28 U.S.C. § 529 — Annual report of Attorney General
submitted 48 years ago by Pub. L. 95-521 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 785 words · no verdicts yet
The Attorney General must report to Congress about specified Public Integrity Section investigations and prosecutions. The Attorney General must also report annually on certain Office of Justice Programs awards and completed or ended programs, including funding, performance, and grantee certifications.
(a) Starting June 1, 1979, and at the start of each regular congressional session after that, the Attorney General must report to Congress on the activities and operations of the Public Integrity Section or another Justice Department* unit assigned to supervise investigations and prosecutions of: (1) Federal criminal-law violations by a current or former Federal officer, employee, or special employee when the violation relates directly or indirectly to that person’s Federal position, employment, or compensation; (2) Federal criminal-law violations concerning lobbying, conflicts of interest, campaigns, or elections to public office, except matters involving discrimination or intimidation based on race, color, religion, or national origin; (3) Federal criminal-law violations by a current or former State or local officer or employee when the violation relates directly or indirectly to that person’s State or local position, employment, or compensation; and (4) other matters the Attorney General considers appropriate. The report must give the number, type, and outcome of all investigations and prosecutions supervised by the Section or unit. It may not disclose information that would interfere with a pending investigation or prosecution or improperly invade anyone’s privacy.
(b) Despite any law limiting management or administrative expenses, by May 2, 2003, and by that date each year afterward, the Attorney General must use funds available for the underlying programs to give the Judiciary and Appropriations Committees of both Houses: (1) a report identifying and describing every Office of Justice Programs grant, cooperative agreement, or programmatic-services contract made, entered into, awarded, or given additional or supplemental funds in the immediately preceding fiscal year, including such awards by any component or unit and the Office of Community Oriented Policing Services. The report need not cover a grant to a governmental entity made under a statutory formula. For each covered award it must state the term, dollar amount or value, specific purpose, all grantees or parties, every unsuccessful applicant or bidder, the purposes proposed by each unsuccessful application or bid, and why it was rejected or denied. (2) A report identifying and reviewing every such grant, agreement, or contract made, entered into, awarded, or supplemented after October 1, 2002, by or for those offices that was programmatically and financially closed out or otherwise ended in the immediately preceding fiscal year. It must also cover an award not yet closed out if it was terminated or otherwise ended in the fiscal year ending two years before the end of that immediately preceding fiscal year. For each, the report must describe how appropriated funds were actually spent, performance statistics, its purposes, and its effectiveness. It must include a written declaration from each non-Federal grantee and non-Federal party that (A) the funds were spent only for those purposes, (B) the award’s terms were followed, and (C) all records needed for a full, proper audit under generally accepted accounting principles, plus any records required by the award, were kept orderly and will be preserved at least three years after closeout, termination, or ending. A description, statistics, or declaration requirement is treated as satisfied if the non-Federal grantee or party failed to provide it and the Attorney General reports that failure and names the grantee or party.
Beginning on June 1, 1979, and at the beginning of each regular session of Congress thereafter, the Attorney General shall report to Congress on the activities and operations of the Public Integrity Section or any other unit of the Department* of Justice designated to supervise the investigation and prosecution of—
any violation of Federal criminal law by any individual who holds or who at the time of such violation held a position, whether or not elective, as a Federal Government officer, employee, or special employee, if such violation relates directly or indirectly to such individual’s Federal Government position, employment, or compensation;
any violation of any Federal criminal law relating to lobbying, conflict of interest, campaigns, and election to public office committed by any person, except insofar as such violation relates to a matter involving discrimination or intimidation on grounds of race, color, religion, or national origin;
any violation of Federal criminal law by any individual who holds or who at the time of such violation held a position, whether or not elective, as a State or local government officer or employee, if such violation relates directly or indirectly to such individual’s State or local government position, employment, or compensation; and
such other matters as the Attorney General may deem appropriate.
Such report shall include the number, type, and disposition of all investigations and prosecutions supervised by such Section or such unit, except that such report shall not disclose information which would interfere with any pending investigation or prosecution or which would improperly infringe upon the privacy rights of any individuals.
Notwithstanding any provision of law limiting the amount of management or administrative expenses, the Attorney General shall, not later than May 2, 2003, and of every year thereafter, prepare and provide to the Committees on the Judiciary and Appropriations of each House of the Congress using funds available for the underlying programs—
a report identifying and describing every grant (other than one made to a governmental entity, pursuant to a statutory formula), cooperative agreement, or programmatic services contract that was made, entered into, awarded, or, for which additional or supplemental funds were provided in the immediately preceding fiscal year, by or on behalf of the Office of Justice Programs (including any component or unit thereof, and the Office of Community Oriented Policing Services), and including, without limitation, for each such grant, cooperative agreement, or contract: the term, the dollar amount or value, a description of its specific purpose or purposes, the names of all grantees or parties, the names of each unsuccessful applicant or bidder, and a description of the specific purpose or purposes proposed in each unsuccessful application or bid, and of the reason or reasons for rejection or denial of the same; and
a report identifying and reviewing every grant (other than one made to a governmental entity, pursuant to a statutory formula), cooperative agreement, or programmatic services contract made, entered into, awarded, or for which additional or supplemental funds were provided, after October 1, 2002, by or on behalf of the Office of Justice Programs (including any component or unit thereof, and the Office of Community Oriented Policing Services) that was programmatically and financially closed out or that otherwise ended in the immediately preceding fiscal year (or even if not yet closed out, was terminated or otherwise ended in the fiscal year that ended 2 years before the end of such immediately preceding fiscal year), and including, without limitation, for each such grant, cooperative agreement, or contract: a description of how the appropriated funds involved actually were spent, statistics relating to its performance, its specific purpose or purposes, and its effectiveness, and a written declaration by each non-Federal grantee and each non-Federal party to such agreement or to such contract, that—
the appropriated funds were spent for such purpose or purposes, and only such purpose or purposes;
the terms of the grant, cooperative agreement, or contract were complied with; and
all documentation necessary for conducting a full and proper audit under generally accepted accounting principles, and any (additional) documentation that may have been required under the grant, cooperative agreement, or contract, have been kept in orderly fashion and will be preserved for not less than 3 years from the date of such close out, termination, or end;
except that the requirement of this paragraph shall be deemed satisfied with respect to any such description, statistics, or declaration if such non-Federal grantee or such non-Federal party shall have failed to provide the same to the Attorney General, and the Attorney General notes the fact of such failure and the name of such grantee or such party in the report.
Source credit: (Added Pub. L. 95–521, title VI, § 603(a), Oct. 26, 1978, 92 Stat. 1874; amended Pub. L. 107–273, div. A, title II, § 205(a), div. B, title IV, § 4003(b)(3), Nov. 2, 2002, 116 Stat. 1777, 1811.)
- 1978Enacted · Pub. L. 95-521 · 92 Stat. 1874
- 2002Amended · Pub. L. 107-273 · 116 Stat. 1777, 1811
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-521 on 1978-10-26.
all 0 arguments · sorted by: best
no arguments yet — make the first case