28 U.S.C. § 530D — Report on enforcement of laws

Page 212 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 530D AMENDMENTS 2013—Subsec. (b)(1)(L)(i). Pub. L. 112–265, § 2(a)(1), sub- stituted ‘‘$3,000,000’’ for ‘‘$2,000,000’’ in introductory provisions. Subsec. (b)(1)(M). Pub. L. 112–265, § 2(a)(2), added sub- par. (M). 2004—Subsec. (b)(2)(A), (B). Pub. L. 108–199 inserted ‘‘for the Bureau of Alcohol, Tobacco, Firearms and Ex- plosives,’’ 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 author- ized in writing by the Attorney General, or the Assist- ant Attorney General for Administration, if so dele- gated by the Attorney General, the Department of Jus- tice (and each entity within it) shall use for any pre- dominantly internal training or conference meeting only a facility that does not require a payment to a pri- vate 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 author- ized 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 fa- cility that did not require such authorization.’’ § 530D. Report on enforcement of laws (a) REPORT.— (1) IN GENERAL.—The Attorney General shall submit to the Congress a report of any in- stance in which the Attorney General or any officer of the Department of Justice— (A) establishes or implements a formal or informal policy to refrain— (i) from enforcing, applying, or admin- istering any provision of any Federal stat- ute, rule, regulation, program, policy, or other law whose enforcement, application, or administration is within the responsi- bility of the Attorney General or such offi- cer on the grounds that such provision is unconstitutional; or (ii) within any judicial jurisdiction of or within the United States, from adhering to, enforcing, applying, or complying with, any standing rule of decision (binding upon courts of, or inferior to those of, that jurisdiction) established by a final decision of any court of, or superior to those of, that jurisdiction, respecting the interpre- tation, construction, or application of the Constitution, any statute, rule, regulation, program, policy, or other law whose en- forcement, application, or administration is within the responsibility of the Attor- ney General or such officer; (B) determines— (i) to contest affirmatively, in any judi- cial, administrative, or other proceeding, the constitutionality of any provision of any Federal statute, rule, regulation, pro- gram, policy, or other law; or (ii) to refrain (on the grounds that the provision is unconstitutional) from defend- ing or asserting, in any judicial, adminis- trative, or other proceeding, the constitu- tionality of any provision of any Federal statute, rule, regulation, program, policy, or other law, or not to appeal or request review of any judicial, administrative, or other determination adversely affecting the constitutionality of any such provi- sion; or (C) approves (other than in circumstances in which a report is submitted to the Joint Committee on Taxation, pursuant to section 6405 of the Internal Revenue Code of 1986) the settlement or compromise (other than in bankruptcy) of any claim, suit, or other ac- tion— (i) against the United States (including any agency or instrumentality thereof) for a sum that exceeds, or is likely to exceed, $2,000,000, excluding prejudgment interest; or (ii) by the United States (including any agency or instrumentality thereof) pursu- ant to an agreement, consent decree, or order (or pursuant to any modification of an agreement, consent decree, or order) that provides injunctive or other non- monetary relief that exceeds, or is likely to exceed, 3 years in duration: Provided, That for purposes of this clause, the term ‘‘injunctive or other nonmonetary relief’’ shall not be understood to include the fol- lowing, where the same are a matter of public record— (I) debarments, suspensions, or other exclusions from Government contracts or grants; (II) mere reporting requirements or agreements (including sanctions for fail- ure to report); (III) requirements or agreements mere- ly to comply with statutes or regula- tions; (IV) requirements or agreements to surrender professional licenses or to cease the practice of professions, occupa- tions, or industries; (V) any criminal sentence or any re- quirements or agreements to perform community service, to serve probation, or to participate in supervised release from detention, confinement, or prison; or (VI) agreements to cooperate with the government in investigations or prosecu- tions (whether or not the agreement is a matter of public record). (2) SUBMISSION OF REPORT TO THE CONGRESS.— For the purposes of paragraph (1), a report shall be considered to be submitted to the Congress if the report is submitted to— (A) the majority leader and minority lead- er of the Senate; Page 213 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 530D (B) the Speaker, majority leader, and mi- nority leader of the House of Representa- tives; (C) the chairman and ranking minority member of the Committee on the Judiciary of the House of Representatives and the chairman and ranking minority member of the Committee on the Judiciary of the Sen- ate; and (D) the Senate Legal Counsel and the Gen- eral Counsel of the House of Representa- tives. (b) DEADLINE.—A report shall be submitted— (1) under subsection (a)(1)(A), not later than 30 days after the establishment or implemen- tation of each policy; (2) under subsection (a)(1)(B), within such time as will reasonably enable the House of Representatives and the Senate to take ac- tion, separately or jointly, to intervene in timely fashion in the proceeding, but in no event later than 30 days after the making of each determination; and (3) under subsection (a)(1)(C), not later than 30 days after the conclusion of each fiscal-year quarter, with respect to all approvals occur- ring in such quarter. (c) CONTENTS.