28 U.S.C. § 537 — Expenses of unforeseen emergencies of a

Page 225 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 538 (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 Fed- eral criminal law involving Government officers and employees shall be expeditiously reported to the Attorney General by the head of the depart- ment or agency, or the witness, discoverer, or recipient, as appropriate, unless— (1) the responsibility to perform an inves- tigation with respect thereto is specifically as- signed 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 depart- ments 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, § 4(c), Sept. 6, 1966, 80 Stat. 616; amended Pub. L. 107–273, div. A, title II, § 206, Nov. 2, 2002, 116 Stat. 1779.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes 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 ‘‘(chap- ter 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 provi- sions, substituted ‘‘matter, or complaint witnessed, dis- covered, or’’ for ‘‘or complaint’’ and ‘‘Federal criminal law’’ for ‘‘title 18’’ and inserted ‘‘or the witness, discov- erer, or recipient, as appropriate,’’ after ‘‘agency,’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Office of Postmaster General of Post Office Depart- ment abolished and all functions, powers, and duties of Postmaster General transferred to United States Post- al 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, Post- al Service. § 536. Positions in excepted service All positions in the Federal Bureau of Inves- tigation are excepted from the competitive serv- ice, and the incumbents of such positions occupy positions in the excepted service. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 617.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 300d. Aug. 31, 1964, Pub. L. 88–527, § 201 (2nd par. under ‘‘Fed- eral Bureau of Investiga- tion’’), 78 Stat. 718. ..................... 5 U.S.C. 341c (last sentence). July 28, 1950, ch. 503, § 5 (last sentence), 4 Stat. 380. The section is revised and restated to eliminate am- biguity and give true effect to the prohibition against the use of appropriations to the Federal Bureau of In- vestigation. The language used to define the excepted status of the positions, officers, and employees is based on revised sections 2102 and 2103 of title 5, United States Code. The provisions of this section were made permanent by the Act of July 28, 1950, 64 Stat. 380. Identical provi- sions appearing in former section 300d of title 5 are de- rived from the Department of Justice Appropriation Act, 1965, and earlier appropriation Acts for the Depart- ment of Justice running back to 1942, which Acts are identified in a note under former section 300d of title 5, U.S.C. 1964 ed. § 537. Expenses of unforeseen emergencies of a confidential character Appropriations for the Federal Bureau of In- vestigation are available for expenses of unfore- seen emergencies of a confidential character, when so specified in the appropriation con- cerned, to be spent under the direction of the Attorney General. The Attorney General shall certify the amount spent that he considers ad- visable not to specify, and his certification is a sufficient voucher for the amount therein ex- pressed to have been spent. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 617.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large ..................... 5 U.S.C. 341c (less last sen- tence). July 28, 1950, ch. 503, § 5 (less last sentence), 64 Stat. 380. The section is revised and reorganized for clarity. The words ‘‘now or hereafter provided’’ are omitted as unnecessary. The words ‘‘for expenses of membership in the International Commission of Criminal Police and’’ are omitted as obsolete. The Act of Aug. 27, 1958, Pub. L. 85–768, 72 Stat. 921 (22 U.S.C. 263a) authorizes the At- torney General to accept and maintain, on behalf of the United States, membership in the International Crimi- nal Police Organization, and to designate any depart- ments and agencies which may participate in the United States representation with that organization; and authorizes each participating department and agency to pay its pro rata share, as determined by the Attorney General, of the expenses of such membership. The word ‘‘spent’’ is substituted for ‘‘expended’’. The words ‘‘certify the amount spent that he considers’’ are substituted for ‘‘make a certificate of the amount of any such expenditure as he may think it’’. The words ‘‘his certification is a sufficient voucher’’ are sub- stituted for ‘‘and every such certificate shall be deemed a sufficient voucher’’. § 538. Investigation of aircraft piracy and related violations The Federal Bureau of Investigation shall in- vestigate any violation of section 46314 or chap- ter 465 of title 49. (Added Pub. L. 103–272, § 4(e)(1), July 5, 1994, 108 Stat. 1361.)