-CITE-
    28 USC CHAPTER 31 - THE ATTORNEY GENERAL                    01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
                     CHAPTER 31 - THE ATTORNEY GENERAL                 

-MISC1-
    Sec.                                                     
    501.        Executive department.                                 
    502.        Seal.                                                 
    503.        Attorney General.                                     
    504.        Deputy Attorney General.                              
    504a.       Associate Attorney General.                           
    505.        Solicitor General.                                    
    506.        Assistant Attorneys General.                          
    507.        Assistant Attorney General for Administration.        
    507A.       Assistant Attorney General for National Security.     
    508.        Vacancies.                                            
    509.        Functions of the Attorney General.                    
    509A.       National Security Division.                           
    510.        Delegation of authority.                              
    511.        Attorney General to advise the President.             
    512.        Attorney General to advise heads of executive
                 departments.                                         
    513.        Attorney General to advise Secretaries of military
                 departments.                                         
    514.        Legal services on pending claims in departments and
                 agencies.                                            
    515.        Authority for legal proceedings; commission, oath, and
                 salary for special attorneys.                        
    516.        Conduct of litigation reserved to Department of
                 Justice.                                             
    517.        Interests of United States in pending suits.          
    518.        Conduct and argument of cases.                        
    519.        Supervision of litigation.                            
    520.        Transmission of petitions in United States Court of
                 Federal Claims or in United States Court of Appeals
                 for the Federal Circuit; statement furnished by
                 departments.                                         
    521.        Publication and distribution of opinions.             
    522.        Report of business and statistics.                    
    523.        Requisitions.                                         
    524.        Availability of appropriations.                       
    525.        Procurement of law books, reference books, and
                 periodicals; sale and exchange.                      
    526.        Authority of the Attorney General to investigate
                 United States attorneys, marshals, trustees, clerks
                 of court, and others.(!1)                             
    527.        Establishment of working capital fund.                
    528.        Disqualification of officers and employees of the
                 Department of Justice.                               
    529.        Annual report of Attorney General.                    
    530.        Payment of travel and transportation expenses of newly
                 appointed special agents.                            
    530A.       Authorization of appropriations for travel and related
                 expenses and for health care of personnel serving
                 abroad.                                              
    530B.       Ethical standards for attorneys for the Government.   
    530C.       Authority to use available funds.                     
    530D.       Report on enforcement of laws.                        

                                AMENDMENTS                            
      2006 - Pub. L. 109-177, title V, Sec. 506(c), Mar. 9, 2006, 120
    Stat. 249, added items 507A and 509A.
      2002 - Pub. L. 107-273, div. A, title II, Secs. 201(b),
    202(b)(1), div. B, title IV, Sec. 4003(b)(5), Nov. 2, 2002, 116
    Stat. 1771, 1774, 1811, in item 526, struck out "and" before
    "trustees", and added items 530C and 530D.
      1998 - Pub. L. 105-277, div. A, Sec. 101(b) [title VIII, Sec.
    801(b)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-119, added item
    530B.
      1992 - Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992,
    106 Stat. 4516, substituted "United States Court of Federal Claims"
    for "United States Claims Court" in item 520.
      1988 - Pub. L. 100-690, title VI, Sec. 6281(b), Nov. 18, 1988,
    102 Stat. 4369, added item 530A.
      1983 - Pub. L. 98-86, Sec. 2, Aug. 26, 1983, 97 Stat. 492, added
    item 530.
      1982 - Pub. L. 97-258, Sec. 2(g)(1)(A), Sept. 13, 1982, 96 Stat.
    1060, substituted "Availability of appropriations" for
    "Appropriations for administrative expenses; notarial fees; meals
    and lodging of bailiffs" in item 524.
      Pub. L. 97-164, title I, Sec. 118(b), Apr. 2, 1982, 96 Stat. 33,
    substituted "United States Claims Court or in United States Court
    of Appeals for the Federal Circuit" for "Court of Claims" in item
    520.
      1978 - Pub. L. 95-598, title II, Sec. 219(c), Nov. 6, 1978, 92
    Stat. 2662, inserted reference to trustees in item 526.
      Pub. L. 95-521, title VI, Sec. 603(b), Oct. 26, 1978, 92 Stat.
    1875, added items 528 and 529.
      1977 - Pub. L. 95-139, Sec. 1(b), Oct. 19, 1977, 91 Stat. 1171,
    added item 504a.
      1975 - Pub. L. 93-613, Sec. 1(2), Jan. 2, 1975, 88 Stat. 1975,
    added item 527.
      1966 - Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 611,
    substituted "THE ATTORNEY GENERAL" for "UNITED STATES ATTORNEYS" in
    chapter heading, "Executive Department" for "Appointment of United
    States attorneys" in item 501, "Seal" for "Appointment of assistant
    United States attorneys" in item 502, "Attorney General" for
    "Appointment of attorneys" in item 503, "Deputy Attorney General"
    for "Tenure and oath of office; removal" in item 504, "Solicitor
    General" for "Residence" in item 505, "Assistant Attorney General"
    for "Vacancies" in item 506, "Assistant Attorney General for
    Administration" for "Duties; supervision by Attorney General" in
    item 507, "Vacancies" for "Salaries" in item 508, "Functions of the
    Attorney General" for "Expenses" in item 509, "Delegation of
    authority" for "Clerical assistants and messengers" in item 510,
    and added items 511 to 526.

-FOOTNOTE-
    (!1) So in original. Does not conform to section catchline.

-End-

-CITE-
    28 USC Sec. 501                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 501. Executive department

-STATUTE-
      The Department of Justice is an executive department of the
    United States at the seat of Government.

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

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    5 U.S.C. 291        R.S. Sec. 346 (less last 10      
                     (less last 10       words).                         
                     words).                                             
    --------------------------------------------------------------------

      The words "There shall be", referring to the establishment of the
    Department, are omitted as executed.

                             PRIOR PROVISIONS                         
      A prior section 501, acts June 25, 1948, ch. 646, 62 Stat. 909;
    Mar. 18, 1959, Pub. L. 86-3, Sec. 11(a), 73 Stat. 9, related to
    appointment of United States attorneys, prior to repeal by Pub. L.
    89-554, Sec. 8(a), and reenactment in section 541 of this title by
    section 4(c) of Pub. L. 89-554.

            OFFICE OF JUSTICE FOR VICTIMS OF OVERSEAS TERRORISM        
      Pub. L. 108-447, div. B, title I, Sec. 126, Dec. 8, 2004, 118
    Stat. 2872, provided that: "The Department of Justice shall
    establish an Office of Justice for Victims of Overseas Terrorism."

    SPECIFIC AUTHORIZATION OF APPROPRIATIONS REQUIRED FOR DEPARTMENT OF
                                  JUSTICE
      Pub. L. 94-503, title II, Sec. 204, Oct. 15, 1976, 90 Stat. 2427,
    provided that: "No sums shall be deemed to be authorized to be
    appropriated for any fiscal year beginning on or after October 1,
    1978, for the Department of Justice (including any bureau, agency,
    or other similar subdivision thereof) except as specifically
    authorized by Act of Congress with respect to such fiscal year.
    Neither the creation of a subdivision in the Department of Justice,
    nor the authorization of an activity of the Department, any
    subdivision, or officer thereof, shall be deemed in itself to be an
    authorization of appropriations for the Department of Justice, such
    subdivision, or activity, with respect to any fiscal year beginning
    on or after October 1, 1978."

-End-

-CITE-
    28 USC Sec. 502                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 502. Seal

-STATUTE-
      The Attorney General shall have a seal for the Department of
    Justice. The design of the seal is subject to the approval of the
    President.

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

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    5 U.S.C. 292.       R.S. Sec. 353.                   
    --------------------------------------------------------------------

      The section is rewritten to conform to other statutes authorizing
    departmental seals. The words "The seal heretofore provided for the
    office of the Attorney General shall be" are omitted as obsolete.

                             PRIOR PROVISIONS                         
      A prior section 502, act June 25, 1948, ch. 646, 62 Stat. 909,
    related to appointment of assistant United States attorneys, prior
    to repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in section
    542 of this title by section 4(c) of Pub. L. 89-554.

-End-

-CITE-
    28 USC Sec. 503                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 503. Attorney General

-STATUTE-
      The President shall appoint, by and with the advice and consent
    of the Senate, an Attorney General of the United States. The
    Attorney General is the head of the Department of Justice.

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

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    5 U.S.C. 291        R.S. Sec. 346 (last 10 words).   
                     (last 10 words).                                     
    --------------------------------------------------------------------

      The words "The President shall appoint, by and with the advice
    and consent of the Senate" have been added to conform the section
    with the Constitution. See article II, section 2, clause 2.

                             PRIOR PROVISIONS                         
      A prior section 503, act June 25, 1948, ch. 646, 62 Stat. 909,
    related to appointment of attorneys to assist United States
    attorneys, prior to repeal by Pub. L. 89-554, Sec. 8(a), and
    reenactment in section 543 of this title by section 4(c) of Pub. L.
    89-554.

     ACTIONS CHALLENGING APPOINTMENT OF ATTORNEY GENERAL ON GROUNDS OF
     VIOLATION OF CONSTITUTIONAL PROVISIONS GOVERNING COMPENSATION AND
                             OTHER EMOLUMENTS
      Pub. L. 93-178, Sec. 2, Dec. 10, 1973, 87 Stat. 697, provided
    that:
      "(a) Any person aggrieved by an action of the Attorney General
    may bring a civil action in the appropriate district court to
    contest the constitutionality of the appointment and continuance in
    office of the Attorney General on the ground that such appointment
    and continuance in office is in violation of article I, section 6,
    clause 2, of the Constitution. The United States district courts
    shall have exclusive jurisdiction, without regard to the sum or
    value of the matter in controversy, to determine the validity of
    such appointment and continuance in office.
      "(b) Any action brought under this section shall be heard and
    determined by a panel of three judges in accordance with the
    provisions of section 2284 of title 28, United States Code. Any
    appeal from the action of a court convened pursuant to such section
    shall lie to the Supreme Court.
      "(c) Any judge designated to hear any action brought under this
    section shall cause such action to be in every way expedited."

-End-

-CITE-
    28 USC Sec. 504                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 504. Deputy Attorney General

-STATUTE-
      The President may appoint, by and with the advice and consent of
    the Senate, a Deputy Attorney General.

-SOURCE-
    (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612;
    amended Pub. L. 107-77, title VI, Sec. 612(c), Nov. 28, 2001, 115
    Stat. 800; Pub. L. 107-273, div. B, title IV, Sec. 4004(f), Nov. 2,
    2002, 116 Stat. 1812.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    5 U.S.C. 294.       Mar. 3, 1903, ch. 1006, Sec. 1   
                                         (so much of 2d par. under       
                                         "Department of Justice" as      
                                         provides for appointment, pay,  
                                         and duties of an assistant to   
                                         the Attorney General), 32 Stat. 
                                         1062.                           
                    [Uncodified].       1950 Reorg. Plan No. 2, Sec. 3,  
                                         eff. May 24, 1950, 64 Stat. 1261.
    --------------------------------------------------------------------

      The words "may appoint" are substituted for "is authorized to
    appoint". So much of the Act of Mar. 3, 1903, as relates to pay is
    omitted as superseded by Sec. 303(c) of the Act of Aug. 14, 1964,
    Pub. L. 88-426, 78 Stat. 416, which is codified in section 5314 of
    title 5, United States Code.

                             PRIOR PROVISIONS                         
      A prior section 504, acts June 25, 1948, ch. 646, 62 Stat. 909;
    Mar. 18, 1959, Pub. L. 86-3, Sec. 11(b), 73 Stat. 9, related to
    tenure and oath of office of United States attorneys, prior to
    repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in sections
    541 and 544 of this title by section 4(c) of Pub. L. 89-554.

                                AMENDMENTS                            
      2002 - Pub. L. 107-273 repealed Pub. L. 107-77, Sec. 612(c). See
    2001 Amendment note below.
      2001 - Pub. L. 107-77, Sec. 612(c), which directed amendment of
    section catchline by substituting "Attorneys" for "Attorney" and
    amendment of text by inserting "and a Deputy Attorney General for
    Combating Domestic Terrorism" after "General", was repealed by Pub.
    L. 107-273.

             POSITION RELATING TO COMBATING DOMESTIC TERRORISM         
      Pub. L. 107-77, title VI, Sec. 612, Nov. 28, 2001, 115 Stat. 800,
    which had authorized appointment of a Deputy Attorney General for
    Combating Domestic Terrorism, if by June 30, 2002, the President
    had not submitted a proposal to restructure the Department of
    Justice to include a coordinator of Department of Justice
    activities relating to combating domestic terrorism, or if Congress
    had failed to enact legislation establishing such a new position,
    was repealed by Pub. L. 107-273, div. B, title IV, Sec. 4004(f),
    Nov. 2, 2002, 116 Stat. 1812.

-End-

-CITE-
    28 USC Sec. 504a                                            01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 504a. Associate Attorney General

-STATUTE-
      The President may appoint, by and with the advice and consent of
    the Senate, an Associate Attorney General.

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

-End-

-CITE-
    28 USC Sec. 505                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 505. Solicitor General

-STATUTE-
      The President shall appoint in the Department of Justice, by and
    with the advice and consent of the Senate, a Solicitor General,
    learned in the law, to assist the Attorney General in the
    performance of his duties.

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

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    5 U.S.C. 293.       R.S. Sec. 347 (less last         
                                         sentence).                      
    --------------------------------------------------------------------

      So much of R.S. Sec. 347 as relates to the pay of the Solicitor
    General is omitted as superseded by Sec. 303(c) of the Act of Aug.
    14, 1964, Pub. L. 88-426, 78 Stat. 416, which is codified in
    section 5314 of title 5, United States Code.

                             PRIOR PROVISIONS                         
      A prior section 505, act June 25, 1948, ch. 646, 62 Stat. 909,
    related to residence of United States attorneys, prior to repeal by
    Pub. L. 89-554, Sec. 8(a), and reenactment in section 545 of this
    title by section 4(c) of Pub. L. 89-554.

-End-

-CITE-
    28 USC Sec. 506                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 506. Assistant Attorneys General

-STATUTE-
      The President shall appoint, by and with the advice and consent
    of the Senate, 11 Assistant Attorneys General, who shall assist the
    Attorney General in the performance of his duties.

-SOURCE-
    (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612;
    amended Pub. L. 95-598, title II, Sec. 218, Nov. 6, 1978, 92 Stat.
    2662; Pub. L. 109-177, title V, Sec. 506(a)(2), Mar. 9, 2006, 120
    Stat. 247.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    5 U.S.C. 295.       R.S. Sec. 348.                   
                                        July 11, 1890, ch. 667, Sec. 1   
                                         (words between 3d and 4th       
                                         semicolons under "Department of 
                                         Justice"), 26 Stat. 265.        
                                        Mar. 3, 1903, ch. 1006, Sec. 1   
                                         (so much of 2d par. under       
                                         "Department of Justice" as      
                                         provides for appointment, pay,  
                                         and duties of an additional     
                                         Assistant Attorney General), 32 
                                         Stat. 1062.                     
                                        July 16, 1914, ch. 141, Sec. 1   
                                         (words between 3d and 4th       
                                         semicolons under "Department of 
                                         Justice"), 38 Stat. 497.        
                                        Mar. 4, 1915, ch. 141, Sec. 1    
                                         (words between 3d and 4th       
                                         semicolons under "Department of 
                                         Justice"), 38 Stat. 1038.       
                                        June 16, 1933, ch. 101, Sec.     
                                         16(b), 48 Stat. 308.            
                                        Mar. 2, 1943, ch. 7, 57 Stat. 4. 
                    [Uncodified].       1950 Reorg. Plan No. 2, Sec. 4,  
                                         eff. May 24, 1950, 64 Stat. 1261.
                    [Uncodified].       1953 Reorg. Plan No. 4, Sec. 2,  
                                         eff. June 20, 1953. 67 Stat. 636.
                    5 U.S.C. 295-1.     Sept. 9, 1957, Pub. L. 85-315,   
                                         Sec. 111, 71 Stat. 637.         
    --------------------------------------------------------------------

      The words "There shall be in the Department of Justice" are
    omitted as unnecessary as the title of the positions establishes
    their location in the Department of Justice.
      The position of sixth Assistant Attorney General, referred to in
    the Acts of July 16, 1914, and Mar. 4, 1915, was made a permanent
    position by the Act of Mar. 4, 1915, ch. 141, Sec. 6, 38 Stat.
    1049.
      The number of Assistant Attorneys General referred to in the Act
    of Mar. 2, 1943, is changed from "six" to "nine" to reflect the
    three additional Assistant Attorneys General authorized by 1950
    Reorg. Plan No. 2, 1953 Reorg. Plan No. 4, and the Act of Sept. 9,
    1957.
      The words "learned in the law" are omitted as unnecessary. Such a
    requirement is not made of the Attorney General, United States
    attorneys, or United States judges. (See reviser's note under 28
    U.S.C. 501, 1964 ed.)
      The reference in former section 295 of title 5 to the Assistant
    Attorneys General assisting the Solicitor General are omitted on
    authority of the transfer of functions made by 1950 Reorg. Plan No.
    2 and 1953 Reorg. Plan No. 4.
      Provisions of 1950 Reorg. Plan No. 2, Sec. 4, and 1953 Reorg.
    Plan No. 4, Sec. 2, abolishing positions and transferring
    incumbents are omitted as executed.
      Provisions relating to pay of Assistant Attorneys General are
    omitted as superseded by Sec. 303(d) of the Act of August 14, 1964,
    Pub. L. 88-426, 78 Stat. 418, which is codified in section 5315 of
    title 5, United States Code.

                             PRIOR PROVISIONS                         
      A prior section 506, act June 25, 1948, ch. 646, 62 Stat. 909,
    related to vacancies in the office of United States attorney, prior
    to repeal by Pub. L. 89-554, Sec. 8(a), and reenactment in section
    546 of this title by section 4(c) of Pub. L. 89-554.

                                AMENDMENTS                            
      2006 - Pub. L. 109-177 substituted "11" for "ten".
      1978 - Pub. L. 95-598 substituted "ten" for "nine".

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-598 effective Nov. 6, 1978, see section
    402(d) of Pub. L. 95-598, set out as an Effective Date note
    preceding section 101 of Title 11, Bankruptcy.

-End-

-CITE-
    28 USC Sec. 507                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 507. Assistant Attorney General for Administration

-STATUTE-
      (a) The Attorney General shall appoint, with the approval of the
    President, an Assistant Attorney General for Administration, who
    shall perform such duties as the Attorney General may prescribe.
      (b) The position of Assistant Attorney General for Administration
    is in the competitive service.
      (c) Notwithstanding the provisions of section 901 of title 31,
    United States Code, the Assistant Attorney General for
    Administration shall be the Chief Financial Officer of the
    Department of Justice.

-SOURCE-
    (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612;
    amended Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec.
    111], Nov. 29, 1999, 113 Stat. 1535, 1501A-20.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    [Uncodified].       1950 Reorg. Plan No. 2, Sec. 5   
                                         eff. May 24, 1950, 64 Stat. 1261.
    --------------------------------------------------------------------

      The title of the position was changed to "Assistant Attorney
    General for Administration" by Sec. 307 of the Act of Aug. 14,
    1964, Pub. L. 88-426, 78 Stat. 432.
      The words "competitive service" are substituted for "classified
    civil service" because the term "classified civil service" formerly
    used to designate the merit system established by the Civil Service
    Act of 1883 has become ambiguous due to the creation of the
    "classified" pay system. The term "competitive service" is now
    customarily used, and appears throughout title 5, United States
    Code, in place of "classified civil service".
      The words "There shall be in the Department of Justice" are
    omitted as unnecessary as the title of the position and the fact of
    appointment by the Attorney General establish the location of the
    position in the Department of Justice.
      The last 12 words of section 5 of the Reorganization Plan are
    omitted on authority of the Act of June 5, 1952, ch. 369, Sec. 1101
    (3d proviso), 66 Stat. 121. The salary of the position is now fixed
    by Sec. 303(e) of the Act of Aug. 14, 1964, Pub. L. 88-426, 78
    Stat. 420, which is codified in section 5316 of title 5, United
    States Code.

                             PRIOR PROVISIONS                         
      A prior section 507, acts June 25, 1948, ch. 646, 62 Stat. 910;
    May 24, 1949, ch. 139, Sec. 71, 63 Stat. 100, related to duties of
    United States attorneys, and to supervision by the Attorney
    General, prior to repeal by Pub. L. 89-554, Sec. 8(a), and
    reenactment in sections 509 and 547 of this title by section 4(c)
    of Pub. L. 89-554.

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

-End-

-CITE-
    28 USC Sec. 507A                                            01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 507A. Assistant Attorney General for National Security

-STATUTE-
      (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 section 509A of this title;
        (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.

-SOURCE-
    (Added Pub. L. 109-177, title V, Sec. 506(a)(1), Mar. 9, 2006, 120
    Stat. 247.)

-End-

-CITE-
    28 USC Sec. 508                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 508. Vacancies

-STATUTE-
      (a) In case of a vacancy in the office of Attorney General, or of
    his absence or disability, the Deputy Attorney General may exercise
    all the duties of that office, and for the purpose of section 3345
    of title 5 the Deputy Attorney General is the first assistant to
    the Attorney General.
      (b) When by reason of absence, disability, or vacancy in office,
    neither the Attorney General nor the Deputy Attorney General is
    available to exercise the duties of the office of Attorney General,
    the Associate Attorney General shall act as Attorney General. The
    Attorney General may designate the Solicitor General and the
    Assistant Attorneys General, in further order of succession, to act
    as Attorney General.

-SOURCE-
    (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612;
    amended Pub. L. 95-139, Sec. 2, Oct. 19, 1977, 91 Stat. 1171.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    [Uncodified].       R.S. Sec. 347 (last sentence).   
                                        1953 Reorg. Plan No. 4, Sec. 1,  
                                         eff. June 20, 1953, 67 Stat. 636.
    --------------------------------------------------------------------

      The last sentence of R.S. Sec. 347 is cited as authority inasmuch
    as the function contained therein was the function transferred to
    the Deputy Attorney General by 1953 Reorg. Plan No. 4. The word
    "may" is substituted for "have the power". The words "During any
    period of time" are omitted as unnecessary.

                             PRIOR PROVISIONS                         
      A prior section 508, acts June 25, 1948, ch. 646, 62 Stat. 910;
    Mar. 2, 1955, ch. 9, Sec. 2(a), 69 Stat. 10; Oct. 11, 1962, Pub. L.
    87-793, Sec. 1003(a), 76 Stat. 865; Aug. 14, 1964, Pub. L. 88-426,
    title III, Sec. 306(a)(1), 78 Stat. 428; Oct. 6, 1964, Pub. L. 88-
    631, Sec. 3(b), 78 Stat. 1008, related to salaries of United
    States attorneys, assistant United States attorneys, and special
    attorneys, prior to repeal by Pub. L. 89-554, Sec. 8(a), and
    reenactment in section 548 of this title by section 4(c) of Pub. L.
    89-554.

                                AMENDMENTS                            
      1977 - Subsec. (b). Pub. L. 95-139 substituted "the Associate
    Attorney General shall act as Attorney General. The Attorney
    General may designate the Solicitor General and the Assistant
    Attorneys General, in further order of succession, to act as
    Attorney General" for "the Assistant Attorneys General and the
    Solicitor General, in such order of succession as the Attorney
    General may from time to time prescribe, shall act as Attorney
    General".

-End-

-CITE-
    28 USC Sec. 509                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 509. Functions of the Attorney General

-STATUTE-
      All functions of other officers of the Department of Justice and
    all functions of agencies and employees of the Department of
    Justice are vested in the Attorney General except the functions - 
        (1) vested by subchapter II of chapter 5 of title 5 in
      administrative law judges employed by the Department of Justice;
        (2) of the Federal Prison Industries, Inc.; and
        (3) of the Board of Directors and officers of the Federal
      Prison Industries, Inc.

-SOURCE-
    (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612;
    amended Pub. L. 95-251, Sec. 2(a)(6), Mar. 27, 1978, 92 Stat. 183;
    Pub. L. 98-473, title II, Sec. 228(a), Oct. 12, 1984, 98 Stat.
    2030; Pub. L. 107-273, div. A, title II, Sec. 204(d), div. B, title
    IV, Sec. 4003(b)(1), Nov. 2, 2002, 116 Stat. 1776, 1811.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    [Uncodified].       1950 Reorg. Plan No. 2, Sec. 1,  
                                         eff. May 24, 1950, 64 Stat. 1261.
    --------------------------------------------------------------------

      The section is restated to allow incorporation into this chapter.
      [The Historical and Revision Notes for former section 507, from
    which this section is partially derived, is set out under section
    547 of this title.]

                             PRIOR PROVISIONS                         
      A prior section 509, act June 25, 1948, ch. 646, 62 Stat. 910,
    related to expenses of United States attorneys, prior to repeal by
    Pub. L. 89-554, Sec. 8(a), and reenactment in section 549 of this
    title by section 4(c) of Pub. L. 89-554.

                                AMENDMENTS                            
      2002 - Par. (3). Pub. L. 107-273, Secs. 204(d), 4003(b)(1),
    amended par. (3) identically, striking out second period at end.
      1984 - Pub. L. 98-473 inserted "and" at end of par. (2),
    substituted a period for "; and" at end of par. (3), and struck out
    par. (4) which related to functions of Board of Parole.
      1978 - Par. (1). Pub. L. 95-251 substituted "administrative law
    judges" for "hearing examiners".

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
       Section 235(a)(1)(B)(ii)(IV) of Pub. L. 98-473 provided that the
    amendment made by Pub. L. 98-473 is effective Oct. 12, 1984.

-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of functions, personnel, assets, and liabilities of
    the Domestic Emergency Support Teams of the Department of Justice,
    including the functions of the Attorney General relating thereto,
    to the Secretary of Homeland Security, and for treatment of related
    references, see former section 313(4) and sections 551(d), 552(d),
    and 557 of Title 6, Domestic Security, and the Department of
    Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.

                     EMERGENCY PREPAREDNESS FUNCTIONS                 
      For assignment of certain emergency preparedness functions to the
    Attorney General, see Parts 1, 2, and 11 of Ex. Ord. No. 12656,
    Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195
    of Title 42, The Public Health and Welfare.

-MISC2-
                          ORGANIZED RETAIL THEFT                      
      Pub. L. 109-162, title XI, Sec. 1105, Jan. 5, 2006, 119 Stat.
    3092, as amended by Pub. L. 109-271, Sec. 8(a), Aug. 12, 2006, 120
    Stat. 766, provided that:
      "(a) National Data. - (1) The Attorney General and the Federal
    Bureau of Investigation, in consultation with the retail community,
    shall establish a task force to combat organized retail theft and
    provide expertise to the retail community for the establishment of
    a national database or clearinghouse housed and maintained in the
    private sector to track and identify where organized retail theft
    type crimes are being committed in the United Sates [sic]. The
    national database shall allow Federal, State, and local law
    enforcement officials as well as authorized retail companies (and
    authorized associated retail databases) to transmit information
    into the database electronically and to review information that has
    been submitted electronically.
      "(2) The Attorney General shall make available funds to provide
    for the ongoing administrative and technological costs to federal
    law enforcement agencies participating in the database project.
      "(3) The Director of the Bureau of Justice Assistance of the
    Office of Justice Programs may make grants to help provide for the
    administrative and technological costs to State and local law
    enforcement agencies participating in the data base [sic] project.
      "(b) Authorization of Appropriations. - There is authorized to be
    appropriated for each of fiscal years 2006 through 2009, $5,000,000
    for educating and training federal law enforcement regarding
    organized retail theft, for investigating, apprehending and
    prosecuting individuals engaged in organized retail theft, and for
    working with the private sector to establish and utilize the
    database described in subsection (a).
      "(c) Definition of Organized Retail Theft. - For purposes of this
    section, 'organized retail theft' means - 
        "(1) the violation of a State prohibition on retail merchandise
      theft or shoplifting, if the violation consists of the theft of
      quantities of items that would not normally be purchased for
      personal use or consumption and for the purpose of reselling the
      items or for reentering the items into commerce;
        "(2) the receipt, possession, concealment, bartering, sale,
      transport, or disposal of any property that is know [sic] or
      should be known to have been taken in violation of paragraph (1);
      or
        "(3) the coordination, organization, or recruitment of persons
      to undertake the conduct described in paragraph (1) or (2)."

              UNITED STATES-MEXICO BORDER VIOLENCE TASK FORCE          
      Pub. L. 109-162, title XI, Sec. 1106, Jan. 5, 2006, 119 Stat.
    3093, provided that:
      "(a) Task Force. - (1) The Attorney General shall establish the
    United States-Mexico Border Violence Task Force in Laredo, Texas,
    to combat drug and firearms trafficking, violence, and kidnapping
    along the border between the United States and Mexico and to
    provide expertise to the law enforcement and homeland security
    agencies along the border between the United States and Mexico. The
    Task Force shall include personnel from the Bureau of Alcohol,
    Tobacco, Firearms, and Explosives, Immigration and Customs
    Enforcement, the Drug Enforcement Administration, Customs and
    Border Protection, other Federal agencies (as appropriate), the
    Texas Department of Public Safety, and local law enforcement
    agencies.
      "(2) The Attorney General shall make available funds to provide
    for the ongoing administrative and technological costs to Federal,
    State, and local law enforcement agencies participating in the Task
    Force.
      "(b) Authorization of Appropriations. - There are authorized to
    be appropriated $10,000,000 for each of the fiscal years 2006
    through 2009, for - 
        "(1) the establishment and operation of the United States-
      Mexico Border Violence Task Force; and
        "(2) the investigation, apprehension, and prosecution of
      individuals engaged in drug and firearms trafficking, violence,
      and kidnapping along the border between the United States and
      Mexico."

