Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
This commit is contained in:
Fabio
2026-07-06 10:51:44 -04:00
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---
type: "LegalText"
title: "28 U.S.C. § 501"
description: "Executive department"
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title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
chapter_number: "31"
chapter_name: "THE ATTORNEY GENERAL"
section: "501"
citation: "28 U.S.C. § 501"
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# 28 U.S.C. § 501 - Executive department
## Text
The Department of Justice is an executive department of the United States at the seat of Government.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 611.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 291 (less last 10 words).R.S. § 346 (less last 10 words). The words “There shall be”, referring to the establishment of the Department, are omitted as executed.
Editorial Notes
Prior ProvisionsA prior section 501, acts June 25, 1948, ch. 646, 62 Stat. 909; Mar. 18, 1959, Pub. L. 863, § 11(a), 73 Stat. 9, related to appointment of United States attorneys, prior to repeal by Pub. L. 89554, § 8(a), and reenactment in section 541 of this title by section 4(c) of Pub. L. 89554.
Statutory Notes and Related Subsidiaries
Servicemembers and Veterans InitiativePub. L. 116288, Jan. 5, 2021, 134 Stat. 4884, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the Servicemembers and Veterans Initiative Act of 2020. “SEC. 2. SERVICEMEMBERS AND VETERANS INITIATIVE.“(a) Establishment.—There is established the Servicemembers and Veterans Initiative within the Civil Rights Division of the Department of Justice. “(b) Duties.—The Servicemembers and Veterans Initiative shall—“(1) serve as legal and policy advisor to the Attorney General on the Department of Justices efforts to enforce criminal and civil laws that impact servicemembers, veterans, and their families; “(2) develop policy recommendations for the Attorney General on how the Department of Justice may improve enforcement of Federal law to support servicemembers, veterans, and their families; “(3) serve as the liaison and point of contact between the Department of Justice and the military departments; “(4) provide counsel to the Assistant Attorney General for the Office of Justice Programs to ensure funding decisions take into account servicemembers, veterans, and their families; “(5) consult with components of the Department of Justice to promote the provision of civil legal aid to servicemembers, veterans, and their families; “(6) serve as a liaison and point of contact with the Consumer Protection Branch of the Civil Division of the Department of Justice, with respect to the prosecution of Federal crimes involving fraud that target servicemembers; and “(7) serve as a liaison and point of contact with other components of the Department of Justice as needed to support the enforcement of other Federal laws that protect servicemembers and veterans, as the Attorney General determines appropriate.”
Office of Justice for Victims of Overseas TerrorismPub. L. 108447, div. B, title I, § 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 JusticePub. L. 94503, title II, § 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.”
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# 28 U.S.C. § 502 - Seal
## Text
The Attorney General shall have a seal for the Department of Justice. The design of the seal is subject to the approval of the President.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 611.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 292.R.S. § 353. The section is rewritten to conform to other statutes authorizing departmental seals. The words “The seal heretofore provided for the office of the Attorney General shall be” are omitted as obsolete.
Editorial Notes
Prior ProvisionsA 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. 89554, § 8(a), and reenactment in section 542 of this title by section 4(c) of Pub. L. 89554.
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---
# 28 U.S.C. § 503 - Attorney General
## Text
The President shall appoint, by and with the advice and consent of the Senate, an Attorney General of the United States. The Attorney General is the head of the Department of Justice.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 612.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 291 (last 10 words).R.S. § 346 (last 10 words). The words “The President shall appoint, by and with the advice and consent of the Senate” have been added to conform the section with the Constitution. See article II, section 2, clause 2.
Editorial Notes
Prior ProvisionsA 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. 89554, § 8(a), and reenactment in section 543 of this title by section 4(c) of Pub. L. 89554.
Statutory Notes and Related Subsidiaries
Actions Challenging Appointment of Attorney General on Grounds of Violation of Constitutional Provisions Governing Compensation and Other EmolumentsPub. L. 93178, § 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.”
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---
# 28 U.S.C. § 504 - Deputy Attorney General
## Text
The President may appoint, by and with the advice and consent of the Senate, a Deputy Attorney General.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 10777, title VI, § 612(c), Nov. 28, 2001, 115 Stat. 800; Pub. L. 107273, div. B, title IV, § 4004(f), Nov. 2, 2002, 116 Stat. 1812.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 294.Mar. 3, 1903, ch. 1006, § 1 (so much of 2d par. under “Department of Justice” as provides for appointment, pay, and duties of an assistant to the Attorney General), 32 Stat. 1062.  [Uncodified].1950 Reorg. Plan No. 2, § 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 § 303(c) of the Act of Aug. 14, 1964, Pub. L. 88426, 78 Stat. 416, which is codified in section 5314 of title 5, United States Code.
Editorial Notes
Prior ProvisionsA prior section 504, acts June 25, 1948, ch. 646, 62 Stat. 909; Mar. 18, 1959, Pub. L. 863, § 11(b), 73 Stat. 9, related to tenure and oath of office of United States attorneys, prior to repeal by Pub. L. 89554, § 8(a), and reenactment in sections 541 and 544 of this title by section 4(c) of Pub. L. 89554.
Amendments2002—Pub. L. 107273 repealed Pub. L. 10777, § 612(c). See 2001 Amendment note below. 2001—Pub. L. 10777, § 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. 107273.
Statutory Notes and Related Subsidiaries
Position Relating to Combating Domestic TerrorismPub. L. 10777, title VI, § 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. 107273, div. B, title IV, § 4004(f), Nov. 2, 2002, 116 Stat. 1812.
@@ -0,0 +1,35 @@
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title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
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---
# 28 U.S.C. § 504a - Associate Attorney General
## Text
The President may appoint, by and with the advice and consent of the Senate, an Associate Attorney General.
(Added Pub. L. 95139, § 1(a), Oct. 19, 1977, 91 Stat. 1171.)
