§ 591. Applicability of provisions of this chapter
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/usc/title-28/section-591A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Preliminary Investigation With Respect to Certain Covered Persons.— The Attorney General shall conduct a preliminary investigation in accordance with section 592 whenever the Attorney General receives information sufficient to constitute grounds to investigate whether any person described in subsection
(b)may have violated any Federal criminal law other than a violation classified as a Class B or C misdemeanor or an infraction.
(b)Persons to Whom Subsection
(a)Applies.— The persons referred to in subsection
(a)are—
(1)the President and Vice President;
(2)any individual serving in a position listed in section 5312 of title 5;
(3)any individual working in the Executive Office of the President who is compensated at a rate of pay at or above level II of the Executive Schedule under section 5313 of title 5;
(4)any Assistant Attorney General and any individual working in the Department of Justice who is compensated at a rate of pay at or above level III of the Executive Schedule under section 5314 of title 5;
(5)the Director of Central Intelligence, the Deputy Director of Central Intelligence, and the Commissioner of Internal Revenue;
(6)the chairman and treasurer of the principal national campaign committee seeking the election or reelection of the President, and any officer of that committee exercising authority at the national level, during the incumbency of the President; and
(7)any individual who held an office or position described in paragraph (1), (2), (3), (4), or
(5)for 1 year after leaving the office or position.
(c)Preliminary Investigation With Respect to Other Persons.—
(1)In general.— When the Attorney General determines that an investigation or prosecution of a person by the Department of Justice may result in a personal, financial, or political conflict of interest, the Attorney General may conduct a preliminary investigation of such person in accordance with section 592 if the Attorney General receives information sufficient to constitute grounds to investigate whether that person may have violated Federal criminal law other than a violation classified as a Class B or C misdemeanor or an infraction.
(2)Members of congress.— When the Attorney General determines that it would be in the public interest, the Attorney General may conduct a preliminary investigation in accordance with section 592 if the Attorney General receives information sufficient to constitute grounds to investigate whether a Member of Congress may have violated any Federal criminal law other than a violation classified as a Class B or C misdemeanor or an infraction.
(d)Examination of Information to Determine Need for Preliminary Investigation.—
(1)Factors to be considered.— In determining under subsection
(a)or
(c)(or section 592(c)(2)) whether grounds to investigate exist, the Attorney General shall consider only—
(A)the specificity of the information received; and
(B)the credibility of the source of the information.
(2)Time period for making determination.— The Attorney General shall determine whether grounds to investigate exist not later than 30 days after the information is first received. If within that 30-day period the Attorney General determines that the information is not specific or is not from a credible source, then the Attorney General shall close the matter. If within that 30-day period the Attorney General determines that the information is specific and from a credible source, the Attorney General shall, upon making that determination, commence a preliminary investigation with respect to that information. If the Attorney General is unable to determine, within that 30-day period, whether the information is specific and from a credible source, the Attorney General shall, at the end of that 30-day period, commence a preliminary investigation with respect to that information.
(e)Recusal of Attorney General.—
(1)When recusal is required.—
(A)If information received under this chapter involves the Attorney General, the next most senior official in the Department of Justice who is not also recused shall perform the duties assigned under this chapter to the Attorney General.
(B)If information received under this chapter involves a person with whom the Attorney General has a personal or financial relationship, the Attorney General shall recuse himself or herself by designating the next most senior official in the Department of Justice who is not also recused to perform the duties assigned under this chapter to the Attorney General.
(2)Requirements for recusal determination.— Before personally making any other determination under this chapter with respect to information received under this chapter, the Attorney General shall determine under paragraph (1)(B) whether recusal is necessary. The Attorney General shall set forth this determination in writing, identify the facts considered by the Attorney General, and set forth the reasons for the recusal. The Attorney General shall file this determination with any notification or application submitted to the division of the court under this chapter with respect to such information.
(Added Pub. L. 95–521, title VI, § 601(a), Oct. 26, 1978, 92 Stat. 1867; amended Pub. L. 97–409, §§ 3, 4(a), Jan. 3, 1983, 96 Stat. 2039, 2040; Pub. L. 98–473, title II, § 228(b), Oct. 12, 1984, 98 Stat. 2030; Pub. L. 100–191, § 2, Dec. 15, 1987, 101 Stat. 1293; Pub. L. 103–270, §§ 3(j), (k), 4, June 30, 1994, 108 Stat. 735, 736.)
