§ 533. — Investigative and other officials; appointment.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC533]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 33--FEDERAL BUREAU OF INVESTIGATION
Sec. 533. Investigative and other officials; appointment
The Attorney General may appoint officials--
(1) to detect and prosecute crimes against the United States;
(2) to assist in the protection of the person of the President;
and \1\
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\1\ So in original. The word ``and'' probably should not appear.
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(3) to assist in the protection of the person of the Attorney
General.\2\
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\2\ So in original. The period probably should be ``; and''.
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(4) to conduct such other investigations regarding official
matters under the control of the Department of Justice and the
Department of State as may be directed by the Attorney General.
This section does not limit the authority of departments and agencies to
investigate crimes against the United States when investigative
jurisdiction has been assigned by law to such departments and agencies.
(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 616; amended
Pub. L. 107-273, div. A, title II, Sec. 204(e), Nov. 2, 2002, 116 Stat.
1776.)
Historical and Revision Notes
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Revised Statutes and
Derivation U.S. Code Statutes at Large
------------------------------------------------------------------------
5 U.S.C. 299, 300 (less Aug. 31, 1964, Pub. L.
applicability to 88-527, Sec. 201
acquisition etc. of (1st 105 words of 1st
identification and other par. under ``Federal
records). Bureau of
Investigation'', less
applicability to
acquisition etc. of
identification and
other records), 78
Stat. 717.
------------------------------------------------------------------------
The section is from the Department of Justice Appropriation Act,
1965. Similar provisions were contained in each appropriation Act for
the Department running back to 1921, which Acts are identified in a note
under sections 299 and 300 of title 5, U.S.C. 1964 ed.
The section is reorganized for clarity. The authority to appoint
officials for the cited purposes is implied. The word ``may'' is
substituted for ``is authorized to''. The words ``who shall be vested
with the authority necessary for the execution of such duties'' are
omitted as unnecessary as the appointment of the officials for the
purposes indicated carries with it the authority necessary to perform
their duties.
In paragraph (2), the words ``to assist in'' are added for clarity
and in recognition of the provisions of 18 U.S.C. 3056 which vest in the
United States Secret Service the responsibility for the protection of
the person of the President. As so revised, this paragraph will assure
that the Secret Service will continue to have primary responsibility for
the protection of the President but at the same time will permit the
Federal Bureau of Investigation to render assistance in such protection.
The last sentence is added because in various areas the authority to
investigate certain criminal offenses has been specifically assigned by
statute to departments and agencies other than the Federal Bureau of
Investigation. For example, the enforcement of the internal revenue laws
is specifically a function of the Secretary of the Treasury and he is
authorized to employ such number of persons as he deems proper for the
enforcement of such laws (26 U.S.C. 7801, 7803). The Secretary of the
Treasury is specifically authorized to direct the collection of duties
on imports and to appoint such employees for that purpose as he deems
necessary (19 U.S.C. 3, 6). The U.S. Coast Guard is specifically
authorized to enforce or assist in enforcing the Federal laws upon the
high seas and waters subject to the jurisdiction of the United States
(14 U.S.C. 2). Subject to the direction of the Secretary of the
Treasury, the Secret Service is specifically authorized to detect and
arrest persons committing offenses against the laws of the United States
relating to coins and obligations and securities of the United States
and foreign governments (18 U.S.C. 3056).
Amendments
2002--Pars. (3), (4). Pub. L. 107-273 added par. (3) and
redesignated former par. (3) as (4).
FBI Investigations of Espionage by Persons Employed by or Assigned to
United States Diplomatic Missions Abroad
Pub. L. 101-193, title VI, Sec. 603, Nov. 30, 1989, 103 Stat. 1710,
provided that: ``Subject to the authority of the Attorney General, the
FBI shall supervise the conduct of all investigations of violations of
the espionage laws of the United States by persons employed by or
assigned to United States diplomatic missions abroad. All departments
and agencies shall report immediately to the FBI any information
concerning such a violation. All departments and agencies shall provide
appropriate assistance to the FBI in the conduct of such investigations.
Nothing in this provision shall be construed as establishing a defense
to any criminal, civil, or administrative action.''
Undercover Investigative Operations Conducted by Federal Bureau of
Investigation or Drug Enforcement Administration; Annual Report to
Congress; Financial Audit
Pub. L. 104-132, title VIII, Sec. 815(d), Apr. 24, 1996, 110 Stat.
1315, provided that: ``Notwithstanding any other provision of law,
section 102(b) of the Department of Justice and Related Agencies
Appropriations Act, 1993 (Public Law 102-395) [Pub. L. 102-395, set out
below], shall remain in effect until specifically repealed, subject to
any limitation on appropriations contained in any Department of Justice
Appropriation Authorization Act.''
