28 U.S.C. § 509 — Functions of the Attorney General

Page 172 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 507A Editorial Notes PRIOR PROVISIONS A prior section 507, acts June 25, 1948, ch. 646, 62 Stat. 910; May 24, 1949, ch. 139, § 71, 63 Stat. 100, related to du- ties of United States attorneys, and to supervision by the Attorney General, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in sections 509 and 547 of this title by section 4(c) of Pub. L. 89–554. AMENDMENTS 1999—Subsec. (c). Pub. L. 106–113 added subsec. (c). § 507A. Assistant Attorney General for National Security (a) Of the Assistant Attorneys General ap- pointed under section 506, one shall serve, upon the designation of the President, as the Assist- ant Attorney General for National Security. (b) The Assistant Attorney General for Na- tional Security shall— (1) serve as the head of the National Secu- rity Division of the Department of Justice under section 509A of this title; (2) serve as primary liaison to the Director of National Intelligence for the Department of Justice; and (3) perform such other duties as the Attor- ney General may prescribe. (Added Pub. L. 109–177, title V, § 506(a)(1), Mar. 9, 2006, 120 Stat. 247.) § 508. Vacancies (a) In case of a vacancy in the office of Attor- ney General, or of his absence or disability, the Deputy Attorney General may exercise all the duties of that office, and for the purpose of sec- tion 3345 of title 5 the Deputy Attorney General is the first assistant to the Attorney General. (b) When by reason of absence, disability, or vacancy in office, neither the Attorney General nor the Deputy Attorney General is available to exercise the duties of the office of Attorney Gen- eral, the Associate Attorney General shall act as Attorney General. The Attorney General may designate the Solicitor General and the Assist- ant Attorneys General, in further order of suc- cession, to act as Attorney General. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 95–139, § 2, Oct. 19, 1977, 91 Stat. 1171.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... [Uncodified]. R.S. § 347 (last sentence). 1953 Reorg. Plan No. 4, § 1, eff. June 20, 1953, 67 Stat. 636. The last sentence of R.S. § 347 is cited as authority in- asmuch as the function contained therein was the func- tion transferred to the Deputy Attorney General by 1953 Reorg. Plan No. 4. The word ‘‘may’’ is substituted for ‘‘have the power’’. The words ‘‘During any period of time’’ are omitted as unnecessary. Editorial Notes PRIOR PROVISIONS A prior section 508, acts June 25, 1948, ch. 646, 62 Stat. 910; Mar. 2, 1955, ch. 9, § 2(a), 69 Stat. 10; Oct. 11, 1962, Pub. L. 87–793, § 1003(a), 76 Stat. 865; Aug. 14, 1964, Pub. L. 88–426, title III, § 306(a)(1), 78 Stat. 428; Oct. 6, 1964, Pub. L. 88–631, § 3(b), 78 Stat. 1008, related to salaries of United States attorneys, assistant United States attor- neys, and special attorneys, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 548 of this title by section 4(c) of Pub. L. 89–554. AMENDMENTS 1977—Subsec. (b). Pub. L. 95–139 substituted ‘‘the As- sociate Attorney General shall act as Attorney Gen- eral. The Attorney General may designate the Solicitor General and the Assistant Attorneys General, in fur- ther order of succession, to act as Attorney General’’ for ‘‘the Assistant Attorneys General and the Solicitor General, in such order of succession as the Attorney General may from time to time prescribe, shall act as Attorney General’’. § 509. Functions of the Attorney General All functions of other officers of the Depart- ment of Justice and all functions of agencies and employees of the Department of Justice are vested in the Attorney General except the func- tions— (1) vested by subchapter II of chapter 5 of title 5 in administrative law judges employed by the Department of Justice; (2) of the Federal Prison Industries, Inc.; and (3) of the Board of Directors and officers of the Federal Prison Industries, Inc. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 612; amended Pub. L. 95–251, § 2(a)(6), Mar. 27, 1978, 92 Stat. 183; Pub. L. 98–473, title II, § 228(a), Oct. 12, 1984, 98 Stat. 2030; Pub. L. 107–273, div. A, title II, § 204(d), div. B, title IV, § 4003(b)(1), Nov. 2, 2002, 116 Stat. 1776, 1811.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... [Uncodified]. 1950 Reorg. Plan No. 2, § 1, eff. May 24, 1950, 64 Stat. 1261. The section is restated to allow incorporation into this chapter. [The Historical and Revision Notes for former section 507, from which this section is partially derived, is set out under section 547 of this title.] Editorial Notes PRIOR PROVISIONS A prior section 509, act June 25, 1948, ch. 646, 62 Stat. 910, related to expenses of United States attorneys, prior to repeal by Pub. L. 89–554, § 8(a), and reenactment in section 549 of this title by section 4(c) of Pub. L. 89–554. AMENDMENTS 2002—Par. (3). Pub. L. 107–273, §§ 204(d), 4003(b)(1), amended par. (3) identically, striking out second period at end. 1984—Pub. L. 98–473 inserted ‘‘and’’ at end of par. (2), substituted a period for ‘‘; and’’ at end of par. (3), and struck out par. (4) which related to functions of Board of Parole. 1978—Par. (1). Pub. L. 95–251 substituted ‘‘administra- tive law judges’’ for ‘‘hearing examiners’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–473, title II, § 235(a)(1)(B)(ii)(IV), Oct. 12, 1984, 98 Stat. 2032, provided that the amendment made by Pub. L. 98–473 is effective Oct. 12, 1984. Page 173 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 509 SHORT TITLE OF 2016 AMENDMENT Pub. L. 114–325, § 1, Dec. 16, 2016, 130 Stat. 1965, pro- vided that: ‘‘This Act [amending provisions set out as a note under this section] may be cited as the ‘Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016’.’’ TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the Domestic Emergency Support Teams of the Department of Justice, including the functions of the Attorney General relating thereto, to the Secretary of Homeland Security, and for treatment of related ref- erences, see former section 313(4) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, set out as a note under section 542 of Title 6. PROHIBITION ON FIREARMS OR AMMUNITION TRANSFERS TO AGENTS OF DRUG CARTELS Pub. L. 117–159, div. A, title II, § 12004(g), June 25, 2022, 136 Stat. 1330, provided that: ‘‘The Department of Jus- tice, and any of its law enforcement coordinate agen- cies, shall not conduct or otherwise facilitate the transfer of an operable firearm or ammunition to an in- dividual if any law enforcement officer employed by the Department of Justice involved with the transfer knows or has reasonable cause to believe that the re- cipient of the firearm or ammunition is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the fire- arm or ammunition at all times.’’ UNSOLVED CIVIL RIGHTS CRIMES Pub. L. 110–344, Oct. 7, 2008, 122 Stat. 3934, as amended by Pub. L. 114–325, § 2, Dec. 16, 2016, 130 Stat. 1965, pro- vided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Emmett Till Unsolved Civil Rights Crime Act of 2007’. ‘‘SEC. 2. SENSE OF CONGRESS. ‘‘It is the sense of Congress that all authorities with jurisdiction, including the Federal Bureau of Investiga- tion and other entities within the Department of Jus- tice, should— ‘‘(1) expeditiously investigate unsolved civil rights murders, due to the amount of time that has passed since the murders and the age of potential witnesses; ‘‘(2) provide all the resources necessary to ensure timely and thorough investigations in the cases in- volved; ‘‘(3) meet regularly with eligible entities to coordi- nate the sharing of information and to discuss the status of the Department’s work under this Act; ‘‘(4) support the full accounting of all victims whose deaths or disappearances were the result of ra- cially motivated crimes; ‘‘(5) hold accountable under Federal and State law all individuals who were perpetrators of, or accom- plices in, unsolved civil rights murders and such dis- appearances; ‘‘(6) express the condolences of the authority to the communities affected by unsolved civil rights mur- ders, and to the families of the victims of such mur- ders and such disappearances; ‘‘(7) keep families regularly informed about the sta- tus of the investigations of such murders and such disappearances of their loved ones; and ‘‘(8) expeditiously comply with requests for infor- mation received pursuant to section 552 of title 5, United States Code, (commonly known as the ‘Free- dom of Information Act’) and develop a singular, pub- licly accessible repository of these disclosed docu- ments. ‘‘SEC. 3. DEPUTY CHIEF OF THE CRIMINAL SEC- TION OF THE CIVIL RIGHTS DIVISION. ‘‘(a) IN GENERAL.—The Attorney General shall des- ignate a Deputy Chief in the Criminal Section of the Civil Rights Division of the Department of Justice. ‘‘(b) RESPONSIBILITY.— ‘‘(1) IN GENERAL.—The Deputy Chief shall be respon- sible for coordinating the investigation and prosecu- tion of violations of criminal civil rights statutes that occurred not later than December 31, 1979, and resulted in a death. ‘‘(2) COORDINATION.—In investigating a complaint under paragraph (1), the Deputy Chief may coordinate investigative activities with State and local law en- forcement officials, and eligible entities. ‘‘(3) REVIEW OF CLOSED CASES.—The Deputy Chief may, to the extent practicable, reopen and review any case involving a violation described in paragraph (1) that was closed prior to the date of the enactment of the Emmett Till Unsolved Civil Rights Crimes Re- authorization Act of 2016 [Dec. 16, 2016] without an in- person investigation or review conducted by an offi- cer or employee of the Criminal Section of the Civil Rights Division of the Department of Justice or by an agent of the Federal Bureau of Investigation. ‘‘(4) PUBLIC ENGAGEMENT.— ‘‘(A) IN GENERAL.—The Department shall hold meetings with representatives of the Civil Rights Division, Federal Bureau of Investigation, the Com- munity Relations Service, eligible entities, and where appropriate, state and local law enforcement to discuss the status of the Department’s work under this Act. ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.—In addi- tion to amounts made available to carry out this Act under section 6, there is authorized to be appro- priated to the Attorney General $1,500,000 for fiscal year 2017 and each of the next 10 subsequent fiscal years to carry out this paragraph. ‘‘(c) STUDY AND REPORT.— ‘‘(1) STUDY.—The Attorney General shall annually conduct a study of the cases under the jurisdiction of the Deputy Chief or under the jurisdiction of the Su- pervisory Special Agent and, in conducting the study, shall determine— ‘‘(A) the number of open investigations within the Department for violations of criminal civil rights statutes that occurred not later than December 31, 1979; ‘‘(B) the number of new cases opened pursuant to this Act since the previous year’s study; ‘‘(C) the number of unsealed Federal cases charged within the study period, including the case names, the jurisdiction in which the charges were brought, and the date the charges were filed; ‘‘(D) the number of cases referred by the Depart- ment to a State or local law enforcement agency or prosecutor within the study period, the number of such cases that resulted in State charges being filed, the jurisdiction in which such charges were filed, the date the charges were filed, and if a juris- diction declines to prosecute or participate in an investigation of a case so referred, the fact it did so; ‘‘(E) the number of cases within the study period that were closed without Federal prosecution, the case names of unsealed Federal cases, the dates the cases were closed, and the relevant federal statutes; ‘‘(F) the number of attorneys who worked, in whole or in part, on any case described in sub- section (b)(1); ‘‘(G) the applications submitted for grants under section 5, the award of such grants, and the pur- poses for which the grant amount were expended; and ‘‘(H) the number of cases referred by an eligible entity or a State or local law enforcement agency or prosecutor to the Department within the study period, the number of such cases that resulted in Federal charges being filed, the date the charges were filed, and if the Department declines to pros- ecute or participate in an investigation of a case so referred, the fact that it did so, and the outreach, collaboration, and support for investigations and prosecutions of violations of criminal civil rights Page 174 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 509 statutes described in section 2(3), including murders and including disappearances described in section 2(4), within Federal, State, and local jurisdictions. ‘‘(2) REPORT.—Not later than 6 months after the date of enactment of this Act [Oct. 7, 2008], and each year thereafter, the Attorney General shall prepare and submit to Congress a report containing the re- sults of the study conducted under paragraph (1) and a description of the activities conducted under sub- section (b)(3). ‘‘SEC. 4. SUPERVISORY SPECIAL AGENT IN THE CIVIL RIGHTS UNIT OF THE FEDERAL BUREAU OF INVESTIGATION. ‘‘(a) IN GENERAL.—The Attorney General shall des- ignate a Supervisory Special Agent in the Civil Rights Unit of the Federal Bureau of Investigation of the De- partment of Justice. ‘‘(b) RESPONSIBILITY.— ‘‘(1) IN GENERAL.—The Supervisory Special Agent shall be responsible for investigating violations of criminal civil rights statutes that occurred not later than December 31, 1979, and resulted in a death. ‘‘(2) COORDINATION.—In investigating a complaint under paragraph (1), the Supervisory Special Agent may coordinate the investigative activities with State and local law enforcement officials, and eligible entities. ‘‘SEC. 5. GRANTS TO STATE AND LOCAL LAW EN- FORCEMENT. ‘‘(a) IN GENERAL.—The Attorney General may award grants to State or local law enforcement agencies for expenses associated with the investigation and prosecu- tion by them of criminal offenses, involving civil rights, that occurred not later than December 31, 1979, and resulted in a death. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $2,000,000 for fiscal year 2017 and each of the 10 subsequent fiscal years to carry out this section. ‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS. ‘‘(a) IN GENERAL.—There are authorized to be appro- priated, in addition to any other amounts otherwise au- thorized to be appropriated for this purpose, to the At- torney General $10,000,000 for fiscal year 2017 and each of the 10 subsequent fiscal years for the purpose of in- vestigating and prosecuting violations of criminal civil rights statutes that occurred not later than December 31, 1979, and resulted in a death. These funds shall be al- located by the Attorney General to the Deputy Chief of the Criminal Section of the Civil Rights Division and the Supervisory Special Agent of the Civil Rights Unit of the Federal Bureau of Investigation in order to ad- vance the purposes set forth in this Act. ‘‘(b) COMMUNITY RELATIONS SERVICE OF THE DEPART- MENT OF JUSTICE.