Online Attorney

als of State and local governments who encounter, or may encounter in the course of a terrorist event, foreign intelligence in the performance of their duties. "(c) Authorization of Appropriations. - There is hereby authorized to be appropriated for the Department of Justice such sums as may be necessary for purposes of carrying out the program required by subsection (a)." FIRST RESPONDERS ASSISTANCE ACT Pub. L. 107-56, title X, Sec. 1005, Oct. 26, 2001, 115 Stat. 393, provided that: "(a) Grant Authorization. - The Attorney General shall make grants described in subsections (b) and (c) to States and units of local government to improve the ability of State and local law enforcement, fire department and first responders to respond to and prevent acts of terrorism. "(b) Terrorism Prevention Grants. - Terrorism prevention grants under this subsection may be used for programs, projects, and other activities to - "(1) hire additional law enforcement personnel dedicated to intelligence gathering and analysis functions, including the formation of full-time intelligence and analysis units; "(2) purchase technology and equipment for intelligence gathering and analysis functions, including wire-tap, pen links, cameras, and computer hardware and software; "(3) purchase equipment for responding to a critical incident, including protective equipment for patrol officers such as quick masks; "(4) purchase equipment for managing a critical incident, such as communications equipment for improved interoperability among surrounding jurisdictions and mobile command posts for overall scene management; and "(5) fund technical assistance programs that emphasize coordination among neighboring law enforcement agencies for sharing resources, and resources coordination among law enforcement agencies for combining intelligence gathering and analysis functions, and the development of policy, procedures, memorandums of understanding, and other best practices. "(c) Antiterrorism Training Grants. - Antiterrorism training grants under this subsection may be used for programs, projects, and other activities to address - "(1) intelligence gathering and analysis techniques; "(2) community engagement and outreach; "(3) critical incident management for all forms of terrorist attack; "(4) threat assessment capabilities; "(5) conducting followup investigations; and "(6) stabilizing a community after a terrorist incident. "(d) Application. - "(1) In general. - Each eligible entity that desires to receive a grant under this section shall submit an application to the Attorney General, at such time, in such manner, and accompanied by such additional information as the Attorney General may reasonably require. "(2) Contents. - Each application submitted pursuant to paragraph (1) shall - "(A) describe the activities for which assistance under this section is sought; and "(B) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section. "(e) Minimum Amount. - If all applications submitted by a State or units of local government within that State have not been funded under this section in any fiscal year, that State, if it qualifies, and the units of local government within that State, shall receive in that fiscal year not less than 0.5 percent of the total amount appropriated in that fiscal year for grants under this section. "(f) Authorization of Appropriations. - There are authorized to be appropriated $25,000,000 for each of the fiscal years 2003 through 2007." REIMBURSEMENT OF EMPLOYEES TRAVELING ON BEHALF OF UNITED STATES IN TEMPORARY DUTY STATUS Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Sec. 115], Sept. 30, 1996, 110 Stat. 3009, 3009-22, provided that: "Effective with the enactment of this Act [Sept. 30, 1996] and in any fiscal year hereafter, under policies established by the Attorney General, the Department of Justice may reimburse employees who are paid by an appropriation account within the Department of Justice and are traveling on behalf of the United States in temporary duty status to investigate, prosecute, or litigate (including the provision of support therefor) a criminal or civil matter, or for other similar special circumstances, for Federal, State, and local taxes heretofore and hereafter resulting from any reimbursement of travel expenses from an appropriation account within the Department of Justice: Provided, That such reimbursement may include an amount equal to all income taxes for which the employee would be liable due to such reimbursement." OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES Pub. L. 104-132, title VIII, Sec. 801, Apr. 24, 1996, 110 Stat. 1304, provided that: "The Attorney General and the Secretary of the Treasury are authorized to support law enforcement training activities in foreign countries, in consultation with the Secretary of State, for the purpose of improving the effectiveness of the United States in investigating and prosecuting transnational offenses." REIMBURSEMENT BY OTHER GOVERNMENT AGENCIES OF DEPARTMENT OF JUSTICE SALARIES AND EXPENSES IN HIGH-COST LITIGATION Pub. L. 103-317, title I, Sec. 109, Aug. 26, 1994, 108 Stat. 1735, provided that: "Notwithstanding 31 U.S.C. 3302 or any other law, in litigation involving unusually high costs, the Department of Justice may receive and retain reimbursement for salaries and expenses, for fiscal year 1995 and thereafter, from any other governmental component being represented in the litigation." NEIGHBORHOOD REVITALIZATION Pub. L. 102-395, title I, Oct. 6, 1992, 106 Stat. 1830, provided in part: "That for fiscal year 1993 and thereafter the Attorney General shall (1) promote neighborhood revitalization by developing a plan for the use of Federal funds appropriated for selected activities in the Departments of Labor, Education, Health and Human Services, Transportation, Agriculture, and Housing and Urban Development; (2) the Attorney General shall solicit from State and local governments plans to revitalize neighborhoods using programs administered by such agencies; and (3) the Attorney General shall review and approve such plans in consultation with the Federal agency to which funds are appropriated". PROCUREMENT OF EXPERT WITNESSES WITHOUT REGARD TO COMPETITIVE PROCUREMENT PROCEDURES Pub. L. 102-140, title VI, Sec. 611(a), Oct. 28, 1991, 105 Stat. 832, provided that, notwithstanding any other provision of law: "For fiscal year 1992 and thereafter, the Department of Justice may procure the services of expert witnesses for use in preparing or prosecuting a civil or criminal action, without regard to competitive procurement procedures, including the Commerce Business Daily publication requirements: Provided, That no witness shall be paid more than one attendance fee for any calendar day." STRUCTURAL REFORMS TO IMPROVE FEDERAL RESPONSE TO CRIMES AFFECTING FINANCIAL INSTITUTIONS Pub. L. 101-647, title XXV, Secs. 2536-2539, Nov. 29, 1990, 104 Stat. 4883, 4884, provided that: "SEC. 2536. ESTABLISHMENT OF FINANCIAL INSTITUTIONS CRIME UNIT AND OFFICE OF SPECIAL COUNSEL FOR FINANCIAL INSTITUTIONS CRIME UNIT. "(a) Establishment. - There is established within the Office of the Deputy Attorney General in the Department of Justice a Financial Institutions Fraud Unit to be headed by a special counsel (hereafter in this title [probably means this subtitle which is subtitle D (Secs. 2536-2540) of title XXV of Pub. L. 101-647, which amended section 1441a of Title 12, Banks and Banking, and enacted this note] referred to as the 'Special Counsel'). "(b) Responsibility. - The Financial Institutions Fraud Unit and the Special Counsel shall be responsible to and shall report directly to the Deputy Attorney General. "(c) Sunset. - The provisions of this section shall cease to apply at the end of the 5-year period beginning on the date of the enactment of this Act [Nov. 29, 1990]. "SEC. 2537. APPOINTMENT RESPONSIBILITIES AND COMPENSATION OF THE SPECIAL COUNSEL. "(a) Appointment. - The Special Counsel shall be appointed by the President, by and with the advice and consent of the Senate. "(b) Responsibilities. - The Special Counsel shall - "(1) supervise and coordinate investigations and prosecutions within the Department of Justice of fraud and other criminal activity in and against the financial services industry, including, to the extent consistent with the independent counsel provision of chapter 40 of title 28, United States Code, any such activity by any current or former elected official or high-level executive branch official or any member of the immediate family of any such official; "(2) ensure that Federal law relating to civil enforcement, asset seizure and forfeiture, money laundering, and racketeering are used to the fullest extent authorized to recover the proceeds of unlawful activities from persons who have committed crimes in and against the financial services industry; and "(3) ensure that adequate resources are made available for the investigation and prosecution of fraud and other criminal activity in and against the financial services industry. "(c) Compensation. - The Special Counsel