28 U.S.C. § 528 — Disqualification of officers and employees

Page 207 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 529 other statute affecting the crediting of collections, the Attorney General may credit, as a discretionary offset- ting 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 ex- pended, and shall be subject to the terms and condi- tions of that fund: Provided further, That any such amounts from the fund that the Attorney General de- termines are necessary to pay, first, for the costs of processing and tracking civil and criminal debt collec- tion litigation activities, and thereafter for financial systems and for debt-collection-related personnel, ad- ministrative, and litigation expenses, in fiscal year 2020 and thereafter, shall be transferred to other appropria- tions 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 pur- poses in those appropriations accounts: Provided fur- ther, That such transfer authority is in addition to any other transfer authority provided by law: Provided fur- ther, That any transfer of funds pursuant to this sec- tion shall be treated as a reprogramming of funds under section 505 of this Act [div. B of Pub. L. 116–93, 133 Stat. 2424] and shall not be available for obligation except in compliance with the procedures set forth in that sec- tion.’’ Pub. L. 107–273, 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 sub- ject 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-col- lection-related personnel, administrative, and litiga- tion expenses.’’ CREDITING TO WORKING CAPITAL FUND OF AMOUNTS COLLECTED PURSUANT TO CIVIL DEBT COLLECTION LITIGATION ACTIVITIES Pub. L. 103–121, title I, § 108, Oct. 27, 1993, 107 Stat. 1164, as amended by Pub. L. 107–273, div. A, title II, § 204(g), Nov. 2, 2002, 116 Stat. 1776, which authorized At- torney 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 liti- gation activities of Department of Justice, and pro- vided 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 proc- essing and tracking such litigation, and, thereafter, for financial systems, and other personnel, administrative, and litigation expenses of debt collection activities, was repealed by Pub. L. 107–273, div. C, title I, § 11013(b), Nov. 2, 2002, 116 Stat. 1823. CAPITAL EQUIPMENT ACQUISITION, ETC., BY INCOME RE- TAINED FROM OR TRANSFERRED TO WORKING CAPITAL FUND; AMOUNTS AND LIMITATIONS Pub. L. 102–140, title I, Oct. 28, 1991, 105 Stat. 784, pro- vided 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 im- plementation of the Department’s financial manage- ment and payroll/personnel systems: Provided, That in fiscal year 1992, not to exceed $4,000,000 of the total in- come retained shall be used for improvements to the Department’s data processing operation: Provided fur- ther, 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 Rep- resentatives 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 fis- cal year for which funds are appropriated or otherwise made available, unobligated balances of appropriations available to the Department of Justice during such fis- cal year may be transferred into the capital account of the Working Capital Fund to be available for the de- partmentwide acquisition of capital equipment, devel- opment and implementation of law enforcement or liti- gation related automated data processing systems, and for the improvement and implementation of the De- partment’s financial management and payroll/per- sonnel systems: Provided, That any proposed use of these transferred funds in fiscal year 1992 and there- after shall only be made after notification to the Com- mittees on Appropriations of the House of Representa- tives and the Senate in accordance with section 606 of this Act.’’ § 528. Disqualification of officers and employees of the Department of Justice The Attorney General shall promulgate rules and regulations which require the disqualifica- tion of any officer or employee of the Depart- ment of Justice, including a United States at- torney or a member of such attorney’s staff, from participation in a particular investigation or prosecution if such participation may result in a personal, financial, or political conflict of interest, or the appearance thereof. Such rules and regulations may provide that a willful viola- tion of any provision thereof shall result in re- moval from office. (Added Pub. L. 95–521, title VI, § 603(a), Oct. 26, 1978, 92 Stat. 1874.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 26, 1978, see section 604 of Pub. L. 95–521, set out as a note under section 591 of this title. § 529. Annual report of Attorney General (a) Beginning on June 1, 1979, and at the begin- ning of each regular session of Congress there- after, the Attorney General shall report to Con- gress 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, em- ployee, or special employee, if such violation relates directly or indirectly to such individ- ual’s Federal Government position, employ- ment, or compensation; (2) any violation of any Federal criminal law relating to lobbying, conflict of interest, cam- paigns, and election to public office com- mitted by any person, except insofar as such violation relates to a matter involving dis- crimination or intimidation on grounds of race, color, religion, or national origin;