—Using funds appropriated under sec- tion 3(b)(4)(B), the Community Relations Service of the Department of Justice shall provide technical assist- ance by bringing together law enforcement agencies and communities to address tensions raised by Civil Rights era crimes. ‘‘SEC. 7. DEFINITIONS. ‘‘In this Act: ‘‘(1) CRIMINAL CIVIL RIGHTS STATUTES.—The term ‘criminal civil rights statutes’ means— ‘‘(A) section 241 of title 18, United States Code (relating to conspiracy against rights); ‘‘(B) section 242 of title 18, United States Code (re- lating to deprivation of rights under color of law); ‘‘(C) section 245 of title 18, United States Code (re- lating to federally protected activities); ‘‘(D) sections 1581 and 1584 of title 18, United States Code (relating to involuntary servitude and peonage); ‘‘(E) section 901 of the Fair Housing Act (42 U.S.C. 3631); and ‘‘(F) any other Federal law that— ‘‘(i) was in effect on or before December 31, 1969; and ‘‘(ii) the Criminal Section of the Civil Rights Division of the Department of Justice enforced, before the date of enactment of this Act [Oct. 7, 2008]. ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means an organization whose primary purpose is to promote civil rights, an institution of higher edu- cation, or another entity, determined by the Attor- ney General to be appropriate. ‘‘[SEC. 8. Repealed. Pub. L. 114–325, § 2(7), Dec. 16, 2016, 130 Stat. 1967.] ‘‘SEC. 9. AUTHORITY OF INSPECTORS GENERAL. ‘‘[Enacted section 11298 of Title 34, Crime Control and Law Enforcement.]’’ ORGANIZED RETAIL THEFT Pub. L. 109–162, title XI, § 1105, Jan. 5, 2006, 119 Stat. 3092, as amended by Pub. L. 109–271, § 8(a), Aug. 12, 2006, 120 Stat. 766, which authorized a task force established by the Attorney General and the FBI to establish an or- ganized retail theft database in the private sector, was editorially reclassified as section 41505 of Title 34, Crime Control and Law Enforcement. UNITED STATES-MEXICO BORDER VIOLENCE TASK FORCE Pub. L. 109–162, title XI, § 1106, Jan. 5, 2006, 119 Stat. 3093, providing for the establishment of the United States-Mexico Border Violence Task Force, was edi- torially reclassified as section 41506 of Title 34, Crime Control and Law Enforcement. PRIVACY OFFICER Pub. L. 109–162, title XI, § 1174, Jan. 5, 2006, 119 Stat. 3124, provided that: ‘‘(a) IN GENERAL.—The Attorney General shall des- ignate a senior official in the Department of Justice to assume primary responsibility for privacy policy. ‘‘(b) RESPONSIBILITIES.—The responsibilities of such official shall include advising the Attorney General re- garding— ‘‘(1) appropriate privacy protections, relating to the collection, storage, use, disclosure, and security of personally identifiable information, with respect to the Department’s existing or proposed information technology and information systems; ‘‘(2) privacy implications of legislative and regu- latory proposals affecting the Department and in- volving the collection, storage, use, disclosure, and security of personally identifiable information; ‘‘(3) implementation of policies and procedures, in- cluding appropriate training and auditing, to ensure the Department’s compliance with privacy-related laws and policies, including section 552a of title 5, United States Code, and Section 208 of the E-Govern- ment Act of 2002 (Public Law 107–347) [set out in a note under section 3501 of Title 44, Public Printing and Documents]; ‘‘(4) ensuring that adequate resources and staff are devoted to meeting the Department’s privacy-related functions and obligations; ‘‘(5) appropriate notifications regarding the Depart- ment’s privacy policies and privacy-related inquiry and complaint procedures; and ‘‘(6) privacy-related reports from the Department to Congress and the President. ‘‘(c) REVIEW OF PRIVACY RELATED FUNCTIONS, RE- SOURCES, AND REPORT.—Within 120 days of his designa- tion, the privacy official shall prepare a comprehensive report to the Attorney General and to the Committees on the Judiciary of the House of Representatives and of the Senate, describing the organization and resources of the Department with respect to privacy and related information management functions, including access, security, and records management, assessing the De- partment’s current and future needs relating to infor- mation privacy issues, and making appropriate rec- ommendations regarding the Department’s organiza- tional structure and personnel. Page 175 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 509 ‘‘(d) ANNUAL REPORT.—The privacy official shall sub- mit a report to the Committees on the Judiciary of the House of Representatives and of the Senate on an an- nual basis on activities of the Department that affect privacy, including a summary of complaints of privacy violations, implementation of section 552a of title 5, United States Code, internal controls, and other rel- evant matters.’’ REPORT TO CONGRESS ON STATUS OF UNITED STATES PERSONS OR RESIDENTS DETAINED ON SUSPICION OF TERRORISM Pub. L. 109–162, title XI, § 1176, Jan. 5, 2006, 119 Stat. 3125, provided that: ‘‘Not less often than once every 12 months, the Attorney General shall submit to Congress a report on the status of United States persons or resi- dents detained, as of the date of the report, on sus- picion of terrorism. The report shall— ‘‘(1) specify the number of persons or residents so detained; and ‘‘(2) specify the standards developed by the Depart- ment of Justice for recommending or determining that a person should be tried as a criminal defendant or should be designated as an enemy combatant.’’ FEDERAL BUREAU OF INVESTIGATION USE OF TRANSLATORS Pub. L. 108–458, title II, § 2006, Dec. 17, 2004, 118 Stat. 3704, as amended by Pub. L. 111–259, title VIII, § 806(b)(2), Oct. 7, 2010, 124 Stat. 2749, provided that: ‘‘Not later than 30 days after the date of the enactment of this Act [Dec. 17, 2004], and annually thereafter, the Attorney General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Represent- atives a report that contains, with respect to each pre- ceding 12-month period— ‘‘(1) the number of translators employed, or con- tracted for, by the Federal Bureau of Investigation or other components of the Department of Justice; ‘‘(2) any legal or practical impediments to using translators employed by Federal, State, or local agencies on a full-time, part-time, or shared basis; ‘‘(3) the needs of the Federal Bureau of Investiga- tion for specific translation services in certain lan- guages, and recommendations for meeting those needs; ‘‘(4) the status of any automated statistical report- ing system, including implementation and future via- bility; ‘‘(5) the storage capabilities of the digital collec- tion system or systems utilized; ‘‘(6) a description of the establishment and compli- ance with audio retention policies that satisfy the in- vestigative and intelligence goals of the Federal Bu- reau of Investigation; and ‘‘(7) a description of the implementation of quality control procedures and mechanisms for monitoring compliance with quality control procedures.’’ AUTHORIZATION FOR ADDITIONAL ASSISTANT UNITED STATES ATTORNEYS FOR PROJECT SAFE NEIGHBORHOODS Pub. L. 107–273, div. A, title I, § 104, Nov. 2, 2002, 116 Stat. 1766, which required the Attorney General to es- tablish the Project Safe Neighborhoods program, was editorially reclassified as section 41504 of Title 34, Crime Control and Law Enforcement. DEVELOPMENT AND SUPPORT OF CYBERSECURITY FORENSIC CAPABILITIES Pub. L. 107–56, title VIII, § 816, Oct. 26, 2001, 115 Stat. 385, which related to development and support of cybersecurity forensic capabilities, was editorially re- classified as section 30102 of Title 34, Crime Control and Law Enforcement. TRAINING OF GOVERNMENT OFFICIALS REGARDING IDENTIFICATION AND USE OF FOREIGN INTELLIGENCE Pub. L. 107–56, title IX, § 908, Oct. 26, 2001, 115 Stat. 391, provided that: ‘‘(a) PROGRAM REQUIRED.—The Attorney General shall, in consultation with the Director of Central In- telligence, carry out a program to provide appropriate training to officials described in subsection (b) in order to assist such officials in— ‘‘(1) identifying foreign intelligence information in the course of their duties; and ‘‘(2) utilizing foreign intelligence information in the course of their duties, to the extent that the uti- lization of such information is appropriate for such duties. ‘‘(b) OFFICIALS.—The officials provided training under subsection (a) are, at the discretion of the Attorney General and the Director, the following: ‘‘(1) Officials of the Federal Government who are not ordinarily engaged in the collection, dissemina- tion, and use of foreign intelligence in the perform- ance of their duties. ‘‘(2) Officials of State and local governments who encounter, or may encounter in the course of a ter- rorist event, foreign intelligence in the performance of their duties. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is hereby authorized to be appropriated for the Depart- ment of Justice such sums as may be necessary for pur- poses of carrying out the program required by sub- section (a).’’ [Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.] FIRST RESPONDERS ASSISTANCE ACT Pub. L. 107–56, title X, § 1005, Oct. 26, 2001, 115 Stat. 393, provided that: ‘‘(a) GRANT AUTHORIZATION.—The Attorney General shall make grants described in subsections (b) and (c) to States and units of local government to improve the ability of State and local law enforcement, fire depart- ment and first responders to respond to and prevent acts of terrorism. ‘‘(b) TERRORISM PREVENTION GRANTS.—Terrorism pre- vention grants under this subsection may be used for programs, projects, and other activities to— ‘‘(1) hire additional law enforcement personnel dedicated to intelligence gathering and analysis func- tions, including the formation of full-time intel- ligence and analysis units; ‘‘(2) purchase technology and equipment for intel- ligence gathering and analysis functions, including wire-tap, pen links, cameras, and computer hardware and software; ‘‘(3) purchase equipment for responding to a critical incident, including protective equipment for patrol officers such as quick masks; ‘‘(4) purchase equipment for managing a critical in- cident, such as communications equipment for im- proved interoperability among surrounding jurisdic- tions and mobile command posts for overall scene management; and ‘‘(5) fund technical assistance programs that em- phasize coordination among neighboring law enforce- ment agencies for sharing resources, and resources coordination among law enforcement agencies for combining intelligence gathering and analysis func- tions, and the development of policy, procedures, memorandums of understanding, and other best prac- tices. ‘‘(c) ANTITERRORISM TRAINING GRANTS.— Antiterrorism training grants under this subsection may be used for programs, projects, and other activi- ties to address— Page 176 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 509 ‘‘(1) intelligence gathering and analysis techniques; ‘‘(2) community engagement and outreach; ‘‘(3) critical incident management for all forms of terrorist attack; ‘‘(4) threat assessment capabilities; ‘‘(5) conducting followup investigations; and ‘‘(6) stabilizing a community after a terrorist inci- dent. ‘‘(d) APPLICATION.— ‘‘(1) IN GENERAL.—Each eligible entity that desires to receive a grant under this section shall submit an application to the Attorney General, at such time, in such manner, and accompanied by such additional in- formation as the Attorney General may reasonably require. ‘‘(2) CONTENTS.—Each application submitted pursu- ant to paragraph (1) shall— ‘‘(A) describe the activities for which assistance under this section is sought; and ‘‘(B) provide such additional assurances as the At- torney General determines to be essential to ensure compliance with the requirements of this section. ‘‘(e) MINIMUM AMOUNT.—If all applications submitted by a State or units of local government within that State have not been funded under this section in any fiscal year, that State, if it qualifies, and the units of local government within that State, shall receive in that fiscal year not less than 0.5 percent of the total amount appropriated in that fiscal year for grants under this section. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $25,000,000 for each of the fiscal years 2003 through 2007.’’ REIMBURSEMENT OF EMPLOYEES TRAVELING ON BEHALF OF UNITED STATES IN TEMPORARY DUTY STATUS Pub. L. 104–208, div. A, title I, § 101(a) [title I, § 115], Sept. 30, 1996, 110 Stat. 3009, 3009–22, provided that: ‘‘Ef- fective with the enactment of this Act [Sept. 30, 1996] and in any fiscal year hereafter, under policies estab- lished by the Attorney General, the Department of Jus- tice may reimburse employees who are paid by an ap- propriation account within the Department of Justice and are traveling on behalf of the United States in tem- porary duty status to investigate, prosecute, or litigate (including the provision of support therefor) a criminal or civil matter, or for other similar special cir- cumstances, for Federal, State, and local taxes here- tofore and hereafter resulting from any reimbursement of travel expenses from an appropriation account with- in the Department of Justice: Provided, That such reim- bursement may include an amount equal to all income taxes for which the employee would be liable due to such reimbursement.’’ OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES Pub. L. 104–132, title VIII, § 801, Apr. 24, 1996, 110 Stat. 1304, provided that: ‘‘The Attorney General and the Secretary of the Treasury are authorized to support law enforcement training activities in foreign coun- tries, in consultation with the Secretary of State, for the purpose of improving the effectiveness of the United States in investigating and prosecuting transnational offenses.’’ REIMBURSEMENT BY OTHER GOVERNMENT AGENCIES OF DEPARTMENT OF JUSTICE SALARIES AND EXPENSES IN HIGH-COST LITIGATION Pub. L. 103–317, title I, § 109, Aug. 26, 1994, 108 Stat. 1735, provided that: ‘‘Notwithstanding 31 U.S.C. 3302 or any other law, in litigation involving unusually high costs, the Department of Justice may receive and re- tain reimbursement for salaries and expenses, for fiscal year 1995 and thereafter, from any other governmental component being represented in the litigation.’’ NEIGHBORHOOD REVITALIZATION Pub. L. 102–395, title I, Oct. 6, 1992, 106 Stat. 1830, pro- vided in part: ‘‘That for fiscal year 1993 and thereafter the Attorney General shall (1) promote neighborhood revitalization by developing a plan for the use of Fed- eral funds appropriated for selected activities in the Departments of Labor, Education, Health and Human Services, Transportation, Agriculture, and Housing and Urban Development; (2) the Attorney General shall so- licit from State and local governments plans to revi- talize neighborhoods using programs administered by such agencies; and (3) the Attorney General shall re- view and approve such plans in consultation with the Federal agency to which funds are appropriated’’. PROCUREMENT OF EXPERT WITNESSES WITHOUT REGARD TO COMPETITIVE PROCUREMENT PROCEDURES Pub. L. 102–140, title VI, § 611(a), Oct. 28, 1991, 105 Stat. 832, provided that, notwithstanding any other provision of law: ‘‘For fiscal year 1992 and thereafter, the Depart- ment of Justice may procure the services of expert wit- nesses for use in preparing or prosecuting a civil or criminal action, without regard to competitive pro- curement procedures, including the Commerce Business Daily publication requirements: Provided, That no wit- ness shall be paid more than one attendance fee for any calendar day.’’ STRUCTURAL REFORMS TO IMPROVE FEDERAL RESPONSE TO CRIMES AFFECTING FINANCIAL INSTITUTIONS Pub. L. 101–647, title XXV, §§ 2536–2538, Nov. 29, 1990, 104 Stat. 4883, 4884, provided that: ‘‘SEC. 2536. ESTABLISHMENT OF FINANCIAL INSTI- TUTIONS CRIME UNIT AND OFFICE OF SPECIAL COUNSEL FOR FINANCIAL INSTITUTIONS CRIME UNIT. ‘‘(a) ESTABLISHMENT.—There is established within the Office of the Deputy Attorney General in the Depart- ment of Justice a Financial Institutions Fraud Unit to be headed by a special counsel (hereafter in this title [probably means this subtitle which is subtitle D (§§ 2536–2540) of title XXV of Pub. L. 101–647, which amended section 1441a of Title 12, Banks and Banking, and enacted this note] referred to as the ‘Special Coun- sel’). ‘‘(b) RESPONSIBILITY.—The Financial Institutions Fraud Unit and the Special Counsel shall be responsible to and shall report directly to the Deputy Attorney General. ‘‘(c) SUNSET.—The provisions of this section shall cease to apply at the end of the 5-year period beginning on the date of the enactment of this Act [Nov. 29, 1990]. ‘‘SEC. 2537. APPOINTMENT RESPONSIBILITIES AND COMPENSATION OF THE SPECIAL COUNSEL. ‘‘(a) APPOINTMENT.—The Special Counsel shall be ap- pointed by the President, by and with the advice and consent of the Senate. ‘‘(b) RESPONSIBILITIES.—The Special Counsel shall— ‘‘(1) supervise and coordinate investigations and prosecutions within the Department of Justice of fraud and other criminal activity in and against the financial services industry, including, to the extent consistent with the independent counsel provision of chapter 40 of title 28, United States Code, any such activity by any current or former elected official or high-level executive branch official or any member of the immediate family of any such official; ‘‘(2) ensure that Federal law relating to civil en- forcement, asset seizure and forfeiture, money laun- dering, and racketeering are used to the fullest ex- tent authorized to recover the proceeds of unlawful activities from persons who have committed crimes in and against the financial services industry; and ‘‘(3) ensure that adequate resources are made avail- able for the investigation and prosecution of fraud and other criminal activity in and against the finan- cial services industry. ‘‘(c) COMPENSATION.—The Special Counsel shall be paid at the basic pay payable for level V of the Execu- tive Schedule. ‘‘SEC. 2538. ASSIGNMENT OF PERSONNEL. ‘‘There shall be assigned to the Financial Institutions Fraud Unit such personnel as the Attorney General Page 177 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 509 deems necessary to provide an appropriate level of en- forcement activity in the area of fraud and other crimi- nal activity in and against the financial services indus- try.’’ [Section 2539 of Pub. L. 101–647, formerly set out in the note above, relating to financial institutions fraud task forces, was editorially reclassified as section 41501 of Title 34, Crime Control and Law Enforcement.] [Pub. L. 111–203, title III, §§ 351, 359(1), July 21, 2010, 124 Stat. 1546, 1548, which provided that, effective on the transfer date (see section 5411 of Title 12, Banks and Banking), section 2539(c)(2) of Pub. L. 101–647, set out above, is amended by striking out subpars. (C) and (D) and redesignating subpars. (E) to (H) as ‘‘(C) through (G), respectively’’, was executed by redesignating sub- pars. (E) to (H) as (C) to (F), respectively, and striking out former subpars. (C) and (D), to reflect the probable intent of Congress.] AUTHORIZATION OF APPROPRIATIONS FOR HUMANITARIAN EXPENSES INCURRED BY FEDERAL BUREAU OF INVES- TIGATION AND DRUG ENFORCEMENT ADMINISTRATION Pub. L. 101–647, title XXXII, § 3201, Nov. 29, 1990, 104 Stat. 4916, as amended by Pub. L. 105–277, div. A, § 101(b) [title I, § 109(a)], Oct. 21, 1998, 112 Stat. 2681–50, 2681–67; Pub. L. 117–328, div. B, title II, § 219, Dec. 29, 2022, 136 Stat. 4544, provided that: ‘‘Appropriations in this or any other Act hereafter for the Federal Bureau of In- vestigation, the Drug Enforcement Administration, the Federal Prison System, the Bureau of Alcohol, To- bacco, Firearms and Explosives, or the United States Marshals Service are available, in an amount of not to exceed $50,000 each per fiscal year, to pay humanitarian expenses incurred by or for any employee thereof (or any member of the employee’s immediate family) that results from or is incident to serious illness, serious in- jury, or death occurring to the employee while on offi- cial duty or business.’’ INVESTIGATION OF FINANCIAL INSTITUTIONS; ASSISTANCE OF GOVERNMENT PERSONNEL Pub. L. 101–509, title V, § 528, Nov. 5, 1990, 104 Stat. 1427, as amended by Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103–322, title XXXII, § 320923, Sept. 13, 1994, 108 Stat. 2131, provided that: ‘‘(a) Notwithstanding any other law and in any fiscal year— ‘‘(1) The Attorney General shall accept, and Federal departments and agencies, including the United States Secret Service, the Internal Revenue Service, the Resolution Trust Corporation, and the appro- priate Federal banking agency, may provide, without reimbursement, the services of attorneys, law en- forcement personnel, and other employees of any other departments or agencies of the Federal Govern- ment to assist the Department of Justice, subject to the supervision of the Attorney General, in the inves- tigation and prosecution of fraud or other criminal or unlawful activity in or against any federally insured financial institution or the Resolution Trust Cor- poration; ‘‘(2) any attorney of a department or agency whose services are accepted pursuant to paragraph (1) may, subject to the supervision of the Attorney General, conduct any kind of legal proceeding, civil or crimi- nal, including grand jury proceedings and proceedings before committing magistrate judges, and perform any other investigative or prosecutorial function, which United States attorneys are authorized by law to conduct or perform whether or not the attorney is a resident of the district in which the proceeding is brought; and ‘‘(3) law enforcement personnel of the United States Secret Service are authorized, subject to the super- vision of the Attorney General, to conduct or perform any kind of investigation, civil or criminal, related to fraud or other criminal or unlawful activity in or against any federally insured financial institution or the Resolution Trust Corporation, which the Depart- ment of Justice law enforcement personnel are au- thorized by law to conduct or perform: Provided, That the Secret Service shall not initiate investigations pursuant to this section independent of the super- vision of the Attorney General. ‘‘(b) This section— ‘‘(1) shall not, except as expressly provided herein, alter the authority of any Federal law enforcement agency; and ‘‘(2) shall expire on December 31, 2004. ‘‘(c) This section applies notwithstanding any other provision of law enacted by the 101st Congress after Oc- tober 15, 1990, that by its terms would grant authority to, or otherwise affect the authority of, the Secret Service or other departments or agencies of the Federal Government to conduct or to assist the Department of Justice in conducting investigations or prosecutions of fraud or other criminal or unlawful activity in or against any federally insured financial institution or the Resolution Trust Corporation, and any other such provision shall not be effective in granting or otherwise affecting any such authority.’’ [For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, includ- ing the functions of the Secretary of the Treasury re- lating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.] PROCESSING OF NAME CHECKS AND BACKGROUND RECORDS FOR NONCRIMINAL EMPLOYMENT, LICENSING, AND HUMANITARIAN PURPOSES Pub. L. 101–162, title II, Nov. 21, 1989, 103 Stat. 995, which authorized the Chief, United States National Central Bureau, INTERPOL, to establish and collect fees to process name checks and background records for noncriminal employment, licensing, and humanitarian purposes, was editorially reclassified as section 41103 of Title 34, Crime Control and Law Enforcement. EXPENSES OF LEGAL DEFENSE FOR FEDERAL GOVERN- MENT EMPLOYEES PERFORMING OFFICIAL DUTIES; FEES AND EXPENSES OF WITNESSES Pub. L. 101–162, title II, Nov. 21, 1989, 103 Stat. 997, provided: ‘‘That for fiscal year 1990 and hereafter the Attorney General may enter into reimbursable agree- ments with other Federal Government agencies or com- ponents within the Department of Justice to pay ex- penses of private counsel to defend Federal Govern- ment employees sued for actions while performing their official duties: Provided further, That for fiscal year 1990 and hereafter the Attorney General, upon no- tification to the Committees on Appropriations of the House of Representatives and the Senate in compliance with provisions set forth in section 606 of this Act [Pub. L. 101–162, title VI, Nov. 21, 1989, 103 Stat. 1031], may au- thorize litigating components to reimburse this ac- count for expert witness expenses when it appears cur- rent allocations will be exhausted for cases scheduled for trial in the current fiscal year.’’ UNIFORMS AND ALLOWANCES Pub. L. 101–162, title II, § 203, Nov. 21, 1989, 103 Stat. 1002, provided that: ‘‘For fiscal year 1990 and hereafter, appropriations for ‘Salaries and expenses, General Ad- ministration’, ‘Salaries and expenses, United States Marshals Service’, ‘Salaries and expenses, Federal Bu- reau of Investigation’, ‘Salaries and expenses, Drug En- forcement Administration’, ‘Salaries and expenses, Im- migration and Naturalization Service’, and ‘Salaries and expenses, Federal Prison System’, shall be avail- able for uniforms and allowances therefor as authorized by law (5 U.S.C. 5901–5902).’’ [Pub. L. 118–42, div. C, title II, Mar. 9, 2024, 138 Stat. 133, provided in part: ‘‘That any reference to the De- partment of Justice’s ‘General Administration’ appro- Page 178 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 509 priations heading (including references that include its subheadings) which appears in any rule, regulation, provision, law, or other official document, shall here- after be deemed a reference to the Department of Jus- tice’s ‘Justice Operations, Management, and Account- ability’ appropriations heading.’’] [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.] JUSTICE DEPARTMENT ORGANIZED CRIME AND DRUG ENFORCEMENT ENHANCEMENT Pub. L. 100–690, title I, subtitle B, Nov. 18, 1988, 102 Stat. 4189, provided that: ‘‘SEC. 1051. SHORT TITLE. ‘‘This subtitle may be cited as the ‘Justice Depart- ment Organized Crime and Drug Enforcement Enhance- ment Act of 1988’. ‘‘SEC. 1052. FINDINGS. ‘‘The Congress finds that— ‘‘(1) organized criminal activity contributes signifi- cantly to the importation, distribution, and sale of il- legal and dangerous drugs; ‘‘(2) trends in drug trafficking patterns necessitate a response that gives appropriate weight to— ‘‘(A) the prosecution of drug-related crimes; and ‘‘(B) the forfeiture and seizure of assets and other civil remedies used to strike at the inherent strength of the drug networks and organized crime groups; ‘‘(3) law enforcement components of the Depart- ment of Justice should give high priority to the en- forcement of civil sanctions against drug networks and organized crime groups; and ‘‘(4) the structure of the Department of Justice Criminal Division needs to be reviewed in order to de- termine the most effective structure to address such drug-related problems. ‘‘SEC. 1053. CIVIL ENFORCEMENT REPORT. ‘‘(a) REPORT.—Not later than 1 year after the date of the enactment of this title [Nov. 18, 1988], the Director of National Drug Control Policy (the Director) in con- sultation with the Attorney General, shall report to the Congress on the necessity to establish a new divi- sion or make other organizational changes within the Department of Justice in order to promote better civil and criminal law enforcement. In preparing such re- port, the Director shall consider restructuring and con- solidating one or more of the following divisions and programs— ‘‘(1) the Organized Crime and Racketeering Section of the Criminal Division and all subordinate strike forces therein; ‘‘(2) the Narcotic and Dangerous Drug Section of the Criminal Division; ‘‘(3) the Asset Forfeiture Office of the Criminal Di- vision; and ‘‘(4) the Organized Crime Drug Enforcement Task Force Program;[.] ‘‘(b) LEGISLATIVE RECOMMENDATIONS.—The report sub- mitted under subsection (a) shall include appropriate legislative recommendations for the Congress. ‘‘SEC. 1054. CIVIL ENFORCEMENT ENHANCEMENT. ‘‘(a) DUTY OF ATTORNEY GENERAL.—The Attorney General shall insure that each component of the De- partment of Justice having criminal law enforcement responsibilities with respect to the prosecution of orga- nized crime and controlled substances violations, in- cluding each United States Attorney’s Office, attaches a high priority to the enforcement of civil statutes cre- ating ancillary sanctions and remedies for such viola- tions, such as civil penalties and actions, forfeitures, injunctions and restraining orders, and collection of fines. ‘‘(b) DUTY OF ASSOCIATE ATTORNEY GENERAL.—The Associate Attorney General shall be responsible for im- plementing the policy set forth in this subsection. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—(1) There are authorized to be appropriated $3,000,000 for salaries and expenses to the Department of Justice General Legal Activities Account and $3,000,000 for salaries and expenses for United States Attorneys for fiscal year 1989. ‘‘(2) Any appropriation of funds authorized under paragraph (1) shall be— ‘‘(A) in addition to any appropriations requested by the President in the 1989 fiscal year budget submitted by the President to the Congress on February 18, 1988, or provided in regular appropriations Acts or con- tinuing resolutions for the fiscal year ending Sep- tember 30, 1989; and ‘‘(B) used to increase the number of field attorneys and related support staff over such personnel levels employed at the Department of Justice on September 30, 1988. ‘‘(3) Any increase in full-time equivalent positions de- scribed under paragraph (2)(B) shall be exclusively used for asset forfeiture and civil enforcement and be as- signed to appropriate field offices of the Organized Crime and Racketeering Section and the Organized Crime Drug Enforcement Task Forces. ‘‘(d) REPORTING REQUIREMENT.—The Attorney Gen- eral, at the end of each such fiscal year, shall file a re- port with the Congress setting forth the extent of such enforcement efforts, as well as the need for any en- hancements in resources necessary to carry out this policy. ‘‘SEC. 1055. EXPENSES OF TASK FORCES. ‘‘(a) APPROPRIATIONS AND REIMBURSEMENTS PROCE- DURE.—Beginning in fiscal year 1990, the Attorney Gen- eral in his budget shall submit a separate appropria- tions request for expenses relating to all Federal agen- cies participating in the Organized Crime Drug En- forcement Task Forces. Such appropriations shall be made to the Department of Justice’s Interagency Law Enforcement Appropriation Account for the Attorney General to make reimbursements to the involved agen- cies as necessary. ‘‘(b) ENHANCEMENT OF FIELD ACTIVITIES.—The appro- priations and reimbursements procedure described under subsection (a) shall— ‘‘(1) provide for the flexibility of the Task Forces which is vital to success; ‘‘(2) permit Federal law enforcement resources to be shifted in response to changing patterns of orga- nized criminal drug activities; ‘‘(3) permit the Attorney General to reallocate re- sources among the organizational components of the Task Forces and between regions without undue delay; and ‘‘(4) ensure that the Task Forces function as a unit, without the competition for resources among the par- ticipating agencies that would undermine the overall effort.’’ [For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under section 1054(d) of Pub. L. 100–690, set out above, is listed on page 118), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.] IMPACT ANALYSIS OF ADDITIONAL RESOURCES TO CER- TAIN COMPONENTS OF FEDERAL CRIMINAL JUSTICE SYSTEM; STUDY BY COMPTROLLER GENERAL AND RE- PORT TO CONGRESS Pub. L. 100–690, title IX, § 9201, Nov. 18, 1988, 102 Stat. 4535, provided that: ‘‘(a) STUDY.—The Comptroller General of the United States shall conduct a study— ‘‘(1) to determine the impact of additional re- sources to certain components of the Federal crimi- nal justice system on other components of the system and of enhanced or new Federal criminal penalties or laws on the agencies and offices of the Department of Page 179 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 509 Justice, the Federal courts, and other components of the Federal criminal justice system; and ‘‘(2) use the data derived from the impact analysis to develop a model that can be applied by Congress and Federal agencies and departments to help deter- mine appropriate staff and budget responses in order to maintain balance in the Federal criminal justice system and effectively implement changes in re- sources, laws, or penalties. ‘‘(b) REPORT TO CONGRESS.—The Comptroller General shall report the results and recommendations derived from the study required by subsection (a) no later than 1 year after the date of enactment of this Act [Nov. 18, 1988].’’ FEDERAL ENVIRONMENTAL OR NATURAL RESOURCE LAWS; INVESTIGATIONS RESPECTING, ETC. Pub. L. 96–132, § 12, Nov. 30, 1979, 93 Stat. 1048, pro- vided that: ‘‘The Attorney General may, with the con- currence of any agency or Department with primary enforcement responsibility for an environmental or natural resource law, investigate any violation, of an environmental or natural resource law of the United States, and bring such actions as are necessary to en- force such laws. This section does not affect the crimi- nal law enforcement authority of the Attorney Gen- eral.’’ POSITIONS IN DRUG ENFORCEMENT ADMINISTRATION; GRADES EXCEPTED FROM COMPETITIVE SERVICE; VA- CANCIES; REMOVAL, SUSPENSION, OR REDUCTION IN RANK OR PAY; RATE OF PAY Pub. L. 94–503, title II, § 201, Oct. 15, 1976, 90 Stat. 2425, provided that: ‘‘(a) Effective beginning one year after date of the en- actment of this Act [Oct. 15, 1976], the following posi- tions in the Drug Enforcement Administration (and in- dividuals holding such positions) are hereby excepted from the competitive service: ‘‘(1) positions at GS–16, 17, and 18 of the General Schedule under section 5332(a) of title 5, United States Code, and ‘‘(2) positions at GS–15 of the General Schedule which are designated as— ‘‘(A) regional directors, ‘‘(B) office heads, or ‘‘(C) executive assistants (or equivalent positions) under the immediate supervision of the Adminis- trator (or the Deputy Administrator) of the Drug Enforcement Administration. ‘‘(b) Effective during the one year period beginning on the date of the enactment of this Act [Oct. 15, 1976], vacancies in positions in the Drug Enforcement Admin- istration (other than positions described in subsection (a)) at a grade not lower than GS–14 shall be filled— ‘‘(1) first, from applicants who have continuously held positions described in subsection (a) since the date of the enactment of this Act and who have ap- plied for, and are qualified to fill, such vacancies, and ‘‘(2) then, from other applicants in the order which would have occurred in the absence of this sub- section. Any individual placed in a position under paragraph (1) shall be paid in accordance with subsection (d). ‘‘(c)(1) Effective beginning one year after the date of the enactment of this Act [Oct. 15, 1976], an individual in a position described in subsection (a) may be re- moved, suspended for more than 30 days, furloughed without pay, or reduced in rank or pay by the Adminis- trator of the Drug Enforcement Administration if— ‘‘(A) such individual has been employed in the Drug Enforcement Administration for less than the one- year period immediately preceding the date of such action, and ‘‘(B) the Administrator determines, in his discre- tion, that such action would promote the efficiency of the service. ‘‘(2) Effective beginning one year after the date of the enactment of this Act [Oct. 15, 1976], an individual in a position described in subsection (a) may be reduced in rank or pay by the Administrator within the Drug En- forcement Administration if— ‘‘(A) such individual has been continuously em- ployed in such position since the date of the enact- ment of this Act, and ‘‘(B) the Administrator determines, in his discre- tion, that such action would promote the efficiency of the service. Any individual reduced in rank or pay under this para- graph shall be paid in accordance with subsection (d). ‘‘(3) The provisions of sections 7512 and 7701 of title 5, United States Code, and otherwise applicable Executive orders, shall not apply with respect to actions taken by the Administrator under paragraph (1) or any reduction in rank or pay (under paragraph (2) or otherwise) of any individual in a position described in subsection (a). ‘‘(d) Any individual whose pay is to be determined in accordance with this subsection shall be paid basic pay at the rate of basic pay he was receiving immediately before he was placed in a position under subsection (b)(1) or reduced in rank or pay under subsection (c)(2), as the case may be, until such time as the rate of basic pay he would receive in the absence of this subsection exceeds such rate of basic pay. The provisions of sec- tion 5337 of title 5, United States Code, shall not apply in any case in which this subsection applies.’’ [References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.] Executive Documents EMERGENCY PREPAREDNESS FUNCTIONS For assignment of certain emergency preparedness functions to the Attorney General, see Parts 1, 2, and 11 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare. REORGANIZATION PLAN NO. 1 OF 1968 Eff. Apr. 8, 1968, 33 F.R. 5611, 82 Stat. 1367, as amended Reorg. Plan No. 2 of 1973, § 3, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091 Prepared by the President and transmitted to the Sen- ate and the House of Representatives in Congress as- sembled, February 7, 1968, pursuant to the provisions of chapter 9 of title 5 of the United States Code. NARCOTICS; DRUG ABUSE CONTROL SECTION 1. TRANSFER OF FUNCTIONS FROM TREASURY DEPARTMENT There are hereby transferred to the Attorney Gen- eral: (a) Those functions of the Secretary of the Treasury which are administered through or with respect to the Bureau of Narcotics. (b) All functions of the Bureau of Narcotics, of the Commissioner of Narcotics, and of all other officers, employees and agencies of the Bureau of Narcotics. (c) So much of other functions or parts of functions of the Secretary of the Treasury and the Department of the Treasury as is incidental to or necessary for the performance of the functions transferred by paragraphs (a) and (b) of this section. SEC. 2. TRANSFER OF FUNCTIONS FROM THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE There are hereby transferred to the Attorney Gen- eral: (a) The functions of the Secretary of Health, Edu- cation, and Welfare under the Drug Abuse Control Amendments of 1965 (Public Law 89–74; 79 Stat. 226) [see Short Title note under 21 U.S.C. 301], except the func- Page 180 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 509 tion of regulating the counterfeiting of those drugs which are not controlled ‘‘depressant or stimulant’’ drugs. (b) So much of other functions or parts of functions of the Secretary of Health, Education, and Welfare, and of the Department of Health, Education, and Welfare, as is incidental to or necessary for the performance of the functions transferred by paragraph (a) of this sec- tion. SEC. 3. BUREAU OF NARCOTICS AND DANGEROUS DRUGS (a) [Repealed. Reorg. Plan No. 2 of 1973, § 3, 38 F.R. 15932, 87 Stat. 1091, eff. July 1, 1973. Subsection estab- lished the Bureau of Narcotics and Dangerous Drugs in the Department of Justice and provided that it be head- ed by a Director appointed by the Attorney General.] (b) There are hereby established in the Department of Justice, in addition to the positions transferred to that Department by this Plan, four new positions, appoint- ment to which shall be made by the Attorney General in the competitive service. Two of those positions shall have compensation at the rate now or hereafter pro- vided for GS-18 positions of the General Schedule and the other two shall have compensation at the rate now or hereafter provided for GS-16 positions of the General Schedule (5 U.S.C. 5332). Each such position shall have such title and duties as the Attorney General shall pre- scribe. [References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.] SEC. 4. ABOLITION The Bureau of Narcotics in the Department of the Treasury, including the office of Commissioner of Nar- cotics (21 U.S.C. 161), is hereby abolished. The Sec- retary of the Treasury shall make such provision as he may deem necessary with respect to terminating those affairs of the Bureau of Narcotics not otherwise pro- vided for in this reorganization plan. SEC. 5. PERFORMANCE OF TRANSFERRED FUNCTIONS The Attorney General may from time to time make such provisions as he shall deem appropriate author- izing the performance of any of the functions trans- ferred to him by the provisions of this reorganization plan by any officer, employee, or organizational entity of the Department of Justice. SEC. 6. INCIDENTAL TRANSFERS (a) There are hereby transferred to the Department of Justice all of the positions, personnel, property, records, and unexpended balances of appropriations, al- locations, and other funds, available or to be made available, (1) of the Bureau of Narcotics, and (2) of the Bureau of Drug Abuse Control of the Department of Health, Education, and Welfare. (b) There shall be transferred to the Department of Justice, at such time or times as the Director of the Bureau of the Budget shall direct, so much as the Di- rector shall determine of other positions, personnel, property, records and unexpended balances of appro- priations, allocations, and other funds of the Depart- ment of the Treasury and of the Department of Health, Education, and Welfare employed, used, held, available or to be made available in connection with functions transferred by the provisions of this reorganization plan. (c) Such further measures and dispositions as the Di- rector of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers provided in this section shall be carried out in such manner as he may direct and by such agencies as he shall des- ignate. MESSAGE OF THE PRESIDENT To the Congress of the United States: In my first Reorganization Plan of 1968, I call for the creation of a new and powerful Bureau of Narcotics and Dangerous Drugs. With this action, America will serve notice to the pusher and the peddler that their criminal acts must stop. No matter how well organized they are, we will be better organized. No matter how well they have con- cealed their activities, we will root them out. Today, Federal investigation and enforcement of our narcotics laws are fragmented. One major element—the Bureau of Narcotics—is in the Treasury Department and responsible for the control of marihuana and nar- cotics such as heroin. Another—the Bureau of Drug Abuse Control—is in the Department of Health, Edu- cation, and Welfare, and is responsible for the control of dangerous drugs including depressants, stimulants, and hallucinogens such as LSD. Neither is located in the agency which is primarily concerned with Federal law enforcement—the Depart- ment of Justice. This separation of responsibilities—despite the re- lentless and dedicated efforts of the agents of each Bu- reau—has complicated and hindered our response to a national menace. For example, more than nine out of ten seizures of LSD made by the Bureau of Drug Abuse Control have also turned up marihuana—but that Bureau has no ju- risdiction over marihuana. In many instances, we are confronted by well orga- nized disciplined and resourceful criminals who reap huge profits at the expense of their unfortunate vic- tims. The response of the Federal Government must be uni- fied. And it must be total. Today, in my Message on Crime, I recommended