§ 509. — Functions of the Attorney General.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC509]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 31--THE ATTORNEY GENERAL
Sec. 509. Functions of the Attorney General
All functions of other officers of the Department of Justice and all
functions of agencies and employees of the Department of Justice are
vested in the Attorney General except the functions--
(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, Sec. 4(c), Sept. 6, 1966, 80 Stat. 612; amended
Pub. L. 95-251, Sec. 2(a)(6), Mar. 27, 1978, 92 Stat. 183; Pub. L. 98-
473, title II, Sec. 228(a), Oct. 12, 1984, 98 Stat. 2030; Pub. L. 107-
273, div. A, title II, Sec. 204(d), div. B, title IV, Sec. 4003(b)(1),
Nov. 2, 2002, 116 Stat. 1776, 1811.)
Historical and Revision Notes
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code Statutes at Large
------------------------------------------------------------------------
[Uncodified]. 1950 Reorg. Plan No.
2, Sec. 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.]
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, Sec. 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, Secs. 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 ``administrative law
judges'' for ``hearing examiners''.
Effective Date of 1984 Amendment
Section 235(a)(1)(B)(ii)(IV) of Pub. L. 98-473 provided that the
amendment made by Pub. L. 98-473 is effective Oct. 12, 1984.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities 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 references, see
sections 313(4), 551(d), 552(d), and 557 of Title 6, Domestic Security,
and the Department of Homeland Security Reorganization Plan of November
25, 2002, as modified, set out as a note under section 542 of Title 6.
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.
Authorization for Additional Assistant United States Attorneys for
Project Safe Neighborhoods
Pub. L. 107-273, div. A, title I, Sec. 104, Nov. 2, 2002, 116 Stat.
1766, provided that:
``(a) In General.--The Attorney General shall establish a program
for each United States Attorney to provide for coordination with State
and local law enforcement officials in the identification and
prosecution of violations of Federal firearms laws including school gun
violence and juvenile gun offenses.
``(b) Authorization for Hiring 94 Additional Assistant United States
Attorneys.--There are authorized to be appropriated to carry out this
section $9,000,000 for fiscal year 2002 to hire an additional Assistant
United States Attorney in each United States Attorney Office.''
Development and Support of Cybersecurity Forensic Capabilities
Pub. L. 107-56, title VIII, Sec. 816, Oct. 26, 2001, 115 Stat. 385,
provided that:
``(a) In General.--The Attorney General shall establish such
regional computer forensic laboratories as the Attorney General
considers appropriate, and provide support to existing computer forensic
laboratories, in order that all such computer forensic laboratories have
the capability--
``(1) to provide forensic examinations with respect to seized or
intercepted computer evidence relating to criminal activity
(including cyberterrorism);
``(2) to provide training and education for Federal, State, and
local law enforcement personnel and prosecutors regarding
investigations, forensic analyses, and prosecutions of computer-
related crime (including cyberterrorism);
``(3) to assist Federal, State, and local law enforcement in
enforcing Federal, State, and local criminal laws relating to
computer-related crime;
``(4) to facilitate and promote the sharing of Federal law
enforcement expertise and information about the investigation,
analysis, and prosecution of computer-related crime with State and
local law enforcement personnel and prosecutors, including the use
of multijurisdictional task forces; and
``(5) to carry out such other activities as the Attorney General
considers appropriate.
``(b) Authorization of Appropriations.--
``(1) Authorization.--There is hereby authorized to be
appropriated in each fiscal year $50,000,000 for purposes of
carrying out this section.
``(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations in paragraph (1) shall remain
available until expended.''
Training of Government Officials Regarding Identification and Use of
Foreign Intelligence
Pub. L. 107-56, title IX, Sec. 908, Oct. 26, 2001, 115 Stat. 391,
provided that:
``(a) Program Required.--The Attorney General shall, in consultation
with the Director of Central Intelligence, 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 utilization 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, dissemination, and use of foreign
intelligence in the performance of their duties.
``(2) Officials of State and local governments who encounter, or
may encounter in the course of a terrorist event, foreign
intelligence in the performance of their duties.
``(c) Authorization of Appropriations.--There is hereby authorized
to be appropriated for the Department of Justice such sums as may be
necessary for purposes of carrying out the program required by
subsection (a).''
