sec. 4003(b)(2)(B), substituted

"marshals," for "marshals,,".

1986 - Pub. L. 99-554, Sec. 144(c)(1), substituted "trustees" for

"trustee" in section catchline.

Subsec. (a)(1). Pub. L. 99-554, Sec. 144(c)(2)(A), inserted

reference to trustees in cases under title 11.

Subsec. (a)(2). Pub. L. 99-554, Sec. 144(c)(2)(B), struck out

references to courts of the Canal Zone and trustees in cases under

title 11.

1978 - Pub. L. 95-598, Sec. 219(b), substituted "marshals, and

trustee" for "and marshals" in section catchline.

Subsec. (a)(1). Pub. L. 95-518, Sec. 219(a), substituted

"marshals, and trustees" for "and marshals".

Subsec. (a)(2). Pub. L. 95-598, Sec. 220, substituted "officers,

trustees in cases under title 11" for "officers, referees, trustees

and receivers in bankruptcy" and "magistrates" for "commissioners".

-CHANGE-

CHANGE OF NAME

"United States magistrate judges" substituted for "United States

magistrates" in subsec. (a)(2) pursuant to section 321 of Pub. L.

101-650, set out as a note under section 631 of this title.

-MISC3-

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-554 effective 30 days after Oct. 27,

1986, see section 302(a) of Pub. L. 99-554, set out as a note under

section 581 of this title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section

402(c) of Pub. L. 95-598, set out as an Effective Date note

preceding section 101 of Title 11, Bankruptcy.

-End-

-CITE-

28 USC Sec. 527 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 527. Establishment of working capital fund

-STATUTE-

There is hereby authorized to be established a working capital

fund for the Department of Justice, which shall be available,

without fiscal year limitation, for expenses and equipment

necessary for maintenance and operations of such administrative

services as the Attorney General, with the approval of the Office

of Management and Budget, determines may be performed more

advantageously as central services. The capital of the fund shall

consist of the amount of the fair and reasonable value of such

inventories, equipment, and other assets and inventories on order

pertaining to the services to be carried on by the fund as the

Attorney General may transfer to the fund less related liabilities

and unpaid obligations together with any appropriations made for

the purpose of providing capital. The fund shall be reimbursed or

credited with advance payments from applicable appropriations and

funds of the Department of Justice, other Federal agencies, and

other sources authorized by law for supplies, materials, and

services at rates which will recover the expenses of operations

including accrual of annual leave and depreciation of plant and

equipment of the fund. The fund shall also be credited with other

receipts from sale or exchange of property or in payment for loss

or damage to property held by the fund. There shall be transferred

into the Treasury as miscellaneous receipts, as of the close of

each fiscal year, any net income after making provisions for prior

year losses, if any.

-SOURCE-

(Added Pub. L. 93-613, Sec. 1(1), Jan. 2, 1975, 88 Stat. 1975.)

-MISC1-

DEBT COLLECTION IMPROVEMENT

Pub. L. 107-273, div. C, title I, Sec. 11013(a), Nov. 2, 2002,

116 Stat. 1823, provided that: "Notwithstanding section 3302 of

title 31, United States Code, or any other statute affecting the

crediting of collections, the Attorney General may credit, as an

offsetting collection, to the Department of Justice Working Capital

Fund up to 3 percent of all amounts collected pursuant to civil

debt collection litigation activities of the Department of Justice.

Such amounts in the Working Capital Fund shall remain available

until expended and shall be subject to the terms and conditions of

that fund, and shall be used first, for paying the costs of

processing and tracking civil and criminal debt-collection

litigation, and, thereafter, for financial systems and for

debt-collection-related personnel, administrative, and litigation

expenses."

CREDITING TO WORKING CAPITAL FUND OF AMOUNTS COLLECTED PURSUANT TO

CIVIL DEBT COLLECTION LITIGATION ACTIVITIES

Pub. L. 103-121, title I, Sec. 108, Oct. 27, 1993, 107 Stat.

1164, as amended by Pub. L. 107-273, div. A, title II, Sec. 204(g),

Nov. 2, 2002, 116 Stat. 1776, which authorized Attorney General to

credit, as an offsetting collection, to Department of Justice

Working Capital Fund, for fiscal year 1994 and thereafter, up to

six percent of all amounts collected pursuant to civil debt

collection litigation activities of Department of Justice, and

provided that such amounts would remain available until expended,

be subject to the terms and conditions of that fund, and be used,

first, for paying costs of processing and tracking such litigation,

and, thereafter, for financial systems, and other personnel,

administrative, and litigation expenses of debt collection

activities, was repealed by Pub. L. 107-273, div. C, title I, Sec.