strong new laws to control dangerous drugs. I also rec- ommended an increase of more than thirty percent in the number of Federal agents enforcing the narcotic and dangerous drug laws. I now propose that a single Bureau of Narcotics and Dangerous Drugs be established in the Department of Justice to administer those laws and to bring to the American people the most efficient and effective Fed- eral enforcement machinery we can devise. Under this Reorganization Plan the Attorney General will have full authority and responsibility for enforcing the Federal laws relating to narcotics and dangerous drugs. The new Bureau of Narcotics and Dangerous Drugs, to be headed by a Director appointed by the At- torney General, will: —consolidate the authority and preserve the experi- ence and manpower of the Bureau of Narcotics and the Bureau of Drug Abuse Control. —work with states and local governments in their crackdown on illegal trade in drugs and narcotics, and help to train local agents and investigators. —maintain worldwide operations, working closely with other nations, to suppress the trade in illicit narcotics and marihuana. —conduct an extensive campaign of research and a nationwide public education program on drug abuse and its tragic effects. The Plan I forward today moves in the direction rec- ommended by two distinguished groups: —1949 Hoover Commission. —the 1963 Presidential Advisory Commission on Nar- cotic and Drug Abuse. This Administration and this Congress have the will and the determination to stop the illicit traffic in drugs. But we need more than the will and the determina- tion. We need a modern and efficient instrument of Government to transform our plans into action. That is what this Reorganization Plan calls for. The Plan has been prepared in accordance with chap- ter 9 of title 5 of the United States Code. I have found, after investigation, that each reorga- nization included in the plan is necessary to accom- plish one or more of the purposes set forth in section 901(a) of title 5 of the United States Code. Page 181 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 509 I have also found that, by reason of these reorganiza- tions, it is necessary to include in the accompanying plan provisions for the appointment and compensation of the five new positions as specified in section 3 of the plan. The rates of compensation fixed for these new po- sitions are those which I have found to prevail in re- spect of comparable positions in the Executive Branch of the Government. Should the reorganization I propose take effect, they will make possible more effective and efficient admin- istration of Federal law enforcement functions. It is not practicable at this time, however, to itemize the re- duction in expenditures which may result. I recommend that the Congress allow this urgently needed and important Reorganization Plan to become effective. LYNDON B. JOHNSON. THE WHITE HOUSE, February 7, 1968 REORGANIZATION PLAN NO. 2 OF 1973 Effective July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, as amended Pub. L. 93–253, § 1, Mar. 16, 1974, 88 Stat. 50 Prepared by the President and transmitted to the Sen- ate and the House of Representatives in Congress as- sembled, March 28, 1973, pursuant to the provisions of Chapter 9 of Title 5 of the United States Code. LAW ENFORCEMENT IN ILLICIT DRUG ACTIVITIES SECTION 1. TRANSFERS TO THE ATTORNEY GENERAL There are hereby transferred from the Secretary of the Treasury, the Department of the Treasury, and any other officer or any agency of the Department of the Treasury, to the Attorney General all intelligence, in- vestigative, and law enforcement functions, vested by law in the Secretary, the Department, officers, or agen- cies which relate to the suppression of illicit traffic in narcotics, dangerous drugs, or marihuana, except that the Secretary shall retain, and continue to perform, those functions, to the extent that they relate to searches and seizures of illicit narcotics, dangerous drugs, or marihuana or to the apprehension or deten- tion of persons in connection therewith, at regular in- spection locations at ports of entry or anywhere along the land or water borders of the United States: Pro- vided, that any illicit narcotics, dangerous drugs, mari- huana, or related evidence seized, and any person ap- prehended or detained by the Secretary or any officer of the Department of the Treasury, pursuant to the au- thority retained in them by virtue of this section, shall be turned over forthwith to the jurisdiction of the At- torney General: Provided further, that nothing in this section shall be construed as limiting in any way any authority vested by law in the Secretary of the Treas- ury, the Department of the Treasury, or any other offi- cer or any agency of that Department on the effective date of this Plan with respect to contraband other than illicit narcotics, dangerous drugs, and marihuana: and Provided further, that nothing in this section shall be construed as limiting in any way any authority the At- torney General, the Department of Justice, or any other officer or any agency of that Department may otherwise have to make investigations or engage in law enforcement activities, including activities relating to the suppression of illicit traffic in narcotics, dangerous drugs, and marihuana, at ports of entry or along the land and water borders of the United States. SEC. 2. TRANSFERS TO THE SECRETARY OF THE TREASURY [Repealed. Pub. L. 93–253, § 1(a)(1), (b), Mar. 16, 1974, 88 Stat. 50, eff. July 1, 1973. Section provided for transfer to Secretary of the Treasury of functions vested in At- torney General, Department of Justice, or any other of- ficer of such Department respecting inspection at ports of entry of persons, and documents of persons, entering or leaving the United States.] SEC. 3. ABOLITION The Bureau of Narcotics and Dangerous Drugs, in- cluding the Office of Director thereof, is hereby abol- ished, and section 3(a) of Reorganization Plan No. 1 of 1968 is hereby repealed. The Attorney General shall make such provision as he may deem necessary with re- spect to terminating those affairs of the Bureau of Nar- cotics and Dangerous Drugs not otherwise provided for in this Reorganization Plan. SEC. 4. DRUG ENFORCEMENT ADMINISTRATION There is established in the Department of Justice an agency which shall be known as the Drug Enforcement Administration, hereinafter referred to as ‘‘the Admin- istration.’’ SEC. 5. OFFICERS OF THE ADMINISTRATION (a) There shall be at the head of the Administration the Administrator of Drug Enforcement, hereinafter re- ferred to as ‘‘the Administrator.’’ The Administrator shall be appointed by the President by and with the ad- vice and consent of the Senate, and shall receive com- pensation at the rate now or hereafter prescribed by law for positions of level III of the Executive Schedule Pay Rates (5 U.S.C. 5314). He shall perform such func- tions as the Attorney General shall from time to time direct. (b) There shall be in the Administration a Deputy Ad- ministrator of the Drug Enforcement Administration, hereinafter referred to as ‘‘the Deputy Administrator,’’ who shall be appointed by the President by and with the advice and consent of the Senate, shall perform such functions as the Attorney General may from time to time direct, and shall receive compensation at the rate now or hereafter prescribed by law for positions of level V of the Executive Schedule Pay Rates (5 U.S.C. 5316). (c) The Deputy Administrator or such other official of the Department of Justice as the Attorney General shall from time to time designate shall act as Adminis- trator during the absence or disability of the Adminis- trator or in the event of a vacancy in the office of Ad- ministrator. SEC. 6. PERFORMANCE OF TRANSFERRED FUNCTIONS The Attorney General may from time to time make such provisions as he shall deem appropriate author- izing the performance of any of the functions trans- ferred to him by the provisions of this Reorganization Plan by any officer, employee, or agency of the Depart- ment of Justice. [Section, former subsec. (a) designation, and subsec. (b) providing for performance of functions transferred to Secretary of Treasury by any officer, employee, or agency of Treasury Department, repealed by Pub. L. 93–253, § 1(a)(2), (b), Mar. 16, 1974, 88 Stat. 50, eff. July 1, 1973.] SEC. 7. COORDINATION The Attorney General, acting through the Adminis- trator and such other officials of the Department of Justice as he may designate, shall provide for the co- ordination of all drug law enforcement functions vested in the Attorney General so as to assure maximum co- operation between and among the Administration, the Federal Bureau of Investigation, and other units of the Department involved in the performance of these and related functions. SEC. 8. INCIDENTAL TRANSFERS (a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available or to be made available in connection with the functions trans- ferred to the Attorney General and to the Secretary of the Treasury by this Reorganization Plan as the Direc- tor of the Office of Management and Budget shall de- termine shall be transferred to the Department of Jus- Page 182 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 509 tice and to the Department of the Treasury, respec- tively, at such time or times as the Director shall di- rect. (b) Such further measures and dispositions as the Di- rector of the Office of Management and Budget shall deem to be necessary in order to effectuate transfers referred to in subsection (a) of this section shall be car- ried out in such manner as he shall direct and by such Federal agencies as he shall designate. SEC. 9. INTERIM OFFICERS (a) The President may authorize any person who, im- mediately prior to the effective date of this Reorga- nization Plan, held a position in the Executive Branch of the Government to act as Administrator until the of- fice of Administrator is for the first time filled pursu- ant to the provisions of this Reorganization Plan or by recess appointment as the case may be. (b) The President may similarly authorize any such person to act as Deputy Administrator. (c) The President may authorize any person who serves in an acting capacity under the foregoing provi- sions of this section to receive the compensation at- tached to the office in respect to which he so serves. Such compensation, if authorized, shall be in lieu of, but not in addition to, other compensation from the United States to which such person may be entitled. SEC. 10. EFFECTIVE DATE The provisions of this Reorganization Plan shall take effect as provided by section 906(a) of title 5 of the United States Code or on July 1, 1973, whichever is later. MESSAGE OF THE PRESIDENT To the Congress of the United States: Drug abuse is one of the most vicious and corrosive forces attacking the foundations of American society today. It is a major cause of crime and a merciless de- stroyer of human lives. We must fight it with all of the resources at our command. This Administration has declared all-out, global war on the drug menace. As I reported to the Congress ear- lier this month in my State of the Union message, there is evidence of significant progress on a number of fronts in that war. Both the rate of new addiction to heroin and the number of narcotic-related deaths showed an encour- aging downturn last year. More drug addicts and abus- ers are in treatment and rehabilitation programs than ever before. Progress in pinching off the supply of illicit drugs was evident in last year’s stepped-up volume of drug seizures worldwide—which more than doubled in 1972 over the 1971 level. Arrests of traffickers have risen by more than one- third since 1971. Prompt Congressional action on my proposal for mandatory minimum sentences for pushers of hard drugs will help ensure that convictions stem- ming from such arrests lead to actual imprisonment of the guilty. Notwithstanding these gains, much more must be done. The resilience of the international drug trade re- mains grimly impressive—current estimates suggest that we still intercept only a small fraction of all the heroin and cocaine entering this country. Local police still find that more than one of every three suspects ar- rested for street crimes is a narcotic abuser or addict. And the total number of Americans addicted to nar- cotics, suffering terribly themselves and inflicting their suffering in countless others, still stands in the hundreds of thousands. A UNIFIED COMMAND FOR DRUG ENFORCEMENT Seeking ways to intensify our counter-offensive against this menace, I am asking the Congress today to join with this Administration in strengthening and streamlining the Federal drug law enforcement effort. Funding for this effort has increased sevenfold during the past five years, from $36 million in fiscal year 1969 to $257 million in fiscal year 1974—more money is not the most pressing enforcement need at present. Nor is there a primary need for more manpower working on the problem, over 2100 new agents having already been added to the Federal drug enforcement agencies under this Administration, an increase of more than 250 per- cent over the 1969 level. The enforcement work could benefit significantly, however, from consolidation of our anti-drug forces under a single unified command. Right now the Federal Government is fighting the war on drug abuse under a distinct handicap, for its efforts are those of a loosely confederated alliance facing a resourceful, elusive, worldwide enemy. Admiral Mahan, the master naval strategist, described this handicap precisely when he wrote that ‘‘Granting the same aggregate of force, it is never as great in two hands as in one, because it is not perfectly concentrated.’’ More specifically, the drug law enforcement activi- ties of the United States now are not merely in two hands but in half a dozen. Within the Department of Justice, with no overall direction below the level of the Attorney General, these fragmented forces include the Bureau of Narcotics and Dangerous Drugs, the Office for Drug Abuse Law Enforcement, the Office of Na- tional Narcotics Intelligence, and certain activities of the Law Enforcement Assistance Administration. The Treasury Department is also heavily engaged in en- forcement work through the Bureau of Customs. This aggregation of Federal activities has grown up rapidly over the past few years in response to the ur- gent need for stronger anti-drug measures. It has en- abled us to make a very encouraging beginning in the accelerated drug enforcement drive of this Administra- tion. But it also has serious operational and organizational shortcomings. Certainly the cold-blooded underworld networks that funnel narcotics from suppliers all over the world into the veins of American drug victims are no respecters of the bureaucratic dividing lines that now complicate our anti-drug efforts. On the contrary, these modern-day slave traders can derive only advan- tage from the limitations of the existing organizational patchwork. Experience has now given us a good basis for correcting those limitations, and it is time to do so. I therefore propose creation of a single, comprehen- sive Federal agency within the Department of Justice to lead the war against illicit drug traffic. Reorganization Plan No. 2 of 1973, which I am trans- mitting to the Congress with this message, would es- tablish such an agency, to be called the Drug Enforce- ment Administration. It would be headed by an Admin- istrator reporting directly to the Attorney General. The Drug Enforcement Administration would carry out the following anti-drug functions, and would absorb the associated manpower and budgets: —All functions of the Bureau of Narcotics and Dan- gerous Drugs (which would be abolished as a sepa- rate entity by the reorganization plan); —Those functions of the Bureau of Customs per- taining to drug investigations and intelligence (to be transferred from the Treasury Department to the Attorney General by the reorganization plan). —All functions of the Office of Drug Abuse Law En- forcement; and —All functions of the Office of National Narcotics In- telligence. Merger of the latter two organizations into the new agency would be effected by an executive order dis- solving them and transferring their functions, to take effect upon approval of Reorganization Plan No. 2 by the Congress. Drug law enforcement research currently funded by the Law Enforcement Assistance Adminis- tration and other agencies would also be transferred to the new agency by executive action. The major responsibility of the Drug Enforcement Administration would thus include: —development of overall Federal drug law enforce- ment strategy, programs, planning, and evaluation; —full investigation and preparation for prosecution of suspects for violations under all Federal drug trafficking laws; Page 183 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 509 —full investigation and preparation for prosecution of suspects connected with illicit drugs seized at U.S. ports-of-entry and international borders; —conduct of all relations with drug law enforcement officials of foreign governments, under the policy guidance of the Cabinet Committee on Inter- national Narcotics Control; —full coordination and cooperation with State and local law enforcement officials on joint drug en- forcement efforts; and —regulation of the legal manufacture of drugs and other controlled substances under Federal regula- tions. The Attorney General, working closely with the Ad- ministrator of this new agency, would have authority to make needed program adjustments. He would take steps within the Department of Justice to ensure that high priority emphasis is placed on the prosecution and sentencing of drug traffickers following their apprehen- sion by the enforcement organization. He would also have the authority and responsibility for securing the fullest possible cooperation-particularly with respect to collection of drug intelligence—from all Federal de- partments and agencies which can contribute to the anti-drug work, including the Internal Revenue Service and the Federal Bureau of Investigation. My proposals would make possible a more effective antidrug role for the FBI, especially in dealing with the relationship between drug trafficking and organized crime. I intend to see that the resources of the FBI are fully committed to assist in supporting the new Drug Enforcement Administration. The consolidation effected under Reorganization Plan No. 2 would reinforce the basic law enforcement and criminal justice mission of the Department of Justice. With worldwide drug law enforcement responsibilities no longer divided among several organizations in two different Cabinet departments, more complete and cu- mulative drug law enforcement intelligence could be compiled. Patterns of international and domestic illicit drug production, distribution, and sale could be more directly compared and interpreted. Case-by-case drug law enforcement activities could be more comprehen- sively linked, cross-referenced, and coordinated into a single, organic enforcement operation. In short, drug law enforcement officers would be able to spend more time going after the traffickers and less time coordi- nating with one another. Such progress could be especially helpful on the international front. Narcotics control action plans, de- veloped under the leadership of the Cabinet Committee on International Narcotics Control, are now being car- ried out by U.S. officials in cooperation with host gov- ernments in 59 countries around the world. This wide- ranging effort to cut off drug supplies before they ever reach U.S. borders or streets is just now beginning to bear fruit. We can enhance its effectiveness, with little disruption of ongoing enforcement activities, by merg- ing both the highly effective narcotics force of overseas Customs agents and the rapidly developing inter- national activities of the Bureau of Narcotics and Dan- gerous Drugs into the Drug Enforcement Administra- tion. The new agency would work closely with the Cab- inet Committee under the active leadership of the U.S. Ambassador in each country where anti-drug programs are underway. Two years ago, when I established the Special Action Office for Drug Abuse Prevention within the Executive Office of the President, we gained an organization with the necessary resources, breadth, and leadership capac- ity to begin dealing decisively with the ‘‘demand’’ side of the drug abuse problem—treatment and rehabilita- tion for those who have been drug victims, and preven- tive programs for potential drug abusers. This year, by permitting my reorganization proposals to take effect, the Congress can help provide a similar capability on the ‘‘supply’’ side. The proposed Drug Enforcement Ad- ministration, working as a team with the Special Ac- tion Office, would arm Americans with a potent one- two punch to help us fight back against the deadly menace of drug abuse. I ask full Congressional coopera- tion in its establishment. IMPROVING PORT-OF-ENTRY INSPECTIONS No heroin or cocaine is produced within the United States; domestic availability of these substances re- sults solely from their illegal importation. The careful and complete inspection of all persons and goods com- ing into the United States is therefore an integral part of effective Federal drug law enforcement. At the present time, however, Federal responsibility for conducting port-of-entry inspections is awkwardly divided among several Cabinet departments. The prin- cipal agencies involved are the Treasury Department’s Bureau of Customs, which inspects goods, and the Jus- tice Department’s Immigration and Naturalization Service, which inspects persons and their papers. The two utilize separate inspection procedures, hold dif- fering views of inspection priorities, and employ dis- similar personnel management practices. To reduce the possibility that illicit drugs will escape detection at ports-of-entry because of divided responsi- bility, and to enhance the effectiveness of the Drug En- forcement Administration, the reorganization plan which I am proposing today would transfer to the Sec- retary of the Treasury all functions currently vested in Justice Department officials to inspect persons, or the documents of persons. When the plan takes effect, it is my intention to di- rect the Secretary of the Treasury to use the resources so transferred—including some 1,000 employees of the Immigration and Naturalization Service—to augment the staff and budget of the Bureau of Customs. The Bu- reau’s primary responsibilities would then include: —inspection of all persons and goods entering the United States; —valuation of goods being imported, and assessment of appropriate tariff duties; —interception of contraband being smuggled into the United States; —enforcement of U.S. laws governing the inter- national movement of goods, except the investiga- tion of contraband drugs and narcotics; and —turning over the investigation responsibility for all drug law enforcement cases to the Department of Justice. The reorganization would thus group most port-of- entry inspection functions in a single Cabinet depart- ment. It would reduce the need for much day-to-day interdepartmental coordination, allow more efficient staffing at some field locations, and remove the basis for damaging interagency rivalries. It would also give the Secretary of the Treasury the authority and flexi- bility to meet changing requirements in inspecting the international flow of people and goods. An important by-product of the change would be more convenient service for travellers entering and leaving the country. For these reasons, I am convinced that inspection ac- tivities at U.S. ports-of-entry can more effectively sup- port our drug law enforcement efforts if concentrated in a single agency. The processing of persons at ports- of-entry is too closely interrelated with the inspection of goods to remain organizationally separated from it any longer. Both types of inspections have numerous objectives besides drug law enforcement, so it is logical to vest them in the Treasury Department, which has long had the principal responsibility for port-of-entry inspection of goods, including goods being transported in connection with persons. As long as the inspections are conducted with full awareness of related drug con- cerns it is neither necessary nor desirable that they be made a responsibility of the primary drug enforcement organization. DECLARATIONS After investigation, I have found that each action in- cluded in Reorganization Plan No. 2 of 1973 is necessary to accomplish one or more of the purposes set forth in Section 901(a) of Title 5 of the United States Code. In Page 184 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 509 particular, the plan is responsive of the intention of the Congress as expressed in Section 901(a)(1): ‘‘to promote better execution of the laws, more effective manage- ment of the executive branch and of its agencies and functions, and expeditious administration of the public business;’’ Section 901(a)(3): ‘‘to increase the efficiency of the operations of the Government to the fullest ex- tent practicable;’’ Section 901(a)(5) ‘‘to reduce the num- ber of agencies by consolidating those having similar functions under a single head, and to abolish such agen- cies or functions as may not be necessary for the effi- cient conduct of the Government;’’ and Section 901(a)(6): ‘‘to eliminate overlapping and duplication of effort.’’ As required by law, the plan has one logically con- sistent subject matter: consolidation of Federal drug law enforcement activities in a manner designed to in- crease their effectiveness. The plan would establish in the Department of Jus- tice a new Administration designated as the Drug En- forcement Administration. The reorganizations pro- vided for in the plan make necessary the appointment and compensation of new officers as specified in Sec- tion 5 of the plan. The rates of compensation fixed for these officers would be comparable to those fixed for of- ficers in the executive branch who have similar respon- sibilities. While it is not practicable to specify all of the ex- penditure reductions and other economies which may result from the actions proposed, some savings may be anticipated in administrative costs now associated with the functions being transferred and consolidated. The proposed reorganization is a necessary step in upgrading the effectiveness of our Nation’s drug law en- forcement effort. Both of the proposed changes would build on the strengths of established agencies, yielding maximum gains in the battle against drug abuse with minimum loss of time and momentum in the transi- tion. I am confident that this reorganization plan would significantly increase the overall efficiency and effec- tiveness of the Federal Government. I urge the Con- gress to allow it to become effective. RICHARD NIXON. THE WHITE HOUSE, March 28, 1973 EX. ORD. NO. 12146. MANAGEMENT OF FEDERAL LEGAL RESOURCES Ex. Ord. No. 12146, July 18, 1979, 44 F.R. 42657, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 13286, § 53, Feb. 28, 2003, 68 F.R. 10628, provided: By the authority vested in me as President by the Constitution and statutes of the United States of America, it is hereby ordered as follows: 1–1. ESTABLISHMENT OF THE FEDERAL LEGAL COUNCIL 1–101. There is hereby established the Federal Legal Council, which shall be composed of the Attorney Gen- eral and the representatives of not more than 16 other agencies. The agency representative shall be designated by the head of the agency. 1–102. The initial membership of the Council, in addi- tion to the Attorney General, shall consist of rep- resentatives designated by the heads of the following agencies: (a) The Department of Commerce. (b) The Department of Defense. (c) The Department of Energy. (d) The Environmental Protection Agency. (e) The Equal Employment Opportunity Commission. (f) The Federal Trade Commission. (g) The Department of Health and Human Services. (h) The Interstate Commerce Commission. (i) The Department of Labor. (j) The National Labor Relations Board. (k) The Securities and Exchange Commission. (l) The Department of State. (m) The Department of the Treasury. (n) The Department of Homeland Security. (o) The United States Postal Service and (p) the Veterans Administration. 1–103. The initial members of the Council shall serve for a term of two years. Thereafter, the agencies which compose the membership shall be designated annually by the Council and at least five positions on the Coun- cil, other than that held by the Attorney General, shall rotate annually. 1–104. In addition to the above members, the Direc- tors of the Office of Management and Budget and the Office of Personnel Management, or their designees, shall be advisory members of the Council. 1–105. The Attorney General shall chair the Council and provide staff for its operation. Representatives of agencies that are not members of the Council may serve on or chair subcommittees of the Council. 1–2. FUNCTIONS OF THE COUNCIL 1–201. The Council shall promote: (a) coordination and communication among Federal legal offices; (b) improved management of Federal lawyers, associ- ated support personnel, and information systems; (c) improvements in the training provided to Federal lawyers; (d) the facilitation of the personal donation of pro bono legal services by Federal attorneys; (e) the use of joint or shared legal facilities in field offices; and (f) the delegation of legal work to field offices. 