First Responders Assistance Act
Pub. L. 107-56, title X, Sec. 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 department and first responders to respond to and prevent acts of
terrorism.
``(b) Terrorism Prevention Grants.--Terrorism prevention 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 functions, including the
formation of full-time intelligence and analysis units;
``(2) purchase technology and equipment for intelligence
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 incident, such
as communications equipment for improved interoperability among
surrounding jurisdictions and mobile command posts for overall scene
management; and
``(5) fund technical assistance programs that emphasize
coordination among neighboring law enforcement agencies for sharing
resources, and resources coordination among law enforcement agencies
for combining intelligence gathering and analysis functions, and the
development of policy, procedures, memorandums of understanding, and
other best practices.
``(c) Antiterrorism Training Grants.--Antiterrorism training grants
under this subsection may be used for programs, projects, and other
activities to address--
``(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 incident.
``(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 information as the Attorney General may reasonably
require.
``(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
``(A) describe the activities for which assistance under
this section is sought; and
``(B) provide such additional assurances as the Attorney
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, Sec. 101(a) [title I, Sec. 115],
Sept. 30, 1996, 110 Stat. 3009, 3009-22, provided that: ``Effective with
the enactment of this Act [Sept. 30, 1996] and in any fiscal year
hereafter, under policies established by the Attorney General, the
Department of Justice may reimburse employees who are paid by an
appropriation account within the Department of Justice and are traveling
on behalf of the United States in temporary duty status to investigate,
prosecute, or litigate (including the provision of support therefor) a
criminal or civil matter, or for other similar special circumstances,
for Federal, State, and local taxes heretofore and hereafter resulting
from any reimbursement of travel expenses from an appropriation account
within the Department of Justice: Provided, That such reimbursement 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, Sec. 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 countries, 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, Sec. 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 retain 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, provided 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 Federal 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 solicit from State and local governments plans to
revitalize neighborhoods using programs administered by such agencies;
and (3) the Attorney General shall review 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, Sec. 611(a), Oct. 28, 1991, 105 Stat.
832, provided that, notwithstanding any other provision of law: ``For
fiscal year 1992 and thereafter, the Department of Justice may procure
the services of expert witnesses for use in preparing or prosecuting a
civil or criminal action, without regard to competitive procurement
procedures, including the Commerce Business Daily publication
requirements: Provided, That no witness 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, Secs. 2536-2539, Nov. 29, 1990, 104
Stat. 4883, 4884, provided that:
``SEC. 2536. ESTABLISHMENT OF FINANCIAL INSTITUTIONS 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 Department 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
(Secs. 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 Counsel').
``(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 appointed 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 enforcement,
asset seizure and forfeiture, money laundering, and racketeering are
used to the fullest extent 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 available for the
investigation and prosecution of fraud and other criminal activity
in and against the financial services industry.
``(c) Compensation.--The Special Counsel shall be paid at the basic
pay payable for level V of the Executive Schedule.
``SEC. 2538. ASSIGNMENT OF PERSONNEL.
``There shall be assigned to the Financial Institutions Fraud Unit
such personnel as the Attorney General deems necessary to provide an
appropriate level of enforcement activity in the area of fraud and other
criminal activity in and against the financial services industry.
``SEC. 2539. FINANCIAL INSTITUTIONS FRAUD TASK FORCES.
``(a) Establishment.--The Attorney General shall establish such
financial institutions fraud task forces as the Attorney General deems
appropriate to ensure that adequate resources are made available to
investigate and prosecute crimes in or against financial institutions
and to recover the proceeds of unlawful activities from persons who have
committed fraud or have engaged in other criminal activity in or against
the financial services industry.
``(b) Supervision.--The Attorney General shall determine how each
task force shall be supervised and may provide for the supervision of
any task force by the Special Counsel.
``(c) Senior Interagency Group.--
``(1) Establishment.--The Attorney General shall establish a
senior interagency group to assist in identifying the most
significant financial institution fraud cases and in allocating
investigative and prosecutorial resources where they are most
needed.
``(2) Membership.--The senior interagency group shall be chaired
by the Special Counsel and shall include senior officials from--
``(A) the Department of Justice, including representatives
of the Federal Bureau of Investigation, the Advisory Committee
of United States Attorneys, and other relevant entities;
``(B) the Department of the Treasury;
``(C) the Office of Thrift Supervision;
``(D) the Resolution Trust Corporation;
``(E) the Federal Deposit Insurance Corporation;
``(F) the Office of the Comptroller of the Currency;
``(G) the Board of Governors of the Federal Reserve System;
and
``(H) the National Credit Union Administration.