11013(b), Nov. 2, 2002, 116 Stat. 1823.

CAPITAL EQUIPMENT ACQUISITION, ETC., BY INCOME RETAINED FROM OR

TRANSFERRED TO WORKING CAPITAL FUND; AMOUNTS AND LIMITATIONS

Pub. L. 102-140, title I, Oct. 28, 1991, 105 Stat. 784, provided

that:

"Of the total income of the Working Capital Fund in fiscal year

1992 and each fiscal year thereafter, not to exceed 4 percent of

the total income may be retained, to remain available until

expended, for the acquisition of capital equipment and for the

improvement and implementation of the Department's financial

management and payroll/personnel systems: Provided, That in fiscal

year 1992, not to exceed $4,000,000 of the total income retained

shall be used for improvements to the Department's data processing

operation: Provided further, That any proposed use of the retained

income in fiscal year 1992 and thereafter, except for the

$4,000,000 specified above, shall only be made after notification

to the Committees on Appropriations of the House of Representatives

and the Senate in accordance with section 606 of this Act [105

Stat. 824].

"In addition, for fiscal year 1992 and thereafter, at no later

than the end of the fifth fiscal year after the fiscal year for

which funds are appropriated or otherwise made available,

unobligated balances of appropriations available to the Department

of Justice during such fiscal year may be transferred into the

capital account of the Working Capital Fund to be available for the

departmentwide acquisition of capital equipment, development and

implementation of law enforcement or litigation related automated

data processing systems, and for the improvement and implementation

of the Department's financial management and payroll/personnel

systems: Provided, That any proposed use of these transferred funds

in fiscal year 1992 and thereafter shall only be made after

notification to the Committees on Appropriations of the House of

Representatives and the Senate in accordance with section 606 of

this Act."

-End-

-CITE-

28 USC Sec. 528 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 528. Disqualification of officers and employees of the

Department of Justice

-STATUTE-

The Attorney General shall promulgate rules and regulations which

require the disqualification of any officer or employee of the

Department of Justice, including a United States attorney or a

member of such attorney's staff, from participation in a particular

investigation or prosecution if such participation may result in a

personal, financial, or political conflict of interest, or the

appearance thereof. Such rules and regulations may provide that a

willful violation of any provision thereof shall result in removal

from office.

-SOURCE-

(Added Pub. L. 95-521, title VI, Sec. 603(a), Oct. 26, 1978, 92

Stat. 1874.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 26, 1978, see section 604 of Pub. L.

95-521, set out as a note under section 591 of this title.

-End-

-CITE-

28 USC Sec. 529 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 529. Annual report of Attorney General

-STATUTE-

(a) Beginning on June 1, 1979, and at the beginning of each

regular session of Congress thereafter, the Attorney General shall

report to Congress on the activities and operations of the Public

Integrity Section or any other unit of the Department of Justice

designated to supervise the investigation and prosecution of -

(1) any violation of Federal criminal law by any individual who

holds or who at the time of such violation held a position,

whether or not elective, as a Federal Government officer,

employee, or special employee, if such violation relates directly

or indirectly to such individual's Federal Government position,

employment, or compensation;

(2) any violation of any Federal criminal law relating to

lobbying, conflict of interest, campaigns, and election to public

office committed by any person, except insofar as such violation

relates to a matter involving discrimination or intimidation on

grounds of race, color, religion, or national origin;

(3) any violation of Federal criminal law by any individual who

holds or who at the time of such violation held a position,

whether or not elective, as a State or local government officer

or employee, if such violation relates directly or indirectly to

such individual's State or local government position, employment,

or compensation; and

(4) such other matters as the Attorney General may deem

appropriate.

Such report shall include the number, type, and disposition of all

investigations and prosecutions supervised by such Section or such

unit, except that such report shall not disclose information which

would interfere with any pending investigation or prosecution or

which would improperly infringe upon the privacy rights of any

individuals.