                              PRIVACY OFFICER                          
      Pub. L. 109-162, title XI, Sec. 1174, Jan. 5, 2006, 119 Stat.
    3124, provided that:
      "(a) In General. - The Attorney General shall designate a senior
    official in the Department of Justice to assume primary
    responsibility for privacy policy.
      "(b) Responsibilities. - The responsibilities of such official
    shall include advising the Attorney General regarding - 
        "(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
      section 552a of title 5, United States Code, and Section 208 of
      the E-Government Act of 2002 (Public Law 107-347) [set out in a
      note under section 3501 of Title 44, Public Printing and
      Documents];
        "(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) Review of Privacy Related Functions, Resources, and Report. -
     Within 120 days of his designation, the privacy official shall
    prepare a comprehensive report to the Attorney General and to the
    Committees on the Judiciary of the House of Representatives and of
    the Senate, describing the organization and resources of the
    Department with respect to privacy and related information
    management functions, including access, security, and records
    management, assessing the Department's current and future needs
    relating to information privacy issues, and making appropriate
    recommendations regarding the Department's organizational structure
    and personnel.
      "(d) Annual Report. - The privacy official shall submit a report
    to the Committees on the Judiciary of the House of Representatives
    and of the Senate on an annual basis on activities of the
    Department that affect privacy, including a summary of complaints
    of privacy violations, implementation of section 552a of title 5,
    United States Code, internal controls, and other relevant matters."

    REPORT TO CONGRESS ON STATUS OF UNITED STATES PERSONS OR RESIDENTS
                    DETAINED ON SUSPICION OF TERRORISM
      Pub. L. 109-162, title XI, Sec. 1176, Jan. 5, 2006, 119 Stat.
    3125, provided that: "Not less often than once every 12 months, the
    Attorney General shall submit to Congress a report on the status of
    United States persons or residents detained, as of the date of the
    report, on suspicion of terrorism. The report shall - 
        "(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        
      Pub. L. 108-458, title II, Sec. 2006, Dec. 17, 2004, 118 Stat.
    3704, provided that: "Not later than 30 days after the date of the
    enactment of this Act [Dec. 17, 2004], and annually thereafter, the
    Attorney General of the United States shall submit to the Committee
    on the Judiciary of the Senate and the Committee on the Judiciary
    of the House of Representatives a report that contains, with
    respect to each preceding 12-month period - 
        "(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 the Federal, State, or local agencies on a full-time,
      part-time, or shared basis;
        "(3) the needs of the Federal Bureau of Investigation for the
      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
      Pub. L. 107-273, div. A, title I, Sec. 104, Nov. 2, 2002, 116
    Stat. 1766, provided that:
      "(a) In General. - The Attorney General shall establish a program
    for each United States Attorney to provide for coordination with
    State and local law enforcement officials in the identification and
    prosecution of violations of Federal firearms laws including school
    gun violence and juvenile gun offenses.
      "(b) Authorization for Hiring 94 Additional Assistant United
    States Attorneys. - There are authorized to be appropriated to
    carry out this section $9,000,000 for fiscal year 2002 to hire an
    additional Assistant United States Attorney in each United States
    Attorney Office."

      DEVELOPMENT AND SUPPORT OF CYBERSECURITY FORENSIC CAPABILITIES  
      Pub. L. 107-56, title VIII, Sec. 816, Oct. 26, 2001, 115 Stat.
    385, provided that:
      "(a) In General. - The Attorney General shall establish such
    regional computer forensic laboratories as the Attorney General
    considers appropriate, and provide support to existing computer
    forensic laboratories, in order that all such computer forensic
    laboratories have the capability - 
        "(1) to provide forensic examinations with respect to seized or
      intercepted computer evidence relating to criminal activity
      (including cyberterrorism);
        "(2) to provide training and education for Federal, State, and
      local law enforcement personnel and prosecutors regarding
      investigations, forensic analyses, and prosecutions of computer-
      related crime (including cyberterrorism);
        "(3) to assist Federal, State, and local law enforcement in
      enforcing Federal, State, and local criminal laws relating to
      computer-related crime;
        "(4) to facilitate and promote the sharing of Federal law
      enforcement expertise and information about the investigation,
      analysis, and prosecution of computer-related crime with State
      and local law enforcement personnel and prosecutors, including
      the use of multijurisdictional task forces; and
        "(5) to carry out such other activities as the Attorney General
      considers appropriate.
      "(b) Authorization of Appropriations. - 
        "(1) Authorization. - There is hereby authorized to be
      appropriated in each fiscal year $50,000,000 for purposes of
      carrying out this section.
        "(2) Availability. - Amounts appropriated pursuant to the
      authorization of appropriations in paragraph (1) shall remain
      available until expended."

     TRAINING OF GOVERNMENT OFFICIALS REGARDING IDENTIFICATION AND USE
                          OF FOREIGN INTELLIGENCE
      Pub. L. 107-56, title IX, Sec. 908, Oct. 26, 2001, 115 Stat. 391,
    provided that:
      "(a) Program Required. - The Attorney General shall, in
    consultation with the Director of Central Intelligence, carry out a
    program to provide appropriate training to officials described in
    subsection (b) in order to assist such officials in - 
        "(1) identifying foreign intelligence information in the course
      of their duties; and
        "(2) utilizing foreign intelligence information in the course
      of their duties, to the extent that the utilization of such
      information is appropriate for such duties.
      "(b) Officials. - The officials provided training under
    subsection (a) are, at the discretion of the Attorney General and
    the Director, the following:
        "(1) Officials of the Federal Government who are not ordinarily
      engaged in the collection, dissemination, and use of foreign
      intelligence in the performance of their duties.
        "(2) Officials of State and local governments who encounter, or
      may encounter in the course of a terrorist event, foreign
      intelligence in the performance of their duties.
      "(c) Authorization of Appropriations. - There is hereby
    authorized to be appropriated for the Department of Justice such
    sums as may be necessary for purposes of carrying out the program
    required by subsection (a)."
      [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 Pub. L. 108-458, set out as a note under section 401 of
    Title 50, War and National Defense.]

                      FIRST RESPONDERS ASSISTANCE ACT                  
      Pub. L. 107-56, title X, Sec. 1005, Oct. 26, 2001, 115 Stat. 393,
    provided that:
      "(a) Grant Authorization. - The Attorney General shall make
    grants described in subsections (b) and (c) to States and units of
    local government to improve the ability of State and local law
    enforcement, fire department and first responders to respond to and
    prevent acts of terrorism.
      "(b) Terrorism Prevention Grants. - Terrorism prevention grants
    under this subsection may be used for programs, projects, and other
    activities to - 
        "(1) hire additional law enforcement personnel dedicated to
      intelligence gathering and analysis functions, including the
      formation of full-time intelligence and analysis units;
        "(2) purchase technology and equipment for intelligence
      gathering and analysis functions, including wire-tap, pen links,
      cameras, and computer hardware and software;
        "(3) purchase equipment for responding to a critical incident,
      including protective equipment for patrol officers such as quick
      masks;
        "(4) purchase equipment for managing a critical incident, such
      as communications equipment for improved interoperability among
      surrounding jurisdictions and mobile command posts for overall
      scene management; and
        "(5) fund technical assistance programs that emphasize
      coordination among neighboring law enforcement agencies for
      sharing resources, and resources coordination among law
      enforcement agencies for combining intelligence gathering and
      analysis functions, and the development of policy, procedures,
      memorandums of understanding, and other best practices.
      "(c) Antiterrorism Training Grants. - Antiterrorism training
    grants under this subsection may be used for programs, projects,
    and other activities to address - 
        "(1) intelligence gathering and analysis techniques;
        "(2) community engagement and outreach;
        "(3) critical incident management for all forms of terrorist
      attack;
        "(4) threat assessment capabilities;
        "(5) conducting followup investigations; and
        "(6) stabilizing a community after a terrorist incident.
      "(d) Application. - 
        "(1) In general. - Each eligible entity that desires to receive
      a grant under this section shall submit an application to the
      Attorney General, at such time, in such manner, and accompanied
      by such additional information as the Attorney General may
      reasonably require.
        "(2) Contents. - Each application submitted pursuant to
      paragraph (1) shall - 
          "(A) describe the activities for which assistance under this
        section is sought; and
          "(B) provide such additional assurances as the Attorney
        General determines to be essential to ensure compliance with
        the requirements of this section.
      "(e) Minimum Amount. - If all applications submitted by a State
    or units of local government within that State have not been funded
    under this section in any fiscal year, that State, if it qualifies,
    and the units of local government within that State, shall receive
    in that fiscal year not less than 0.5 percent of the total amount
    appropriated in that fiscal year for grants under this section.
      "(f) Authorization of Appropriations. - There are authorized to
    be appropriated $25,000,000 for each of the fiscal years 2003
    through 2007."

    REIMBURSEMENT OF EMPLOYEES TRAVELING ON BEHALF OF UNITED STATES IN
                           TEMPORARY DUTY STATUS
      Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Sec.
    115], Sept. 30, 1996, 110 Stat. 3009, 3009-22, provided that:
    "Effective with the enactment of this Act [Sept. 30, 1996] and in
    any fiscal year hereafter, under policies established by the
    Attorney General, the Department of Justice may reimburse employees
    who are paid by an appropriation account within the Department of
    Justice and are traveling on behalf of the United States in
    temporary duty status to investigate, prosecute, or litigate
    (including the provision of support therefor) a criminal or civil
    matter, or for other similar special circumstances, for Federal,
    State, and local taxes heretofore and hereafter resulting from any
    reimbursement of travel expenses from an appropriation account
    within the Department of Justice: Provided, That such reimbursement
    may include an amount equal to all income taxes for which the
    employee would be liable due to such reimbursement."

               OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES           
      Pub. L. 104-132, title VIII, Sec. 801, Apr. 24, 1996, 110 Stat.
    1304, provided that: "The Attorney General and the Secretary of the
    Treasury are authorized to support law enforcement training
    activities in foreign countries, in consultation with the Secretary
    of State, for the purpose of improving the effectiveness of the
    United States in investigating and prosecuting transnational
    offenses."

    REIMBURSEMENT BY OTHER GOVERNMENT AGENCIES OF DEPARTMENT OF JUSTICE
               SALARIES AND EXPENSES IN HIGH-COST LITIGATION
      Pub. L. 103-317, title I, Sec. 109, Aug. 26, 1994, 108 Stat.
    1735, provided that: "Notwithstanding 31 U.S.C. 3302 or any other
    law, in litigation involving unusually high costs, the Department
    of Justice may receive and retain reimbursement for salaries and
    expenses, for fiscal year 1995 and thereafter, from any other
    governmental component being represented in the litigation."

                        NEIGHBORHOOD REVITALIZATION                    
      Pub. L. 102-395, title I, Oct. 6, 1992, 106 Stat. 1830, provided
    in part: "That for fiscal year 1993 and thereafter the Attorney
    General shall (1) promote neighborhood revitalization by developing
    a plan for the use of Federal funds appropriated for selected
    activities in the Departments of Labor, Education, Health and Human
    Services, Transportation, Agriculture, and Housing and Urban
    Development; (2) the Attorney General shall solicit from State and
    local governments plans to revitalize neighborhoods using programs
    administered by such agencies; and (3) the Attorney General shall
    review and approve such plans in consultation with the Federal
    agency to which funds are appropriated".

       PROCUREMENT OF EXPERT WITNESSES WITHOUT REGARD TO COMPETITIVE
                          PROCUREMENT PROCEDURES
      Pub. L. 102-140, title VI, Sec. 611(a), Oct. 28, 1991, 105 Stat.
    832, provided that, notwithstanding any other provision of law:
    "For fiscal year 1992 and thereafter, the Department of Justice may
    procure the services of expert witnesses for use in preparing or
    prosecuting a civil or criminal action, without regard to
    competitive procurement procedures, including the Commerce Business
    Daily publication requirements: Provided, That no witness shall be
    paid more than one attendance fee for any calendar day."

    STRUCTURAL REFORMS TO IMPROVE FEDERAL RESPONSE TO CRIMES AFFECTING
                          FINANCIAL INSTITUTIONS
      Pub. L. 101-647, title XXV, Secs. 2536-2539, Nov. 29, 1990, 104
    Stat. 4883, 4884, provided that:

      "SEC. 2536. ESTABLISHMENT OF FINANCIAL INSTITUTIONS CRIME UNIT
        AND OFFICE OF SPECIAL COUNSEL FOR FINANCIAL INSTITUTIONS CRIME
        UNIT.
      "(a) Establishment. - There is established within the Office of
    the Deputy Attorney General in the Department of Justice a
    Financial Institutions Fraud Unit to be headed by a special counsel
    (hereafter in this title [probably means this subtitle which is
    subtitle D (Secs. 2536-2540) of title XXV of Pub. L. 101-647, which
    amended section 1441a of Title 12, Banks and Banking, and enacted
    this note] referred to as the 'Special Counsel').
      "(b) Responsibility. - The Financial Institutions Fraud Unit and
    the Special Counsel shall be responsible to and shall report
    directly to the Deputy Attorney General.
      "(c) Sunset. - The provisions of this section shall cease to
    apply at the end of the 5-year period beginning on the date of the
    enactment of this Act [Nov. 29, 1990].

      "SEC. 2537. APPOINTMENT RESPONSIBILITIES AND COMPENSATION OF THE
        SPECIAL COUNSEL.
      "(a) Appointment. - The Special Counsel shall be appointed by the
    President, by and with the advice and consent of the Senate.
      "(b) Responsibilities. - The Special Counsel shall - 
        "(1) supervise and coordinate investigations and prosecutions
      within the Department of Justice of fraud and other criminal
      activity in and against the financial services industry,
      including, to the extent consistent with the independent counsel
      provision of chapter 40 of title 28, United States Code, any such
      activity by any current or former elected official or high-level
      executive branch official or any member of the immediate family
      of any such official;
        "(2) ensure that Federal law relating to civil enforcement,
      asset seizure and forfeiture, money laundering, and racketeering
      are used to the fullest extent authorized to recover the proceeds
      of unlawful activities from persons who have committed crimes in
      and against the financial services industry; and
        "(3) ensure that adequate resources are made available for the
      investigation and prosecution of fraud and other criminal
      activity in and against the financial services industry.
      "(c) Compensation. - The Special Counsel shall be paid at the
    basic pay payable for level V of the Executive Schedule.

      "SEC. 2538. ASSIGNMENT OF PERSONNEL.
      "There shall be assigned to the Financial Institutions Fraud Unit
    such personnel as the Attorney General deems necessary to provide
    an appropriate level of enforcement activity in the area of fraud
    and other criminal activity in and against the financial services
    industry.

      "SEC. 2539. FINANCIAL INSTITUTIONS FRAUD TASK FORCES.
      "(a) Establishment. - The Attorney General shall establish such
    financial institutions fraud task forces as the Attorney General
    deems appropriate to ensure that adequate resources are made
    available to investigate and prosecute crimes in or against
    financial institutions and to recover the proceeds of unlawful
    activities from persons who have committed fraud or have engaged in
    other criminal activity in or against the financial services
    industry.
      "(b) Supervision. - The Attorney General shall determine how each
    task force shall be supervised and may provide for the supervision
    of any task force by the Special Counsel.
      "(c) Senior Interagency Group. - 
        "(1) Establishment. - The Attorney General shall establish a
      senior interagency group to assist in identifying the most
      significant financial institution fraud cases and in allocating
      investigative and prosecutorial resources where they are most
      needed.
        "(2) Membership. - The senior interagency group shall be
      chaired by the Special Counsel and shall include senior officials
      from - 
          "(A) the Department of Justice, including representatives of
        the Federal Bureau of Investigation, the Advisory Committee of
        United States Attorneys, and other relevant entities;
          "(B) the Department of the Treasury;
          "(C) the Office of Thrift Supervision;
          "(D) the Resolution Trust Corporation;
          "(E) the Federal Deposit Insurance Corporation;
          "(F) the Office of the Comptroller of the Currency;
          "(G) the Board of Governors of the Federal Reserve System;
        and
          "(H) the National Credit Union Administration.
        "(3) Duties. - This senior interagency group shall enhance
      interagency coordination and assist in accelerating the
      investigations and prosecution of financial institutions fraud."

    AUTHORIZATION OF APPROPRIATIONS FOR HUMANITARIAN EXPENSES INCURRED
          BY FEDERAL BUREAU OF INVESTIGATION AND DRUG ENFORCEMENT
                              ADMINISTRATION
      Pub. L. 101-647, title XXXII, Sec. 3201, Nov. 29, 1990, 104 Stat.
    4916, as amended by Pub. L. 105-277, div. A, Sec. 101(b) [title I,
    Sec. 109(a)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-67, provided
    that: "Appropriations in this or any other Act hereafter for the
    Federal Bureau of Investigation, the Drug Enforcement
    Administration, or the Immigration and Naturalization Service are
    available, in an amount of not to exceed $25,000 each per fiscal
    year, to pay humanitarian expenses incurred by or for any employee
    thereof (or any member of the employee's immediate family) that
    results from or is incident to serious illness, serious injury, or
    death occurring to the employee while on official duty or
    business."
      [For abolition of Immigration and Naturalization Service,
    transfer of functions, and treatment of related references, see
    note set out under section 1551 of Title 8, Aliens and
    Nationality.]

     INVESTIGATION OF FINANCIAL INSTITUTIONS; ASSISTANCE OF GOVERNMENT
                                 PERSONNEL
      Pub. L. 101-509, title V, Sec. 528, Nov. 5, 1990, 104 Stat. 1427,
    as amended by Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990,
    104 Stat. 5117; Pub. L. 103-322, title XXXII, Sec. 320923, Sept.
    13, 1994, 108 Stat. 2131, provided that:
      "(a) Notwithstanding any other law and in any fiscal year - 
        "(1) The Attorney General shall accept, and Federal departments
      and agencies, including the United States Secret Service, the
      Internal Revenue Service, the Resolution Trust Corporation, and
      the appropriate Federal banking agency, may provide, without
      reimbursement, the services of attorneys, law enforcement
      personnel, and other employees of any other departments or
      agencies of the Federal Government to assist the Department of
      Justice, subject to the supervision of the Attorney General, in
      the investigation and prosecution of fraud or other criminal or
      unlawful activity in or against any federally insured financial
      institution or the Resolution Trust Corporation;
        "(2) any attorney of a department or agency whose services are
      accepted pursuant to paragraph (1) may, subject to the
      supervision of the Attorney General, conduct any kind of legal
      proceeding, civil or criminal, including grand jury proceedings
      and proceedings before committing magistrate judges, and perform
      any other investigative or prosecutorial function, which United
      States attorneys are authorized by law to conduct or perform
      whether or not the attorney is a resident of the district in
      which the proceeding is brought; and
        "(3) law enforcement personnel of the United States Secret
      Service are authorized, subject to the supervision of the
      Attorney General, to conduct or perform any kind of
      investigation, civil or criminal, related to fraud or other
      criminal or unlawful activity in or against any federally insured
      financial institution or the Resolution Trust Corporation, which
      the Department of Justice law enforcement personnel are
      authorized by law to conduct or perform: Provided, That the
      Secret Service shall not initiate investigations pursuant to this
      section independent of the supervision of the Attorney General.
      "(b) This section - 
        "(1) shall not, except as expressly provided herein, alter the
      authority of any Federal law enforcement agency; and
        "(2) shall expire on December 31, 2004.
      "(c) This section applies notwithstanding any other provision of
    law enacted by the 101st Congress after October 15, 1990, that by
    its terms would grant authority to, or otherwise affect the
    authority of, the Secret Service or other departments or agencies
    of the Federal Government to conduct or to assist the Department of
    Justice in conducting investigations or prosecutions of fraud or
    other criminal or unlawful activity in or against any federally
    insured financial institution or the Resolution Trust Corporation,
    and any other such provision shall not be effective in granting or
    otherwise affecting any such authority."
      [For transfer of the functions, personnel, assets, and
    obligations of the United States Secret Service, including the
    functions of the Secretary of the Treasury relating thereto, to the
    Secretary of Homeland Security, and for treatment of related
    references, see sections 381, 551(d), 552(d), and 557 of Title 6,
    Domestic Security, and the Department of Homeland Security
    Reorganization Plan of November 25, 2002, as modified, set out as a
    note under section 542 of Title 6.]

     PROCESSING OF NAME CHECKS AND BACKGROUND RECORDS FOR NONCRIMINAL
             EMPLOYMENT, LICENSING, AND HUMANITARIAN PURPOSES
      Pub. L. 101-162, title II, Nov. 21, 1989, 103 Stat. 995, provided
    in part: "That for fiscal year 1990 and hereafter the Chief, United
    States National Central Bureau, INTERPOL, may establish and collect
    fees to process name checks and background records for noncriminal
    employment, licensing, and humanitarian purposes and,
    notwithstanding the provisions of 31 U.S.C. 3302, credit such fees
    to this appropriation to be used for salaries and other expenses
    incurred in providing these services".

        EXPENSES OF LEGAL DEFENSE FOR FEDERAL GOVERNMENT EMPLOYEES
        PERFORMING OFFICIAL DUTIES; FEES AND EXPENSES OF WITNESSES
      Pub. L. 101-162, title II, Nov. 21, 1989, 103 Stat. 997,
    provided: "That for fiscal year 1990 and hereafter the Attorney
    General may enter into reimbursable agreements with other Federal
    Government agencies or components within the Department of Justice
    to pay expenses of private counsel to defend Federal Government
    employees sued for actions while performing their official duties:
    Provided further, That for fiscal year 1990 and hereafter the
    Attorney General, upon notification to the Committees on
    Appropriations of the House of Representatives and the Senate in
    compliance with provisions set forth in section 606 of this Act
    [Pub. L. 101-162, title VI, Nov. 21, 1989, 103 Stat. 1031], may
    authorize litigating components to reimburse this account for
    expert witness expenses when it appears current allocations will be
    exhausted for cases scheduled for trial in the current fiscal
    year."

                          UNIFORMS AND ALLOWANCES                      
      Pub. L. 101-162, title II, Sec. 203, Nov. 21, 1989, 103 Stat.
    1002, provided that: "For fiscal year 1990 and hereafter,
    appropriations for 'Salaries and expenses, General Administration',
    'Salaries and expenses, United States Marshals Service', 'Salaries
    and expenses, Federal Bureau of Investigation', 'Salaries and
    expenses, Drug Enforcement Administration', 'Salaries and expenses,
    Immigration and Naturalization Service', and 'Salaries and
    expenses, Federal Prison System', shall be available for uniforms
    and allowances therefor as authorized by law (5 U.S.C. 5901-5902)."
      [For abolition of Immigration and Naturalization Service,
    transfer of functions, and treatment of related references, see
    note set out under section 1551 of Title 8, Aliens and
    Nationality.]

    JUSTICE DEPARTMENT ORGANIZED CRIME AND DRUG ENFORCEMENT ENHANCEMENT
      Pub. L. 100-690, title I, subtitle B, Nov. 18, 1988, 102 Stat.
    4189, provided that:

      "SEC. 1051. SHORT TITLE.
      "This subtitle may be cited as the 'Justice Department Organized
    Crime and Drug Enforcement Enhancement Act of 1988'.

      "SEC. 1052. FINDINGS.
      "The Congress finds that - 
        "(1) organized criminal activity contributes significantly to
      the importation, distribution, and sale of illegal and dangerous
      drugs;
        "(2) trends in drug trafficking patterns necessitate a response
      that gives appropriate weight to - 
          "(A) the prosecution of drug-related crimes; and
          "(B) the forfeiture and seizure of assets and other civil
        remedies used to strike at the inherent strength of the drug
        networks and organized crime groups;
        "(3) law enforcement components of the Department of Justice
      should give high priority to the enforcement of civil sanctions
      against drug networks and organized crime groups; and
        "(4) the structure of the Department of Justice Criminal
      Division needs to be reviewed in order to determine the most
      effective structure to address such drug-related problems.

      "SEC. 1053. CIVIL ENFORCEMENT REPORT.
      "(a) Report. - Not later than 1 year after the date of the
    enactment of this title [Nov. 18, 1988], the Director of National
    Drug Control Policy (the Director) in consultation with the
    Attorney General, shall report to the Congress on the necessity to
    establish a new division or make other organizational changes
    within the Department of Justice in order to promote better civil
    and criminal law enforcement. In preparing such report, the
    Director shall consider restructuring and consolidating one or more
    of the following divisions and programs - 
        "(1) the Organized Crime and Racketeering Section of the
      Criminal Division and all subordinate strike forces therein;
        "(2) the Narcotic and Dangerous Drug Section of the Criminal
      Division;
        "(3) the Asset Forfeiture Office of the Criminal Division; and
        "(4) the Organized Crime Drug Enforcement Task Force
      Program;[.]
      "(b) Legislative Recommendations. - The report submitted under
    subsection (a) shall include appropriate legislative
    recommendations for the Congress.

      "SEC. 1054. CIVIL ENFORCEMENT ENHANCEMENT.
      "(a) Duty of Attorney General. - The Attorney General shall
    insure that each component of the Department of Justice having
    criminal law enforcement responsibilities with respect to the
    prosecution of organized crime and controlled substances
    violations, including each United States Attorney's Office,
    attaches a high priority to the enforcement of civil statutes
    creating ancillary sanctions and remedies for such violations, such
    as civil penalties and actions, forfeitures, injunctions and
    restraining orders, and collection of fines.
      "(b) Duty of Associate Attorney General. - The Associate Attorney
    General shall be responsible for implementing the policy set forth
    in this subsection.
      "(c) Authorization of Appropriations. - (1) There are authorized
    to be appropriated $3,000,000 for salaries and expenses to the
    Department of Justice General Legal Activities Account and
    $3,000,000 for salaries and expenses for United States Attorneys
    for fiscal year 1989.
      "(2) Any appropriation of funds authorized under paragraph (1)
    shall be - 
        "(A) in addition to any appropriations requested by the
      President in the 1989 fiscal year budget submitted by the
      President to the Congress on February 18, 1988, or provided in
      regular appropriations Acts or continuing resolutions for the
      fiscal year ending September 30, 1989; and
        "(B) used to increase the number of field attorneys and related
      support staff over such personnel levels employed at the
      Department of Justice on September 30, 1988.
      "(3) Any increase in full-time equivalent positions described
    under paragraph (2)(B) shall be exclusively used for asset
    forfeiture and civil enforcement and be assigned to appropriate
    field offices of the Organized Crime and Racketeering Section and
    the Organized Crime Drug Enforcement Task Forces.
      "(d) Reporting Requirement. - The Attorney General, at the end of
    each such fiscal year, shall file a report with the Congress
    setting forth the extent of such enforcement efforts, as well as
    the need for any enhancements in resources necessary to carry out
    this policy.

      "SEC. 1055. EXPENSES OF TASK FORCES.
      "(a) Appropriations and Reimbursements Procedure. - Beginning in
    fiscal year 1990, the Attorney General in his budget shall submit a
    separate appropriations request for expenses relating to all
    Federal agencies participating in the Organized Crime Drug
    Enforcement Task Forces. Such appropriations shall be made to the
    Department of Justice's Interagency Law Enforcement Appropriation
    Account for the Attorney General to make reimbursements to the
    involved agencies as necessary.
      "(b) Enhancement of Field Activities. - The appropriations and
    reimbursements procedure described under subsection (a) shall - 
        "(1) provide for the flexibility of the Task Forces which is
      vital to success;
        "(2) permit Federal law enforcement resources to be shifted in
      response to changing patterns of organized criminal drug
      activities;
        "(3) permit the Attorney General to reallocate resources among
      the organizational components of the Task Forces and between
      regions without undue delay; and
        "(4) ensure that the Task Forces function as a unit, without
      the competition for resources among the participating agencies
      that would undermine the overall effort."
      [For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which a report required under section 1054(d) of Pub. L. 100-690,
    set out above, is listed on page 118), see section 3003 of Pub. L.
    104-66, as amended, set out as a note under section 1113 of Title
    31, Money and Finance.]

     IMPACT ANALYSIS OF ADDITIONAL RESOURCES TO CERTAIN COMPONENTS OF
     FEDERAL CRIMINAL JUSTICE SYSTEM; STUDY BY COMPTROLLER GENERAL AND
                            REPORT TO CONGRESS
      Pub. L. 100-690, title IX, Sec. 9201, Nov. 18, 1988, 102 Stat.
    4535, provided that:
      "(a) Study. - The Comptroller General of the United States shall
    conduct a study - 
        "(1) to determine the impact of additional resources to certain
      components of the Federal criminal justice system on other
      components of the system and of enhanced or new Federal criminal
      penalties or laws on the agencies and offices of the Department
      of Justice, the Federal courts, and other components of the
      Federal criminal justice system; and
        "(2) use the data derived from the impact analysis to develop a
      model that can be applied by Congress and Federal agencies and
      departments to help determine appropriate staff and budget
      responses in order to maintain balance in the Federal criminal
      justice system and effectively implement changes in resources,
      laws, or penalties.
      "(b) Report to Congress. - The Comptroller General shall report
    the results and recommendations derived from the study required by
    subsection (a) no later than 1 year after the date of enactment of
    this Act [Nov. 18, 1988]."

      FEDERAL ENVIRONMENTAL OR NATURAL RESOURCE LAWS; INVESTIGATIONS
                             RESPECTING, ETC.
      Pub. L. 96-132, Sec. 12, Nov. 30, 1979, 93 Stat. 1048, provided
    that: "The Attorney General may, with the concurrence of any agency
    or Department with primary enforcement responsibility for an
    environmental or natural resource law, investigate any violation,
    of an environmental or natural resource law of the United States,
    and bring such actions as are necessary to enforce such laws. This
    section does not affect the criminal law enforcement authority of
    the Attorney General."

