28 U.S.C. § 526 — Authority of Attorney General to inves-

Page 205 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 526 ‘‘(A) reestablishing the operational capability of an office or facility that has been damaged or de- stroyed as the result of any domestic or inter- national terrorism incident; ‘‘(B) providing support to counter, investigate, or prosecute domestic or international terrorism, in- cluding, without limitation, paying rewards in con- nection with these activities; and ‘‘(C) conducting terrorism threat assessments of Federal agencies and their facilities; and ‘‘(2) to reimburse any department or agency of the Federal Government for any costs incurred in connec- tion with detaining in foreign countries individuals accused of acts of terrorism that violate the laws of the United States. ‘‘(b) NO EFFECT ON PRIOR APPROPRIATIONS.—Sub- section (a) shall not be construed to affect the amount or availability of any appropriation to the Counterterrorism Fund made before the date of the en- actment of this Act [Oct. 26, 2001].’’ Pub. L. 104–19, title III, July 27, 1995, 109 Stat. 249, provided that: ‘‘There is hereby established the Counterterrorism Fund which shall remain available without fiscal year limitation. For necessary expenses, as determined by the Attorney General, $34,220,000, to remain available until expended, is appropriated to the Counterterrorism Fund to reimburse any Department of Justice organization for the costs incurred in rees- tablishing the operational capability of an office or fa- cility which has been damaged or destroyed as the re- sult of the bombing of the Alfred P. Murrah Federal Building in Oklahoma City or any domestic or inter- national terrorism event: Provided, That funds from this appropriation also may be used to reimburse the appropriation account of any Department of Justice agency engaged in, or providing support to, countering, investigating or prosecuting domestic or international terrorism, including payment of rewards in connection with these activities, and to conduct a terrorism threat assessment of Federal agencies and their facilities: Pro- vided further, That any amount obligated from appro- priations under this heading may be used under the au- thorities available to the organization reimbursed from this appropriation: Provided further, That amounts in excess of the $10,555,000 made available for extraor- dinary expenses incurred in the Oklahoma City bomb- ing for fiscal year 1995, shall be available only after the Attorney General notifies the Committees on Appro- priations of the House of Representatives and the Sen- ate in accordance with section 605 of Public Law 103–317 [108 Stat. 1773]: Provided further, That the entire amount is designated by Congress as an emergency re- quirement pursuant to [former] section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 [former 2 U.S.C. 901(b)(2)(D)(i)], as amended: Provided further, That the amount not previously des- ignated by the President as an emergency requirement shall be available only to the extent an official budget request, for a specific dollar amount that includes des- ignation of the entire amount of the request as an emergency requirement, as defined in the Balanced Budget and Emergency Deficit Control Act of 1985 [see Short Title note set out under 2 U.S.C. 900], as amend- ed, is transmitted to Congress.’’ UNAUTHORIZED TRANSFERS FROM DEPARTMENT OF JUS- TICE ACCOUNTS; CONTROL OF ALLOCATION OF FUNDS BY AUTHORITY OTHER THAN OFFICE OF MANAGEMENT AND BUDGET OR DEPARTMENT OF JUSTICE Section 110 of H.R. 2076, One Hundred Fourth Con- gress, as passed by the House of Representatives on Dec. 6, 1995, and as enacted into law by Pub. L. 104–91, title I, § 101(a), Jan. 6, 1996, 110 Stat. 11, as amended by Pub. L. 104–99, title II, § 211, Jan. 26, 1996, 110 Stat. 37, provided that: ‘‘Hereafter, notwithstanding any other provision of law— ‘‘(1) No transfers may be made from Department of Justice accounts other than those authorized in this Act [probably means H.R. 2076, One Hundred Fourth Congress, which was vetoed], or in previous or subse- quent appropriations Acts for the Department of Jus- tice, or in part II of title 28 of the United States Code, or in section 10601 of title 42 of the United States Code [now 34 U.S.C. 20101]; and ‘‘(2) No appropriation account within the Depart- ment of Justice shall have its allocation of funds con- trolled by other than an apportionment issued by the Office of Management and Budget or an allotment ad- vice issued by the Department of Justice.’’ Similar provisions were contained in the following prior appropriation act: Pub. L. 103–317, title I, § 113, Aug. 26, 1994, 108 Stat. 1736. USE OF DEPOSITS TRANSFERRED FROM ASSETS FOR- FEITURE FUND TO BUILDINGS AND FACILITIES AC- COUNT OF FEDERAL PRISON SYSTEM Pub. L. 103–121, title I, § 106, Oct. 27, 1993, 107 Stat. 1163, provided that: ‘‘For fiscal year 1994 and thereafter, deposits transferred from the Assets Forfeiture Fund to the Buildings and Facilities account of the Federal Prison System may be used for the construction of cor- rectional institutions, and the construction and ren- ovation of Immigration and Naturalization Service and United States Marshals Service detention facilities, and for the authorized purposes of the Cooperative Agreement Program.’’ [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.] Similar provisions were contained in the following prior appropriation acts: Pub. L. 102–395, title I, § 107, Oct. 6, 1992, 106 Stat. 1841. Pub. L. 102–140, title I, § 107, Oct. 28, 1991, 105 Stat. 794. Pub. L. 101–515, title II, § 208, Nov. 5, 1990, 104 Stat. 2119. Pub. L. 101–162, title II, as added Pub. L. 101–302, title II, May 25, 1990, 104 Stat. 216. NOTICE AND APPROVAL OF TRANSFER OF SUBSECTION (c)(1)(H) DEPOSITS Pub. L. 100–202, § 101(a) [title II, § 210(b)], Dec. 22, 1987, 101 Stat. 1329, 1329–18, provided that: ‘‘Amounts pro- posed for transfer pursuant to subsection (a) [amending this section] shall be transferred only upon notification by the Attorney General to the Committees on Appro- priations of the House of Representatives and the Sen- ate and approval under said Committees’ policies con- cerning the reprogramming of funds.’’ § 525. Procurement of law books, reference books, and periodicals; sale and exchange 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. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 615.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes 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’’. § 526. Authority of Attorney General to inves- tigate United States attorneys, marshals, trustees, clerks of court, and others (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 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