28 U.S.C. § 527 — Establishment of working capital fund

Page 206 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 527 (2) at the request and on behalf of the Direc- tor 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 mag- istrate 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 At- torney General at any time. (b) Appropriations for the examination of judi- cial officers are available for carrying out this section. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 615; amended Pub. L. 95–598, title II, §§ 219(a), (b), 220, Nov. 6, 1978, 92 Stat. 2662; Pub. L. 99–554, title I, § 144(c), Oct. 27, 1986, 100 Stat. 3096; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 107–273, div. B, title IV, § 4003(b)(2), Nov. 2, 2002, 116 Stat. 1811.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 341b. July 28, 1950, ch. 503, § 4, 64 Stat. 380. July 7, 1958, Pub. L. 85–508, § 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. 95–598, title IV, § 408(c), Nov. 6, 1978, 92 Stat. 2687, as amended by Pub. L. 98–166, title II, § 200, Nov. 28, 1983, 97 Stat. 1081; Pub. L. 98–353, title III, § 323, July 10, 1984, 98 Stat. 358; Pub. L. 99–429, Sept. 30, 1986, 100 Stat. 985; Pub. L. 99–500, § 101(b) [title II, § 200], Oct. 18, 1986, 100 Stat. 1783–39, 1783–45, and Pub. L. 99–591, § 101(b) [title II, § 200], Oct. 30, 1986, 100 Stat. 3341–39, 3341–45; Pub. L. 99–554, 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. 99–554, title III, § 307(b), Oct. 27, 1986, 100 Stat. 3125. AMENDMENTS 2002—Pub. L. 107–273, § 4003(b)(2)(A), struck out ‘‘and’’ before ‘‘trustees’’ in section catchline. Subsec. (a)(1). Pub. L. 107–273, § 4003(b)(2)(B), sub- stituted ‘‘marshals,’’ for ‘‘marshals,,’’. 1986—Pub. L. 99–554, § 144(c)(1), substituted ‘‘trustees’’ for ‘‘trustee’’ in section catchline. Subsec. (a)(1). Pub. L. 99–554, § 144(c)(2)(A), inserted reference to trustees in cases under title 11. Subsec. (a)(2). Pub. L. 99–554, § 144(c)(2)(B), struck out references to courts of the Canal Zone and trustees in cases under title 11. 1978—Pub. L. 95–598, § 219(b), substituted ‘‘marshals, and trustee’’ for ‘‘and marshals’’ in section catchline. Subsec. (a)(1). Pub. L. 95–518, § 219(a), substituted ‘‘marshals, and trustees’’ for ‘‘and marshals’’. Subsec. (a)(2). Pub. L. 95–598, § 220, substituted ‘‘offi- cers, trustees in cases under title 11’’ for ‘‘officers, ref- erees, trustees and receivers in bankruptcy’’ and ‘‘mag- istrates’’ 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. 101–650, set out as a note under section 631 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–554 effective 30 days after Oct. 27, 1986, see section 302(a) of Pub. L. 99–554, set out as a note under section 581 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95–598, set out as an Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. § 527. Establishment of working capital fund There is hereby authorized to be established a working capital fund for the Department of Jus- tice, 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 Man- agement and Budget, determines may be per- formed 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 in- ventories on order pertaining to the services to be carried on by the fund as the Attorney Gen- eral may transfer to the fund less related liabil- ities and unpaid obligations together with any appropriations made for the purpose of pro- viding 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, mate- rials, and services; and (2) federally recognized tribes for supplies, materials, and services re- lated to access to Federal law enforcement data- bases; 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. 93–613, § 1(1), Jan. 2, 1975, 88 Stat. 1975; amended Pub. L. 116–260, div. B, title II, § 219, Dec. 27, 2020, 134 Stat. 1265.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–260, in third sentence, inserted ‘‘: (1)’’ before ‘‘the Department’’ and ‘‘; and (2) feder- ally recognized tribes for supplies, materials, and serv- ices related to access to Federal law enfor cement databases;’’ after ‘‘and services’’. Statutory Notes and Related Subsidiaries DEBT COLLECTION IMPROVEMENT Pub. L. 116–93, 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 107–273 [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 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;