(b) Notwithstanding any provision of law limiting the amount of

management or administrative expenses, the Attorney General shall,

not later than May 2, 2003, and of every year thereafter, prepare

and provide to the Committees on the Judiciary and Appropriations

of each House of the Congress using funds available for the

underlying programs -

(1) a report identifying and describing every grant (other than

one made to a governmental entity, pursuant to a statutory

formula), cooperative agreement, or programmatic services

contract that was made, entered into, awarded, or, for which

additional or supplemental funds were provided in the immediately

preceding fiscal year, by or on behalf of the Office of Justice

Programs (including any component or unit thereof, and the Office

of Community Oriented Policing Services), and including, without

limitation, for each such grant, cooperative agreement, or

contract: the term, the dollar amount or value, a description of

its specific purpose or purposes, the names of all grantees or

parties, the names of each unsuccessful applicant or bidder, and

a description of the specific purpose or purposes proposed in

each unsuccessful application or bid, and of the reason or

reasons for rejection or denial of the same; and

(2) a report identifying and reviewing every grant (other than

one made to a governmental entity, pursuant to a statutory

formula), cooperative agreement, or programmatic services

contract made, entered into, awarded, or for which additional or

supplemental funds were provided, after October 1, 2002, by or on

behalf of the Office of Justice Programs (including any component

or unit thereof, and the Office of Community Oriented Policing

Services) that was programmatically and financially closed out or

that otherwise ended in the immediately preceding fiscal year (or

even if not yet closed out, was terminated or otherwise ended in

the fiscal year that ended 2 years before the end of such

immediately preceding fiscal year), and including, without

limitation, for each such grant, cooperative agreement, or

contract: a description of how the appropriated funds involved

actually were spent, statistics relating to its performance, its

specific purpose or purposes, and its effectiveness, and a

written declaration by each non-Federal grantee and each

non-Federal party to such agreement or to such contract, that -

(A) the appropriated funds were spent for such purpose or

purposes, and only such purpose or purposes;

(B) the terms of the grant, cooperative agreement, or

contract were complied with; and

(C) all documentation necessary for conducting a full and

proper audit under generally accepted accounting principles,

and any (additional) documentation that may have been required

under the grant, cooperative agreement, or contract, have been

kept in orderly fashion and will be preserved for not less than

3 years from the date of such close out, termination, or end;

except that the requirement of this paragraph shall be deemed

satisfied with respect to any such description, statistics, or

declaration if such non-Federal grantee or such non-Federal party

shall have failed to provide the same to the Attorney General,

and the Attorney General notes the fact of such failure and the

name of such grantee or such party in the report.

-SOURCE-

(Added Pub. L. 95-521, title VI, Sec. 603(a), Oct. 26, 1978, 92

Stat. 1874; amended Pub. L. 107-273, div. A, title II, Sec. 205(a),

div. B, title IV, Sec. 4003(b)(3), Nov. 2, 2002, 116 Stat. 1777,

1811.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-273, Sec. 205(a), designated existing

provisions as subsec. (a) and added subsec. (b).

Subsec. (b)(2). Pub. L. 107-273, Sec. 4003(b)(3), struck out

"over $5,000,000" after "services contract" in introductory

provisions.

EFFECTIVE DATE

Section effective Oct. 26, 1978, see section 604 of Pub. L.

95-521, set out as a note under section 591 of this title.

-End-

-CITE-

28 USC Sec. 530 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 530. Payment of travel and transportation expenses of newly

appointed special agents

-STATUTE-

The Attorney General or the Attorney General's designee is

authorized to pay the travel expenses of newly appointed special

agents and the transportation expenses of their families and

household goods and personal effects from place of residence at

time of selection to the first duty station, to the extent such

payments are authorized by section 5723 of title 5 for new

appointees who may receive payments under that section.

-SOURCE-

(Added Pub. L. 98-86, Sec. 1, Aug. 26, 1983, 97 Stat. 492.)

-End-

-CITE-

28 USC Sec. 530A 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 530A. Authorization of appropriations for travel and related

expenses and for health care of personnel serving abroad

-STATUTE-

There are authorized to be appropriated, for any fiscal year, for

the Department of Justice, such sums as may be necessary -

(1) for travel and related expenses of employees of the

Department of Justice serving abroad and their families, to be

payable in the same manner as applicable with respect to the

Foreign Service under paragraphs (3), (5), (6), (8), (9), (11),

and (15) of section 901 of the Foreign Service Act of 1980, and

under the regulations issued by the Secretary of State; and

(2) for health care for such employees and families, to be

provided under section 904 of that Act.

-SOURCE-

(Added Pub. L. 100-690, title VI, Sec. 6281(a), Nov. 18, 1988, 102

Stat. 4368.)