    POSITIONS IN DRUG ENFORCEMENT ADMINISTRATION; GRADES EXCEPTED FROM
     COMPETITIVE SERVICE; VACANCIES; REMOVAL, SUSPENSION, OR REDUCTION
                        IN RANK OR PAY; RATE OF PAY
      Pub. L. 94-503, title II, Sec. 201, Oct. 15, 1976, 90 Stat. 2425,
    provided that:
      "(a) Effective beginning one year after date of the enactment of
    this Act [Oct. 15, 1976], the following positions in the Drug
    Enforcement Administration (and individuals holding such positions)
    are hereby excepted from the competitive service:
        "(1) positions at GS-16, 17, and 18 of the General Schedule
      under section 5332(a) of title 5, United States Code, and
        "(2) positions at GS-15 of the General Schedule which are
      designated as - 
          "(A) regional directors,
          "(B) office heads, or
          "(C) executive assistants (or equivalent positions) under the
        immediate supervision of the Administrator (or the Deputy
        Administrator) of the Drug Enforcement Administration.
      "(b) Effective during the one year period beginning on the date
    of the enactment of this Act [Oct. 15, 1976], vacancies in
    positions in the Drug Enforcement Administration (other than
    positions described in subsection (a)) at a grade not lower than GS-
    14 shall be filled - 
        "(1) first, from applicants who have continuously held
      positions described in subsection (a) since the date of the
      enactment of this Act and who have applied for, and are qualified
      to fill, such vacancies, and
        "(2) then, from other applicants in the order which would have
      occurred in the absence of this subsection.
    Any individual placed in a position under paragraph (1) shall be
    paid in accordance with subsection (d).
      "(c)(1) Effective beginning one year after the date of the
    enactment of this Act [Oct. 15, 1976], an individual in a position
    described in subsection (a) may be removed, suspended for more than
    30 days, furloughed without pay, or reduced in rank or pay by the
    Administrator of the Drug Enforcement Administration if - 
        "(A) such individual has been employed in the Drug Enforcement
      Administration for less than the one-year period immediately
      preceding the date of such action, and
        "(B) the Administrator determines, in his discretion, that such
      action would promote the efficiency of the service.
      "(2) Effective beginning one year after the date of the enactment
    of this Act [Oct. 15, 1976], an individual in a position described
    in subsection (a) may be reduced in rank or pay by the
    Administrator within the Drug Enforcement Administration if - 
        "(A) such individual has been continuously employed in such
      position since the date of the enactment of this Act, and
        "(B) the Administrator determines, in his discretion, that such
      action would promote the efficiency of the service.
    Any individual reduced in rank or pay under this paragraph shall be
    paid in accordance with subsection (d).
      "(3) The provisions of sections 7512 and 7701 of title 5, United
    States Code, and otherwise applicable Executive orders, shall not
    apply with respect to actions taken by the Administrator under
    paragraph (1) or any reduction in rank or pay (under paragraph (2)
    or otherwise) of any individual in a position described in
    subsection (a).
      "(d) Any individual whose pay is to be determined in accordance
    with this subsection shall be paid basic pay at the rate of basic
    pay he was receiving immediately before he was placed in a position
    under subsection (b)(1) or reduced in rank or pay under subsection
    (c)(2), as the case may be, until such time as the rate of basic
    pay he would receive in the absence of this subsection exceeds such
    rate of basic pay. The provisions of section 5337 of title 5,
    United States Code, shall not apply in any case in which this
    subsection applies."
      [References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.]

                     REORGANIZATION PLAN NO. 1 OF 1968                 
    Eff. Apr. 8, 1968, 33 F.R. 5611, 82 Stat. 1367, as amended Reorg.
      Plan No. 2 of 1973, Sec. 3, eff. July 1, 1973, 38 F.R. 15932, 87
      Stat. 1091
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, February 7, 1968,
      pursuant to the provisions of chapter 9 of title 5 of the United
      States Code.

                       NARCOTICS; DRUG ABUSE CONTROL                   

         SECTION 1. TRANSFER OF FUNCTIONS FROM TREASURY DEPARTMENT     
      There are hereby transferred to the Attorney General:
      (a) Those functions of the Secretary of the Treasury which are
    administered through or with respect to the Bureau of Narcotics.
      (b) All functions of the Bureau of Narcotics, of the Commissioner
    of Narcotics, and of all other officers, employees and agencies of
    the Bureau of Narcotics.
      (c) So much of other functions or parts of functions of the
    Secretary of the Treasury and the Department of the Treasury as is
    incidental to or necessary for the performance of the functions
    transferred by paragraphs (a) and (b) of this section.

       SEC. 2. TRANSFER OF FUNCTIONS FROM THE DEPARTMENT OF HEALTH,
                          EDUCATION, AND WELFARE
      There are hereby transferred to the Attorney General:
      (a) The functions of the Secretary of Health, Education, and
    Welfare under the Drug Abuse Control Amendments of 1965 (Public Law
    89-74; 79 Stat. 226) [see Short Title note under 21 U.S.C. 301],
    except the function of regulating the counterfeiting of those drugs
    which are not controlled "depressant or stimulant" drugs.
      (b) So much of other functions or parts of functions of the
    Secretary of Health, Education, and Welfare, and of the Department
    of Health, Education, and Welfare, as is incidental to or necessary
    for the performance of the functions transferred by paragraph (a)
    of this section.

              SEC. 3. BUREAU OF NARCOTICS AND DANGEROUS DRUGS          
      (a) [Repealed. Reorg. Plan No. 2 of 1973, Sec. 3, 38 F.R. 15932,
    87 Stat. 1091, eff. July 1, 1973. Subsection established the Bureau
    of Narcotics and Dangerous Drugs in the Department of Justice and
    provided that it be headed by a Director appointed by the Attorney
    General.]
      (b) There are hereby established in the Department of Justice, in
    addition to the positions transferred to that Department by this
    Plan, four new positions, appointment to which shall be made by the
    Attorney General in the competitive service. Two of those positions
    shall have compensation at the rate now or hereafter provided for
    GS-18 positions of the General Schedule and the other two shall
    have compensation at the rate now or hereafter provided for GS-16
    positions of the General Schedule (5 U.S.C. 5332). Each such
    position shall have such title and duties as the Attorney General
    shall prescribe.
      [References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.]

                             SEC. 4. ABOLITION                         
      The Bureau of Narcotics in the Department of the Treasury,
    including the office of Commissioner of Narcotics (21 U.S.C. 161),
    is hereby abolished. The Secretary of the Treasury shall make such
    provision as he may deem necessary with respect to terminating
    those affairs of the Bureau of Narcotics not otherwise provided for
    in this reorganization plan.

               SEC. 5. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      The Attorney General may from time to time make such provisions
    as he shall deem appropriate authorizing the performance of any of
    the functions transferred to him by the provisions of this
    reorganization plan by any officer, employee, or organizational
    entity of the Department of Justice.

                       SEC. 6. INCIDENTAL TRANSFERS                   
      (a) There are hereby transferred to the Department of Justice all
    of the positions, personnel, property, records, and unexpended
    balances of appropriations, allocations, and other funds, available
    or to be made available, (1) of the Bureau of Narcotics, and (2) of
    the Bureau of Drug Abuse Control of the Department of Health,
    Education, and Welfare.
      (b) There shall be transferred to the Department of Justice, at
    such time or times as the Director of the Bureau of the Budget
    shall direct, so much as the Director shall determine of other
    positions, personnel, property, records and unexpended balances of
    appropriations, allocations, and other funds of the Department of
    the Treasury and of the Department of Health, Education, and
    Welfare employed, used, held, available or to be made available in
    connection with functions transferred by the provisions of this
    reorganization plan.
      (c) Such further measures and dispositions as the Director of the
    Bureau of the Budget shall deem to be necessary in order to
    effectuate the transfers provided in this section shall be carried
    out in such manner as he may direct and by such agencies as he
    shall designate.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:

      In my first Reorganization Plan of 1968, I call for the creation
    of a new and powerful Bureau of Narcotics and Dangerous Drugs.
      With this action, America will serve notice to the pusher and the
    peddler that their criminal acts must stop.
      No matter how well organized they are, we will be better
    organized. No matter how well they have concealed their activities,
    we will root them out.
      Today, Federal investigation and enforcement of our narcotics
    laws are fragmented. One major element - the Bureau of Narcotics -
    is in the Treasury Department and responsible for the control of
    marihuana and narcotics such as heroin. Another - the Bureau of
    Drug Abuse Control - is in the Department of Health, Education, and
    Welfare, and is responsible for the control of dangerous drugs
    including depressants, stimulants, and hallucinogens such as LSD.
      Neither is located in the agency which is primarily concerned
    with Federal law enforcement - the Department of Justice.
      This separation of responsibilities - despite the relentless and
    dedicated efforts of the agents of each Bureau - has complicated
    and hindered our response to a national menace.
      For example, more than nine out of ten seizures of LSD made by
    the Bureau of Drug Abuse Control have also turned up marihuana -
    but that Bureau has no jurisdiction over marihuana.
      In many instances, we are confronted by well organized
    disciplined and resourceful criminals who reap huge profits at the
    expense of their unfortunate victims.
      The response of the Federal Government must be unified. And it
    must be total.
      Today, in my Message on Crime, I recommended strong new laws to
    control dangerous drugs. I also recommended an increase of more
    than thirty percent in the number of Federal agents enforcing the
    narcotic and dangerous drug laws.
      I now propose that a single Bureau of Narcotics and Dangerous
    Drugs be established in the Department of Justice to administer
    those laws and to bring to the American people the most efficient
    and effective Federal enforcement machinery we can devise.
      Under this Reorganization Plan the Attorney General will have
    full authority and responsibility for enforcing the Federal laws
    relating to narcotics and dangerous drugs. The new Bureau of
    Narcotics and Dangerous Drugs, to be headed by a Director appointed
    by the Attorney General, will:
       - consolidate the authority and preserve the experience and
         manpower of the Bureau of Narcotics and the Bureau of Drug
         Abuse Control.
       - work with states and local governments in their crackdown on
         illegal trade in drugs and narcotics, and help to train local
         agents and investigators.
       - maintain worldwide operations, working closely with other
         nations, to suppress the trade in illicit narcotics and
         marihuana.
       - conduct an extensive campaign of research and a nationwide
         public education program on drug abuse and its tragic effects.
      The Plan I forward today moves in the direction recommended by
    two distinguished groups:
       - 1949 Hoover Commission.
       - the 1963 Presidential Advisory Commission on Narcotic and Drug
         Abuse.
      This Administration and this Congress have the will and the
    determination to stop the illicit traffic in drugs.
      But we need more than the will and the determination. We need a
    modern and efficient instrument of Government to transform our
    plans into action. That is what this Reorganization Plan calls for.
      The Plan has been prepared in accordance with chapter 9 of title
    5 of the United States Code.
      I have found, after investigation, that each reorganization
    included in the plan is necessary to accomplish one or more of the
    purposes set forth in section 901(a) of title 5 of the United
    States Code.
      I have also found that, by reason of these reorganizations, it is
    necessary to include in the accompanying plan provisions for the
    appointment and compensation of the five new positions as specified
    in section 3 of the plan. The rates of compensation fixed for these
    new positions are those which I have found to prevail in respect of
    comparable positions in the Executive Branch of the Government.
      Should the reorganization I propose take effect, they will make
    possible more effective and efficient administration of Federal law
    enforcement functions. It is not practicable at this time, however,
    to itemize the reduction in expenditures which may result.
      I recommend that the Congress allow this urgently needed and
    important Reorganization Plan to become effective.
                                                      Lyndon B. Johnson.

      The White House, February 7, 1968

                     REORGANIZATION PLAN NO. 2 OF 1973                 
    Effective July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, as amended
      Pub. L. 93-253, Sec. 1, Mar. 16, 1974, 88 Stat. 50
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, March 28, 1973,
      pursuant to the provisions of Chapter 9 of Title 5 of the United
      States Code.

                LAW ENFORCEMENT IN ILLICIT DRUG ACTIVITIES            

               SECTION 1. TRANSFERS TO THE ATTORNEY GENERAL           
      There are hereby transferred from the Secretary of the Treasury,
    the Department of the Treasury, and any other officer or any agency
    of the Department of the Treasury, to the Attorney General all
    intelligence, investigative, and law enforcement functions, vested
    by law in the Secretary, the Department, officers, or agencies
    which relate to the suppression of illicit traffic in narcotics,
    dangerous drugs, or marihuana, except that the Secretary shall
    retain, and continue to perform, those functions, to the extent
    that they relate to searches and seizures of illicit narcotics,
    dangerous drugs, or marihuana or to the apprehension or detention
    of persons in connection therewith, at regular inspection locations
    at ports of entry or anywhere along the land or water borders of
    the United States: Provided, that any illicit narcotics, dangerous
    drugs, marihuana, or related evidence seized, and any person
    apprehended or detained by the Secretary or any officer of the
    Department of the Treasury, pursuant to the authority retained in
    them by virtue of this section, shall be turned over forthwith to
    the jurisdiction of the Attorney General: Provided further, that
    nothing in this section shall be construed as limiting in any way
    any authority vested by law in the Secretary of the Treasury, the
    Department of the Treasury, or any other officer or any agency of
    that Department on the effective date of this Plan with respect to
    contraband other than illicit narcotics, dangerous drugs, and
    marihuana: and Provided further, that nothing in this section shall
    be construed as limiting in any way any authority the Attorney
    General, the Department of Justice, or any other officer or any
    agency of that Department may otherwise have to make investigations
    or engage in law enforcement activities, including activities
    relating to the suppression of illicit traffic in narcotics,
    dangerous drugs, and marihuana, at ports of entry or along the land
    and water borders of the United States.

            SEC. 2. TRANSFERS TO THE SECRETARY OF THE TREASURY        
      [Repealed. Pub. L. 93-253, Sec. 1(a)(1), (b), Mar. 16, 1974, 88
    Stat. 50, eff. July 1, 1973. Section provided for transfer to
    Secretary of the Treasury of functions vested in Attorney General,
    Department of Justice, or any other officer of such Department
    respecting inspection at ports of entry of persons, and documents
    of persons, entering or leaving the United States.]

                             SEC. 3. ABOLITION                         
      The Bureau of Narcotics and Dangerous Drugs, including the Office
    of Director thereof, is hereby abolished, and section 3(a) of
    Reorganization Plan No. 1 of 1968 is hereby repealed. The Attorney
    General shall make such provision as he may deem necessary with
    respect to terminating those affairs of the Bureau of Narcotics and
    Dangerous Drugs not otherwise provided for in this Reorganization
    Plan.

                  SEC. 4. DRUG ENFORCEMENT ADMINISTRATION              
      There is established in the Department of Justice an agency which
    shall be known as the Drug Enforcement Administration, hereinafter
    referred to as "the Administration."

                  SEC. 5. OFFICERS OF THE ADMINISTRATION              
      (a) There shall be at the head of the Administration the
    Administrator of Drug Enforcement, hereinafter referred to as "the
    Administrator." The Administrator shall be appointed by the
    President by and with the advice and consent of the Senate, and
    shall receive compensation at the rate now or hereafter prescribed
    by law for positions of level III of the Executive Schedule Pay
    Rates (5 U.S.C. 5314). He shall perform such functions as the
    Attorney General shall from time to time direct.
      (b) There shall be in the Administration a Deputy Administrator
    of the Drug Enforcement Administration, hereinafter referred to as
    "the Deputy Administrator," who shall be appointed by the President
    by and with the advice and consent of the Senate, shall perform
    such functions as the Attorney General may from time to time
    direct, and shall receive compensation at the rate now or hereafter
    prescribed by law for positions of level V of the Executive
    Schedule Pay Rates (5 U.S.C. 5316).
      (c) The Deputy Administrator or such other official of the
    Department of Justice as the Attorney General shall from time to
    time designate shall act as Administrator during the absence or
    disability of the Administrator or in the event of a vacancy in the
    office of Administrator.

               SEC. 6. PERFORMANCE OF TRANSFERRED FUNCTIONS           
      The Attorney General may from time to time make such provisions
    as he shall deem appropriate authorizing the performance of any of
    the functions transferred to him by the provisions of this
    Reorganization Plan by any officer, employee, or agency of the
    Department of Justice.
      [Section, former subsec. (a) designation, and subsec. (b)
    providing for performance of functions transferred to Secretary of
    Treasury by any officer, employee, or agency of Treasury
    Department, repealed by Pub. L. 93-253, Sec. 1(a)(2), (b), Mar. 16,
    1974, 88 Stat. 50, eff. July 1, 1973.]

                           SEC. 7. COORDINATION                       
      The Attorney General, acting through the Administrator and such
    other officials of the Department of Justice as he may designate,
    shall provide for the coordination of all drug law enforcement
    functions vested in the Attorney General so as to assure maximum
    cooperation between and among the Administration, the Federal
    Bureau of Investigation, and other units of the Department involved
    in the performance of these and related functions.

                       SEC. 8. INCIDENTAL TRANSFERS                   
      (a) So much of the personnel, property, records, and unexpended
    balances of appropriations, allocations, and other funds employed,
    used, held, available or to be made available in connection with
    the functions transferred to the Attorney General and to the
    Secretary of the Treasury by this Reorganization Plan as the
    Director of the Office of Management and Budget shall determine
    shall be transferred to the Department of Justice and to the
    Department of the Treasury, respectively, at such time or times as
    the Director shall direct.
      (b) Such further measures and dispositions as the Director of the
    Office of Management and Budget shall deem to be necessary in order
    to effectuate transfers referred to in subsection (a) of this
    section shall be carried out in such manner as he shall direct and
    by such Federal agencies as he shall designate.

                         SEC. 9. INTERIM OFFICERS                     
      (a) The President may authorize any person who, immediately prior
    to the effective date of this Reorganization Plan, held a position
    in the Executive Branch of the Government to act as Administrator
    until the office of Administrator is for the first time filled
    pursuant to the provisions of this Reorganization Plan or by recess
    appointment as the case may be.
      (b) The President may similarly authorize any such person to act
    as Deputy Administrator.
      (c) The President may authorize any person who serves in an
    acting capacity under the foregoing provisions of this section to
    receive the compensation attached to the office in respect to which
    he so serves. Such compensation, if authorized, shall be in lieu
    of, but not in addition to, other compensation from the United
    States to which such person may be entitled.

                          SEC. 10. EFFECTIVE DATE                      
      The provisions of this Reorganization Plan shall take effect as
    provided by section 906(a) of title 5 of the United States Code or
    on July 1, 1973, whichever is later.

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:

      Drug abuse is one of the most vicious and corrosive forces
    attacking the foundations of American society today. It is a major
    cause of crime and a merciless destroyer of human lives. We must
    fight it with all of the resources at our command.
      This Administration has declared all-out, global war on the drug
    menace. As I reported to the Congress earlier this month in my
    State of the Union message, there is evidence of significant
    progress on a number of fronts in that war.
      Both the rate of new addiction to heroin and the number of
    narcotic-related deaths showed an encouraging downturn last year.
    More drug addicts and abusers are in treatment and rehabilitation
    programs than ever before.
      Progress in pinching off the supply of illicit drugs was evident
    in last year's stepped-up volume of drug seizures worldwide - which
    more than doubled in 1972 over the 1971 level.
      Arrests of traffickers have risen by more than one-third since
    1971. Prompt Congressional action on my proposal for mandatory
    minimum sentences for pushers of hard drugs will help ensure that
    convictions stemming from such arrests lead to actual imprisonment
    of the guilty.
      Notwithstanding these gains, much more must be done. The
    resilience of the international drug trade remains grimly
    impressive - current estimates suggest that we still intercept only
    a small fraction of all the heroin and cocaine entering this
    country. Local police still find that more than one of every three
    suspects arrested for street crimes is a narcotic abuser or addict.
    And the total number of Americans addicted to narcotics, suffering
    terribly themselves and inflicting their suffering in countless
    others, still stands in the hundreds of thousands.

                  A UNIFIED COMMAND FOR DRUG ENFORCEMENT              
      Seeking ways to intensify our counter-offensive against this
    menace, I am asking the Congress today to join with this
    Administration in strengthening and streamlining the Federal drug
    law enforcement effort.
      Funding for this effort has increased sevenfold during the past
    five years, from $36 million in fiscal year 1969 to $257 million in
    fiscal year 1974 - more money is not the most pressing enforcement
    need at present. Nor is there a primary need for more manpower
    working on the problem, over 2100 new agents having already been
    added to the Federal drug enforcement agencies under this
    Administration, an increase of more than 250 percent over the 1969
    level.
      The enforcement work could benefit significantly, however, from
    consolidation of our anti-drug forces under a single unified
    command. Right now the Federal Government is fighting the war on
    drug abuse under a distinct handicap, for its efforts are those of
    a loosely confederated alliance facing a resourceful, elusive,
    worldwide enemy. Admiral Mahan, the master naval strategist,
    described this handicap precisely when he wrote that "Granting the
    same aggregate of force, it is never as great in two hands as in
    one, because it is not perfectly concentrated."
      More specifically, the drug law enforcement activities of the
    United States now are not merely in two hands but in half a dozen.
    Within the Department of Justice, with no overall direction below
    the level of the Attorney General, these fragmented forces include
    the Bureau of Narcotics and Dangerous Drugs, the Office for Drug
    Abuse Law Enforcement, the Office of National Narcotics
    Intelligence, and certain activities of the Law Enforcement
    Assistance Administration. The Treasury Department is also heavily
    engaged in enforcement work through the Bureau of Customs.
      This aggregation of Federal activities has grown up rapidly over
    the past few years in response to the urgent need for stronger anti-
    drug measures. It has enabled us to make a very encouraging
    beginning in the accelerated drug enforcement drive of this
    Administration.
      But it also has serious operational and organizational
    shortcomings. Certainly the cold-blooded underworld networks that
    funnel narcotics from suppliers all over the world into the veins
    of American drug victims are no respecters of the bureaucratic
    dividing lines that now complicate our anti-drug efforts. On the
    contrary, these modern-day slave traders can derive only advantage
    from the limitations of the existing organizational patchwork.
    Experience has now given us a good basis for correcting those
    limitations, and it is time to do so.
      I therefore propose creation of a single, comprehensive Federal
    agency within the Department of Justice to lead the war against
    illicit drug traffic.
      Reorganization Plan No. 2 of 1973, which I am transmitting to the
    Congress with this message, would establish such an agency, to be
    called the Drug Enforcement Administration. It would be headed by
    an Administrator reporting directly to the Attorney General.
      The Drug Enforcement Administration would carry out the following
    anti-drug functions, and would absorb the associated manpower and
    budgets:
       - All functions of the Bureau of Narcotics and Dangerous Drugs
         (which would be abolished as a separate entity by the
         reorganization plan);
       - Those functions of the Bureau of Customs pertaining to drug
         investigations and intelligence (to be transferred from the
         Treasury Department to the Attorney General by the
         reorganization plan).
       - All functions of the Office of Drug Abuse Law Enforcement; and
       - All functions of the Office of National Narcotics
         Intelligence.
      Merger of the latter two organizations into the new agency would
    be effected by an executive order dissolving them and transferring
    their functions, to take effect upon approval of Reorganization
    Plan No. 2 by the Congress. Drug law enforcement research currently
    funded by the Law Enforcement Assistance Administration and other
    agencies would also be transferred to the new agency by executive
    action.
      The major responsibility of the Drug Enforcement Administration
    would thus include:
       - development of overall Federal drug law enforcement strategy,
         programs, planning, and evaluation;
       - full investigation and preparation for prosecution of suspects
         for violations under all Federal drug trafficking laws;
       - full investigation and preparation for prosecution of suspects
         connected with illicit drugs seized at U.S. ports-of-entry and
         international borders;
       - conduct of all relations with drug law enforcement officials
         of foreign governments, under the policy guidance of the
         Cabinet Committee on International Narcotics Control;
       - full coordination and cooperation with State and local law
         enforcement officials on joint drug enforcement efforts; and
       - regulation of the legal manufacture of drugs and other
         controlled substances under Federal regulations.
      The Attorney General, working closely with the Administrator of
    this new agency, would have authority to make needed program
    adjustments. He would take steps within the Department of Justice
    to ensure that high priority emphasis is placed on the prosecution
    and sentencing of drug traffickers following their apprehension by
    the enforcement organization. He would also have the authority and
    responsibility for securing the fullest possible cooperation-
    particularly with respect to collection of drug intelligence -
    from all Federal departments and agencies which can contribute to
    the anti-drug work, including the Internal Revenue Service and the
    Federal Bureau of Investigation.
      My proposals would make possible a more effective antidrug role
    for the FBI, especially in dealing with the relationship between
    drug trafficking and organized crime. I intend to see that the
    resources of the FBI are fully committed to assist in supporting
    the new Drug Enforcement Administration.
      The consolidation effected under Reorganization Plan No. 2 would
    reinforce the basic law enforcement and criminal justice mission of
    the Department of Justice. With worldwide drug law enforcement
    responsibilities no longer divided among several organizations in
    two different Cabinet departments, more complete and cumulative
    drug law enforcement intelligence could be compiled. Patterns of
    international and domestic illicit drug production, distribution,
    and sale could be more directly compared and interpreted. Case-by-
    case drug law enforcement activities could be more comprehensively
    linked, cross-referenced, and coordinated into a single, organic
    enforcement operation. In short, drug law enforcement officers
    would be able to spend more time going after the traffickers and
    less time coordinating with one another.
      Such progress could be especially helpful on the international
    front. Narcotics control action plans, developed under the
    leadership of the Cabinet Committee on International Narcotics
    Control, are now being carried out by U.S. officials in cooperation
    with host governments in 59 countries around the world. This wide-
    ranging effort to cut off drug supplies before they ever reach
    U.S. borders or streets is just now beginning to bear fruit. We can
    enhance its effectiveness, with little disruption of ongoing
    enforcement activities, by merging both the highly effective
    narcotics force of overseas Customs agents and the rapidly
    developing international activities of the Bureau of Narcotics and
    Dangerous Drugs into the Drug Enforcement Administration. The new
    agency would work closely with the Cabinet Committee under the
    active leadership of the U.S. Ambassador in each country where anti-
    drug programs are underway.
      Two years ago, when I established the Special Action Office for
    Drug Abuse Prevention within the Executive Office of the President,
    we gained an organization with the necessary resources, breadth,
    and leadership capacity to begin dealing decisively with the
    "demand" side of the drug abuse problem - treatment and
    rehabilitation for those who have been drug victims, and preventive
    programs for potential drug abusers. This year, by permitting my
    reorganization proposals to take effect, the Congress can help
    provide a similar capability on the "supply" side. The proposed
    Drug Enforcement Administration, working as a team with the Special
    Action Office, would arm Americans with a potent one-two punch to
    help us fight back against the deadly menace of drug abuse. I ask
    full Congressional cooperation in its establishment.

                    IMPROVING PORT-OF-ENTRY INSPECTIONS                
      No heroin or cocaine is produced within the United States;
    domestic availability of these substances results solely from their
    illegal importation. The careful and complete inspection of all
    persons and goods coming into the United States is therefore an
    integral part of effective Federal drug law enforcement.
      At the present time, however, Federal responsibility for
    conducting port-of-entry inspections is awkwardly divided among
    several Cabinet departments. The principal agencies involved are
    the Treasury Department's Bureau of Customs, which inspects goods,
    and the Justice Department's Immigration and Naturalization
    Service, which inspects persons and their papers. The two utilize
    separate inspection procedures, hold differing views of inspection
    priorities, and employ dissimilar personnel management practices.
      To reduce the possibility that illicit drugs will escape
    detection at ports-of-entry because of divided responsibility, and
    to enhance the effectiveness of the Drug Enforcement
    Administration, the reorganization plan which I am proposing today
    would transfer to the Secretary of the Treasury all functions
    currently vested in Justice Department officials to inspect
    persons, or the documents of persons.
      When the plan takes effect, it is my intention to direct the
    Secretary of the Treasury to use the resources so transferred -
    including some 1,000 employees of the Immigration and
    Naturalization Service - to augment the staff and budget of the
    Bureau of Customs. The Bureau's primary responsibilities would then
    include:
       - inspection of all persons and goods entering the United
         States;
       - valuation of goods being imported, and assessment of
         appropriate tariff duties;
       - interception of contraband being smuggled into the United
         States;
       - enforcement of U.S. laws governing the international movement
         of goods, except the investigation of contraband drugs and
         narcotics; and
       - turning over the investigation responsibility for all drug law
         enforcement cases to the Department of Justice.
      The reorganization would thus group most port-of-entry inspection
    functions in a single Cabinet department. It would reduce the need
    for much day-to-day interdepartmental coordination, allow more
    efficient staffing at some field locations, and remove the basis
    for damaging interagency rivalries. It would also give the
    Secretary of the Treasury the authority and flexibility to meet
    changing requirements in inspecting the international flow of
    people and goods. An important by-product of the change would be
    more convenient service for travellers entering and leaving the
    country.
      For these reasons, I am convinced that inspection activities at
    U.S. ports-of-entry can more effectively support our drug law
    enforcement efforts if concentrated in a single agency. The
    processing of persons at ports-of-entry is too closely interrelated
    with the inspection of goods to remain organizationally separated
    from it any longer. Both types of inspections have numerous
    objectives besides drug law enforcement, so it is logical to vest
    them in the Treasury Department, which has long had the principal
    responsibility for port-of-entry inspection of goods, including
    goods being transported in connection with persons. As long as the
    inspections are conducted with full awareness of related drug
    concerns it is neither necessary nor desirable that they be made a
    responsibility of the primary drug enforcement organization.

                               DECLARATIONS                           
      After investigation, I have found that each action included in
    Reorganization Plan No. 2 of 1973 is necessary to accomplish one or
    more of the purposes set forth in Section 901(a) of Title 5 of the
    United States Code. In particular, the plan is responsive of the
    intention of the Congress as expressed in Section 901(a)(1): "to
    promote better execution of the laws, more effective management of
    the executive branch and of its agencies and functions, and
    expeditious administration of the public business;" Section
    901(a)(3): "to increase the efficiency of the operations of the
    Government to the fullest extent practicable;" Section 901(a)(5)
    "to reduce the number of agencies by consolidating those having
    similar functions under a single head, and to abolish such agencies
    or functions as may not be necessary for the efficient conduct of
    the Government;" and Section 901(a)(6): "to eliminate overlapping
    and duplication of effort."
      As required by law, the plan has one logically consistent subject
    matter: consolidation of Federal drug law enforcement activities in
    a manner designed to increase their effectiveness.
      The plan would establish in the Department of Justice a new
    Administration designated as the Drug Enforcement Administration.
    The reorganizations provided for in the plan make necessary the
    appointment and compensation of new officers as specified in
    Section 5 of the plan. The rates of compensation fixed for these
    officers would be comparable to those fixed for officers in the
    executive branch who have similar responsibilities.
      While it is not practicable to specify all of the expenditure
    reductions and other economies which may result from the actions
    proposed, some savings may be anticipated in administrative costs
    now associated with the functions being transferred and
    consolidated.
      The proposed reorganization is a necessary step in upgrading the
    effectiveness of our Nation's drug law enforcement effort. Both of
    the proposed changes would build on the strengths of established
    agencies, yielding maximum gains in the battle against drug abuse
    with minimum loss of time and momentum in the transition.
      I am confident that this reorganization plan would significantly
    increase the overall efficiency and effectiveness of the Federal
    Government. I urge the Congress to allow it to become effective.
                                                          Richard Nixon.