@@ -0,0 +1,43 @@
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---
# 28 U.S.C. § 505 - Solicitor General
## Text
The President shall appoint in the Department of Justice, by and with the advice and consent of the Senate, a Solicitor General, learned in the law, to assist the Attorney General in the performance of his duties.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 612.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 293.R.S. § 347 (less last sentence). So much of R.S. § 347 as relates to the pay of the Solicitor General is omitted as superseded by § 303(c) of the Act of Aug. 14, 1964, Pub. L. 88426, 78 Stat. 416, which is codified in section 5314 of title 5, United States Code.
Editorial Notes
Prior ProvisionsA 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. 89554, § 8(a), and reenactment in section 545 of this title by section 4(c) of Pub. L. 89554.
@@ -0,0 +1,49 @@
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title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
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---
# 28 U.S.C. § 506 - Assistant Attorneys General
## Text
The President shall appoint, by and with the advice and consent of the Senate, 11 Assistant Attorneys General, who shall assist the Attorney General in the performance of his duties.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 95598, title II, § 218, Nov. 6, 1978, 92 Stat. 2662; Pub. L. 109177, title V, § 506(a)(2), Mar. 9, 2006, 120 Stat. 247.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 295.R.S. § 348.   July 11, 1890, ch. 667, § 1 (words between 3d and 4th semicolons under “Department of Justice”), 26 Stat. 265.   Mar. 3, 1903, ch. 1006, § 1 (so much of 2d par. under “Department of Justice” as provides for appointment, pay, and duties of an additional Assistant Attorney General), 32 Stat. 1062.   July 16, 1914, ch. 141, § 1 (words between 3d and 4th semicolons under “Department of Justice”), 38 Stat. 497.   Mar. 4, 1915, ch. 141, § 1 (words between 3d and 4th semicolons under “Department of Justice”), 38 Stat. 1038.   June 16, 1933, ch. 101, § 16(b), 48 Stat. 308.   Mar. 2, 1943, ch. 7, 57 Stat. 4.  [Uncodified].1950 Reorg. Plan No. 2, § 4, eff. May 24, 1950, 64 Stat. 1261.  [Uncodified].1953 Reorg. Plan No. 4, § 2, eff. June 20, 1953. 67 Stat. 636.  5 U.S.C. 2951.Sept. 9, 1957, Pub. L. 85315, § 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, § 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 revisers 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, § 4, and 1953 Reorg. Plan No. 4, § 2, abolishing positions and transferring incumbents are omitted as executed. Provisions relating to pay of Assistant Attorneys General are omitted as superseded by § 303(d) of the Act of August 14, 1964, Pub. L. 88426, 78 Stat. 418, which is codified in section 5315 of title 5, United States Code.
Editorial Notes
Prior ProvisionsA 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. 89554, § 8(a), and reenactment in section 546 of this title by section 4(c) of Pub. L. 89554.
Amendments2006—Pub. L. 109177 substituted “11” for “ten”. 1978—Pub. L. 95598 substituted “ten” for “nine”.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 AmendmentAmendment by Pub. L. 95598 effective Nov. 6, 1978, see section 402(d) of Pub. L. 95598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
@@ -0,0 +1,49 @@
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title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
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chapter_name: "THE ATTORNEY GENERAL"
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citation: "28 U.S.C. § 507"
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---
# 28 U.S.C. § 507 - Assistant Attorney General for Administration
## Text
(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.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 106113, div. B, § 1000(a)(1) [title I, § 111], Nov. 29, 1999, 113 Stat. 1535, 1501A20.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  [Uncodified].1950 Reorg. Plan No. 2, § 5 eff. May 24, 1950, 64 Stat. 1261. The title of the position was changed to “Assistant Attorney General for Administration” by § 307 of the Act of Aug. 14, 1964, Pub. L. 88426, 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, § 1101 (3d proviso), 66 Stat. 121. The salary of the position is now fixed by § 303(e) of the Act of Aug. 14, 1964, Pub. L. 88426, 78 Stat. 420, which is codified in section 5316 of title 5, United States Code.
Editorial Notes
Prior ProvisionsA prior section 507, acts June 25, 1948, ch. 646, 62 Stat. 910; May 24, 1949, ch. 139, § 71, 63 Stat. 100, related to duties of United States attorneys, and to supervision by the Attorney General, prior to repeal by Pub. L. 89554, § 8(a), and reenactment in sections 509 and 547 of this title by section 4(c) of Pub. L. 89554.
Amendments1999—Subsec. (c). Pub. L. 106113 added subsec. (c).
@@ -0,0 +1,43 @@
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# 28 U.S.C. § 507A - Assistant Attorney General for National Security
## Text
(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.
(Added Pub. L. 109177, title V, § 506(a)(1), Mar. 9, 2006, 120 Stat. 247.)
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# 28 U.S.C. § 508 - Vacancies
## Text
(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.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 95139, § 2, Oct. 19, 1977, 91 Stat. 1171.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  [Uncodified].R.S. § 347 (last sentence).   1953 Reorg. Plan No. 4, § 1, eff. June 20, 1953, 67 Stat. 636. The last sentence of R.S. § 347 is cited as authority inasmuch as the function contained therein was the function transferred to the Deputy Attorney General by 1953 Reorg. Plan No. 4. The word “may” is substituted for “have the power”. The words “During any period of time” are omitted as unnecessary.
Editorial Notes
Prior ProvisionsA prior section 508, acts June 25, 1948, ch. 646, 62 Stat. 910; Mar. 2, 1955, ch. 9, § 2(a), 69 Stat. 10; Oct. 11, 1962, Pub. L. 87793, § 1003(a), 76 Stat. 865; Aug. 14, 1964, Pub. L. 88426, title III, § 306(a)(1), 78 Stat. 428; Oct. 6, 1964, Pub. L. 88631, § 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. 89554, § 8(a), and reenactment in section 548 of this title by section 4(c) of Pub. L. 89554.
Amendments1977—Subsec. (b). Pub. L. 95139 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”.
