PART II—DEPARTMENT OF JUSTICE
Editorial Notes
Amendments
2006—
2002—
1986—
1983—
1978—
1966—
1 So in original. Probably should be section "599A".
CHAPTER 31 —THE ATTORNEY GENERAL
Editorial Notes
Amendments
2009—
2006—
2002—
1998—
1992—
1988—
1983—
1982—
1978—
1977—
1975—
1966—
1 So in original. Does not conform to section catchline.
§501. Executive department
The Department of Justice is an executive department of the United States at the seat of Government.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §346 (less last 10 words). |
The words "There shall be", referring to the establishment of the Department, are omitted as executed.
Editorial Notes
Prior Provisions
A prior section 501, acts June 25, 1948, ch. 646,
Statutory Notes and Related Subsidiaries
Servicemembers and Veterans Initiative
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Servicemembers and Veterans Initiative Act of 2020'.
"SEC. 2. SERVICEMEMBERS AND VETERANS INITIATIVE.
"(a)
"(b)
"(1) serve as legal and policy advisor to the Attorney General on the Department of Justice's efforts to enforce criminal and civil laws that impact servicemembers, veterans, and their families;
"(2) develop policy recommendations for the Attorney General on how the Department of Justice may improve enforcement of Federal law to support servicemembers, veterans, and their families;
"(3) serve as the liaison and point of contact between the Department of Justice and the military departments;
"(4) provide counsel to the Assistant Attorney General for the Office of Justice Programs to ensure funding decisions take into account servicemembers, veterans, and their families;
"(5) consult with components of the Department of Justice to promote the provision of civil legal aid to servicemembers, veterans, and their families;
"(6) serve as a liaison and point of contact with the Consumer Protection Branch of the Civil Division of the Department of Justice, with respect to the prosecution of Federal crimes involving fraud that target servicemembers; and
"(7) serve as a liaison and point of contact with other components of the Department of Justice as needed to support the enforcement of other Federal laws that protect servicemembers and veterans, as the Attorney General determines appropriate."
Office of Justice for Victims of Overseas Terrorism
Specific Authorization of Appropriations Required for Department of Justice
§502. Seal
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.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §353. |
The section is rewritten to conform to other statutes authorizing departmental seals. The words "The seal heretofore provided for the office of the Attorney General shall be" are omitted as obsolete.
Editorial Notes
Prior Provisions
A prior section 502, act June 25, 1948, ch. 646,
§503. Attorney General
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.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §346 (last 10 words). |
The words "The President shall appoint, by and with the advice and consent of the Senate" have been added to conform the section with the Constitution. See article II, section 2, clause 2.
Editorial Notes
Prior Provisions
A prior section 503, act June 25, 1948, ch. 646,
Statutory Notes and Related Subsidiaries
Actions Challenging Appointment of Attorney General on Grounds of Violation of Constitutional Provisions Governing Compensation and Other Emoluments
"(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
"(c) Any judge designated to hear any action brought under this section shall cause such action to be in every way expedited."
§504. Deputy Attorney General
The President may appoint, by and with the advice and consent of the Senate, a Deputy Attorney General.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Mar. 3, 1903, ch. 1006, §1 (so much of 2d par. under "Department of Justice" as provides for appointment, pay, and duties of an assistant to the Attorney General), |
||
| [Uncodified]. | 1950 Reorg. Plan No. 2, §3, eff. May 24, 1950, |
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 §303(c) of the Act of Aug. 14, 1964,
Editorial Notes
Prior Provisions
A prior section 504, acts June 25, 1948, ch. 646,
Amendments
2002—
2001—
Statutory Notes and Related Subsidiaries
Position Relating to Combating Domestic Terrorism
§504a. Associate Attorney General
The President may appoint, by and with the advice and consent of the Senate, an Associate Attorney General.
(Added
§505. Solicitor General
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.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §347 (less last sentence). |
So much of R.S. §347 as relates to the pay of the Solicitor General is omitted as superseded by §303(c) of the Act of Aug. 14, 1964,
Editorial Notes
Prior Provisions
A prior section 505, act June 25, 1948, ch. 646,
§506. Assistant Attorneys General
The President shall appoint, by and with the advice and consent of the Senate, 11 Assistant Attorneys General, who shall assist the Attorney General in the performance of his duties.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §348. | ||
| July 11, 1890, ch. 667, §1 (words between 3d and 4th semicolons under "Department of Justice"), |
||
| Mar. 3, 1903, ch. 1006, §1 (so much of 2d par. under "Department of Justice" as provides for appointment, pay, and duties of an additional Assistant Attorney General), |
||
| July 16, 1914, ch. 141, §1 (words between 3d and 4th semicolons under "Department of Justice"), |
||
| Mar. 4, 1915, ch. 141, §1 (words between 3d and 4th semicolons under "Department of Justice"), |
||
| June 16, 1933, ch. 101, §16(b), |
||
| Mar. 2, 1943, ch. 7, |
||
| [Uncodified]. | 1950 Reorg. Plan No. 2, §4, eff. May 24, 1950, |
|
| [Uncodified]. | 1953 Reorg. Plan No. 4, §2, eff. June 20, 1953. |
|
| Sept. 9, 1957, |
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, §6,
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
The reference in former
Provisions of 1950 Reorg. Plan No. 2, §4, and 1953 Reorg. Plan No. 4, §2, abolishing positions and transferring incumbents are omitted as executed.
Provisions relating to pay of Assistant Attorneys General are omitted as superseded by §303(d) of the Act of August 14, 1964,
Editorial Notes
Prior Provisions
A prior section 506, act June 25, 1948, ch. 646,
Amendments
2006—
1978—
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Amendment by
§507. Assistant Attorney General for Administration
(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
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| [Uncodified]. | 1950 Reorg. Plan No. 2, §5 eff. May 24, 1950, |
The title of the position was changed to "Assistant Attorney General for Administration" by §307 of the Act of Aug. 14, 1964,
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
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, §1101 (3d proviso),
Editorial Notes
Prior Provisions
A prior section 507, acts June 25, 1948, ch. 646,
Amendments
1999—Subsec. (c).
§507A. Assistant Attorney General for National Security
(a) Of the Assistant Attorneys General appointed under section 506, one shall serve, upon the designation of the President, as the Assistant Attorney General for National Security.
(b) The Assistant Attorney General for National Security shall—
(1) serve as the head of the National Security Division of the Department of Justice under
(2) serve as primary liaison to the Director of National Intelligence for the Department of Justice; and
(3) perform such other duties as the Attorney General may prescribe.
(Added
§508. Vacancies
(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
(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.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| [Uncodified]. | R.S. §347 (last sentence). | |
| 1953 Reorg. Plan No. 4, §1, eff. June 20, 1953, |
The last sentence of R.S. §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.
Editorial Notes
Prior Provisions
A prior section 508, acts June 25, 1948, ch. 646,
Amendments
1977—Subsec. (b).
§509. Functions of the Attorney General
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
(2) of the Federal Prison Industries, Inc.; and
(3) of the Board of Directors and officers of the Federal Prison Industries, Inc.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| [Uncodified]. | 1950 Reorg. Plan No. 2, §1, eff. May 24, 1950, |
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
Editorial Notes
Prior Provisions
A prior section 509, act June 25, 1948, ch. 646,
Amendments
2002—Par. (3).
1984—
1978—Par. (1).
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Short Title of 2016 Amendment
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 former section 313(4) and
Prohibition on Firearms or Ammunition Transfers to Agents of Drug Cartels
Unsolved Civil Rights Crimes
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Emmett Till Unsolved Civil Rights Crime Act of 2007'.
"SEC. 2. SENSE OF CONGRESS.
"It is the sense of Congress that all authorities with jurisdiction, including the Federal Bureau of Investigation and other entities within the Department of Justice, should—
"(1) expeditiously investigate unsolved civil rights murders, due to the amount of time that has passed since the murders and the age of potential witnesses;
"(2) provide all the resources necessary to ensure timely and thorough investigations in the cases involved;
"(3) meet regularly with eligible entities to coordinate the sharing of information and to discuss the status of the Department's work under this Act;
"(4) support the full accounting of all victims whose deaths or disappearances were the result of racially motivated crimes;
"(5) hold accountable under Federal and State law all individuals who were perpetrators of, or accomplices in, unsolved civil rights murders and such disappearances;
"(6) express the condolences of the authority to the communities affected by unsolved civil rights murders, and to the families of the victims of such murders and such disappearances;
"(7) keep families regularly informed about the status of the investigations of such murders and such disappearances of their loved ones; and
"(8) expeditiously comply with requests for information received pursuant to
"SEC. 3. DEPUTY CHIEF OF THE CRIMINAL SECTION OF THE CIVIL RIGHTS DIVISION.
"(a)
"(b)
"(1)
"(2)
"(3)
"(4)
"(A)
"(B)
"(c)
"(1)
"(A) the number of open investigations within the Department for violations of criminal civil rights statutes that occurred not later than December 31, 1979;
"(B) the number of new cases opened pursuant to this Act since the previous year's study;
"(C) the number of unsealed Federal cases charged within the study period, including the case names, the jurisdiction in which the charges were brought, and the date the charges were filed;
"(D) the number of cases referred by the Department to a State or local law enforcement agency or prosecutor within the study period, the number of such cases that resulted in State charges being filed, the jurisdiction in which such charges were filed, the date the charges were filed, and if a jurisdiction declines to prosecute or participate in an investigation of a case so referred, the fact it did so;
"(E) the number of cases within the study period that were closed without Federal prosecution, the case names of unsealed Federal cases, the dates the cases were closed, and the relevant federal statutes;
"(F) the number of attorneys who worked, in whole or in part, on any case described in subsection (b)(1);
"(G) the applications submitted for grants under section 5, the award of such grants, and the purposes for which the grant amount were expended; and
"(H) the number of cases referred by an eligible entity or a State or local law enforcement agency or prosecutor to the Department within the study period, the number of such cases that resulted in Federal charges being filed, the date the charges were filed, and if the Department declines to prosecute or participate in an investigation of a case so referred, the fact that it did so, and the outreach, collaboration, and support for investigations and prosecutions of violations of criminal civil rights statutes described in section 2(3), including murders and including disappearances described in section 2(4), within Federal, State, and local jurisdictions.
"(2)
"SEC. 4. SUPERVISORY SPECIAL AGENT IN THE CIVIL RIGHTS UNIT OF THE FEDERAL BUREAU OF INVESTIGATION.
"(a)
"(b)
"(1)
"(2)
"SEC. 5. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT.
"(a)
"(b)
"SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
"(a)
"(b)
"SEC. 7. DEFINITIONS.
"In this Act:
"(1)
"(A)
"(B)
"(C)
"(D)
"(E) section 901 of the Fair Housing Act (
"(F) any other Federal law that—
"(i) was in effect on or before December 31, 1969; and
"(ii) the Criminal Section of the Civil Rights Division of the Department of Justice enforced, before the date of enactment of this Act [Oct. 7, 2008].
"(2)
"[SEC. 8. Repealed. Pub. L. 114–325, §2(7), Dec. 16, 2016, 130 Stat. 1967 .]
"SEC. 9. AUTHORITY OF INSPECTORS GENERAL.
"[Enacted
Organized Retail Theft
United States-Mexico Border Violence Task Force
Privacy Officer
"(a)
"(b)
"(1) appropriate privacy protections, relating to the collection, storage, use, disclosure, and security of personally identifiable information, with respect to the Department's existing or proposed information technology and information systems;
"(2) privacy implications of legislative and regulatory proposals affecting the Department and involving the collection, storage, use, disclosure, and security of personally identifiable information;
"(3) implementation of policies and procedures, including appropriate training and auditing, to ensure the Department's compliance with privacy-related laws and policies, including
"(4) ensuring that adequate resources and staff are devoted to meeting the Department's privacy-related functions and obligations;
"(5) appropriate notifications regarding the Department's privacy policies and privacy-related inquiry and complaint procedures; and
"(6) privacy-related reports from the Department to Congress and the President.
"(c)
"(d)
Report to Congress on Status of United States Persons or Residents Detained on Suspicion of Terrorism
"(1) specify the number of persons or residents so detained; and
"(2) specify the standards developed by the Department of Justice for recommending or determining that a person should be tried as a criminal defendant or should be designated as an enemy combatant."
Federal Bureau of Investigation Use of Translators
"(1) the number of translators employed, or contracted for, by the Federal Bureau of Investigation or other components of the Department of Justice;
"(2) any legal or practical impediments to using translators employed by Federal, State, or local agencies on a full-time, part-time, or shared basis;
"(3) the needs of the Federal Bureau of Investigation for specific translation services in certain languages, and recommendations for meeting those needs;
"(4) the status of any automated statistical reporting system, including implementation and future viability;
"(5) the storage capabilities of the digital collection system or systems utilized;
"(6) a description of the establishment and compliance with audio retention policies that satisfy the investigative and intelligence goals of the Federal Bureau of Investigation; and
"(7) a description of the implementation of quality control procedures and mechanisms for monitoring compliance with quality control procedures."
Authorization for Additional Assistant United States Attorneys for Project Safe Neighborhoods
Development and Support of Cybersecurity Forensic Capabilities
Training of Government Officials Regarding Identification and Use of Foreign Intelligence
"(a)
"(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)
"(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)
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
First Responders Assistance Act
"(a)
"(b)
"(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)
"(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)
"(1)
"(2)
"(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)
"(f)
Reimbursement of Employees Traveling on Behalf of United States in Temporary Duty Status
Overseas Law Enforcement Training Activities
Reimbursement by Other Government Agencies of Department of Justice Salaries and Expenses in High-Cost Litigation
Neighborhood Revitalization
Procurement of Expert Witnesses Without Regard to Competitive Procurement Procedures
Structural Reforms To Improve Federal Response to Crimes Affecting Financial Institutions
"SEC. 2536. ESTABLISHMENT OF FINANCIAL INSTITUTIONS CRIME UNIT AND OFFICE OF SPECIAL COUNSEL FOR FINANCIAL INSTITUTIONS CRIME UNIT.
"(a)
"(b)
"(c)
"SEC. 2537. APPOINTMENT RESPONSIBILITIES AND COMPENSATION OF THE SPECIAL COUNSEL.
"(a)
"(b)
"(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
"(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)
"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."
[Section 2539 of
[
Authorization of Appropriations for Humanitarian Expenses Incurred by Federal Bureau of Investigation and Drug Enforcement Administration
Investigation of Financial Institutions; Assistance of Government Personnel
"(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
Processing of Name Checks and Background Records for Noncriminal Employment, Licensing, and Humanitarian Purposes
Expenses of Legal Defense for Federal Government Employees Performing Official Duties; Fees and Expenses of Witnesses
Uniforms and Allowances
[
[For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under
Justice Department Organized Crime and Drug Enforcement Enhancement
"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)
"(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)
"SEC. 1054. CIVIL ENFORCEMENT ENHANCEMENT.
"(a)
"(b)
"(c)
"(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)
"SEC. 1055. EXPENSES OF TASK FORCES.
"(a)
"(b)
"(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
Impact Analysis of Additional Resources to Certain Components of Federal Criminal Justice System; Study by Comptroller General and Report to Congress
"(a)
"(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)
Federal Environmental or Natural Resource Laws; Investigations Respecting, Etc.
Positions in Drug Enforcement Administration; Grades Excepted From Competitive Service; Vacancies; Removal, Suspension, or Reduction in Rank or Pay; Rate of Pay
"(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
"(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
"(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
[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, §101(c)(1)] of
Executive Documents
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
REORGANIZATION PLAN NO. 1 OF 1968
Eff. Apr. 8, 1968, 33 F.R. 5611,
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
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 (
(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, §3, 38 F.R. 15932,
(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 (
[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, §101(c)(1)] of
Sec. 4. Abolition
The Bureau of Narcotics in the Department of the Treasury, including the office of Commissioner of Narcotics (
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
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
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.
REORGANIZATION PLAN NO. 2 OF 1973
Effective July 1, 1973, 38 F.R. 15932,
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
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.
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 (
(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 (
(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
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
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
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.
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, §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:
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.
Executive Order No. 13271
Ex. Ord. No. 13271, July 9, 2002, 67 F.R. 46091, as amended by Ex. Ord. No. 13286, §3, Feb. 28, 2003, 68 F.R. 10619, which established within the Department of Justice a Corporate Fraud Task Force, was terminated by Ex. Ord. No. 13519, §7(b), Nov. 17, 2009, 74 F.R. 60125, formerly set out below.
Ex. Ord. No. 13402. Strengthening Federal Efforts To Protect Against Identity Theft
Ex. Ord. No. 13402, May 10, 2006, 71 F.R. 27945, as amended by Ex. Ord. No. 13414, Nov. 3, 2006, 71 F.R. 65365, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to strengthen efforts to protect against identity theft, it is hereby ordered as follows:
(a) increased aggressive law enforcement actions designed to prevent, investigate, and prosecute identity theft crimes, recover the proceeds of such crimes, and ensure just and effective punishment of those who perpetrate identity theft;
(b) improved public outreach by the Federal Government to better (i) educate the public about identity theft and protective measures against identity theft, and (ii) address how the private sector can take appropriate steps to protect personal data and educate the public about identity theft; and
(c) increased safeguards that Federal departments, agencies, and instrumentalities can implement to better secure government-held personal data.
(a) There is hereby established the Identity Theft Task Force.
(b) The Task Force shall consist exclusively of:
(i) the Attorney General, who shall serve as Chairman of the Task Force;
(ii) the Chairman of the Federal Trade Commission, who shall serve as Co-Chairman of the Task Force;
(iii) the Secretary of the Treasury;
(iv) the Secretary of Commerce;
(v) the Secretary of Health and Human Services;
(vi) the Secretary of Veterans Affairs;
(vii) the Secretary of Homeland Security;
(viii) the Director of the Office of Management and Budget;
(ix) the Commissioner of Social Security;
(x) the following officers of the United States:
(A) the Chairman of the Board of Governors of the Federal Reserve System;
(B) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation;
(C) the Comptroller of the Currency;
(D) the Director of the Office of Thrift Supervision;
(E) the Chairman of the National Credit Union Administration Board; and
(F) the Postmaster General; and
(xi) such other officers of the United States as the Attorney General may designate from time to time, with the concurrence of the respective heads of departments and agencies concerned.
(c) The Chairman and Co-Chairman shall convene and preside at the meetings of the Task Force, determine its agenda, direct its work and, as appropriate, establish and direct subgroups of the Task Force that shall consist exclusively of members of the Task Force. Such subgroups may address particular subject matters, such as criminal law enforcement or private sector education and outreach. The Chairman and Co-Chairman may also designate, with the concurrence of the head of department, agency, or instrumentality of which the official is part, such other Federal officials as they deem appropriate for participation in the Task Force subgroups.
(d) A member of the Task Force, including the Chairman and Co-Chairman, may designate, to perform the Task Force or Task Force subgroup functions of the member, any person who is a part of the member's department, agency, or instrumentality and who has high-level policy or operational duties or responsibilities related to the mission of the Task Force.
(a) review the activities of executive branch departments, agencies, and instrumentalities relating to the policy set forth in section 1, and building upon these prior activities, prepare and submit in writing to the President by February 9, 2007, or as soon as practicable thereafter as the Chairman and Co-Chairman shall determine, a coordinated strategic plan to further improve the effectiveness and efficiency of the Federal Government's activities in the areas of identity theft awareness, prevention, detection, and prosecution.
(b) coordinate, as appropriate and subject to section 5(a) of this order, Federal Government efforts related to implementation of the policy set forth in section 1 of this order;
(c) obtain information and advice relating to the policy set forth in section 1 from representatives of State, local, and tribal governments, private sector entities, and individuals, in a manner that seeks their individual advice and does not involve collective judgment or consensus advice and deliberation and without giving any such person a vote or a veto over the activities or advice of the Task Force;
(d) promote enhanced cooperation by Federal departments and agencies with State and local authorities responsible for the prevention, investigation, and prosecution of significant identity theft crimes, including through avoiding unnecessary duplication of effort and expenditure of resources; and
(e) provide advice on the establishment, execution, and efficiency of policies and activities to implement the policy set forth in section 1:
(i) to the President in written reports from time to time, including recommendations for administrative action or proposals for legislation; and
(ii) to the heads of departments, agencies, and instrumentalities as appropriate from time to time within the discretion of the Chairman and the Co-Chairman.