shall be paid at the basic pay payable for level V of the Executive Schedule. "SEC. 2538. ASSIGNMENT OF PERSONNEL. "There shall be assigned to the Financial Institutions Fraud Unit such personnel as the Attorney General deems necessary to provide an appropriate level of enforcement activity in the area of fraud and other criminal activity in and against the financial services industry. "SEC. 2539. FINANCIAL INSTITUTIONS FRAUD TASK FORCES. "(a) Establishment. - The Attorney General shall establish such financial institutions fraud task forces as the Attorney General deems appropriate to ensure that adequate resources are made available to investigate and prosecute crimes in or against financial institutions and to recover the proceeds of unlawful activities from persons who have committed fraud or have engaged in other criminal activity in or against the financial services industry. "(b) Supervision. - The Attorney General shall determine how each task force shall be supervised and may provide for the supervision of any task force by the Special Counsel. "(c) Senior Interagency Group. - "(1) Establishment. - The Attorney General shall establish a senior interagency group to assist in identifying the most significant financial institution fraud cases and in allocating investigative and prosecutorial resources where they are most needed. "(2) Membership. - The senior interagency group shall be chaired by the Special Counsel and shall include senior officials from - "(A) the Department of Justice, including representatives of the Federal Bureau of Investigation, the Advisory Committee of United States Attorneys, and other relevant entities; "(B) the Department of the Treasury; "(C) the Office of Thrift Supervision; "(D) the Resolution Trust Corporation; "(E) the Federal Deposit Insurance Corporation; "(F) the Office of the Comptroller of the Currency; "(G) the Board of Governors of the Federal Reserve System; and "(H) the National Credit Union Administration. "(3) Duties. - This senior interagency group shall enhance interagency coordination and assist in accelerating the investigations and prosecution of financial institutions fraud." AUTHORIZATION OF APPROPRIATIONS FOR HUMANITARIAN EXPENSES INCURRED BY FEDERAL BUREAU OF INVESTIGATION AND DRUG ENFORCEMENT ADMINISTRATION Pub. L. 101-647, title XXXII, Sec. 3201, Nov. 29, 1990, 104 Stat. 4916, as amended by Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 109(a)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-67, provided that: "Appropriations in this or any other Act hereafter for the Federal Bureau of Investigation, the Drug Enforcement Administration, or the Immigration and Naturalization Service are available, in an amount of not to exceed $25,000 each per fiscal year, to pay humanitarian expenses incurred by or for any employee thereof (or any member of the employee's immediate family) that results from or is incident to serious illness, serious injury, or death occurring to the employee while on official duty or business." [For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.] INVESTIGATION OF FINANCIAL INSTITUTIONS; ASSISTANCE OF GOVERNMENT PERSONNEL Pub. L. 101-509, title V, Sec. 528, Nov. 5, 1990, 104 Stat. 1427, as amended by Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103-322, title XXXII, Sec. 320923, Sept. 13, 1994, 108 Stat. 2131, provided that: "(a) Notwithstanding any other law and in any fiscal year - "(1) The Attorney General shall accept, and Federal departments and agencies, including the United States Secret Service, the Internal Revenue Service, the Resolution Trust Corporation, and the appropriate Federal banking agency, may provide, without reimbursement, the services of attorneys, law enforcement personnel, and other employees of any other departments or agencies of the Federal Government to assist the Department of Justice, subject to the supervision of the Attorney General, in the investigation and prosecution of fraud or other criminal or unlawful activity in or against any federally insured financial institution or the Resolution Trust Corporation; "(2) any attorney of a department or agency whose services are accepted pursuant to paragraph (1) may, subject to the supervision of the Attorney General, conduct any kind of legal proceeding, civil or criminal, including grand jury proceedings and proceedings before committing magistrate judges, and perform any other investigative or prosecutorial function, which United States attorneys are authorized by law to conduct or perform whether or