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, State or Federal law, other applicable rules of practice or procedure, or court order. Sec. 10. Privileged Information. Nothing in this order shall compel or authorize the disclosure of privileged information, sensitive law enforcement information, information affecting national security, or information the disclosure of which is prohibited by law. Sec. 11. Effective Date. This order shall become effective 90 days after the date of signature. This order shall not apply to litigation commenced prior to the effective date. Sec. 12. Revocation. Executive Order No. 12778 is hereby revoked. William J. Clinton. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 section 943; title 12 section 4243; title 19 section 1920; title 31 section 3718; title 38 sections 3730, 5316; title 42 section 8412. -End- -CITE- 28 USC Sec. 520 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 31 - THE ATTORNEY GENERAL -HEAD- Sec. 520. Transmission of petitions in United States Court of Federal Claims or in United States Court of Appeals for the Federal Circuit; statement furnished by departments -STATUTE- (a) In suits against the United States in the United States Court of Federal Claims or in the United States Court of Appeals for the Federal Circuit founded on a contract, agreement, or transaction with an executive department or military department, or a bureau, officer, or agent thereof, or when the matter or thing on which the claim is based has been passed on and decided by an executive department, military department, bureau, or officer authorized to adjust it, the Attorney General shall send to the department, bureau, or officer a printed copy of the petition filed by the claimant, with a request that the department, bureau, or officer furnish to the Attorney General all facts, circumstances, and evidence concerning the claim in the possession or knowledge of the department, bureau, or officer. (b) Within a reasonable time after receipt of the request from the Attorney General, the executive department, military department, bureau, or officer shall furnish the Attorney General with a written statement of all facts, information, and proofs. The statement shall contain a reference to or description of all official documents and papers, if any, as may furnish proof of facts referred to in it, or may be necessary and proper for the defense of the United States against the claim, mentioning the department, office, or place where the same is kept or may be secured. If the claim has been passed on and decided by the department, bureau, or officer, the statement shall briefly state the reasons and principles on which the decision was based. When the decision was founded on an Act of Congress it shall be cited specifically, and if any previous interpretation or construction has been given to the Act, section, or clause by the department, bureau, or officer, it shall be set forth briefly in the statement and a copy of the opinion filed, if any, attached to it. When a decision in the case has been based on a regulation of a department or when a regulation has, in the opinion of the department, bureau, or officer sending the statement, any bearing on the claim, it shall be distinctly quoted at length in the statement. When more than one case or class of cases is pending, the defense of which rests on the same facts, circumstances, and proofs, the department, bureau, or officer may certify and send one statement and it shall be held to apply to all cases as if made out, certified, and sent in each case respectively. -SOURCE- (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 614; amended Pub. L. 97-164, title I, Sec. 118(a), Apr. 2, 1982, 96 Stat. 32; Pub. L. 102-572, title IX, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat. 4516.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- 5 U.S.C. 91. R.S. Sec. 188. -------------------------------------------------------------------- The section is reorganized and restated for clarity. In subsection (a), the word "concerning" is substituted for "touching". In subsection (b), the words "without delay" are omitted as unnecessary in view of the requirement that the statement be furnished "Within a reasonable time". The word "briefly" is substituted for "succinctly". The words "in suit" are omitted as unnecessary. The words "executive department" are substituted for "department" because "department" as used in R.S. Sec. 188 meant "executive department". (See R.S. Sec. 159.) The words "military department" are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the Department of the Navy, and the Department of the Air Force were Executive departments. The National Security Act Amendments of 1949 established the Department of Defense as an Executive Department including the Department of the Army, the Department of the Navy, and the Department of the Air Force as military departments, not as Executive departments. However, the source law for this section, which was in effect in 1949, remained applicable to the Secretaries of the military departments by virtue of section 12(g) of the National Security Act Amendments of 1949 (63 Stat. 591), which is set out in the reviser's note for section 301 of title 5, United States Code. AMENDMENTS 1992 - Pub. L. 102-572 substituted "United States Court of Federal Claims" for "United States Claims Court" in section catchline and subsec. (a). 