(b) The Task Force shall be located in the Department of Justice for administrative purposes, and to the extent permitted by law, the Department of Justice shall provide the funding and administrative support the Task Force needs to implement this order, as determined by the Attorney General.
(i) authority granted by law to an executive department, agency, or instrumentality or the head thereof; and
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person.
George W. Bush.
Executive Order No. 13519
Ex. Ord. No. 13519, Nov. 17, 2009, 74 F.R. 60123, which established the Financial Fraud Enforcement Task Force, was revoked by Ex. Ord. No. 13844, §5(b), July 11, 2018, 83 F.R. 33116, set out below.
Executive Order No. 13774
Ex. Ord. No. 13774, Feb. 9, 2017, 82 F.R. 10695, which sets forth executive policy on the prevention of violence against Federal, State, tribal, and local law enforcement officers, was editorially reclassified as a note preceding
Executive Order No. 13776
Ex. Ord. No. 13776, Feb. 9, 2017, 82 F.R. 10699, which directs the Attorney General to establish a Task Force on Crime Reduction and Public Safety, was editorially reclassified as a note preceding
Ex. Ord. No. 13844. Establishment of the Task Force on Market Integrity and Consumer Fraud
Ex. Ord. No. 13844, July 11, 2018, 83 F.R. 33115, 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, local, and tribal agencies to investigate and prosecute crimes of fraud committed against the U.S. Government or the American people, recover the proceeds of such crimes, and ensure just and effective punishment of those who perpetrate crimes of fraud, it is hereby ordered as follows:
(i) the Deputy Attorney General, who shall serve as the Chair;
(ii) the Associate Attorney General, who shall serve as the Vice Chair;
(iii) the Assistant Attorney General (Criminal Division);
(iv) the Assistant Attorney General (Civil Division);
(v) the Assistant Attorney General (Tax Division);
(vi) the Assistant Attorney General (Antitrust Division);
(vii) the Director of the Federal Bureau of Investigation;
(viii) United States Attorneys designated by the Attorney General; and
(ix) such other officers or employees of the Department of Justice as the Attorney General may from time to time designate.
(b) The Deputy Attorney General shall convene and direct the work of the Task Force in fulfilling its functions under this order. The Deputy Attorney General may permit, when appropriate, the designee of a member of the Task Force, including participants invited under section 3 of this order, to participate in lieu of the member or participant. The Deputy Attorney General shall convene the Task Force at such times as the Deputy Attorney General deems appropriate.
(a) the Secretary of the Treasury;
(b) the Secretary of Defense;
(c) the Secretary of Health and Human Services;
(d) the Secretary of Housing and Urban Development;
(e) the Secretary of Energy;
(f) the Secretary of Education;
(g) the Secretary of Veterans Affairs;
(h) the Secretary of Homeland Security;
(i) the Administrator of the Small Business Administration;
(j) the Chairman of the Board of Governors of the Federal Reserve System;
(k) the Commissioner of Social Security;
(l) the Administrator of the United States Agency for International Development;
(m) the Director of the Bureau of Consumer Financial Protection;
(n) the Chairman of the Federal Trade Commission;
(o) the Chairman of the Securities and Exchange Commission;
(p) the Administrator of General Services;
(q) the Chairman of the National Credit Union Administration;
(r) the Chairman of the Commodity Futures Trading Commission;
(s) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation;
(t) the Director of the Federal Housing Finance Agency;
(u) the Comptroller of the Currency; and
(v) the Chief Postal Inspector for the Postal Inspection Service.
(a) provide guidance for the investigation and prosecution of cases involving fraud on the government, the financial markets, and consumers, including cyber-fraud and other fraud targeting the elderly, service members and veterans, and other members of the public; procurement and grant fraud; securities and commodities fraud, as well as other corporate fraud, with particular attention to fraud affecting the general public; digital currency fraud; money laundering, including the recovery of proceeds; health care fraud; tax fraud; and other financial crimes;
(b) provide recommendations to the Attorney General on fraud enforcement initiatives across the Department of Justice and on any matters the Task Force determines from time to time to be important in the investigation and prosecution of fraud and other financial crimes; and
(c) make recommendations to the President, through the Attorney General for:
(i) action to enhance cooperation among agencies in the investigation and prosecution of fraud and other financial crimes;
(ii) action to enhance cooperation among Federal, State, local, and tribal authorities in connection with the detection, investigation, and prosecution of fraud and other financial crimes; and
(iii) changes in rules, regulations, or policy, or recommendations to the Congress regarding legislative measures, to improve the effective investigation and prosecution of fraud and other financial crimes.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This Task Force shall replace the Financial Fraud Enforcement Task Force created by Executive Order 13519 of November 17, 2009 [formerly set out above] (Establishment of the Financial Fraud Enforcement Task Force). The Financial Fraud Enforcement Task Force is hereby terminated pursuant to section 8 of Executive Order 13519 and that order is hereby revoked.
(c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
Restoring the Department of Justice's Access-to-Justice Function and Reinvigorating the White House Legal Aid Interagency Roundtable
Memorandum of President of the United States, May 18, 2021, 86 F.R. 27793, provided:
Memorandum for the Heads of Executive Departments and Agencies
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to increase meaningful access to our legal system and an array of Federal programs, it is hereby ordered as follows:
Recognizing the importance of access to justice and the power of legal aid, the Department of Justice (DOJ) in 2010 launched an access-to-justice initiative. In 2016, DOJ formally established the Office for Access to Justice. This office worked in partnership with other DOJ components to coordinate policy initiatives on topics including criminal indigent defense, enforcement of fines and fees, language barriers in access to the courts, and civil legal aid. The DOJ and the White House Domestic Policy Council also launched the Legal Aid Interagency Roundtable (LAIR) in 2012 to work with civil legal aid partners to advance Federal programs; create and disseminate tools to provide information about civil legal aid and Federal funding opportunities; and generate research to inform policy that improves access to justice.
The LAIR's successes prompted President Obama to issue the memorandum of September 24, 2015 (Establishment of the White House Legal Aid Interagency Roundtable), which formally established LAIR as a White House initiative. Using the White House's convening power, LAIR examined innovative and evidence-based solutions for access to justice, from medical-legal partnerships to improve health outcomes and decrease health costs to better procedures in court hearings for individuals representing themselves.
But there is much more for the Federal Government to do. According to a 2017 study by the Legal Services Corporation, low-income Americans receive inadequate or no professional legal assistance with regard to over 80 percent of the civil legal problems they face in a given year. All too often, unaddressed legal issues push people into poverty. At the same time, in the criminal legal system, those who cannot afford private counsel often receive a lower-quality defense because public defender caseloads are overburdened.
The coronavirus disease 2019 (COVID–19) pandemic has further exposed and exacerbated inequities in our justice system, as courts and legal service providers have been forced to curtail in-person operations, often without the resources or technology to offer remote-access or other safe alternatives. These access limitations have compounded the effects of other harms wrought by the pandemic. These problems have touched the lives of many persons in this country, particularly low-income people and people of color.
With these immense and urgent challenges comes the opportunity to strengthen access to justice in the 21st century. Through funding, interagency collaboration, and strategic partnerships, the Federal Government can drive development of new approaches and best practices that provide meaningful access to justice today, and into the future, consistent with our foundational ideal of equal justice under the law.
(b) The Attorney General shall consider expanding DOJ's planning, development, and coordination of access-to-justice policy initiatives, including in the areas of criminal indigent defense, civil legal aid, and pro bono legal services. As soon as practicable, and no later than 120 days from the date of this memorandum [May 18, 2021], the Attorney General shall—in coordination with the Director of the Office of Management and Budget—submit a report to the President describing the Department's plan to expand its access-to-justice function, including the organizational placement of this function within the Department, expected staffing and budget, and, if necessary, the timeline for notifying the Congress of any reorganization.
Accordingly, I direct as follows:
(a) The LAIR is hereby reconvened as a White House initiative in furtherance of the vision set forth in the memorandum of September 24, 2015, by which it was established and in light of today's most pressing challenges. The September 2015 memorandum is superseded to the extent that it is inconsistent with this memorandum.
(b) The LAIR shall work across executive departments, agencies, and offices to fulfill its mission, including to:
(i) improve coordination among Federal programs, so that programs are more efficient and produce better outcomes by including, where appropriate, legal services among the range of supportive services provided;
(ii) increase the availability of meaningful access to justice for individuals and families, regardless of wealth or status;
(iii) develop policy recommendations that improve access to justice in Federal, State, local, Tribal, and international jurisdictions;
(iv) assist the United States with implementation of Goal 16 of the United Nation's 2030 Agenda for Sustainable Development to promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels; and
(v) advance relevant evidence-based research, data collection, and analysis of civil legal aid and indigent defense, and promulgate best practices.
(c) The Attorney General and the Counsel to the President, or their designees, shall serve as the Co-Chairs of LAIR, which shall also include a representative or designee from each of the following executive departments, agencies, and offices:
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Defense;
(iv) the Department of Justice;
(v) the Department of the Interior;
(vi) the Department of Agriculture;
(vii) the Department of Labor;
(viii) the Department of Health and Human Services;
(ix) the Department of Housing and Urban Development;
(x) the Department of Transportation;
(xi) the Department of Education;
(xii) the Department of Veterans Affairs;
(xiii) the Department of Homeland Security;
(xiv) the Environmental Protection Agency;
(xv) the Equal Employment Opportunity Commission;
(xvi) the Corporation for National and Community Service;
(xvii) the Office of Management and Budget;
(xviii) the United States Agency for International Development;
(xix) the Administrative Conference of the United States;
(xx) the National Science Foundation;
(xxi) the United States Digital Service;
(xxii) the Domestic Policy Council;
(xxiii) the Office of the Vice President; and
(xxiv) such other executive departments, agencies, and offices as the Co-Chairs may, from time to time, invite to participate.
(d) The Co-Chairs shall invite the participation of the Bureau of Consumer Financial Protection, the Federal Communications Commission, the Federal Trade Commission, the Legal Services Corporation, and the Social Security Administration, to the extent consistent with their respective statutory authorities and legal obligations.
(e) The LAIR shall report annually to the President on its progress in fulfilling its mission. The report shall include data from participating members on the deployment of Federal resources to foster this mission. The LAIR's 2021 report shall be due no later than 120 days from the date of this memorandum.
(f) In light of the mission and function set forth in section 3(b) of this memorandum, LAIR shall focus its first annual report on the impact of the COVID–19 pandemic on access to justice in both the criminal and civil legal systems. Moreover, the first convening of LAIR shall, at a minimum, address access-to-justice challenges the pandemic has raised and work towards identifying technological and other solutions that both meet these challenges and fortify the justice system's capacity to serve the public and be inclusive of all communities.
(g) The Attorney General shall designate an Executive Director of LAIR who shall, as directed by the Co-Chairs, convene regular meetings of LAIR and supervise its work. The DOJ staff designated to support the Department's access-to-justice function under section 2 of this memorandum shall serve as the staff of LAIR.
(h) The DOJ shall, to the extent permitted by law and subject to the availability of appropriations, provide administrative services, funds, facilities, staff, equipment, and other support services as may be necessary for LAIR to carry out its mission.
(i) The LAIR shall hold meetings at least three times per year. In the course of its work, LAIR should conduct outreach to Federal, State, local, Tribal, and international officials, technical advisors, and nongovernmental organizations, among others, as necessary to carry out its mission (including public defender organizations and offices and legal aid organizations and providers).
(j) The LAIR members are encouraged to provide support, including by detailing personnel, to LAIR. Members of LAIR shall serve without any additional compensation for their work.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) Independent agencies are strongly encouraged to comply with the provisions in this memorandum.
(d) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(e) The Attorney General is authorized and directed to publish this memorandum in the Federal Register.
J.R. Biden, Jr.
§509A. National Security Division
(a) There is a National Security Division of the Department of Justice.
(b) The National Security Division shall consist of the elements of the Department of Justice (other than the Federal Bureau of Investigation) engaged primarily in support of the intelligence and intelligence-related activities of the United States Government, including the following:
(1) The Assistant Attorney General designated as the Assistant Attorney General for National Security under
(2) The Office of Intelligence Policy and Review (or any successor organization).
(3) The counterterrorism section (or any successor organization).
(4) The counterespionage section (or any successor organization).
(5) Any other element, component, or office designated by the Attorney General.
(Added
§509B. Section to enforce human rights laws
(a) Not later than 90 days after the date of the enactment of the Human Rights Enforcement Act of 2009, the Attorney General shall establish a section within the Criminal Division of the Department of Justice with responsibility for the enforcement of laws against suspected participants in serious human rights offenses.
(b) The section established under subsection (a) is authorized to—
(1) take appropriate legal action against individuals suspected of participating in serious human rights offenses; and
(2) coordinate any such legal action with the United States Attorney for the relevant jurisdiction.
(c) The Attorney General shall, as appropriate, consult with the Secretary of Homeland Security and the Secretary of State.
(d) In determining the appropriate legal action to take against individuals who are suspected of committing serious human rights offenses under Federal law, the section shall take into consideration the availability of criminal prosecution under the laws of the United States for such offenses or in a foreign jurisdiction that is prepared to undertake a prosecution for the conduct that forms the basis for such offenses.
(e) The term "serious human rights offenses" includes violations of Federal criminal laws relating to genocide, torture, war crimes, and the use or recruitment of child soldiers under
(Added
Editorial Notes
References in Text
The date of the enactment of the Human Rights Enforcement Act of 2009, referred to in subsec. (a), is the date of enactment of
§510. Delegation of authority
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.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| [Uncodified]. | 1950 Reorg. Plan No. 2, §2, eff. May 24, 1950, |
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.
Editorial Notes
Prior Provisions
A prior section 510, act June 25, 1948, ch. 646,
§511. Attorney General to advise the President
The Attorney General shall give his advice and opinion on questions of law when required by the President.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §354. | ||
| Feb. 27, 1877, ch. 69, §1 (8th full par. on p. 241), |
§512. Attorney General to advise heads of executive departments
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.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §356. |
§513. Attorney General to advise Secretaries of military departments
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.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §357. |
The Department of War was designated the Department of the Army by the Act of July 26, 1947, ch. 343, §205,
§514. Legal services on pending claims in departments and agencies
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.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §187. | ||
| R.S. §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, §3,
The words "executive department" are substituted for "Department" because "Department", as used in R.S. §§187 and 364, meant "executive department". (See R.S. §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. §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, §201(d), as added Aug. 10, 1949, ch. 412, §4,
Minor changes are made in phraseology to allow for the combining of the two sections.
§515. Authority for legal proceedings; commission, oath, and salary for special attorneys
(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.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | June 30, 1906, ch. 3935, |
|
| (b) | R.S. §366. | |
| Apr. 17, 1930, ch. 174, |
||
| June 25, 1948, ch. 646, §3, |
||
| [Uncodified]. | Aug. 5, 1953, ch. 328, §202 (1st and 2d provisos, as applicable to special assistants and special attorneys), |
|
| [Uncodified]. | July 2, 1954, ch. 456, §202 (as applicable to special assistants and special attorneys), |
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, §1,
Editorial Notes
Amendments
2002—Subsec. (b).
Statutory Notes and Related Subsidiaries
Change of Name
Words "magistrate judges" substituted for "magistrates" in subsec. (a) pursuant to section 321 of
§516. Conduct of litigation reserved to Department of Justice
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.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §361. | ||
| Sept. 3, 1954, ch. 1263, §11, |
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. §361 and of former
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.,
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. §365, which is codified in
§517. Interests of United States in pending suits
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.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §367. |
§518. Conduct and argument of cases
(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.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §359. |
The words "and writs of error" are omitted on authority of the Act of Jan. 31, 1928, ch. 14, §1,
Editorial Notes
Amendments
1992—Subsec. (a).
1982—Subsec. (a).
1980—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
§519. Supervision of litigation
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
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| [None]. |
The words "Except as otherwise authorized by law," are added to provide for existing and future exceptions (e.g.,
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.
Statutory Notes and Related Subsidiaries
Intelligence and National Security Aspects of Espionage Prosecutions
Use of Annuity Brokers in Structured Settlements
"(a)
"(b)
Case Management Information and Tracking Systems for Federal Judicial Districts and Divisions of Department; Preparation, Submission, Etc., of Plan
Report to Congress Regarding Provisions of Law Considered Unconstitutional by the Department of Justice; Declaration of Such Position
Similar provisions were contained in
Study and Report to Congress on Extent to Which Violations of Federal Criminal Laws Are Not Prosecuted
Executive Documents
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, §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
(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 U.S.C. App.] 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.
(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 [
(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.
(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.
(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.
(a) The term "agency" shall be defined as that term is defined in
(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.
(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.
William J. Clinton.
§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
(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.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §188. |
The section is reorganized and restated for clarity.
In subsection (a), the word "concerning" is substituted for "touching".
In subsection (b), the words "without delay" are omitted as unnecessary in view of the requirement that the statement be furnished "Within a reasonable time". The word "briefly" is substituted for "succinctly". The words "in suit" are omitted as unnecessary.
The words "executive department" are substituted for "department" because "department" as used in R.S. §188 meant "executive department". (See R.S. §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 (
Editorial Notes
Amendments
1992—
1982—
Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
§521. Publication and distribution of opinions
The Attorney General, from time to time—
(1) shall cause to be edited, and printed in the Government Publishing 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.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §383 (1st sentence, as applicable 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, §201(d), as added Aug. 10, 1949, ch. 412, §4,
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, §1, eff. May 14, 1950,
In the last sentence, the words "proper" and "complete and full" are omitted as unnecessary.
Statutory Notes and Related Subsidiaries
Change of Name
"Government Publishing Office" substituted for "Government Printing Office" in par. (1) on authority of section 1301(b) of
Review for Official Publication of Opinions of the Office of Legal Counsel of the Department of Justice Concerning Intelligence Activities
"(a)
"(b)
"(1) The potential importance of an opinion to other agencies or officials in the Executive branch.
"(2) The likelihood that similar questions addressed in an opinion may arise in the future.
"(3) The historical importance of an opinion or the context in which it arose.
"(4) The potential significance of an opinion to the overall jurisprudence of the Office of Legal Counsel.
"(5) Such other factors as the Attorney General and the Director of National Intelligence consider appropriate.
"(c)
"(d)
"(1) When publication would reveal classified or other sensitive information relating to national security.
"(2) When publication could reasonably be anticipated to interfere with Federal law enforcement efforts or is prohibited by law.
"(3) When publication would conflict with preserving internal Executive branch deliberative processes or protecting other information properly subject to privilege.
"(e)
"(1)
"(2)
"(f)
[For definition of "intelligence community" as used in section 322 of
§522. Report of business and statistics
(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).
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §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, §1,
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
Editorial Notes
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
Amendments
2002—
1976—
Statutory Notes and Related Subsidiaries
Report to Congress on Banking Law Offenses
Congressional Oversight
Report to Congress on Robberies and Burglaries Involving Controlled Substances
Report to Congress on Sexual Exploitation of Children
1 So in original. Probably should be followed by "the".
§523. Requisitions
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 Government Accountability Office.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §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, §304,
Editorial Notes
Amendments
2004—
§524. Availability of appropriations
(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
(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,
(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;
(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; and
(J) at the discretion of the Attorney General, payments to reimburse operating expenses and program costs incurred by crime-tip organizations that—
(i) annually waive their qualification for—
(I) awards for information leading to forfeiture under subparagraph (C); and
(II) receiving payment from equitably shared forfeiture funds; and
(ii) offer rewards for information about violations of Federal criminal laws prohibiting human trafficking.
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 division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, section 6101(b) to (d) of title 41, 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 (
(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
(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 (
(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 1988.1
(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
(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
(11) For purposes of this subsection and notwithstanding
(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.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 28, 1950, ch. 503, §1, |
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 §307 of the Act of Aug. 14, 1964,
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 28:524(b) | 31:693a. | Oct. 10, 1949, ch. 662, §101 (par. under heading "General Provision—Department of Justice"), |
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.
