28 U.S.C. § 530C: Authority to use available…

Summary

The Attorney General may decide how the Department of Justice uses its people, money, and other resources, unless another law says otherwise. The Department can do work with its own staff, share or borrow staff with other federal agencies, make reimbursable deals with other agencies, hire contractors or grantees, and use other lawful methods. DOJ money can pay for many things, including vehicles (even police-type vehicles), insurance for vehicles/boats/aircraft overseas, experts and private lawyers at the federal daily rate, official receptions, secret emergency expenses under the AG’s control, travel, training, non‑U.S. interpreters, uniforms, schooling and transport for dependents abroad when needed, and rewards for information. Rewards generally cannot exceed $3,000,000 unless for terrorism or another law allows more; any reward of $250,000 or more needs personal approval by the Attorney General or the President, and the AG must notify certain Congressional committee leaders within 30 days after such approval. The AG may help state or local officials investigate shootings in public places and “mass killings” (defined here as 3 or more killings); “place of public use” is defined in another law (18 U.S.C. 2332f(e)(6)). Certain agencies may use DOJ funds for specific items: aircraft and boats for law enforcement, ammunition and firearms (and competitions) for several law enforcement components, and construction and upkeep of DOJ buildings and facilities. Funds may cover witness fees and protected witness safe sites, full FBI activities, certain Immigration and Naturalization Service needs (like fences, travel advances for aliens, refunds, and tracking lost persons), Federal Prison System needs (medical and legal services for inmates, farm purchases, land, and prison construction, but not sexually explicit materials for prisoners), and Detention Trustee detention functions. Lawyers paid by DOJ must be licensed to practice in a U.S. state, territory, or D.C. Reimbursements to government units can be used by the receiving unit. Reimbursements from friendly foreign countries for joint projects may be credited to DOJ accounts but only used to pay that country’s share. The AG may set and collect a fee for railroad police to attend an FBI training program and may seek and credit payments for warranty work done at DOJ facilities.

Title 28, §530C

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)In General.—

Except to the extent provided otherwise by law, the activities of the Department of Justice (including any bureau, office, board, division, commission, subdivision, unit, or other component thereof) may, in the reasonable discretion of the Attorney General, be carried out through any means, including—

(1)through the Department’s own personnel, acting within, from, or through the Department itself;

(2)by sending or receiving details of personnel to other branches or agencies of the Federal Government, on a reimbursable, partially-reimbursable, or nonreimbursable basis;

(3)through reimbursable agreements with other Federal agencies for work, materials, or equipment;

(4)through contracts, grants, or cooperative agreements with non-Federal parties; and

(5)as provided in subsection (b), in section 524, and in any other provision of law consistent herewith, including, without limitation, section 102(b) of Public Law 102–395 (106 Stat. 1838), as incorporated by section 815(d) of Public Law 104–132 (110 Stat. 1315).

(b)Permitted Uses.—

(1)General permitted uses.—

Funds available to the Attorney General (i.e., all funds available to carry out the activities described in subsection (a)) may be used, without limitation, for the following:

(A)The purchase, lease, maintenance, and operation of passenger motor vehicles, or police-type motor vehicles for law enforcement purposes, without regard to general purchase price limitation for the then-current fiscal year.

(B)The purchase of insurance for motor vehicles, boats, and aircraft operated in official Government business in foreign countries.

(C)Services of experts and consultants, including private counsel, as authorized by section 3109 of title 5, and at rates of pay for individuals not to exceed the maximum daily rate payable from time to time under section 5332 of title 5.

(D)Official reception and representation expenses (i.e., official expenses of a social nature intended in whole or in predominant part to promote goodwill toward the Department or its missions, but excluding expenses of public tours of facilities of the Department of Justice), in accordance with distributions and procedures established, and rules issued, by the Attorney General, and expenses of public tours of facilities of the Department of Justice.

(E)Unforeseen emergencies of a confidential character, to be expended under the direction of the Attorney General and accounted for solely on the certificate of the Attorney General.

(F)Miscellaneous and emergency expenses authorized or approved by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or the Assistant Attorney General for Administration.

(G)In accordance with procedures established and rules issued by the Attorney General—

(i)attendance at meetings and seminars;

(ii)conferences and training; and

(iii)advances of public moneys under section 3324 of title 31: Provided, That travel advances of such moneys to law enforcement personnel engaged in undercover activity shall be considered to be public money for purposes of section 3527 of title 31.

(H)Contracting with individuals for personal services abroad, except that such individuals shall not be regarded as employees of the United States for the purpose of any law administered by the Office of Personnel Management.

(I)Payment of interpreters and translators who are not citizens of the United States, in accordance with procedures established and rules issued by the Attorney General.

(J)Expenses or allowances for uniforms as authorized by section 5901 of title 5, but without regard to the general purchase price limitation for the then-current fiscal year.