``(3) Duties.--This senior interagency group shall enhance
interagency coordination and assist in accelerating the
investigations and prosecution of financial institutions fraud.''
Authorization of Appropriations for Humanitarian Expenses Incurred by
Federal Bureau of Investigation and Drug Enforcement Administration
Pub. L. 101-647, title XXXII, Sec. 3201, Nov. 29, 1990, 104 Stat.
4916, as amended by Pub. L. 105-277, div. A, Sec. 101(b) [title I,
Sec. 109(a)], Oct. 21, 1998, 112 Stat. 2681-50, 2681-67, provided that:
``Appropriations in this or any other Act hereafter for the Federal
Bureau of Investigation, the Drug Enforcement Administration, or the
Immigration and Naturalization Service are available, in an amount of
not to exceed $25,000 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 injury, or death occurring to the employee while on official
duty or business.''
[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.]
Investigation of Financial Institutions; Assistance of Government
Personnel
Pub. L. 101-509, title V, Sec. 528, Nov. 5, 1990, 104 Stat. 1427, as
amended by Pub. L. 101-650, title III, Sec. 321, Dec. 1, 1990, 104 Stat.
5117; Pub. L. 103-322, title XXXII, Sec. 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
appropriate Federal banking agency, may provide, without
reimbursement, the services of attorneys, law enforcement personnel,
and other employees of any other departments or agencies of the
Federal Government to assist the Department of Justice, subject to
the supervision of the Attorney General, in the investigation and
prosecution of fraud or other criminal or unlawful activity in or
against any federally insured financial institution or the
Resolution Trust Corporation;
``(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 criminal, 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 supervision 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 Department of Justice law
enforcement personnel are authorized by law to conduct or perform:
Provided, That the Secret Service shall not initiate investigations
pursuant to this section independent of the supervision 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 October 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, including the functions of the
Secretary of the Treasury relating 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 Reorganization 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, provided in
part: ``That for fiscal year 1990 and hereafter the Chief, United States
National Central Bureau, INTERPOL, may establish and collect fees to
process name checks and background records for noncriminal employment,
licensing, and humanitarian purposes and, notwithstanding the provisions
of 31 U.S.C. 3302, credit such fees to this appropriation to be used for
salaries and other expenses incurred in providing these services''.
Expenses of Legal Defense for Federal Government 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 agreements with other Federal Government agencies or
components within the Department of Justice to pay expenses of private
counsel to defend Federal Government employees sued for actions while
performing their official duties: Provided further, That for fiscal year
1990 and hereafter the Attorney General, upon notification 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
authorize litigating components to reimburse this account for expert
witness expenses when it appears current allocations will be exhausted
for cases scheduled for trial in the current fiscal year.''
Uniforms and Allowances
Pub. L. 101-162, title II, Sec. 203, Nov. 21, 1989, 103 Stat. 1002,
provided that: ``For fiscal year 1990 and hereafter, appropriations for
`Salaries and expenses, General Administration', `Salaries and expenses,
United States Marshals Service', `Salaries and expenses, Federal Bureau
of Investigation', `Salaries and expenses, Drug Enforcement
Administration', `Salaries and expenses, Immigration and Naturalization
Service', and `Salaries and expenses, Federal Prison System', shall be
available for uniforms and allowances therefor as authorized by law (5
U.S.C. 5901-5902).''
[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 Department Organized
Crime and Drug Enforcement Enhancement Act of 1988'.
``SEC. 1052. FINDINGS.
``The Congress finds that--
``(1) organized criminal activity contributes significantly to
the importation, distribution, and sale of illegal 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 Department of Justice
should give high priority to the enforcement 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 determine 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 consultation with the Attorney General, shall
report to the Congress on the necessity to establish a new division or
make other organizational changes within the Department of Justice in
order to promote better civil and criminal law enforcement. In preparing
such report, the Director shall consider restructuring and consolidating
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 Division; and
``(4) the Organized Crime Drug Enforcement Task Force
Program;[.]