1–202. The Council shall study and seek to resolve problems in the efficient and effective management of Federal legal resources that are beyond the capacity or authority of individual agencies to resolve. 1–203. The Council shall develop recommendations for legislation and other actions: (a) to increase the effi- cient and effective operation and management of Fed- eral legal resources, including those matters specified in Section 1–201, and (b) to avoid inconsistent or unnec- essary litigation by agencies. 1–3. LITIGATION NOTICE SYSTEM 1–301. The Attorney General shall establish and main- tain a litigation notice system that provides timely in- formation about all civil litigation pending in the courts in which the Federal Government is a party or has a significant interest. 1–302. The Attorney General shall issue rules to gov- ern operation of the notice system. The rules shall in- clude the following requirement: (a) All agencies with authority to litigate cases in court shall promptly notify the Attorney General about those cases that fall in classes or categories des- ignated from time to time by the Attorney General. (b) The Attorney General shall provide all agencies reasonable access to the information collected in the litigation notice system. 1–4. RESOLUTION OF INTERAGENCY LEGAL DISPUTES 1–401. Whenever two or more Executive agencies are unable to resolve a legal dispute between them, includ- ing the question of which has jurisdiction to administer a particular program or to regulate a particular activ- ity, each agency is encouraged to submit the dispute to the Attorney General. 1–402. Whenever two or more Executive agencies whose heads serve at the pleasure of the President are unable to resolve such a legal dispute, the agencies shall submit the dispute to the Attorney General prior to proceeding in any court, except where there is spe- cific statutory vesting of responsibility for a resolution elsewhere. 1–5. ACCESS TO LEGAL OPINIONS 1–501. In addition to the disclosure now required by law, all agencies are encouraged to make available for public inspection and copying other opinions of their legal officers that are statements of policy or interpre- Page 185 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 509 tation that have been adopted by the agency, unless the agency determines that disclosure would result in demonstrable harm. 1–502. All agencies are encouraged to make available on request other legal opinions, when the agency deter- mines that disclosure would not be harmful. 1–6. AUTOMATED LEGAL RESEARCH AND INFORMATION SYSTEMS 1–601. The Attorney General, in coordination with the Secretary of Defense and other agency heads, shall pro- vide for a computerized legal research system that will be available to all Federal law offices on a reimburs- able basis. The system may include in its data base such Federal regulations, case briefs, and legal opin- ions, as the Attorney General deems appropriate. 1–602. The Federal Legal Council shall provide leader- ship for all Federal legal offices in establishing appro- priate word processing and management information systems. 1–7. RESPONSIBILITIES OF THE AGENCIES 1–701. Each agency shall (a) review the management and operation of its legal activities and report in one year to the Federal Legal Council all steps being taken to improve those operations, and (b) cooperate with the Federal Legal Council and the Attorney General in the performance of the functions provided by this Order. 1–702. To the extent permitted by law, each agency shall furnish the Federal Legal Council and the Attor- ney General with reports, information and assistance as requested to carry out the provisions of this Order. EXECUTIVE ORDER NO. 13271 Ex. Ord. No. 13271, July 9, 2002, 67 F.R. 46091, as amended by Ex. Ord. No. 13286, § 3, Feb. 28, 2003, 68 F.R. 10619, which established within the Department of Jus- tice a Corporate Fraud Task Force, was terminated by Ex. Ord. No. 13519, § 7(b), Nov. 17, 2009, 74 F.R. 60125, for- merly set out below. EX. ORD. NO. 13402. STRENGTHENING FEDERAL EFFORTS TO PROTECT AGAINST IDENTITY THEFT Ex. Ord. No. 13402, May 10, 2006, 71 F.R. 27945, as amended by Ex. Ord. No. 13414, Nov. 3, 2006, 71 F.R. 65365, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to strengthen efforts to protect against identity theft, it is hereby ordered as follows: SECTION 1. Policy. It is the policy of the United States to use Federal resources effectively to deter, prevent, detect, investigate, proceed against, and prosecute un- lawful use by persons of the identifying information of other persons, including through: (a) increased aggressive law enforcement actions de- signed to prevent, investigate, and prosecute identity theft crimes, recover the proceeds of such crimes, and ensure just and effective punishment of those who per- petrate identity theft; (b) improved public outreach by the Federal Govern- ment to better (i) educate the public about identity theft and protective measures against identity theft, and (ii) address how the private sector can take appro- priate steps to protect personal data and educate the public about identity theft; and (c) increased safeguards that Federal departments, agencies, and instrumentalities can implement to bet- ter secure government-held personal data. SEC. 2. Establishment of the Identity Theft Task Force. (a) There is hereby established the Identity Theft Task Force. (b) The Task Force shall consist exclusively of: (i) the Attorney General, who shall serve as Chair- man of the Task Force; (ii) the Chairman of the Federal Trade Commission, who shall serve as Co-Chairman of the Task Force; (iii) the Secretary of the Treasury; (iv) the Secretary of Commerce; (v) the Secretary of Health and Human Services; (vi) the Secretary of Veterans Affairs; (vii) the Secretary of Homeland Security; (viii) the Director of the Office of Management and Budget; (ix) the Commissioner of Social Security; (x) the following officers of the United States: (A) the Chairman of the Board of Governors of the Federal Reserve System; (B) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (C) the Comptroller of the Currency; (D) the Director of the Office of Thrift Supervision; (E) the Chairman of the National Credit Union Ad- ministration Board; and (F) the Postmaster General; and (xi) such other officers of the United States as the At- torney General may designate from time to time, with the concurrence of the respective heads of departments and agencies concerned. (c) The Chairman and Co-Chairman shall convene and preside at the meetings of the Task Force, determine its agenda, direct its work and, as appropriate, estab- lish and direct subgroups of the Task Force that shall consist exclusively of members of the Task Force. Such subgroups may address particular subject matters, such as criminal law enforcement or private sector edu- cation and outreach. The Chairman and Co-Chairman may also designate, with the concurrence of the head of department, agency, or instrumentality of which the official is part, such other Federal officials as they deem appropriate for participation in the Task Force subgroups. (d) A member of the Task Force, including the Chair- man and Co-Chairman, may designate, to perform the Task Force or Task Force subgroup functions of the member, any person who is a part of the member’s de- partment, agency, or instrumentality and who has high-level policy or operational duties or responsibil- ities related to the mission of the Task Force. SEC. 3. Functions of the Task Force. The Task Force, in implementing the policy set forth in section 1 of this order, shall: (a) review the activities of executive branch depart- ments, agencies, and instrumentalities relating to the policy set forth in section 1, and building upon these prior activities, prepare and submit in writing to the President by February 9, 2007, or as soon as practicable thereafter as the Chairman and Co-Chairman shall de- termine, a coordinated strategic plan to further im- prove the effectiveness and efficiency of the Federal Government’s activities in the areas of identity theft awareness, prevention, detection, and prosecution. (b) coordinate, as appropriate and subject to section 5(a) of this order, Federal Government efforts related to implementation of the policy set forth in section 1 of this order; (c) obtain information and advice relating to the pol- icy set forth in section 1 from representatives of State, local, and tribal governments, private sector entities, and individuals, in a manner that seeks their individual advice and does not involve collective judgment or con- sensus advice and deliberation and without giving any such person a vote or a veto over the activities or ad- vice of the Task Force; (d) promote enhanced cooperation by Federal depart- ments and agencies with State and local authorities re- sponsible for the prevention, investigation, and pros- ecution of significant identity theft crimes, including through avoiding unnecessary duplication of effort and expenditure of resources; and (e) provide advice on the establishment, execution, and efficiency of policies and activities to implement the policy set forth in section 1: (i) to the President in written reports from time to time, including recommendations for administrative action or proposals for legislation; and (ii) to the heads of departments, agencies, and instru- mentalities as appropriate from time to time within the discretion of the Chairman and the Co-Chairman. Page 186 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 509 SEC. 4. Cooperation. (a) To the extent permitted by law and applicable presidential guidance, executive de- partments, agencies, and instrumentalities shall pro- vide to the Task Force such information, support, and assistance as the Task Force, through its Chairman and Co-Chairman, may request to implement this order. (b) The Task Force shall be located in the Depart- ment of Justice for administrative purposes, and to the extent permitted by law, the Department of Justice shall provide the funding and administrative support the Task Force needs to implement this order, as deter- mined by the Attorney General. SEC. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an executive depart- ment, agency, or instrumentality or the head thereof; and (ii) functions of the Director of the Office of Manage- ment and Budget relating to budget, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is intended only to improve the inter- nal management of the Federal Government and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in eq- uity by a party against the United States, its depart- ments, agencies, instrumentalities, or entities, its offi- cers or employees, or any other person. SEC. 6. Termination. Unless the Task Force is sooner terminated by the President, the Attorney General may terminate the Task Force by a written notice of its termination published in the Federal Register. GEORGE W. BUSH. EXECUTIVE ORDER NO. 13519 Ex. Ord. No. 13519, Nov. 17, 2009, 74 F.R. 60123, which established the Financial Fraud Enforcement Task Force, was revoked by Ex. Ord. No. 13844, § 5(b), July 11, 2018, 83 F.R. 33116, set out below. EXECUTIVE ORDER NO. 13774 Ex. Ord. No. 13774, Feb. 9, 2017, 82 F.R. 10695, which sets forth executive policy on the prevention of vio- lence against Federal, State, tribal, and local law en- forcement officers, was editorially reclassified as a note preceding section 50101 of Title 34, Crime Control and Law Enforcement. EXECUTIVE ORDER NO. 13776 Ex. Ord. No. 13776, Feb. 9, 2017, 82 F.R. 10699, which di- rects the Attorney General to establish a Task Force on Crime Reduction and Public Safety, was editorially reclassified as a note preceding section 60101 of Title 34, Crime Control and Law Enforcement. EX. ORD. NO. 13844. ESTABLISHMENT OF THE TASK FORCE ON MARKET INTEGRITY AND CONSUMER FRAUD Ex. Ord. No. 13844, July 11, 2018, 83 F.R. 33115, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to strengthen the efforts of the Department of Justice and Federal, State, local, and tribal agencies to investigate and prosecute crimes of fraud committed against the U.S. Government or the American people, recover the proceeds of such crimes, and ensure just and effective punishment of those who perpetrate crimes of fraud, it is hereby ordered as fol- lows: SECTION 1. Establishment. The Attorney General shall establish within the Department of Justice a Task Force on Market Integrity and Consumer Fraud (Task Force). SEC. 2. Membership and Operation. (a) The Task Force shall include the following members: (i) the Deputy Attorney General, who shall serve as the Chair; (ii) the Associate Attorney General, who shall serve as the Vice Chair; (iii) the Assistant Attorney General (Criminal Divi- sion); (iv) the Assistant Attorney General (Civil Division); (v) the Assistant Attorney General (Tax Division); (vi) the Assistant Attorney General (Antitrust Divi- sion); (vii) the Director of the Federal Bureau of Investiga- tion; (viii) United States Attorneys designated by the At- torney General; and (ix) such other officers or employees of the Depart- ment of Justice as the Attorney General may from time to time designate. (b) The Deputy Attorney General shall convene and direct the work of the Task Force in fulfilling its func- tions under this order. The Deputy Attorney General may permit, when appropriate, the designee of a mem- ber of the Task Force, including participants invited under section 3 of this order, to participate in lieu of the member or participant. The Deputy Attorney Gen- eral shall convene the Task Force at such times as the Deputy Attorney General deems appropriate. SEC. 3. Additional Participation for Specified Functions. In the Task Force’s performance of the functions set forth in subsection [sic] 4(a) and (c) of this order, and to the extent permitted by law, the Attorney General, or the Deputy Attorney General as his designee, shall periodically convene meetings and shall invite partici- pation from the following senior officials from execu- tive departments and agencies (agencies), or their des- ignees, as well as such other officials of the Federal Government as the Attorney General or Deputy Attor- ney General deems appropriate: (a) the Secretary of the Treasury; (b) the Secretary of Defense; (c) the Secretary of Health and Human Services; (d) the Secretary of Housing and Urban Development; (e) the Secretary of Energy; (f) the Secretary of Education; (g) the Secretary of Veterans Affairs; (h) the Secretary of Homeland Security; (i) the Administrator of the Small Business Adminis- tration; (j) the Chairman of the Board of Governors of the Federal Reserve System; (k) the Commissioner of Social