-REFTEXT-

REFERENCES IN TEXT

Sections 901 and 904 of the Foreign Service Act of 1980, referred

to in pars. (1) and (2), are classified to sections 4081 and 4084,

respectively, of Title 22, Foreign Relations and Intercourse.

-End-

-CITE-

28 USC Sec. 530B 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 530B. Ethical standards for attorneys for the Government

-STATUTE-

(a) An attorney for the Government shall be subject to State laws

and rules, and local Federal court rules, governing attorneys in

each State where such attorney engages in that attorney's duties,

to the same extent and in the same manner as other attorneys in

that State.

(b) The Attorney General shall make and amend rules of the

Department of Justice to assure compliance with this section.

(c) As used in this section, the term "attorney for the

Government" includes any attorney described in section 77.2(a) of

part 77 of title 28 of the Code of Federal Regulations and also

includes any independent counsel, or employee of such a counsel,

appointed under chapter 40.

-SOURCE-

(Added Pub. L. 105-277, div. A, Sec. 101(b) [title VIII, Sec.

801(a)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-118.)

-MISC1-

EFFECTIVE DATE

Pub. L. 105-277, div. A, Sec. 101(b) [title VIII, Sec. 801(c)],

Oct. 21, 1998, 112 Stat. 2681-50, 2681-119, provided that: "The

amendments made by this section [enacting this section] shall take

effect 180 days after the date of the enactment of this Act [Oct.

21, 1998] and shall apply during that portion of fiscal year 1999

that follows that taking effect, and in each succeeding fiscal

year."

-End-

-CITE-

28 USC Sec. 530C 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 530C. Authority to use available funds

-STATUTE-

(a) In General. - Except to the extent provided otherwise by law,

the activities of the Department of Justice (including any bureau,

office, board, division, commission, subdivision, unit, or other

component thereof) may, in the reasonable discretion of the

Attorney General, be carried out through any means, including -

(1) through the Department's own personnel, acting within,

from, or through the Department itself;

(2) by sending or receiving details of personnel to other

branches or agencies of the Federal Government, on a

reimbursable, partially-reimbursable, or nonreimbursable basis;

(3) through reimbursable agreements with other Federal agencies

for work, materials, or equipment;

(4) through contracts, grants, or cooperative agreements with

non-Federal parties; and

(5) as provided in subsection (b), in section 524, and in any

other provision of law consistent herewith, including, without

limitation, section 102(b) of Public Law 102-395 (106 Stat.

1838), as incorporated by section 815(d) of Public Law 104-132

(110 Stat. 1315).

(b) Permitted Uses. -

(1) General permitted uses. - Funds available to the Attorney

General (i.e., all funds available to carry out the activities

described in subsection (a)) may be used, without limitation, for

the following:

(A) The purchase, lease, maintenance, and operation of

passenger motor vehicles, or police-type motor vehicles for law

enforcement purposes, without regard to general purchase price

limitation for the then-current fiscal year.

(B) The purchase of insurance for motor vehicles, boats, and

aircraft operated in official Government business in foreign

countries.

(C) Services of experts and consultants, including private

counsel, as authorized by section 3109 of title 5, and at rates

of pay for individuals not to exceed the maximum daily rate

payable from time to time under section 5332 of title 5.

(D) Official reception and representation expenses (i.e.,

official expenses of a social nature intended in whole or in

predominant part to promote goodwill toward the Department or

its missions, but excluding expenses of public tours of

facilities of the Department of Justice), in accordance with

distributions and procedures established, and rules issued, by

the Attorney General, and expenses of public tours of

facilities of the Department of Justice.

(E) Unforeseen emergencies of a confidential character, to be

expended under the direction of the Attorney General and

accounted for solely on the certificate of the Attorney

General.

(F) Miscellaneous and emergency expenses authorized or

approved by the Attorney General, the Deputy Attorney General,

the Associate Attorney General, or the Assistant Attorney

General for Administration.

(G) In accordance with procedures established and rules

issued by the Attorney General -

(i) attendance at meetings and seminars;

(ii) conferences and training; and

(iii) advances of public moneys under section 3324 of title

31: Provided, That travel advances of such moneys to law

enforcement personnel engaged in undercover activity shall be

considered to be public money for purposes of section 3527 of

title 31.