(K)Expenses of—

(i)primary and secondary schooling for dependents of personnel stationed outside the United States at cost not in excess of those authorized by the Department of Defense for the same area, when it is determined by the Attorney General that schools available in the locality are unable to provide adequately for the education of such dependents; and

(ii)transportation of those dependents between their place of residence and schools serving the area which those dependents would normally attend when the Attorney General, under such regulations as he may prescribe, determines that such schools are not accessible by public means of transportation.

(L)payment of rewards (i.e., payments pursuant to public advertisements for assistance to the Department of Justice), in accordance with procedures and regulations established or issued by the Attorney General: Provided, That—

(i)no such reward shall exceed $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 section 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)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)

(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)

(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)

(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)

(B)the purchase and exchange of farm products and livestock;

(C)the acquisition of land as provided in section 4010 of title 18; and

(D)the construction of buildings and facilities for penal and correctional institutions (including prison camps), by contract or force account, including the payment of United States prisoners for their work performed in any such construction;

except that no funds may be used to distribute or make available to a prisoner any commercially published information or material that is sexually explicit or features nudity.

(7)Detention trustee.—

Funds available to the Attorney General for the Detention Trustee may be used for all the activities of such Trustee in the exercise of all power and functions authorized by law relating to the detention of Federal prisoners in non-Federal institutions or otherwise in the custody of the United States Marshals Service and to the detention of aliens in the custody of the Immigration and Naturalization Service, including the overseeing of construction of detention facilities or for housing related to such detention, the management of funds appropriated to the Department for the exercise of detention functions, and the direction of the United States Marshals Service and Immigration Service with respect to the exercise of detention policy setting and operations for the Department of Justice.

(c)Related Provisions.—

(1)Limitation of compensation of individuals employed as attorneys.—

No funds available to the Attorney General may be used to pay compensation for services provided by an individual employed as an attorney (other than an individual employed to provide services as a foreign attorney in special cases) unless such individual is duly licensed and authorized to practice as an attorney under the law of a State, a territory of the United States, or the District of Columbia.

(2)Reimbursements paid to governmental entities.—

Funds available to the Attorney General that are paid as reimbursement to a governmental unit of the Department of Justice, to another Federal entity, or to a unit of State or local government, may be used under authorities available to the unit or entity receiving such reimbursement.

(d)Foreign Reimbursements.—

Whenever the Department of Justice or any component participates in a cooperative project to improve law enforcement or national security operations or services with a friendly foreign country on a cost-sharing basis, any reimbursements or contributions received from that foreign country to meet its share of the project may be credited to appropriate current appropriations accounts of the Department of Justice or any component. The amount of a reimbursement or contribution credited shall be available only for payment of the share of the project expenses allocated to the participating foreign country.

(e)Railroad Police Training Fees.—

The Attorney General is authorized to establish and collect a fee to defray the costs of railroad police officers participating in a Federal Bureau of Investigation law enforcement training program authorized by Public Law 106–110, and to credit such fees to the appropriation account “Federal Bureau of Investigation, Salaries and Expenses”, to be available until expended for salaries and expenses incurred in providing such services.

(f)Warranty Work.—

In instances where the Attorney General determines that law enforcement-, security-, or mission-related considerations mitigate against obtaining maintenance or repair services from private sector entities for equipment under warranty, the Attorney General is authorized to seek reimbursement from such entities for warranty work performed at Department of Justice facilities, and to credit any payment made for such work to any appropriation charged therefor.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 102(b) of Public Law 102–395, referred to in subsec. (a)(5), is section 102(b) of Pub. L. 102–395, title I, Oct. 6, 1992, 106 Stat. 1838, which is set out as a note under section 533 of this title. section 815(d) of Public Law 104–132, referred to in subsec. (a)(5), is section 815(d) of Pub. L. 104–132, title VIII, Apr. 24, 1996, 110 Stat. 1315, which is set out as a note under section 533 of this title. Public Law 106–110, referred to in subsec. (e), is Pub. L. 106–110, Nov. 24, 1999, 113 Stat. 1497, which amended section 10211 of Title 34, Crime Control and Law

Enforcement

Amendments

2013—Subsec. (b)(1)(L)(i). Pub. L. 112–265, § 2(a)(1), substituted “$3,000,000” for “$2,000,000” in introductory provisions. Subsec. (b)(1)(M). Pub. L. 112–265, § 2(a)(2), added subpar. (M). 2004—Subsec. (b)(2)(A), (B). Pub. L. 108–199 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. 109–162, title XI, § 1173, Jan. 5, 2006, 119 Stat. 3124, as amended by Pub. L. 109–271, § 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.”

§530C Authority to Use Available Funds

Summary

Title 28, §530C

Notes & Related Subsidiaries

Editorial Notes

References in Text

Enforcement

Amendments

Statutory Notes and Related Subsidiaries

Transfer of Functions

Transfer of Functions

Citations & Metadata