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# 28 U.S.C. § 509A - National Security Division
## Text
(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.
(Added Pub. L. 109177, title V, § 506(b)(1), Mar. 9, 2006, 120 Stat. 248.)
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# 28 U.S.C. § 509B - Section to enforce human rights laws
## Text
(a) Not later than 90 days after the date of the enactment of the Human Rights Enforcement Act of 2009, the Attorney General shall establish a section within the Criminal Division of the Department of Justice with responsibility for the enforcement of laws against suspected participants in serious human rights offenses.
(b) The section established under subsection (a) is authorized to—
(1) take appropriate legal action against individuals suspected of participating in serious human rights offenses; and
(2) coordinate any such legal action with the United States Attorney for the relevant jurisdiction.
(c) The Attorney General shall, as appropriate, consult with the Secretary of Homeland Security and the Secretary of State.
(d) In determining the appropriate legal action to take against individuals who are suspected of committing serious human rights offenses under Federal law, the section shall take into consideration the availability of criminal prosecution under the laws of the United States for such offenses or in a foreign jurisdiction that is prepared to undertake a prosecution for the conduct that forms the basis for such offenses.
(e) The term “serious human rights offenses” includes violations of Federal criminal laws relating to genocide, torture, war crimes, and the use or recruitment of child soldiers under sections 1091, 2340, 2340A, 2441, and 2442 of title 18, United States Code.
(Added Pub. L. 111122, § 2(b), Dec. 22, 2009, 123 Stat. 3480.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the Human Rights Enforcement Act of 2009, referred to in subsec. (a), is the date of enactment of Pub. L. 111122, which was approved Dec. 22, 2009.
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# 28 U.S.C. § 510 - Delegation of authority
## Text
The Attorney General may from time to time make such provisions as he considers appropriate authorizing the performance by any other officer, employee, or agency of the Department of Justice of any function of the Attorney General.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 612.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  [Uncodified].1950 Reorg. Plan No. 2, § 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.
Editorial Notes
Prior ProvisionsA 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. 89554, § 8(a), and reenactment in section 550 of this title by section 4(c) of Pub. L. 89554.
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# 28 U.S.C. § 511 - Attorney General to advise the President
## Text
The Attorney General shall give his advice and opinion on questions of law when required by the President.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 612.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 303.R.S. § 354.   Feb. 27, 1877, ch. 69, § 1 (8th full par. on p. 241), 19 Stat. 241.
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# 28 U.S.C. § 512 - Attorney General to advise heads of executive departments
## Text
The head of an executive department may require the opinion of the Attorney General on questions of law arising in the administration of his department.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 613.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 304.R.S. § 356.
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# 28 U.S.C. § 513 - Attorney General to advise Secretaries of military departments
## Text
When a question of law arises in the administration of the Department of the Army, the Department of the Navy, or the Department of the Air Force, the cognizance of which is not given by statute to some other officer from whom the Secretary of the military department concerned may require advice, the Secretary of the military department shall send it to the Attorney General for disposition.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 613.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 307.R.S. § 357. The Department of War was designated the Department of the Army by the Act of July 26, 1947, ch. 343, § 205, 61 Stat. 501. “Department of the Air Force” is added on authority of the Act of July 26, 1947, ch. 343, § 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.”
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# 28 U.S.C. § 514 - Legal services on pending claims in departments and agencies
## Text
When the head of an executive department or agency is of the opinion that the interests of the United States require the service of counsel on the examination of any witness concerning any claim, or on the legal investigation of any claim, pending in the department or agency, he shall notify the Attorney General, giving all facts necessary to enable him to furnish proper professional service in attending the examination or making the investigation, and the Attorney General shall provide for the service.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 613.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 48.R.S. § 187.  5 U.S.C. 313.R.S. § 364. Sections 187 and 364 of the Revised Statutes are combined into one section since they both deal with the same subject matter and are derived from the Act of Feb. 14, 1871, ch. 51, § 3, 16 Stat. 412. The words “executive department” are substituted for “Department” because “Department”, as used in R.S. §§ 187 and 364, meant “executive department”. (See R.S. § 159.) The word “agency” is substituted for “bureau” as it has a more common current acceptance. The word “concerning” is substituted for “touching”. Reference to application for a subpena is omitted as R.S. § 364 gives the department head the same authority to request aid from the Attorney General whether or not application has been made for a subpena. Section 187 of the Revised Statutes was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (former 5 U.S.C. 1711), 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.
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# 28 U.S.C. § 515 - Authority for legal proceedings; commission, oath, and salary for special attorneys
## Text
(a) The Attorney General or any other officer of the Department of Justice, or any attorney specially appointed by the Attorney General under law, may, when specifically directed by the Attorney General, conduct any kind of legal proceeding, civil or criminal, including grand jury proceedings and proceedings before committing magistrate judges, which United States attorneys are authorized by law to conduct, whether or not he is a resident of the district in which the proceeding is brought.
(b) Each attorney specially retained under authority of the Department of Justice shall be commissioned as special assistant to the Attorney General or special attorney, and shall take the oath required by law. Foreign counsel employed in special cases are not required to take the oath. The Attorney General shall fix the annual salary of a special assistant or special attorney.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 613; amended Pub. L. 101650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 107273, div. A, title II, § 203(b), Nov. 2, 2002, 116 Stat. 1775.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 310.June 30, 1906, ch. 3935, 34 Stat. 816. (b)5 U.S.C. 315.R.S. § 366.   Apr. 17, 1930, ch. 174, 46 Stat. 170.   June 25, 1948, ch. 646, § 3, 62 Stat. 985.  [Uncodified].Aug. 5, 1953, ch. 328, § 202 (1st and 2d provisos, as applicable to special assistants and special attorneys), 67 Stat. 375.  [Uncodified].July 2, 1954, ch. 456, § 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, § 1, 62 Stat. 909. The words “any provision of” are omitted as unnecessary.
