PRIA, Government Policy, Made Personal

Summary

The Attorney General and the FBI can investigate any federal crime that involves government officers or employees. That power applies even if other laws seem to limit it, and it does not stop them from doing other investigations they already have. If an executive branch office learns about possible federal crimes by its staff, the head of that office or the person who found it must quickly tell the Attorney General. They do not have to if another law says someone else must investigate, or if the Attorney General tells them not to report certain kinds of cases. The military still handles crimes under the Uniform Code of Military Justice, and the Postmaster General keeps primary authority over postal crimes.

Title 28, §535

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 311a.Aug. 31, 1954, ch. 1143, § 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.

Editorial Notes

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,”.

Statutory Notes and Related Subsidiaries

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, § 4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section 201 of Title 39, Postal Service.

§535 Investigation of Crimes Involving Government Officers and Employees; Limitations