Legislación
US (United States) Code. Title 28. Chapter 31: The Attorney General
-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.
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28 USC Sec. 501 01/06/03
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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
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Derivation U.S. Code Revised Statutes and
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5 U.S.C. 291 R.S. Sec. 346 (less last 10
(less last 10 words).
words).
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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."
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28 USC Sec. 502 01/06/03
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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
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5 U.S.C. 292. R.S. Sec. 353.
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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-
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28 USC Sec. 503 01/06/03
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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
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5 U.S.C. 291 R.S. Sec. 346 (last 10 words).
(last 10 words).
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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."
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28 USC Sec. 504 01/06/03
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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.)
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HISTORICAL AND REVISION NOTES
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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.
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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-
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28 USC Sec. 504a 01/06/03
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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-
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28 USC Sec. 505 01/06/03
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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
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5 U.S.C. 293. R.S. Sec. 347 (less last
sentence).
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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-
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28 USC Sec. 506 01/06/03
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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.)
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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.
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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.
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28 USC Sec. 507 01/06/03
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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.)
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[Uncodified]. 1950 Reorg. Plan No. 2, Sec. 5
eff. May 24, 1950, 64 Stat. 1261.
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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-
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28 USC Sec. 508 01/06/03
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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-
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[Uncodified]. R.S. Sec. 347 (last sentence).
1953 Reorg. Plan No. 4, Sec. 1,
eff. June 20, 1953, 67 Stat. 636.
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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-
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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.)
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[Uncodified]. 1950 Reorg. Plan No. 2, Sec. 1,
eff. May 24, 1950, 64 Stat. 1261.
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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
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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
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28 U.S.C. [None].
507(b).
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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
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Statutes at Large
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5 U.S.C. 91. R.S. Sec. 188.
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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
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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
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Statutes at Large
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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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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