25 USC 305d – Criminal proceedings; civil actions
(a) Definition of Federal law enforcement officer
In this section, the term “Federal law enforcement officer” includes a Federal law enforcement officer (as defined in section 115(c) of title 18).
(b) Authority to conduct investigations
Terms Used In 25 USC 305d
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
Any Federal law enforcement officer shall have the authority to conduct an investigation relating to an alleged violation of this Act occurring within the jurisdiction of the United States.
(c) Criminal proceedings
(1) Investigation
(A) In general
The Board may refer an alleged violation of section 1159 of title 18 to any Federal law enforcement officer for appropriate investigation.
(B) Referral not required
A Federal law enforcement officer may investigate an alleged violation of section 1159 of that title regardless of whether the Federal law enforcement officer receives a referral under subparagraph (A).
(2) Findings
The findings of an investigation of an alleged violation of section 1159 of title 18 by any Federal department or agency under paragraph (1)(A) shall be submitted, as appropriate, to—
(A) a Federal or State prosecuting authority; or
(B) the Board.
(3) Recommendations
On receiving the findings of an investigation under paragraph (2), the Board may—
(A) recommend to the Attorney General that criminal proceedings be initiated under section 1159 of title 18; and
(B) provide such support to the Attorney General relating to the criminal proceedings as the Attorney General determines to be appropriate.
(d) Civil actions
In lieu of, or in addition to, any criminal proceeding under subsection (c), the Board may recommend that the Attorney General initiate a civil action under section 305e of this title.