Editorial Notes
Amendments2002—Subsec. (b). Pub. L. 107273 struck out “at not more than $12,000” before period at end.
Statutory Notes and Related Subsidiaries
Change of Name Words “magistrate judges” substituted for “magistrates” in subsec. (a) pursuant to section 321 of Pub. L. 101650, set out as a note under section 631 of this title.
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# 28 U.S.C. § 516 - Conduct of litigation reserved to Department of Justice
## Text
Except as otherwise authorized by law, the conduct of litigation in which the United States, an agency, or officer thereof is a party, or is interested, and securing evidence therefor, is reserved to officers of the Department of Justice, under the direction of the Attorney General.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 613.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 306.R.S. § 361.   Sept. 3, 1954, ch. 1263, § 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. § 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. § 365, which is codified in section 3106 of title 5, United States Code.
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# 28 U.S.C. § 517 - Interests of United States in pending suits
## Text
The Solicitor General, or any officer of the Department of Justice, may be sent by the Attorney General to any State or district in the United States to attend to the interests of the United States in a suit pending in a court of the United States, or in a court of a State, or to attend to any other interest of the United States.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 613.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 316.R.S. § 367.
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# 28 U.S.C. § 518 - Conduct and argument of cases
## Text
(a) Except when the Attorney General in a particular case directs otherwise, the Attorney General and the Solicitor General shall conduct and argue suits and appeals in the Supreme Court and suits in the United States Court of Federal Claims or in the United States Court of Appeals for the Federal Circuit and in the Court of International Trade in which the United States is interested.
(b) When the Attorney General considers it in the interests of the United States, he may personally conduct and argue any case in a court of the United States in which the United States is interested, or he may direct the Solicitor General or any officer of the Department of Justice to do so.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 613; amended Pub. L. 96417, title V, § 503, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 97164, title I, § 117, Apr. 2, 1982, 96 Stat. 32; Pub. L. 102572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 309.R.S. § 359. The words “and writs of error” are omitted on authority of the Act of Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54. The word “considers” is substituted for “deems”.
Editorial Notes
Amendments1992—Subsec. (a). Pub. L. 102572 substituted “United States Court of Federal Claims” for “United States Claims Court”. 1982—Subsec. (a). Pub. L. 97164 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. 96417 required the Attorney General and the Solicitor General to conduct and argue suits in the Court of International Trade.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by Pub. L. 102572 effective Oct. 29, 1992, see section 911 of Pub. L. 102572, set out as a note under section 171 of this title.
Effective Date of 1982 AmendmentAmendment by Pub. L. 97164 effective Oct. 1, 1982, see section 402 of Pub. L. 97164, set out as a note under section 171 of this title.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96417 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. 96417, set out as a note under section 251 of this title.
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# 28 U.S.C. § 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
## Text
(a) In suits against the United States in the United States Court of Federal Claims or in the United States Court of Appeals for the Federal Circuit founded on a contract, agreement, or transaction with an executive department or military department, or a bureau, officer, or agent thereof, or when the matter or thing on which the claim is based has been passed on and decided by an executive department, military department, bureau, or officer authorized to adjust it, the Attorney General shall send to the department, bureau, or officer a printed copy of the petition filed by the claimant, with a request that the department, bureau, or officer furnish to the Attorney General all facts, circumstances, and evidence concerning the claim in the possession or knowledge of the department, bureau, or officer.
(b) Within a reasonable time after receipt of the request from the Attorney General, the executive department, military department, bureau, or officer shall furnish the Attorney General with a written statement of all facts, information, and proofs. The statement shall contain a reference to or description of all official documents and papers, if any, as may furnish proof of facts referred to in it, or may be necessary and proper for the defense of the United States against the claim, mentioning the department, office, or place where the same is kept or may be secured. If the claim has been passed on and decided by the department, bureau, or officer, the statement shall briefly state the reasons and principles on which the decision was based. When the decision was founded on an Act of Congress it shall be cited specifically, and if any previous interpretation or construction has been given to the Act, section, or clause by the department, bureau, or officer, it shall be set forth briefly in the statement and a copy of the opinion filed, if any, attached to it. When a decision in the case has been based on a regulation of a department or when a regulation has, in the opinion of the department, bureau, or officer sending the statement, any bearing on the claim, it shall be distinctly quoted at length in the statement. When more than one case or class of cases is pending, the defense of which rests on the same facts, circumstances, and proofs, the department, bureau, or officer may certify and send one statement and it shall be held to apply to all cases as if made out, certified, and sent in each case respectively.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 614; amended Pub. L. 97164, title I, § 118(a), Apr. 2, 1982, 96 Stat. 32; Pub. L. 102572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 91.R.S. § 188. The section is reorganized and restated for clarity. In subsection (a), the word “concerning” is substituted for “touching”. In subsection (b), the words “without delay” are omitted as unnecessary in view of the requirement that the statement be furnished “Within a reasonable time”. The word “briefly” is substituted for “succinctly”. The words “in suit” are omitted as unnecessary. The words “executive department” are substituted for “department” because “department” as used in R.S. § 188 meant “executive department”. (See R.S. § 159.) The words “military department” are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (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 revisers note for section 301 of title 5, United States Code.
Editorial Notes
Amendments1992—Pub. L. 102572 substituted “United States Court of Federal Claims” for “United States Claims Court” in section catchline and subsec. (a). 1982—Pub. L. 97164, § 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. 97164, § 118(a)(1), substituted “United States Claims Court or in the United States Court of Appeals for the Federal Circuit” for “Court of Claims”.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by Pub. L. 102572 effective Oct. 29, 1992, see section 911 of Pub. L. 102572, set out as a note under section 171 of this title.
Effective Date of 1982 AmendmentAmendment by Pub. L. 97164 effective Oct. 1, 1982, see section 402 of Pub. L. 97164, set out as a note under section 171 of this title.