``(b) Legislative Recommendations.--The report submitted 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 Department of Justice having criminal law
enforcement responsibilities with respect to the prosecution of
organized crime and controlled substances violations, including each
United States Attorney's Office, attaches a high priority to the
enforcement of civil statutes creating ancillary sanctions and remedies
for such violations, 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 implementing 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 continuing resolutions for the fiscal year
ending September 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 described under
paragraph (2)(B) shall be exclusively used for asset forfeiture and
civil enforcement and be assigned to appropriate field offices of the
Organized Crime and Racketeering Section and the Organized Crime Drug
Enforcement Task Forces.
``(d) Reporting Requirement.--The Attorney General, at the end of
each such fiscal year, shall file a report with the Congress setting
forth the extent of such enforcement efforts, as well as the need for
any enhancements in resources necessary to carry out this policy.
``SEC. 1055. EXPENSES OF TASK FORCES.
``(a) Appropriations and Reimbursements Procedure.--Beginning in
fiscal year 1990, the Attorney General in his budget shall submit a
separate appropriations request for expenses relating to all Federal
agencies participating in the Organized Crime Drug Enforcement 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 agencies as necessary.
``(b) Enhancement of Field Activities.--The appropriations 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 organized criminal drug activities;
``(3) permit the Attorney General to reallocate resources 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 participating 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 Certain Components of Federal
Criminal Justice System; Study by Comptroller General and Report to
Congress
Pub. L. 100-690, title IX, Sec. 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 resources to certain
components of the Federal criminal 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
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 determine appropriate staff and budget responses
in order to maintain balance in the Federal criminal justice system
and effectively implement changes in resources, 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, Sec. 12, Nov. 30, 1979, 93 Stat. 1048, provided
that: ``The Attorney General may, with the concurrence 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 enforce such laws. This section does not affect the
criminal law enforcement authority of the Attorney General.''
Positions in Drug Enforcement Administration; Grades Excepted From
Competitive Service; Vacancies; Removal, Suspension, or Reduction in
Rank or Pay; Rate of Pay
Pub. L. 94-503, title II, Sec. 201, Oct. 15, 1976, 90 Stat. 2425,
provided that:
``(a) Effective beginning one year after date of the enactment of
this Act [Oct. 15, 1976], the following positions in the Drug
Enforcement Administration (and individuals 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 Administrator (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 Administration (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 applied 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 subsection.
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 removed, suspended for more than 30
days, furloughed without pay, or reduced in rank or pay by the
Administrator 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 discretion, 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 Enforcement Administration if--
``(A) such individual has been continuously employed in such
position since the date of the enactment of this Act, and
``(B) the Administrator determines, in his discretion, that such
action would promote the efficiency of the service.
Any individual reduced in rank or pay under this paragraph 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 section 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 Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.]
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, Sec. 3, eff. July 1, 1973, 38 F.R. 15932, 87 Stat.
1091
Prepared by the President and transmitted to the Senate and the House of
Representatives in Congress assembled, 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 General:
(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 General:
(a) The functions of the Secretary of Health, Education, 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
function 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
section.
Sec. 3. Bureau of Narcotics and Dangerous Drugs
(a) [Repealed. Reorg. Plan No. 2 of 1973, Sec. 3, 38 F.R. 15932, 87
Stat. 1091, eff. July 1, 1973. Subsection established the Bureau of
Narcotics and Dangerous Drugs in the Department of Justice and provided
that it be headed 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, appointment 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 provided 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 prescribe.
[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 Organization and Employees, see section 529 [title I,
Sec. 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 Narcotics (21 U.S.C. 161), is hereby
abolished. The Secretary 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 provided 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 authorizing the performance of any of the
functions transferred 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, allocations, 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 Director shall determine of other positions, personnel,
property, records and unexpended balances of appropriations,
allocations, and other funds of the Department 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 Director 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 designate.
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 concealed 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
narcotics such as heroin. Another--the Bureau of Drug Abuse Control--is
in the Department of Health, Education, 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 Department of Justice.
This separation of responsibilities--despite the relentless and
dedicated efforts of the agents of each Bureau--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 jurisdiction over marihuana.
In many instances, we are confronted by well organized disciplined
and resourceful criminals who reap huge profits at the expense of their
unfortunate victims.
The response of the Federal Government must be unified. And it must
be total.
