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Online Attorney
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 01/19/04
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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-
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28 USC Sec. 530A 01/19/04
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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-
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28 USC Sec. 530B 01/19/04
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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-
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28 USC Sec. 530C 01/19/04
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 31 - THE ATTORNEY GENERAL
-HEAD-
Sec. 530C. Authority to use available funds
-STATUTE-
(a) In General. - Except to the extent provided otherwise by law,
the activities of the Department of Justice (including any bureau,
office, board, division, commission, subdivision, unit, or other
component thereof) may, in the reasonable discretion of the
Attorney General, be carried out through any means, including -
(1) through the Department's own personnel, acting within,
from, or through the Department itself;
(2) by sending or receiving details of personnel to other
branches or agencies of the Federal Government, on a
reimbursable, partially-reimbursable, or nonreimbursable basis;
(3) through reimbursable agreements with other Federal agencies
for work, materials, or equipment;
(4) through contracts, grants, or cooperative agreements with
non-Federal parties; and
(5) as provided in subsection (b), in section 524, and in any
other provision of law consistent herewith, including, without
limitation, section 102(b) of Public Law 102-395 (106 Stat.
1838), as incorporated by section 815(d) of Public Law 104-132
(110 Stat. 1315).
(b) Permitted Uses. -
(1) General permitted uses. - Funds available to the Attorney
General (i.e., all funds available to carry out the activities
described in subsection (a)) may be used, without limitation, for
the following:
(A) The purchase, lease, maintenance, and operation of
passenger motor vehicles, or police-type motor vehicles for law
enforcement purposes, without regard to general purchase price
limitation for the then-current fiscal year.
(B) The purchase of insurance for motor vehicles, boats, and
aircraft operated in official Government business in foreign
countries.
(C) Services of experts and consultants, including private
counsel, as authorized by section 3109 of title 5, and at rates
of pay for individuals not to exceed the maximum daily rate
payable from time to time under section 5332 of title 5.
(D) Official reception and representation expenses (i.e.,
official expenses of a social nature intended in whole or in
predominant part to promote goodwill toward the Department or
its missions, but excluding expenses of public tours of
facilities of the Department of Justice), in accordance with
distributions and procedures established, and rules issued, by
the Attorney General, and expenses of public tours of
facilities of the Department of Justice.
(E) Unforeseen emergencies of a confidential character, to be
expended under the direction of the Attorney General and
accounted for solely on the certificate of the Attorney
General.
(F) Miscellaneous and emergency expenses authorized or
approved by the Attorney General, the Deputy Attorney General,
the Associate Attorney General, or the Assistant Attorney
General for Administration.
(G) In accordance with procedures established and rules
issued by the Attorney General -
(i) attendance at meetings and seminars;
(ii) conferences and training; and
(iii) advances of public moneys under section 3324 of title
31: Provided, That travel advances of such moneys to law
enforcement personnel engaged in undercover activity shall be
considered to be public money for purposes of section 3527 of
title 31.
(H) Contracting with individuals for personal services
abroad, except that such individuals shall not be regarded as
employees of the United States for the purpose of any law
administered by the Office of Personnel Management.
(I) Payment of interpreters and translators who are not
citizens of the United States, in accordance with procedures
established and rules issued by the Attorney General.
(J) Expenses or allowances for uniforms as authorized by
section 5901 of title 5, but without regard to the general
purchase price limitation for the then-current fiscal year.
(K) Expenses of -
(i) primary and secondary schooling for dependents of
personnel stationed outside the United States at cost not in
excess of those authorized by the Department of Defense for
the same area, when it is determined by the Attorney General
that schools available in the locality are unable to provide
adequately for the education of such dependents; and
(ii) transportation of those dependents between their place
of residence and schools serving the area which those
dependents would normally attend when the Attorney General,
under such regulations as he may prescribe, determines that
such schools are not accessible by public means of
transportation.