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# 28 U.S.C. § 521 - Publication and distribution of opinions
## Text
The Attorney General, from time to time—
(1) shall cause to be edited, and printed in the Government Publishing Office, such of his opinions as he considers valuable for preservation in volumes; and
(2) may prescribe the manner for the distribution of the volumes.
Each volume shall contain headnotes, an index, and such footnotes as the Attorney General may approve.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 614; amended Pub. L. 113235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 305 (1st sentence, as applicable to the Attorney General; 2d and 3d sentences).R.S. § 383 (1st sentence, as applicable to the Attorney General; 2d and 3d sentences). Section 188 of the Revised Statutes was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (former 5 U.S.C. 1711), 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, § 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.
Statutory Notes and Related Subsidiaries
Change of Name “Government Publishing Office” substituted for “Government Printing Office” in par. (1) on authority of section 1301(b) of Pub. L. 113235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Review for Official Publication of Opinions of the Office of Legal Counsel of the Department of Justice Concerning Intelligence ActivitiesPub. L. 113126, title III, § 322, July 7, 2014, 128 Stat. 1400, provided that: “(a) Process for Review for Official Publication.—Not later than 180 days after the date of the enactment of this Act [July 7, 2014], the Attorney General shall, in coordination with the Director of National Intelligence, establish a process for the regular review for official publication of significant opinions of the Office of Legal Counsel of the Department of Justice that have been provided to an element of the intelligence community. “(b) Factors.—The process of review of opinions established under subsection (a) shall include consideration of the following:“(1) The potential importance of an opinion to other agencies or officials in the Executive branch. “(2) The likelihood that similar questions addressed in an opinion may arise in the future. “(3) The historical importance of an opinion or the context in which it arose. “(4) The potential significance of an opinion to the overall jurisprudence of the Office of Legal Counsel. “(5) Such other factors as the Attorney General and the Director of National Intelligence consider appropriate. “(c) Presumption.—The process of review established under subsection (a) shall apply a presumption that significant opinions of the Office of Legal Counsel should be published when practicable, consistent with national security and other confidentiality considerations. “(d) Construction.—Nothing in this section shall require the official publication of any opinion of the Office of Legal Counsel, including publication under any circumstance as follows:“(1) When publication would reveal classified or other sensitive information relating to national security. “(2) When publication could reasonably be anticipated to interfere with Federal law enforcement efforts or is prohibited by law. “(3) When publication would conflict with preserving internal Executive branch deliberative processes or protecting other information properly subject to privilege. “(e) Requirement To Provide Classified Opinions to Congress.—“(1) In general.—Any opinion of the Office of Legal Counsel that would have been selected for publication under the process of review established under subsection (a) but for the fact that publication would reveal classified or other sensitive information relating to national security shall be provided or made available to the appropriate committees of Congress. “(2) Exception for covert action.—If the President determines that it is essential to limit access to a covert action finding under section 503(c)(2) of the National Security Act of 1947 (50 U.S.C. 3093(c)(2)), the President may limit access to information concerning such finding that would otherwise be provided or made available under this subsection to those members of Congress who have been granted access to such finding under such section 503(c)(2). “(f) Judicial Review.—The determination whether an opinion of the Office of Legal Counsel is appropriate for official publication under the process of review established under subsection (a) is discretionary and is not subject to judicial review.” [For definition of “intelligence community” as used in section 322 of Pub. L. 113126, set out above, see section 2 of Pub. L. 113126, set out as a note under section 3003 of Title 50, War and National Defense.]
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# 28 U.S.C. § 522 - Report of business and statistics
## Text
(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 11 So in original. Probably should be followed by “the”. 21st Century Department of Justice Appropriations Authorization Act and continuing thereafter, and notwithstanding any other provision of law, the same criteria shall be used (and shall be required to be used, as applicable) to classify or categorize offenders and victims (in the criminal context), and to classify or categorize actors and acted upon (in the noncriminal context).
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 615; amended Pub. L. 94273, § 19, Apr. 21, 1976, 90 Stat. 379; Pub. L. 107273, div. A, title II, § 204(b), Nov. 2, 2002, 116 Stat. 1776.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 333.R.S. § 384. The words “The Attorney General . . . shall report” are substituted for “It shall be the duty of the Attorney General to make . . . a report”. The word “beginning” is substituted for “commencement”. The words “pertaining to the Department that he considers proper” are substituted for “appertaining thereto that he may deem proper”. The words “and a detailed statement of the amounts used for defraying the expenses of the United States courts in each judicial district” are omitted as obsolete in view of the creation of the Administrative Office of the United States Courts by the Act of Aug. 7, 1939, ch. 501, § 1, 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.
Editorial Notes
References in TextThe 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. 107273, which was approved Nov. 2, 2002.
Amendments2002—Pub. L. 107273 designated existing provisions as subsec. (a) and added subsec. (b). 1976—Pub. L. 94273 substituted “by April 1 of each year” for “at the beginning of each regular session of Congress”.
Statutory Notes and Related Subsidiaries
Report to Congress on Banking Law OffensesPub. L. 101647, title XXV, § 2546, Nov. 29, 1990, 104 Stat. 4885, which requires the Attorney General to report to Congress quarterly, after Dec. 31, 1991, on the nature and number of proceedings in progress with respect to banking law offenses, was editorially reclassified as section 41306 of Title 34, Crime Control and Law Enforcement.
Congressional OversightPub. L. 100700, § 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. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 120 of House Document No. 1037.
Report to Congress on Robberies and Burglaries Involving Controlled SubstancesPub. L. 98305, § 4, May 31, 1984, 98 Stat. 222, provided that for each of the first three years after May 31, 1984, the Attorney General would submit an annual report to Congress with respect to the enforcement activities of the Attorney General relating to the offenses created by section 2118 of Title 18.