      The White House, March 28, 1973

-EXEC-
         EX. ORD. NO. 12146. MANAGEMENT OF FEDERAL LEGAL RESOURCES     
      Ex. Ord. No. 12146, July 18, 1979, 44 F.R. 42657, as amended by
    Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No.
    13286, Sec. 53, Feb. 28, 2003, 68 F.R. 10628, provided:
      By the authority vested in me as President by the Constitution
    and statutes of the United States of America, it is hereby ordered
    as follows:

-MISC3-
              1-1. ESTABLISHMENT OF THE FEDERAL LEGAL COUNCIL          
      1-101. There is hereby established the Federal Legal Council,
    which shall be composed of the Attorney General and the
    representatives of not more than 16 other agencies. The agency
    representative shall be designated by the head of the agency.
      1-102. The initial membership of the Council, in addition to the
    Attorney General, shall consist of representatives designated by
    the heads of the following agencies:
      (a) The Department of Commerce.
      (b) The Department of Defense.
      (c) The Department of Energy.
      (d) The Environmental Protection Agency.
      (e) The Equal Employment Opportunity Commission.
      (f) The Federal Trade Commission.
      (g) The Department of Health and Human Services.
      (h) The Interstate Commerce Commission.
      (i) The Department of Labor.
      (j) The National Labor Relations Board.
      (k) The Securities and Exchange Commission.
      (l) The Department of State.
      (m) The Department of the Treasury.
      (n) The Department of Homeland Security.
      (o) The United States Postal Service and
      (p) the Veterans Administration.
      1-103. The initial members of the Council shall serve for a term
    of two years. Thereafter, the agencies which compose the membership
    shall be designated annually by the Council and at least five
    positions on the Council, other than that held by the Attorney
    General, shall rotate annually.
      1-104. In addition to the above members, the Directors of the
    Office of Management and Budget and the Office of Personnel
    Management, or their designees, shall be advisory members of the
    Council.
      1-105. The Attorney General shall chair the Council and provide
    staff for its operation. Representatives of agencies that are not
    members of the Council may serve on or chair subcommittees of the
    Council.

                       1-2. FUNCTIONS OF THE COUNCIL                   
      1-201. The Council shall promote:
      (a) coordination and communication among Federal legal offices;
      (b) improved management of Federal lawyers, associated support
    personnel, and information systems;
      (c) improvements in the training provided to Federal lawyers;
      (d) the facilitation of the personal donation of pro bono legal
    services by Federal attorneys;
      (e) the use of joint or shared legal facilities in field offices;
    and
      (f) the delegation of legal work to field offices.
      1-202. The Council shall study and seek to resolve problems in
    the efficient and effective management of Federal legal resources
    that are beyond the capacity or authority of individual agencies to
    resolve.
      1-203. The Council shall develop recommendations for legislation
    and other actions: (a) to increase the efficient and effective
    operation and management of Federal legal resources, including
    those matters specified in Section 1-201, and (b) to avoid
    inconsistent or unnecessary litigation by agencies.

                       1-3. LITIGATION NOTICE SYSTEM                   
      1-301. The Attorney General shall establish and maintain a
    litigation notice system that provides timely information about all
    civil litigation pending in the courts in which the Federal
    Government is a party or has a significant interest.
      1-302. The Attorney General shall issue rules to govern operation
    of the notice system. The rules shall include the following
    requirement:
      (a) All agencies with authority to litigate cases in court shall
    promptly notify the Attorney General about those cases that fall in
    classes or categories designated from time to time by the Attorney
    General.
      (b) The Attorney General shall provide all agencies reasonable
    access to the information collected in the litigation notice
    system.

               1-4. RESOLUTION OF INTERAGENCY LEGAL DISPUTES           
      1-401. Whenever two or more Executive agencies are unable to
    resolve a legal dispute between them, including the question of
    which has jurisdiction to administer a particular program or to
    regulate a particular activity, each agency is encouraged to submit
    the dispute to the Attorney General.
      1-402. Whenever two or more Executive agencies whose heads serve
    at the pleasure of the President are unable to resolve such a legal
    dispute, the agencies shall submit the dispute to the Attorney
    General prior to proceeding in any court, except where there is
    specific statutory vesting of responsibility for a resolution
    elsewhere.

                       1-5. ACCESS TO LEGAL OPINIONS                   
      1-501. In addition to the disclosure now required by law, all
    agencies are encouraged to make available for public inspection and
    copying other opinions of their legal officers that are statements
    of policy or interpretation that have been adopted by the agency,
    unless the agency determines that disclosure would result in
    demonstrable harm.
      1-502. All agencies are encouraged to make available on request
    other legal opinions, when the agency determines that disclosure
    would not be harmful.

           1-6. AUTOMATED LEGAL RESEARCH AND INFORMATION SYSTEMS       
      1-601. The Attorney General, in coordination with the Secretary
    of Defense and other agency heads, shall provide for a computerized
    legal research system that will be available to all Federal law
    offices on a reimbursable basis. The system may include in its data
    base such Federal regulations, case briefs, and legal opinions, as
    the Attorney General deems appropriate.
      1-602. The Federal Legal Council shall provide leadership for all
    Federal legal offices in establishing appropriate word processing
    and management information systems.

                   1-7. RESPONSIBILITIES OF THE AGENCIES               
      1-701. Each agency shall (a) review the management and operation
    of its legal activities and report in one year to the Federal Legal
    Council all steps being taken to improve those operations, and (b)
    cooperate with the Federal Legal Council and the Attorney General
    in the performance of the functions provided by this Order.
      1-702. To the extent permitted by law, each agency shall furnish
    the Federal Legal Council and the Attorney General with reports,
    information and assistance as requested to carry out the provisions
    of this Order.

-EXEC-
      EX. ORD. 13271. ESTABLISHMENT OF THE CORPORATE FRAUD TASK FORCE  
      Ex. Ord. No. 13271, July 9, 2002, 67 F.R. 46091, as amended by
    Ex. Ord. No. 13286, Sec. 3, Feb. 28, 2003, 68 F.R. 10619, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and in order to
    strengthen the efforts of the Department of Justice and Federal,
    State, and local agencies to investigate and prosecute significant
    financial crimes, recover the proceeds of such crimes, and ensure
    just and effective punishment of those who perpetrate financial
    crimes, it is hereby ordered as follows:
      Section 1. Establishment. The Attorney General shall immediately
    establish within the Department of Justice a Corporate Fraud Task
    Force (Task Force). Without regard to any other provision of this
    order, the Task Force shall be subject to the authority of the
    Attorney General under applicable law.
      Sec. 2. Membership and Operation. Subject to section 4 of this
    order, the Task Force shall have the following members:
      (a) the Deputy Attorney General, who shall serve as Chair;
      (b) the Assistant Attorney General (Criminal Division);
      (c) the Assistant Attorney General (Tax Division);
      (d) the Director of the Federal Bureau of Investigation;
      (e) the United States Attorney for the Southern District of New
    York;
      (f) the United States Attorney for the Eastern District of New
    York;
      (g) the United States Attorney for the Northern District of
    Illinois;
      (h) the United States Attorney for the Eastern District of
    Pennsylvania;
      (i) the United States Attorney for the Central District of
    California;
      (j) the United States Attorney for the Northern District of
    California;
      (k) the United States Attorney for the Southern District of
    Texas; and
      (l) such other officers or employees of the Department of Justice
    as the Attorney General may from time to time designate.
      The Deputy Attorney General shall convene and direct the work of
    the Task Force in fulfilling all its functions under this order.
    The Deputy Attorney General may permit, when he deems it
    appropriate, the designee of a member of the Task Force, including
    those designated under section 4 of this order, to participate in
    lieu of the member. The Deputy Attorney General shall convene the
    first meeting of the Task Force within 10 days of the date of this
    order and shall thereafter convene the Task Force at such times as
    he deems appropriate.
      Sec. 3. Functions. Consistent with the constitutional authority
    of the President, the authorities assigned to the Attorney General
    by law, and other applicable law, the Task Force shall:
      (a) provide direction for the investigation and prosecution of
    cases of securities fraud, accounting fraud, mail and wire fraud,
    money laundering, tax fraud based on such predicate offenses, and
    other related financial crimes committed by commercial entities and
    directors, officers, professional advisers, and employees thereof
    (hereinafter "financial crimes"), when such cases are determined by
    the Deputy Attorney General, for purposes of this order, to be
    significant;
      (b) provide recommendations to the Attorney General for
    allocation and reallocation of resources of the Department of
    Justice for investigation and prosecution of significant financial
    crimes, recovery of proceeds from such crimes to the extent
    permitted by law, and other matters determined by the Task Force
    from time to time to be of the highest priority in the
    investigation and prosecution of such crimes; and
      (c) make recommendations to the President, through the Attorney
    General, from time to time for:
        (i) action to enhance cooperation among departments, agencies,
      and entities of the Federal Government in the investigation and
      prosecution of significant financial crimes;
        (ii) action to enhance cooperation among Federal, State, and
      local authorities responsible for the investigation and
      prosecution of significant financial crimes;
        (iii) changes in rules, regulations, or policy to improve the
      effective investigation and prosecution of significant financial
      crimes; and
        (iv) recommendations to the Congress regarding such measures as
      the President may judge necessary and expedient relating to
      significant financial crimes, or the investigation or prosecution
      thereof.
      Sec. 4. Additional Participation for Specified Functions. In the
    Task Force's performance of the functions set forth in subsection
    3(c) of this order, and to the extent permitted by law, the
    following officers of the executive branch shall be members of the
    Task Force in addition to such other officers of the Federal
    Government as the Deputy Attorney General deems appropriate:
      (a) the Secretary of the Treasury;
      (b) the Secretary of Homeland Security;
      (c) the Chairman of the Securities and Exchange Commission;
      (d) the Chairman of the Commodities Futures Trading Commission;
      (e) the Chairman of the Federal Energy Regulatory Commission; and
      (f) the Chairman of the Federal Communications Commission.
      Sec. 5. Internal Management Purpose. This order is intended to
    improve the internal management of the Federal Government. This
    order is not intended to, and does not, create any right or
    benefit, substantive or procedural, enforceable at law or equity or
    otherwise against the United States, its departments, agencies,
    entities, instrumentalities, officers, or employees, or any other
    person.
      Sec. 6. Termination. The Task Force shall terminate when directed
    by the President or, with the approval of the President, by the
    Attorney General.
                                                         George W. Bush.

       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:
      Section 1. Policy. It is the policy of the United States to use
    Federal resources effectively to deter, prevent, detect,
    investigate, proceed against, and prosecute unlawful use by persons
    of the identifying information of other persons, including through:
      (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.
      Sec. 2. Establishment of the Identity Theft Task Force.
      (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.
      Sec. 3. Functions of the Task Force. The Task Force, in
    implementing the policy set forth in section 1 of this order,
    shall:
      (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.
      Sec. 4. Cooperation. (a) To the extent permitted by law and
    applicable presidential guidance, executive departments, agencies,
    and instrumentalities shall provide to the Task Force such
    information, support, and assistance as the Task Force, through its
    Chairman and Co-Chairman, may request to implement this order.
      (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.
      Sec. 5. General Provisions. (a) Nothing in this order shall be
    construed to impair or otherwise affect:
      (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.
      Sec. 6. Termination. Unless the Task Force is sooner terminated
    by the President, the Attorney General may terminate the Task Force
    by a written notice of its termination published in the Federal
    Register.
                                                         George W. Bush.

-End-

-CITE-
    28 USC Sec. 509A                                            01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 509A. National Security Division

-STATUTE-
      (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 section 507A of this
      title.
        (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.

-SOURCE-
    (Added Pub. L. 109-177, title V, Sec. 506(b)(1), Mar. 9, 2006, 120
    Stat. 248.)

-End-

-CITE-
    28 USC Sec. 510                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 510. Delegation of authority

-STATUTE-
      The Attorney General may from time to time make such provisions
    as he considers appropriate authorizing the performance by any
    other officer, employee, or agency of the Department of Justice of
    any function of the Attorney General.

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

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    [Uncodified].       1950 Reorg. Plan No. 2, Sec. 2,  
                                         eff. May 24, 1950, 64 Stat. 1261.
    --------------------------------------------------------------------

      The words "including any function transferred to the Attorney
    General by the provisions of this reorganization plan" are omitted
    as executed and unnecessary as the words "any function of the
    Attorney General" include the functions transferred to the Attorney
    General by 1950 Reorg. Plan. No. 2.

                             PRIOR PROVISIONS                         
      A prior section 510, act June 25, 1948, ch. 646, 62 Stat. 910,
    related to clerical assistants and messengers for United States
    attorneys, prior to repeal by Pub. L. 89-554, Sec. 8(a), and
    reenactment in section 550 of this title by section 4(c) of Pub. L.
    89-554.

-End-

-CITE-
    28 USC Sec. 511                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 511. Attorney General to advise the President

-STATUTE-
      The Attorney General shall give his advice and opinion on
    questions of law when required by the President.

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

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    5 U.S.C. 303.       R.S. Sec. 354.                   
                                        Feb. 27, 1877, ch. 69, Sec. 1    
                                         (8th full par. on p. 241), 19   
                                         Stat. 241.                      
    --------------------------------------------------------------------

-End-

-CITE-
    28 USC Sec. 512                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

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

-STATUTE-
      The head of an executive department may require the opinion of
    the Attorney General on questions of law arising in the
    administration of his department.

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

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    5 U.S.C. 304.       R.S. Sec. 356.                   
    --------------------------------------------------------------------

-End-

-CITE-
    28 USC Sec. 513                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 513. Attorney General to advise Secretaries of military
      departments

-STATUTE-
      When a question of law arises in the administration of the
    Department of the Army, the Department of the Navy, or the
    Department of the Air Force, the cognizance of which is not given
    by statute to some other officer from whom the Secretary of the
    military department concerned may require advice, the Secretary of
    the military department shall send it to the Attorney General for
    disposition.

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

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    5 U.S.C. 307.       R.S. Sec. 357.                   
    --------------------------------------------------------------------

      The Department of War was designated the Department of the Army
    by the Act of July 26, 1947, ch. 343, Sec. 205, 61 Stat. 501.
    "Department of the Air Force" is added on authority of the Act of
    July 26, 1947, ch. 343, Sec. 207(a), (f), 61 Stat. 502. The word
    "Secretary" is substituted for "head." The words "military
    department" are substituted for "department" to conform to section
    102 of title 5, United States Code, and section 101 of title 10,
    United States Code. The words "for disposition" are substituted for
    "to be by him referred to the proper officer in his department, or
    otherwise disposed of as he may deem proper."

-End-

-CITE-
    28 USC Sec. 514                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 514. Legal services on pending claims in departments and
      agencies

-STATUTE-
      When the head of an executive department or agency is of the
    opinion that the interests of the United States require the service
    of counsel on the examination of any witness concerning any claim,
    or on the legal investigation of any claim, pending in the
    department or agency, he shall notify the Attorney General, giving
    all facts necessary to enable him to furnish proper professional
    service in attending the examination or making the investigation,
    and the Attorney General shall provide for the service.

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

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    5 U.S.C. 48.        R.S. Sec. 187.                   
                    5 U.S.C. 313.       R.S. Sec. 364.                   
    --------------------------------------------------------------------

      Sections 187 and 364 of the Revised Statutes are combined into
    one section since they both deal with the same subject matter and
    are derived from the Act of Feb. 14, 1871, ch. 51, Sec. 3, 16 Stat.
    412.
      The words "executive department" are substituted for "Department"
    because "Department", as used in R.S. Secs. 187 and 364, meant
    "executive department". (See R.S. Sec. 159.) The word "agency" is
    substituted for "bureau" as it has a more common current
    acceptance. The word "concerning" is substituted for "touching".
    Reference to application for a subpena is omitted as R.S. Sec. 364
    gives the department head the same authority to request aid from
    the Attorney General whether or not application has been made for a
    subpena.
      Section 187 of the Revised Statutes was part of title IV of the
    Revised Statutes. The Act of July 26, 1947, ch. 343, Sec. 201(d),
    as added Aug. 10, 1949, ch. 412, Sec. 4, 63 Stat. 579 (former 5
    U.S.C. 171-1), which provides "Except to the extent inconsistent
    with the provisions of this Act [National Security Act of 1947],
    the provisions of title IV of the Revised Statutes as now or
    hereafter amended shall be applicable to the Department of Defense"
    is omitted from this title but is not repealed.
      Minor changes are made in phraseology to allow for the combining
    of the two sections.

-End-

-CITE-
    28 USC Sec. 515                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 515. Authority for legal proceedings; commission, oath, and
      salary for special attorneys

-STATUTE-
      (a) The Attorney General or any other officer of the Department
    of Justice, or any attorney specially appointed by the Attorney
    General under law, may, when specifically directed by the Attorney
    General, conduct any kind of legal proceeding, civil or criminal,
    including grand jury proceedings and proceedings before committing
    magistrate judges, which United States attorneys are authorized by
    law to conduct, whether or not he is a resident of the district in
    which the proceeding is brought.
      (b) Each attorney specially retained under authority of the
    Department of Justice shall be commissioned as special assistant to
    the Attorney General or special attorney, and shall take the oath
    required by law. Foreign counsel employed in special cases are not
    required to take the oath. The Attorney General shall fix the
    annual salary of a special assistant or special attorney.

-SOURCE-
    (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 613;
    amended Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104
    Stat. 5117; Pub. L. 107-273, div. A, title II, Sec. 203(b), Nov. 2,
    2002, 116 Stat. 1775.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
    (a)             5 U.S.C. 310.       June 30, 1906, ch. 3935, 34      
                                         Stat. 816.                      
    (b)             5 U.S.C. 315.       R.S. Sec. 366.                   
                                        Apr. 17, 1930, ch. 174, 46 Stat. 
                                         170.                            
                                        June 25, 1948, ch. 646, Sec. 3,  
                                         62 Stat. 985.                   
                    [Uncodified].       Aug. 5, 1953, ch. 328, Sec. 202  
                                         (1st and 2d provisos, as        
                                         applicable to special assistants
                                         and special attorneys), 67 Stat.
                                         375.                            
                    [Uncodified].       July 2, 1954, ch. 456, Sec. 202  
                                         (as applicable to special       
                                         assistants and special          
                                         attorneys), 68 Stat. 421.       
    --------------------------------------------------------------------

      In subsection (a), the words "or counselor" are omitted as
    redundant. The words "United States attorneys" are substituted for
    "district attorneys" on authority of the Act of June 25, 1948, ch.
    646, Sec. 1, 62 Stat. 909. The words "any provision of" are omitted
    as unnecessary.

                                AMENDMENTS                            
      2002 - Subsec. (b). Pub. L. 107-273 struck out "at not more than
    $12,000" before period at end.

-CHANGE-
                              CHANGE OF NAME                          
      Words "magistrate judges" substituted for "magistrates" in
    subsec. (a) pursuant to section 321 of Pub. L. 101-650, set out as
    a note under section 631 of this title.

-End-

-CITE-
    28 USC Sec. 516                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 516. Conduct of litigation reserved to Department of Justice

-STATUTE-
      Except as otherwise authorized by law, the conduct of litigation
    in which the United States, an agency, or officer thereof is a
    party, or is interested, and securing evidence therefor, is
    reserved to officers of the Department of Justice, under the
    direction of the Attorney General.

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

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    5 U.S.C. 306.       R.S. Sec. 361.                   
                                        Sept. 3, 1954, ch. 1263, Sec.    
                                         11, 68 Stat. 1229.              
    --------------------------------------------------------------------

      The section is revised to express the effect of the law. As
    agency heads have long employed, with the approval of Congress,
    attorneys to advise them in the conduct of their official duties,
    the first 56 words of R.S. Sec. 361 and of former section 306 of
    title 5 are omitted as obsolete.
      The section concentrates the authority for the conduct of
    litigation in the Department of Justice. The words "Except as
    otherwise authorized by law," are added to provide for existing and
    future exceptions (e.g., section 1037 of title 10). The words "an
    agency" are added for clarity and to align this section with
    section 519 which is of similar import. The words "as such officer"
    are omitted as unnecessary since it is implied that the officer is
    a party in his official capacity as an officer.
      So much as prohibits the employment of counsel, other than in the
    Department of Justice, to conduct litigation is omitted as covered
    by R.S. Sec. 365, which is codified in section 3106 of title 5,
    United States Code.

-End-

-CITE-
    28 USC Sec. 517                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 517. Interests of United States in pending suits

-STATUTE-
      The Solicitor General, or any officer of the Department of
    Justice, may be sent by the Attorney General to any State or
    district in the United States to attend to the interests of the
    United States in a suit pending in a court of the United States, or
    in a court of a State, or to attend to any other interest of the
    United States.

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

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    5 U.S.C. 316.       R.S. Sec. 367.                   
    --------------------------------------------------------------------

-End-

-CITE-
    28 USC Sec. 518                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 518. Conduct and argument of cases

-STATUTE-
      (a) Except when the Attorney General in a particular case directs
    otherwise, the Attorney General and the Solicitor General shall
    conduct and argue suits and appeals in the Supreme Court and suits
    in the United States Court of Federal Claims or in the United
    States Court of Appeals for the Federal Circuit and in the Court of
    International Trade in which the United States is interested.
      (b) When the Attorney General considers it in the interests of
    the United States, he may personally conduct and argue any case in
    a court of the United States in which the United States is
    interested, or he may direct the Solicitor General or any officer
    of the Department of Justice to do so.

-SOURCE-
    (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 613;
    amended Pub. L. 96-417, title V, Sec. 503, Oct. 10, 1980, 94 Stat.
    1743; Pub. L. 97-164, title I, Sec. 117, Apr. 2, 1982, 96 Stat. 32;
    Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat.
    4516.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    5 U.S.C. 309.       R.S. Sec. 359.                   
    --------------------------------------------------------------------

      The words "and writs of error" are omitted on authority of the
    Act of Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54. The word
    "considers" is substituted for "deems".

                                AMENDMENTS                            
      1992 - Subsec. (a). Pub. L. 102-572 substituted "United States
    Court of Federal Claims" for "United States Claims Court".
      1982 - Subsec. (a). Pub. L. 97-164 substituted "United States
    Claims Court or in the United States Court of Appeals for the
    Federal Circuit" for "Court of Claims".
      1980 - Subsec. (a). Pub. L. 96-417 required the Attorney General
    and the Solicitor General to conduct and argue suits in the Court
    of International Trade.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
    911 of Pub. L. 102-572, set out as a note under section 171 of this
    title.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
    402 of Pub. L. 97-164, set out as a note under section 171 of this
    title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and
    applicable with respect to civil actions pending on or commenced on
    or after such date, see section 701(a) of Pub. L. 96-417, set out
    as a note under section 251 of this title.

-End-

-CITE-
    28 USC Sec. 519                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 519. Supervision of litigation

-STATUTE-
      Except as otherwise authorized by law, the Attorney General shall
    supervise all litigation to which the United States, an agency, or
    officer thereof is a party, and shall direct all United States
    attorneys, assistant United States attorneys, and special attorneys
    appointed under section 543 of this title in the discharge of their
    respective duties.

-SOURCE-
    (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 614.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    28 U.S.C.           [None].                          
                     507(b).                                             
    --------------------------------------------------------------------

      The words "Except as otherwise authorized by law," are added to
    provide for existing and future exceptions (e.g., section 1037 of
    title 10).
      The words "or officer" are added for clarity and to align this
    section with section 516 which is of similar import.
      The words "special attorneys appointed under section 543" are
    substituted for "attorneys appointed under section 543" to reflect
    the revision of this title.

          INTELLIGENCE AND NATIONAL SECURITY ASPECTS OF ESPIONAGE
                               PROSECUTIONS
      Pub. L. 108-177, title III, Sec. 341(b), Dec. 13, 2003, 117 Stat.
    2616, as amended by Pub. L. 108-458, title I, Sec.
    1071(g)(3)(A)(v), Dec. 17, 2004, 118 Stat. 3692; Pub. L. 109-177,
    title V, Sec. 506(a)(9), Mar. 9, 2006, 120 Stat. 248, provided
    that: "The Attorney General, acting through the Assistant Attorney
    General for National Security, and in consultation with the
    Director of National Intelligence, acting through the Office of the
    National Counterintelligence Executive, shall establish policies
    and procedures to assist the Attorney General in the consideration
    of intelligence and national security-related equities in the
    development of charging documents and related pleadings in
    espionage prosecutions."

             USE OF ANNUITY BROKERS IN STRUCTURED SETTLEMENTS         
      Pub. L. 107-273, div. C, title I, Sec. 11015, Nov. 2, 2002, 116
    Stat. 1824, provided that:
      "(a) Establishment and Transmission of List of Approved Annuity
    Brokers. - Not later than 6 months after the date of enactment of
    this Act [Nov. 2, 2002], the Attorney General shall establish a
    list of annuity brokers who meet minimum qualifications for
    providing annuity brokerage services in connection with structured
    settlements entered by the United States. This list shall be
    updated upon request by any annuity broker that meets the minimum
    qualifications for inclusion on the list. The Attorney General
    shall transmit such list, and any updates to such list, to all
    United States Attorneys.
      "(b) Authority To Select Annuity Broker for Structured
    Settlements. - In any structured settlement that is not negotiated
    exclusively through the Civil Division of the Department of
    Justice, the United States Attorney (or his designee) involved in
    any settlement negotiations shall have the exclusive authority to
    select an annuity broker from the list of such brokers established
    by the Attorney General, provided that all documents related to any
    settlement comply with Department of Justice requirements."

       CASE MANAGEMENT INFORMATION AND TRACKING SYSTEMS FOR FEDERAL
       JUDICIAL DISTRICTS AND DIVISIONS OF DEPARTMENT; PREPARATION,
                         SUBMISSION, ETC., OF PLAN
      Pub. L. 96-132, Sec. 11, Nov. 30, 1979, 93 Stat. 1047, required
    the Attorney General, not later than Apr. 15, 1980, after
    consultation with the Director of the Executive Office of United
    States Attorneys and such Assistant Attorneys as appropriate, to
    prepare and submit to the Committees on the Judiciary of the Senate
    and the House of Representatives a plan for the activation and
    coordination, within the Department of Justice, of compatible,
    comprehensive case management information and tracking systems for
    each of the judicial districts of the United States and for each of
    the divisions of the Department.

         REPORT TO CONGRESS REGARDING PROVISIONS OF LAW CONSIDERED
    UNCONSTITUTIONAL BY THE DEPARTMENT OF JUSTICE; DECLARATION OF SUCH
                                 POSITION
      Pub. L. 96-132, Sec. 21, Nov. 30, 1979, 93 Stat. 1049, required
    the Attorney General, during the fiscal year ending Sept. 30, 1980,
    to transmit a report to each House of Congress in any case in which
    the Attorney General considered the provisions of law enacted by
    the Congress and at issue to be unconstitutional and in such cases
    required a representative of the Department of Justice
    participating in such case to make a declaration that such opinion
    of the Attorney General regarding the constitutionality of those
    provisions of law involved constitutes the opinion of the executive
    branch of the government with respect to such matter.
      Similar provisions were contained in Pub. L. 95-624, Sec. 13,
    Nov. 9, 1978, 92 Stat. 3464.

       STUDY AND REPORT TO CONGRESS ON EXTENT TO WHICH VIOLATIONS OF
                 FEDERAL CRIMINAL LAWS ARE NOT PROSECUTED
      Pub. L. 95-624, Sec. 17, Nov. 9, 1978, 92 Stat. 3465, provided
    that the Attorney General undertake a study and make
    recommendations concerning violations of Federal criminal laws
    which have not been prosecuted and present such study and
    recommendations to the Committee on the Judiciary of the Senate and
    the House of Representatives not later than Oct. 1, 1979.

-EXEC-
                         EXECUTIVE ORDER NO. 12778                     
      Ex. Ord. No. 12778, Oct. 23, 1991, 56 F.R. 55195, which
    prescribed guidelines for promotion of just and efficient
    Government civil litigation and set forth principles for enactment
    of legislation and promulgation of regulations which did not unduly
    burden the Federal court system and for promotion of just and
    efficient administrative adjudications, was revoked by Ex. Ord. No.
    12988, Sec. 12, Feb. 5, 1996, 61 F.R. 4734, set out below.

