28 U.S.C. § 591 : US Code - Section 591: Applicability of provisions of this chapter

Search 28 U.S.C. § 591 : US Code - Section 591: Applicability of provisions of this chapter

(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.