1982 - Pub. L. 97-164, Sec. 118(a)(2), substituted "United States Claims Court or in United States Court of Appeals for the Federal Circuit" for "Court of Claims" in section catchline. Subsec. (a). Pub. L. 97-164, Sec. 118(a)(1), substituted "United States Claims Court or in the United States Court of Appeals for the Federal Circuit" for "Court of Claims". EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section 911 of Pub. L. 102-572, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as a note under section 171 of this title. -End- -CITE- 28 USC Sec. 521 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 31 - THE ATTORNEY GENERAL -HEAD- Sec. 521. Publication and distribution of opinions -STATUTE- The Attorney General, from time to time - (1) shall cause to be edited, and printed in the Government Printing Office, such of his opinions as he considers valuable for preservation in volumes; and (2) may prescribe the manner for the distribution of the volumes. Each volume shall contain headnotes, an index, and such footnotes as the Attorney General may approve. -SOURCE- (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 614.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- 5 U.S.C. 305 R.S. Sec. 383 (1st sentence, as (1st sentence, applicable to the Attorney as applicable General; 2d and 3d sentences). to the Attorney General; 2d and 3d sentences). -------------------------------------------------------------------- Section 188 of the Revised Statutes was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, Sec. 201(d), as added Aug. 10, 1949, ch. 412, Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-1), which provides "Except to the extent inconsistent with the provisions of this Act [National Security Act of 1947], the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense" is omitted from this title but is not repealed. The words "his opinions" are substituted for "the opinions of the law officers herein authorized to be given" as the opinions of the Attorney General are his and only his and the reference to other "law officers" is misleading. All functions of all other officers of the Department of Justice were transferred to the Attorney General by 1950 Reorg. Plan No. 2, Sec. 1, eff. May 14, 1950, 64 Stat. 1261. The word "considers" is substituted for "may deem". In the last sentence, the words "proper" and "complete and full" are omitted as unnecessary. -End- -CITE- 28 USC Sec. 522 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 31 - THE ATTORNEY GENERAL -HEAD- Sec. 522. Report of business and statistics -STATUTE- (a) The Attorney General, by April 1 of each year, shall report to Congress on the business of the Department of Justice for the last preceding fiscal year, and on any other matters pertaining to the Department that he considers proper, including - (1) a statement of the several appropriations which are placed under the control of the Department and the amount appropriated; (2) the statistics of crime under the laws of the United States; and (3) a statement of the number of causes involving the United States, civil and criminal, pending during the preceding year in each of the several courts of the United States. (b) With respect to any data, records, or other information acquired, collected, classified, preserved, or published by the Attorney General for any statistical, research, or other aggregate reporting purpose beginning not later than 1 year after the date of enactment of (!1) 21st Century Department of Justice Appropriations Authorization Act and continuing thereafter, and notwithstanding any other provision of law, the same criteria shall be used (and shall be required to be used, as applicable) to classify or categorize offenders and victims (in the criminal context), and to classify or categorize actors and acted upon (in the noncriminal context). -SOURCE- (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 615; amended Pub. L. 94-273, Sec. 19, Apr. 21, 1976, 90 Stat. 379; Pub. L. 107-273, div. A, title II, Sec. 204(b), Nov. 2, 2002, 116 Stat. 1776.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- 5 U.S.C. 333. R.S. Sec. 384. -------------------------------------------------------------------- The words "The Attorney General . . . shall report" are substituted for "It shall be the duty of the Attorney General to make . . . a report". The word "beginning" is substituted for "commencement". The words "pertaining to the Department that he considers proper" are substituted for "appertaining thereto that he may deem proper". The words "and a detailed statement of the amounts used for defraying the expenses of the United States courts in each judicial district" are omitted as obsolete in view of the creation of the Administrative Office of the United States Courts by the Act of Aug. 7, 1939, ch. 501, Sec. 1, 53 Stat. 1223 (Chapter 41 of this title). In paragraph (3), the words "involving the United States" are inserted for clarity. The function of reporting on all cases pending in the United States courts is now vested in the Administrative Office of the United States Courts, see 28 U.S.C. 604. -REFTEXT- REFERENCES IN TEXT The date of enactment of 21st Century Department of Justice Appropriations Authorization Act, referred to in subsec. (b), is the date of enactment of Pub. L. 107-273, which was approved Nov. 2, 2002. -MISC2- AMENDMENTS 2002 - Pub. L. 107-273 designated existing provisions as subsec. (a) and added subsec. (b). 