                 EX. ORD. NO. 12988. CIVIL JUSTICE REFORM             
      Ex. Ord. No. 12988, Feb. 5, 1996, 61 F.R. 4729, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including section 301
    of title 3, United States Code, and in order to improve access to
    justice for all persons who wish to avail themselves of court and
    administrative adjudicatory tribunals to resolve disputes, to
    facilitate the just and efficient resolution of civil claims
    involving the United States Government, to encourage the filing of
    only meritorious civil claims, to improve legislative and
    regulatory drafting to reduce needless litigation, to promote fair
    and prompt adjudication before administrative tribunals, and to
    provide a model for similar reforms of litigation practices in the
    private sector and in various states, it is hereby ordered as
    follows:
      Section 1. Guidelines to Promote Just and Efficient Government
    Civil Litigation. To promote the just and efficient resolution of
    civil claims, those Federal agencies and litigation counsel that
    conduct or otherwise participate in civil litigation on behalf of
    the United States Government in Federal court shall respect and
    adhere to the following guidelines during the conduct of such
    litigation:
      (a) Pre-filing Notice of a Complaint. No litigation counsel shall
    file a complaint initiating civil litigation without first making a
    reasonable effort to notify all disputants about the nature of the
    dispute and to attempt to achieve a settlement, or confirming that
    the referring agency that previously handled the dispute has made a
    reasonable effort to notify the disputants and to achieve a
    settlement or has used its conciliation processes.
      (b) Settlement Conferences. As soon as practicable after
    ascertaining the nature of a dispute in litigation, and throughout
    the litigation, litigation counsel shall evaluate settlement
    possibilities and make reasonable efforts to settle the litigation.
    Such efforts shall include offering to participate in a settlement
    conference or moving the court for a conference pursuant to Rule 16
    of the Federal Rules of Civil Procedure [28 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.
      Sec. 2. Government Pro Bono and Volunteer Service. All Federal
    agencies should develop appropriate programs to encourage and
    facilitate pro bono legal and other volunteer service by government
    employees to be performed on their own time, including attorneys,
    as permitted by statute, regulation, or other rule or guideline.
      Sec. 3. Principles to Enact Legislation and Promulgate
    Regulations Which Do Not Unduly Burden the Federal Court System.
      (a) General Duty to Review Legislation and Regulations. Within
    current budgetary constraints and existing executive branch
    coordination mechanisms and procedures established in OMB Circular
    A-19 and Executive Order No. 12866 [5 U.S.C. 601 note], each agency
    promulgating new regulations, reviewing existing regulations,
    developing legislative proposals concerning regulations, and
    developing new legislation shall adhere to the following
    requirements:
      (1) The agency's proposed legislation and regulations shall be
    reviewed by the agency to eliminate drafting errors and ambiguity;
      (2) The agency's proposed legislation and regulations shall be
    written to minimize litigation; and
      (3) The agency's proposed legislation and regulations shall
    provide a clear legal standard for affected conduct rather than a
    general standard, and shall promote simplification and burden
    reduction.
      (b) Specific Issues for Review. In conducting the reviews
    required by subsection (a), each agency formulating proposed
    legislation and regulations shall make every reasonable effort to
    ensure:
      (1) that the legislation, as appropriate - 
      (A) specifies whether all causes of action arising under the law
    are subject to statutes of limitations;
      (B) specifies in clear language the preemptive effect, if any, to
    be given to the law;
      (C) specifies in clear language the effect on existing Federal
    law, if any, including all provisions repealed, circumscribed,
    displaced, impaired, or modified;
      (D) provides a clear legal standard for affected conduct;
      (E) specifies whether private arbitration and other forms of
    private dispute resolution are appropriate under enforcement and
    relief provisions; subject to constitutional requirements;
      (F) specifies whether the provisions of the law are severable if
    one or more of them is found to be unconstitutional;
      (G) specifies in clear language the retroactive effect, if any,
    to be given to the law;
      (H) specifies in clear language the applicable burdens of proof;
      (I) specifies in clear language whether it grants private parties
    a right to sue and, if so, the relief available and the conditions
    and terms for authorized awards of attorney's fees, if any;
      (J) specifies whether State courts have jurisdiction under the
    law and, if so, whether and under what conditions an action would
    be removable to Federal court;
      (K) specifies whether administrative proceedings are to be
    required before parties may file suit in court and, if so,
    describes those proceedings and requires the exhaustion of
    administrative remedies;
      (L) sets forth the standards governing the assertion of personal
    jurisdiction, if any;
      (M) defines key statutory terms, either explicitly or by
    reference to other statutes that explicitly define those terms;
      (N) specifies whether the legislation applies to the Federal
    Government or its agencies;
      (O) specifies whether the legislation applies to States,
    territories, the District of Columbia, and the Commonwealths of
    Puerto Rico and of the Northern Mariana Islands;
      (P) specifies what remedies are available such as money damages,
    civil penalties, injunctive relief, and attorney's fees; and
      (Q) addresses other important issues affecting clarity and
    general draftsmanship of legislation set forth by the Attorney
    General, with the concurrence of the Director of the Office of
    Management and Budget ("OMB") and after consultation with affected
    agencies, that are determined to be in accordance with the purposes
    of this order.
      (2) that the regulation, as appropriate - 
      (A) specifies in clear language the preemptive effect, if any, to
    be given to the regulation;
      (B) specifies in clear language the effect on existing Federal
    law or regulation, if any, including all provisions repealed,
    circumscribed, displaced, impaired, or modified;
      (C) provides a clear legal standard for affected conduct rather
    than a general standard, while promoting simplification and burden
    reduction;
      (D) specifies in clear language the retroactive effect, if any,
    to be given to the regulation;
      (E) specifies whether administrative proceedings are to be
    required before parties may file suit in court and, if so,
    describes those proceedings and requires the exhaustion of
    administrative remedies;
      (F) defines key terms, either explicitly or by reference to other
    regulations or statutes that explicitly define those items; and
      (G) addresses other important issues affecting clarity and
    general draftsmanship of regulations set forth by the Attorney
    General, with the concurrence of the Director of OMB and after
    consultation with affected agencies, that are determined to be in
    accordance with the purposes of this order.
      (c) Agency Review. The agencies shall review such draft
    legislation or regulation to determine that either the draft
    legislation or regulation meets the applicable standards provided
    in subsections (a) and (b) of this section, or it is unreasonable
    to require the particular piece of draft legislation or regulation
    to meet one or more of those standards.
      Sec. 4. Principles to Promote Just and Efficient Administrative
    Adjudications.
      (a) Implementation of Administrative Conference Recommendations.
    In order to promote just and efficient resolution of disputes, an
    agency that adjudicates administrative claims shall, to the extent
    reasonable and practicable, and when not in conflict with other
    sections of this order, implement the recommendations of the
    Administrative Conference of the United States, entitled "Case
    Management as a Tool for Improving Agency Adjudication," as
    contained in 1 C.F.R. 305.86-7 (1991).
      (b) Improvements in Administrative Adjudication. All Federal
    agencies should review their administrative adjudicatory processes
    and develop specific procedures to reduce delay in decision-making,
    to facilitate self-representation where appropriate, to expand non-
    lawyer counseling and representation where appropriate, and to
    invest maximum discretion in fact-finding officers to encourage
    appropriate settlement of claims as early as possible.
      (c) Bias. All Federal agencies should review their administrative
    adjudicatory processes to identify any type of bias on the part of
    the decision-makers that results in an injustice to persons who
    appear before administrative adjudicatory tribunals; regularly
    train all fact-finders, administrative law judges, and other
    decision-makers to eliminate such bias; and establish appropriate
    mechanisms to receive and resolve complaints of such bias from
    persons who appear before administrative adjudicatory tribunals.
      (d) Public Education. All Federal agencies should develop
    effective and simple methods, including the use of electronic
    technology, to educate the public about its claims/benefits
    policies and procedures.
      Sec. 5. Coordination by the Department of Justice.
      (a) The Attorney General shall coordinate efforts by Federal
    agencies to implement sections 1, 2 and 4 of this order.
      (b) To implement the principles and purposes announced by this
    order, the Attorney General is authorized to issue guidelines
    implementing sections 1 and 4 of this order for the Department of
    Justice. Such guidelines shall serve as models for internal
    guidelines that may be issued by other agencies pursuant to this
    order.
      Sec. 6. Definitions. For purposes of this order:
      (a) The term "agency" shall be defined as that term is defined in
    section 105 of title 5, United States Code.
      (b) The term "litigation counsel" shall be defined as the trial
    counsel or the office in which such trial counsel is employed, such
    as the United States Attorney's Office for the district in which
    the litigation is pending or a litigating division of the
    Department of Justice. Special Assistant United States Attorneys
    are included within this definition. Those agencies authorized by
    law to represent themselves in court without assistance from the
    Department of Justice are also included in this definition, as are
    private counsel hired by any Federal agency to conduct litigation
    on behalf of the agency or the United States.
      Sec. 7. No Private Rights Created. This order is intended only to
    improve the internal management of the executive branch in
    resolving disputes, conducting litigation in a reasonable and just
    manner, and reviewing legislation and regulations. This order shall
    not be construed as creating any right or benefit, substantive or
    procedural, enforceable at law or in equity by a party against the
    United States, its agencies, its officers, or any other person.
    This order shall not be construed to create any right to judicial
    review involving the compliance or noncompliance of the United
    States, its agencies, its officers, or any other person with this
    order. Nothing in this order shall be construed to obligate the
    United States to accept a particular settlement or resolution of a
    dispute, to alter its standards for accepting settlements, to
    forego seeking a consent decree or other relief, or to alter any
    existing delegation of settlement or litigating authority.
      Sec. 8. Scope.
      (a) No Applicability to Criminal Matters or Proceedings in
    Foreign Courts. This order is applicable to civil matters only. It
    is not intended to affect criminal matters, including enforcement
    of criminal fines or judgments of criminal forfeiture. This order
    does not apply to litigation brought by or against the United
    States in foreign courts or tribunals.
      (b) Application of Notice Provision. Notice pursuant to
    subsection (a) of section 1 is not required (1) in any action to
    seize or forfeit assets subject to forfeiture or in any action to
    seize property; (2) in any bankruptcy, insolvency, conservatorship,
    receivership, or liquidation proceeding; (3) when the assets that
    are the subject of the action or that would satisfy the judgment
    are subject to flight, dissipation, or destruction; (4) when the
    defendant is subject to flight; (5) when, as determined by
    litigation counsel, exigent circumstances make providing such
    notice impracticable or such notice would otherwise defeat the
    purpose of the litigation, such as in actions seeking temporary
    restraining orders or preliminary injunctive relief; or (6) in
    those limited classes of cases where the Attorney General
    determines that providing such notice would defeat the purpose of
    the litigation.
      (c) Additional Guidance as to Scope. The Attorney General shall
    have the authority to issue further guidance as to the scope of
    this order, except section 3, consistent with the purposes of this
    order.
      Sec. 9. Conflicts with Other Rules. Nothing in this order shall
    be construed to require litigation counsel or any agency to act in
    a manner contrary to the Federal Rules of Civil Procedure [28
    U.S.C. App.], Tax Court Rules of Practice and Procedure, State or
    Federal law, other applicable rules of practice or procedure, or
    court order.
      Sec. 10. Privileged Information. Nothing in this order shall
    compel or authorize the disclosure of privileged information,
    sensitive law enforcement information, information affecting
    national security, or information the disclosure of which is
    prohibited by law.
      Sec. 11. Effective Date. This order shall become effective 90
    days after the date of signature. This order shall not apply to
    litigation commenced prior to the effective date.
      Sec. 12. Revocation. Executive Order No. 12778 is hereby revoked.
                                                     William J. Clinton.

-End-

-CITE-
    28 USC Sec. 520                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 520. Transmission of petitions in United States Court of
      Federal Claims or in United States Court of Appeals for the
      Federal Circuit; statement furnished by departments

-STATUTE-
      (a) In suits against the United States in the United States Court
    of Federal Claims or in the United States Court of Appeals for the
    Federal Circuit founded on a contract, agreement, or transaction
    with an executive department or military department, or a bureau,
    officer, or agent thereof, or when the matter or thing on which the
    claim is based has been passed on and decided by an executive
    department, military department, bureau, or officer authorized to
    adjust it, the Attorney General shall send to the department,
    bureau, or officer a printed copy of the petition filed by the
    claimant, with a request that the department, bureau, or officer
    furnish to the Attorney General all facts, circumstances, and
    evidence concerning the claim in the possession or knowledge of the
    department, bureau, or officer.
      (b) Within a reasonable time after receipt of the request from
    the Attorney General, the executive department, military
    department, bureau, or officer shall furnish the Attorney General
    with a written statement of all facts, information, and proofs. The
    statement shall contain a reference to or description of all
    official documents and papers, if any, as may furnish proof of
    facts referred to in it, or may be necessary and proper for the
    defense of the United States against the claim, mentioning the
    department, office, or place where the same is kept or may be
    secured. If the claim has been passed on and decided by the
    department, bureau, or officer, the statement shall briefly state
    the reasons and principles on which the decision was based. When
    the decision was founded on an Act of Congress it shall be cited
    specifically, and if any previous interpretation or construction
    has been given to the Act, section, or clause by the department,
    bureau, or officer, it shall be set forth briefly in the statement
    and a copy of the opinion filed, if any, attached to it. When a
    decision in the case has been based on a regulation of a department
    or when a regulation has, in the opinion of the department, bureau,
    or officer sending the statement, any bearing on the claim, it
    shall be distinctly quoted at length in the statement. When more
    than one case or class of cases is pending, the defense of which
    rests on the same facts, circumstances, and proofs, the department,
    bureau, or officer may certify and send one statement and it shall
    be held to apply to all cases as if made out, certified, and sent
    in each case respectively.

-SOURCE-
    (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 614;
    amended Pub. L. 97-164, title I, Sec. 118(a), Apr. 2, 1982, 96
    Stat. 32; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992,
    106 Stat. 4516.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    5 U.S.C. 91.        R.S. Sec. 188.                   
    --------------------------------------------------------------------

      The section is reorganized and restated for clarity.
      In subsection (a), the word "concerning" is substituted for
    "touching".
      In subsection (b), the words "without delay" are omitted as
    unnecessary in view of the requirement that the statement be
    furnished "Within a reasonable time". The word "briefly" is
    substituted for "succinctly". The words "in suit" are omitted as
    unnecessary.
      The words "executive department" are substituted for "department"
    because "department" as used in R.S. Sec. 188 meant "executive
    department". (See R.S. Sec. 159.) The words "military department"
    are inserted to preserve the application of the source law. Before
    enactment of the National Security Act Amendments of 1949 (63 Stat.
    578), the Department of the Army, the Department of the Navy, and
    the Department of the Air Force were Executive departments. The
    National Security Act Amendments of 1949 established the Department
    of Defense as an Executive Department including the Department of
    the Army, the Department of the Navy, and the Department of the Air
    Force as military departments, not as Executive departments.
    However, the source law for this section, which was in effect in
    1949, remained applicable to the Secretaries of the military
    departments by virtue of section 12(g) of the National Security Act
    Amendments of 1949 (63 Stat. 591), which is set out in the
    reviser's note for section 301 of title 5, United States Code.

                                AMENDMENTS                            
      1992 - Pub. L. 102-572 substituted "United States Court of
    Federal Claims" for "United States Claims Court" in section
    catchline and subsec. (a).
      1982 - Pub. L. 97-164, Sec. 118(a)(2), substituted "United States
    Claims Court or in United States Court of Appeals for the Federal
    Circuit" for "Court of Claims" in section catchline.
      Subsec. (a). Pub. L. 97-164, Sec. 118(a)(1), substituted "United
    States Claims Court or in the United States Court of Appeals for
    the Federal Circuit" for "Court of Claims".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section
    911 of Pub. L. 102-572, set out as a note under section 171 of this
    title.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
    402 of Pub. L. 97-164, set out as a note under section 171 of this
    title.

-End-

-CITE-
    28 USC Sec. 521                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 521. Publication and distribution of opinions

-STATUTE-
      The Attorney General, from time to time - 
        (1) shall cause to be edited, and printed in the Government
      Printing Office, such of his opinions as he considers valuable
      for preservation in volumes; and
        (2) may prescribe the manner for the distribution of the
      volumes.

    Each volume shall contain headnotes, an index, and such footnotes
    as the Attorney General may approve.

-SOURCE-
    (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 614.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    5 U.S.C. 305        R.S. Sec. 383 (1st sentence, as  
                     (1st sentence,      applicable to the Attorney      
                     as applicable       General; 2d and 3d sentences).  
                     to the Attorney                                     
                     General; 2d and                                     
                     3d sentences).                                      
    --------------------------------------------------------------------

      Section 188 of the Revised Statutes was part of title IV of the
    Revised Statutes. The Act of July 26, 1947, ch. 343, Sec. 201(d),
    as added Aug. 10, 1949, ch. 412, Sec. 4, 63 Stat. 579 (former 5
    U.S.C. 171-1), which provides "Except to the extent inconsistent
    with the provisions of this Act [National Security Act of 1947],
    the provisions of title IV of the Revised Statutes as now or
    hereafter amended shall be applicable to the Department of Defense"
    is omitted from this title but is not repealed.
      The words "his opinions" are substituted for "the opinions of the
    law officers herein authorized to be given" as the opinions of the
    Attorney General are his and only his and the reference to other
    "law officers" is misleading. All functions of all other officers
    of the Department of Justice were transferred to the Attorney
    General by 1950 Reorg. Plan No. 2, Sec. 1, eff. May 14, 1950, 64
    Stat. 1261. The word "considers" is substituted for "may deem".
      In the last sentence, the words "proper" and "complete and full"
    are omitted as unnecessary.

-End-

-CITE-
    28 USC Sec. 522                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 522. Report of business and statistics

-STATUTE-
      (a) The Attorney General, by April 1 of each year, shall report
    to Congress on the business of the Department of Justice for the
    last preceding fiscal year, and on any other matters pertaining to
    the Department that he considers proper, including - 
        (1) a statement of the several appropriations which are placed
      under the control of the Department and the amount appropriated;
        (2) the statistics of crime under the laws of the United
      States; and
        (3) a statement of the number of causes involving the United
      States, civil and criminal, pending during the preceding year in
      each of the several courts of the United States.

      (b) With respect to any data, records, or other information
    acquired, collected, classified, preserved, or published by the
    Attorney General for any statistical, research, or other aggregate
    reporting purpose beginning not later than 1 year after the date of
    enactment of (!1) 21st Century Department of Justice Appropriations
    Authorization Act and continuing thereafter, and notwithstanding
    any other provision of law, the same criteria shall be used (and
    shall be required to be used, as applicable) to classify or
    categorize offenders and victims (in the criminal context), and to
    classify or categorize actors and acted upon (in the noncriminal
    context).

-SOURCE-
    (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 615;
    amended Pub. L. 94-273, Sec. 19, Apr. 21, 1976, 90 Stat. 379; Pub.
    L. 107-273, div. A, title II, Sec. 204(b), Nov. 2, 2002, 116 Stat.
    1776.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    5 U.S.C. 333.       R.S. Sec. 384.                   
    --------------------------------------------------------------------

      The words "The Attorney General . . . shall report" are
    substituted for "It shall be the duty of the Attorney General to
    make . . . a report". The word "beginning" is substituted for
    "commencement". The words "pertaining to the Department that he
    considers proper" are substituted for "appertaining thereto that he
    may deem proper".
      The words "and a detailed statement of the amounts used for
    defraying the expenses of the United States courts in each judicial
    district" are omitted as obsolete in view of the creation of the
    Administrative Office of the United States Courts by the Act of
    Aug. 7, 1939, ch. 501, Sec. 1, 53 Stat. 1223 (Chapter 41 of this
    title).
      In paragraph (3), the words "involving the United States" are
    inserted for clarity. The function of reporting on all cases
    pending in the United States courts is now vested in the
    Administrative Office of the United States Courts, see 28 U.S.C.
    604.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of 21st Century Department of Justice
    Appropriations Authorization Act, referred to in subsec. (b), is
    the date of enactment of Pub. L. 107-273, which was approved Nov.
    2, 2002.

-MISC2-
                                AMENDMENTS                            
      2002 - Pub. L. 107-273 designated existing provisions as subsec.
    (a) and added subsec. (b).
      1976 - Pub. L. 94-273 substituted "by April 1 of each year" for
    "at the beginning of each regular session of Congress".

                REPORT TO CONGRESS ON BANKING LAW OFFENSES            
      Pub. L. 101-647, title XXV, Sec. 2546, Nov. 29, 1990, 104 Stat.
    4885, provided that:
      "(a) In General. - 
        "(1) Data collection. - The Attorney General shall compile and
      collect data concerning - 
          "(A) the nature and number of civil and criminal
        investigations, prosecutions, and related proceedings, and
        civil enforcement and recovery proceedings, in progress with
        respect to banking law offenses under sections 981, 1008, 1032,
        and 3322(d) of title 18, United States Code, and section 951 of
        the Financial Institutions Reform, Recovery, and Enforcement
        Act of 1989 [12 U.S.C. 1833a] and conspiracies to commit any
        such offense, including inactive investigations of such
        offenses;
          "(B) the number of - 
            "(i) investigations, prosecutions, and related proceedings
          described in subparagraph (A) which are inactive as of the
          close of the reporting period but have not been closed or
          declined; and
            "(ii) unaddressed referrals which allege criminal
          misconduct involving offenses described in subparagraph (A),
      and the reasons such matters are inactive and the referrals
      unaddressed;
          "(C) the nature and number of such matters closed, settled,
        or litigated to conclusion; and
          "(D) the results achieved, including convictions and pretrial
        diversions, fines and penalties levied, restitution assessed
        and collected, and damages recovered, in such matters.
        "(2) Analysis and report. - The Attorney General shall analyze
      and report to the Congress on the data described in paragraph (1)
      and its coordination and other related activities named in
      section 2539(c)(2) [probably means section 2539(c)(3) of Pub. L.
      101-647, set out as a note under section 509 of this title] and
      shall provide such report on the data monthly through December
      31, 1991, and quarterly after such date.
      "(b) Specifics of Report. - The report required by subsection (a)
    shall - 
        "(1) categorize data as to various types of financial
      institutions and appropriate dollar loss categories;
        "(2) disclose data for each Federal judicial district;
        "(3) describe the activities of the Financial Institution Fraud
      Unit; and
        "(4) list - 
          "(A) the number of institutions, categorized by failed and
        open institutions, in which evidence of significant fraud,
        unlawful activity, insider abuse or serious misconduct has been
        alleged or detected;
          "(B) civil, criminal, and administrative enforcement actions,
        including those of the Federal financial institutions
        regulatory agencies, brought against offenders;
          "(C) any settlements or judgments obtained against offenders;
          "(D) indictments, guilty pleas, or verdicts obtained against
        offenders; and
          "(E) the resources allocated in pursuit of investigations,
        prosecutions, and sentencings (including indictments, guilty
        pleas, or verdicts obtained against offenders) and related
        proceedings."

                          CONGRESSIONAL OVERSIGHT                      
      Pub. L. 100-700, Sec. 6, Nov. 19, 1988, 102 Stat. 4634, which
    required the Attorney General to report annually to Congress on
    referrals of fraud cases and related matters, terminated, effective
    May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as
    amended, set out as a note under section 1113 of Title 31, Money
    and Finance. See, also, page 120 of House Document No. 103-7.

    REPORT TO CONGRESS ON ROBBERIES AND BURGLARIES INVOLVING CONTROLLED
                                SUBSTANCES
      Pub. L. 98-305, Sec. 4, May 31, 1984, 98 Stat. 222, provided
    that: "For each of the first three years after the date of
    enactment of this Act [May 31, 1984], the Attorney General of the
    United States shall submit an annual report to the Congress with
    respect to the enforcement activities of the Attorney General
    relating to the offenses created by the amendment made by section 2
    of this Act [enacting section 2118 of Title 18, Crimes and Criminal
    Procedure]."

           REPORT TO CONGRESS ON SEXUAL EXPLOITATION OF CHILDREN       
      Pub. L. 98-292, Sec. 9, May 21, 1984, 98 Stat. 206, provided
    that: "Beginning one hundred and twenty days after the date of
    enactment of this Act [May 21, 1984], and every year thereafter,
    the Attorney General shall report to the Congress on prosecutions,
    convictions, and forfeitures under chapter 110 of title 18 of the
    United States Code."

-FOOTNOTE-
    (!1) So in original. Probably should be followed by "the".

-End-

-CITE-
    28 USC Sec. 523                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 523. Requisitions

-STATUTE-
      The Attorney General shall sign all requisitions for the advance
    or payment of moneys appropriated for the Department of Justice,
    out of the Treasury, subject to the same control as is exercised on
    like estimates or accounts by the Government Accountability Office.

-SOURCE-
    (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 615;
    amended Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    5 U.S.C. 319.       R.S. Sec. 369.                   
    --------------------------------------------------------------------

      The words "General Accounting Office" are substituted for "First
    Auditor or First Comptroller of the Treasury" on authority of the
    Act of June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24.

                                AMENDMENTS                            
      2004 - Pub. L. 108-271 substituted "Government Accountability
    Office" for "General Accounting Office".

-End-

-CITE-
    28 USC Sec. 524                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 524. Availability of appropriations

-STATUTE-
      (a) Appropriations for the Department of Justice are available to
    the Attorney General for payment of - 
        (1) notarial fees, including such additional stenographic
      services as are required in connection therewith in the taking of
      depositions, and compensation and expenses of witnesses and
      informants, all at the rates authorized or approved by the
      Attorney General or the Assistant Attorney General for
      Administration; and
        (2) when ordered by the court, actual expenses of meals and
      lodging for marshals, deputy marshals, or criers when acting as
      bailiffs in attendance on juries.

      (b) Except as provided in subsection (a) of this section, a claim
    of not more than $500 for expenses related to litigation that is
    beyond the control of the Department may be paid out of
    appropriations currently available to the Department for expenses
    related to litigation when the Comptroller General settles the
    payment.
      (c)(1) There is established in the United States Treasury a
    special fund to be known as the Department of Justice Assets
    Forfeiture Fund (hereafter in this subsection referred to as the
    "Fund") which shall be available to the Attorney General without
    fiscal year limitation for the following law enforcement purposes -
    
        (A) the payment, at the discretion of the Attorney General, of
      any expenses necessary to seize, detain, inventory, safeguard,
      maintain, advertise, sell, or dispose of property under seizure,
      detention, or forfeited pursuant to any law enforced or
      administered by the Department of Justice, or of any other
      necessary expense incident to the seizure, detention, forfeiture,
      or disposal of such property including - 
          (i) payments for - 
            (I) contract services;
            (II) the employment of outside contractors to operate and
          manage properties or provide other specialized services
          necessary to dispose of such properties in an effort to
          maximize the return from such properties; and
            (III) reimbursement of any Federal, State, or local agency
          for any expenditures made to perform the functions described
          in this clause;

          (ii) payments to reimburse any Federal agency participating
        in the Fund for investigative costs leading to seizures;
          (iii) payments for contracting for the services of experts
        and consultants needed by the Department of Justice to assist
        in carrying out duties related to asset seizure and forfeiture;
        and
          (iv) payments made pursuant to guidelines promulgated by the
        Attorney General if such payments are necessary and directly
        related to seizure and forfeiture program expenses for - 
            (I) the purchase or lease of automatic data processing
          systems (not less than a majority of which use will be
          related to such program);
            (II) training;
            (III) printing;
            (IV) the storage, protection, and destruction of controlled
          substances; and
            (V) contracting for services directly related to the
          identification of forfeitable assets, and the processing of
          and accounting for forfeitures;

        (B) the payment of awards for information or assistance
      directly relating to violations of the criminal drug laws of the
      United States or of sections 1956 and 1957 of title 18, sections
      5313 and 5324 of title 31, and section 6050I of the Internal
      Revenue Code of 1986;
        (C) at the discretion of the Attorney General, the payment of
      awards for information or assistance leading to a civil or
      criminal forfeiture involving any Federal agency participating in
      the Fund;
        (D) the compromise and payment of valid liens and mortgages
      against property that has been forfeited pursuant to any law
      enforced or administered by the Department of Justice, subject to
      the discretion of the Attorney General to determine the validity
      of any such lien or mortgage and the amount of payment to be
      made, and the employment of attorneys and other personnel skilled
      in State real estate law as necessary;
        (E)(i) for disbursements authorized in connection with
      remission or mitigation procedures relating to property forfeited
      under any law enforced or administered by the Department of
      Justice; and
        (ii) for payment for - 
          (I) costs incurred by or on behalf of the Department of
        Justice in connection with the removal, for purposes of Federal
        forfeiture and disposition, of any hazardous substance or
        pollutant or contaminant associated with the illegal
        manufacture of amphetamine or methamphetamine; and
          (II) costs incurred by or on behalf of a State or local
        government in connection with such removal in any case in which
        such State or local government has assisted in a Federal
        prosecution relating to amphetamine or methamphetamine, to the
        extent such costs exceed equitable sharing payments made to
        such State or local government in such case;

        (F)(i) for equipping for law enforcement functions of any
      Government-owned or leased vessel, vehicle, or aircraft available
      for official use by any Federal agency participating in the Fund;
        (ii) for equipping any vessel, vehicle, or aircraft available
      for official use by a State or local law enforcement agency to
      enable the vessel, vehicle, or aircraft to assist law enforcement
      functions if the vessel, vehicle, or aircraft will be used in a
      joint law enforcement operation with a Federal agency
      participating in the Fund; and
        (iii) payments for other equipment directly related to seizure
      or forfeiture, including laboratory equipment, protective
      equipment, communications equipment, and the operation and
      maintenance costs of such equipment;
        (G) for purchase of evidence of any violation of the Controlled
      Substances Act, the Controlled Substances Import and Export Act,
      chapter 96 of title 18, or sections 1956 and 1957 of title 18;
        (H) the payment of State and local property taxes on forfeited
      real property that accrued between the date of the violation
      giving rise to the forfeiture and the date of the forfeiture
      order; and
        (I) payment of overtime salaries, travel, fuel, training,
      equipment, and other similar costs of State or local law
      enforcement officers that are incurred in a joint law enforcement
      operation with a Federal law enforcement agency participating in
      the Fund.

    Amounts for paying the expenses authorized by subparagraphs (B),
    (F), and (G) shall be specified in appropriations Acts and may be
    used under authorities available to the organization receiving the
    funds. Amounts for other authorized expenditures and payments from
    the Fund, including equitable sharing payments, are not required to
    be specified in appropriations acts. The Attorney General may
    exempt the procurement of contract services under subparagraph (A)
    under the Fund from section 3709 of the Revised Statutes of the
    United States (41 U.S.C. 5), title III of the Federal Property and
    Administrative Services Act of 1949 (!1) (41 U.S.C. 251 and
    following), and other provisions of law as may be necessary to
    maintain the security and confidentiality of related criminal
    investigations.

