
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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
        (3) 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.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                   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).


                Department of Justice Exemption Authority

    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) [section 102(b)(5)-(6) of 
Pub. L. 102-395 is set out as a note below], shall remain in effect 
until specifically repealed, subject to any limitation on appropriations 
contained in any Department of Justice Appropriation Authorization 
Act.''


 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. 102-395, title I, Sec. 102(b)(5), (6), Oct. 6, 1992, 106 
Stat. 1840, as amended by section 112(3) 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:
    ``(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].''