(H) Contracting with individuals for personal services

abroad, except that such individuals shall not be regarded as

employees of the United States for the purpose of any law

administered by the Office of Personnel Management.

(I) Payment of interpreters and translators who are not

citizens of the United States, in accordance with procedures

established and rules issued by the Attorney General.

(J) Expenses or allowances for uniforms as authorized by

section 5901 of title 5, but without regard to the general

purchase price limitation for the then-current fiscal year.

(K) Expenses of -

(i) primary and secondary schooling for dependents of

personnel stationed outside the United States at cost not in

excess of those authorized by the Department of Defense for

the same area, when it is determined by the Attorney General

that schools available in the locality are unable to provide

adequately for the education of such dependents; and

(ii) transportation of those dependents between their place

of residence and schools serving the area which those

dependents would normally attend when the Attorney General,

under such regulations as he may prescribe, determines that

such schools are not accessible by public means of

transportation.

(L) payment of rewards (i.e., payments pursuant to public

advertisements for assistance to the Department of Justice), in

accordance with procedures and regulations established or

issued by the Attorney General: Provided, That -

(i) no such reward shall exceed $2,000,000, unless -

(I) the reward is to combat domestic terrorism or

international terrorism (as defined in section 2331 of

title 18); or

(II) a statute should authorize a higher amount;

(ii) no such reward of $250,000 or more may be made or

offered without the personal approval of either the Attorney

General or the President;

(iii) the Attorney General shall give written notice to the

Chairmen and ranking minority members of the Committees on

Appropriations and the Judiciary of the Senate and of the

House of Representatives not later than 30 days after the

approval of a reward under clause (ii);

(iv) any executive agency or military department (as

defined, respectively, in sections 105 and 102 of title 5)

may provide the Attorney General with funds for the payment

of rewards; and

(v) neither the failure of the Attorney General to

authorize a payment nor the amount authorized shall be

subject to judicial review.

(2) Specific permitted uses. -

(A) Aircraft and boats. - Funds available to the Attorney

General for United States Attorneys, for the Federal Bureau of

Investigation, for the United States Marshals Service, for the

Drug Enforcement Administration, and for the Immigration and

Naturalization Service may be used for the purchase, lease,

maintenance, and operation of aircraft and boats, for law

enforcement purposes.

(B) Purchase of ammunition and firearms; firearms

competitions. - Funds available to the Attorney General for

United States Attorneys, for the Federal Bureau of

Investigation, for the United States Marshals Service, for the

Drug Enforcement Administration, for the Federal Prison System,

for the Office of the Inspector General, and for the

Immigration and Naturalization Service may be used for -

(i) the purchase of ammunition and firearms; and

(ii) participation in firearms competitions.

(C) Construction. - Funds available to the Attorney General

for construction may be used for expenses of planning,

designing, acquiring, building, constructing, activating,

renovating, converting, expanding, extending, remodeling,

equipping, repairing, or maintaining buildings or facilities,

including the expenses of acquisition of sites therefor, and

all necessary expenses incident or related thereto; but the

foregoing shall not be construed to mean that funds generally

available for salaries and expenses are not also available for

certain incidental or minor construction, activation,

remodeling, maintenance, and other related construction costs.

(3) Fees and expenses of witnesses. - Funds available to the

Attorney General for fees and expenses of witnesses may be used

for -

(A) expenses, mileage, compensation, protection, and per diem

in lieu of subsistence, of witnesses (including advances of

public money) and as authorized by section 1821 or other law,

except that no witness may be paid more than 1 attendance fee

for any 1 calendar day;

(B) fees and expenses of neutrals in alternative dispute

resolution proceedings, where the Department of Justice is a

party; and

(C) construction of protected witness safesites.

(4) Federal bureau of investigation. - Funds available to the

Attorney General for the Federal Bureau of Investigation for the

detection, investigation, and prosecution of crimes against the

United States may be used for the conduct of all its authorized

activities.

(5) Immigration and naturalization service. - Funds available

to the Attorney General for the Immigration and Naturalization

Service may be used for -

(A) acquisition of land as sites for enforcement fences, and

construction incident to such fences;

(B) cash advances to aliens for meals and lodging en route;

(C) refunds of maintenance bills, immigration fines, and

other items properly returnable, except deposits of aliens who

become public charges and deposits to secure payment of fines

and passage money; and

(D) expenses and allowances incurred in tracking lost

persons, as required by public exigencies, in aid of State or

local law enforcement agencies.