Today, in my Message on Crime, I recommended strong new laws to
control dangerous drugs. I also recommended 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 Federal
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 Attorney General,
will:
--consolidate the authority and preserve the experience 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 recommended by two
distinguished groups:
--1949 Hoover Commission.
--the 1963 Presidential Advisory Commission on Narcotic 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 determination. 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 chapter 9 of title 5
of the United States Code.
I have found, after investigation, that each reorganization included
in the plan is necessary to accomplish one or more of the purposes set
forth in section 901(a) of title 5 of the United States Code.
I have also found that, by reason of these reorganizations, 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
positions are those which I have found to prevail in respect 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 administration of Federal law
enforcement functions. It is not practicable at this time, however, to
itemize the reduction 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, Sec. 1, Mar. 16, 1974, 88 Stat. 50
Prepared by the President and transmitted to the Senate and the House of
Representatives in Congress assembled, 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,
investigative, and law enforcement functions, vested by law in the
Secretary, the Department, officers, or agencies 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 detention of persons in connection therewith, at regular
inspection locations at ports of entry or anywhere along the land or
water borders of the United States: Provided, that any illicit
narcotics, dangerous drugs, marihuana, or related evidence seized, and
any person apprehended or detained by the Secretary or any officer of
the Department of the Treasury, pursuant to the authority retained in
them by virtue of this section, shall be turned over forthwith to the
jurisdiction of the Attorney 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 Treasury, the Department of the
Treasury, or any other officer 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 Attorney 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, Sec. 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 Attorney General, Department of
Justice, or any other officer 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, including the Office of
Director thereof, is hereby abolished, 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 respect
to terminating those affairs of the Bureau of Narcotics 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 Administration.''
Sec. 5. Officers of the Administration
(a) There shall be at the head of the Administration the
Administrator of Drug Enforcement, hereinafter referred to as ``the
Administrator.'' The Administrator shall be appointed by the President
by and with the advice and consent of the Senate, and shall receive
compensation 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 functions as the Attorney General shall
from time to time direct.
(b) There shall be in the Administration a Deputy Administrator 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 Administrator during the absence or disability of
the Administrator or in the event of a vacancy in the office of
Administrator.
Sec. 6. Performance of Transferred Functions
The Attorney General may from time to time make such provisions as
he shall deem appropriate authorizing the performance of any of the
functions transferred to him by the provisions of this Reorganization
Plan by any officer, employee, or agency of the Department 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, Sec. 1(a)(2), (b), Mar. 16, 1974, 88 Stat. 50, eff. July 1,
1973.]
Sec. 7. Coordination
The Attorney General, acting through the Administrator and such
other officials of the Department of Justice as he may designate, shall
provide for the coordination of all drug law enforcement functions
vested in the Attorney General so as to assure maximum cooperation
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
transferred to the Attorney General and to the Secretary of the Treasury
by this Reorganization Plan as the Director of the Office of Management
and Budget shall determine shall be transferred to the Department of
Justice and to the Department of the Treasury, respectively, at such
time or times as the Director shall direct.
(b) Such further measures and dispositions as the Director 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 carried 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, immediately prior to
the effective date of this Reorganization Plan, held a position in the
Executive Branch of the Government to act as Administrator until the
office of Administrator is for the first time filled pursuant 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 provisions of this section to receive the
compensation attached 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 destroyer 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 earlier 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 encouraging downturn last year. More drug
addicts and abusers 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
stemming 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 remains 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 arrested for street crimes is
a narcotic abuser or addict. And the total number of Americans addicted
to narcotics, 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 percent 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 activities 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 National Narcotics Intelligence, and certain
activities of the Law Enforcement Assistance Administration. The
Treasury Department is also heavily engaged in enforcement work through
the Bureau of Customs.
This aggregation of Federal activities has grown up rapidly over the
past few years in response to the urgent need for stronger anti-drug
measures. It has enabled us to make a very encouraging beginning in the
accelerated drug enforcement drive of this Administration.
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 advantage 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, comprehensive Federal
agency within the Department of Justice to lead the war against illicit
drug traffic.
Reorganization Plan No. 2 of 1973, which I am transmitting to the
Congress with this message, would establish such an agency, to be called
the Drug Enforcement Administration. It would be headed by an
Administrator 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 Dangerous Drugs
(which would be abolished as a separate entity by the
reorganization plan);
--Those functions of the Bureau of Customs pertaining 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 Enforcement; and
--All functions of the Office of National Narcotics Intelligence.