Security; (l) the Administrator of the United States Agency for International Development; (m) the Director of the Bureau of Consumer Financial Protection; (n) the Chairman of the Federal Trade Commission; (o) the Chairman of the Securities and Exchange Commission; (p) the Administrator of General Services; (q) the Chairman of the National Credit Union Ad- ministration; (r) the Chairman of the Commodity Futures Trading Commission; (s) the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation; (t) the Director of the Federal Housing Finance Agen- cy; (u) the Comptroller of the Currency; and (v) the Chief Postal Inspector for the Postal Inspec- tion Service. SEC. 4. Functions. Consistent with the authorities as- signed to the Attorney General by law, and other appli- cable law, the Task Force shall: (a) provide guidance for the investigation and pros- ecution of cases involving fraud on the government, the financial markets, and consumers, including cyber- fraud and other fraud targeting the elderly, service members and veterans, and other members of the pub- lic; procurement and grant fraud; securities and com- modities fraud, as well as other corporate fraud, with particular attention to fraud affecting the general pub- lic; digital currency fraud; money laundering, including the recovery of proceeds; health care fraud; tax fraud; and other financial crimes; Page 187 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 509 (b) provide recommendations to the Attorney General on fraud enforcement initiatives across the Depart- ment of Justice and on any matters the Task Force de- termines from time to time to be important in the in- vestigation and prosecution of fraud and other finan- cial crimes; and (c) make recommendations to the President, through the Attorney General for: (i) action to enhance cooperation among agencies in the investigation and prosecution of fraud and other fi- nancial crimes; (ii) action to enhance cooperation among Federal, State, local, and tribal authorities in connection with the detection, investigation, and prosecution of fraud and other financial crimes; and (iii) changes in rules, regulations, or policy, or rec- ommendations to the Congress regarding legislative measures, to improve the effective investigation and prosecution of fraud and other financial crimes. SEC. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This Task Force shall replace the Financial Fraud Enforcement Task Force created by Executive Order 13519 of November 17, 2009 [formerly set out above] (Es- tablishment of the Financial Fraud Enforcement Task Force). The Financial Fraud Enforcement Task Force is hereby terminated pursuant to section 8 of Executive Order 13519 and that order is hereby revoked. (c) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. SEC. 6. Termination. The Task Force shall terminate when directed by the President or, with the approval of the President, by the Attorney General. DONALD J. TRUMP. RESTORING THE DEPARTMENT OF JUSTICE’S ACCESS-TO- JUSTICE FUNCTION AND REINVIGORATING THE WHITE HOUSE LEGAL AID INTERAGENCY ROUNDTABLE Memorandum of President of the United States, May 18, 2021, 86 F.R. 27793, provided: Memorandum for the Heads of Executive Depart- ments and Agencies By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to increase meaningful access to our legal system and an array of Federal programs, it is hereby ordered as follows: SECTION 1. Policy. This Nation was founded on the ideal of equal justice under the law. Everyone in this country should be able to vindicate their rights and avail themselves of the protections that our laws afford on equal footing. Whether we realize this ideal hinges on the extent to which everyone in the United States has meaningful access to our legal system. Legal serv- ices are crucial to the fair and effective administration of our laws and public programs, and the stability of our society. Recognizing the importance of access to justice and the power of legal aid, the Department of Justice (DOJ) in 2010 launched an access-to-justice initiative. In 2016, DOJ formally established the Office for Access to Jus- tice. This office worked in partnership with other DOJ components to coordinate policy initiatives on topics including criminal indigent defense, enforcement of fines and fees, language barriers in access to the courts, and civil legal aid. The DOJ and the White House Do- mestic Policy Council also launched the Legal Aid Interagency Roundtable (LAIR) in 2012 to work with civil legal aid partners to advance Federal programs; create and disseminate tools to provide information about civil legal aid and Federal funding opportunities; and generate research to inform policy that improves access to justice. The LAIR’s successes prompted President Obama to issue the memorandum of September 24, 2015 (Estab- lishment of the White House Legal Aid Interagency Roundtable), which formally established LAIR as a White House initiative. Using the White House’s con- vening power, LAIR examined innovative and evidence- based solutions for access to justice, from medical-legal partnerships to improve health outcomes and decrease health costs to better procedures in court hearings for individuals representing themselves. But there is much more for the Federal Government to do. According to a 2017 study by the Legal Services Corporation, low-income Americans receive inadequate or no professional legal assistance with regard to over 80 percent of the civil legal problems they face in a given year. All too often, unaddressed legal issues push people into poverty. At the same time, in the criminal legal system, those who cannot afford private counsel often receive a lower-quality defense because public de- fender caseloads are overburdened. The coronavirus disease 2019 (COVID–19) pandemic has further exposed and exacerbated inequities in our justice system, as courts and legal service providers have been forced to curtail in-person operations, often without the resources or technology to offer remote-ac- cess or other safe alternatives. These access limita- tions have compounded the effects of other harms wrought by the pandemic. These problems have touched the lives of many persons in this country, par- ticularly low-income people and people of color. With these immense and urgent challenges comes the opportunity to strengthen access to justice in the 21st century. Through funding, interagency collaboration, and strategic partnerships, the Federal Government can drive development of new approaches and best practices that provide meaningful access to justice today, and into the future, consistent with our foundational ideal of equal justice under the law. SEC. 2. The Department of Justice’s Access-to-Justice Function. (a) My Administration is committed to pro- moting equal access to justice and addressing access limitations throughout the criminal and civil legal sys- tems. The DOJ has a critical role to play in improving the justice delivery systems that serve people who can- not afford lawyers, and I am committed to reinvigo- rating that work. (b) The Attorney General shall consider expanding DOJ’s planning, development, and coordination of ac- cess-to-justice policy initiatives, including in the areas of criminal indigent defense, civil legal aid, and pro bono legal services. As soon as practicable, and no later than 120 days from the date of this memorandum [May 18, 2021], the Attorney General shall—in coordination with the Director of the Office of Management and Budget—submit a report to the President describing the Department’s plan to expand its access-to-justice function, including the organizational placement of this function within the Department, expected staffing and budget, and, if necessary, the timeline for notifying the Congress of any reorganization. SEC. 3. Reinvigorating the White House Legal Aid Inter- agency Roundtable. My Administration is committed to ensuring that all persons in this country enjoy the pro- tections and benefits of our legal system. Reinvigo- rating LAIR as a White House initiative is a key step in this direction. Accordingly, I direct as follows: (a) The LAIR is hereby reconvened as a White House initiative in furtherance of the vision set forth in the memorandum of September 24, 2015, by which it was es- tablished and in light of today’s most pressing chal- lenges. The September 2015 memorandum is superseded to the extent that it is inconsistent with this memo- randum. (b) The LAIR shall work across executive depart- ments, agencies, and offices to fulfill its mission, in- cluding to: Page 188 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 509A (i) improve coordination among Federal programs, so that programs are more efficient and produce better outcomes by including, where appropriate, legal serv- ices among the range of supportive services provided; (ii) increase the availability of meaningful access to justice for individuals and families, regardless of wealth or status; (iii) develop policy recommendations that improve access to justice in Federal, State, local, Tribal, and international jurisdictions; (iv) assist the United States with implementation of Goal 16 of the United Nation’s 2030 Agenda for Sustain- able Development to promote peaceful and inclusive so- cieties for sustainable development, provide access to justice for all, and build effective, accountable, and in- clusive institutions at all levels; and (v) advance relevant evidence-based research, data collection, and analysis of civil legal aid and indigent defense, and promulgate best practices. (c) The Attorney General and the Counsel to the President, or their designees, shall serve as the Co- Chairs of LAIR, which shall also include a representa- tive or designee from each of the following executive departments, agencies, and offices: (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Defense; (iv) the Department of Justice; (v) the Department of the Interior; (vi) the Department of Agriculture; (vii) the Department of Labor; (viii) the Department of Health and Human Services; (ix) the Department of Housing and Urban Develop- ment; (x) the Department of Transportation; (xi) the Department of Education; (xii) the Department of Veterans Affairs; (xiii) the Department of Homeland Security; (xiv) the Environmental Protection Agency; (xv) the Equal Employment Opportunity Commis- sion; (xvi) the Corporation for National and Community Service; (xvii) the Office of Management and Budget; (xviii) the United States Agency for International De- velopment; (xix) the Administrative Conference of the United States; (xx) the National Science Foundation; (xxi) the United States Digital Service; (xxii) the Domestic Policy Council; (xxiii) the Office of the Vice President; and (xxiv) such other executive departments, agencies, and offices as the Co-Chairs may, from time to time, invite to participate. (d) The Co-Chairs shall invite the participation of the Bureau of Consumer Financial Protection, the Federal Communications Commission, the Federal Trade Com- mission, the Legal Services Corporation, and the Social Security Administration, to the extent consistent with their respective statutory authorities and legal obliga- tions. (e) The LAIR shall report annually to the President on its progress in fulfilling its mission. The report shall include data from participating members on the de- ployment of Federal resources to foster this mission. The LAIR’s 2021 report shall be due no later than 120 days from the date of this memorandum. (f) In light of the mission and function set forth in section 3(b) of this memorandum, LAIR shall focus its first annual report on the impact of the COVID–19 pan- demic on access to justice in both the criminal and civil legal systems. Moreover, the first convening of LAIR shall, at a minimum, address access-to-justice challenges the pandemic has raised and work towards identifying technological and other solutions that both meet these challenges and fortify the justice system’s capacity to serve the public and be inclusive of all com- munities. (g) The Attorney General shall designate an Execu- tive Director of LAIR who shall, as directed by the Co- Chairs, convene regular meetings of LAIR and super- vise its work. The DOJ staff designated to support the Department’s access-to-justice function under section 2 of this memorandum shall serve as the staff of LAIR. (h) The DOJ shall, to the extent permitted by law and subject to the availability of appropriations, provide administrative services, funds, facilities, staff, equip- ment, and other support services as may be necessary for LAIR to carry out its mission. (i) The LAIR shall hold meetings at least three times per year. In the course of its work, LAIR should con- duct outreach to Federal, State, local, Tribal, and international officials, technical advisors, and non- governmental organizations, among others, as nec- essary to carry out its mission (including public de- fender organizations and offices and legal aid organiza- tions and providers). (j) The LAIR members are encouraged to provide sup- port, including by detailing personnel, to LAIR. Mem- bers of LAIR shall serve without any additional com- pensation for their work. SEC. 4. General Provisions. (a) Nothing in this memo- randum shall be construed to impair or otherwise af- fect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) Independent agencies are strongly encouraged to comply with the provisions in this memorandum. (d) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (e) The Attorney General is authorized and directed to publish this memorandum in the Federal Register. J.R. BIDEN, JR. § 509A. National Security Division (a) There is a National Security Division of the Department of Justice. (b) The National Security Division shall con- sist of the elements of the Department of Jus- tice (other than the Federal Bureau of Inves- tigation) engaged primarily in support of the in- telligence and intelligence-related activities of the United States Government, including the following: (1) The Assistant Attorney General des- ignated as the Assistant Attorney General for National Security under section 507A of this title. (2) The Office of Intelligence Policy and Re- view (or any successor organization). (3) The counterterrorism section (or any suc- cessor organization). (4) The counterespionage section (or any successor organization). (5) Any other element, component, or office designated by the Attorney General. (Added Pub. L. 109–177, title V, § 506(b)(1), Mar. 9, 2006, 120 Stat. 248.) § 509B. Section to enforce human rights laws (a) Not later than 90 days after the date of the enactment of the Human Rights Enforcement Act of 2009, the Attorney General shall establish a section within the Criminal Division of the