(6) Federal prison system. - Funds available to the Attorney

General for the Federal Prison System may be used for -

(A) inmate medical services and inmate legal services, within

the Federal prison system;

(B) the purchase and exchange of farm products and livestock;

(C) the acquisition of land as provided in section 4010 of

title 18; and

(D) the construction of buildings and facilities for penal

and correctional institutions (including prison camps), by

contract or force account, including the payment of United

States prisoners for their work performed in any such

construction;

except that no funds may be used to distribute or make available

to a prisoner any commercially published information or material

that is sexually explicit or features nudity.

(7) Detention trustee. - Funds available to the Attorney

General for the Detention Trustee may be used for all the

activities of such Trustee in the exercise of all power and

functions authorized by law relating to the detention of Federal

prisoners in non-Federal institutions or otherwise in the custody

of the United States Marshals Service and to the detention of

aliens in the custody of the Immigration and Naturalization

Service, including the overseeing of construction of detention

facilities or for housing related to such detention, the

management of funds appropriated to the Department for the

exercise of detention functions, and the direction of the United

States Marshals Service and Immigration Service with respect to

the exercise of detention policy setting and operations for the

Department of Justice.

(c) Related Provisions. -

(1) Limitation of compensation of individuals employed as

attorneys. - No funds available to the Attorney General may be

used to pay compensation for services provided by an individual

employed as an attorney (other than an individual employed to

provide services as a foreign attorney in special cases) unless

such individual is duly licensed and authorized to practice as an

attorney under the law of a State, a territory of the United

States, or the District of Columbia.

(2) Reimbursements paid to governmental entities. - Funds

available to the Attorney General that are paid as reimbursement

to a governmental unit of the Department of Justice, to another

Federal entity, or to a unit of State or local government, may be

used under authorities available to the unit or entity receiving

such reimbursement.

(d) Foreign Reimbursements. - Whenever the Department of Justice

or any component participates in a cooperative project to improve

law enforcement or national security operations or services with a

friendly foreign country on a cost-sharing basis, any

reimbursements or contributions received from that foreign country

to meet its share of the project may be credited to appropriate

current appropriations accounts of the Department of Justice or any

component. The amount of a reimbursement or contribution credited

shall be available only for payment of the share of the project

expenses allocated to the participating foreign country.

(e) Railroad Police Training Fees. - The Attorney General is

authorized to establish and collect a fee to defray the costs of

railroad police officers participating in a Federal Bureau of

Investigation law enforcement training program authorized by Public

Law 106-110, and to credit such fees to the appropriation account

"Federal Bureau of Investigation, Salaries and Expenses", to be

available until expended for salaries and expenses incurred in

providing such services.

(f) Warranty Work. - In instances where the Attorney General

determines that law enforcement-, security-, or mission-related

considerations mitigate against obtaining maintenance or repair

services from private sector entities for equipment under warranty,

the Attorney General is authorized to seek reimbursement from such

entities for warranty work performed at Department of Justice

facilities, and to credit any payment made for such work to any

appropriation charged therefor.

-SOURCE-

(Added Pub. L. 107-273, div. A, title II, Sec. 201(a), Nov. 2,

2002, 116 Stat. 1767.)

-REFTEXT-

REFERENCES IN TEXT

Section 102(b) of Public Law 102-395, referred to in subsec.

(a)(5), is section 102(b) of Pub. L. 102-395, title I, Oct. 6,

1992, 106 Stat. 1838, as amended, which is set out as a note under

section 533 of this title.

Section 815(d) of Public Law 104-132, referred to in subsec.

(a)(5), is section 815(d) of Pub. L. 104-132, title VIII, Apr. 24,

1996, 110 Stat. 1315, which is set out as a note under section 533

of this title.

Public Law 106-110, referred to in subsec. (e), is Pub. L.

106-110, Nov. 24, 1999, 113 Stat. 1497, which amended section 3771

of Title 42, The Public Health and Welfare.

-TRANS-

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF

FUNCTIONS

For abolition of Immigration and Naturalization Service, transfer

of functions, and treatment of related references, see note set out

under section 1551 of Title 8, Aliens and Nationality.