Connections51 cite this · traces to 12
Cited by 51 sections · top 28
U.S. Code
- § 202Definitions
- § 1Number of justices; quorum
- § 591Applicability of provisions of this chapter
- § 636Jurisdiction, powers, and temporary assignment
- § 593Duties of the division of the court
- § 49Assignment of judges to division to appoint independent counsels
- § 597Relationship with Department of Justice
- § 594Authority and duties of an independent counsel
- § 599Termination of effect of chapter
- § 592Preliminary investigation and application for appointment of an independent counsel
- § 596Removal of an independent counsel; termination of office
- § 528Disqualification of officers and employees of the Department of Justice
- § 113Personnel report
- § 595Congressional oversight
- § 598Severability
- § 953Administration of oaths and acknowledgments
- § 529Annual report of Attorney General
- § 958Persons ineligible as receivers
statutes-at-large
- Public Law 99–349Making urgent supplemental appropriations for the fiscal year ending September 30, 1986, and for other purposes
- Public Law 99–590To amend the Wild and Scenic Rivers Act, and for other purposes
- Public Law 99–498To reauthorize and revise the Higher Education Act of 1965, and for other purposes
- Public Law 97–409To change the coverage of officials and the standards for the appointment of a special prosecutor in the special prosecutor provisions of the Ethics in Government Act of 1978, and for other purposes
- Public Law 100–191To amend title 28, United States Code, with respect to the appointment of independent counsel
- Public Law 99–554To amend title 28 of the United States Code to provide for the appointment of additional bankruptcy judges, to provide for the appointment of United States trustees to serve in bankruptcy cases in judicial districts throughout the United States, to make certain changes with respect to the role of Un
- Public Law 100–201To authorize the acceptance of a donation of land for addition to Big Bend National Park, in the State of Texas
- Public Law 111–68Making appropriations for the Legislative Branch for the fiscal year ending September 30, 2010, and for other purposes
- Public Law 95–521To establish certain Federal agencies, effect certain reorganizations of the Federal Government, to implement certain reforms in the operation of the Federal Government and to preserve and promote the integrity of public officials and institutions, and for other purposes
Traces to 12 documents
U.S. Code
- Positions at level I§ 5312
- Positions at level II§ 5313
- Positions at level III§ 5314
- Short title§ 3001
- Authority and duties of an independent counsel§ 594
- Removal of an independent counsel; termination of office§ 596
- Duties of the division of the court§ 593
- Personnel report§ 113
- Termination of effect of chapter§ 599
- Definitions§ 202
- Number of justices; quorum§ 1
- Applicability of provisions of this chapter§ 591
38 references not yet in our index
- Pub. L. 95–521, title VI, § 601(a)
- 92 Stat. 1867
- Pub. L. 97–409
- 96 Stat. 2039
- Pub. L. 98–473, title II, § 228(b)
- 98 Stat. 2030
- Pub. L. 100–191, § 2
- 101 Stat. 1293
- Pub. L. 103–270
- 108 Stat. 735
- Pub. L. 103–270, § 4(b)
- Pub. L. 103–270, § 4(a)
- Pub. L. 103–270, § 3(j)
- Pub. L. 103–270, § 3(k)
- Pub. L. 100–191
- Pub. L. 98–473
- Pub. L. 97–409, § 4(a)(1)
- Pub. L. 97–409, § 3
- Pub. L. 97–409, § 4(a)(2)
- Pub. L. 108–458
- Pub. L. 103–270, § 7
- 108 Stat. 737
- Pub. L. 100–191, § 6
- 101 Stat. 1307
- Pub. L. 95–521
- section 144(g) of Public Law 99–554
- Pub. L. 98–473, title II, § 235(a)(1)(B)(ii)(IV)
- 98 Stat. 2032
- Pub. L. 95–521, title VI, § 604
- 92 Stat. 1875
- Pub. L. 100–202, § 101(a) [title II]
- 101 Stat. 1329
- Pub. L. 111–68, div. A, title I, § 1501(d)
- 123 Stat. 2041
- Pub. L. 95–521, title VI, § 601(c)
- 92 Stat. 1873
- Pub. L. 97–409, § 2(c)(2)
- Pub. L. 100–191, § 5(b)
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§ 591
Applicability of provisions of this chapter
U.S.C.×31
Stat.×18
C.F.R.×2
Pub. L.Pub. L. 95–521, title VI, § 601(a)
Stat.92 Stat. 1867
Pub. L.Pub. L. 97–409
Cites 50 · showing 12Cited by 51 across 3 sources