Editorial Notes
References in Text
Section 6050I of the Internal Revenue Code of 1986, referred to in subsec. (c)(1)(B), is classified to
The Controlled Substances Act, referred to in subsec. (c)(1)(G), is title II of
The Controlled Substances Import and Export Act, referred to in subsec. (c)(1)(G), is title III of
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 (§§301 to 323) of title II of
Section 6073 of the Anti-Drug Abuse Act of 1988, referred to in subsec. (c)(8)(B), was classified to
Section 605 of
Codification
Amendment by
Amendments
2023—Subsec. (c)(1)(J).
2018—Subsec. (c)(1)(B).
2015—Subsec. (c)(1)(B).
Subsec. (c)(4)(C).
Subsec. (c)(10).
Subsec. (c)(11).
2011—Subsec. (c)(1).
2002—Subsec. (a).
Subsec. (c)(1).
Subsec. (c)(1)(I).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (c)(5).
Subsec. (c)(8)(A).
Subsec. (c)(9)(B).
2000—Subsec. (c)(1)(E).
Subsec. (c)(4)(D).
Subsec. (c)(6).
1998—Subsec. (d)(1).
1997—Subsec. (c)(8)(B).
Subsec. (c)(8)(E).
Subsec. (c)(11)(B).
1996—Subsec. (c)(1).
Subsec. (c)(8)(A).
Subsec. (c)(8)(E).
Subsec. (c)(9).
Subsec. (d).
1995—Subsec. (c)(7) to (12).
"(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).
Subsec. (c)(6)(B).
Subsec. (c)(6)(C).
Subsec. (c)(6)(D).
Subsec. (c)(7).
Subsec. (c)(9)(B) to (D).
"(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).
1993—Subsec. (c)(9)(E).
1992—Subsec. (c)(1).
Subsec. (c)(1)(A).
"(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).
Subsec. (c)(1)(F).
Subsec. (c)(1)(H), (I).
Subsec. (c)(4).
Subsec. (c)(6)(B)(v).
Subsec. (c)(9)(A).
Subsec. (c)(9)(E).
Subsec. (c)(11), (12).
"(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 (
1991—Subsec. (c)(1).
Subsec. (c)(1)(C).
"(i) a civil or criminal forfeiture under the Controlled Substances Act or the Controlled Substances Import and Export Act;
"(ii) a criminal forfeiture under
"(iii) a civil forfeiture under
"(iv) a criminal forfeiture under
Subsec. (c)(1)(F).
Subsec. (c)(4).
Subsec. (c)(5).
Subsec. (c)(9)(C).
Subsec. (c)(9)(E).
1990—Subsec. (c)(1)(C).
Subsec. (c)(6).
Subsec. (c)(9).
Subsec. (c)(10), (11).
1988—Subsec. (c).
1987—Subsec. (c)(1)(H).
1986—Subsec. (c)(1)(A).
Subsec. (c)(1)(B) to (E).
Subsec. (c)(1)(F).
Subsec. (c)(1)(G).
Subsec. (c)(4).
Subsec. (c)(8), (9).
1984—Subsec. (c).
Subsec. (c)(1)(E), (F).
Subsec. (c)(3) to (9).
1982—
Subsecs. (a), (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1994 Amendment
Transfer of Forfeited Real or Personal Property
"(a) Hereafter, the Attorney General is authorized to transfer, under such terms and conditions as the Attorney General shall specify, forfeited real or personal property of limited or marginal value, as such value is determined by guidelines established by the Attorney General, 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.
"(b) Any transfer under the preceding proviso [probably should be "subsection (a)"] shall not create or confer any private right of action in any person against the United States, and shall be treated as a reprogramming under section 605 of this Act [
Grant Programs; Availability of Funds to Jails With Pay-to-Stay Programs
Use of Funds Made Available for Removal of Substances Associated With Illegal Manufacture of Amphetamine and Methamphetamine
Acquisition of Equipment or Interim Services With Counterterrorism Funds
"(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
"(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
Counterterrorism Fund
"(a)
"(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)
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
"(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
"(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:
Use of Deposits Transferred From Assets Forfeiture Fund to Buildings and Facilities Account of Federal Prison System
[For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under
Similar provisions were contained in the following prior appropriation acts:
Notice and Approval of Transfer of Subsection (c)(1)(H) Deposits
1 See References in Text note below.
2 So in original. Probably should be capitalized.
§525. Procurement of law books, reference books, and periodicals; sale and exchange
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.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 28, 1950, ch. 503, §3, |
The words "Attorney General" are substituted for "Department of Justice".
§526. Authority of Attorney General to investigate United States attorneys, marshals, trustees, clerks of court, and others
(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.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 28, 1950, ch. 503, §4, |
||
| July 7, 1958, |
In subsection (b), the words "now or hereafter" and "the provisions of" are omitted as unnecessary.
Editorial Notes
Codification
Amendments
2002—
Subsec. (a)(1).
1986—
Subsec. (a)(1).
Subsec. (a)(2).
1978—
Subsec. (a)(1).
Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Change of Name
"United States magistrate judges" substituted for "United States magistrates" in subsec. (a)(2) pursuant to section 321 of
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
§527. Establishment of working capital fund
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: (1) the Department of Justice, other Federal agencies, and other sources authorized by law for supplies, materials, and services; and (2) federally recognized tribes for supplies, materials, and services related to access to Federal law enforcement databases; 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.
(Added
Editorial Notes
Amendments
2020—
Statutory Notes and Related Subsidiaries
Debt Collection Improvement
Crediting to Working Capital Fund of Amounts Collected Pursuant to Civil Debt Collection Litigation Activities
Capital Equipment Acquisition, Etc., by Income Retained From or Transferred to Working Capital Fund; Amounts and Limitations
"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 [
"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."
§528. Disqualification of officers and employees of the Department of Justice
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.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 26, 1978, see section 604 of
§529. Annual report of Attorney General
(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.
(Added
Editorial Notes
Amendments
2002—
Subsec. (b)(2).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 26, 1978, see section 604 of
§530. Payment of travel and transportation expenses of newly appointed special agents
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
(Added
§530A. Authorization of appropriations for travel and related expenses and for health care of personnel serving abroad
There are authorized to be used from appropriations, 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 (2), (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.
(Added
Editorial Notes
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.
Statutory Notes and Related Subsidiaries
Amendments
2011—
§530B. Ethical standards for attorneys for the Government
(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
(Added
Statutory Notes and Related Subsidiaries
Effective Date
§530C. Authority to use available funds
(a)
(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
(b)
(1)
(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
(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
(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
(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 $3,000,000, unless—
(I) the reward is to combat domestic terrorism or international terrorism (as defined in
(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
(v) neither the failure of the Attorney General to authorize a payment nor the amount authorized shall be subject to judicial review.
(M)(i) At the request of an appropriate law enforcement official of a State or political subdivision, the Attorney General may assist in the investigation of violent acts and shootings occurring in a place of public use and in the investigation of mass killings and attempted mass killings. Any assistance provided under this subparagraph shall be presumed to be within the scope of Federal office or employment.
(i) 1 For purposes of this subparagraph—
(I) the term "mass killings" means 3 or more killings in a single incident; and
(II) the term "place of public use" has the meaning given that term under
(2)
(A)
(B)
(i) the purchase of ammunition and firearms; and
(ii) participation in firearms competitions.
(C)
(3)
(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)
(5)
(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)
(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
(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)
(c)
(1)
(2)
(d)
(e)
(f)
(Added
Editorial Notes
References in Text
Section 102(b) of
Section 815(d) of
Amendments
2013—Subsec. (b)(1)(L)(i).
Subsec. (b)(1)(M).
2004—Subsec. (b)(2)(A), (B).
Statutory Notes and Related Subsidiaries
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
Use of Federal Training Facilities
"(a)
"(b)
1 So in original. Probably should be "(ii)".
§530D. Report on enforcement of laws
(a)
(1)
(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)
(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)
(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)
(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)
(e)
(Added
Editorial Notes
References in Text
Section 6405 of the Internal Revenue Code of 1986, referred to in subsec. (a)(1)(C), is classified to
Section 6103 of the Internal Revenue Code of 1986, referred to in subsec. (c)(2)(A), is classified to
Statutory Notes and Related Subsidiaries
Report on Policies and Determinations Made Prior to Enactment of Section
"(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
"(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
"(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."
CHAPTER 33 —FEDERAL BUREAU OF INVESTIGATION
Editorial Notes
Amendments
2023—
2003—
2002—
1998—
1994—
1988—
1986—
1982—
1966—
§531. Federal Bureau of Investigation
The Federal Bureau of Investigation is in the Department of Justice.
(Added
Historical and Revision Notes
The section is supplied for convenience and clarification. The Bureau of Investigation in the Department of Justice, the earliest predecessor agency of the Federal Bureau of Investigation, was created administratively in 1908. It appears that funds used for the Bureau of Investigation were first obtained through the Department of Justice Appropriation Act of May 22, 1908, ch. 186, §1 (par. beginning "From the appropriations for the prosecution of crimes"),
Section 3 of Executive Order No. 6166 of June 10, 1933, specifically recognized the Bureau of Investigation in the Department of Justice and provided that all that Bureau's functions together with the investigative functions of the Bureau of Prohibition were "transferred to and consolidated in a Division of Investigation in the Department of Justice, at the head of which shall be a Director of Investigation."
The Division of Investigation was first designated as the "Federal Bureau of Investigation" by the Act of Mar. 22, 1935, ch. 39, title II,
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Federal Bureau of Investigation, including the functions of the Attorney General relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(3) and
Forced Labor Requirements: Department of Justice
"(1)
"(2)
Enterprise Architecture
"(a)
"(b)
"(1) continually maintain and update an enterprise architecture; and
"(2) maintain a state of the art and up to date information technology infrastructure that is in compliance with the enterprise architecture of the Federal Bureau of Investigation.
"(c)
"(d)
"(1) be twice a year until the inability is corrected;
"(2) include a statement as to whether the inability or expectation of inability to meet the terms set forth in the enterprise architecture is substantially related to resources; and
"(3) if the inability or expectation of inability is substantially related to resources, include a request for additional funding that would resolve the problem or a request to reprogram funds that would resolve the problem.
"(e)
Report to Congress
Morgan P. Hardiman Child Abduction and Serial Murder Investigative Resources Center
Federal Bureau of Investigation Funding Authorizations
"(a)
"(1) the Attorney General shall—
"(A) provide support and enhance the technical support center and tactical operations of the Federal Bureau of Investigation;
"(B) create a Federal Bureau of Investigation counterterrorism and counterintelligence fund for costs associated with the investigation of cases involving cases of terrorism;
"(C) expand and improve the instructional, operational support, and construction of the Federal Bureau of Investigation Academy;
"(D) construct a Federal Bureau of Investigation laboratory, provide laboratory examination support, and provide for a command center;
"(E) make grants to States to carry out the activities described in subsection (b); and
"(F) increase personnel to support counterterrorism activities; and
"(2) the Director of the Federal Bureau of Investigation shall expand the combined DNA Identification System (CODIS) to include analyses of DNA samples collected from—
"(A) individuals convicted of a qualifying Federal offense, as determined under section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 [
"(B) individuals convicted of a qualifying District of Columbia offense, as determined under section 4(d) of the DNA Analysis Backlog Elimination Act of 2000 [
"(C) members of the Armed Forces convicted of a qualifying military offense, as determined under
"(b)
"(1)
"(A) computerized identification systems that are compatible and integrated with the databases of the National Crime Information Center of the Federal Bureau of Investigation;
"(B) the capability to analyze deoxyribonucleic acid (DNA) in a forensic laboratory in ways that are compatible and integrated with the combined DNA Identification System (CODIS) of the Federal Bureau of Investigation; and
"(C) automated fingerprint identification systems that are compatible and integrated with the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation.
"(2)
"(3)
"(c)
"(1)
"(A) $114,000,000 for fiscal year 1997;
"(B) $166,000,000 for fiscal year 1998;
"(C) $96,000,000 for fiscal year 1999; and
"(D) $92,000,000 for fiscal year 2000.
"(2)
"(3)
"(A)
"(i) the greater of 0.25 percent of such amount or $500,000 shall be allocated to each eligible State; and
"(ii) of the total funds remaining after the allocation under clause (i), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this subparagraph as the population of such State bears to the population of all States.
"(B)
§532. Director of the Federal Bureau of Investigation
The Attorney General may appoint a Director of the Federal Bureau of Investigation. The Director of the Federal Bureau of Investigation is the head of the Federal Bureau of Investigation.
(Added
Historical and Revision Notes
The section is supplied for convenience and clarification and is based on section 3 of Executive Order No. 6166 of June 10, 1933, which provided for the transfer of the functions of the Bureau of Investigation together with the investigative functions of the Bureau of Prohibition to a "Division of Investigation in the Department of Justice, at the head of which shall be a Director of Investigation". The Division of Investigation was first designated as the "Federal Bureau of Investigation" by the Act of Mar. 22, 1935, ch. 39, title II,
Statutory Notes and Related Subsidiaries
Limitation on Procurement by Federal Bureau of Investigation of People's Republic of China Products and Services
"(a)
"(1) the Federal Bureau of Investigation conducts a security assessment of such product or service, including with respect to any physical, counterintelligence, or cyber vulnerabilities;
"(2) there is included in the process of conducting such security assessment a formal mechanism through which input shall be submitted by the Counterintelligence Division and Cyber Division of the Federal Bureau of Investigation regarding such security assessment, including with respect to any such vulnerabilities; and
"(3) the Director (or a designee of the Director) approves a recommendation, based on the results of such security assessment, to procure such product or service.
"(b)
"(c)
"(1)
"(A) the congressional intelligence committees; and
"(B) the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the House of Representatives and the Senate.
"(2)
[For definition of "congressional intelligence committees" as used in section 414 of div. X of
Counterintelligence Units at Non-Intelligence Community Federal Departments and Agencies
Findings
"(1) on May 12, 2011, the President requested that Congress extend the term of Robert S. Mueller III as Director of the Federal Bureau of Investigation by 2 years, citing the critical need for continuity and stability at the Federal Bureau of Investigation in the face of ongoing threats to the United States and leadership transitions at the Federal agencies charged with protecting national security;
"(2) in light of the May 1, 2011, successful operation against Osama bin Laden, the continuing threat to national security, and the approaching 10th anniversary of the attacks of September 11, 2001, the President's request for a limited, 1-time exception to the term limit of the Director of the Federal Bureau of Investigation, in these exceptional circumstances, is appropriate; and
"(3) this Act [amending provisions set out as a note under this section] is intended to provide a 1-time exception to the 10-year statutory limit on the term of the Director of the Federal Bureau of Investigation in light of the President's request and existing exceptional circumstances, and is not intended to create a precedent."
Improvement of Intelligence Capabilities; Directorate of Intelligence; Intelligence Career Service
"SEC. 2001. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE FEDERAL BUREAU OF INVESTIGATION.
"(a)
"(1) The National Commission on Terrorist Attacks Upon the United States in its final report stated that, under Director Robert Mueller, the Federal Bureau of Investigation has made significant progress in improving its intelligence capabilities.
"(2) In the report, the members of the Commission also urged that the Federal Bureau of Investigation fully institutionalize the shift of the Bureau to a preventive counterterrorism posture.
"(b)
"(c)
"(2) Each agent employed by the Bureau after the date of the enactment of this Act [Dec. 17, 2004] shall receive basic training in both criminal justice matters and national intelligence matters.
"(3) Each agent employed by the Bureau after the date of the enactment of this Act shall, to the maximum extent practicable, be given the opportunity to undergo, during such agent's early service with the Bureau, meaningful assignments in criminal justice matters and in national intelligence matters.
"(4) The Director shall—
"(A) establish career positions in national intelligence matters for agents, analysts, and related personnel of the Bureau; and
"(B) in furtherance of the requirement under subparagraph (A) and to the maximum extent practicable, afford agents, analysts, and related personnel of the Bureau the opportunity to work in the career specialty selected by such agents, analysts, and related personnel over their entire career with the Bureau.
"(5) The Director shall carry out a program to enhance the capacity of the Bureau to recruit and retain individuals with backgrounds in intelligence, international relations, language, technology, and other skills relevant to the intelligence mission of the Bureau.
"(6) The Director shall, to the maximum extent practicable, afford the analysts of the Bureau training and career opportunities commensurate with the training and career opportunities afforded analysts in other elements of the intelligence community.
"(7) Commencing as soon as practicable after the date of the enactment of this Act, each direct supervisor of a Field Intelligence Group, and each Bureau Operational Manager at the Section Chief and Assistant Special Agent in Charge (ASAC) level and above, shall be a certified intelligence officer.
"(8) The Director shall, to the maximum extent practicable, ensure that the successful discharge of advanced training courses, and of one or more assignments to another element of the intelligence community, is a precondition to advancement to higher level intelligence assignments within the Bureau.
"(d)
"(2) The Director shall provide for such expansion of the secure facilities in the field offices of the Bureau as is necessary to ensure the discharge by the field offices of the intelligence mission of the Bureau.
"(3) The Director shall require that each Field Intelligence Group manager ensures the integration of analysts, agents, linguists, and surveillance personnel in the field.
"(e)
"(2) The Director of the Federal Bureau of Investigation shall carry out subsections (b) through (d) under the joint guidance of the Attorney General and the Director of National Intelligence in a manner consistent with applicable law.
"(f)
"(1) Intelligence.
"(2) Counterterrorism and counterintelligence.
"(3) Criminal Enterprises/Federal Crimes.
"(4) Criminal justice services.
"(g)
"(2) The Director shall include in each annual program review of the Federal Bureau of Investigation that is submitted to Congress a report on the progress made by each field office of the Bureau during the period covered by such review in addressing Bureau and national program priorities.
"(3) Not later than 180 days after the date of the enactment of this Act, and every 12 months thereafter, the Director shall submit to Congress a report on the progress of the Bureau in implementing information-sharing principles.
"SEC. 2002. DIRECTORATE OF INTELLIGENCE OF THE FEDERAL BUREAU OF INVESTIGATION.
"(a)
"(b)
"(c)
"(1) Supervision of all national intelligence programs, projects, and activities of the Bureau.
"(2) The discharge by the Bureau of the requirements in section 105B of the National Security Act of 1947 ([former] 50 U.S.C. 403–5b) [now
"(3) The oversight of Bureau field intelligence operations.
"(4) Coordinating human source development and management by the Bureau.
"(5) Coordinating collection by the Bureau against nationally-determined intelligence requirements.
"(6) Strategic analysis.
"(7) Intelligence program and budget management.
"(8) The intelligence workforce.
"(9) Any other responsibilities specified by the Director of the Federal Bureau of Investigation or specified by law.
"(d)
"SEC. 2003. FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE CAREER SERVICE.
"(a)
"(1) in consultation with the Director of the Office of Personnel Management—
"(A) establish positions for intelligence analysts, and prescribe standards and procedures for establishing and classifying such positions, without regard to
"(B) fix the rate of basic pay for such positions, without regard to subchapter III of
"(2) appoint individuals to such positions; and
"(3) establish a performance management system for such individuals with at least one level of performance above a retention standard.
"(b)
"(c)
"(d)
"(1) the Committees on Appropriations, Homeland Security and Governmental Affairs, and the Judiciary and the Select Committee on Intelligence of the Senate; and
"(2) the Committees on Appropriations, Government Reform [now Committee on Oversight and Accountability], and the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives."
Webster Commission Implementation Report
"(a)
"(b)
"(c)
"(1) the Committees on the Judiciary of the Senate and the House of Representatives;
"(2) the Committees on Appropriations of the Senate and the House of Representatives;
"(3) the Select Committee on Intelligence of the Senate; and
"(4) the Permanent Select Committee on Intelligence of the House of Representatives."
Employment of Translators by the Federal Bureau of Investigation
"(a)
"(b)
"(c)
"(1) the number of translators employed by the FBI and other components of the Department of Justice;
"(2) any legal or practical impediments to using translators employed by other Federal, State, or local agencies, on a full, part-time, or shared basis; and
"(3) the needs of the FBI for specific translation services in certain languages, and recommendations for meeting those needs."