1976 - Pub. L. 94-273 substituted "by April 1 of each year" for "at the beginning of each regular session of Congress". REPORT TO CONGRESS ON BANKING LAW OFFENSES Pub. L. 101-647, title XXV, Sec. 2546, Nov. 29, 1990, 104 Stat. 4885, provided that: "(a) In General. - "(1) Data collection. - The Attorney General shall compile and collect data concerning - "(A) the nature and number of civil and criminal investigations, prosecutions, and related proceedings, and civil enforcement and recovery proceedings, in progress with respect to banking law offenses under sections 981, 1008, 1032, and 3322(d) of title 18, United States Code, and section 951 of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 [12 U.S.C. 1833a] and conspiracies to commit any such offense, including inactive investigations of such offenses; "(B) the number of - "(i) investigations, prosecutions, and related proceedings described in subparagraph (A) which are inactive as of the close of the reporting period but have not been closed or declined; and "(ii) unaddressed referrals which allege criminal misconduct involving offenses described in subparagraph (A), and the reasons such matters are inactive and the referrals unaddressed; "(C) the nature and number of such matters closed, settled, or litigated to conclusion; and "(D) the results achieved, including convictions and pretrial diversions, fines and penalties levied, restitution assessed and collected, and damages recovered, in such matters. "(2) Analysis and report. - The Attorney General shall analyze and report to the Congress on the data described in paragraph (1) and its coordination and other related activities named in section 2539(c)(2) [probably means section 2539(c)(3) of Pub. L. 101-647, set out as a note under section 509 of this title] and shall provide such report on the data monthly through December 31, 1991, and quarterly after such date. "(b) Specifics of Report. - The report required by subsection (a) shall - "(1) categorize data as to various types of financial institutions and appropriate dollar loss categories; "(2) disclose data for each Federal judicial district; "(3) describe the activities of the Financial Institution Fraud Unit; and "(4) list - "(A) the number of institutions, categorized by failed and open institutions, in which evidence of significant fraud, unlawful activity, insider abuse or serious misconduct has been alleged or detected; "(B) civil, criminal, and administrative enforcement actions, including those of the Federal financial institutions regulatory agencies, brought against offenders; "(C) any settlements or judgments obtained against offenders; "(D) indictments, guilty pleas, or verdicts obtained against offenders; and "(E) the resources allocated in pursuit of investigations, prosecutions, and sentencings (including indictments, guilty pleas, or verdicts obtained against offenders) and related proceedings." CONGRESSIONAL OVERSIGHT Pub. L. 100-700, Sec. 6, Nov. 19, 1988, 102 Stat. 4634, which required the Attorney General to report annually to Congress on referrals of fraud cases and related matters, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 120 of House Document No. 103-7. REPORT TO CONGRESS ON ROBBERIES AND BURGLARIES INVOLVING CONTROLLED SUBSTANCES Pub. L. 98-305, Sec. 4, May 31, 1984, 98 Stat. 222, provided that: "For each of the first three years after the date of enactment of this Act [May 31, 1984], the Attorney General of the United States shall submit an annual report to the Congress with respect to the enforcement activities of the Attorney General relating to the offenses created by the amendment made by section 2 of this Act [enacting section 2118 of Title 18, Crimes and Criminal Procedure]." REPORT TO CONGRESS ON SEXUAL EXPLOITATION OF CHILDREN Pub. L. 98-292, Sec. 9, May 21, 1984, 98 Stat. 206, provided that: "Beginning one hundred and twenty days after the date of enactment of this Act [May 21, 1984], and every year thereafter, the Attorney General shall report to the Congress on prosecutions, convictions, and forfeitures under chapter 110 of title 18 of the United States Code." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 18 section 2320; title 31 section 3516; title 42 section 1997f. -FOOTNOTE- (!1) So in original. Probably should be followed by "the". -End- -CITE- 28 USC Sec. 523 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 31 - THE ATTORNEY GENERAL -HEAD- Sec. 523. Requisitions -STATUTE- The Attorney General shall sign all requisitions for the advance or payment of moneys appropriated for the Department of Justice, out of the Treasury, subject to the same control as is exercised on like estimates or accounts by the General Accounting Office. -SOURCE- (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 615.