(L) payment of rewards (i.e., payments pursuant to public
advertisements for assistance to the Department of Justice), in
accordance with procedures and regulations established or
issued by the Attorney General: Provided, That -
(i) no such reward shall exceed $2,000,000, unless -
(I) the reward is to combat domestic terrorism or
international terrorism (as defined in section 2331 of
title 18); or
(II) a statute should authorize a higher amount;
(ii) no such reward of $250,000 or more may be made or
offered without the personal approval of either the Attorney
General or the President;
(iii) the Attorney General shall give written notice to the
Chairmen and ranking minority members of the Committees on
Appropriations and the Judiciary of the Senate and of the
House of Representatives not later than 30 days after the
approval of a reward under clause (ii);
(iv) any executive agency or military department (as
defined, respectively, in sections 105 and 102 of title 5)
may provide the Attorney General with funds for the payment
of rewards; and
(v) neither the failure of the Attorney General to
authorize a payment nor the amount authorized shall be
subject to judicial review.
(2) Specific permitted uses. -
(A) Aircraft and boats. - Funds available to the Attorney
General for United States Attorneys, for the Federal Bureau of
Investigation, for the United States Marshals Service, for the
Drug Enforcement Administration, and for the Immigration and
Naturalization Service may be used for the purchase, lease,
maintenance, and operation of aircraft and boats, for law
enforcement purposes.
(B) Purchase of ammunition and firearms; firearms
competitions. - Funds available to the Attorney General for
United States Attorneys, for the Federal Bureau of
Investigation, for the United States Marshals Service, for the
Drug Enforcement Administration, for the Federal Prison System,
for the Office of the Inspector General, and for the
Immigration and Naturalization Service may be used for -
(i) the purchase of ammunition and firearms; and
(ii) participation in firearms competitions.
(C) Construction. - Funds available to the Attorney General
for construction may be used for expenses of planning,
designing, acquiring, building, constructing, activating,
renovating, converting, expanding, extending, remodeling,
equipping, repairing, or maintaining buildings or facilities,
including the expenses of acquisition of sites therefor, and
all necessary expenses incident or related thereto; but the
foregoing shall not be construed to mean that funds generally
available for salaries and expenses are not also available for
certain incidental or minor construction, activation,
remodeling, maintenance, and other related construction costs.
(3) Fees and expenses of witnesses. - Funds available to the
Attorney General for fees and expenses of witnesses may be used
for -
(A) expenses, mileage, compensation, protection, and per diem
in lieu of subsistence, of witnesses (including advances of
public money) and as authorized by section 1821 or other law,
except that no witness may be paid more than 1 attendance fee
for any 1 calendar day;
(B) fees and expenses of neutrals in alternative dispute
resolution proceedings, where the Department of Justice is a
party; and
(C) construction of protected witness safesites.
(4) Federal bureau of investigation. - Funds available to the
Attorney General for the Federal Bureau of Investigation for the
detection, investigation, and prosecution of crimes against the
United States may be used for the conduct of all its authorized
activities.
(5) Immigration and naturalization service. - Funds available
to the Attorney General for the Immigration and Naturalization
Service may be used for -
(A) acquisition of land as sites for enforcement fences, and
construction incident to such fences;
(B) cash advances to aliens for meals and lodging en route;
(C) refunds of maintenance bills, immigration fines, and
other items properly returnable, except deposits of aliens who
become public charges and deposits to secure payment of fines
and passage money; and
(D) expenses and allowances incurred in tracking lost
persons, as required by public exigencies, in aid of State or
local law enforcement agencies.
(6) Federal prison system. - Funds available to the Attorney
General for the Federal Prison System may be used for -
(A) inmate medical services and inmate legal services, within
the Federal prison system;
(B) the purchase and exchange of farm products and livestock;
(C) the acquisition of land as provided in section 4010 of
title 18; and
(D) the construction of buildings and facilities for penal
and correctional institutions (including prison camps), by
contract or force account, including the payment of United
States prisoners for their work performed in any such
construction;
except that no funds may be used to distribute or make available
to a prisoner any commercially published information or material
that is sexually explicit or features nudity.
