§ 535. — Investigation of crimes involving Government officers and employees; limitations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC535]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 33--FEDERAL BUREAU OF INVESTIGATION
Sec. 535. Investigation of crimes involving Government officers
and employees; limitations
(a) The Attorney General and the Federal Bureau of Investigation may
investigate any violation of Federal criminal law involving Government
officers and employees--
(1) notwithstanding any other provision of law; and
(2) without limiting the authority to investigate any matter
which is conferred on them or on a department or agency of the
Government.
(b) Any information, allegation, matter, or complaint witnessed,
discovered, or received in a department or agency of the executive
branch of the Government relating to violations of Federal criminal law
involving Government officers and employees shall be expeditiously
reported to the Attorney General by the head of the department or
agency, or the witness, discoverer, or recipient, as appropriate,
unless--
(1) the responsibility to perform an investigation with respect
thereto is specifically assigned otherwise by another provision of
law; or
(2) as to any department or agency of the Government, the
Attorney General directs otherwise with respect to a specified class
of information, allegation, or complaint.
(c) This section does not limit--
(1) the authority of the military departments to investigate
persons or offenses over which the armed forces have jurisdiction
under the Uniform Code of Military Justice (chapter 47 of title 10);
or
(2) the primary authority of the Postmaster General to
investigate postal offenses.
(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 616; amended
Pub. L. 107-273, div. A, title II, Sec. 206, Nov. 2, 2002, 116 Stat.
1779.)
Historical and Revision Notes
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code Statutes at Large
------------------------------------------------------------------------
5 U.S.C. 311a. Aug. 31, 1954, ch.
1143, Sec. 1, 68
Stat. 998.
------------------------------------------------------------------------
The section is reorganized for clarity and continuity.
In subsection (a), the word ``may'' is substituted for ``shall have
authority''. The word ``is'' is substituted for ``may have been or may
hereafter be''.
In subsection (c), the words ``This section does not limit'' are
substituted for ``that the provisions of this section shall not limit,
in any way''. The words ``(chapter 47 of title 10)'' are added after
``Uniform Code of Military Justice'' to reflect the codification of that
Code in title 10, United States Code.
Amendments
2002--Subsec. (a). Pub. L. 107-273 substituted ``Federal criminal
law'' for ``title 18'' in introductory provisions.
Subsec. (b). Pub. L. 107-273, in introductory provisions,
substituted ``matter, or complaint witnessed, discovered, or'' for ``or
complaint'' and ``Federal criminal law'' for ``title 18'' and inserted
``or the witness, discoverer, or recipient, as appropriate,'' after
``agency,''.
Transfer of Functions
Office of Postmaster General of Post Office Department abolished and
all functions, powers, and duties of Postmaster General transferred to
United States Postal Service by Pub. L. 91-375, Sec. 4(a), Aug. 12,
1970, 84 Stat. 773, set out as a note under section 201 of Title 39,
Postal Service.
Section Referred to in Other Sections
This section is referred to in title 50 section 403q.