FBI Critical Skills Scholarship Program
"(a)
"(b)
"(c)
Confirmation and Compensation of Director; Term of Service
"(a) Effective as of the day following the date on which the present incumbent in the office of Director ceases to serve as such, the Director of the Federal Bureau of Investigation shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive compensation at the rate prescribed for level II of the Federal Executive Salary Schedule [
"(b) Effective with respect to any individual appointment by the President, by and with the advice and consent of the Senate, after June 1, 1973, the term of service of the Director of the Federal Bureau of Investigation shall be ten years. A Director may not serve more than one ten-year term. The provisions of subsections (a) through (c) of
"(c)(1) Effective on the date of enactment of this subsection [July 26, 2011], a new term of service for the office of Director of the Federal Bureau of Investigation shall be created, which shall begin on or after August 3, 2011, and continue until September 4, 2013. Notwithstanding the second sentence of subsection (b) of this section, the incumbent Director of the Federal Bureau of Investigation on the date of enactment of this subsection shall be eligible to be appointed to the new term of service provided for by this subsection, by and with the advice and consent of the Senate, and only for that new term of service. Nothing in this subsection shall prevent the President, by and with the advice of the Senate, from appointing an individual, other than the incumbent Director of the Federal Bureau of Investigation, to a 10-year term of service subject to the provisions of subsection (b) after the date of enactment of this subsection.
"(2) The individual who is the incumbent in the office of the Director of the Federal Bureau of Investigation on the date of enactment of this subsection may not serve as Director after September 4, 2013.
"(3) With regard to the individual who is the incumbent in the office of the Director of the Federal Bureau of Investigation on the date of enactment of this subsection, the second sentence of subsection (b) shall not apply."
§533. Investigative and other officials; appointment
The Attorney General may appoint officials—
(1) to detect and prosecute crimes against the United States;
(2) to assist in the protection of the person of the President; and 1
(3) to assist in the protection of the person of the Attorney General.2
(4) to conduct such other investigations regarding official matters under the control of the Department of Justice and the Department of State as may be directed by the Attorney General.
This section does not limit the authority of departments and agencies to investigate crimes against the United States when investigative jurisdiction has been assigned by law to such departments and agencies.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 31, 1964, |
The section is from the Department of Justice Appropriation Act, 1965. Similar provisions were contained in each appropriation Act for the Department running back to 1921, which Acts are identified in a note under
The section is reorganized for clarity. The authority to appoint officials for the cited purposes is implied. The word "may" is substituted for "is authorized to". The words "who shall be vested with the authority necessary for the execution of such duties" are omitted as unnecessary as the appointment of the officials for the purposes indicated carries with it the authority necessary to perform their duties.
In paragraph (2), the words "to assist in" are added for clarity and in recognition of the provisions of
The last sentence is added because in various areas the authority to investigate certain criminal offenses has been specifically assigned by statute to departments and agencies other than the Federal Bureau of Investigation. For example, the enforcement of the internal revenue laws is specifically a function of the Secretary of the Treasury and he is authorized to employ such number of persons as he deems proper for the enforcement of such laws (
Editorial Notes
Amendments
2002—Pars. (3), (4).
Statutory Notes and Related Subsidiaries
FBI Investigations of Espionage by Persons Employed by or Assigned to United States Diplomatic Missions Abroad
Undercover Investigative Operations Conducted by Federal Bureau of Investigation or Drug Enforcement Administration; Annual Report to Congress; Financial Audit
Similar provisions were contained in the following prior appropriation acts:
"(b)(1) During fiscal year 1996, with respect to any undercover investigative operation of the Federal Bureau of Investigation or the Drug Enforcement Administration which is necessary for the detection and prosecution of crimes against the United States or for the collection of foreign intelligence or counterintelligence—
"(A) sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Administration may be used for purchasing property, buildings, and other facilities, and for leasing space, within the United States, the District of Columbia, and the territories and possessions of the United States, without regard to
"(B) sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Administration may be used to establish or to acquire proprietary corporations or business entities as part of an undercover investigative operation, and to operate such corporations or business entities on a commercial basis, without regard to
"(C) sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Administration for fiscal year 1996, and the proceeds from such undercover operation, may be deposited in banks or other financial institutions, without regard to
"(D) proceeds from such undercover operation may be used to offset necessary and reasonable expenses incurred in such operation, without regard to
only, in operations designed to detect and prosecute crimes against the United States, upon the written certification of the Director of the Federal Bureau of Investigation (or, if designated by the Director, a member of the Undercover Operations Review Committee established by the Attorney General in the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations, as in effect on July 1, 1983) or the Administrator of the Drug Enforcement Administration, as the case may be, and the Attorney General (or, with respect to Federal Bureau of Investigation undercover operations, if designated by the Attorney General, a member of such Review Committee), that any action authorized by subparagraph (A), (B), (C), or (D) is necessary for the conduct of such undercover operation. If the undercover operation is designed to collect foreign intelligence or counterintelligence, the certification that any action authorized by subparagraph (A), (B), (C), or (D) is necessary for the conduct of such undercover operation shall be by the Director of the Federal Bureau of Investigation (or a designee of the Director who is in a position not lower than Deputy Assistant Director in the National Security Branch or a similar successor position) and the Attorney General (or a designee of the Attorney General who is in the National Security Division in a position not lower than Deputy Assistant Attorney General or a similar successor position). Such certification shall continue in effect for the duration of such undercover operation, without regard to fiscal years.
"(2) Notwithstanding paragraph (1), it shall not be necessary to obtain such certification for an undercover operation in order that proceeds or other money—
"(A) received by an undercover agent from or at the direction of a subject of an investigation, or
"(B) provided to an agent by an individual cooperating with the Government in an investigation, who received the proceeds or money from or at the direction of a subject of the investigation,
may be used as a subject of the investigation directs without regard to
"(3) As soon as the proceeds from an undercover investigative operation with respect to which an action is authorized and carried out under subparagraphs (C) and (D) of paragraph (1), or under paragraph (2) are no longer necessary for the conduct of such operation, such proceeds or the balance of such proceeds remaining at the time shall be deposited in the Treasury of the United States as miscellaneous receipts.
"(4) If a corporation or business entity established or acquired as part of an undercover operation under subparagraph (B) of paragraph (1) with a net value of over $50,000 is to be liquidated, sold, or otherwise disposed of, the Federal Bureau of Investigation or the Drug Enforcement Administration, as much in advance as the Director or the Administrator, or the designee of the Director or the Administrator, determines is practicable, shall report the circumstances to the Attorney General and the Comptroller General. The proceeds of the liquidation, sale, or other disposition, after obligations are met, shall be deposited in the Treasury of the United States as miscellaneous receipts.
"(5)(A) The Federal Bureau of Investigation or the Drug Enforcement Administration, as the case may be, shall conduct a detailed financial audit of each undercover investigative operation which is closed in fiscal year 1996—
"(i) submit the results of such audit in writing to the Attorney General, and
"(ii) not later than 180 days after such undercover operation is closed, submit a report to the Congress concerning such audit.
"(B) The Federal Bureau of Investigation and the Drug Enforcement Administration shall each also submit a report annually to the Congress specifying as to their respective undercover investigative operations—
"(i) the number, by programs, of undercover investigative operations pending as of the end of the one-year period for which such report is submitted,
"(ii) the number, by programs, of undercover investigative operations commenced in the one-year period preceding the period for which such report is submitted, and
"(iii) the number, by programs, of undercover investigative operations closed in the one-year period preceding the period for which such report is submitted and, with respect to each such closed undercover operation, the results obtained. With respect to each such closed undercover operation which involves any of the sensitive circumstances specified in the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations, such report shall contain a detailed description of the operation and related matters, including information pertaining to—
"(I) the results,
"(II) any civil claims, and
"(III) identification of such sensitive circumstances involved, that arose at any time during the course of such undercover operation.
"(6) For purposes of paragraph (5)—
"(A) the term 'closed' refers to the earliest point in time at which—
"(i) all criminal proceedings (other than appeals) are concluded, or
"(ii) covert activities are concluded, whichever occurs later,
"(B) the term 'employees' means employees, as defined in
"(C) the terms 'undercover investigative operations' and 'undercover operation' mean any undercover investigative operation of the Federal Bureau of Investigation or the Drug Enforcement Administration (other than a foreign counterintelligence undercover investigative operation)—
"(i) in which—
"(I) the gross receipts (excluding interest earned) exceed $50,000, or
"(II) expenditures (other than expenditures for salaries of employees) exceed $150,000, and
"(ii) which is exempt from
except that clauses (i) and (ii) shall not apply with respect to the report required under subparagraph (B) of such paragraph."
Similar provisions were contained in the following prior appropriation acts:
"(1) The Federal Bureau of Investigation shall conduct detailed financial audits of undercover operations closed on or after October 1, 1979, and—
"(A) report the results of each audit in writing to the Department of Justice, and
"(B) report annually to the Congress concerning these audits.
"(2) For the purposes of paragraph (1), 'undercover operation' means any undercover operation of the Federal Bureau of Investigation, other than a foreign counterintelligence undercover operation—
"(A) in which the gross receipts exceed $50,000, and
"(B) which is exempted from section 3617 of the Revised Statutes (
1 So in original. The word "and" probably should not appear.
2 So in original. The period probably should be "; and".
§534. Acquisition, preservation, and exchange of identification records and information; appointment of officials
(a) The Attorney General shall—
(1) acquire, collect, classify, and preserve identification, criminal identification, crime, and other records;
(2) acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual;
(3) acquire, collect, classify, and preserve any information which would assist in the location of any missing person (including an unemancipated person as defined by the laws of the place of residence of such person) and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person (and the Attorney General may acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin);
(4) exchange such records and information with, and for the official use of, authorized officials of the Federal Government, including the United States Sentencing Commission, the States, including State sentencing commissions, Indian tribes, cities, and penal and other institutions; and
(5) provide a person licensed as an importer, manufacturer, or dealer of firearms under
(b) The exchange of records and information authorized by subsection (a)(4) of this section is subject to cancellation if dissemination is made outside the receiving departments or related agencies, except for dissemination authorized under subsection (a)(5) of this section.
(c) The Attorney General may appoint officials to perform the functions authorized by this section.
(d)
(1)
(A) to access and enter information into Federal criminal information databases; and
(B) to obtain information from the databases.
(2)
(A)
(B)
(3)
(e) For purposes of this section, the term "other institutions" includes—
(1) railroad police departments which perform the administration of criminal justice and have arrest powers pursuant to a State statute, which allocate a substantial part of their annual budget to the administration of criminal justice, and which meet training requirements established by law or ordinance for law enforcement officers; and
(2) police departments of private colleges or universities which perform the administration of criminal justice and have arrest powers pursuant to a State statute, which allocate a substantial part of their annual budget to the administration of criminal justice, and which meet training requirements established by law or ordinance for law enforcement officers.
(f)(1) Information from national crime information databases consisting of identification records, criminal history records, protection orders, and wanted person records may be disseminated to civil or criminal courts for use in domestic violence or stalking cases. Nothing in this subsection shall be construed to permit access to such records for any other purpose.
(2) Federal, tribal, and State criminal justice agencies authorized to enter information into criminal information databases may include—
(A) arrests, convictions, and arrest warrants for stalking or domestic violence or for violations of protection orders for the protection of parties from stalking or domestic violence; and
(B) protection orders for the protection of persons from stalking or domestic violence, provided such orders are subject to periodic verification.
(3) As used in this subsection—
(A) the term "national crime information databases" means the National Crime Information Center and its incorporated criminal history databases, including the Interstate Identification Index; and
(B) the term "protection order" includes—
(i) any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence or contact or communication with or physical proximity to, another person, including any temporary or final orders issued by civil or criminal courts whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and
(ii) any support, child custody or visitation provisions, orders, remedies, or relief issued as part of a protection order, restraining order, or stay away injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence, dating violence, sexual assault, or stalking.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 31, 1964, |
||
| June 11, 1930, ch. 455, |
The sections are combined and reorganized for clarity. Former
In subsection (a), the word "shall" is substituted for "has the duty" as a more direct expression. The function of acquiring, collecting, classifying, etc., referred to in former
In subsection (c), the authority to appoint officials for the cited purposes is implied.
Editorial Notes
Amendments
2022—Subsec. (a)(5).
Subsec. (b).
Subsec. (d).
2011—Subsec. (a)(4).
2010—Subsec. (a)(4).
Subsec. (d).
Subsec. (e).
Subsec. (f)(2).
2006—Subsec. (d).
Subsec. (e).
Subsec. (e)(3)(B).
Subsec. (f).
2002—Subsec. (a)(3).
Subsec. (a)(4).
1994—Subsec. (e).
1988—Subsec. (d).
1982—
Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
Regulations
Statutory Construction; Evidence
"(A)
"(i) to create a cause of action against any person licensed as an importer, manufacturer, or dealer of firearms under
"(ii) to establish any standard of care.
"(B)
Nothing in amendment made by
Improving Department of Justice Data Collection on Mental Illness Involved in Crime
Access to National Crime Information Databases
Additional Reporting on Crime
Tribal Registry
National Gang Intelligence Center
Reviews of Criminal Records of Applicants for Private Security Officer Employment
Criminal Background Checks for Applicants for Employment in Nursing Facilities and Home Health Care Agencies
Compilation of Statistics Relating to Intimidation of Government Employees
National Crime Information Center Project 2000
"SEC. 611. SHORT TITLE.
"This section [subtitle] may be cited as the 'National Law Enforcement Cooperation Act of 1990'.
"SEC. 612. FINDINGS.
"The Congress finds that—
"(1) cooperation among Federal, State and local law enforcement agencies is critical to an effective national response to the problems of violent crime and drug trafficking in the United States;
"(2) the National Crime Information Center, which links more than 16,000 Federal, State and local law enforcement agencies, is the single most important avenue of cooperation among law enforcement agencies;
"(3) major improvements to the National Crime Information Center are needed because the current system is more than twenty years old; carries much greater volumes of enforcement information; and at this time is unable to incorporate technological advances that would significantly improve its performance; and
"(4) the Federal Bureau of Investigation, working with State and local law enforcement agencies and private organizations, has developed a promising plan, 'NCIC 2000', to make the necessary upgrades to the National Crime Information Center that should meet the needs of United States law enforcement agencies into the next century.
"SEC. 613. AUTHORIZATION OF APPROPRIATIONS.
"There are authorized to be appropriated the following sums to implement the 'NCIC 2000' project:
"(1) $17,000,000 for fiscal year 1991;
"(2) $25,000,000 for fiscal year 1992;
"(3) $22,000,000 for fiscal year 1993;
"(4) $9,000,000 for fiscal year 1994; and
"(5) such sums as may be necessary for fiscal year 1995.
"SEC. 614. REPORT.
"By February 1 of each fiscal year for which funds for NCIC 2000 are requested, the Director of the Federal Bureau of Investigation shall submit a report to the Committees on the Judiciary of the Senate and House of Representatives that details the progress that has been made in implementing NCIC 2000 and a complete justification for the funds requested in the following fiscal year for NCIC 2000."
FBI Fees To Process Fingerprint Identification Records and Name Checks
Hate Crime Statistics
Uniform Federal Crime Reporting Act of 1988
Family and Domestic Violence; Data Collection and Reporting
Parimutuel Licensing Simplification
Funds for Exchange of Identification Records
§535. Investigation of crimes involving Government officers and employees; limitations
(a) The Attorney General and the Federal Bureau of Investigation may investigate any violation of Federal criminal law involving Government officers and employees—
(1) notwithstanding any other provision of law; and
(2) without limiting the authority to investigate any matter which is conferred on them or on a department or agency of the Government.
(b) Any information, allegation, matter, or complaint witnessed, discovered, or received in a department or agency of the executive branch of the Government relating to violations of Federal criminal law involving Government officers and employees shall be expeditiously reported to the Attorney General by the head of the department or agency, or the witness, discoverer, or recipient, as appropriate, unless—
(1) the responsibility to perform an investigation with respect thereto is specifically assigned otherwise by another provision of law; or
(2) as to any department or agency of the Government, the Attorney General directs otherwise with respect to a specified class of information, allegation, or complaint.
(c) This section does not limit—
(1) the authority of the military departments to investigate persons or offenses over which the armed forces have jurisdiction under the Uniform Code of Military Justice (
(2) the primary authority of the Postmaster General to investigate postal offenses.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 31, 1954, ch. 1143, §1, |
The section is reorganized for clarity and continuity.
In subsection (a), the word "may" is substituted for "shall have authority". The word "is" is substituted for "may have been or may hereafter be".
In subsection (c), the words "This section does not limit" are substituted for "that the provisions of this section shall not limit, in any way". The words "(
Editorial Notes
Amendments
2002—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Transfer of Functions
Office of Postmaster General of Post Office Department abolished and all functions, powers, and duties of Postmaster General transferred to United States Postal Service by
§536. Positions in excepted service
All positions in the Federal Bureau of Investigation are excepted from the competitive service, and the incumbents of such positions occupy positions in the excepted service.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 31, 1964, |
||
| July 28, 1950, ch. 503, §5 (last sentence), |
The section is revised and restated to eliminate ambiguity and give true effect to the prohibition against the use of appropriations to the Federal Bureau of Investigation. The language used to define the excepted status of the positions, officers, and employees is based on revised
The provisions of this section were made permanent by the Act of July 28, 1950,
§537. Expenses of unforeseen emergencies of a confidential character
Appropriations for the Federal Bureau of Investigation are available for expenses of unforeseen emergencies of a confidential character, when so specified in the appropriation concerned, to be spent under the direction of the Attorney General. The Attorney General shall certify the amount spent that he considers advisable not to specify, and his certification is a sufficient voucher for the amount therein expressed to have been spent.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 28, 1950, ch. 503, §5 (less last sentence), |
The section is revised and reorganized for clarity. The words "now or hereafter provided" are omitted as unnecessary. The words "for expenses of membership in the International Commission of Criminal Police and" are omitted as obsolete. The Act of Aug. 27, 1958,
§538. Investigation of aircraft piracy and related violations
The Federal Bureau of Investigation shall investigate any violation of section 46314 or
(Added
§539. Counterintelligence official reception and representation expenses
The Director of the Federal Bureau of Investigation may use funds available to the Federal Bureau of Investigation for counterintelligence programs to pay the expenses of hosting foreign officials in the United States under the auspices of the Federal Bureau of Investigation for consultation on counterintelligence matters.
(Added
§540. Investigation of felonious killings of State or local law enforcement officers
The Attorney General and the Federal Bureau of Investigation may investigate felonious killings of officials and employees of a State or political subdivision thereof while engaged in or on account of the performance of official duties relating to the prevention, detection, investigation, or prosecution of an offense against the criminal laws of a State or political subdivision, when such investigation is requested by the head of the agency employing the official or employee killed, and under such guidelines as the Attorney General or his designee may establish.
(Added
§540A. Investigation of violent crimes against travelers
(a)
(b)
(c)
(1) "felony crime of violence" means an offense punishable by more than one year in prison that has as an element the use, attempted use, or threatened use of physical force against the person of another.
(2) "State" means a State, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(3) "traveler" means a victim of a crime of violence who is not a resident of the State in which the crime of violence occurred.
(Added
Editorial Notes
Amendments
1996—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
§540B. Investigation of serial killings
(a)
(b)
(1)
(2)
(3)
(Added
§540C. FBI police
(a)
(1)
(2) FBI
(A)
(i) the whole or any part of any building or structure which is occupied under a lease or otherwise by the Federal Bureau of Investigation and is subject to supervision and control by the Federal Bureau of Investigation;
(ii) the land upon which there is situated any building or structure which is occupied wholly by the Federal Bureau of Investigation; and
(iii) any enclosed passageway connecting 2 or more buildings or structures occupied in whole or in part by the Federal Bureau of Investigation.
(B)
(3)
(b)
(1)
(2)
(3)
(4)
(A)
(i) police the FBI buildings and grounds for the purpose of protecting persons and property;
(ii) in the performance of duties necessary for carrying out subparagraph (A), make arrests and otherwise enforce the laws of the United States, including the laws of the District of Columbia;
(iii) carry firearms as may be required for the performance of duties;
(iv) prevent breaches of the peace and suppress affrays and unlawful assemblies; and
(v) hold the same powers as sheriffs and constables when policing FBI buildings and grounds.
(B)
(5)
(A)
(B)
(i) shall be established by regulation;
(ii) shall apply with respect to pay periods beginning after January 1, 2003; and
(iii) shall not result in any decrease in the rates of pay or benefits of any individual.