      (2) Any award paid from the Fund, as provided in paragraph (1)(B)
    or (C), shall be paid at the discretion of the Attorney General or
    his delegate, under existing departmental delegation policies for
    the payment of awards, except that the authority to pay an award of
    $250,000 or more shall not be delegated to any person other than
    the Deputy Attorney General, the Associate Attorney General, the
    Director of the Federal Bureau of Investigation, or the
    Administrator of the Drug Enforcement Administration. Any award
    pursuant to paragraph (1)(B) shall not exceed $500,000. Any award
    pursuant to paragraph (1)(C) shall not exceed the lesser of
    $500,000 or one-fourth of the amount realized by the United States
    from the property forfeited, without both the personal approval of
    the Attorney General and written notice within 30 days thereof to
    the Chairmen and ranking minority members of the Committees on
    Appropriations and the Judiciary of the Senate and of the House of
    Representatives.
      (3) Any amount under subparagraph (G) of paragraph (1) shall be
    paid at the discretion of the Attorney General or his delegate,
    except that the authority to pay $100,000 or more may be delegated
    only to the respective head of the agency involved.
      (4) There shall be deposited in the Fund - 
        (A) all amounts from the forfeiture of property under any law
      enforced or administered by the Department of Justice, except all
      proceeds of forfeitures available for use by the Secretary of the
      Treasury or the Secretary of the Interior pursuant to section
      11(d) of the Endangered Species Act (16 U.S.C. 1540(d)) or
      section 6(d) of the Lacey Act Amendments of 1981 (16 U.S.C.
      3375(d)), or the Postmaster General of the United States pursuant
      to 39 U.S.C. 2003(b)(7);
        (B) all amounts representing the Federal equitable share from
      the forfeiture of property under any Federal, State, local or
      foreign law, for any Federal agency participating in the Fund;
        (C) all amounts transferred by the Secretary of the Treasury
      pursuant to section 9703(g)(4)(A)(ii) (!1) of title 31; and
        (D) all amounts collected - 
          (i) by the United States pursuant to a reimbursement order
        under paragraph (2) of section 413(q) of the Controlled
        Substances Act (21 U.S.C. 853(q)); and
          (ii) pursuant to a restitution order under paragraph (1) or
        (3) of section 413(q) of the Controlled Substances Act for
        injuries to the United States.

      (5) Amounts in the Fund, and in any holding accounts associated
    with the Fund, that are not currently needed for the purpose of
    this section shall be kept on deposit or invested in obligations
    of, or guaranteed by, the United States and all earnings on such
    investments shall be deposited in the Fund.
      (6)(A) The Attorney General shall transmit to Congress and make
    available to the public, not later than 4 months after the end of
    each fiscal year, detailed reports for the prior fiscal year as
    follows:
        (i) A report on total deposits to the Fund by State of deposit.
        (ii) A report on total expenses paid from the Fund, by category
      of expense and recipient agency, including equitable sharing
      payments.
        (iii) A report describing the number, value, and types of
      properties placed into official use by Federal agencies, by
      recipient agency.
        (iv) A report describing the number, value, and types of
      properties transferred to State and local law enforcement
      agencies, by recipient agency.
        (v) A report, by type of disposition, describing the number,
      value, and types of forfeited property disposed of during the
      year.
        (vi) A report on the year-end inventory of property under
      seizure, but not yet forfeited, that reflects the type of
      property, its estimated value, and the estimated value of liens
      and mortgages outstanding on the property.
        (vii) A report listing each property in the year-end inventory,
      not yet forfeited, with an outstanding equity of not less than
      $1,000,000.

      (B) The Attorney General shall transmit to Congress and make
    available to the public, not later than 2 months after final
    issuance, the audited financial statements for each fiscal year for
    the Fund.
      (C) Reports under subparagraph (A) shall include information with
    respect to all forfeitures under any law enforced or administered
    by the Department of Justice.
      (D) The transmittal and publication requirements in subparagraphs
    (A) and (B) may be satisfied by - 
        (i) posting the reports on an Internet website maintained by
      the Department of Justice for a period of not less than 2 years;
      and
        (ii) notifying the Committees on the Judiciary of the House of
      Representatives and the Senate when the reports are available
      electronically.

      (7) The provisions of this subsection relating to deposits in the
    Fund shall apply to all property in the custody of the Department
    of Justice on or after the effective date of the Comprehensive
    Forfeiture Act of 1983.
      (8)(A) There are authorized to be appropriated such sums as
    necessary for the purposes described in subparagraphs (B), (F), and
    (G) of paragraph (1).
      (B) Subject to subparagraphs (C) and (D), at the end of each of
    fiscal years 1994, 1995, and 1996, the Attorney General shall
    transfer from the Fund not more than $100,000,000 to the Special
    Forfeiture Fund established by section 6073 of the Anti-Drug Abuse
    Act of 1988.(!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 Public Law 103-121, and after satisfying the transfer
    requirement in subparagraph (B) of this paragraph, any excess
    unobligated balance remaining in the Fund on September 30, 1997 and
    thereafter shall be available to the Attorney General, without
    fiscal year limitation, for any Federal law enforcement,
    litigative/prosecutive, and correctional activities, or any other
    authorized purpose of the Department of Justice. Any amounts
    provided pursuant to this subparagraph may be used under
    authorities available to the organization receiving the funds.
      (9)(A) Following the completion of procedures for the forfeiture
    of property pursuant to any law enforced or administered by the
    Department, the Attorney General is authorized, in her discretion,
    to warrant clear title to any subsequent purchaser or transferee of
    such property.
      (B) For fiscal years 2002 and 2003, the Attorney General is
    authorized to transfer, under such terms and conditions as the
    Attorney General shall specify, real or personal property of
    limited or marginal value, to a State or local government agency,
    or its designated contractor or transferee, for use to support drug
    abuse treatment, drug and crime prevention and education, housing,
    job skills, and other community-based public health and safety
    programs. Each such transfer shall be subject to satisfaction by
    the recipient involved of any outstanding lien against the property
    transferred, but no such transfer shall create or confer any
    private right of action in any person against the United States.
      (10) The Attorney General shall transfer from the Fund to the
    Secretary of the Treasury for deposit in the Department of the
    Treasury Forfeiture Fund amounts appropriate to reflect the degree
    of participation of the Department of the Treasury law enforcement
    organizations (described in section 9703(p) (!1) of title 31) in
    the law enforcement effort resulting in the forfeiture pursuant to
    laws enforced or administered by the Department of Justice.
      (11) For purposes of this subsection and notwithstanding section
    9703 (!1) of title 31 or any other law, property is forfeited
    pursuant to a law enforced or administered by the Department of
    Justice if it is forfeited pursuant to - 
        (A) a judicial forfeiture proceeding when the underlying
      seizure was made by an officer of a Federal law enforcement
      agency participating in the Department of Justice Assets
      Forfeiture Fund or the property was maintained by the United
      States Marshals Service; or
        (B) a civil administrative forfeiture proceeding conducted by a
      Department of Justice law enforcement component or pursuant to
      the authority of the Secretary of Commerce.

      (d)(1) The Attorney General may accept, hold, administer, and use
    gifts, devises, and bequests of any property or services for the
    purpose of aiding or facilitating the work of the Department of
    Justice.
      (2) Gifts, devises, and bequests of money, the proceeds of sale
    or liquidation of any other property accepted hereunder, and any
    income accruing from any property accepted hereunder - 
        (A) shall be deposited in the Treasury in a separate fund and
      held in trust by the Secretary of the Treasury for the benefit of
      the Department of Justice; and
        (B) are hereby appropriated, without fiscal year limitation,
      and shall be disbursed on order of the Attorney General.

      (3) Upon request of the Attorney General, the Secretary of the
    Treasury may invest and reinvest the fund described herein in
    public debt securities with maturities suitable for the needs of
    the fund and bearing interest at rates determined by the Secretary
    of the Treasury, taking into consideration the current average
    market yield on outstanding marketable obligations of the United
    States or comparable maturities.
      (4) Evidences of any intangible personal property (other than
    money) accepted hereunder shall be deposited with the Secretary of
    the Treasury, who may hold or liquidate them, except that they
    shall be liquidated upon the request of the Attorney General.
      (5) For purposes of federal (!2) income, estate, and gift taxes,
    property accepted hereunder shall be considered a gift, devise, or
    bequest to, or for the use of, the United States.

-SOURCE-
    (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 615;
    amended Pub. L. 97-258, Sec. 2(g)(1)(B)-(D), Sept. 13, 1982, 96
    Stat. 1060; Pub. L. 98-473, title II, Secs. 310, 2303, Oct. 12,
    1984, 98 Stat. 2052, 2193; Pub. L. 99-570, title I, Sec. 1152(a),
    Oct. 27, 1986, 100 Stat. 3207-12; Pub. L. 99-646, Sec. 27, Nov. 10,
    1986, 100 Stat. 3597; Pub. L. 100-202, Sec. 101(a) [title II, Sec.
    210(a)], Dec. 22, 1987, 101 Stat. 1329, 1329-18; Pub. L. 100-690,
    title VI, Sec. 6072, Nov. 18, 1988, 102 Stat. 4320; Pub. L. 101-
    509, title III, Sec. 1, Nov. 5, 1990, 104 Stat. 1403; Pub. L. 101-
    647, title XVI, Sec. 1601, title XX, Secs. 2001(a), 2002, 2005,
    2006, Nov. 29, 1990, 104 Stat. 4842, 4854, 4855; Pub. L. 102-27,
    title II, Sec. 101, Apr. 10, 1991, 105 Stat. 135; Pub. L. 102-140,
    title I, Sec. 112, Oct. 28, 1991, 105 Stat. 795; Pub. L. 102-393,
    title VI, Sec. 638(f), Oct. 6, 1992, 106 Stat. 1788; Pub. L. 102-
    395, title I, Sec. 114(b), (c), Oct. 6, 1992, 106 Stat. 1845; Pub.
    L. 102-550, title XV, Sec. 1529, Oct. 28, 1992, 106 Stat. 4065;
    Pub. L. 103-121, title I, Sec. 109, Oct. 27, 1993, 107 Stat. 1164;
    Pub. L. 103-317, title I, Sec. 110, Aug. 26, 1994, 108 Stat. 1735;
    Pub. L. 103-322, title IX, Sec. 90205(b), title XXXII, Secs.
    320301, 320302, 320913(a), Sept. 13, 1994, 108 Stat. 1994, 2114,
    2128; Pub. L. 104-66, title I, Sec. 1091(h), Dec. 21, 1995, 109
    Stat. 722; Pub. L. 104-91, title I, Sec. 101(a), Jan. 6, 1996, 110
    Stat. 11, amended Pub. L. 104-99, title II, Sec. 211, Jan. 26,
    1996, 110 Stat. 37; Pub. L. 104-134, title I, Sec. 101[(a)] [title
    I, Sec. 122], Apr. 26, 1996, 110 Stat. 1321, 1321-22; renumbered
    title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327;
    Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Secs. 108,
    114, 116, 117], Sept. 30, 1996, 110 Stat. 3009, 3009-18, 3009-22,
    3009-23; Pub. L. 105-119, title I, Secs. 108, 124, title II, Sec.
    211(b), Nov. 26, 1997, 111 Stat. 2457, 2471, 2487; Pub. L. 105-272,
    title VI, Sec. 605, Oct. 20, 1998, 112 Stat. 2413; Pub. L. 106-185,
    Sec. 19, Apr. 25, 2000, 114 Stat. 223; Pub. L. 106-310, div. B,
    title XXXVI, Secs. 3613(b), 3621(a), Oct. 17, 2000, 114 Stat. 1230;
    Pub. L. 107-273, div. A, title II, Sec. 204(a), Nov. 2, 2002, 116
    Stat. 1775.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
                                 1966 ACT                             
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    5 U.S.C. 341.       July 28, 1950, ch. 503, Sec. 1,  
                                         64 Stat. 380.                   
    --------------------------------------------------------------------

      The words "now or hereafter" are omitted as unnecessary. The
    words "Assistant Attorney General for Administration" are
    substituted for "his administrative assistant" to make the statute
    more specific and to reflect the current title of the position, see
    Sec. 307 of the Act of Aug. 14, 1964, Pub. L. 88-426, 78 Stat. 432.

                                 1982 ACT                             
    --------------------------------------------------------------------
     Revised      Source (U.S. Code)        Source (Statutes at Large)  
     Section                                                            
    --------------------------------------------------------------------
    28:524(b)    31:693a.                Oct. 10, 1949, ch. 662, Sec.   
                                          101 (par. under heading       
                                          "General Provision -          
                                          Department of Justice"), 63   
                                          Stat. 746.                    
    --------------------------------------------------------------------

      The words "After October 10, 1949" are omitted as executed. The
    words "Except as provided in subsection (a) of this section" are
    added for clarity. The words "fees, storage, or other items of" are
    omitted as surplus. The words "to the Department" are added for
    clarity.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Property and Administrative Services Act of 1949,
    referred to in subsec. (c)(1), is act June 30, 1949, ch. 288, 63
    Stat. 393, as amended. Title III of the Act is classified generally
    to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41,
    Public Contracts. For complete classification of this Act to the
    Code, see Tables.
      Section 6050I of the Internal Revenue Code of 1986, referred to
    in subsec. (c)(1)(B), is classified to section 6050I of Title 26,
    Internal Revenue Code.
      The Controlled Substances Act, referred to in subsec. (c)(1)(G),
    is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as
    amended, which is classified principally to subchapter I (Sec. 801
    et seq.) of chapter 13 of Title 21, Food and Drugs. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 801 of Title 21 and Tables.
      The Controlled Substances Import and Export Act, referred to in
    subsec. (c)(1)(G), is title III of Pub. L. 91-513, Oct. 27, 1970,
    84 Stat. 1285, as amended, which is classified principally to
    subchapter II (Sec. 951 et seq.) of chapter 13 of Title 21. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 951 of Title 21 and Tables.
      Section 9703 of title 31, referred to in subsec. (c)(4)(C), (10),
    (11), probably means the section 9703 of Title 31, Money and
    Finance, added by Pub. L. 102-393, title VI, Sec. 638(b)(1), Oct.
    6, 1992, 106 Stat. 1779. Clause (ii) of subsec. (g)(4)(A) of that
    section was repealed by Pub. L. 103-322, title IX, Sec.
    90205(c)(2)(B), Sept. 13, 1994, 108 Stat. 1995.
      The effective date of the Comprehensive Forfeiture Act of 1983,
    referred to in subsec. (c)(7), probably means the date of enactment
    of the Comprehensive Forfeiture Act of 1984, chapter III (Secs. 301
    to 323) of title II of Pub. L. 98-473, which was approved Oct. 12,
    1984.
      Section 6073 of the Anti-Drug Abuse Act of 1988, referred to in
    subsec. (c)(8)(B), was classified to section 1509 of Title 21, Food
    and Drugs, prior to repeal by Pub. L. 109-469, title XI, Sec.
    1101(b), Dec. 29, 2006, 120 Stat. 3539.
      Section 605 of Public Law 103-121, referred to in subsec.
    (c)(8)(E), is section 605 of Pub. L. 103-121, title VI, Oct. 27,
    1993, 107 Stat. 1194, which is not classified to the Code.

-COD-
                               CODIFICATION                           
      Amendment by Pub. L. 104-91 is based on section 109 of H.R. 2076,
    One Hundred Fourth Congress, as passed by the House of
    Representatives on Dec. 6, 1995, which was enacted into law by Pub.
    L. 104-91.

-MISC2-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-273, Sec. 204(a)(1), inserted "to
    the Attorney General" after "available" in introductory provisions.
      Subsec. (c)(1). Pub. L. 107-273, Sec. 204(a)(2)(C), (D), in
    concluding provisions, substituted "(B), (F), and (G)" for
    "(A)(iv), (B), (F), (G), and (H)" and "under the Fund" for "under
    the fund".
      Subsec. (c)(1)(I). Pub. L. 107-273, Sec. 204(a)(2)(B), struck out
    subpar. (I) which read as follows: "after all reimbursements and
    program-related expenses have been met at the end of fiscal year
    1989, the Attorney General may transfer deposits from the Fund to
    the building and facilities account of the Federal prison system
    for the construction of correctional institutions."
      Pub. L. 107-273, Sec. 204(a)(2)(A), substituted period for
    semicolon at end.
      Subsec. (c)(2). Pub. L. 107-273, Sec. 204(a)(3), substituted
    "shall not exceed $500,000" for "shall not exceed $250,000" and
    "the lesser of $500,000" for "the lesser of $250,000", struck out
    "for information" after "Any award paid from the Fund" and after
    "Any award" in two places, and inserted before period at end ",
    without both the personal approval of the Attorney General and
    written notice within 30 days thereof to the Chairmen and ranking
    minority members of the Committees on Appropriations and the
    Judiciary of the Senate and of the House of Representatives".
      Subsec. (c)(3). Pub. L. 107-273, Sec. 204(a)(4), substituted
    "(G)" for "(F)".
      Subsec. (c)(5). Pub. L. 107-273, Sec. 204(a)(5), substituted
    "Fund, that" for "Fund which".
      Subsec. (c)(8)(A). Pub. L. 107-273, Sec. 204(a)(6), substituted
    "(B), (F), and (G)" for "(A)(iv), (B), (F), (G), and (H)".
      Subsec. (c)(9)(B). Pub. L. 107-273, Sec. 204(a)(7), substituted
    "years 2002 and 2003" for "year 1997" and "Each such transfer shall
    be subject to satisfaction by the recipient involved of any
    outstanding lien against the property transferred, but no such
    transfer shall" for "Such transfer shall not".
      2000 - Subsec. (c)(1)(E). Pub. L. 106-310, Sec. 3621(a),
    designated existing provisions as cl. (i), inserted "and" after
    semicolon at end, and added cl. (ii).
      Subsec. (c)(4)(D). Pub. L. 106-310, Sec. 3613(b), added subpar.
    (D).
      Subsec. (c)(6). Pub. L. 106-185 amended par. (6) generally. Prior
    to amendment, par. (6) required the Attorney General to transmit to
    Congress, not later than 4 months after the end of each fiscal
    year, detailed reports on the value of property forfeited under a
    law enforced or administered by the Department of Justice with
    respect to which funds were not deposited in the Fund and on the
    value of such property transferred to a State or local law
    enforcement agency, on the Fund's balances, receipts, payments,
    assets, and on certain property not forfeited, on profits and
    losses with respect to forfeited property, on forfeited property
    transactions, on audits reports from State and local law
    enforcement agencies, and on administrative and contracting
    expenses paid from the Fund.
      1998 - Subsec. (d)(1). Pub. L. 105-272 inserted "or services"
    after "property".
      1997 - Subsec. (c)(8)(B). Pub. L. 105-119, Sec. 124, substituted
    "and 1996," for "1996, and 1997,".
      Subsec. (c)(8)(E). Pub. L. 105-119, Sec. 108, substituted "1997
    and thereafter" for "1996".
      Subsec. (c)(11)(B). Pub. L. 105-119, Sec. 211(b), which directed
    the amendment of subpar. (B) by inserting at end thereof "or
    pursuant to the authority of the Secretary of Commerce", was
    executed by inserting the material before the period to reflect the
    probable intent of Congress.
      1996 - Subsec. (c)(1). Pub. L. 104-208, Sec. 101(a) [title I,
    Sec. 114(a)], struck out "(C)," after "(B)," in concluding
    provisions.
      Subsec. (c)(8)(A). Pub. L. 104-208, Sec. 101(a) [title I, Sec.
    114(b)], struck out "(C)," after "(B),".
      Subsec. (c)(8)(E). Pub. L. 104-208, Sec. 101(a) [title I, Sec.
    108], substituted "September 30, 1996" for "September 30, 1995".
      Pub. L. 104-134 struck out subpar. (E), as added by Pub. L. 103-
    317, which read as follows: "Subject to the notification
    procedures contained in section 605 of Public Law 103-121, and
    after satisfying the transfer requirement in subparagraph (B)
    above, any excess unobligated balance remaining in the Fund on
    September 30, 1994 shall be available to the Attorney General,
    without fiscal year limitation, for any Federal law enforcement,
    litigative/prosecutive, and correctional activities, or any other
    authorized purpose of the Department of Justice. Any amounts
    provided pursuant to this section may be used under authorities
    available to the organization receiving the funds."
      Pub. L. 104-91, as amended by Pub. L. 104-99, which directed
    amendment of subsec. (c)(9) of this section by adding subpar. (E)
    relating to excess unobligated balance remaining in the Fund on
    Sept. 30, 1995, was executed by adding subpar. (E) at the end of
    subsec. (c)(8), to reflect the redesignation of subsec. (c)(9) as
    (c)(8) by Pub. L. 104-66. See below.
      Subsec. (c)(9). Pub. L. 104-208, Sec. 101(a) [title I, Sec. 117],
    amended par. (9) generally. Prior to amendment, par. (9) read as
    follows: "Following the completion of procedures for the forfeiture
    of property pursuant to any law enforced or administered by the
    Department, the Attorney General is authorized, at his discretion,
    to warrant clear title to any subsequent purchaser or transferee of
    such forfeited property."
      Subsec. (d). Pub. L. 104-208, Sec. 101(a) [title I, Sec. 116],
    added subsec. (d).
      1995 - Subsec. (c)(7) to (12). Pub. L. 104-66 redesignated pars.
    (8) to (12) as (7) to (11), respectively, and struck out former
    par. (7) which read as follows:
      "(7)(A) The Fund shall be subject to annual audit by the
    Comptroller General.
      "(B) The Attorney General shall require that any State or local
    law enforcement agency receiving funds conduct an annual audit
    detailing the uses and expenses to which the funds were dedicated
    and the amount used for each use or expense and report the results
    of the audit to the Attorney General."
      1994 - Subsec. (c)(1)(H), (I). Pub. L. 103-322, Sec. 320913(a),
    added subpar. (H) and redesignated former subpar. (H) relating to
    payment of overtime salaries, travel, etc. as (I).
      Subsec. (c)(6)(B). Pub. L. 103-322, Sec. 320302(1), struck out
    "and" at end.
      Subsec. (c)(6)(C). Pub. L. 103-322, Sec. 320302(2), substituted
    "; and" for period at end.
      Pub. L. 103-322, Sec. 320301(b), inserted as flush sentence at
    end "The report should also contain all annual audit reports from
    State and local law enforcement agencies required to be reported to
    the Attorney General under subparagraph (B) of paragraph (7)."
      Subsec. (c)(6)(D). Pub. L. 103-322, Sec. 320302(3), added subpar.
    (D).
      Subsec. (c)(7). Pub. L. 103-322, Sec. 320301(a), amended par. (7)
    generally, designating existing provisions as subpar. (A) and
    adding subpar. (B).
      Subsec. (c)(9)(B) to (D). Pub. L. 103-322, Sec. 90205(b), amended
    subpars. (B) to (D) generally. Prior to amendment, subpars. (B) to
    (D) read as follows:
      "(B) Subject to subparagraph (C), in each of fiscal years 1990,
    1991, 1992, and 1993, the Attorney General may transfer from the
    Fund not more than $150,000,000 to the Special Forfeiture Fund
    established by section 6073 of the Anti-Drug Abuse Act of 1988.
    Such transfers shall be made at the end of each quarter of the
    fiscal year involved and on a quarterly pro rata basis.
      "(C) Transfers under subparagraph (B) may be made only from
    excess unobligated amounts and only to the extent that, as
    determined by the Attorney General, such transfers will not impair
    the future availability of amounts for the purposes under paragraph
    (1). Further, transfers under subsection (B) may be made only to
    the extent that the sum of the transfers for the current fiscal
    year and the unobligated balance at the beginning of the current
    fiscal year for the Special Forfeiture Fund do not exceed
    $150,000,000.
      "(D) At the end of each of fiscal years 1990, 1991, 1992, and
    1993, the Attorney General may retain in the Fund not more than
    $15,000,000, or, if determined by the Attorney General to be
    necessary for asset-specific expenses, a greater amount equal to
    not more than one-tenth of the total of obligations from the Fund
    in preceding fiscal year."
      Subsec. (c)(9)(E). Pub. L. 103-317 added subpar. (E).
      1993 - Subsec. (c)(9)(E). Pub. L. 103-121, which directed the
    striking of "subsection (E)", was executed by striking subpar. (E)
    which read as follows: "Subject to the notification procedures
    contained in section 606 of Public Law 101-515, and after reserving
    the amounts authorized in subparagraph (D) above, any unobligated
    balances remaining in the Fund on September 30, 1991, and on
    September 30 of each fiscal year thereafter, shall be available to
    the Attorney General, without fiscal year limitation, for law
    enforcement, prosecution and correctional activities, and related
    training requirements of Federal agencies. Any amounts provided
    pursuant to this section may be used under authorities available to
    the organization receiving the funds."
      1992 - Subsec. (c)(1). Pub. L. 102-393, Sec. 638(f)(1)(C)-(F),
    which directed amendment of par. (1) by adding subpar. (H),
    redesignating former subpar. (H) as (I), and substituting "(A)(iv)"
    for "(A)(ii)" and "(G), and (H)" for "and (G)" in the first
    sentence of par. following subpar. (I), was executed to par. (1) as
    amended by Pub. L. 102-395, Sec. 114(c), to reflect the probable
    intent of Congress and the approval of Pub. L. 102-393 and Pub. L.
    102-395 on the same day.
      Pub. L. 102-395, Sec. 114(c), amended generally the first
    sentence of par. following subpar. (H). Prior to amendment, that
    sentence read as follows: "Amounts for paying the expenses
    authorized by subparagraphs (A)(ii), (B), (C), (F), and (G) shall
    be specified in appropriations acts."
      Subsec. (c)(1)(A). Pub. L. 102-393, Sec. 638(f)(1)(A), amended
    subpar. (A) generally. Prior to amendment, subpar. (A) read as
    follows: "the payment, at the discretion of the Attorney General,
    of any expenses necessary to seize, detain, inventory, safeguard,
    maintain, advertise, or sell property under seizure, detention, or
    forfeited pursuant to any law enforced or administered by the
    Department of Justice, or of any other necessary expenses incident
    to the seizure, detention, or forfeiture of such property; such
    payments may include - 
        "(i) payments for contract services, the employment of outside
      contractors to operate and manage properties or provide other
      specialized services as necessary to dispose of such properties
      in an effort to maximize the return from such properties, and
      payments to reimburse any Federal, State, or local agency for any
      expenditures made to perform the foregoing functions; and
        "(ii) payments made pursuant to regulations promulgated by the
      Attorney General, that are necessary and direct program-related
      expenses for the purchase or lease of automatic data processing
      equipment (not less than a majority of which use will be program
      related), training, printing, contracting for services directly
      related to the identification of forfeitable assets processing of
      and accounting for forfeitures, and the storage, protection, and
      destruction of controlled substances;".
      Subsec. (c)(1)(B). Pub. L. 102-550 inserted "or of sections 1956
    and 1957 of title 18, sections 5313 and 5324 of title 31, and
    section 6050I of the Internal Revenue Code of 1986" after "United
    States".
      Subsec. (c)(1)(F). Pub. L. 102-393, Sec. 638(f)(1)(B), amended
    subpar. (F) generally. Prior to amendment, subpar. (F) read as
    follows: "for equipping for law enforcement functions any
    government-owned or leased vessels, vehicles, and aircraft
    available for official use by any federal agency participating in
    the Fund;".
      Subsec. (c)(1)(H), (I). Pub. L. 102-393, Sec. 638(f)(1)(C)-(E),
    added subpar. (H) and redesignated former subpar. (H) as (I).
      Subsec. (c)(4). Pub. L. 102-393, Sec. 638(f)(2), inserted
    "Federal," before "State" in subpar. (B) and added subpar. (C).
      Subsec. (c)(6)(B)(v). Pub. L. 102-393, Sec. 638(f)(3), amended
    cl. (v) generally. Prior to amendment, cl. (v) read as follows:
    "any defendant's equity in property valued at $1,000,000 or more;
    and".
      Subsec. (c)(9)(A). Pub. L. 102-393, Sec. 638(f)(4), substituted
    "(A)(iv)" for "(A)(ii)" and "(G), and (H)" for "and (G)".
      Subsec. (c)(9)(E). Pub. L. 102-395, Sec. 114(b), struck out "to
    be transferred to any Federal agency" after "without fiscal year
    limitation," and substituted for period at end "of Federal
    agencies. Any amounts provided pursuant to this section may be used
    under authorities available to the organization receiving the
    funds."
      Pub. L. 102-393, Sec. 638(f)(5), struck out "to procure vehicles,
    equipment, and other capital investment items" before "for law
    enforcement".
      Subsec. (c)(11), (12). Pub. L. 102-393, Sec. 638(f)(6), added
    pars. (11) and (12) and struck out former par. (11) which read as
    follows: "For the purposes of this subsection, property is
    forfeited pursuant to a law enforced or administered by the
    Department of Justice if it is forfeited pursuant to - 
        "(A) any criminal forfeiture proceeding;
        "(B) any civil judicial forfeiture proceeding; or
        "(C) any civil administrative forfeiture proceeding conducted
      by the Department of Justice,
    except to the extent that the seizure was effected by a Customs
    officer or that custody was maintained by the United States Customs
    Service in which case the provisions of section 613A of the Tariff
    Act of 1930 (19 U.S.C. 1613a) shall apply."
      1991 - Subsec. (c)(1). Pub. L. 102-140, Sec. 112(1), substituted
    "law enforcement purposes" for "purposes of the Department of
    Justice" in introductory provisions.
      Subsec. (c)(1)(C). Pub. L. 102-140, Sec. 112(2), added subpar.
    (C) and struck out former subpar. (C) which read as follows: "at
    the discretion of the Attorney General, the payment of awards for
    information or assistance leading to - 
        "(i) a civil or criminal forfeiture under the Controlled
      Substances Act or the Controlled Substances Import and Export
      Act;
        "(ii) a criminal forfeiture under chapter 96 of title 18;
        "(iii) a civil forfeiture under section 981 of title 18; or
        "(iv) a criminal forfeiture under section 982 of title 18."
      Subsec. (c)(1)(F). Pub. L. 102-140, Sec. 112(3), (4), struck out
    "drug" before "law enforcement functions" and substituted "any
    federal agency participating in the Fund" for "the Drug Enforcement
    Administration, the Federal Bureau of Investigation, the
    Immigration and Naturalization Service, or the United States
    Marshals Service".
      Subsec. (c)(4). Pub. L. 102-140, Sec. 112(5), added par. (4) and
    struck out former par. (4) which read as follows: "There shall be
    deposited in the Fund all amounts from the forfeiture of property
    under any law enforced or administered by the Department of
    Justice, except all proceeds of forfeitures available for use by
    the Secretary of the Treasury or the Secretary of the Interior
    pursuant to section 11(d) of the Endangered Species Act (16 U.S.C.
    1540(d)) or section 6(d) of the Lacey Act Amendments of 1981 (16
    U.S.C. 3375(d)) or the Postmaster General of the United States
    pursuant to section 2003(b)(7) of title 39."
      Subsec. (c)(5). Pub. L. 102-140, Sec. 112(6), inserted ", and in
    any holding accounts associated with the Fund" after first
    reference to "Fund".
      Subsec. (c)(9)(C). Pub. L. 102-140, Sec. 112(7), inserted at end
    "Further, transfers under subsection (B) may be made only to the
    extent that the sum of the transfers for the current fiscal year
    and the unobligated balance at the beginning of the current fiscal
    year for the Special Forfeiture Fund do not exceed $150,000,000."
      Subsec. (c)(9)(E). Pub. L. 102-140, Sec. 112(8)(B), which
    directed the substitution of "to be transferred to any Federal
    agency to procure vehicles, equipment, and other capital investment
    items for law enforcement, prosecution and correctional activities,
    and related training requirements" for "to procure vehicles,
    equipment, and other capital investment items for the law
    enforcement, prosecution and correctional activities of the
    Department of Justice" was executed by making the substitution for
    the quoted words which in the original contained a comma after
    "prosecution", to reflect the probable intent of Congress.
      Pub. L. 102-140, Sec. 112(8)(A), substituted "of each fiscal year
    thereafter" for ", 1992".
      Pub. L. 102-27 added subpar. (E).
      1990 - Subsec. (c)(1)(C). Pub. L. 101-647, Sec. 2005, amended
    subpar. (C) generally. Prior to amendment, subpar. (C) read as
    follows: "the payment of awards for information or assistance
    leading to a civil or criminal forfeiture under any law enforced or
    administered by the Department of Justice., at the discretion of
    the Attorney General;".
      Pub. L. 101-647, Sec. 1601, which directed substitution of "the
    payment of awards for information or assistance leading to a civil
    or criminal forfeiture under any law enforced or administered by
    the Department of Justice." for "the payment of awards for
    information or assistance leading to civil or criminal forfeiture
    under the Comprehensive Drug Abuse Prevention and Control Act of
    1970 (21 U.S.C. 800 et seq.) or a criminal forfeiture under the
    Racketeer Influenced and Corrupt Organizations statute (18 U.S.C.
    1961 et seq.)", was executed by making the substitution for "the
    payment of awards for information or assistance leading to a civil
    or criminal forfeiture under the Comprehensive Drug Abuse
    Prevention and Control Act of 1970 (21 U.S.C. 800 et seq.) or a
    criminal forfeiture under the Racketeer Influenced and Corrupt
    Organizations statute (18 U.S.C. 1961 et seq.)" to reflect the
    probable intent of Congress.
      Subsec. (c)(6). Pub. L. 101-647, Sec. 2006, struck out "two"
    after "fiscal year," in introductory provisions and added subpar.
    (C).
      Subsec. (c)(9). Pub. L. 101-647, Sec. 2001(a), inserted "(A)"
    before "There" and substituted subpars. (B) to (D) for "For each of
    fiscal years 1991, 1992, and 1993, the Attorney General shall
    transfer not to exceed $150,000,000 in unobligated amounts
    available in the Fund to the Special Forfeiture Fund: Provided,
    That such amounts will be transferred on a quarterly basis:
    Provided further, That, upon each transfer, not to exceed
    $15,000,000, or, if determined by the Attorney General to be
    necessary to meet forfeiture program expenses, an amount not to
    exceed one-tenth of the previous year's obligations shall be
    retained in the Fund and remain available for payment of authorized
    expenses: Provided further, That, any unobligated amounts in excess
    of $150,000,000 shall remain on deposit in the Fund."
      Pub. L. 101-509 amended second sentence generally, substituting
    sentence providing for transfers to Special Forfeiture Fund in
    fiscal years 1991, 1992, and 1993 for sentence that read as
    follows: "At the end of each of fiscal years 1990, 1991, and 1992,
    unobligated amounts not to exceed $150,000,000 remaining in the
    Fund shall be deposited in the Special Forfeiture Fund, except that
    an amount not to exceed $15,000,000 or, if determined necessary by
    the Attorney General to meet asset specific expenses, an amount
    equal to one-twelfth of the previous year's expenditures may be
    carried forward and remain available for appropriation in the next
    fiscal year."
      Subsec. (c)(10), (11). Pub. L. 101-647, Sec. 2002, added par.
    (10) and redesignated former par. (10) as (11).
      1988 - Subsec. (c). Pub. L. 100-690 amended subsec. (c)
    generally, revising and restating as pars. (1) to (10) provisions
    of former pars. (1) to (8).
      1987 - Subsec. (c)(1)(H). Pub. L. 100-202 added subpar. (H).
      1986 - Subsec. (c)(1)(A). Pub. L. 99-570, Sec. 1152(a)(1)(2),
    inserted provisions allowing payments that are necessary and direct
    program-related expenses for the purchase or lease of automatic
    data processing equipment, training, printing, contracting for
    services directly related to the processing of and accounting for
    forfeitures, and the storage, protection, and destruction of
    controlled substances.
      Subsec. (c)(1)(B) to (E). Pub. L. 99-570, Sec. 1152(a)(1)(3),
    added subpar. (B) and redesignated former subpars. (B) to (E) as
    (C) to (F), respectively.
      Subsec. (c)(1)(F). Pub. L. 99-646, Sec. 27(a), which directed the
    amendment of subpar. (E) by inserting "the Federal Bureau of
    Investigation, the United States Marshals Service," after "for
    official use by" and a comma before "or" was not executed in view
    of prior redesignation of subpar. (E) as (F) and substantively
    similar amendment by section 1152(a) of Pub. L. 99-570.
      Pub. L. 99-570, Sec. 1152(a)(1)(3), (4), redesignated former
    subpar. (E) as (F) and amended it generally. Prior to amendment,
    subpar. (E) read as follows: "for equipping for law enforcement
    functions of forfeited vessels, vehicles, and aircraft retained as
    provided by law for official use by the Drug Enforcement
    Administration or the Immigration and Naturalization Service; and".
    Former subpar. (F) redesignated (G).
      Subsec. (c)(1)(G). Pub. L. 99-570, Sec. 1152(a)(1)(3),
    redesignated former subpar. (F) as (G).
      Subsec. (c)(4). Pub. L. 99-570, Sec. 1152(a)(1)(5), and Pub. L.
    99-646, Sec. 27(b), made substantially identical amendments
    substituting ", except all proceeds of forfeitures available for
    use by the Secretary of the Treasury or the Secretary of the
    Interior pursuant to section 11(d) of the Endangered Species Act
    (16 U.S.C. 1540(d)) or section 6(d) of the Lacey Act Amendments of
    1981 (16 U.S.C. 3375(d))" for "remaining after the payment of
    expenses for forfeiture and sale authorized by law".
      Subsec. (c)(8), (9). Pub. L. 99-570, Sec. 1152(a)(1)(6),
    redesignated par. (9) as (8), and struck out former par. (8) which
    provided for an authorization of appropriations for fiscal years
    1984 to 1987 and deposit of excess amounts in the general fund of
    the Treasury of the United States.
      1984 - Subsec. (c). Pub. L. 98-473, Sec. 310, added subsec. (c).
      Subsec. (c)(1)(E), (F). Pub. L. 98-473, Sec. 2303(a), added
    subpars. (E) and (F).
      Subsec. (c)(3) to (9). Pub. L. 98-473, Sec. 2303(b), added par.
    (3) and redesignated existing pars. (3) to (8) as (4) to (9),
    respectively.
      1982 - Pub. L. 97-258, Sec. 2(g)(1)(B), substituted "Availability
    of appropriations" for "Appropriations for administrative expenses;
    notarial fees; meals and lodging of bailiffs" in section catchline.
      Subsecs. (a), (b). Pub. L. 97-258, Sec. 2(g)(1)(C), (D),
    designated existing provisions as subsec. (a) and added subsec.
    (b).