Report to Congress on Sexual Exploitation of ChildrenPub. L. 98292, § 9, May 21, 1984, 98 Stat. 206, which requires the Attorney General to report to Congress annually on prosecutions, convictions, and forfeitures under chapter 110 of Title 18, Crimes and Criminal Procedure, relating to sexual exploitation and other abuse of children, was editorially reclassified as section 41301 of Title 34, Crime Control and Law Enforcement.
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# 28 U.S.C. § 523 - Requisitions
## Text
The Attorney General shall sign all requisitions for the advance or payment of moneys appropriated for the Department of Justice, out of the Treasury, subject to the same control as is exercised on like estimates or accounts by the Government Accountability Office.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 615; amended Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 319.R.S. § 369. The words “General Accounting Office” are substituted for “First Auditor or First Comptroller of the Treasury” on authority of the Act of June 10, 1921, ch. 18, § 304, 42 Stat. 24.
Editorial Notes
Amendments2004—Pub. L. 108271 substituted “Government Accountability Office” for “General Accounting Office”.
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# 28 U.S.C. § 525 - Procurement of law books, reference books, and periodicals; sale and exchange
## Text
In the procurement of law books, reference books, and periodicals, the Attorney General may exchange or sell similar items and apply the exchange allowances or proceeds of such sales in whole or in part payment therefor.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 615.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 341e.July 28, 1950, ch. 503, § 3, 64 Stat. 380. The words “Attorney General” are substituted for “Department of Justice”.
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# 28 U.S.C. § 526 - Authority of Attorney General to investigate United States attorneys, marshals, trustees, clerks of court, and others
## Text
(a) The Attorney General may investigate the official acts, records, and accounts of—
(1) the United States attorneys, marshals, trustees, including trustees in cases under title 11; and
(2) at the request and on behalf of the Director of the Administrative Office of the United States Courts, the clerks of the United States courts and of the district court of the Virgin Islands, probation officers, United States magistrate judges, and court reporters;
for which purpose all the official papers, rec­ords, dockets, and accounts of these officers, without exception, may be examined by agents of the Attorney General at any time.
(b) Appropriations for the examination of judicial officers are available for carrying out this section.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 615; amended Pub. L. 95598, title II, §§ 219(a), (b), 220, Nov. 6, 1978, 92 Stat. 2662; Pub. L. 99554, title I, § 144(c), Oct. 27, 1986, 100 Stat. 3096; Pub. L. 101650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 107273, div. B, title IV, § 4003(b)(2), Nov. 2, 2002, 116 Stat. 1811.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 341b.July 28, 1950, ch. 503, § 4, 64 Stat. 380.   July 7, 1958, Pub. L. 85508, § 12(q), 72 Stat. 349. In subsection (b), the words “now or hereafter” and “the provisions of” are omitted as unnecessary.
Editorial Notes
Codification Pub. L. 95598, title IV, § 408(c), Nov. 6, 1978, 92 Stat. 2687, as amended by Pub. L. 98166, title II, § 200, Nov. 28, 1983, 97 Stat. 1081; Pub. L. 98353, title III, § 323, July 10, 1984, 98 Stat. 358; Pub. L. 99429, Sept. 30, 1986, 100 Stat. 985; Pub. L. 99500, § 101(b) [title II, § 200], Oct. 18, 1986, 100 Stat. 178339, 178345, and Pub. L. 99591, § 101(b) [title II, § 200], Oct. 30, 1986, 100 Stat. 334139, 334145; Pub. L. 99554, title III, § 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. 99554, title III, § 307(b), Oct. 27, 1986, 100 Stat. 3125.
Amendments2002—Pub. L. 107273, § 4003(b)(2)(A), struck out “and” before “trustees” in section catchline. Subsec. (a)(1). Pub. L. 107273, § 4003(b)(2)(B), substituted “marshals,” for “marshals,,”. 1986—Pub. L. 99554, § 144(c)(1), substituted “trustees” for “trustee” in section catchline. Subsec. (a)(1). Pub. L. 99554, § 144(c)(2)(A), inserted reference to trustees in cases under title 11. Subsec. (a)(2). Pub. L. 99554, § 144(c)(2)(B), struck out references to courts of the Canal Zone and trustees in cases under title 11. 1978—Pub. L. 95598, § 219(b), substituted “marshals, and trustee” for “and marshals” in section catchline. Subsec. (a)(1). Pub. L. 95518, § 219(a), substituted “marshals, and trustees” for “and marshals”. Subsec. (a)(2). Pub. L. 95598, § 220, substituted “officers, trustees in cases under title 11” for “officers, referees, trustees and receivers in bankruptcy” and “magistrates” for “commissioners”.
Statutory Notes and Related Subsidiaries
Change of Name “United States magistrate judges” substituted for “United States magistrates” in subsec. (a)(2) pursuant to section 321 of Pub. L. 101650, set out as a note under section 631 of this title.
Effective Date of 1986 AmendmentAmendment by Pub. L. 99554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99554, set out as a note under section 581 of this title.
Effective Date of 1978 AmendmentAmendment by Pub. L. 95598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
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# 28 U.S.C. § 527 - Establishment of working capital fund
## Text
There is hereby authorized to be established a working capital fund for the Department of Justice, which shall be available, without fiscal year limitation, for expenses and equipment necessary for maintenance and operations of such administrative services as the Attorney General, with the approval of the Office of Management and Budget, determines may be performed more advantageously as central services. The capital of the fund shall consist of the amount of the fair and reasonable value of such inventories, equipment, and other assets and inventories on order pertaining to the services to be carried on by the fund as the Attorney General may transfer to the fund less related liabilities and unpaid obligations together with any appropriations made for the purpose of providing capital. The fund shall be reimbursed or credited with advance payments from applicable appropriations and funds of: (1) the Department of Justice, other Federal agencies, and other sources authorized by law for supplies, materials, and services; and (2) federally recognized tribes for supplies, materials, and services related to access to Federal law enforcement databases; at rates which will recover the expenses of operations including accrual of annual leave and depreciation of plant and equipment of the fund. The fund shall also be credited with other receipts from sale or exchange of property or in payment for loss or damage to property held by the fund. There shall be transferred into the Treasury as miscellaneous receipts, as of the close of each fiscal year, any net income after making provisions for prior year losses, if any.