-End-

-CITE-

28 USC Sec. 530D 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-

Sec. 530D. Report on enforcement of laws

-STATUTE-

(a) Report. -

(1) In general. - The Attorney General shall submit to the

Congress a report of any instance in which the Attorney General

or any officer of the Department of Justice -

(A) establishes or implements a formal or informal policy to

refrain -

(i) from enforcing, applying, or administering any

provision of any Federal statute, rule, regulation, program,

policy, or other law whose enforcement, application, or

administration is within the responsibility of the Attorney

General or such officer on the grounds that such provision is

unconstitutional; or

(ii) within any judicial jurisdiction of or within the

United States, from adhering to, enforcing, applying, or

complying with, any standing rule of decision (binding upon

courts of, or inferior to those of, that jurisdiction)

established by a final decision of any court of, or superior

to those of, that jurisdiction, respecting the

interpretation, construction, or application of the

Constitution, any statute, rule, regulation, program, policy,

or other law whose enforcement, application, or

administration is within the responsibility of the Attorney

General or such officer;

(B) determines -

(i) to contest affirmatively, in any judicial,

administrative, or other proceeding, the constitutionality of

any provision of any Federal statute, rule, regulation,

program, policy, or other law; or

(ii) to refrain (on the grounds that the provision is

unconstitutional) from defending or asserting, in any

judicial, administrative, or other proceeding, the

constitutionality of any provision of any Federal statute,

rule, regulation, program, policy, or other law, or not to

appeal or request review of any judicial, administrative, or

other determination adversely affecting the constitutionality

of any such provision; or

(C) approves (other than in circumstances in which a report

is submitted to the Joint Committee on Taxation, pursuant to

section 6405 of the Internal Revenue Code of 1986) the

settlement or compromise (other than in bankruptcy) of any

claim, suit, or other action -

(i) against the United States (including any agency or

instrumentality thereof) for a sum that exceeds, or is likely

to exceed, $2,000,000, excluding prejudgment interest; or

(ii) by the United States (including any agency or

instrumentality thereof) pursuant to an agreement, consent

decree, or order (or pursuant to any modification of an

agreement, consent decree, or order) that provides injunctive

or other nonmonetary relief that exceeds, or is likely to

exceed, 3 years in duration: Provided, That for purposes of

this clause, the term "injunctive or other nonmonetary

relief" shall not be understood to include the following,

where the same are a matter of public record -

(I) debarments, suspensions, or other exclusions from

Government contracts or grants;

(II) mere reporting requirements or agreements (including

sanctions for failure to report);

(III) requirements or agreements merely to comply with

statutes or regulations;

(IV) requirements or agreements to surrender professional

licenses or to cease the practice of professions,

occupations, or industries;

(V) any criminal sentence or any requirements or

agreements to perform community service, to serve

probation, or to participate in supervised release from

detention, confinement, or prison; or

(VI) agreements to cooperate with the government in

investigations or prosecutions (whether or not the

agreement is a matter of public record).

(2) Submission of report to the congress. - For the purposes of

paragraph (1), a report shall be considered to be submitted to

the Congress if the report is submitted to -

(A) the majority leader and minority leader of the Senate;

(B) the Speaker, majority leader, and minority leader of the

House of Representatives;

(C) the chairman and ranking minority member of the Committee

on the Judiciary of the House of Representatives and the

chairman and ranking minority member of the Committee on the

Judiciary of the Senate; and

(D) the Senate Legal Counsel and the General Counsel of the

House of Representatives.

(b) Deadline. - A report shall be submitted -

(1) under subsection (a)(1)(A), not later than 30 days after

the establishment or implementation of each policy;

(2) under subsection (a)(1)(B), within such time as will

reasonably enable the House of Representatives and the Senate to

take action, separately or jointly, to intervene in timely

fashion in the proceeding, but in no event later than 30 days

after the making of each determination; and

(3) under subsection (a)(1)(C), not later than 30 days after

the conclusion of each fiscal-year quarter, with respect to all

approvals occurring in such quarter.

(c) Contents. - A report required by subsection (a) shall -

(1) specify the date of the establishment or implementation of

the policy described in subsection (a)(1)(A), of the making of

the determination described in subsection (a)(1)(B), or of each

approval described in subsection (a)(1)(C);