not the attorney is a resident of the district in which the proceeding is brought; and "(3) law enforcement personnel of the United States Secret Service are authorized, subject to the supervision of the Attorney General, to conduct or perform any kind of investigation, civil or criminal, related to fraud or other criminal or unlawful activity in or against any federally insured financial institution or the Resolution Trust Corporation, which the Department of Justice law enforcement personnel are authorized by law to conduct or perform: Provided, That the Secret Service shall not initiate investigations pursuant to this section independent of the supervision of the Attorney General. "(b) This section - "(1) shall not, except as expressly provided herein, alter the authority of any Federal law enforcement agency; and "(2) shall expire on December 31, 2004. "(c) This section applies notwithstanding any other provision of law enacted by the 101st Congress after October 15, 1990, that by its terms would grant authority to, or otherwise affect the authority of, the Secret Service or other departments or agencies of the Federal Government to conduct or to assist the Department of Justice in conducting investigations or prosecutions of fraud or other criminal or unlawful activity in or against any federally insured financial institution or the Resolution Trust Corporation, and any other such provision shall not be effective in granting or otherwise affecting any such authority." [For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] PROCESSING OF NAME CHECKS AND BACKGROUND RECORDS FOR NONCRIMINAL EMPLOYMENT, LICENSING, AND HUMANITARIAN PURPOSES Pub. L. 101-162, title II, Nov. 21, 1989, 103 Stat. 995, provided in part: "That for fiscal year 1990 and hereafter the Chief, United States National Central Bureau, INTERPOL, may establish and collect fees to process name checks and background records for noncriminal employment, licensing, and humanitarian purposes and, notwithstanding the provisions of 31 U.S.C. 3302, credit such fees to this appropriation to be used for salaries and other expenses incurred in providing these services". EXPENSES OF LEGAL DEFENSE FOR FEDERAL GOVERNMENT EMPLOYEES PERFORMING OFFICIAL DUTIES; FEES AND EXPENSES OF WITNESSES Pub. L. 101-162, title II, Nov. 21, 1989, 103 Stat. 997, provided: "That for fiscal year 1990 and hereafter the Attorney General may enter into reimbursable agreements with other Federal Government agencies or components within the Department of Justice to pay expenses of private counsel to defend Federal Government employees sued for actions while performing their official duties: Provided further, That for fiscal year 1990 and hereafter the Attorney General, upon notification to the Committees on Appropriations of the House of Representatives and the Senate in compliance with provisions set forth in section 606 of this Act [Pub. L. 101-162, title VI, Nov. 21, 1989, 103 Stat. 1031], may authorize litigating components to reimburse this account for expert witness expenses when it appears current allocations will be exhausted for cases scheduled for trial in the current fiscal year." UNIFORMS AND ALLOWANCES Pub. L. 101-162, title II, Sec. 203, Nov. 21, 1989, 103 Stat. 1002, provided that: "For fiscal year 1990 and hereafter, appropriations for 'Salaries and expenses, General Administration', 'Salaries and expenses, United States Marshals Service', 'Salaries and expenses, Federal Bureau of Investigation', 'Salaries and expenses, Drug Enforcement Administration', 'Salaries and expenses, Immigration and Naturalization Service', and 'Salaries and expenses, Federal Prison System', shall be available for uniforms and allowances therefor as authorized by law (5 U.S.C. 5901-5902)." [For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.] JUSTICE DEPARTMENT ORGANIZED CRIME AND DRUG ENFORCEMENT ENHANCEMENT Pub. L. 100-690, title I, subtitle B, Nov. 18, 1988, 102 Stat. 4189, provided that: "SEC. 1051. SHORT TITLE. "This subtitle may be cited as the 'Justice Department Organized Crime and Drug Enforcement Enhancement Act of 1988'. "SEC. 1052. FINDINGS. "The Congress finds that - "(1) organized criminal activity contributes significantly to the importation, distribution, and sale of illegal and dangerous drugs; "(2) trends in drug trafficking patterns necessitate a response that gives appropriate weight to - "(A) the prosecution of drug-related crimes; and "(B) the forfeiture and seizure of assets and other civil remedies used to strike at the inherent