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-185 applicable to any forfeiture
    proceeding commenced on or after the date that is 120 days after
    Apr. 25, 2000, see section 21 of Pub. L. 106-185, set out as a note
    under section 1324 of Title 8, Aliens and Nationality.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 320913(b) of Pub. L. 103-322 provided that: "The
    amendment made by subsection (a) [amending this section] shall
    apply to all claims pending at the time of or commenced subsequent
    to the date of enactment of this Act [Sept. 13, 1994]."

              TRANSFER OF FORFEITED REAL OR PERSONAL PROPERTY          
      Pub. L. 108-199, div. B, title I, Sec. 108, Jan. 23, 2004, 118
    Stat. 61, provided that:
      "(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 [118 Stat.
    93]."

      GRANT PROGRAMS; AVAILABILITY OF FUNDS TO JAILS WITH PAY-TO-STAY
                                 PROGRAMS
      Pub. L. 106-553, Sec. 1(a)(2) [title I, Sec. 117, formerly Sec.
    118], Dec. 21, 2000, 114 Stat. 2762, 2762A-69; renumbered Sec.
    1(a)(2) [title I, Sec. 117], Pub. L. 106-554, Sec. 1(a)(4) [div. A,
    Sec. 213(a)(2)], Dec. 21, 2000, 114 Stat. 2763, 2763A-179, provided
    that: "Notwithstanding any other provision of law, for fiscal 2001
    and hereafter, with respect to any grant program for which amounts
    are made available under this title, no grant funds may be made
    available to any local jail that runs 'pay-to-stay programs.'."

     USE OF FUNDS MADE AVAILABLE FOR REMOVAL OF SUBSTANCES ASSOCIATED
        WITH ILLEGAL MANUFACTURE OF AMPHETAMINE AND METHAMPHETAMINE
      Pub. L. 106-310, div. B, title XXXVI, Sec. 3621(c)(1), Oct. 17,
    2000, 114 Stat. 1231, provided that: "Any amounts made available
    from the Department of Justice Assets Forfeiture Fund in a fiscal
    year by reason of the amendment made by subsection (a) [amending
    this section] shall supplement, and not supplant, any other amounts
    made available to the Department of Justice in such fiscal year
    from other sources for payment of costs described in section
    524(c)(1)(E)(ii) of title 28, United States Code, as so amended."

    ACQUISITION OF EQUIPMENT OR INTERIM SERVICES WITH COUNTERTERRORISM
                                   FUNDS
      Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title I, Sec. 109],
    Nov. 29, 1999, 113 Stat. 1535, 1501A-20, provided that: "Sections
    115 [set out below] and 127 [42 U.S.C. 1997e note] of the
    Departments of Commerce, Justice, and State, the Judiciary, and
    Related Agencies Appropriations Act, 1999 (as contained in section
    101(b) of division A of Public Law 105-277) shall apply to fiscal
    year 2000 and thereafter."
      Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 115], Oct.
    21, 1998, 112 Stat. 2681-50, 2681-68, provided that:
      "(a)(1) Notwithstanding any other provision of law, for fiscal
    year 1999, the Attorney General may obligate any funds appropriated
    for or reimbursed to the Counterterrorism programs, projects or
    activities of the Department of Justice to purchase or lease
    equipment or any related items, or to acquire interim services,
    without regard to any otherwise applicable Federal acquisition
    rule, if the Attorney General determines that - 
        "(A) there is an exigent need for the equipment, related items,
      or services in order to support an ongoing counterterrorism,
      national security, or computer-crime investigation or
      prosecution;
        "(B) the equipment, related items, or services required are not
      available within the Department of Justice; and
        "(C) adherence to that Federal acquisition rule would - 
          "(i) delay the timely acquisition of the equipment, related
        items, or services; and
          "(ii) adversely affect an ongoing counterterrorism, national
        security, or computer-crime investigation or prosecution.
      "(2) In this subsection, the term 'Federal acquisition rule'
    means any provision of title II or IX of the Federal Property and
    Administrative Services Act of 1949 [former 40 U.S.C. 481 et seq.,
    541 et seq., for distribution of sections of former Title 40 to
    Title 40, Public Buildings, Property, and Works, see Table
    preceding section 101 of Title 40], the Office of Federal
    Procurement Policy Act [41 U.S.C. 401 et seq.], the Small Business
    Act [15 U.S.C. 631 et seq.], the Federal Acquisition Regulation, or
    any other provision of law or regulation that establishes policies,
    procedures, requirements, conditions, or restrictions for
    procurements by the head of a department or agency or the Federal
    Government.
      "(b) The Attorney General shall immediately notify the Committees
    on Appropriations of the House of Representatives and the Senate in
    writing of each expenditure under subsection (a), which
    notification shall include sufficient information to explain the
    circumstances necessitating the exercise of the authority under
    that subsection."

       GRANT PROGRAMS; "TRIBE", "INDIAN TRIBE", OR "TRIBAL" DEFINED   
      Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 113], Oct.
    21, 1998, 112 Stat. 2681-50, 2681-67, as amended by Pub. L. 106-31,
    title III, Sec. 3028, May 21, 1999, 113 Stat. 102; Pub. L. 106-113,
    div. B, Sec. 1000(a)(1) [title I, Sec. 116], Nov. 29, 1999, 113
    Stat. 1535, 1501A-21, provided that: "Notwithstanding any other
    provision of law for fiscal year 2000 and hereafter, with respect
    to any grant program for which amounts are made available under
    this title, the terms 'tribe', 'Indian tribe' or 'tribal' mean of
    or relating to an Indian tribe as that term is defined in section
    4(e) of the Indian Self Determination and Education Assistance Act
    (Public Law 93-638, as amended; 25 U.S.C. 450b(e) (1998))."

                           COUNTERTERRORISM FUND                       
      Pub. L. 107-56, title I, Sec. 101, Oct. 26, 2001, 115 Stat. 276,
    provided that:
      "(a) Establishment; Availability. - There is hereby established
    in the Treasury of the United States a separate fund to be known as
    the 'Counterterrorism Fund', amounts in which shall remain
    available without fiscal year limitation - 
        "(1) to reimburse any Department of Justice component for any
      costs incurred in connection with - 
          "(A) reestablishing the operational capability of an office
        or facility that has been damaged or destroyed as the result of
        any domestic or international terrorism incident;
          "(B) providing support to counter, investigate, or prosecute
        domestic or international terrorism, including, without
        limitation, paying rewards in connection with these activities;
        and
          "(C) conducting terrorism threat assessments of Federal
        agencies and their facilities; and
        "(2) to reimburse any department or agency of the Federal
      Government for any costs incurred in connection with detaining in
      foreign countries individuals accused of acts of terrorism that
      violate the laws of the United States.
      "(b) No Effect on Prior Appropriations. - Subsection (a) shall
    not be construed to affect the amount or availability of any
    appropriation to the Counterterrorism Fund made before the date of
    the enactment of this Act [Oct. 26, 2001]."
      Pub. L. 104-19, title III, July 27, 1995, 109 Stat. 249, provided
    that: "There is hereby established the Counterterrorism Fund which
    shall remain available without fiscal year limitation. For
    necessary expenses, as determined by the Attorney General,
    $34,220,000, to remain available until expended, is appropriated to
    the Counterterrorism Fund to reimburse any Department of Justice
    organization for the costs incurred in reestablishing the
    operational capability of an office or facility which has been
    damaged or destroyed as the result of the bombing of the Alfred P.
    Murrah Federal Building in Oklahoma City or any domestic or
    international terrorism event: Provided, That funds from this
    appropriation also may be used to reimburse the appropriation
    account of any Department of Justice agency engaged in, or
    providing support to, countering, investigating or prosecuting
    domestic or international terrorism, including payment of rewards
    in connection with these activities, and to conduct a terrorism
    threat assessment of Federal agencies and their facilities:
    Provided further, That any amount obligated from appropriations
    under this heading may be used under the authorities available to
    the organization reimbursed from this appropriation: Provided
    further, That amounts in excess of the $10,555,000 made available
    for extraordinary expenses incurred in the Oklahoma City bombing
    for fiscal year 1995, shall be available only after the Attorney
    General notifies the Committees on Appropriations of the House of
    Representatives and the Senate in accordance with section 605 of
    Public Law 103-317 [108 Stat. 1773]: Provided further, That the
    entire amount is designated by Congress as an emergency requirement
    pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985 [2 U.S.C. 901(b)(2)(D)(i)],
    as amended: Provided further, That the amount not previously
    designated by the President as an emergency requirement shall be
    available only to the extent an official budget request, for a
    specific dollar amount that includes designation of the entire
    amount of the request as an emergency requirement, as defined in
    the Balanced Budget and Emergency Deficit Control Act of 1985 [see
    Short Title note set out under 2 U.S.C. 900], as amended, is
    transmitted to Congress."

    UNAUTHORIZED TRANSFERS FROM DEPARTMENT OF JUSTICE ACCOUNTS; CONTROL
    OF ALLOCATION OF FUNDS BY AUTHORITY OTHER THAN OFFICE OF MANAGEMENT
                    AND BUDGET OR DEPARTMENT OF JUSTICE
      Section 110 of H.R. 2076, One Hundred Fourth Congress, as passed
    by the House of Representatives on Dec. 6, 1995, and as enacted
    into law by Pub. L. 104-91, title I, Sec. 101(a), Jan. 6, 1996, 110
    Stat. 11, as amended by Pub. L. 104-99, title II, Sec. 211, Jan.
    26, 1996, 110 Stat. 37, provided that: "Hereafter, notwithstanding
    any other provision of law - 
        "(1) No transfers may be made from Department of Justice
      accounts other than those authorized in this Act [probably means
      H.R. 2076, One Hundred Fourth Congress, which was vetoed], or in
      previous or subsequent appropriations Acts for the Department of
      Justice, or in part II of title 28 of the United States Code, or
      in section 10601 of title 42 of the United States Code; and
        "(2) No appropriation account within the Department of Justice
      shall have its allocation of funds controlled by other than an
      apportionment issued by the Office of Management and Budget or an
      allotment advice issued by the Department of Justice."
      Similar provisions were contained in the following prior
    appropriation act:
      Pub. L. 103-317, title I, Sec. 113, Aug. 26, 1994, 108 Stat.
    1736.

        USE OF DEPOSITS TRANSFERRED FROM ASSETS FORFEITURE FUND TO
         BUILDINGS AND FACILITIES ACCOUNT OF FEDERAL PRISON SYSTEM
      Section 106 of Pub. L. 103-121 provided that: "For fiscal year
    1994 and thereafter, deposits transferred from the Assets
    Forfeiture Fund to the Buildings and Facilities account of the
    Federal Prison System may be used for the construction of
    correctional institutions, and the construction and renovation of
    Immigration and Naturalization Service and United States Marshals
    Service detention facilities, and for the authorized purposes of
    the Cooperative Agreement Program."
      [For abolition of Immigration and Naturalization Service,
    transfer of functions, and treatment of related references, see
    note set out under section 1551 of Title 8, Aliens and
    Nationality.]
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 102-395, title I, Sec. 107, Oct. 6, 1992, 106 Stat. 1841.
      Pub. L. 102-140, title I, Sec. 107, Oct. 28, 1991, 105 Stat. 794.
      Pub. L. 101-515, title II, Sec. 208, Nov. 5, 1990, 104 Stat.
    2119.
      Pub. L. 101-162, title II, as added Pub. L. 101-302, title II,
    May 25, 1990, 104 Stat. 216.

     NOTICE AND APPROVAL OF TRANSFER OF SUBSECTION (C)(1)(H) DEPOSITS 
      Section 101(a) [title II, Sec. 210(b)] of Pub. L. 100-202
    provided that: "Amounts proposed for transfer pursuant to
    subsection (a) [amending this section] shall be transferred only
    upon notification by the Attorney General to the Committees on
    Appropriations of the House of Representatives and the Senate and
    approval under said Committees' policies concerning the
    reprogramming of funds."

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be capitalized.

-End-

-CITE-
    28 USC Sec. 525                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 525. Procurement of law books, reference books, and
      periodicals; sale and exchange

-STATUTE-
      In the procurement of law books, reference books, and
    periodicals, the Attorney General may exchange or sell similar
    items and apply the exchange allowances or proceeds of such sales
    in whole or in part payment therefor.

-SOURCE-
    (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 615.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    5 U.S.C. 341e.      July 28, 1950, ch. 503, Sec. 3,  
                                         64 Stat. 380.                   
    --------------------------------------------------------------------

      The words "Attorney General" are substituted for "Department of
    Justice".

-End-

-CITE-
    28 USC Sec. 526                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 526. Authority of Attorney General to investigate United
      States attorneys, marshals, trustees, clerks of court, and others

-STATUTE-
      (a) The Attorney General may investigate the official acts,
    records, and accounts of - 
        (1) the United States attorneys, marshals, trustees, including
      trustees in cases under title 11; and
        (2) at the request and on behalf of the Director of the
      Administrative Office of the United States Courts, the clerks of
      the United States courts and of the district court of the Virgin
      Islands, probation officers, United States magistrate judges, and
      court reporters;

    for which purpose all the official papers, records, dockets, and
    accounts of these officers, without exception, may be examined by
    agents of the Attorney General at any time.
      (b) Appropriations for the examination of judicial officers are
    available for carrying out this section.

-SOURCE-
    (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 615;
    amended Pub. L. 95-598, title II, Secs. 219(a), (b), 220, Nov. 6,
    1978, 92 Stat. 2662; Pub. L. 99-554, title I, Sec. 144(c), Oct. 27,
    1986, 100 Stat. 3096; Pub. L. 101-650, title III, Sec. 321, Dec. 1,
    1990, 104 Stat. 5117; Pub. L. 107-273, div. B, title IV, Sec.
    4003(b)(2), Nov. 2, 2002, 116 Stat. 1811.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation         U.S. Code              Revised Statutes and      
                                                Statutes at Large        
    --------------------------------------------------------------------
                    5 U.S.C. 341b.      July 28, 1950, ch. 503, Sec. 4,  
                                         64 Stat. 380.                   
                                        July 7, 1958, Pub. L. 85-508,    
                                         Sec. 12(q), 72 Stat. 349.       
    --------------------------------------------------------------------

      In subsection (b), the words "now or hereafter" and "the
    provisions of" are omitted as unnecessary.

-COD-
                               CODIFICATION                           
      Pub. L. 95-598, title IV, Sec. 408(c), Nov. 6, 1978, 92 Stat.
    2687, as amended by Pub. L. 98-166, title II, Sec. 200, Nov. 28,
    1983, 97 Stat. 1081; Pub. L. 98-353, title III, Sec. 323, July 10,
    1984, 98 Stat. 358; Pub. L. 99-429, Sept. 30, 1986, 100 Stat. 985;
    Pub. L. 99-500, Sec. 101(b) [title II, Sec. 200], Oct. 18, 1986,
    100 Stat. 1783-39, 1783-45, and Pub. L. 99-591, Sec. 101(b) [title
    II, Sec. 200], Oct. 30, 1986, 100 Stat. 3341-39, 3341-45; Pub. L.
    99-554, title III, Sec. 307(a), Oct. 27, 1986, 100 Stat. 3125,
    provided for the deletion of any references to United States
    Trustees in this title at a prospective date, prior to repeal by
    Pub. L. 99-554, title III, Sec. 307(b), Oct. 27, 1986, 100 Stat.
    3125.

-MISC2-
                                AMENDMENTS                            
      2002 - Pub. L. 107-273, Sec. 4003(b)(2)(A), struck out "and"
    before "trustees" in section catchline.
      Subsec. (a)(1). Pub. L. 107-273, Sec. 4003(b)(2)(B), substituted
    "marshals," for "marshals,,".
      1986 - Pub. L. 99-554, Sec. 144(c)(1), substituted "trustees" for
    "trustee" in section catchline.
      Subsec. (a)(1). Pub. L. 99-554, Sec. 144(c)(2)(A), inserted
    reference to trustees in cases under title 11.
      Subsec. (a)(2). Pub. L. 99-554, Sec. 144(c)(2)(B), struck out
    references to courts of the Canal Zone and trustees in cases under
    title 11.
      1978 - Pub. L. 95-598, Sec. 219(b), substituted "marshals, and
    trustee" for "and marshals" in section catchline.
      Subsec. (a)(1). Pub. L. 95-518, Sec. 219(a), substituted
    "marshals, and trustees" for "and marshals".
      Subsec. (a)(2). Pub. L. 95-598, Sec. 220, substituted "officers,
    trustees in cases under title 11" for "officers, referees, trustees
    and receivers in bankruptcy" and "magistrates" for "commissioners".

-CHANGE-
                              CHANGE OF NAME                          
      "United States magistrate judges" substituted for "United States
    magistrates" in subsec. (a)(2) pursuant to section 321 of Pub. L.
    101-650, set out as a note under section 631 of this title.

-MISC3-
                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-554 effective 30 days after Oct. 27,
    1986, see section 302(a) of Pub. L. 99-554, set out as a note under
    section 581 of this title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section
    402(c) of Pub. L. 95-598, set out as an Effective Date note
    preceding section 101 of Title 11, Bankruptcy.

-End-

-CITE-
    28 USC Sec. 527                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 527. Establishment of working capital fund

-STATUTE-
      There is hereby authorized to be established a working capital
    fund for the Department of Justice, which shall be available,
    without fiscal year limitation, for expenses and equipment
    necessary for maintenance and operations of such administrative
    services as the Attorney General, with the approval of the Office
    of Management and Budget, determines may be performed more
    advantageously as central services. The capital of the fund shall
    consist of the amount of the fair and reasonable value of such
    inventories, equipment, and other assets and inventories on order
    pertaining to the services to be carried on by the fund as the
    Attorney General may transfer to the fund less related liabilities
    and unpaid obligations together with any appropriations made for
    the purpose of providing capital. The fund shall be reimbursed or
    credited with advance payments from applicable appropriations and
    funds of the Department of Justice, other Federal agencies, and
    other sources authorized by law for supplies, materials, and
    services at rates which will recover the expenses of operations
    including accrual of annual leave and depreciation of plant and
    equipment of the fund. The fund shall also be credited with other
    receipts from sale or exchange of property or in payment for loss
    or damage to property held by the fund. There shall be transferred
    into the Treasury as miscellaneous receipts, as of the close of
    each fiscal year, any net income after making provisions for prior
    year losses, if any.

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

-MISC1-
                        DEBT COLLECTION IMPROVEMENT                    
      Pub. L. 107-273, div. C, title I, Sec. 11013(a), Nov. 2, 2002,
    116 Stat. 1823, provided that: "Notwithstanding section 3302 of
    title 31, United States Code, or any other statute affecting the
    crediting of collections, the Attorney General may credit, as an
    offsetting collection, to the Department of Justice Working Capital
    Fund up to 3 percent of all amounts collected pursuant to civil
    debt collection litigation activities of the Department of Justice.
    Such amounts in the Working Capital Fund shall remain available
    until expended and shall be subject to the terms and conditions of
    that fund, and shall be used first, for paying the costs of
    processing and tracking civil and criminal debt-collection
    litigation, and, thereafter, for financial systems and for debt-
    collection-related personnel, administrative, and litigation
    expenses."

    CREDITING TO WORKING CAPITAL FUND OF AMOUNTS COLLECTED PURSUANT TO
                CIVIL DEBT COLLECTION LITIGATION ACTIVITIES
      Pub. L. 103-121, title I, Sec. 108, Oct. 27, 1993, 107 Stat.
    1164, as amended by Pub. L. 107-273, div. A, title II, Sec. 204(g),
    Nov. 2, 2002, 116 Stat. 1776, which authorized Attorney General to
    credit, as an offsetting collection, to Department of Justice
    Working Capital Fund, for fiscal year 1994 and thereafter, up to
    six percent of all amounts collected pursuant to civil debt
    collection litigation activities of Department of Justice, and
    provided that such amounts would remain available until expended,
    be subject to the terms and conditions of that fund, and be used,
    first, for paying costs of processing and tracking such litigation,
    and, thereafter, for financial systems, and other personnel,
    administrative, and litigation expenses of debt collection
    activities, was repealed by Pub. L. 107-273, div. C, title I, Sec.
    11013(b), Nov. 2, 2002, 116 Stat. 1823.

      CAPITAL EQUIPMENT ACQUISITION, ETC., BY INCOME RETAINED FROM OR
       TRANSFERRED TO WORKING CAPITAL FUND; AMOUNTS AND LIMITATIONS
      Pub. L. 102-140, title I, Oct. 28, 1991, 105 Stat. 784, provided
    that:
      "Of the total income of the Working Capital Fund in fiscal year
    1992 and each fiscal year thereafter, not to exceed 4 percent of
    the total income may be retained, to remain available until
    expended, for the acquisition of capital equipment and for the
    improvement and implementation of the Department's financial
    management and payroll/personnel systems: Provided, That in fiscal
    year 1992, not to exceed $4,000,000 of the total income retained
    shall be used for improvements to the Department's data processing
    operation: Provided further, That any proposed use of the retained
    income in fiscal year 1992 and thereafter, except for the
    $4,000,000 specified above, shall only be made after notification
    to the Committees on Appropriations of the House of Representatives
    and the Senate in accordance with section 606 of this Act [105
    Stat. 824].
      "In addition, for fiscal year 1992 and thereafter, at no later
    than the end of the fifth fiscal year after the fiscal year for
    which funds are appropriated or otherwise made available,
    unobligated balances of appropriations available to the Department
    of Justice during such fiscal year may be transferred into the
    capital account of the Working Capital Fund to be available for the
    departmentwide acquisition of capital equipment, development and
    implementation of law enforcement or litigation related automated
    data processing systems, and for the improvement and implementation
    of the Department's financial management and payroll/personnel
    systems: Provided, That any proposed use of these transferred funds
    in fiscal year 1992 and thereafter shall only be made after
    notification to the Committees on Appropriations of the House of
    Representatives and the Senate in accordance with section 606 of
    this Act."

-End-

-CITE-
    28 USC Sec. 528                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 528. Disqualification of officers and employees of the
      Department of Justice

-STATUTE-
      The Attorney General shall promulgate rules and regulations which
    require the disqualification of any officer or employee of the
    Department of Justice, including a United States attorney or a
    member of such attorney's staff, from participation in a particular
    investigation or prosecution if such participation may result in a
    personal, financial, or political conflict of interest, or the
    appearance thereof. Such rules and regulations may provide that a
    willful violation of any provision thereof shall result in removal
    from office.

-SOURCE-
    (Added Pub. L. 95-521, title VI, Sec. 603(a), Oct. 26, 1978, 92
    Stat. 1874.)

