Title 28 › PART II — DEPARTMENT OF JUSTICE › CHAPTER 31 — THE ATTORNEY GENERAL › § 530D
Requires the Attorney General and certain federal officials to tell Congress when they do three things: refuse to enforce a federal law because they think it is unconstitutional, formally challenge a law’s constitutionality in a case, or approve a big settlement or a court order that lasts a long time. The money cutoff for reports is $2,000,000 (not counting prejudgment interest). The time cutoff for nonmoney relief is 3 years. Routine actions like debarments, simple reporting duties, ordinary compliance orders, giving up a license, criminal sentences or probation, and cooperation agreements do not count as long nonmoney relief. Reports must go to the leaders of both Houses (Senate majority and minority leaders; Speaker and House majority and minority leaders), the chairs and ranking members of the House and Senate Judiciary Committees, the Senate Legal Counsel, and the House General Counsel. Reports about new policies must be sent within 30 days. Reports about challenging a law must be sent in time to let Congress try to join the case, but no later than 30 days after the decision. Settlement reports must be sent within 30 days after each fiscal-year quarter for approvals in that quarter. Reports must give the date, a detailed explanation and the responsible official’s name. Classified or privileged details can be left out but the report must say why they were omitted. For large settlements, an unredacted agreement and a statement of its legal basis or the injunctive terms must be provided. In court, the U.S. lawyer must clearly say that any position about constitutionality is the executive branch’s view. The rules also apply to the President for unclassified executive orders and to heads and lawyers of executive agencies and military departments.
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Judiciary and Judicial Procedure, Source: USLM XML via OLRC
Legislative History
Reference
Citation
28 U.S.C. § 530D
Title 28, Judiciary and Judicial Procedure
Last Updated
Sep 22, 2026
Release point: 119-110