strength of the drug networks and organized crime groups; "(3) law enforcement components of the Department of Justice should give high priority to the enforcement of civil sanctions against drug networks and organized crime groups; and "(4) the structure of the Department of Justice Criminal Division needs to be reviewed in order to determine the most effective structure to address such drug-related problems. "SEC. 1053. CIVIL ENFORCEMENT REPORT. "(a) Report. - Not later than 1 year after the date of the enactment of this title [Nov. 18, 1988], the Director of National Drug Control Policy (the Director) in consultation with the Attorney General, shall report to the Congress on the necessity to establish a new division or make other organizational changes within the Department of Justice in order to promote better civil and criminal law enforcement. In preparing such report, the Director shall consider restructuring and consolidating one or more of the following divisions and programs - "(1) the Organized Crime and Racketeering Section of the Criminal Division and all subordinate strike forces therein; "(2) the Narcotic and Dangerous Drug Section of the Criminal Division; "(3) the Asset Forfeiture Office of the Criminal Division; and "(4) the Organized Crime Drug Enforcement Task Force Program;[.] "(b) Legislative Recommendations. - The report submitted under subsection (a) shall include appropriate legislative recommendations for the Congress. "SEC. 1054. CIVIL ENFORCEMENT ENHANCEMENT. "(a) Duty of Attorney General. - The Attorney General shall insure that each component of the Department of Justice having criminal law enforcement responsibilities with respect to the prosecution of organized crime and controlled substances violations, including each United States Attorney's Office, attaches a high priority to the enforcement of civil statutes creating ancillary sanctions and remedies for such violations, such as civil penalties and actions, forfeitures, injunctions and restraining orders, and collection of fines. "(b) Duty of Associate Attorney General. - The Associate Attorney General shall be responsible for implementing the policy set forth in this subsection. "(c) Authorization of Appropriations. - (1) There are authorized to be appropriated $3,000,000 for salaries and expenses to the Department of Justice General Legal Activities Account and $3,000,000 for salaries and expenses for United States Attorneys for fiscal year 1989. "(2) Any appropriation of funds authorized under paragraph (1) shall be - "(A) in addition to any appropriations requested by the President in the 1989 fiscal year budget submitted by the President to the Congress on February 18, 1988, or provided in regular appropriations Acts or continuing resolutions for the fiscal year ending September 30, 1989; and "(B) used to increase the number of field attorneys and related support staff over such personnel levels employed at the Department of Justice on September 30, 1988. "(3) Any increase in full-time equivalent positions described under paragraph (2)(B) shall be exclusively used for asset forfeiture and civil enforcement and be assigned to appropriate field offices of the Organized Crime and Racketeering Section and the Organized Crime Drug Enforcement Task Forces. "(d) Reporting Requirement. - The Attorney General, at the end of each such fiscal year, shall file a report with the Congress setting forth the extent of such enforcement efforts, as well as the need for any enhancements in resources necessary to carry out this policy. "SEC. 1055. EXPENSES OF TASK FORCES. "(a) Appropriations and Reimbursements Procedure. - Beginning in fiscal year 1990, the Attorney General in his budget shall submit a separate appropriations request for expenses relating to all Federal agencies participating in the Organized Crime Drug Enforcement Task Forces. Such appropriations shall be made to the Department of Justice's Interagency Law Enforcement Appropriation Account for the Attorney General to make reimbursements to the involved agencies as necessary. "(b) Enhancement of Field Activities. - The appropriations and reimbursements procedure described under subsection (a) shall - "(1) provide for the flexibility of the Task Forces which is vital to success; "(2) permit Federal law enforcement resources to be shifted in response to changing patterns of organized criminal drug activities; "(3) permit the Attorney General to reallocate resources among the organizational components of the Task Forces and between regio

Online Attorney