-MISC1-
                              EFFECTIVE DATE                          
      Section effective Oct. 26, 1978, see section 604 of Pub. L. 95-
    521, set out as a note under section 591 of this title.

-End-

-CITE-
    28 USC Sec. 529                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 529. Annual report of Attorney General

-STATUTE-
      (a) Beginning on June 1, 1979, and at the beginning of each
    regular session of Congress thereafter, the Attorney General shall
    report to Congress on the activities and operations of the Public
    Integrity Section or any other unit of the Department of Justice
    designated to supervise the investigation and prosecution of - 
        (1) any violation of Federal criminal law by any individual who
      holds or who at the time of such violation held a position,
      whether or not elective, as a Federal Government officer,
      employee, or special employee, if such violation relates directly
      or indirectly to such individual's Federal Government position,
      employment, or compensation;
        (2) any violation of any Federal criminal law relating to
      lobbying, conflict of interest, campaigns, and election to public
      office committed by any person, except insofar as such violation
      relates to a matter involving discrimination or intimidation on
      grounds of race, color, religion, or national origin;
        (3) any violation of Federal criminal law by any individual who
      holds or who at the time of such violation held a position,
      whether or not elective, as a State or local government officer
      or employee, if such violation relates directly or indirectly to
      such individual's State or local government position, employment,
      or compensation; and
        (4) such other matters as the Attorney General may deem
      appropriate.

    Such report shall include the number, type, and disposition of all
    investigations and prosecutions supervised by such Section or such
    unit, except that such report shall not disclose information which
    would interfere with any pending investigation or prosecution or
    which would improperly infringe upon the privacy rights of any
    individuals.
      (b) Notwithstanding any provision of law limiting the amount of
    management or administrative expenses, the Attorney General shall,
    not later than May 2, 2003, and of every year thereafter, prepare
    and provide to the Committees on the Judiciary and Appropriations
    of each House of the Congress using funds available for the
    underlying programs - 
        (1) a report identifying and describing every grant (other than
      one made to a governmental entity, pursuant to a statutory
      formula), cooperative agreement, or programmatic services
      contract that was made, entered into, awarded, or, for which
      additional or supplemental funds were provided in the immediately
      preceding fiscal year, by or on behalf of the Office of Justice
      Programs (including any component or unit thereof, and the Office
      of Community Oriented Policing Services), and including, without
      limitation, for each such grant, cooperative agreement, or
      contract: the term, the dollar amount or value, a description of
      its specific purpose or purposes, the names of all grantees or
      parties, the names of each unsuccessful applicant or bidder, and
      a description of the specific purpose or purposes proposed in
      each unsuccessful application or bid, and of the reason or
      reasons for rejection or denial of the same; and
        (2) a report identifying and reviewing every grant (other than
      one made to a governmental entity, pursuant to a statutory
      formula), cooperative agreement, or programmatic services
      contract made, entered into, awarded, or for which additional or
      supplemental funds were provided, after October 1, 2002, by or on
      behalf of the Office of Justice Programs (including any component
      or unit thereof, and the Office of Community Oriented Policing
      Services) that was programmatically and financially closed out or
      that otherwise ended in the immediately preceding fiscal year (or
      even if not yet closed out, was terminated or otherwise ended in
      the fiscal year that ended 2 years before the end of such
      immediately preceding fiscal year), and including, without
      limitation, for each such grant, cooperative agreement, or
      contract: a description of how the appropriated funds involved
      actually were spent, statistics relating to its performance, its
      specific purpose or purposes, and its effectiveness, and a
      written declaration by each non-Federal grantee and each non-
      Federal party to such agreement or to such contract, that - 
          (A) the appropriated funds were spent for such purpose or
        purposes, and only such purpose or purposes;
          (B) the terms of the grant, cooperative agreement, or
        contract were complied with; and
          (C) all documentation necessary for conducting a full and
        proper audit under generally accepted accounting principles,
        and any (additional) documentation that may have been required
        under the grant, cooperative agreement, or contract, have been
        kept in orderly fashion and will be preserved for not less than
        3 years from the date of such close out, termination, or end;

      except that the requirement of this paragraph shall be deemed
      satisfied with respect to any such description, statistics, or
      declaration if such non-Federal grantee or such non-Federal party
      shall have failed to provide the same to the Attorney General,
      and the Attorney General notes the fact of such failure and the
      name of such grantee or such party in the report.

-SOURCE-
    (Added Pub. L. 95-521, title VI, Sec. 603(a), Oct. 26, 1978, 92
    Stat. 1874; amended Pub. L. 107-273, div. A, title II, Sec. 205(a),
    div. B, title IV, Sec. 4003(b)(3), Nov. 2, 2002, 116 Stat. 1777,
    1811.)

-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-273, Sec. 205(a), designated existing
    provisions as subsec. (a) and added subsec. (b).
      Subsec. (b)(2). Pub. L. 107-273, Sec. 4003(b)(3), struck out
    "over $5,000,000" after "services contract" in introductory
    provisions.

                              EFFECTIVE DATE                          
      Section effective Oct. 26, 1978, see section 604 of Pub. L. 95-
    521, set out as a note under section 591 of this title.

-End-

-CITE-
    28 USC Sec. 530                                             01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 530. Payment of travel and transportation expenses of newly
      appointed special agents

-STATUTE-
      The Attorney General or the Attorney General's designee is
    authorized to pay the travel expenses of newly appointed special
    agents and the transportation expenses of their families and
    household goods and personal effects from place of residence at
    time of selection to the first duty station, to the extent such
    payments are authorized by section 5723 of title 5 for new
    appointees who may receive payments under that section.

-SOURCE-
    (Added Pub. L. 98-86, Sec. 1, Aug. 26, 1983, 97 Stat. 492.)

-End-

-CITE-
    28 USC Sec. 530A                                            01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 530A. Authorization of appropriations for travel and related
      expenses and for health care of personnel serving abroad

-STATUTE-
      There are authorized to be appropriated, for any fiscal year, for
    the Department of Justice, such sums as may be necessary - 
        (1) for travel and related expenses of employees of the
      Department of Justice serving abroad and their families, to be
      payable in the same manner as applicable with respect to the
      Foreign Service under paragraphs (3), (5), (6), (8), (9), (11),
      and (15) of section 901 of the Foreign Service Act of 1980, and
      under the regulations issued by the Secretary of State; and
        (2) for health care for such employees and families, to be
      provided under section 904 of that Act.

-SOURCE-
    (Added Pub. L. 100-690, title VI, Sec. 6281(a), Nov. 18, 1988, 102
    Stat. 4368.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 901 and 904 of the Foreign Service Act of 1980, referred
    to in pars. (1) and (2), are classified to sections 4081 and 4084,
    respectively, of Title 22, Foreign Relations and Intercourse.

-End-

-CITE-
    28 USC Sec. 530B                                            01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 530B. Ethical standards for attorneys for the Government

-STATUTE-
      (a) An attorney for the Government shall be subject to State laws
    and rules, and local Federal court rules, governing attorneys in
    each State where such attorney engages in that attorney's duties,
    to the same extent and in the same manner as other attorneys in
    that State.
      (b) The Attorney General shall make and amend rules of the
    Department of Justice to assure compliance with this section.
      (c) As used in this section, the term "attorney for the
    Government" includes any attorney described in section 77.2(a) of
    part 77 of title 28 of the Code of Federal Regulations and also
    includes any independent counsel, or employee of such a counsel,
    appointed under chapter 40.

-SOURCE-
    (Added Pub. L. 105-277, div. A, Sec. 101(b) [title VIII, Sec.
    801(a)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-118.)

-MISC1-
                              EFFECTIVE DATE                          
      Pub. L. 105-277, div. A, Sec. 101(b) [title VIII, Sec. 801(c)],
    Oct. 21, 1998, 112 Stat. 2681-50, 2681-119, provided that: "The
    amendments made by this section [enacting this section] shall take
    effect 180 days after the date of the enactment of this Act [Oct.
    21, 1998] and shall apply during that portion of fiscal year 1999
    that follows that taking effect, and in each succeeding fiscal
    year."

-End-

-CITE-
    28 USC Sec. 530C                                            01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 530C. Authority to use available funds

-STATUTE-
      (a) In General. - Except to the extent provided otherwise by law,
    the activities of the Department of Justice (including any bureau,
    office, board, division, commission, subdivision, unit, or other
    component thereof) may, in the reasonable discretion of the
    Attorney General, be carried out through any means, including - 
        (1) through the Department's own personnel, acting within,
      from, or through the Department itself;
        (2) by sending or receiving details of personnel to other
      branches or agencies of the Federal Government, on a
      reimbursable, partially-reimbursable, or nonreimbursable basis;
        (3) through reimbursable agreements with other Federal agencies
      for work, materials, or equipment;
        (4) through contracts, grants, or cooperative agreements with
      non-Federal parties; and
        (5) as provided in subsection (b), in section 524, and in any
      other provision of law consistent herewith, including, without
      limitation, section 102(b) of Public Law 102-395 (106 Stat.
      1838), as incorporated by section 815(d) of Public Law 104-132
      (110 Stat. 1315).

      (b) Permitted Uses. - 
        (1) General permitted uses. - Funds available to the Attorney
      General (i.e., all funds available to carry out the activities
      described in subsection (a)) may be used, without limitation, for
      the following:
          (A) The purchase, lease, maintenance, and operation of
        passenger motor vehicles, or police-type motor vehicles for law
        enforcement purposes, without regard to general purchase price
        limitation for the then-current fiscal year.
          (B) The purchase of insurance for motor vehicles, boats, and
        aircraft operated in official Government business in foreign
        countries.
          (C) Services of experts and consultants, including private
        counsel, as authorized by section 3109 of title 5, and at rates
        of pay for individuals not to exceed the maximum daily rate
        payable from time to time under section 5332 of title 5.
          (D) Official reception and representation expenses (i.e.,
        official expenses of a social nature intended in whole or in
        predominant part to promote goodwill toward the Department or
        its missions, but excluding expenses of public tours of
        facilities of the Department of Justice), in accordance with
        distributions and procedures established, and rules issued, by
        the Attorney General, and expenses of public tours of
        facilities of the Department of Justice.
          (E) Unforeseen emergencies of a confidential character, to be
        expended under the direction of the Attorney General and
        accounted for solely on the certificate of the Attorney
        General.
          (F) Miscellaneous and emergency expenses authorized or
        approved by the Attorney General, the Deputy Attorney General,
        the Associate Attorney General, or the Assistant Attorney
        General for Administration.
          (G) In accordance with procedures established and rules
        issued by the Attorney General - 
            (i) attendance at meetings and seminars;
            (ii) conferences and training; and
            (iii) advances of public moneys under section 3324 of title
          31: Provided, That travel advances of such moneys to law
          enforcement personnel engaged in undercover activity shall be
          considered to be public money for purposes of section 3527 of
          title 31.

          (H) Contracting with individuals for personal services
        abroad, except that such individuals shall not be regarded as
        employees of the United States for the purpose of any law
        administered by the Office of Personnel Management.
          (I) Payment of interpreters and translators who are not
        citizens of the United States, in accordance with procedures
        established and rules issued by the Attorney General.
          (J) Expenses or allowances for uniforms as authorized by
        section 5901 of title 5, but without regard to the general
        purchase price limitation for the then-current fiscal year.
          (K) Expenses of - 
            (i) primary and secondary schooling for dependents of
          personnel stationed outside the United States at cost not in
          excess of those authorized by the Department of Defense for
          the same area, when it is determined by the Attorney General
          that schools available in the locality are unable to provide
          adequately for the education of such dependents; and
            (ii) transportation of those dependents between their place
          of residence and schools serving the area which those
          dependents would normally attend when the Attorney General,
          under such regulations as he may prescribe, determines that
          such schools are not accessible by public means of
          transportation.

          (L) payment of rewards (i.e., payments pursuant to public
        advertisements for assistance to the Department of Justice), in
        accordance with procedures and regulations established or
        issued by the Attorney General: Provided, That - 
            (i) no such reward shall exceed $2,000,000, unless - 
              (I) the reward is to combat domestic terrorism or
            international terrorism (as defined in section 2331 of
            title 18); or
              (II) a statute should authorize a higher amount;

            (ii) no such reward of $250,000 or more may be made or
          offered without the personal approval of either the Attorney
          General or the President;
            (iii) the Attorney General shall give written notice to the
          Chairmen and ranking minority members of the Committees on
          Appropriations and the Judiciary of the Senate and of the
          House of Representatives not later than 30 days after the
          approval of a reward under clause (ii);
            (iv) any executive agency or military department (as
          defined, respectively, in sections 105 and 102 of title 5)
          may provide the Attorney General with funds for the payment
          of rewards; and
            (v) neither the failure of the Attorney General to
          authorize a payment nor the amount authorized shall be
          subject to judicial review.

        (2) Specific permitted uses. - 
          (A) Aircraft and boats. - Funds available to the Attorney
        General for United States Attorneys, for the Federal Bureau of
        Investigation, for the United States Marshals Service, for the
        Bureau of Alcohol, Tobacco, Firearms and Explosives, for the
        Drug Enforcement Administration, and for the Immigration and
        Naturalization Service may be used for the purchase, lease,
        maintenance, and operation of aircraft and boats, for law
        enforcement purposes.
          (B) Purchase of ammunition and firearms; firearms
        competitions. - Funds available to the Attorney General for
        United States Attorneys, for the Federal Bureau of
        Investigation, for the United States Marshals Service, for the
        Bureau of Alcohol, Tobacco, Firearms and Explosives, for the
        Drug Enforcement Administration, for the Federal Prison System,
        for the Office of the Inspector General, and for the
        Immigration and Naturalization Service may be used for - 
            (i) the purchase of ammunition and firearms; and
            (ii) participation in firearms competitions.

          (C) Construction. - Funds available to the Attorney General
        for construction may be used for expenses of planning,
        designing, acquiring, building, constructing, activating,
        renovating, converting, expanding, extending, remodeling,
        equipping, repairing, or maintaining buildings or facilities,
        including the expenses of acquisition of sites therefor, and
        all necessary expenses incident or related thereto; but the
        foregoing shall not be construed to mean that funds generally
        available for salaries and expenses are not also available for
        certain incidental or minor construction, activation,
        remodeling, maintenance, and other related construction costs.

        (3) Fees and expenses of witnesses. - Funds available to the
      Attorney General for fees and expenses of witnesses may be used
      for - 
          (A) expenses, mileage, compensation, protection, and per diem
        in lieu of subsistence, of witnesses (including advances of
        public money) and as authorized by section 1821 or other law,
        except that no witness may be paid more than 1 attendance fee
        for any 1 calendar day;
          (B) fees and expenses of neutrals in alternative dispute
        resolution proceedings, where the Department of Justice is a
        party; and
          (C) construction of protected witness safesites.

        (4) Federal bureau of investigation. - Funds available to the
      Attorney General for the Federal Bureau of Investigation for the
      detection, investigation, and prosecution of crimes against the
      United States may be used for the conduct of all its authorized
      activities.
        (5) Immigration and naturalization service. - Funds available
      to the Attorney General for the Immigration and Naturalization
      Service may be used for - 
          (A) acquisition of land as sites for enforcement fences, and
        construction incident to such fences;
          (B) cash advances to aliens for meals and lodging en route;
          (C) refunds of maintenance bills, immigration fines, and
        other items properly returnable, except deposits of aliens who
        become public charges and deposits to secure payment of fines
        and passage money; and
          (D) expenses and allowances incurred in tracking lost
        persons, as required by public exigencies, in aid of State or
        local law enforcement agencies.

        (6) Federal prison system. - Funds available to the Attorney
      General for the Federal Prison System may be used for - 
          (A) inmate medical services and inmate legal services, within
        the Federal prison system;
          (B) the purchase and exchange of farm products and livestock;
          (C) the acquisition of land as provided in section 4010 of
        title 18; and
          (D) the construction of buildings and facilities for penal
        and correctional institutions (including prison camps), by
        contract or force account, including the payment of United
        States prisoners for their work performed in any such
        construction;

      except that no funds may be used to distribute or make available
      to a prisoner any commercially published information or material
      that is sexually explicit or features nudity.
        (7) Detention trustee. - Funds available to the Attorney
      General for the Detention Trustee may be used for all the
      activities of such Trustee in the exercise of all power and
      functions authorized by law relating to the detention of Federal
      prisoners in non-Federal institutions or otherwise in the custody
      of the United States Marshals Service and to the detention of
      aliens in the custody of the Immigration and Naturalization
      Service, including the overseeing of construction of detention
      facilities or for housing related to such detention, the
      management of funds appropriated to the Department for the
      exercise of detention functions, and the direction of the United
      States Marshals Service and Immigration Service with respect to
      the exercise of detention policy setting and operations for the
      Department of Justice.

      (c) Related Provisions. - 
        (1) Limitation of compensation of individuals employed as
      attorneys. - No funds available to the Attorney General may be
      used to pay compensation for services provided by an individual
      employed as an attorney (other than an individual employed to
      provide services as a foreign attorney in special cases) unless
      such individual is duly licensed and authorized to practice as an
      attorney under the law of a State, a territory of the United
      States, or the District of Columbia.
        (2) Reimbursements paid to governmental entities. - Funds
      available to the Attorney General that are paid as reimbursement
      to a governmental unit of the Department of Justice, to another
      Federal entity, or to a unit of State or local government, may be
      used under authorities available to the unit or entity receiving
      such reimbursement.

      (d) Foreign Reimbursements. - Whenever the Department of Justice
    or any component participates in a cooperative project to improve
    law enforcement or national security operations or services with a
    friendly foreign country on a cost-sharing basis, any
    reimbursements or contributions received from that foreign country
    to meet its share of the project may be credited to appropriate
    current appropriations accounts of the Department of Justice or any
    component. The amount of a reimbursement or contribution credited
    shall be available only for payment of the share of the project
    expenses allocated to the participating foreign country.
      (e) Railroad Police Training Fees. - The Attorney General is
    authorized to establish and collect a fee to defray the costs of
    railroad police officers participating in a Federal Bureau of
    Investigation law enforcement training program authorized by Public
    Law 106-110, and to credit such fees to the appropriation account
    "Federal Bureau of Investigation, Salaries and Expenses", to be
    available until expended for salaries and expenses incurred in
    providing such services.
      (f) Warranty Work. - In instances where the Attorney General
    determines that law enforcement-, security-, or mission-related
    considerations mitigate against obtaining maintenance or repair
    services from private sector entities for equipment under warranty,
    the Attorney General is authorized to seek reimbursement from such
    entities for warranty work performed at Department of Justice
    facilities, and to credit any payment made for such work to any
    appropriation charged therefor.

-SOURCE-
    (Added Pub. L. 107-273, div. A, title II, Sec. 201(a), Nov. 2,
    2002, 116 Stat. 1767; amended Pub. L. 108-199, div. B, title I,
    Jan. 23, 2004, 118 Stat. 53.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 102(b) of Public Law 102-395, referred to in subsec.
    (a)(5), is section 102(b) of Pub. L. 102-395, title I, Oct. 6,
    1992, 106 Stat. 1838, as amended, which is set out as a note under
    section 533 of this title.
      Section 815(d) of Public Law 104-132, referred to in subsec.
    (a)(5), is section 815(d) of Pub. L. 104-132, title VIII, Apr. 24,
    1996, 110 Stat. 1315, which is set out as a note under section 533
    of this title.
      Public Law 106-110, referred to in subsec. (e), is Pub. L. 106-
    110, Nov. 24, 1999, 113 Stat. 1497, which amended section 3771 of
    Title 42, The Public Health and Welfare.

-TRANS-
    ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
                                 FUNCTIONS
      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of Title 8, Aliens and Nationality.

-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(2)(A), (B). Pub. L. 108-199 inserted "for the
    Bureau of Alcohol, Tobacco, Firearms and Explosives," after
    "Marshals Service,".

                    USE OF FEDERAL TRAINING FACILITIES                
       Pub. L. 109-162, title XI, Sec. 1173, Jan. 5, 2006, 119 Stat.
    3124, as amended by Pub. L. 109-271, Sec. 8(d), Aug. 12, 2006, 120
    Stat. 766, provided that:
      "(a) Federal Training Facilities. - Unless authorized in writing
    by the Attorney General, or the Assistant Attorney General for
    Administration, if so delegated by the Attorney General, the
    Department of Justice (and each entity within it) shall use for any
    predominantly internal training or conference meeting only a
    facility that does not require a payment to a private entity for
    use of the facility or for meals, lodging, or other expenses
    related to such internal training or conference meeting.
      "(b) Annual Report. - The Attorney General shall prepare an
    annual report to the Chairmen and ranking minority members of the
    Committees on the Judiciary of the Senate and of the House of
    Representatives that details each training and conference meeting
    authorized under subsection (a). The report shall include an
    explanation of why the facility was chosen, and a breakdown of any
    expenditures incurred in excess of the cost of conducting the
    training or meeting at a facility that did not require such
    authorization."

-End-

-CITE-
    28 USC Sec. 530D                                            01/03/2007

-EXPCITE-
    TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
    PART II - DEPARTMENT OF JUSTICE
    CHAPTER 31 - THE ATTORNEY GENERAL

-HEAD-
    Sec. 530D. Report on enforcement of laws

-STATUTE-
      (a) Report. - 
        (1) In general. - The Attorney General shall submit to the
      Congress a report of any instance in which the Attorney General
      or any officer of the Department of Justice - 
          (A) establishes or implements a formal or informal policy to
        refrain - 
            (i) from enforcing, applying, or administering any
          provision of any Federal statute, rule, regulation, program,
          policy, or other law whose enforcement, application, or
          administration is within the responsibility of the Attorney
          General or such officer on the grounds that such provision is
          unconstitutional; or
            (ii) within any judicial jurisdiction of or within the
          United States, from adhering to, enforcing, applying, or
          complying with, any standing rule of decision (binding upon
          courts of, or inferior to those of, that jurisdiction)
          established by a final decision of any court of, or superior
          to those of, that jurisdiction, respecting the
          interpretation, construction, or application of the
          Constitution, any statute, rule, regulation, program, policy,
          or other law whose enforcement, application, or
          administration is within the responsibility of the Attorney
          General or such officer;

          (B) determines - 
            (i) to contest affirmatively, in any judicial,
          administrative, or other proceeding, the constitutionality of
          any provision of any Federal statute, rule, regulation,
          program, policy, or other law; or
            (ii) to refrain (on the grounds that the provision is
          unconstitutional) from defending or asserting, in any
          judicial, administrative, or other proceeding, the
          constitutionality of any provision of any Federal statute,
          rule, regulation, program, policy, or other law, or not to
          appeal or request review of any judicial, administrative, or
          other determination adversely affecting the constitutionality
          of any such provision; or

          (C) approves (other than in circumstances in which a report
        is submitted to the Joint Committee on Taxation, pursuant to
        section 6405 of the Internal Revenue Code of 1986) the
        settlement or compromise (other than in bankruptcy) of any
        claim, suit, or other action - 
            (i) against the United States (including any agency or
          instrumentality thereof) for a sum that exceeds, or is likely
          to exceed, $2,000,000, excluding prejudgment interest; or
            (ii) by the United States (including any agency or
          instrumentality thereof) pursuant to an agreement, consent
          decree, or order (or pursuant to any modification of an
          agreement, consent decree, or order) that provides injunctive
          or other nonmonetary relief that exceeds, or is likely to
          exceed, 3 years in duration: Provided, That for purposes of
          this clause, the term "injunctive or other nonmonetary
          relief" shall not be understood to include the following,
          where the same are a matter of public record - 
              (I) debarments, suspensions, or other exclusions from
            Government contracts or grants;
              (II) mere reporting requirements or agreements (including
            sanctions for failure to report);
              (III) requirements or agreements merely to comply with
            statutes or regulations;
              (IV) requirements or agreements to surrender professional
            licenses or to cease the practice of professions,
            occupations, or industries;
              (V) any criminal sentence or any requirements or
            agreements to perform community service, to serve
            probation, or to participate in supervised release from
            detention, confinement, or prison; or
              (VI) agreements to cooperate with the government in
            investigations or prosecutions (whether or not the
            agreement is a matter of public record).

        (2) Submission of report to the congress. - For the purposes of
      paragraph (1), a report shall be considered to be submitted to
      the Congress if the report is submitted to - 
          (A) the majority leader and minority leader of the Senate;
          (B) the Speaker, majority leader, and minority leader of the
        House of Representatives;
          (C) the chairman and ranking minority member of the Committee
        on the Judiciary of the House of Representatives and the
        chairman and ranking minority member of the Committee on the
        Judiciary of the Senate; and
          (D) the Senate Legal Counsel and the General Counsel of the
        House of Representatives.

      (b) Deadline. - A report shall be submitted - 
        (1) under subsection (a)(1)(A), not later than 30 days after
      the establishment or implementation of each policy;
        (2) under subsection (a)(1)(B), within such time as will
      reasonably enable the House of Representatives and the Senate to
      take action, separately or jointly, to intervene in timely
      fashion in the proceeding, but in no event later than 30 days
      after the making of each determination; and
        (3) under subsection (a)(1)(C), not later than 30 days after
      the conclusion of each fiscal-year quarter, with respect to all
      approvals occurring in such quarter.

      (c) Contents. - A report required by subsection (a) shall - 
        (1) specify the date of the establishment or implementation of
      the policy described in subsection (a)(1)(A), of the making of
      the determination described in subsection (a)(1)(B), or of each
      approval described in subsection (a)(1)(C);
        (2) include a complete and detailed statement of the relevant
      issues and background (including a complete and detailed
      statement of the reasons for the policy or determination, and the
      identity of the officer responsible for establishing or
      implementing such policy, making such determination, or approving
      such settlement or compromise), except that - 
          (A) such details may be omitted as may be absolutely
        necessary to prevent improper disclosure of national-security-
        or classified information, of any information subject to the
        deliberative-process-, executive-, attorney-work-product-, or
        attorney-client privileges, or of any information the
        disclosure of which is prohibited by section 6103 of the
        Internal Revenue Code of 1986, or other law or any court order
        if the fact of each such omission (and the precise ground or
        grounds therefor) is clearly noted in the statement: Provided,
        That this subparagraph shall not be construed to deny to the
        Congress (including any House, Committee, or agency thereof)
        any such omitted details (or related information) that it
        lawfully may seek, subsequent to the submission of the report;
        and
          (B) the requirements of this paragraph shall be deemed
        satisfied - 
            (i) in the case of an approval described in subsection
          (a)(1)(C)(i), if an unredacted copy of the entire settlement
          agreement and consent decree or order (if any) is provided,
          along with a statement indicating the legal and factual basis
          or bases for the settlement or compromise (if not apparent on
          the face of documents provided); and
            (ii) in the case of an approval described in subsection
          (a)(1)(C)(ii), if an unredacted copy of the entire settlement
          agreement and consent decree or order (if any) is provided,
          along with a statement indicating the injunctive or other
          nonmonetary relief (if not apparent on the face of documents
          provided); and

        (3) in the case of a determination described in subsection
      (a)(1)(B) or an approval described in subsection (a)(1)(C),
      indicate the nature, tribunal, identifying information, and
      status of the proceeding, suit, or action.

      (d) Declaration. - In the case of a determination described in
    subsection (a)(1)(B), the representative of the United States
    participating in the proceeding shall make a clear declaration in
    the proceeding that any position expressed as to the
    constitutionality of the provision involved is the position of the
    executive branch of the Federal Government (or, as applicable, of
    the President or of any executive agency or military department).
      (e) Applicability to the President and to Executive Agencies and
    Military Departments. - The reporting, declaration, and other
    provisions of this section relating to the Attorney General and
    other officers of the Department of Justice shall apply to the
    President (but only with respect to the promulgation of any
    unclassified Executive order or similar memorandum or order), to
    the head of each executive agency or military department (as
    defined, respectively, in sections 105 and 102 of title 5, United
    States Code) that establishes or implements a policy described in
    subsection (a)(1)(A) or is authorized to conduct litigation, and to
    the officers of such executive agency.

-SOURCE-
    (Added Pub. L. 107-273, div. A, title II, Sec. 202(a), Nov. 2,
    2002, 116 Stat. 1771.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 6405 of the Internal Revenue Code of 1986, referred to in
    subsec. (a)(1)(C), is classified to section 6405 of Title 26,
    Internal Revenue Code.
      Section 6103 of the Internal Revenue Code of 1986, referred to in
    subsec. (c)(2)(A), is classified to section 6103 of Title 26,
    Internal Revenue Code.

-MISC1-
     REPORT ON POLICIES AND DETERMINATIONS MADE PRIOR TO ENACTMENT OF
                                  SECTION
      Pub. L. 107-273, div. A, title II, Sec. 202(b)(3), (4), Nov. 2,
    2002, 116 Stat. 1774, provided that:
      "(3) Not later than 30 days after the date of the enactment of
    this Act [Nov. 2, 2002], the President shall advise the head of
    each executive agency or military department (as defined,
    respectively, in sections 105 and 102 of title 5, United States
    Code) of the enactment of this section [enacting this section and
    amending sections 130f and 288k of Title 2, The Congress].
      "(4)(A) Not later than 90 days after the date of the enactment of
    this Act [Nov. 2, 2002], the Attorney General (and, as applicable,
    the President, and the head of any executive agency or military
    department described in subsection (e) of section 530D of title 28,
    United States Code, as added by subsection (a)) shall submit to
    Congress a report (in accordance with subsections (a), (c), and (e)
    of such section) on - 
        "(i) all policies of which the Attorney General and applicable
      official are aware described in subsection (a)(1)(A) of such
      section that were established or implemented before the date of
      the enactment of this Act and were in effect on such date; and
        "(ii) all determinations of which the Attorney General and
      applicable official are aware described in subsection (a)(1)(B)
      of such section that were made before the date of the enactment
      of this Act and were in effect on such date.
      "(B) If a determination described in subparagraph (A)(ii) relates
    to any judicial, administrative, or other proceeding that is
    pending in the 90-day period beginning on the date of the enactment
    of this Act [Nov. 2, 2002], with respect to any such determination,
    then the report required by this paragraph shall be submitted
    within such time as will reasonably enable the House of
    Representatives and the Senate to take action, separately or
    jointly, to intervene in timely fashion in the proceeding, but not
    later than 30 days after the date of the enactment of this Act."

-End-