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- 5 U.S.C. 319. R.S. Sec. 369. -------------------------------------------------------------------- The words "General Accounting Office" are substituted for "First Auditor or First Comptroller of the Treasury" on authority of the Act of June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24. -End- -CITE- 28 USC Sec. 524 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 31 - THE ATTORNEY GENERAL -HEAD- Sec. 524. Availability of appropriations -STATUTE- (a) Appropriations for the Department of Justice are available to the Attorney General for payment of - (1) notarial fees, including such additional stenographic services as are required in connection therewith in the taking of depositions, and compensation and expenses of witnesses and informants, all at the rates authorized or approved by the Attorney General or the Assistant Attorney General for Administration; and (2) when ordered by the court, actual expenses of meals and lodging for marshals, deputy marshals, or criers when acting as bailiffs in attendance on juries. (b) Except as provided in subsection (a) of this section, a claim of not more than $500 for expenses related to litigation that is beyond the control of the Department may be paid out of appropriations currently available to the Department for expenses related to litigation when the Comptroller General settles the payment. (c)(1) There is established in the United States Treasury a special fund to be known as the Department of Justice Assets Forfeiture Fund (hereafter in this subsection referred to as the "Fund") which shall be available to the Attorney General without fiscal year limitation for the following law enforcement purposes - (A) the payment, at the discretion of the Attorney General, of any expenses necessary to seize, detain, inventory, safeguard, maintain, advertise, sell, or dispose of property under seizure, detention, or forfeited pursuant to any law enforced or administered by the Department of Justice, or of any other necessary expense incident to the seizure, detention, forfeiture, or disposal of such property including - (i) payments for - (I) contract services; (II) the employment of outside contractors to operate and manage properties or provide other specialized services necessary to dispose of such properties in an effort to maximize the return from such properties; and (III) reimbursement of any Federal, State, or local agency for any expenditures made to perform the functions described in this clause; (ii) payments to reimburse any Federal agency participating in the Fund for investigative costs leading to seizures; (iii) payments for contracting for the services of experts and consultants needed by the Department of Justice to assist in carrying out duties related to asset seizure and forfeiture; and (iv) payments made pursuant to guidelines promulgated by the Attorney General if such payments are necessary and directly related to seizure and forfeiture program expenses for - (I) the purchase or lease of automatic data processing systems (not less than a majority of which use will be related to such program); (II) training; (III) printing; (IV) the storage, protection, and destruction of controlled substances; and (V) contracting for services directly related to the identification of forfeitable assets, and the processing of and accounting for forfeitures; (B) the payment of awards for information or assistance directly relating to violations of the criminal drug laws of the United States or of sections 1956 and 1957 of title 18, sections 5313 and 5324 of title 31, and section 6050I of the Internal Revenue Code of 1986; (C) at the discretion of the Attorney General, the payment of awards for information or assistance leading to a civil or criminal forfeiture involving any Federal agency participating in the Fund; (D) the compromise and payment of valid liens and mortgages against property that has been forfeited pursuant to any law enforced or administered by the Department of Justice, subject to the discretion of the Attorney General to determine the validity of any such lien or mortgage and the amount of payment to be made, and the employment of attorneys and other personnel skilled in State real estate law as necessary; (E)(i) for disbursements authorized in connection with remission or mitigation procedures relating to property forfeited under any law enforced or administered by the Department of Justice; and (ii) for payment for - (I) costs incurred by or on behalf of the Department of Justice in connection with the removal, for purposes of Federal forfeiture and disposition, of any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine; and (II) costs incurred by or on behalf of a State or local government in connection with such removal in any case in which such State or local gove

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