28 U.S.C. § 533 Investigative and Other Officials; Appointment

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 28 U.S.C. § 533

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

(3) to assist in the protection of the person of the Attorney General.²

(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.

¹ So in original. The word "and" probably should not appear.

² So in original. The period probably should be "; and".

Cite as 28 U.S.C. § 533

Source: Added Pub. L. 89-554, §4(c), Sept. 6, 1966, 80 Stat. 616; amended Pub. L. 107-273, div. A, title II, §204(e), Nov. 2, 2002, 116 Stat. 1776.

current through 5/22/2023

<TABLE> <TR><TD colspan="3">HISTORICAL AND REVISION NOTES</TD> </TR> <TR> <TD>Derivation</TD> <TD>U.S. Code</TD> <TD>Revised Statutes and <para>Statutes at Large</para> </TD> </TR> <TR> <TD> <codecitation statecd="US" datatype="S" title="5">5 U.S.C. <codesec>299</codesec></codecitation>, <codecitation statecd="US" datatype="S" title="5"><codesec>300</codesec></codecitation> (less applicability to acquisition etc. of identification and other records).</TD> <TD>Aug. 31, 1964, Pub. L. 88-527, §201 (1st 105 words of 1st par. under "Federal Bureau of Investigation", less applicability to acquisition etc. of identification and other records), 78 Stat. 717.</TD> </TR> </TABLE>

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 ).