—A report required by sub- section (a) shall— (1) specify the date of the establishment or implementation of the policy described in sub- section (a)(1)(A), of the making of the deter- mination described in subsection (a)(1)(B), or of each approval described in subsection (a)(1)(C); (2) include a complete and detailed state- ment of the relevant issues and background (including a complete and detailed statement of the reasons for the policy or determination, and the identity of the officer responsible for establishing or implementing such policy, making such determination, or approving such settlement or compromise), except that— (A) such details may be omitted as may be absolutely necessary to prevent improper disclosure of national-security- or classified information, of any information subject to the deliberative-process-, executive-, attor- ney-work-product-, or attorney-client privi- leges, or of any information the disclosure of which is prohibited by section 6103 of the In- ternal Revenue Code of 1986, or other law or any court order if the fact of each such omis- sion (and the precise ground or grounds therefor) is clearly noted in the statement: Provided, That this subparagraph shall not be construed to deny to the Congress (in- cluding any House, Committee, or agency thereof) any such omitted details (or related information) that it lawfully may seek, sub- sequent to the submission of the report; and (B) the requirements of this paragraph shall be deemed satisfied— (i) in the case of an approval described in subsection (a)(1)(C)(i), if an unredacted copy of the entire settlement agreement and consent decree or order (if any) is pro- vided, along with a statement indicating the legal and factual basis or bases for the settlement or compromise (if not apparent on the face of documents provided); and (ii) in the case of an approval described in subsection (a)(1)(C)(ii), if an unredacted copy of the entire settlement agreement and consent decree or order (if any) is pro- vided, along with a statement indicating the injunctive or other nonmonetary relief (if not apparent on the face of documents provided); and (3) in the case of a determination described in subsection (a)(1)(B) or an approval described in subsection (a)(1)(C), indicate the nature, tri- bunal, identifying information, and status of the proceeding, suit, or action. (d) DECLARATION.—In the case of a determina- tion described in subsection (a)(1)(B), the rep- resentative of the United States participating in the proceeding shall make a clear declaration in the proceeding that any position expressed as to the constitutionality of the provision involved is the position of the executive branch of the Federal Government (or, as applicable, of the President or of any executive agency or military department). (e) APPLICABILITY TO THE PRESIDENT AND TO EXECUTIVE AGENCIES AND MILITARY DEPART- MENTS.—The reporting, declaration, and other provisions of this section relating to the Attor- ney General and other officers of the Depart- ment of Justice shall apply to the President (but only with respect to the promulgation of any unclassified Executive order or similar memo- randum or order), to the head of each executive agency or military department (as defined, re- spectively, in sections 105 and 102 of title 5, United States Code) that establishes or imple- ments a policy described in subsection (a)(1)(A) or is authorized to conduct litigation, and to the officers of such executive agency. (Added Pub. L. 107–273, div. A, title II, § 202(a), Nov. 2, 2002, 116 Stat. 1771.) Editorial Notes REFERENCES IN TEXT Section 6405 of the Internal Revenue Code of 1986, re- ferred to in subsec. (a)(1)(C), is classified to section 6405 of Title 26, Internal Revenue Code. Section 6103 of the Internal Revenue Code of 1986, re- ferred to in subsec. (c)(2)(A), is classified to section 6103 of Title 26, Internal Revenue Code. Statutory Notes and Related Subsidiaries REPORT ON POLICIES AND DETERMINATIONS MADE PRIOR TO ENACTMENT OF SECTION Pub. L. 107–273, div. A, title II, § 202(b)(3), (4), Nov. 2, 2002, 116 Stat. 1774, provided that: ‘‘(3) Not later than 30 days after the date of the enact- ment of this Act [Nov. 2, 2002], the President shall ad- vise the head of each executive agency or military de- partment (as defined, respectively, in sections 105 and 102 of title 5, United States Code) of the enactment of this section [enacting this section and amending sec- tions 288k and 5571 of Title 2, The Congress]. ‘‘(4)(A) Not later than 90 days after the date of the en- actment of this Act [Nov. 2, 2002], the Attorney General (and, as applicable, the President, and the head of any executive agency or military department described in subsection (e) of section 530D of title 28, United States Code, as added by subsection (a)) shall submit to Con- gress a report (in accordance with subsections (a), (c), and (e) of such section) on— Page 214 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 531 ‘‘(i) all policies of which the Attorney General and applicable official are aware described in subsection (a)(1)(A) of such section that were established or im- plemented before the date of the enactment of this Act and were in effect on such date; and ‘‘(ii) all determinations of which the Attorney Gen- eral and applicable official are aware described in subsection (a)(1)(B) of such section that were made before the date of the enactment of this Act and were in effect on such date. ‘‘(B) If a determination described in subparagraph (A)(ii) relates to any judicial, administrative, or other proceeding that is pending in the 90-day period begin- ning on the date of the enactment of this Act [Nov. 2, 2002], with respect to any such determination, then the report required by this paragraph shall be submitted within such time as will reasonably enable the House of Representatives and the Senate to take action, sepa- rately or jointly, to intervene in timely fashion in the proceeding, but not later than 30 days after the date of the enactment of this Act.’’ CHAPTER 33—FEDERAL BUREAU OF INVESTIGATION Sec. 531. Federal Bureau of Investigation. 532. Director of the Federal Bureau of Investiga- tion. 533. Investigative and other officials; appoint- ment. 534. Acquisition, preservation, and exchange of identification records and information; ap- pointment of officials. 535. Investigation of crimes involving Govern- ment officers and employees; limitations. 536. Positions in excepted service. 537. Expenses of unforeseen emergencies of a con- fidential character. 538. Investigation of aircraft piracy and related violations. 539. Counterintelligence official reception and representation expenses. 540. Investigation of felonious killings of State or local law enforcement officers. 540A. Investigation of violent crimes against trav- elers. 540B. Investigation of serial killings. 540C. FBI police. 540D. Multidisciplinary teams. Editorial Notes AMENDMENTS 2023—Pub. L. 117–354, § 2(b), Jan. 5, 2023, 136 Stat. 6274, added item 540D. 2003—Pub. L. 108–177, title III, § 361(m)(2), Dec. 13, 2003, 117 Stat. 2626, which directed amendment of table of sections by striking the item relating to section 540C, was executed by striking out item 540C relating to an- nual report on activities of Federal Bureau of Inves- tigation personnel outside the United States to reflect the probable intent of Congress, because corresponding section was repealed. 2002—Pub. L. 107–306, title VIII, § 824(b), Nov. 27, 2002, 116 Stat. 2429, added item 540C relating to annual report on activities of Federal Bureau of Investigation per- sonnel outside the United States. Pub. L. 107–273, div. B, title IV, § 4003(b)(7), (8), div. C, title I, § 11024(b), Nov. 2, 2002, 116 Stat. 1812, 1831, in- serted ‘‘the’’ after ‘‘of’’ in item 532, substituted ‘‘char- acter’’ for ‘‘nature’’ in item 537, and added item 540C re- lating to FBI police. 1998—Pub. L. 105–314, title VII, § 701(b), Oct. 30, 1998, 112 Stat. 2987, added item 540B. 1994—Pub. L. 103–322, title XXXII, § 320916(b), Sept. 13, 1994, 108 Stat. 2129, added item 540A. Pub. L. 103–272, § 4(e)(2), July 5, 1994, 108 Stat. 1361, added item 538. 1988—Pub. L. 100–690, title VII, § 7331(b), Nov. 18, 1988, 102 Stat. 4468, added item 540. 1986—Pub. L. 99–569, title IV, § 401(b), Oct. 27, 1986, 100 Stat. 3195, added item 539. 1982—Pub. L. 97–292, § 3(b), Oct. 12, 1982, 96 Stat. 1260, inserted ‘‘and information’’ after ‘‘identification records’’ in item 534. 1966—Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 616, substituted ‘‘FEDERAL BUREAU OF INVESTIGA- TION’’ for ‘‘UNITED STATES MARSHALS’’ in chapter heading, added items 531 to 537, and struck out items 541 to 556. § 531. Federal Bureau of Investigation The Federal Bureau of Investigation is in the Department of Justice. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 616.) HISTORICAL AND REVISION NOTES The section is supplied for convenience and clarifica- tion. The Bureau of Investigation in the Department of Justice, the earliest predecessor agency of the Federal Bureau of Investigation, was created administratively in 1908. It appears that funds used for the Bureau of In- vestigation were first obtained through the Depart- ment of Justice Appropriation Act of May 22, 1908, ch. 186, § 1 (par. beginning ‘‘From the appropriations for the prosecution of crimes’’), 35 Stat. 236, although that statutory provision makes no express mention of the Bureau or of the investigative function. Section 3 of Executive Order No. 6166 of June 10, 1933, specifically recognized the Bureau of Investigation in the Department of Justice and provided that all that Bureau’s functions together with the investigative functions of the Bureau of Prohibition were ‘‘trans- ferred to and consolidated in a Division of Investiga- tion in the Department of Justice, at the head of which shall be a Director of Investigation.’’ The Division of Investigation was first designated as the ‘‘Federal Bureau of Investigation’’ by the Act of Mar. 22, 1935, ch. 39, title II, 49 Stat. 77, and has been so designated in statutes since that date. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the Federal Bureau of Investigation, includ- ing the functions of the Attorney General relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(3) and sections 121(g)(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. FORCED LABOR REQUIREMENTS: DEPARTMENT OF JUSTICE Pub. L. 117–347, title IV, § 406(a), Jan. 5, 2023, 136 Stat. 6209, provided that: ‘‘(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act [Jan. 5, 2023], the Attor- ney General shall establish a team of not less than 10 agents within the Federal Bureau of Investigation to be assigned to exclusively investigate labor trafficking. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out paragraph (1) $2,000,000 for each of fiscal years 2022 to 2027, to re- main available until expended.’’ ENTERPRISE ARCHITECTURE Pub. L. 108–458, title VIII, § 8402, Dec. 17, 2004, 118 Stat. 3869, provided that: ‘‘(a) ENTERPRISE ARCHITECTURE DEFINED.—In this sec- tion, the term ‘enterprise architecture’ means a de-