(c)
(Added
Editorial Notes
Prior Provisions
Another section 540C, added
Statutory Notes and Related Subsidiaries
Transfer of Functions
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
§540D. Multidisciplinary teams
(a)
(1) the term "child sexual abuse material" means a visual depiction described in
(2) the term "covered investigation" means any investigation of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation;
(3) the term "Director" means the Director of the Federal Bureau of Investigation;
(4) the term "multidisciplinary team" means a multidisciplinary team established or used under subsection (b)(2);
(5) the term "relevant children's advocacy center personnel" means children's advocacy center staff that regularly participate in multidisciplinary child support settings, including the director of the children's advocacy center, the coordinator of a multidisciplinary team, forensic interviewers, victim advocates, forensic medical evaluators, physicians, sexual assault nurse examiners, and mental health clinicians; and
(6) the term "victim advocate" means a person, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of a victim services program.
(b)
(1)
(A) use a multidisciplinary team; and
(B) in accordance with paragraph (3), use—
(i) a trained Federal Bureau of Investigation child adolescent forensic interviewer; or
(ii) in the absence of a trained Federal Bureau of Investigation child adolescent forensic interviewer, a trained forensic interviewer at a children's advocacy center.
(2)
(3)
(A) may work with children's advocacy centers to implement a multidisciplinary team approaches 1 for purposes of covered investigations; and
(B) shall allow, facilitate, and encourage multidisciplinary teams to collaborate with a children's advocacy center with regard to availability, provision, and use of services to and by victims and families that are participants in or affected by the actions at issue in a covered investigation.
(4)
(A) without the use of—
(i) a multidisciplinary approach;
(ii) a trained forensic interviewer; or
(iii) either the use of a multidisciplinary approach or a trained forensic interviewer; and
(B) for each interview identified under subparagraph (A), describing the exigent circumstances that existed with respect to the interview, in accordance with paragraph (1).
(5)
(A) under which—
(i) the children's advocacy services of the national organization are made available to field offices of the Federal Bureau of Investigation in the United States; and
(ii) special agents and other employees of the Federal Bureau of Investigation are made aware of the existence of such memoranda and its purposes; and
(B) which shall reflect a trauma-informed, victim-centered approach and provide for case review.
(c)
(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation.
(2) To provide for and enhance collaborative efforts among the members of a multidisciplinary team, when such a team is used, and other appropriate personnel regarding a covered investigation.
(3) To enhance the social services available to victims in connection with a covered investigation, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with a covered investigation.
(4) To carry out other duties regarding the response to investigations of child sexual abuse or trafficking.
(d)
(1)
(A) Appropriate investigative personnel.
(B) Appropriate mental health professionals.
(C) Appropriate medical personnel.
(D) Victim advocates or victim specialists.
(E) Relevant children's advocacy center personnel, with respect to covered investigations in which the children's advocacy center or personnel of the children's advocacy center were used in the course of the covered investigation.
(F) Prosecutors, as appropriate.
(2)
(A)
(B)
(e)
(1)
(A)
(B)
(i) case outcome of forensic interviews;
(ii) medical evaluation outcomes;
(iii) mental health treatment referrals and treatment completion;
(iv) safety planning and child protection issues;
(v) victim service needs and referrals addressed by the victim advocate;
(vi) case disposition;
(vii) case outcomes; and
(viii) any other information required for a children's advocacy centers 1 as a part of the standards of practice of the children's advocacy center; and
(C)
(i) classified information;
(ii) the identity of confidential informants; or
(iii) other investigative information not included as a part of the standards of practice of the children's advocacy center.
(2)
(3)
(A)
(B)
(f)
(g)
(1) share information about case progress;
(2) address any investigative or prosecutorial barriers; and
(3) ensure that victims receive support and needed treatment.
(h)
(i)
(1)
(2)
(Added
CHAPTER 35 —UNITED STATES ATTORNEYS
Editorial Notes
Amendments
1990—
1966—
§541. United States attorneys
(a) The President shall appoint, by and with the advice and consent of the Senate, a United States attorney for each judicial district.
(b) Each United States attorney shall be appointed for a term of four years. On the expiration of his term, a United States attorney shall continue to perform the duties of his office until his successor is appointed and qualifies.
(c) Each United States attorney is subject to removal by the President.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | [None]. | |
| (b) | [None]. | |
| (c) | [None]. |
In subsection (c), the word "is" is substituted for "shall be".
1948 Act
Prior section 501.—Based on title 28, U.S.C., 1940 ed., §481,
Section consolidates
The term "United States attorney" was adopted in this section for "attorney for the United States." Since the decision of the Supreme Court of the United States in In re Neagle, 1890 (10 S. Ct. 658, 135 U.S. 1, 34, L. Ed. 55) where the terms "attorneys of the United States" and "district attorneys" were used interchangeably, Congress has also designated such officers as either "United States attorneys" or as "district attorneys." See Acts of Feb. 22, 1886, ch. 928, §7,
At present, such officers are invariably designated as "United States attorneys" by Federal courts and the Department of Justice.
Words "The President may appoint, by and with the advice and consent of the Senate," were inserted to conform section with the Constitution. See article II, section 2, clause 2.
Words "including the District of Columbia" were omitted, because the District is made a judicial district by
Words "learned in the law" were omitted as unnecessary. Such requirement is not made of United States judges and no reason appears to make a distinction respecting United States attorneys.
Parts of
Changes were made in phraseology.
[The Historical and Revision Notes for former section 504, from which this section is partially derived, is set out under
Editorial Notes
Prior Provisions
A prior section 541, acts June 25, 1948, ch. 646, 62 Stat 910; Mar. 18, 1959,
§542. Assistant United States attorneys
(a) The Attorney General may appoint one or more assistant United States attorneys in any district when the public interest so requires.
(b) Each assistant United States attorney is subject to removal by the Attorney General.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | [None]. | |
| (b) | [None]. |
In subsection (b), the word "is" is substituted for "shall be".
1948 Act
Prior section 502.—Based on title 28, U.S.C., 1940 ed., §§483, 594 (May 28, 1896, ch. 252, §8,
Section consolidates
Words "United States attorneys" were substituted for "district attorneys." (See reviser's note under section 501 [now 541] of this title.)
The exception of Alaska from the operation of such section 483 was omitted as covered by
Reference in such section 483 to "District of Columbia" was omitted. (See reviser's note under section 501 [now 541] of this title.)
The provisions of
The salary provisions of such section 594 were omitted as covered by section 508 [now 548] of this title.
Changes were made in phraseology.
Editorial Notes
Prior Provisions
A prior section 542, act June 25, 1948, ch. 646,
§543. Special attorneys
(a) The Attorney General may appoint attorneys to assist United States attorneys when the public interest so requires, including the appointment of qualified tribal prosecutors and other qualified attorneys to assist in prosecuting Federal offenses committed in Indian country.
(b) Each attorney appointed under this section is subject to removal by the Attorney General.
(c)
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | [None]. | |
| July 28, 1916, ch. 261, §1 (6th par. on p. 413), |
||
| (b) | [None]. |
The text of former
In subsection (b), the word "is" is substituted for "shall be".
1948 Act
Prior section 503.—Based on
Other provisions of
Changes were made in phraseology.
Editorial Notes
Prior Provisions
A prior section 543, act June 25, 1948, ch. 646,
Amendments
2010—Subsec. (a).
Subsec. (c).
§544. Oath of office
Each United States attorney, assistant United States attorney, and attorney appointed under
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| [None]. |
1948 Act
Prior section 504.—Based on
Section consolidates parts of
Words "United States attorney" were substituted for district attorney, and reference to District of Columbia was omitted. (See reviser's note under section 501 [now 541] of this title.)
Reference to the territories in said section 482, was also omitted as covered by provisions of title 48, U.S.C., 1940 ed., Territories and Insular Possessions. See sections 109 and 112 of such title applicable to United States attorney in Alaska, and 1353 applicable in the Canal Zone, and 1405y applicable in the Virgin Islands.
The provision as to the tenure of the assistant United States attorneys and special attorneys is new. Existing law contains no provision as to tenure or removal of such officials. While the Supreme Court has held that the power of removal of executive officials is incident to the power of appointment, this section expressly provides for removal. See Meyers v. United States, 1926 (47 S.Ct. 21, 272 U.S. 52, 71 L.Ed. 160).
Said section 315 contained a provision that special attorneys appointed to assist United States attorneys should take the same oath required of the latter. This section was extended to assistant United States attorneys, respecting whom no provision existed as to oaths.
A portion of
Other changes were made in phraseology.
Editorial Notes
Prior Provisions
A prior section 544, acts June 25, 1948, ch. 646,
§545. Residence
(a) Each United States attorney shall reside in the district for which he is appointed, except that these officers of the District of Columbia, the Southern District of New York, and the Eastern District of New York may reside within 20 miles thereof. Each assistant United States attorney shall reside in the district for which he or she is appointed or within 25 miles thereof. The provisions of this subsection shall not apply to any United States attorney or assistant United States attorney appointed for the Northern Mariana Islands who at the same time is serving in the same capacity in another district. Pursuant to an order from the Attorney General or his designee, a United States attorney or an assistant United States attorney may be assigned dual or additional responsibilities that exempt such officer from the residency requirement in this subsection for a specific period as established by the order and subject to renewal.
(b) The Attorney General may determine the official stations of United States attorneys and assistant United States attorneys within the districts for which they are appointed.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| [None]. |
In subsection (a), the word "shall" is substituted for "must". The word "thereof" is substituted for "of the District".
1948 Act
Prior section 505.—Based on title 28, U.S.C., 1940 ed., §524 (June 20, 1874, ch. 328, §2,
The provisions of
The provision permitting the United States attorney and his assistants to reside within twenty miles of the District of Columbia was added because of the relatively small and congested area of the District, as a result of which few Federal officers are appointed from the District or reside therein. Also the residence requirement of this section has no relation to domicile or voting residence nor does it affect the citizenship or residence status of District of Columbia officeholders in the several States from which appointed.
Only citizens of Hawaii resident therein at least 3 years preceding appointment may be appointed as United States Attorneys for the district of Hawaii. See section 501 [now 541] of this title.
Other provisions of
Changes were made in phraseology.
Editorial Notes
Prior Provisions
A prior section 545, act June 25, 1948, ch. 646,
Amendments
2006—Subsec. (a).
1994—Subsec. (a).
1979—Subsec. (a).
1978—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
§546. Vacancies
(a) Except as provided in subsection (b), the Attorney General may appoint a United States attorney for the district in which the office of United States attorney is vacant.
(b) The Attorney General shall not appoint as United States attorney a person to whose appointment by the President to that office the Senate refused to give advice and consent.
(c) A person appointed as United States attorney under this section may serve until the earlier of—
(1) the qualification of a United States attorney for such district appointed by the President under
(2) the expiration of 120 days after appointment by the Attorney General under this section.
(d) If an appointment expires under subsection (c)(2), the district court for such district may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| [None]. |
1948 Act
Prior section 506.—Based on title 28, U.S.C., 1940 ed., §511 (R.S. §793; June 24, 1898, ch. 495, §2,
Words "United States attorney" were substituted for "district attorney." (See Reviser's Note under section 501 [now 541] of this title.)
Words "The Supreme Court of the Territory, and the district court of the United States for the District of Columbia" were omitted as obsolete. This section, as revised, applies to all districts enumerated in
Words "and a copy shall be entered on the journal of the court" after "filed in the clerk's office of said court", in
The provisions of
Changes were made in phraseology.
Editorial Notes
Prior Provisions
A prior section 546, act June 25, 1948, ch. 646,
Amendments
2007—Subsecs. (c), (d).
2006—Subsecs. (c), (d).
1986—
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
"(a)
"(b)
"(1)
"(A) the qualification of a United States attorney for such district appointed by the President under section 541 of that title; or
"(B) 120 days after the date of enactment of this Act.
"(2)
§547. Duties
Except as otherwise provided by law, each United States attorney, within his district, shall—
(1) prosecute for all offenses against the United States;
(2) prosecute or defend, for the Government, all civil actions, suits or proceedings in which the United States is concerned;
(3) appear in behalf of the defendants in all civil actions, suits or proceedings pending in his district against collectors, or other officers of the revenue or customs for any act done by them or for the recovery of any money exacted by or paid to these officers, and by them paid into the Treasury;
(4) institute and prosecute proceedings for the collection of fines, penalties, and forfeitures incurred for violation of any revenue law, unless satisfied on investigation that justice does not require the proceedings; and
(5) make such reports as the Attorney General may direct.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| [None]. |
The word "shall" is substituted for "it shall be the duty of".
1948 Act
Prior section 507.—Based on
This section consolidates provisions of the sections enumerated above.
Other provisions of
All requirements in said sections for reports to officers other than the Attorney General are omitted as unnecessary and are simplified in subsection (a)(5) of this section. The Attorney General directs the course of litigation in government cases and makes appropriate rules for furnishing information promptly to the Departments interested.
Specific duties fixed by sections 485—489 of title 28, U.S.C., 1940 ed., and the second paragraph of
Use of "revenue law" in subsection (a)(4) in this section, which is based on
The following sections of said title 5, U.S.C., 1940 ed., are superseded by, covered by, or inconsistent with subsection (a)(2)(5) of this section, subsection (b) of this section [now
Section 323 requiring the General Counsel of the Treasury to make entries of bonds delivered to United States attorneys by collectors for suit until the amounts have been paid or judgments secured;
Section 324 requiring said General Counsel to examine and compare the reports made by collectors of bonds delivered by them to United States attorneys for suit, and of the returns of such bonds;
Section 329 authorizing said General Counsel to instruct United States attorneys, marshals and clerks in all matters relating to suits, except for taxes, forfeitures and penalties, and to require them to make such reports to him as he may direct. The first provision of
Provisions of
The last paragraph of this section [now
Changes in arrangement and phraseology were made.
Editorial Notes
Prior Provisions
A prior section 547, acts June 25, 1948, ch. 646,
§548. Salaries
Subject to
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| [None]. |
The words "
1948 Act
Prior section 508.—Based on
Section consolidates part of
According to a Department of Justice interpretation, provisions for specific salaries were superseded by
Other provisions of
Editorial Notes
Prior Provisions
A prior section 548, act June 25, 1948, ch. 646,
Amendments
1984—
Statutory Notes and Related Subsidiaries
Salary Increases
1969—Increase in the rates of pay of United States Attorneys and Assistant United States Attorneys whose annual salaries are fixed pursuant to this section, effective on the first day of the first pay period which begins on or after Dec. 27, 1969, by amounts equal, as nearly as may be practicable, to the increases provided pursuant to section 2 of
1967—
Section 211(a) of
1966—
Provision effective July 18, 1966, see section 109(1) of
1965—
1962—
Compensation of Incumbent United States Attorneys and Assistant United States Attorneys
Alaska, Canal Zone and Virgin Islands
Act Mar. 2, 1955, ch. 9, §2(b),
Salary Limitations
Acts Aug. 5, 1953, ch. 328, title II, §202,
§549. Expenses
Necessary office expenses of United States attorneys shall be allowed when authorized by the Attorney General.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| [None]. |
The second paragraph of former section 509 is omitted as it was superseded by the Travel Expense Act of 1949, which is codified in subchapter I of
The second paragraph was based in part on former
Section 6 of the Travel Expense Act of 1949, which is codified in
Sections 2 and 3 of the Act of 1949, which are codified in
Section 7 of the 1949 Act, which is codified in
Section 8 of the 1949 Act, which is codified in
Section 9 of the 1949 Act, which is codified in
1948 Act
Prior section 509.—Based on
Section consolidates parts of
First paragraph of this section is from
References in
The requirement in
Quarterly expense accounts were required of United States attorneys and marshals by
The exception in
Changes were made in phraseology.
Editorial Notes
Prior Provisions
A prior section 549, act June 25, 1948, ch. 646,
§550. Clerical assistants, messengers, and private process servers
The United States attorneys may employ clerical assistants, messengers, and private process servers on approval of the Attorney General.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| [None]. |
The words "and at salaries fixed by" are omitted as superseded by the Classification Act of 1949, as amended, which is codified in
1948 Act
Prior section 510.—Based on title 28, U.S.C., 1940 ed., §§484, 593 (May 28, 1896, ch. 252, §15,
Section consolidates and simplifies
Provision of said section 593 for office expenses of United States attorneys is covered by section 509 [now 549] of this title.
Said section 593 also required that payment of salaries of such clerks and messengers be made by the disbursing clerk of the Department of Justice. Under section 550 [see Prior Provisions note below] of this title the marshals will make such payments including the office expenses of United States attorneys.
The restriction that
The provision in such
Changes were made in phraseology.
Editorial Notes
Prior Provisions
A prior section 550, acts June 25, 1948, ch. 646,
A prior section 551, act June 25, 1948, ch. 646,
A prior section 552, act June 25, 1948, ch. 646,
A prior section 553, acts June 25, 1948, ch. 646,
A prior section 554, act June 25, 1948, ch. 646,
A prior section 555, act June 25, 1948, ch. 646,
A prior section 556, act June 25, 1948, ch. 646,
Amendments
1990—
Statutory Notes and Related Subsidiaries
Effective Date of 1990 Amendment
Amendment by
CHAPTER 37 —UNITED STATES MARSHALS SERVICE
Editorial Notes
Amendments
1988—
1984—
1982—
1972—
1966—
§561. United States Marshals Service
(a) There is hereby established a United States Marshals Service as a bureau within the Department of Justice under the authority and direction of the Attorney General. There shall be at the head of the United States Marshals Service (hereafter in this chapter referred to as the "Service") a Director who shall be appointed by the President, by and with the advice and consent of the Senate.
(b) The Director of the United States Marshals Service (hereafter in this chapter referred to as the "Director") shall, in addition to the powers and duties set forth in this chapter, exercise such other functions as may be delegated by the Attorney General.
(c) The President shall appoint, by and with the advice and consent of the Senate, a United States marshal for each judicial district of the United States and for the Superior Court of the District of Columbia, except that any marshal appointed for the Northern Mariana Islands may at the same time serve as marshal in another judicial district. Each United States marshal shall be an official of the Service and shall serve under the direction of the Director.
(d) Each marshal shall be appointed for a term of four years. A marshal shall, unless that marshal has resigned or been removed by the President, continue to perform the duties of that office after the end of that 4-year term until a successor is appointed and qualifies.
(e) The Director shall designate places within a judicial district for the official station and offices of each marshal. Each marshal shall reside within the district for which such marshal is appointed, except that—
(1) the marshal for the District of Columbia, for the Superior Court of the District of Columbia, and for the Southern District of New York may reside within 20 miles of the district for which the marshal is appointed; and
(2) any marshal appointed for the Northern Mariana Islands who at the same time is serving as marshal in another district may reside in such other district.
(f) The Director is authorized to appoint and fix the compensation of such employees as are necessary to carry out the powers and duties of the Service and may designate such employees as law enforcement officers in accordance with such policies and procedures as the Director shall establish pursuant to the applicable provisions of title 5 and regulations issued thereunder.
(g) The Director shall supervise and direct the United States Marshals Service in the performance of its duties.
(h) The Director may administer oaths and may take affirmations of officials and employees of the Service, but shall not demand or accept any fee or compensation therefor.
(i) Each marshal appointed under this section should have—
(1) a minimum of 4 years of command-level law enforcement management duties, including personnel, budget, and accountable property issues, in a police department, sheriff's office or Federal law enforcement agency;
(2) experience in coordinating with other law enforcement agencies, particularly at the State and local level;
(3) college-level academic experience; and
(4) experience in or with county, State, and Federal court systems or experience with protection of court personnel, jurors, and witnesses.
(Added
Editorial Notes
Prior Provisions
A prior section 561, added
Amendments
2006—Subsec. (i).
2002—Subsec. (i).
§562. Vacancies
(a) In the case of a vacancy in the office of a United States marshal, the Attorney General may designate a person to perform the functions of and act as marshal, except that the Attorney General may not designate to act as marshal any person who was appointed by the President to that office but with respect to such appointment the Senate has refused to give its advice and consent.
(b) A person designated by the Attorney General under subsection (a) may serve until the earliest of the following events:
(1) The entry into office of a United States marshal appointed by the President, pursuant to section 561(c).
(2) The expiration of the thirtieth day following the end of the next session of the Senate.
(3) If such designee of the Attorney General is appointed by the President pursuant to section 561(c), but the Senate refuses to give its advice and consent to the appointment, the expiration of the thirtieth day following such refusal.