Pub. L. 102-395, title I, Sec. 102(b), Oct. 6, 1992, 106 Stat. 1838,
as amended by section 112 of H.R. 2076, One Hundred Fourth Congress, as
passed by the House of Representatives on Dec. 6, 1995, and as enacted
into law by Pub. L. 104-91, title I, Sec. 101(a), Jan. 6, 1996, 110
Stat. 11, as amended by Pub. L. 104-99, title II, Sec. 211, Jan. 26,
1996, 110 Stat. 37, provided that:
``(b)(1) During fiscal year 1996, with respect to any undercover
investigative operation of the Federal Bureau of Investigation or the
Drug Enforcement Administration which is necessary for the detection and
prosecution of crimes against the United States or for the collection of
foreign intelligence or counterintelligence--
``(A) sums authorized to be appropriated for the Federal Bureau
of Investigation and for the Drug Enforcement Administration may be
used for purchasing property, buildings, and other facilities, and
for leasing space, within the United States, the District of
Columbia, and the territories and possessions of the United States,
without regard to section 1341 of title 31 of the United States
Code, section 3732(a) of the Revised Statutes (41 U.S.C. 11(a)),
section 305 of the Act of June 30, 1949 (63 Stat. 396; 41 U.S.C.
255), the third undesignated paragraph under the heading of
`Miscellaneous' of the Act of March 3, 1877 (19 Stat. 370; 40 U.S.C.
34 [now 40 U.S.C. 8141]), section 3324 of title 31 of the United
States Code, section 3741 of the Revised Statutes (41 U.S.C. 22),
and subsections (a) and (c) of section 304 of the Federal Property
and Administrative Service Act of 1949 (63 Stat. 395; 41 U.S.C.
254(a) and (c)),
``(B) sums authorized to be appropriated for the Federal Bureau
of Investigation and for the Drug Enforcement Administration may be
used to establish or to acquire proprietary corporations or business
entities as part of an undercover investigative operation, and to
operate such corporations or business entities on a commercial
basis, without regard to section 9102 of title 31 of the United
States Code,
``(C) sums authorized to be appropriated for the Federal Bureau
of Investigation and for the Drug Enforcement Administration for
fiscal year 1996, and the proceeds from such undercover operation,
may be deposited in banks or other financial institutions, without
regard to section 648 of title 18 of the United States Code and
section 3302 of title 31 of the United States Code, and
``(D) proceeds from such undercover operation may be used to
offset necessary and reasonable expenses incurred in such operation,
without regard to section 3302 of title 31 of the United States
Code,
only, in operations designed to detect and prosecute crimes against the
United States, upon the written certification of the Director of the
Federal Bureau of Investigation (or, if designated by the Director, a
member of the Undercover Operations Review Committee established by the
Attorney General in the Attorney General's Guidelines on Federal Bureau
of Investigation Undercover Operations, as in effect on July 1, 1983) or
the Administrator of the Drug Enforcement Administration, as the case
may be, and the Attorney General (or, with respect to Federal Bureau of
Investigation undercover operations, if designated by the Attorney
General, a member of such Review Committee), that any action authorized
by subparagraph (A), (B), (C), or (D) is necessary for the conduct of
such undercover operation. If the undercover operation is designed to
collect foreign intelligence or counterintelligence, the certification
that any action authorized by subparagraph (A), (B), (C), or (D) is
necessary for the conduct of such undercover operation shall be by the
Director of the Federal Bureau of Investigation (or, if designated by
the Director, the Assistant Director, Intelligence Division) and the
Attorney General (or, if designated by the Attorney General, the Counsel
for Intelligence Policy). Such certification shall continue in effect
for the duration of such undercover operation, without regard to fiscal
years.
``(2) Notwithstanding paragraph (1), it shall not be necessary to
obtain such certification for an undercover operation in order that
proceeds or other money--
``(A) received by an undercover agent from or at the direction
of a subject of an investigation, or
``(B) provided to an agent by an individual cooperating with the
Government in an investigation, who received the proceeds or money
from or at the direction of a subject of the investigation,
may be used as a subject of the investigation directs without regard to
section 3302 of title 31 of the United States Code: Provided, That the
Director of the Federal Bureau of Investigation or the Administrator of
the Drug Enforcement Administration, or their designees, in advance or
as soon as practicable thereafter, make a written determination that
such a use would further the investigation: And provided further, That
the financial audit requirements of paragraphs (5) and (6) shall apply
in each investigation where such a determination has been made.
``(3) As soon as the proceeds from an undercover investigative
operation with respect to which an action is authorized and carried
out under subparagraphs (C) and (D) of paragraph (1), or under
paragraph (2) are no longer necessary for the conduct of such
operation, such proceeds or the balance of such proceeds remaining
at the time shall be deposited in the Treasury of the United States
as miscellaneous receipts.
``(4) If a corporation or business entity established or
acquired as part of an undercover operation under subparagraph (B)
of paragraph (1) with a net value of over $50,000 is to be
liquidated, sold, or otherwise disposed of, the Federal Bureau of
Investigation or the Drug Enforcement Administration, as much in
advance as the Director or the Administrator, or the designee of the
Director or the Administrator, determines is practicable, shall
report the circumstances to the Attorney General and the Comptroller
General. The proceeds of the liquidation, sale, or other
disposition, after obligations are met, shall be deposited in the
Treasury of the United States as miscellaneous receipts.