(7) Detention trustee. - Funds available to the Attorney
General for the Detention Trustee may be used for all the
activities of such Trustee in the exercise of all power and
functions authorized by law relating to the detention of Federal
prisoners in non-Federal institutions or otherwise in the custody
of the United States Marshals Service and to the detention of
aliens in the custody of the Immigration and Naturalization
Service, including the overseeing of construction of detention
facilities or for housing related to such detention, the
management of funds appropriated to the Department for the
exercise of detention functions, and the direction of the United
States Marshals Service and Immigration Service with respect to
the exercise of detention policy setting and operations for the
Department of Justice.
(c) Related Provisions. -
(1) Limitation of compensation of individuals employed as
attorneys. - No funds available to the Attorney General may be
used to pay compensation for services provided by an individual
employed as an attorney (other than an individual employed to
provide services as a foreign attorney in special cases) unless
such individual is duly licensed and authorized to practice as an
attorney under the law of a State, a territory of the United
States, or the District of Columbia.
(2) Reimbursements paid to governmental entities. - Funds
available to the Attorney General that are paid as reimbursement
to a governmental unit of the Department of Justice, to another
Federal entity, or to a unit of State or local government, may be
used under authorities available to the unit or entity receiving
such reimbursement.
(d) Foreign Reimbursements. - Whenever the Department of Justice
or any component participates in a cooperative project to improve
law enforcement or national security operations or services with a
friendly foreign country on a cost-sharing basis, any
reimbursements or contributions received from that foreign country
to meet its share of the project may be credited to appropriate
current appropriations accounts of the Department of Justice or any
component. The amount of a reimbursement or contribution credited
shall be available only for payment of the share of the project
expenses allocated to the participating foreign country.
(e) Railroad Police Training Fees. - The Attorney General is
authorized to establish and collect a fee to defray the costs of
railroad police officers participating in a Federal Bureau of
Investigation law enforcement training program authorized by Public
Law 106-110, and to credit such fees to the appropriation account
"Federal Bureau of Investigation, Salaries and Expenses", to be
available until expended for salaries and expenses incurred in
providing such services.
(f) Warranty Work. - In instances where the Attorney General
determines that law enforcement-, security-, or mission-related
considerations mitigate against obtaining maintenance or repair
services from private sector entities for equipment under warranty,
the Attorney General is authorized to seek reimbursement from such
entities for warranty work performed at Department of Justice
facilities, and to credit any payment made for such work to any
appropriation charged therefor.
-SOURCE-
(Added Pub. L. 107-273, div. A, title II, Sec. 201(a), Nov. 2,
2002, 116 Stat. 1767.)
-REFTEXT-
REFERENCES IN TEXT
Section 102(b) of Public Law 102-395, referred to in subsec.
(a)(5), is section 102(b) of Pub. L. 102-395, title I, Oct. 6,
1992, 106 Stat. 1838, as amended, which is set out as a note under
section 533 of this title.
Section 815(d) of Public Law 104-132, referred to in subsec.
(a)(5), is section 815(d) of Pub. L. 104-132, title VIII, Apr. 24,
1996, 110 Stat. 1315, which is set out as a note under section 533
of this title.
Public Law 106-110, referred to in subsec. (e), is Pub. L.
106-110, Nov. 24, 1999, 113 Stat. 1497, which amended section 3771
of Title 42, The Public Health and Welfare.
-TRANS-
ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF
FUNCTIONS
For abolition of Immigration and Naturalization Service, transfer
of functions, and treatment of related references, see note set out
under section 1551 of Title 8, Aliens and Nationality.
-End-
-CITE-
28 USC Sec. 530D 01/19/04
-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 establishme
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