§535 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

The Attorney General and the FBI may investigate any federal crime committed by government officers or employees. They can do this even if other laws or agencies exist, and their work does not stop others from investigating when those others have authority. If an executive-branch department or agency learns about such a possible crime, the agency head or the person who saw or got the complaint must quickly tell the Attorney General, unless another law assigns the investigation to someone else or the Attorney General says certain reports should be handled differently. This does not affect military investigations under the Uniform Code of Military Justice or the Postmaster General’s main role in postal crime cases.

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