Merger of the latter two organizations into the new agency would be
effected by an executive order dissolving 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 Administration 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 enforcement strategy,
programs, planning, and evaluation;
--full investigation and preparation for prosecution of suspects for
violations under all Federal drug trafficking laws;
--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 International Narcotics Control;
--full coordination and cooperation with State and local law
enforcement officials on joint drug enforcement efforts; and
--regulation of the legal manufacture of drugs and other controlled
substances under Federal regulations.
The Attorney General, working closely with the Administrator 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 apprehension 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 departments 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 cumulative 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 comprehensively 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 coordinating
with one another.
Such progress could be especially helpful on the international
front. Narcotics control action plans, developed under the leadership of
the Cabinet Committee on International Narcotics Control, are now being
carried out by U.S. officials in cooperation with host governments 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 merging both the highly
effective narcotics force of overseas Customs agents and the rapidly
developing international activities of the Bureau of Narcotics and
Dangerous Drugs into the Drug Enforcement Administration. The new agency
would work closely with the Cabinet 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
capacity to begin dealing decisively with the ``demand'' side of the
drug abuse problem--treatment and rehabilitation for those who have been
drug victims, and preventive 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 Administration, working as a team with the
Special Action 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 cooperation in its establishment.
IMPROVING PORT-OF-ENTRY INSPECTIONS
No heroin or cocaine is produced within the United States; domestic
availability of these substances results solely from their illegal
importation. The careful and complete inspection of all persons and
goods coming 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 principal agencies involved are the Treasury
Department's Bureau of Customs, which inspects goods, and the Justice
Department's Immigration and Naturalization Service, which inspects
persons and their papers. The two utilize separate inspection
procedures, hold differing views of inspection priorities, and employ
dissimilar personnel management practices.
To reduce the possibility that illicit drugs will escape detection
at ports-of-entry because of divided responsibility, and to enhance the
effectiveness of the Drug Enforcement Administration, the reorganization
plan which I am proposing today would transfer to the Secretary 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 direct 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 Bureau'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 international movement of
goods, except the investigation 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 department. 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 flexibility 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 activities at U.S.
ports-of-entry can more effectively support 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
concerns 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 included 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 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 management 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 extent practicable;''
Section 901(a)(5) ``to reduce the number of agencies by consolidating
those having similar functions under a single head, and to abolish such
agencies or functions as may not be necessary for the efficient 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 consistent subject
matter: consolidation of Federal drug law enforcement activities in a
manner designed to increase their effectiveness.
The plan would establish in the Department of Justice a new
Administration designated as the Drug Enforcement Administration. The
reorganizations provided for in the plan make necessary the appointment
and compensation of new officers as specified in Section 5 of the plan.
The rates of compensation fixed for these officers would be comparable
to those fixed for officers in the executive branch who have similar
responsibilities.
While it is not practicable to specify all of the expenditure
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 enforcement 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 transition.
I am confident that this reorganization plan would significantly
increase the overall efficiency and effectiveness of the Federal
Government. I urge the Congress 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,
Sec. 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 General 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 addition to the
Attorney General, shall consist of representatives 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
Council, other than that held by the Attorney General, shall rotate
annually.
1-104. In addition to the above members, the Directors 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, associated 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 efficient and effective operation and
management of Federal legal resources, including those matters specified
in Section 1-201, and (b) to avoid inconsistent or unnecessary
litigation by agencies.
1-3. Litigation Notice System
1-301. The Attorney General shall establish and maintain a
litigation notice system that provides timely information 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 govern operation of
the notice system. The rules shall include 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 designated 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, including the question of which has
jurisdiction to administer a particular program or to regulate a
particular activity, 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 specific
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 interpretation 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 determines 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 provide for a computerized legal
research system that will be available to all Federal law offices on a
reimbursable basis. The system may include in its data base such Federal
regulations, case briefs, and legal opinions, as the Attorney General
deems appropriate.
1-602. The Federal Legal Council shall provide leadership for all
Federal legal offices in establishing appropriate 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 Attorney General with reports, information
and assistance as requested to carry out the provisions of this Order.
Ex. Ord. 13271. Establishment of the Corporate Fraud Task Force
Ex. Ord. No. 13271, July 9, 2002, 67 F.R. 46091, as amended by Ex.