(Added Pub. L. 93613, § 1(1), Jan. 2, 1975, 88 Stat. 1975; amended Pub. L. 116260, div. B, title II, § 219, Dec. 27, 2020, 134 Stat. 1265.)
## Notes
Editorial Notes
Amendments2020—Pub. L. 116260, in third sentence, inserted “: (1)” before “the Department” and “; and (2) federally recognized tribes for supplies, materials, and services related to access to Federal law enfor cement databases;” after “and services”.
Statutory Notes and Related Subsidiaries
Debt Collection ImprovementPub. L. 11693, div. B, title II, § 218, Dec. 20, 2019, 133 Stat. 2415, provided that: “In this fiscal year and each fiscal year thereafter, amounts credited to and made available in the Department of Justice Working Capital Fund as an offsetting collection pursuant to section 11013 of Public Law 107273 [set out below] shall be so credited and available only to the extent and in such amounts as provided in advance in appropriations Acts: Provided, That notwithstanding 31 U.S.C. 3302 or any other statute affecting the crediting of collections, the Attorney General may credit, as a discretionary offsetting collection, to the Department of Justice Working Capital Fund, for fiscal year 2020 and thereafter, up to three percent of all amounts collected pursuant to civil debt collection litigation activities of the Department of Justice; and such amounts so credited in fiscal year 2020 and thereafter shall remain available until expended, and shall be subject to the terms and conditions of that fund: Provided further, That any such amounts from the fund that the Attorney General determines are necessary to pay, first, for the costs of processing and tracking civil and criminal debt collection litigation activities, and thereafter for financial systems and for debt-collection-related personnel, administrative, and litigation expenses, in fiscal year 2020 and thereafter, shall be transferred to other appropriations accounts in the Department of Justice for paying the costs of such activities, and shall be in addition to any amounts otherwise made available for such purposes in those appropriations accounts: Provided further, That such transfer authority is in addition to any other transfer authority provided by law: Provided further, That any transfer of funds pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act [div. B of Pub. L. 11693, 133 Stat. 2424] and shall not be available for obligation except in compliance with the procedures set forth in that section.” Pub. L. 107273, div. C, title I, § 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 ActivitiesPub. L. 103121, title I, § 108, Oct. 27, 1993, 107 Stat. 1164, as amended by Pub. L. 107273, div. A, title II, § 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. 107273, div. C, title I, § 11013(b), Nov. 2, 2002, 116 Stat. 1823.
Capital Equipment Acquisition, Etc., by Income Retained From or Transferred to Working Capital Fund; Amounts and LimitationsPub. L. 102140, 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 Departments 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 Departments 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 Departments 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.”
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# 28 U.S.C. § 528 - Disqualification of officers and employees of the Department of Justice
## Text
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 attorneys staff, from participation in a particular investigation or prosecution if such participation may result in a personal, financial, or political conflict of interest, or the appearance thereof. Such rules and regulations may provide that a willful violation of any provision thereof shall result in removal from office.
(Added Pub. L. 95521, title VI, § 603(a), Oct. 26, 1978, 92 Stat. 1874.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 26, 1978, see section 604 of Pub. L. 95521, set out as a note under section 591 of this title.
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# 28 U.S.C. § 529 - Annual report of Attorney General
## Text
(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 individuals 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 individuals State or local government position, employment, or compensation; and
(4) such other matters as the Attorney General may deem appropriate.
Such report shall include the number, type, and disposition of all investigations and prosecutions supervised by such Section or such unit, except that such report shall not disclose information which would interfere with any pending investigation or prosecution or which would improperly infringe upon the privacy rights of any individuals.
(b) Notwithstanding any provision of law limiting the amount of management or administrative expenses, the Attorney General shall, not later than May 2, 2003, and of every year thereafter, prepare and provide to the Committees on the Judiciary and Appropriations of each House of the Congress using funds available for the underlying programs—
(1) a report identifying and describing every grant (other than one made to a governmental entity, pursuant to a statutory formula), cooperative agreement, or programmatic services contract that was made, entered into, awarded, or, for which additional or supplemental funds were provided in the immediately preceding fiscal year, by or on behalf of the Office of Justice Programs (including any component or unit thereof, and the Office of Community Oriented Policing Services), and including, without limitation, for each such grant, cooperative agreement, or contract: the term, the dollar amount or value, a description of its specific purpose or purposes, the names of all grantees or parties, the names of each unsuccessful applicant or bidder, and a description of the specific purpose or purposes proposed in each unsuccessful application or bid, and of the reason or reasons for rejection or denial of the same; and
(2) a report identifying and reviewing every grant (other than one made to a governmental entity, pursuant to a statutory formula), cooperative agreement, or programmatic services contract made, entered into, awarded, or for which additional or supplemental funds were provided, after October 1, 2002, by or on behalf of the Office of Justice Programs (including any component or unit thereof, and the Office of Community Oriented Policing Services) that was programmatically and financially closed out or that otherwise ended in the immediately preceding fiscal year (or even if not yet closed out, was terminated or otherwise ended in the fiscal year that ended 2 years before the end of such immediately preceding fiscal year), and including, without limitation, for each such grant, cooperative agreement, or contract: a description of how the appropriated funds involved actually were spent, statistics relating to its performance, its specific purpose or purposes, and its effectiveness, and a written declaration by each non-Federal grantee and each non-Federal party to such agreement or to such contract, that—
(A) the appropriated funds were spent for such purpose or purposes, and only such purpose or purposes;
(B) the terms of the grant, cooperative agreement, or contract were complied with; and
(C) all documentation necessary for conducting a full and proper audit under generally accepted accounting principles, and any (additional) documentation that may have been required under the grant, cooperative agreement, or contract, have been kept in orderly fashion and will be preserved for not less than 3 years from the date of such close out, termination, or end;
except that the requirement of this paragraph shall be deemed satisfied with respect to any such description, statistics, or declaration if such non-Federal grantee or such non-Federal party shall have failed to provide the same to the Attorney General, and the Attorney General notes the fact of such failure and the name of such grantee or such party in the report.