(Added
Editorial Notes
Prior Provisions
A prior section 562, added
§563. Oath of office
The Director and each United States marshal and law enforcement officer of the Service, before taking office, shall take an oath or affirmation to faithfully execute the duties of that office.
(Added
Editorial Notes
Prior Provisions
A prior section 563, added
§564. Powers as sheriff
United States marshals, deputy marshals and such other officials of the Service as may be designated by the Director, in executing the laws of the United States within a State, may exercise the same powers which a sheriff of the State may exercise in executing the laws thereof.
(Added
Editorial Notes
Prior Provisions
A prior section 564, added
§565. Expenses of the Service
The Director is authorized to use funds appropriated for the Service to make payments for expenses incurred pursuant to personal services contracts and cooperative agreements, authorized by the Attorney General, for security guards and for the service of summons on complaints, subpoenas, and notices in lieu of services by United States marshals and deputy marshals.
(Added
Editorial Notes
Prior Provisions
A prior section 565, added
§566. Powers and duties
(a) It is the primary role and mission of the United States Marshals Service to provide for the security and to obey, execute, and enforce all orders of the United States District Courts, the United States Courts of Appeals, the Court of International Trade, and the United States Tax Court, as provided by law.
(b) The United States marshal of each district is the marshal of the district court and of the court of appeals when sitting in that district, and of the Court of International Trade holding sessions in that district, and may, in the discretion of the respective courts, be required to attend any session of court.
(c) Except as otherwise provided by law or Rule of Procedure, the United States Marshals Service shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute its duties.
(d) Each United States marshal, deputy marshal, and any other official of the Service as may be designated by the Director may carry firearms and make arrests without warrant for any offense against the United States committed in his or her presence, or for any felony cognizable under the laws of the United States if he or she has reasonable grounds to believe that the person to be arrested has committed or is committing such felony.
(e)(1) The United States Marshals Service is authorized to—
(A) provide for the personal protection of Federal jurists, court officers, witnesses, and other threatened persons in the interests of justice where criminal intimidation impedes on the functioning of the judicial process or any other official proceeding;
(B) investigate such fugitive matters, both within and outside the United States, as directed by the Attorney General;
(C) issue administrative subpoenas in accordance with
(D) assist State, local, and other Federal law enforcement agencies, upon the request of such an agency, in locating and recovering missing children.
(2) Nothing in paragraph (1)(B) shall be construed to interfere with or supersede the authority of other Federal agencies or bureaus.
(f) In accordance with procedures established by the Director, and except for public money deposited under
(g) Prior to resignation, retirement, or removal from office—
(1) a United States marshal shall deliver to the marshal's successor all prisoners in his custody and all unserved process; and
(2) a deputy marshal shall deliver to the marshal all process in the custody of the deputy marshal.
(h) The United States marshals shall pay such office expenses of United States Attorneys as may be directed by the Attorney General.
(i) The Director of the United States Marshals Service shall consult with the Judicial Conference of the United States on a continuing basis regarding the security requirements for the judicial branch of the United States Government, to ensure that the views of the Judicial Conference regarding the security requirements for the judicial branch of the Federal Government are taken into account when determining staffing levels, setting priorities for programs regarding judicial security, and allocating judicial security resources. In this paragraph, the term "judicial security" includes the security of buildings housing the judiciary, the personal security of judicial officers, the assessment of threats made to judicial officers, and the protection of all other judicial personnel. The United States Marshals Service retains final authority regarding security requirements for the judicial branch of the Federal Government.
(Added
Editorial Notes
Prior Provisions
A prior section 566, added
Amendments
2015—Subsec. (e)(1)(D).
2012—Subsec. (e)(1)(C).
2008—Subsec. (a).
Subsec. (i).
Statutory Notes and Related Subsidiaries
Fugitive Apprehension Task Forces
Executive Documents
Ex. Ord. No. 13977. Protecting Law Enforcement Officers, Judges, Prosecutors, and Their Families
Ex. Ord. No. 13977, Jan. 18, 2021, 86 F.R. 6803, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Judges, prosecutors, and law enforcement officers should not have to choose between public service and subjecting themselves and their families to danger. My Administration has no higher priorities than preserving the rule of law in our country and protecting the men and women who serve under its flag. Accordingly, I am ordering enhanced protections for judges, prosecutors, and law enforcement officers. Federal law already allows Federal and State law enforcement officers to protect themselves by carrying a concealed firearm, but the Federal Government can do more to cut the red tape that Federal law enforcement officers must navigate to exercise their right. The current threat to Federal prosecutors also demands an expansion of their ability to carry a concealed firearm, as allowed under the Department of Justice's existing authorities. Finally, the Congress should act expeditiously to adopt legislation extending the right to carry a concealed firearm to Federal judges and pass other measures that will expand our capacity to combat threats of violence against judges, prosecutors, and law enforcement officers.
(b) The heads of all executive departments and agencies (agencies) that employ or have employed qualified law enforcement officers or qualified retired law enforcement officers, as those terms are defined in the LEOSA, shall act expeditiously to implement the policy set by subsection (a) of this section.
(c) The heads of all agencies that employ or have employed qualified law enforcement officers or qualified retired law enforcement officers, as those terms are defined in the LEOSA, shall submit a report to the President, through the Assistant to the President for Domestic Policy, within 30 days of the date of this order [Jan. 18, 2021], reporting on the implementation of this order and analyzing qualified persons' ability to carry a concealed firearm under the LEOSA.
(d) The report required by subsection (c) of this section shall:
(i) identify any obstacles that the agency's qualified law enforcement officers or qualified retired law enforcement officers presently face in carrying a concealed firearm under the LEOSA;
(ii) identify any categories of the agency's qualified law enforcement officers or qualified retired law enforcement officers who are presently unable to carry a concealed firearm under the LEOSA;
(iii) identify the steps the agency has taken to implement the policy set by subsection (a) of this section; and
(iv) identify the steps the agency plans to take in the future to implement the policy set by subsection (a) and explain why it was not possible to take these steps before the report was submitted.
(b) The regulation proposed pursuant to this section shall:
(i) include with the special deputation the power to possess and carry firearms but not include law enforcement powers such as the power to make arrests for violations of Federal law and the court-related duties of United States Marshals; and
(ii) require appropriate training in firearm safety and use as a condition to any special deputation.
(c) Within 30 days of the date of this order, the Attorney General shall revise other Department policies to permit special deputation consistent with subsections (a) and (b) of this section to the extent consistent with applicable law.
(b) The Attorney General shall prioritize the investigation and prosecution of Federal crimes involving actual or threatened violence against judges, prosecutors, or law enforcement officers or their family members, if the family member was targeted because of that person's relation to a judge, prosecutor, or law enforcement officer.
(c) The Attorney General and Secretary of Homeland Security shall coordinate a review within the executive branch to assess the feasibility, as appropriate and consistent with applicable law, of facilitating the removal of, or minimizing the availability of, personally identifiable information appearing in public sources of judges, prosecutors, and law enforcement officers employed by the Federal Government, and shall use the results of this review to inform such persons of related security vulnerabilities.
(d) Within 30 days of the date of this order, the Attorney General shall assess the need to revise subsection 0.111(e) of title 28, Code of Federal Regulations, to protect Federal prosecutors. If any revision is needed, the Attorney General shall take immediate steps to issue a proposed rule that would amend section 0.111(e) accordingly.
(e) The heads of all agencies shall examine the extent to which they collect personally identifiable information from judges, prosecutors, or law enforcement officers, and as appropriate and consistent with applicable law, allow such persons to provide a Post Office box address in lieu of home address information.
(b) The proposed legislation described in subsection (a) of this section shall:
(i) authorize current and former Federal judges and current and former Federal prosecutors to possess or carry firearms when they or their family members face risk of harm as a result of their Federal government service, irrespective of Federal, State, and local laws which may restrict the possession or carrying of firearms;
(ii) promote the removal and minimization of personally identifiable information from public websites and records of current and former judges, prosecutors, and law enforcement officers, as appropriate and as allowed under the Constitution;
(iii) expand the ability of judges, prosecutors, and law enforcement officers to use Post Office box addresses in lieu of home address information;
(iv) authorize additional appropriations and authority for the Department of Homeland Security, Marshals Service, and Federal Bureau of Investigation, including appropriations to hire and train additional personnel and authority for agencies to respond to both civil unrest and threats to Federal courthouses;
(v) increase penalties for threatened and actual violence against Federal judges, prosecutors, and law enforcement officers and their families, including providing that violence against a Federal judge, prosecutor, or law enforcement officer's family member shall be punished as though the act was committed against the Federal judge, prosecutor, or law enforcement officer if the family member was targeted because of that person's relation to a Federal judge, prosecutor, or law enforcement officer;
(vi) prevent State and local governments from obstructing the ability of qualified law enforcement officers and qualified retired law enforcement officers, as those terms are defined by the LEOSA, from carrying a concealed firearm pursuant to the LEOSA, including by refusing to issue identification documents; and
(vii) propose other amendments to strengthen the LEOSA, if appropriate.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
§567. Collection of fees; accounting
(a) Each United States marshal shall collect, as far as possible, his lawful fees and account for the same as public moneys.
(b) The marshal's accounts of fees and costs paid to a witness or juror on certificate of attendance issued as provided by
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| [None]. |
In subsection (b), the words "may not" are substituted for "shall not".
1948 Act
Prior section 551.—Based on title 28, U.S.C., 1940 ed., §§577, 578a (R.S. §846; May 28, 1896, ch. 252, §§6, 13, 24,
Section consolidates first sentence of section 577 with
The qualification that payments of witness fees or costs be made upon "order of court," contained in said
The provision of
Editorial Notes
Prior Provisions
A prior section 567, added
Amendments
1988—
§568. Practice of law prohibited
A United States marshal or deputy marshal may not practice law in any court of the United States.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| [None]. |
The words "may not" are substituted for "shall not".
1948 Act
Prior section 556.—Based on title 28, U.S.C., 1940 ed., §§395 and 396 (Mar. 3, 1911, ch. 231, §§273, 274,
Section consolidates parts of
The revised section substitutes, as simpler and more appropriate, the prohibition against practice of law "in any court of the United States" for the more involved language of
Provisions of
Changes were made in phraseology.
Editorial Notes
Prior Provisions
A prior section 568, added
Amendments
1988—
§569. Reemployment rights
(a) A United States marshal for a judicial district who was appointed from a position in the competitive service (as defined in
(1) the individual is qualified for the vacant position; and
(2) the individual has made application for the position not later than ninety days after being removed from office as a United States marshal.
Such individual shall be so reemployed within thirty days after making such application or after being removed from office, whichever is later. An individual denied reemployment under this section in a position because the individual is not qualified for that position may appeal that denial to the Merit Systems Protection Board under
(b) Any United States marshal serving on the effective date of this section shall continue to serve for the remainder of the term for which such marshal was appointed, unless sooner removed by the President.
(Added
Editorial Notes
References in Text
The effective date of this section, referred to in subsec. (b), is Oct. 1, 1984. See Effective Date note set out below.
Prior Provisions
A prior section 569, added
Amendments
1988—
Statutory Notes and Related Subsidiaries
Effective Date
[§§570, 571. Repealed. Pub. L. 100–690, title VII, §7608(a)(1), Nov. 18, 1988, 102 Stat. 4512 ]
Section 570, added
Section 571, added
[§572. Renumbered §567]
[§§572a to 574. Repealed. Pub. L. 100–690, title VII, §7608(a)(2)(A), Nov. 18, 1988, 102 Stat. 4514 ]
Section 572a, added
Section 573, added
Section 574, added
[§§575, 576. Renumbered §§568, 569]
CHAPTER 39 —UNITED STATES TRUSTEES
Editorial Notes
Amendments
2005—
1986—
United States Trustee Pilot; Repeal of Bankruptcy Provisions Relating to United States Trustees
§581. United States trustees
(a) The Attorney General shall appoint one United States trustee for each of the following regions composed of Federal judicial districts (without regard to section 451):
(1) The judicial districts established for the States of Maine, Massachusetts, New Hampshire, and Rhode Island.
(2) The judicial districts established for the States of Connecticut, New York, and Vermont.
(3) The judicial districts established for the States of Delaware, New Jersey, and Pennsylvania.
(4) The judicial districts established for the States of Maryland, North Carolina, South Carolina, Virginia, and West Virginia and for the District of Columbia.
(5) The judicial districts established for the States of Louisiana and Mississippi.
(6) The Northern District of Texas and the Eastern District of Texas.
(7) The Southern District of Texas and the Western District of Texas.
(8) The judicial districts established for the States of Kentucky and Tennessee.
(9) The judicial districts established for the States of Michigan and Ohio.
(10) The Central District of Illinois and the Southern District of Illinois; and the judicial districts established for the State of Indiana.
(11) The Northern District of Illinois; and the judicial districts established for the State of Wisconsin.
(12) The judicial districts established for the States of Minnesota, Iowa, North Dakota, and South Dakota.
(13) The judicial districts established for the States of Arkansas, Nebraska, and Missouri.
(14) The District of Arizona.
(15) The Southern District of California; and the judicial districts established for the State of Hawaii, and for Guam and the Commonwealth of the Northern Mariana Islands.
(16) The Central District of California.
(17) The Eastern District of California and the Northern District of California; and the judicial district established for the State of Nevada.
(18) The judicial districts established for the States of Alaska, Idaho (exclusive of Yellowstone National Park), Montana (exclusive of Yellowstone National Park), Oregon, and Washington.
(19) The judicial districts established for the States of Colorado, Utah, and Wyoming (including those portions of Yellowstone National Park situated in the States of Montana and Idaho).
(20) The judicial districts established for the States of Kansas, New Mexico, and Oklahoma.
(21) The judicial districts established for the States of Alabama, Florida, and Georgia and for the Commonwealth of Puerto Rico and the Virgin Islands of the United States.
(b) Each United States trustee shall be appointed for a term of five years. On the expiration of his term, a United States trustee shall continue to perform the duties of his office until his successor is appointed and qualifies.
(c) Each United States trustee is subject to removal by the Attorney General.
(Added
Editorial Notes
Codification
Section 408(c) of
Amendments
1986—Subsec. (a).
"(1) District of Maine, District of New Hampshire, District of Massachusetts, and District of Rhode Island.
"(2) Southern District of New York.
"(3) District of Delaware and District of New Jersey.
"(4) Eastern District of Virginia and District of District of Columbia.
"(5) Northern District of Alabama.
"(6) Northern District of Texas.
"(7) Northern District of Illinois.
"(8) District of Minnesota, District of North Dakota, District of South Dakota.
"(9) Central District of California.
"(10) District of Colorado and District of Kansas."
Subsec. (b).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment; Transition and Administrative Provisions
"SEC. 301. INCUMBENT UNITED STATES TRUSTEES.
"(a)
"(b)
"(1) 2 years after the expiration date of such term of office under such section, as so in effect, or
"(2) 4 years after the date of the enactment of this Act,
whichever occurs first.
"SEC. 302. EFFECTIVE DATES; APPLICATION OF AMENDMENTS.
"(a)
"(b)
"(c)
"(2)
"(3) Until the amendments made by subtitle A of title II of this Act [§§201 to 231 of
"(A)(i) any reference in
"(ii) any reference in such section 326(b) to
"(iii) any reference in such section 326(b) to
"(B)(i) the first two references in
"(ii) any reference in such section 1202(a) to
"(d)
"(1)
"(i) become effective in or with respect to a judicial district specified in subparagraph (B) until, or
"(ii) apply to cases while pending in such district before,
the expiration of the 270-day period beginning on the effective date of this Act or of the 30-day period beginning on the date the Attorney General certifies under section 303 of this Act the region specified in a paragraph of
"(B) Subparagraph (A) applies to the following:
"(i) The judicial district established for the Commonwealth of Puerto Rico.
"(ii) The District of Connecticut.
"(iii) The judicial districts established for the State of New York (other than the Southern District of New York).
"(iv) The District of Vermont.
"(v) The judicial districts established for the State of Pennsylvania.
"(vi) The judicial district established for the Virgin Islands of the United States.
"(vii) The District of Maryland.
"(viii) The judicial districts established for the State of North Carolina.
"(ix) The District of South Carolina.
"(x) The judicial districts established for the State of West Virginia.
"(xi) The Western District of Virginia.
"(xii) The Eastern District of Texas.
"(xiii) The judicial districts established for the State of Wisconsin.
"(xiv) The judicial districts established for the State of Iowa.
"(xv) The judicial districts established for the State of New Mexico.
"(xvi) The judicial districts established for the State of Oklahoma.
"(xvii) The District of Utah.
"(xviii) The District of Wyoming (including those portions of Yellowstone National Park situated in the States of Montana and Idaho).
"(xix) The judicial districts established for the State of Alabama.
"(xx) The judicial districts established for the State of Florida.
"(xxi) The judicial districts established for the State of Georgia.
"(2)
"(i) become effective in or with respect to a judicial district specified in subparagraph (B) until, or
"(ii) apply to cases while pending in such district before,
the expiration of the 2-year period beginning on the effective date of this Act or of the 30-day period beginning on the date the Attorney General certifies under section 303 of this Act the region specified in a paragraph of
"(B) Subparagraph (A) applies to the following:
"(i) The judicial districts established for the State of Louisiana.
"(ii) The judicial districts established for the State of Mississippi.
"(iii) The Southern District of Texas and the Western District of Texas.
"(iv) The judicial districts established for the State of Kentucky.
"(v) The judicial districts established for the State of Tennessee.
"(vi) The judicial districts established for the State of Michigan.
"(vii) The judicial districts established for the State of Ohio.
"(viii) The judicial districts established for the State of Illinois (other than the Northern District of Illinois).
"(ix) The judicial districts established for the State of Indiana.
"(x) The judicial districts established for the State of Arkansas.
"(xi) The judicial districts established for the State of Nebraska.
"(xii) The judicial districts established for the State of Missouri.
"(xiii) The District of Arizona.
"(xiv) The District of Hawaii.
"(xv) The judicial district established for Guam.
"(xvi) The judicial district established for the Commonwealth of the Northern Mariana Islands.
"(xvii) The judicial districts established for the State of California (other than the Central District of California).
"(xviii) The District of Nevada.
"(xix) The District of Alaska.
"(xx) The District of Idaho.
"(xxi) The District of Montana.
"(xxii) The District of Oregon.
"(xxiii) The judicial districts established for the State of Washington.
"(3)
"(i) become effective in or with respect to a judicial district specified in subparagraph (E) until, or
"(ii) apply to cases while pending in such district before,
such district elects to be included in a bankruptcy region established in
"(B) Any election under subparagraph (A) shall be made upon a majority vote of the chief judge of such district and each bankruptcy judge in such judicial district in favor of such election.
"(C) Notice that an election has been made under subparagraph (A) shall be given, not later than 10 days after such election, to the Attorney General and the appropriate Federal Circuit Court of Appeals for such district.
"(D) Any election made under subparagraph (A) shall become effective on the date the amendments made by subtitle A of title II of this Act become effective in the region that includes such district or 30 days after the Attorney General receives the notice required under subparagraph (C), whichever occurs later.
"(E) Subparagraph (A) applies to the following:
"(i) The judicial districts established for the State of Alabama.
"(ii) The judicial districts established for the State of North Carolina.
"(F)(i) Subject to clause (ii), with respect to cases under chapters 7, 11, 12, and 13 of
"(I) commenced before the effective date of this Act, and
"(II) pending in a judicial district in the State of Alabama or the State of North Carolina before any election made under subparagraph (A) by such district becomes effective,
the amendments made by section 113 [amending
"(ii) For purposes of clause (i), the amendments made by section 113 and subtitle A of title II of this Act, and
"(I) the trustee in the case files the final report and account of administration of the estate, required under section 704 of such title, or
"(II) a plan is confirmed under section 1129, 1225, or 1325 of such title,
before the expiration of the 1-year period beginning on the date such election becomes effective.
"(G) Notwithstanding
"(H) The repeal made by section 231 of this Act [repealing
"(I) In any judicial district in the State of Alabama or the State of North Carolina that has not made the election described in subparagraph (A), any person who is appointed under regulations issued by the Judicial Conference of the United States to administer estates in cases under
"(i) establish, maintain, and supervise a panel of private trustees that are eligible and available to serve as trustees in cases under
"(ii) supervise the administration of cases and trustees in cases under chapters 7, 11, 12, and 13 of
until the amendments made by subtitle A of title II take effect in such district.