``(5)(A) The Federal Bureau of Investigation or the Drug Enforcement
Administration, as the case may be, shall conduct a detailed financial
audit of each undercover investigative operation which is closed in
fiscal year 1996--
``(i) submit the results of such audit in writing to the
Attorney General, and
``(ii) not later than 180 days after such undercover operation
is closed, submit a report to the Congress concerning such audit.
``(B) The Federal Bureau of Investigation and the Drug Enforcement
Administration shall each also submit a report annually to the Congress
specifying as to their respective undercover investigative operations--
``(i) the number, by programs, of undercover investigative
operations pending as of the end of the one-year period for which
such report is submitted,
``(ii) the number, by programs, of undercover investigative
operations commenced in the one-year period preceding the period for
which such report is submitted, and
``(iii) the number, by programs, of undercover investigative
operations closed in the one-year period preceding the period for
which such report is submitted and, with respect to each such closed
undercover operation, the results obtained. With respect to each
such closed undercover operation which involves any of the sensitive
circumstances specified in the Attorney General's Guidelines on
Federal Bureau of Investigation Undercover Operations, such report
shall contain a detailed description of the operation and related
matters, including information pertaining to--
``(I) the results,
``(II) any civil claims, and
``(III) identification of such sensitive circumstances
involved, that arose at any time during the course of such
undercover operation.
``(6) For purposes of paragraph (5)--
``(A) the term `closed' refers to the earliest point in time at
which--
``(i) all criminal proceedings (other than appeals) are
concluded, or
``(ii) covert activities are concluded, whichever occurs
later,
``(B) the term `employees' means employees, as defined in
section 2105 of title 5 of the United States Code, of the Federal
Bureau of Investigation, and
``(C) the terms `undercover investigative operations' and
`undercover operation' mean any undercover investigative operation
of the Federal Bureau of Investigation or the Drug Enforcement
Administration (other than a foreign counterintelligence undercover
investigative operation)--
``(i) in which--
``(I) the gross receipts (excluding interest earned)
exceed $50,000, or
``(II) expenditures (other than expenditures for
salaries of employees) exceed $150,000, and
``(ii) which is exempt from section 3302 or 9102 of title 31
of the United States Code,
except that clauses (i) and (ii) shall not apply with respect to the
report required under subparagraph (B) of such paragraph.''
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 102-140, title I, Sec. 102(b)(4), (5), Oct. 28, 1991, 105
Stat. 793.
Pub. L. 101-515, title II, Sec. 202(b)(4), (5), Nov. 5, 1990, 104
Stat. 2118.
Pub. L. 101-162, title II, Sec. 204(b)(4), (5), Nov. 21, 1989, 103
Stat. 1004.
Pub. L. 100-459, title II, Sec. 204(b)(4), (5), Oct. 1, 1988, 102
Stat. 2200, 2201, as amended by Pub. L. 101-650, title III,
Sec. 325(c)(2), Dec. 1, 1990, 104 Stat. 5121.
Pub. L. 100-202, Sec. 101(a) [title II, Sec. 204(b)(4), (5)], Dec.
22, 1987, 101 Stat. 1329, 1329-16.
Pub. L. 99-500, Sec. 101(b) [title II, Sec. 204(b)(4), (5)], Oct.
18, 1986, 100 Stat. 1783-39, 1783-52, 1783-53, and Pub. L. 99-591,
Sec. 101(b) [title II, Sec. 204(b)(4), (5)], Oct. 30, 1986, 100 Stat.
3341-39, 3341-52, 3341-53.
Pub. L. 99-180, title II, Sec. 204(b)(4), (5), Dec. 13, 1985, 99
Stat. 1148.
Pub. L. 98-411, title II, Sec. 203(b)(4), (5), Aug. 30, 1984, 98
Stat. 1560.
Pub. L. 98-166, title II, Sec. 205(b)(4), (5), Nov. 28, 1983, 97
Stat. 1087.
Pub. L. 96-132, Sec. 7(d), Nov. 30, 1979, 93 Stat. 1046, provided
that:
``(1) The Federal Bureau of Investigation shall conduct detailed
financial audits of undercover operations closed on or after October 1,
1979, and--
``(A) report the results of each audit in writing to the
Department of Justice, and
``(B) report annually to the Congress concerning these audits.
``(2) For the purposes of paragraph (1), `undercover operation'
means any undercover operation of the Federal Bureau of Investigation,
other than a foreign counterintelligence undercover operation--
``(A) in which the gross receipts exceed $50,000, and
``(B) which is exempted from section 3617 of the Revised
Statutes (31 U.S.C. 484) [31 U.S.C. 3302(b)] or section 304(a) of
the Government Corporation Control Act (31 U.S.C. 869(a)) [31 U.S.C.
9102].''