Ord. No. 13286, Sec. 3, Feb. 28, 2003, 68 F.R. 10619, provided:
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, and local
agencies to investigate and prosecute significant financial crimes,
recover the proceeds of such crimes, and ensure just and effective
punishment of those who perpetrate financial crimes, it is hereby
ordered as follows:
Section 1. Establishment. The Attorney General shall immediately
establish within the Department of Justice a Corporate Fraud Task Force
(Task Force). Without regard to any other provision of this order, the
Task Force shall be subject to the authority of the Attorney General
under applicable law.
Sec. 2. Membership and Operation. Subject to section 4 of this
order, the Task Force shall have the following members:
(a) the Deputy Attorney General, who shall serve as Chair;
(b) the Assistant Attorney General (Criminal Division);
(c) the Assistant Attorney General (Tax Division);
(d) the Director of the Federal Bureau of Investigation;
(e) the United States Attorney for the Southern District of New
York;
(f) the United States Attorney for the Eastern District of New York;
(g) the United States Attorney for the Northern District of
Illinois;
(h) the United States Attorney for the Eastern District of
Pennsylvania;
(i) the United States Attorney for the Central District of
California;
(j) the United States Attorney for the Northern District of
California;
(k) the United States Attorney for the Southern District of Texas;
and
(l) such other officers or employees of the Department of Justice as
the Attorney General may from time to time designate.
The Deputy Attorney General shall convene and direct the work of the
Task Force in fulfilling all its functions under this order. The Deputy
Attorney General may permit, when he deems it appropriate, the designee
of a member of the Task Force, including those designated under section
4 of this order, to participate in lieu of the member. The Deputy
Attorney General shall convene the first meeting of the Task Force
within 10 days of the date of this order and shall thereafter convene
the Task Force at such times as he deems appropriate.
Sec. 3. Functions. Consistent with the constitutional authority of
the President, the authorities assigned to the Attorney General by law,
and other applicable law, the Task Force shall:
(a) provide direction for the investigation and prosecution of cases
of securities fraud, accounting fraud, mail and wire fraud, money
laundering, tax fraud based on such predicate offenses, and other
related financial crimes committed by commercial entities and directors,
officers, professional advisers, and employees thereof (hereinafter
``financial crimes''), when such cases are determined by the Deputy
Attorney General, for purposes of this order, to be significant;
(b) provide recommendations to the Attorney General for allocation
and reallocation of resources of the Department of Justice for
investigation and prosecution of significant financial crimes, recovery
of proceeds from such crimes to the extent permitted by law, and other
matters determined by the Task Force from time to time to be of the
highest priority in the investigation and prosecution of such crimes;
and
(c) make recommendations to the President, through the Attorney
General, from time to time for:
(i) action to enhance cooperation among departments, agencies,
and entities of the Federal Government in the investigation and
prosecution of significant financial crimes;
(ii) action to enhance cooperation among Federal, State, and
local authorities responsible for the investigation and prosecution
of significant financial crimes;
(iii) changes in rules, regulations, or policy to improve the
effective investigation and prosecution of significant financial
crimes; and
(iv) recommendations to the Congress regarding such measures as
the President may judge necessary and expedient relating to
significant financial crimes, or the investigation or prosecution
thereof.
Sec. 4. Additional Participation for Specified Functions. In the
Task Force's performance of the functions set forth in subsection 3(c)
of this order, and to the extent permitted by law, the following
officers of the executive branch shall be members of the Task Force in
addition to such other officers of the Federal Government as the Deputy
Attorney General deems appropriate:
(a) the Secretary of the Treasury;
(b) the Secretary of Homeland Security;
(c) the Chairman of the Securities and Exchange Commission;
(d) the Chairman of the Commodities Futures Trading Commission;
(e) the Chairman of the Federal Energy Regulatory Commission; and
(f) the Chairman of the Federal Communications Commission.
Sec. 5. Internal Management Purpose. This order is intended to
improve the internal management of the Federal Government. This order is
not intended to, and does not, create any right or benefit, substantive
or procedural, enforceable at law or equity or otherwise against the
United States, its departments, agencies, entities, instrumentalities,
officers, or employees, 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.
George W. Bush.
Section Referred to in Other Sections
This section is referred to in title 20 section 1082; title 42
section 12651d.