"(e)
"(1)
"(A) commenced before the effective date of this Act, and
"(B) pending in a judicial district referred to in
the amendments made by section 113 [amending
"(2)
"(A) the trustee in the case files the final report and account of administration of the estate, required under section 704 of such title, or
"(B) a plan is confirmed under section 1129, 1225, or 1325 of such title,
before the expiration of the 3-year period, or the expiration of the 1-year period, specified in paragraph (1), whichever occurs first.
"(3)
"SEC. 303. CERTIFICATION OF JUDICIAL DISTRICTS; NOTICE AND PUBLICATION OF CERTIFICATION.
"(a)
"(b)
"(1) transmit a copy of such certification to the Speaker of the House of Representatives and to the President pro tempore of the Senate, and
"(2) publish such certification in the Federal Register.
"SEC. 304. ADMINISTRATIVE PROVISIONS.
"(a)
"(1) use—
"(A) the services, equipment, personnel, records, reports, and data compilations, in any form, of the courts of the United States, and
"(B) the facilities of such courts, and
"(2) cooperate in the use by the courts of the United States of—
"(A) the services, equipment, personnel, records, reports, and data compilations, in any form, of United States trustees, and
"(B) the facilities of such trustees,
to prevent duplication during the 2-year period beginning on the effective date of this Act.
"(b)
"(1) cases and proceedings under
"(2) the duties of United States trustees under titles 11 and 28 of the United States Code.
"SEC. 305. APPLICATION OF CERTAIN BANKRUPTCY RULES.
"(a)
"(b)
"SEC. 306. SALARY OF INCUMBENT UNITED STATES TRUSTEES.
"For service as a United States trustee in the period beginning on the effective date of this Act and ending on the expiration under section 301 of this Act of their respective terms of office, the salary payable to United States trustees serving in such offices on the effective date of this Act shall be fixed in accordance with
"SEC. 307. PRESERVATION OF UNITED STATES TRUSTEE SYSTEM DURING PENDENCY OF LEGISLATION; REPEALER.
"(a)
"(b)
"SEC. 308. CONSIDERATION OF CURRENT PRIVATE TRUSTEES FOR APPOINTMENT BY UNITED STATES TRUSTEES.
"(a)
"(b)
"SEC. 309. APPOINTMENT OF UNITED STATES TRUSTEES BY THE ATTORNEY GENERAL.
"It is the sense of the Congress that individuals otherwise qualified who are serving, before the effective date of this Act, as estate administrators under
"SEC. 310. ELECTRONIC CASE MANAGEMENT DEMONSTRATION PROJECT.
"(a)
"(1) on the basis of competitive bids submitted by qualified nongovernmental entities that are able to design an automated joint information system for use by the United States courts and by United States trustees, and
"(2) in accordance with the Federal Property and Administrative Services Act of 1949 [see chapters 1 to 11 of Title 40, Public Buildings, Property, and Works, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts], the Office of Federal Procurement Policy Act [see division B (except sections 1123, 2303, 2304, and 2313) of subtitle I of Title 41], and
"(b)
"(c)
"(1) the expiration of the 2-year period beginning on the date the electronic case management system begins to operate in all of the judicial districts participating in such project, or
"(2) legislation is enacted to extend, expand, modify, or terminate the operation of such project,
whichever occurs first.
"(d)
"(1) maintaining a complete electronic case file of all relevant information contained in petitions and schedules (and any amendments thereto) relating to debtors in cases under
"(A) a complete list of creditors in each such case, as listed by the debtor,
"(B) a complete list of assets scheduled by the debtor, the value of such asset, and any action taken by the trustee or debtor in possession with regard to such asset during the pendency of such case,
"(C) a complete list of debts and, with respect to each debt—
"(i) any priority of such debt under
"(ii) whether such debt is secured or unsecured, and
"(iii) whether such debt is contingent or noncontingent, and
"(D) the debtor's statements of current expenses and income, and
"(2) maintaining all calendars and dockets and producing all notices required to be sent in cases under
"(e)
"(1) complete electronic case files which contain, in addition to the information listed in subsection (d), records of case openings, case closings, hearings, and the filing of all motions, trustee appointments, pleadings, and responses, as well as a record of the responses by the United States trustee to those motions, trustee appointments, and pleadings,
"(2) a means to generate standardized forms for motions, appointments, pleadings, and responses,
"(3) a means to generate standard management reports and letters on an exception basis,
"(4) a means to maintain accounting records, reports, and information required to be maintained by debtors in possession and trustees in cases under
"(5) a means to calculate and record distribution to creditors, final applications and orders for distribution, and final case closing reports, and
"(6) a means to monitor the payment of filing and other required fees.
"(f)
"(1) The Congress.
"(2) The Executive Office for the United States Trustees.
"(3) The Administrative Office of the United States Courts.
"(4) The clerks of the courts in judicial districts in which such system is operated and persons who review case information, in accordance with
"(5) The judges on the bankruptcy and district courts in districts in which such system is operated.
"(6) Trustees in cases pending in districts in which such system is operated.
"(g)
"(2) Access to information maintained in electronic case files pursuant to the demonstration project may be provided to persons other than those specified in subsection (f), but such access shall be limited to viewing such information only. A reasonable charge for such access may be collected by the entity which is awarded a contract under this section, in accordance with the guidelines established by the Director of the Executive Office for the United States Trustees in such contract. A reasonable portion of any charge so collected may be required by the Director to be remitted to the Executive Office for United States Trustees and deposited in the United States Trustee System Fund established in
"(h)
"SEC. 311. CASES PENDING UNDER THE BANKRUPTCY ACT.
"At the end of one calendar year following the date the amendments made by subtitle A of title II of this Act [§§201 to 231 of
Effective Date
Chapter effective Oct. 1, 1979, see section 402(c) of
Short Title of 1986 Amendment
Bankruptcy Crimes
"(1) the number and types of criminal referrals made by the United States Trustee Program;
"(2) the outcomes of each criminal referral;
"(3) for any year in which the number of criminal referrals is less than for the prior year, an explanation of the decrease; and
"(4) the United States Trustee Program's efforts to prevent bankruptcy fraud and abuse, particularly with respect to the establishment of uniform internal controls to detect common, higher risk frauds, such as a debtor's failure to disclose all assets."
§582. Assistant United States trustees
(a) The Attorney General may appoint one or more assistant United States trustees in any region when the public interest so requires.
(b) Each assistant United States trustee is subject to removal by the Attorney General.
(Added
Editorial Notes
Codification
Section 408(c) of
Amendments
1986—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
Appointment of United States Trustees by Attorney General
For sense of Congress concerning consideration of estate administrators under title 11 by the Attorney General for appointment under this section as U.S. trustee and assistant U.S. trustee, see section 309 of
§583. Oath of office
Each United States trustee and assistant United States trustee, before taking office, shall take an oath to execute faithfully his duties.
(Added
Editorial Notes
Codification
Section 408(c) of
§584. Official stations
The Attorney General may determine the official stations of the United States trustees and assistant United States trustees within the regions for which they were appointed.
(Added
Editorial Notes
Codification
Section 408(c) of
Amendments
1986—
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
§585. Vacancies
(a) The Attorney General may appoint an acting United States trustee for a region in which the office of the United States trustee is vacant. The individual so appointed may serve until the date on which the vacancy is filled by appointment under
(b) The Attorney General may designate a United States trustee to serve in not more than two regions for such time as the public interest requires.
(Added
Editorial Notes
Codification
Section 408(c) of
Amendments
1986—
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
§586. Duties; supervision by Attorney General
(a) Each United States trustee, within the region for which such United States trustee is appointed, shall—
(1) establish, maintain, and supervise a panel of private trustees that are eligible and available to serve as trustees in cases under
(2) serve as and perform the duties of a trustee in a case under title 11 when required under title 11 to serve as trustee in such a case;
(3) supervise the administration of cases and trustees in cases under
(A)(i) reviewing, in accordance with procedural guidelines adopted by the Executive Office of the United States Trustee (which guidelines shall be applied uniformly by the United States trustee except when circumstances warrant different treatment), applications filed for compensation and reimbursement under
(ii) filing with the court comments with respect to such application and, if the United States Trustee considers it to be appropriate, objections to such application;
(B) monitoring plans and disclosure statements filed in cases under
(C) monitoring plans filed under chapters 12 and 13 of title 11 and filing with the court, in connection with hearings under sections 1224, 1229, 1324, and 1329 of such title, comments with respect to such plans;
(D) taking such action as the United States trustee deems to be appropriate to ensure that all reports, schedules, and fees required to be filed under title 11 and this title by the debtor are properly and timely filed;
(E) monitoring creditors' committees appointed under title 11;
(F) notifying the appropriate United States attorney of matters which relate to the occurrence of any action which may constitute a crime under the laws of the United States and, on the request of the United States attorney, assisting the United States attorney in carrying out prosecutions based on such action;
(G) monitoring the progress of cases under title 11 and taking such actions as the United States trustee deems to be appropriate to prevent undue delay in such progress;
(H) in small business cases (as defined in
(I) monitoring applications filed under
(4) deposit or invest under
(5) perform the duties prescribed for the United States trustee under title 11 and this title, and such duties consistent with title 11 and this title as the Attorney General may prescribe;
(6) make such reports as the Attorney General directs, including the results of audits performed under section 603(a) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005;
(7) in each of such small business cases—
(A) conduct an initial debtor interview as soon as practicable after the date of the order for relief but before the first meeting scheduled under
(i) begin to investigate the debtor's viability;
(ii) inquire about the debtor's business plan;
(iii) explain the debtor's obligations to file monthly operating reports and other required reports;
(iv) attempt to develop an agreed scheduling order; and
(v) inform the debtor of other obligations;
(B) if determined to be appropriate and advisable, visit the appropriate business premises of the debtor, ascertain the state of the debtor's books and records, and verify that the debtor has filed its tax returns; and
(C) review and monitor diligently the debtor's activities, to determine as promptly as possible whether the debtor will be unable to confirm a plan; and
(8) in any case in which the United States trustee finds material grounds for any relief under
(b) If the number of cases under subchapter V of
(c) Each United States trustee shall be under the general supervision of the Attorney General, who shall provide general coordination and assistance to the United States trustees.
(d)(1) The Attorney General shall prescribe by rule qualifications for membership on the panels established by United States trustees under paragraph (a)(1) of this section, and qualifications for appointment under subsection (b) of this section to serve as standing trustee in cases under subchapter V of
(2) A trustee whose appointment under subsection (a)(1) or under subsection (b) is terminated or who ceases to be assigned to cases filed under
(e)(1) The Attorney General, after consultation with a United States trustee that has appointed an individual under subsection (b) of this section to serve as standing trustee in cases under subchapter V of
(A) a maximum annual compensation for such individual consisting of—
(i) an amount not to exceed the highest annual rate of basic pay in effect for level V of the Executive Schedule; and
(ii) the cash value of employment benefits comparable to the employment benefits provided by the United States to individuals who are employed by the United States at the same rate of basic pay to perform similar services during the same period of time; and
(B) a percentage fee not to exceed—
(i) in the case of a debtor who is not a family farmer, ten percent; or
(ii) in the case of a debtor who is a family farmer, the sum of—
(I) not to exceed ten percent of the payments made under the plan of such debtor, with respect to payments in an aggregate amount not to exceed $450,000; and
(II) three percent of payments made under the plan of such debtor, with respect to payments made after the aggregate amount of payments made under the plan exceeds $450,000;
based on such maximum annual compensation and the actual, necessary expenses incurred by such individual as standing trustee.
(2) Such individual shall collect such percentage fee from all payments received by such individual under plans in the cases under subchapter V of
(A) any amount by which the actual compensation of such individual exceeds 5 per centum upon all payments received under plans in cases under subchapter V of
(B) any amount by which the percentage for all such cases exceeds—
(i) such individual's actual compensation for such cases, as adjusted under subparagraph (A) of paragraph (1); plus
(ii) the actual, necessary expenses incurred by such individual as standing trustee in such cases. Subject to the approval of the Attorney General, any or all of the interest earned from the deposit of payments under plans by such individual may be utilized to pay actual, necessary expenses without regard to the percentage limitation contained in subparagraph (d)(1)(B) of this section.
(3) After first exhausting all available administrative remedies, an individual appointed under subsection (b) may obtain judicial review of final agency action to deny a claim of actual, necessary expenses under this subsection by commencing an action in the district court of the United States for the district where the individual resides. The decision of the agency shall be affirmed by the district court unless it is unreasonable and without cause based upon the administrative record before the agency.
(4) The Attorney General shall prescribe procedures to implement this subsection.
(5) In the event that the services of the trustee in a case under subchapter V of
(f)(1) The United States trustee for each district is authorized to contract with auditors to perform audits in cases designated by the United States trustee, in accordance with the procedures established under section 603(a) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
(2)(A) The report of each audit referred to in paragraph (1) shall be filed with the court and transmitted to the United States trustee. Each report shall clearly and conspicuously specify any material misstatement of income or expenditures or of assets identified by the person performing the audit. In any case in which a material misstatement of income or expenditures or of assets has been reported, the clerk of the district court (or the clerk of the bankruptcy court if one is certified under
(B) If a material misstatement of income or expenditures or of assets is reported, the United States trustee shall—
(i) report the material misstatement, if appropriate, to the United States Attorney pursuant to
(ii) if advisable, take appropriate action, including but not limited to commencing an adversary proceeding to revoke the debtor's discharge pursuant to
(Added
Editorial Notes
References in Text
Section 603(a) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, referred to in subsecs. (a)(6) and (f)(1), is section 603(a) of
Level V of the Executive Schedule, referred to in subsec. (e)(1)(A)(i), is set out in
Codification
Section 408(c) of
Amendments
2019—Subsec. (a)(3).
Subsec. (b).
Subsec. (d)(1).
Subsec. (e)(1), (2).
Subsec. (e)(5).
2010—Subsec. (a)(3)(A)(ii).
Subsec. (a)(7)(C).
Subsec. (a)(8).
2005—Subsec. (a)(3).
Subsec. (a)(3)(H), (I).
Subsec. (a)(6).
Subsec. (a)(7), (8).
Subsec. (d).
Subsec. (e)(3), (4).
Subsec. (f).
1994—Subsec. (a)(3).
1990—Subsec. (e)(1)(A).
1986—Subsec. (a).
Subsec. (a)(3).
Subsec. (a)(5).
Subsec. (b).
Subsec. (d).
Subsec. (e).
"(1) The Attorney General, after consultation with a United States trustee that has appointed an individual under subsection (b) of this section to serve as standing trustee in cases under
"(A) a maximum annual compensation for such individual, not to exceed the lowest annual rate of basic pay in effect for grade GS–16 of the General Schedule prescribed under
"(B) a percentage fee, not to exceed ten percent, based on such maximum annual compensation and the actual, necessary expenses incurred by such individual as standing trustee.
"(2) Such individual shall collect such percentage fee from all payments under plans in the cases under
"(A) any amount by which the actual compensation of such individual exceeds five percent upon all payments under plans in cases under
"(B) any amount by which the percentage for all such cases exceeds—
"(i) such individual actual compensation for such cases, as adjusted under subparagraph (A) of this paragraph; plus
"(ii) the actual, necessary expenses incurred by such individual as standing trustee in such cases."
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by
Effective Date of 2005 Amendment
Amendment by sections 439, 802(c)(3), and 1231 of
Amendment by section 603(b) of
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1986 Amendment
Effective date and applicability of amendment by
Audit Procedures
"(1)
"(2)
"(A) establish a method of selecting appropriate qualified persons to contract to perform those audits;
"(B) establish a method of randomly selecting cases to be audited, except that not less than 1 out of every 250 cases in each Federal judicial district shall be selected for audit;
"(C) require audits of schedules of income and expenses that reflect greater than average variances from the statistical norm of the district in which the schedules were filed if those variances occur by reason of higher income or higher expenses than the statistical norm of the district in which the schedules were filed; and
"(D) establish procedures for providing, not less frequently than annually, public information concerning the aggregate results of such audits including the percentage of cases, by district, in which a material misstatement of income or expenditures is reported."
Application to All Standing Trustees
§587. Salaries
Subject to
(Added
Editorial Notes
Codification
Section 408(c) of
Amendments
1986—
Statutory Notes and Related Subsidiaries
Effective Date of 1986 Amendment
Amendment by
§588. Expenses
Necessary office expenses of the United States trustee shall be allowed when authorized by the Attorney General.
(Added
Editorial Notes
Codification
Section 408(c) of
§589. Staff and other employees
The United States trustee may employ staff and other employees on approval of the Attorney General.
(Added
Editorial Notes
Codification
Section 408(c) of
Statutory Notes and Related Subsidiaries
Temporary Suspension of Limitation on Appointments
§589a. United States Trustee System Fund
(a) There is hereby established in the Treasury of the United States a special fund to be known as the "United States Trustee System Fund" (hereinafter in this section referred to as the "Fund"). Monies in the Fund shall be available to the Attorney General without fiscal year limitation in such amounts as may be specified in appropriations Acts for the following purposes in connection with the operations of United States trustees—
(1) salaries and related employee benefits;
(2) travel and transportation;
(3) rental of space;
(4) communication, utilities, and miscellaneous computer charges;
(5) security investigations and audits;
(6) supplies, books, and other materials for legal research;
(7) furniture and equipment;
(8) miscellaneous services, including those obtained by contract; and
(9) printing.
(b) For the purpose of recovering the cost of services of the United States Trustee System, there shall be deposited as offsetting collections to the appropriation "United States Trustee System Fund", to remain available until expended, the following—
(1)(A) 40.46 percent of the fees collected under section 1930(a)(1)(A); and
(B) 28.33 percent of the fees collected under section 1930(a)(1)(B);
(2) 48.89 percent of the fees collected under
(3) one-half of the fees collected under
(4) one-half of the fees collected under
(5) 100 percent of the fees collected under
(6) three-fourths of the fees collected under the last sentence of
(7) the compensation of trustees received under
(8) excess fees collected under
(9) interest earned on Fund investment; and
(10) fines imposed under
(c) Amounts in the Fund which are not currently needed for the purposes specified in subsections (a) and (f) shall be kept on deposit or invested in obligations of, or guaranteed by, the United States.
(d) The Attorney General shall transmit to the Congress, not later than 120 days after the end of each fiscal year, a detailed report on the amounts deposited in the Fund and a description of expenditures made under this section.
(e) There are authorized to be appropriated to the Fund for any fiscal year such sums as may be necessary to supplement amounts deposited under subsection (b) for the purposes specified in subsection (a).
(f)(1) During each of fiscal years 2021 through 2026 and notwithstanding subsection (b)(5), the fees collected under section 1930(a)(6), less the amount specified in paragraph (2), shall be deposited as follows, in the following order:
(A) First, the amounts needed to offset the amount specified in the Department of Justice appropriations for that fiscal year, shall be deposited as discretionary offsetting collections to the "United States Trustee System Fund", pursuant to subsection (a), to remain available until expended.
(B) Second, the amounts determined annually by the Director of the Administrative Office of the United States Courts that are necessary to reimburse the judiciary for the costs of administering payments under
(C) Third, the amounts determined annually by the Director of the Administrative Office of the United States Courts that are necessary to pay trustee compensation authorized by
(D) Fourth, any remaining amounts shall be deposited as discretionary offsetting collections to the "United States Trustee System Fund", to remain available until expended.
(2) Notwithstanding subsection (b), for each of fiscal years 2021 through 2026, $5,400,000 of the fees collected under section 1930(a)(6) shall be deposited in the general fund of the Treasury.
(Added
Editorial Notes
Codification
Amendment by
Amendments
2022—Subsec. (c).
Subsec. (f)(1).
Subsec. (f)(1)(A).
2021—Subsec. (f).
2012—Subsec. (b)(2).
2007—Subsec. (b)(10).
2005—Subsec. (b)(1).
Subsec. (b)(2).
1999—Subsec. (b)(1).
Subsec. (b)(9).
1996—
Subsec. (b)(5).
Subsec. (f)(2).
Subsec. (f)(3).
1993—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (f)(1).
1991—Subsec. (b)(2).
Subsec. (b)(5).
Subsec. (f).