(2) include a complete and detailed statement of the relevant

issues and background (including a complete and detailed

statement of the reasons for the policy or determination, and the

identity of the officer responsible for establishing or

implementing such policy, making such determination, or approving

such settlement or compromise), except that -

(A) such details may be omitted as may be absolutely

necessary to prevent improper disclosure of national-security-

or classified information, of any information subject to the

deliberative-process-, executive-, attorney-work-product-, or

attorney-client privileges, or of any information the

disclosure of which is prohibited by section 6103 of the

Internal Revenue Code of 1986, or other law or any court order

if the fact of each such omission (and the precise ground or

grounds therefor) is clearly noted in the statement: Provided,

That this subparagraph shall not be construed to deny to the

Congress (including any House, Committee, or agency thereof)

any such omitted details (or related information) that it

lawfully may seek, subsequent to the submission of the report;

and

(B) the requirements of this paragraph shall be deemed

satisfied -

(i) in the case of an approval described in subsection

(a)(1)(C)(i), if an unredacted copy of the entire settlement

agreement and consent decree or order (if any) is provided,

along with a statement indicating the legal and factual basis

or bases for the settlement or compromise (if not apparent on

the face of documents provided); and

(ii) in the case of an approval described in subsection

(a)(1)(C)(ii), if an unredacted copy of the entire settlement

agreement and consent decree or order (if any) is provided,

along with a statement indicating the injunctive or other

nonmonetary relief (if not apparent on the face of documents

provided); and

(3) in the case of a determination described in subsection

(a)(1)(B) or an approval described in subsection (a)(1)(C),

indicate the nature, tribunal, identifying information, and

status of the proceeding, suit, or action.

(d) Declaration. - In the case of a determination described in

subsection (a)(1)(B), the representative of the United States

participating in the proceeding shall make a clear declaration in

the proceeding that any position expressed as to the

constitutionality of the provision involved is the position of the

executive branch of the Federal Government (or, as applicable, of

the President or of any executive agency or military department).

(e) Applicability to the President and to Executive Agencies and

Military Departments. - The reporting, declaration, and other

provisions of this section relating to the Attorney General and

other officers of the Department of Justice shall apply to the

President (but only with respect to the promulgation of any

unclassified Executive order or similar memorandum or order), to

the head of each executive agency or military department (as

defined, respectively, in sections 105 and 102 of title 5, United

States Code) that establishes or implements a policy described in

subsection (a)(1)(A) or is authorized to conduct litigation, and to

the officers of such executive agency.

-SOURCE-

(Added Pub. L. 107-273, div. A, title II, Sec. 202(a), Nov. 2,

2002, 116 Stat. 1771.)

-REFTEXT-

REFERENCES IN TEXT

Section 6405 of the Internal Revenue Code of 1986, referred to in

subsec. (a)(1)(C), is classified to section 6405 of Title 26,

Internal Revenue Code.

Section 6103 of the Internal Revenue Code of 1986, referred to in

subsec. (c)(2)(A), is classified to section 6103 of Title 26,

Internal Revenue Code.

-MISC1-

REPORT ON POLICIES AND DETERMINATIONS MADE PRIOR TO ENACTMENT OF

SECTION

Pub. L. 107-273, div. A, title II, Sec. 202(b)(3), (4), Nov. 2,

2002, 116 Stat. 1774, provided that:

"(3) Not later than 30 days after the date of the enactment of

this Act [Nov. 2, 2002], the President shall advise the head of

each executive agency or military department (as defined,

respectively, in sections 105 and 102 of title 5, United States

Code) of the enactment of this section [enacting this section and

amending sections 130f and 288k of Title 2, The Congress].

"(4)(A) Not later than 90 days after the date of the enactment of

this Act [Nov. 2, 2002], the Attorney General (and, as applicable,

the President, and the head of any executive agency or military

department described in subsection (e) of section 530D of title 28,

United States Code, as added by subsection (a)) shall submit to

Congress a report (in accordance with subsections (a), (c), and (e)

of such section) on -

"(i) all policies of which the Attorney General and applicable

official are aware described in subsection (a)(1)(A) of such

section that were established or implemented before the date of

the enactment of this Act and were in effect on such date; and

"(ii) all determinations of which the Attorney General and

applicable official are aware described in subsection (a)(1)(B)

of such section that were made before the date of the enactment

of this Act and were in effect on such date.

"(B) If a determination described in subparagraph (A)(ii) relates

to any judicial, administrative, or other proceeding that is

pending in the 90-day period beginning on the date of the enactment

of this Act [Nov. 2, 2002], with respect to any such determination,

then the report required by this paragraph shall be submitted

within such time as will reasonably enable the House of

Representatives and the Senate to take action, separately or

jointly, to intervene in timely fashion in the proceeding, but not

later than 30 days after the date of the enactment of this Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 288k.

-End-