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Online Attorney
ign countries individuals accused of acts of terrorism that
violate the laws of the United States.
"(b) No Effect on Prior Appropriations. - Subsection (a) shall
not be construed to affect the amount or availability of any
appropriation to the Counterterrorism Fund made before the date of
the enactment of this Act [Oct. 26, 2001]."
Pub. L. 104-19, title III, July 27, 1995, 109 Stat. 249, provided
that: "There is hereby established the Counterterrorism Fund which
shall remain available without fiscal year limitation. For
necessary expenses, as determined by the Attorney General,
$34,220,000, to remain available until expended, is appropriated to
the Counterterrorism Fund to reimburse any Department of Justice
organization for the costs incurred in reestablishing the
operational capability of an office or facility which has been
damaged or destroyed as the result of the bombing of the Alfred P.
Murrah Federal Building in Oklahoma City or any domestic or
international terrorism event: Provided, That funds from this
appropriation also may be used to reimburse the appropriation
account of any Department of Justice agency engaged in, or
providing support to, countering, investigating or prosecuting
domestic or international terrorism, including payment of rewards
in connection with these activities, and to conduct a terrorism
threat assessment of Federal agencies and their facilities:
Provided further, That any amount obligated from appropriations
under this heading may be used under the authorities available to
the organization reimbursed from this appropriation: Provided
further, That amounts in excess of the $10,555,000 made available
for extraordinary expenses incurred in the Oklahoma City bombing
for fiscal year 1995, shall be available only after the Attorney
General notifies the Committees on Appropriations of the House of
Representatives and the Senate in accordance with section 605 of
Public Law 103-317 [108 Stat. 1773]: Provided further, That the
entire amount is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985 [2 U.S.C. 901(b)(2)(D)(i)],
as amended: Provided further, That the amount not previously
designated by the President as an emergency requirement shall be
available only to the extent an official budget request, for a
specific dollar amount that includes designation of the entire
amount of the request as an emergency requirement, as defined in
the Balanced Budget and Emergency Deficit Control Act of 1985 [see
Short Title note set out under 2 U.S.C. 900], as amended, is
transmitted to Congress."
UNAUTHORIZED TRANSFERS FROM DEPARTMENT OF JUSTICE ACCOUNTS; CONTROL
OF ALLOCATION OF FUNDS BY AUTHORITY OTHER THAN OFFICE OF MANAGEMENT
AND BUDGET OR DEPARTMENT OF JUSTICE
Section 110 of H.R. 2076, One Hundred Fourth Congress, as passed
by the House of Representatives on Dec. 6, 1995, and as enacted
into law by Pub. L. 104-91, title I, Sec. 101(a), Jan. 6, 1996, 110
Stat. 11, as amended by Pub. L. 104-99, title II, Sec. 211, Jan.
26, 1996, 110 Stat. 37, provided that: "Hereafter, notwithstanding
any other provision of law -
"(1) No transfers may be made from Department of Justice
accounts other than those authorized in this Act [probably means
H.R. 2076, One Hundred Fourth Congress, which was vetoed], or in
previous or subsequent appropriations Acts for the Department of
Justice, or in part II of title 28 of the United States Code, or
in section 10601 of title 42 of the United States Code; and
"(2) No appropriation account within the Department of Justice
shall have its allocation of funds controlled by other than an
apportionment issued by the Office of Management and Budget or an
allotment advice issued by the Department of Justice."
Similar provisions were contained in the following prior
appropriation act:
Pub. L. 103-317, title I, Sec. 113, Aug. 26, 1994, 108 Stat.
1736.
USE OF DEPOSITS TRANSFERRED FROM ASSETS FORFEITURE FUND TO
BUILDINGS AND FACILITIES ACCOUNT OF FEDERAL PRISON SYSTEM
Section 106 of Pub. L. 103-121 provided that: "For fiscal year
1994 and thereafter, deposits transferred from the Assets
Forfeiture Fund to the Buildings and Facilities account of the
Federal Prison System may be used for the construction of
correctional institutions, and the construction and renovation of
Immigration and Naturalization Service and United States Marshals
Service detention facilities, and for the authorized purposes of
the Cooperative Agreement Program."
[For abolition of Immigration and Naturalization Service,
transfer of functions, and treatment of related references, see
note set out under section 1551 of Title 8, Aliens and
Nationality.]
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 102-395, title I, Sec. 107, Oct. 6, 1992, 106 Stat. 1841.
Pub. L. 102-140, title I, Sec. 107, Oct. 28, 1991, 105 Stat. 794.
Pub. L. 101-515, title II, Sec. 208, Nov. 5, 1990, 104 Stat.
2119.
Pub. L. 101-162, title II, as added Pub. L. 101-302, title II,
May 25, 1990, 104 Stat. 216.
NOTICE AND APPROVAL OF TRANSFER OF SUBSECTION (C)(1)(H) DEPOSITS
Section 101(a) [title II, Sec. 210(b)] of Pub. L. 100-202
provided that: "Amounts proposed for transfer pursuant to
subsection (a) [amending this section] shall be transferred only
upon notification by the Attorney General to the Committees on
Appropriations of the House of Representatives and the Senate and
approval under said Committees' policies concerning the
reprogramming of funds."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 530C of this title; title
18 sections 793, 794, 798, 2254; title 21 sections 881, 1509; title
31 section 9703; title 50 section 783.
-FOOTNOTE-
(!1) See References in Text note below.
(!2) So in original. Probably should be capitalized.
-End-
-CITE-
28 USC Sec. 525 01/19/04
-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 01/19/04
-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 01/19/04
-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 01/19/04
-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 01/19/04
-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
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