1989—Subsec. (b)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Effective Date of 2012 Amendment
Effective Date of 2005 Amendments
Effective Date of 1999 Amendment
Effective Date of 1996 Amendment
Effective Date of 1993 Amendment
Effective Date of 1991 Amendment
Effective Date
Section effective 30 days after Oct. 27, 1986, see section 302(a) of
Deposits of Fees Under Section 1930(a)(6) of This Title for Certain Fiscal Years
"(1) the fees collected under section 1930(a)(6) of such title, less the amount specified in subparagraph [sic] (2), shall be deposited as specified in subsection (b) [amending this section]; and
"(2) $5,400,000 of the fees collected under section 1930(a)(6) of such title shall be deposited in the general fund of the Treasury."
"(1) 98 percent of the fees collected under section 1930(a)(6) of such title shall be deposited as offsetting collections to the appropriation 'United States Trustee System Fund', to remain available until expended; and
"(2) 2 percent of the fees collected under section 1930(a)(6) of such title shall be deposited in the general fund of the Treasury."
1 See Deposits of Fees Under
§589b. Bankruptcy data
(a)
(1) final reports by trustees in cases under subchapter V of
(2) periodic reports by debtors in possession or trustees in cases under
(b)
(c)
(1) the reasonable needs of the public for information about the operational results of the Federal bankruptcy system;
(2) economy, simplicity, and lack of undue burden on persons with a duty to file reports; and
(3) appropriate privacy concerns and safeguards.
(d)
(1) information about the length of time the case was pending;
(2) assets abandoned;
(3) assets exempted;
(4) receipts and disbursements of the estate;
(5) expenses of administration, including for use under section 707(b), actual costs of administering cases under
(6) claims asserted;
(7) claims allowed; and
(8) distributions to claimants and claims discharged without payment,
in each case by appropriate category and, in cases under subchapter V of
(e)
(1) information about the industry classification, published by the Department of Commerce, for the businesses conducted by the debtor;
(2) length of time the case has been pending;
(3) number of full-time employees as of the date of the order for relief and at the end of each reporting period since the case was filed;
(4) cash receipts, cash disbursements and profitability of the debtor for the most recent period and cumulatively since the date of the order for relief;
(5) compliance with title 11, whether or not tax returns and tax payments since the date of the order for relief have been timely filed and made;
(6) all professional fees approved by the court in the case for the most recent period and cumulatively since the date of the order for relief (separately reported, for the professional fees incurred by or on behalf of the debtor, between those that would have been incurred absent a bankruptcy case and those not); and
(7) plans of reorganization filed and confirmed and, with respect thereto, by class, the recoveries of the holders, expressed in aggregate dollar values and, in the case of claims, as a percentage of total claims of the class allowed.
(Added
Editorial Notes
References in Text
For the effective date of this section, referred to in subsec. (a), see Effective Date note set out below.
Amendments
2019—Subsec. (a)(1).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by
Effective Date
Section effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such effective date, except as otherwise provided, see section 1501 of
CHAPTER 40 —INDEPENDENT COUNSEL
Editorial Notes
Amendments
1987—
1986—
1983—
§591. Applicability of provisions of this chapter
(a)
(b)
(1) the President and Vice President;
(2) any individual serving in a position listed in
(3) any individual working in the Executive Office of the President who is compensated at a rate of pay at or above level II of the Executive Schedule under
(4) any Assistant Attorney General and any individual working in the Department of Justice who is compensated at a rate of pay at or above level III of the Executive Schedule under
(5) the Director of Central Intelligence, the Deputy Director of Central Intelligence, and the Commissioner of Internal Revenue;
(6) the chairman and treasurer of the principal national campaign committee seeking the election or reelection of the President, and any officer of that committee exercising authority at the national level, during the incumbency of the President; and
(7) any individual who held an office or position described in paragraph (1), (2), (3), (4), or (5) for 1 year after leaving the office or position.
(c)
(1)
(2)
(d)
(1)
(A) the specificity of the information received; and
(B) the credibility of the source of the information.
(2)
(e)
(1)
(B) If information received under this chapter involves a person with whom the Attorney General has a personal or financial relationship, the Attorney General shall recuse himself or herself by designating the next most senior official in the Department of Justice who is not also recused to perform the duties assigned under this chapter to the Attorney General.
(2)
(Added
Editorial Notes
Amendments
1994—Subsec. (b)(6) to (8).
"(6) any individual who leaves any office or position described in any of paragraphs (1) through (5) of this subsection, during the incumbency of the President under whom such individual served in the office or position plus one year after such incumbency, but in no event longer than a period of three years after the individual leaves the office or position;
"(7) any individual who held an office or position described in any of paragraphs (1) through (5) of this subsection during the incumbency of one President and who continued to hold the office or position for not more than 90 days into the term of the next President, during the 1-year period after the individual leaves the office or position; and".
Subsec. (c).
"(1) the Attorney General receives information sufficient to constitute grounds to investigate whether any person other than a person described in subsection (b) may have violated any Federal criminal law other than a violation classified as a Class B or C misdemeanor or an infraction; and
"(2) the Attorney General determines that an investigation or prosecution of the person, with respect to the information received, by the Attorney General or other officer of the Department of Justice may result in a personal, financial, or political conflict of interest."
Subsec. (d)(2).
Subsec. (e).
"(1)
"(2)
1987—
1984—Subsec. (a).
1983—Subsec. (a).
Subsec. (b)(3).
Subsec. (b)(4), (5).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (b)(8).
Subsec. (c).
Statutory Notes and Related Subsidiaries
Change of Name
Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
Effective Date of 1994 Amendment; Transition Provisions
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
"(g)
"(h)
"(i)
Effective Date of 1987 Amendment
"(a)
"(b)
"(1) Except as provided in paragraphs (2) and (3), the provisions of
"(2) The following provisions shall apply to such proceeding on or after such date of enactment:
"(A)
"(B) Section 594(d)(2) of such title, as added by section 2 of this Act, to the extent that such section 594(d)(2) relates to reports by the Attorney General on expenditures by independent counsel, except that the first such report shall be made only with respect to expenditures on or after the date of the enactment of this Act.
"(C) Section 594(h)(1)(A) of such title, as added by section 2 of this Act, relating to reports by independent counsel, except that the 6-month periods described in such section 594(h)(1)(A) shall be calculated from the date of the enactment of this Act.
"(D) Section 594(i) of such title, as added by section 2 of this Act, relating to the independence of the office of independent counsel for certain purposes.
"(E) Section 594(k) of such title, as added by section 2 of this Act, relating to custody of records of independent counsel.
"(F) Section 596(a)(3) of such title, as amended by section 2 of this Act, relating to judicial review of the removal of an independent counsel from office.
"(G) Section 596(c) of such title, as added by section 2 of this Act, relating to audits of expenditures of independent counsel.
"(H) The amendments made by section 3 of this Act [amending sections 203 and 205 of
"(3)
Effective Date of 1984 Amendment
Effective Date
"(1) such specific information is directly related to a prosecution pending at the time such specific information is received by the Attorney General;
"(2) such specific information is related to a matter which has been presented to a grand jury and is received by the Attorney General within one hundred and eighty days of the date of the enactment of this Act; or
"(3) such specific information is related to an investigation that is pending at the time such specific information is received by the Attorney General, and such specific information is received by the Attorney General within ninety days of the date of the enactment of this Act."
Permanent Appropriation for Expenses of Independent Counsels
Contingency Fund for Independent Counsels
§592. Preliminary investigation and application for appointment of an independent counsel
(a)
(1)
(2)
(B)(i) The Attorney General shall not base a determination under this chapter that information with respect to a violation of criminal law by a person is not specific and from a credible source upon a determination that such person lacked the state of mind required for the violation of criminal law.
(ii) The Attorney General shall not base a determination under this chapter that there are no reasonable grounds to believe that further investigation is warranted, upon a determination that such person lacked the state of mind required for the violation of criminal law involved, unless there is clear and convincing evidence that the person lacked such state of mind.
(3)
(b)
(1)
(2)
(c)
(1)
(A) the Attorney General, upon completion of a preliminary investigation under this chapter, determines that there are reasonable grounds to believe that further investigation is warranted; or
(B) the 90-day period referred to in subsection (a)(1), and any extension granted under subsection (a)(3), have elapsed and the Attorney General has not filed a notification with the division of the court under subsection (b)(1).
In determining under this chapter whether reasonable grounds exist to warrant further investigation, the Attorney General shall comply with the written or other established policies of the Department of Justice with respect to the conduct of criminal investigations.
(2)
(A) conduct such additional preliminary investigation as the Attorney General considers appropriate for a period of not more than 90 days after the date on which such additional information is received; and
(B) otherwise comply with the provisions of this section with respect to such additional preliminary investigation to the same extent as any other preliminary investigation under this section.
(d)
(e)
(f)
(g)
(1)
(2)
(3)
(4)
(Added
Editorial Notes
Amendments
1994—Subsec. (e).
1987—
1983—Subsec. (a).
Subsec. (b)(1).
Subsec. (c)(1).
Subsec. (c)(2).
Subsec. (c)(2)(A).
Subsec. (c)(2)(B).
Subsecs. (d)(1), (e), (f).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1987 Amendment
Amendment by
§593. Duties of the division of the court
(a)
(b)
(1)
(2)
(3)
(4)
(c)
(1)
(2)
(B) If the Attorney General determines, after according great weight to the recommendations of the independent counsel, that there are no reasonable grounds to believe that further investigation is warranted, the Attorney General shall promptly so notify the division of the court and the division of the court shall have no power to expand the jurisdiction of the independent counsel or to appoint another independent counsel with respect to the matters involved.
(C) If—
(i) the Attorney General determines that there are reasonable grounds to believe that further investigation is warranted; or
(ii) the 30-day period referred to in subparagraph (A) elapses without a notification to the division of the court that no further investigation is warranted,
the division of the court shall expand the jurisdiction of the appropriate independent counsel to include the matters involved or shall appoint another independent counsel to investigate such matters.
(d)
(e)
(f)
(1)
(2)
(A) the sufficiency of the documentation;
(B) the need or justification for the underlying item;
(C) whether the underlying item would have been incurred but for the requirements of this chapter; and
(D) the reasonableness of the amount of money requested.
(g)
(h)
(Added
Editorial Notes
Amendments
1994—Subsec. (f)(1).
Subsec. (f)(2).
"(A) the sufficiency of the documentation;
"(B) the need or justification for the underlying item; and
"(C) the reasonableness of the amount of money requested."
1987—
1983—Subsec. (b).
Subsecs. (c) to (e).
Subsecs. (f), (g).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment; Transition Provisions
Amendment by
Effective Date of 1987 Amendment
Amendment by
2 So in original. Probably should be preceded by "the".
§594. Authority and duties of an independent counsel
(a)
(1) conducting proceedings before grand juries and other investigations;
(2) participating in court proceedings and engaging in any litigation, including civil and criminal matters, that such independent counsel considers necessary;
(3) appealing any decision of a court in any case or proceeding in which such independent counsel participates in an official capacity;
(4) reviewing all documentary evidence available from any source;
(5) determining whether to contest the assertion of any testimonial privilege;
(6) receiving appropriate national security clearances and, if necessary, contesting in court (including, where appropriate, participating in in camera proceedings) any claim of privilege or attempt to withhold evidence on grounds of national security;
(7) making applications to any Federal court for a grant of immunity to any witness, consistent with applicable statutory requirements, or for warrants, subpoenas, or other court orders, and, for purposes of
(8) inspecting, obtaining, or using the original or a copy of any tax return, in accordance with the applicable statutes and regulations, and, for purposes of section 6103 of the Internal Revenue Code of 1986 and the regulations issued thereunder, exercising the powers vested in a United States attorney or the Attorney General;
(9) initiating and conducting prosecutions in any court of competent jurisdiction, framing and signing indictments, filing informations, and handling all aspects of any case, in the name of the United States; and
(10) consulting with the United States attorney for the district in which any violation of law with respect to which the independent counsel is appointed was alleged to have occurred.
(b)
(1)
(2)
(3)
(A)
(B)
(i) the cost to the Government of reimbursing such travel and subsistence expenses;
(ii) the period of time for which the independent counsel anticipates that the activities of the independent counsel or person, as the case may be, will continue;
(iii) the personal and financial burdens on the independent counsel or person, as the case may be, of relocating so that such travel and subsistence expenses would not be incurred; and
(iv) the burdens associated with appointing a new independent counsel, or appointing another person under subsection (c), to replace the individual involved who is unable or unwilling to so relocate.
(c)
(d)
(1)
(2)
(e)
(f)
(1)
(2)
(g)
(h)
(1)
(A) file with the division of the court, with respect to the 6-month period beginning on the date of his or her appointment, and with respect to each 6-month period thereafter until the office of that independent counsel terminates, a report which identifies and explains major expenses, and summarizes all other expenses, incurred by that office during the 6-month period with respect to which the report is filed, and estimates future expenses of that office; and
(B) before the termination of the independent counsel's office under section 596(b), file a final report with the division of the court, setting forth fully and completely a description of the work of the independent counsel, including the disposition of all cases brought.
(2)
(3)
(i)
(j)
(1)
(i) such independent counsel, and
(ii) any person associated with a firm with which such independent counsel is associated,
may not represent in any matter any person involved in any investigation or prosecution under this chapter.
(B) During the period in which any person appointed by an independent counsel under subsection (c) is serving in the office of independent counsel, such person may not represent in any matter any person involved in any investigation or prosecution under this chapter.
(2)
(B) Each independent counsel and each person appointed by that independent counsel under subsection (c) may not, for 1 year following the termination of the service under this chapter of that independent counsel or appointed person, as the case may be, represent any person in any matter involving any investigation or prosecution under this chapter.
(3)
(4)
(A) the term "firm" means a law firm whether organized as a partnership or corporation; and
(B) a person is "associated" with a firm if that person is an officer, director, partner, or other member or employee of that firm.
(5)
(k)
(1)
(2)
(3)
(A)
(B)
(C)
(4)
(A) shall be maintained as a separate body of records within the records of the independent counsel; and
(B) shall, after the records have been transferred to the Archivist under this chapter, be made available, except as provided in paragraph (3)(B) and (C), in accordance with the rules governing release of the records of the House of Congress that provided the records to the independent counsel.
Subparagraph (B) shall not apply to those records which have been surrendered pursuant to grand jury or court proceedings.
(l) Cost Controls and Administrative Support.—
(1)
(A)
(i) conduct all activities with due regard for expense;
(ii) authorize only reasonable and lawful expenditures; and
(iii) promptly, upon taking office, assign to a specific employee the duty of certifying that expenditures of the independent counsel are reasonable and made in accordance with law.
(B)
(C)
(2)
(3)
(Added
Editorial Notes
References in Text
Section 6103 of the Internal Revenue Code of 1986, referred to in subsec. (a)(8), is classified to
The Federal Rules of Criminal Procedure, referred to in subsec. (k)(1), (3)(B), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
The enactment of the Independent Counsel Reauthorization Act of 1987, referred to in subsec. (k)(1), is the enactment of
Amendments
1996—Subsec. (b)(3)(A).
Subsec. (b)(3)(B).
1994—Subsec. (b).
Subsec. (c).
Subsec. (d)(1).
Subsec. (f).
Subsec. (h)(1)(B).
Subsec. (h)(3).
Subsec. (j)(5).
Subsec. (l).
1987—
1986—Subsec. (a)(8).
1983—
Subsec. (a).
Subsec. (a)(10).
Subsecs. (b), (c).
Subsecs. (d), (e).
Subsec. (f).
Subsec. (g).
Statutory Notes and Related Subsidiaries
Change of Name
"Director of the Government Publishing Office" substituted for "Public Printer" in subsec. (h)(3) on authority of section 1301(d) of
Effective Date of 1994 Amendment; Transition Provisions
Amendment by
Effective Date of 1987 Amendment
Amendment by
§595. Congressional oversight
(a)
(1)
(2)
(b)
(1) When the information about the case was received.
(2) Whether a preliminary investigation is being conducted, and if so, the date it began.
(3) Whether an application for the appointment of an independent counsel or a notification that further investigation is not warranted has been filed with the division of the court, and if so, the date of such filing.
(c)
(Added
Editorial Notes
Amendments
1994—Subsec. (a)(2).
1987—
1983—
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment; Transition Provisions
Amendment by
Effective Date of 1987 Amendment
Amendment by
§596. Removal of an independent counsel; termination of office
(a)
(1)
(2)
(3)
(b)
(1)
(A) the independent counsel notifies the Attorney General that the investigation of all matters within the prosecutorial jurisdiction of such independent counsel or accepted by such independent counsel under section 594(e), and any resulting prosecutions, have been completed or so substantially completed that it would be appropriate for the Department of Justice to complete such investigations and prosecutions; and
(B) the independent counsel files a final report in compliance with section 594(h)(1)(B).
(2)
(c)
(2) The Comptroller General shall—
(A) conduct a financial review of a mid-year statement and a financial audit of a year-end statement and statement on termination; and
(B) report the results to the Committee on the Judiciary, Committee on Governmental Affairs, and Committee on Appropriations of the Senate and the Committee on the Judiciary, Committee on Government Operations, and Committee on Appropriations of the House of Representatives not later than 90 days following the submission of each such statement.
(Added
Editorial Notes
Amendments
1994—Subsec. (a)(1).
Subsec. (b)(2).
Subsec. (c).
1987—
1984—Subsec. (a)(3).
1983—
Subsec. (a)(1).
Subsecs. (a)(2), (3), (b).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of
Effective Date of 1994 Amendment; Transition Provisions
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
§597. Relationship with Department of Justice
(a)
(b)
(Added
Editorial Notes
Amendments
1987—
1983—
Statutory Notes and Related Subsidiaries
Effective Date of 1987 Amendment
Amendment by
§598. Severability
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by such invalidation.
(Added
Editorial Notes
Amendments
1987—
1983—
Statutory Notes and Related Subsidiaries
Effective Date of 1987 Amendment
Amendment by
§599. Termination of effect of chapter
This chapter shall cease to be effective five years after the date of the enactment of the Independent Counsel Reauthorization Act of 1994, except that this chapter shall continue in effect with respect to then pending matters before an independent counsel that in the judgment of such counsel require such continuation until that independent counsel determines such matters have been completed.
(Added
Editorial Notes
References in Text
The date of the enactment of the Independent Counsel Reauthorization Act of 1994, referred to in text, is the date of enactment of
Amendments
1994—
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
Amendment by
Effective Date
Section effective Dec. 15, 1987, see section 6 of
CHAPTER 40A —BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES
1 So in original. Does not conform to section catchline.
§599A. Bureau of alcohol, tobacco, firearms, and Explosives 1
(a)
(1)
(2)
(3)
(4)
(b)
(1) criminal and regulatory violations of the Federal firearms, explosives, arson, alcohol, and tobacco smuggling laws;
(2) the functions transferred by subsection (c) of section 1111 of the Homeland Security Act of 2002 (as enacted on the date of the enactment of such Act); and
(3) any other function related to the investigation of violent crime or domestic terrorism that is delegated to the Bureau by the Attorney General.
(c)
(1)
(3) 5
(Added and amended
Editorial Notes
References in Text
This subtitle, referred to in subsec. (a)(2), meant subtitle B (§§1111–1115) of title XI of
Subsection (c) of section 1111 of the Homeland Security Act of 2002 (as enacted on the date of the enactment of such Act), referred to in subsec. (b)(2), is section 1111(c) of
Paragraph (2), referred to in subsec. (c)(1), meant paragraph (2) of section 1111(c) of
Codification
The section catchline and text of subsecs. (a) to (c)(1), (3) of section 1111 of
Amendments
2006—
Subsec. (a)(2).
Subsec. (b)(2).
1 So in original. Probably should be "Bureau of Alcohol, Tobacco, Firearms, and Explosives".
2 See References in Text note below.
3 So in original. Probably should be followed by a comma.
4 So in original. Probably should be title "5".
5 So in original. There is no par. (2).
§599B. Personnel Management demonstration 1 project 1
Notwithstanding any other provision of law, the Personnel Management Demonstration Project established under section 102 of title I of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999 (
(Added and amended
Editorial Notes
References in Text
Section 102 of title I of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act for Fiscal Year 1999, referred to in text, probably means section 102 of title I of div. C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999,
Codification
The text of section 1115 of
Amendments
2006—