(Added Pub. L. 95521, title VI, § 603(a), Oct. 26, 1978, 92 Stat. 1874; amended Pub. L. 107273, div. A, title II, § 205(a), div. B, title IV, § 4003(b)(3), Nov. 2, 2002, 116 Stat. 1777, 1811.)
## Notes
Editorial Notes
Amendments2002—Pub. L. 107273, § 205(a), designated existing provisions as subsec. (a) and added subsec. (b). Subsec. (b)(2). Pub. L. 107273, § 4003(b)(3), struck out “over $5,000,000” after “services contract” in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 26, 1978, see section 604 of Pub. L. 95521, set out as a note under section 591 of this title.
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# 28 U.S.C. § 530 - Payment of travel and transportation expenses of newly appointed special agents
## Text
The Attorney General or the Attorney Generals 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.
(Added Pub. L. 9886, § 1, Aug. 26, 1983, 97 Stat. 492.)
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# 28 U.S.C. § 530A - Authorization of appropriations for travel and related expenses and for health care of personnel serving abroad
## Text
There are authorized to be used from appropriations, for any fiscal year, for the Department of Justice, such sums as may be necessary—
(1) for travel and related expenses of employees of the Department of Justice serving abroad and their families, to be payable in the same manner as applicable with respect to the Foreign Service under paragraphs (2), (3), (5), (6), (8), (9), (11), and (15) of section 901 of the Foreign Service Act of 1980, and under the regulations issued by the Secretary of State; and
(2) for health care for such employees and families, to be provided under section 904 of that Act.
(Added Pub. L. 100690, title VI, § 6281(a), Nov. 18, 1988, 102 Stat. 4368; amended Pub. L. 11255, div. B, title II, § 218, Nov. 18, 2011, 125 Stat. 621.)
## Notes
Editorial Notes
References in TextSections 901 and 904 of the Foreign Service Act of 1980, referred to in pars. (1) and (2), are classified to sections 4081 and 4084, respectively, of Title 22, Foreign Relations and Intercourse.
Statutory Notes and Related Subsidiaries
Amendments2011—Pub. L. 11255 substituted “used from appropriations” for “appropriated” in introductory provisions and inserted “(2),” before “(3)” in par. (1).
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# 28 U.S.C. § 530B - Ethical standards for attorneys for the Government
## Text
(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 attorneys 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.
(Added Pub. L. 105277, div. A, § 101(b) [title VIII, § 801(a)], Oct. 21, 1998, 112 Stat. 268150, 2681118.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 105277, div. A, § 101(b) [title VIII, § 801(c)], Oct. 21, 1998, 112 Stat. 268150, 2681119, 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.”
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# 28 U.S.C. § 530C - Authority to use available funds
## Text
(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 Departments 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 102395 (106 Stat. 1838), as incorporated by section 815(d) of Public Law 104132 (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 $3,000,000, 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.
(M) (i) At the request of an appropriate law enforcement official of a State or political subdivision, the Attorney General may assist in the investigation of violent acts and shootings occurring in a place of public use and in the investigation of mass killings and attempted mass killings. Any assistance provided under this subparagraph shall be presumed to be within the scope of Federal office or employment.
(i) 11 So in original. Probably should be “(ii)”. For purposes of this subparagraph—
(I) the term “mass killings” means 3 or more killings in a single incident; and
(II) the term “place of public use” has the meaning given that term under section 2332f(e)(6) of title 18, United States Code.
(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 106110, 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.
(Added Pub. L. 107273, div. A, title II, § 201(a), Nov. 2, 2002, 116 Stat. 1767; amended Pub. L. 108199, div. B, title I, Jan. 23, 2004, 118 Stat. 53; Pub. L. 112265, § 2(a), Jan. 14, 2013, 126 Stat. 2435.)
## Notes
Editorial Notes
References in TextSection 102(b) of Public Law 102395, referred to in subsec. (a)(5), is section 102(b) of Pub. L. 102395, title I, Oct. 6, 1992, 106 Stat. 1838, which is set out as a note under section 533 of this title. Section 815(d) of Public Law 104132, referred to in subsec. (a)(5), is section 815(d) of Pub. L. 104132, title VIII, Apr. 24, 1996, 110 Stat. 1315, which is set out as a note under section 533 of this title. Public Law 106110, referred to in subsec. (e), is Pub. L. 106110, Nov. 24, 1999, 113 Stat. 1497, which amended section 10211 of Title 34, Crime Control and Law Enforcement.
Amendments2013—Subsec. (b)(1)(L)(i). Pub. L. 112265, § 2(a)(1), substituted “$3,000,000” for “$2,000,000” in introductory provisions. Subsec. (b)(1)(M). Pub. L. 112265, § 2(a)(2), added subpar. (M). 2004—Subsec. (b)(2)(A), (B). Pub. L. 108199 inserted “for the Bureau of Alcohol, Tobacco, Firearms and Explosives,” after “Marshals Service,”.
Statutory Notes and Related Subsidiaries
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.
Use of Federal Training Facilities Pub. L. 109162, title XI, § 1173, Jan. 5, 2006, 119 Stat. 3124, as amended by Pub. L. 109271, § 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.”
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# 28 U.S.C. § 530D - Report on enforcement of laws
## Text
(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.
(Added Pub. L. 107273, div. A, title II, § 202(a), Nov. 2, 2002, 116 Stat. 1771.)
## Notes
Editorial Notes
References in TextSection 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.
Statutory Notes and Related Subsidiaries
Report on Policies and Determinations Made Prior to Enactment of SectionPub. L. 107273, div. A, title II, § 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 288k and 5571 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.”