2003—Pub. L. 108–177, title III, §361(m)(2), Dec. 13, 2003, 117 Stat. 2626, which directed amendment of table of sections by striking the item relating to section 540C, was executed by striking out item 540C relating to annual report on activities of Federal Bureau of Investigation personnel outside the United States to reflect the probable intent of Congress, because corresponding section was repealed.
2002—Pub. L. 107–306, title VIII, §824(b), Nov. 27, 2002, 116 Stat. 2429, added item 540C relating to annual report on activities of Federal Bureau of Investigation personnel outside the United States.
Pub. L. 107–273, div. B, title IV, §4003(b)(7), (8), div. C, title I, §11024(b), Nov. 2, 2002, 116 Stat. 1812, 1831, inserted “the” after “of” in item 532, substituted “character” for “nature” in item 537, and added item 540C relating to FBI police.
1998—Pub. L. 105–314, title VII, §701(b), Oct. 30, 1998, 112 Stat. 2987, added item 540B.
1994—Pub. L. 103–322, title XXXII, §320916(b), Sept. 13, 1994, 108 Stat. 2129, added item 540A.
Pub. L. 103–272, §4(e)(2), July 5, 1994, 108 Stat. 1361, added item 538.
1988—Pub. L. 100–690, title VII, §7331(b), Nov. 18, 1988, 102 Stat. 4468, added item 540.
1986—Pub. L. 99–569, title IV, §401(b), Oct. 27, 1986, 100 Stat. 3195, added item 539.
1982—Pub. L. 97–292, §3(b), Oct. 12, 1982, 96 Stat. 1260, inserted “and information” after “identification records” in item 534.
1966—Pub. L. 89–554, §4(c), Sept. 6, 1966, 80 Stat. 616, substituted “FEDERAL BUREAU OF INVESTIGATION” for “UNITED STATES MARSHALS” in chapter heading, added items 531 to 537, and struck out items 541 to 556.
The Federal Bureau of Investigation is in the Department of Justice.
(Added Pub. L. 89–554, §4(c), Sept. 6, 1966, 80 Stat. 616.)
The section is supplied for convenience and clarification. The Bureau of Investigation in the Department of Justice, the earliest predecessor agency of the Federal Bureau of Investigation, was created administratively in 1908. It appears that funds used for the Bureau of Investigation were first obtained through the Department of Justice Appropriation Act of May 22, 1908, ch. 186, §1 (par. beginning “From the appropriations for the prosecution of crimes”), 35 Stat. 236, although that statutory provision makes no express mention of the Bureau or of the investigative function.
Section 3 of Executive Order No. 6166 of June 10, 1933, specifically recognized the Bureau of Investigation in the Department of Justice and provided that all that Bureau's functions together with the investigative functions of the Bureau of Prohibition were “transferred to and consolidated in a Division of Investigation in the Department of Justice, at the head of which shall be a Director of Investigation.”
The Division of Investigation was first designated as the “Federal Bureau of Investigation” by the Act of Mar. 22, 1935, ch. 39, title II, 49 Stat. 77, and has been so designated in statutes since that date.
For transfer of functions, personnel, assets, and liabilities of the Federal Bureau of Investigation, including the functions of the Attorney General relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(3) and sections 121(g)(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Pub. L. 108–458, title VIII, §8402, Dec. 17, 2004, 118 Stat. 3869, provided that:
“(a)
“(b)
“(1) continually maintain and update an enterprise architecture; and
“(2) maintain a state of the art and up to date information technology infrastructure that is in compliance with the enterprise architecture of the Federal Bureau of Investigation.
“(c)
“(d)
“(1) be twice a year until the inability is corrected;
“(2) include a statement as to whether the inability or expectation of inability to meet the terms set forth in the enterprise architecture is substantially related to resources; and
“(3) if the inability or expectation of inability is substantially related to resources, include a request for additional funding that would resolve the problem or a request to reprogram funds that would resolve the problem.
“(e)
Pub. L. 108–405, title II, §203(f), Oct. 30, 2004, 118 Stat. 2271, provided that: “If the Department of Justice plans to modify or supplement the core genetic markers needed for compatibility with the CODIS system, it shall notify the Judiciary Committee of the Senate and the Judiciary Committee of the House of Representatives in writing not later than 180 days before any change is made and explain the reasons for such change.”
Pub. L. 105–314, title VII, §703(a)–(f), Oct. 30, 1998, 112 Stat. 2987–2989, provided that:
“(a)
“(b)
“(c)
“(1) identifying, developing, researching, acquiring, and refining multidisciplinary information and specialities to provide for the most current expertise available to advance investigative knowledge and practices used in child abduction, mysterious disappearances of children, child homicide, and serial murder investigations;
“(2) providing advice and coordinating the application of current and emerging technical, forensic, and other Federal assistance to Federal, State, and local authorities in child abduction, mysterious disappearances of children, child homicide, and serial murder investigations;
“(3) providing investigative support, research findings, and violent crime analysis to Federal, State, and local authorities in child abduction, mysterious disappearances of children, child homicide, and serial murder investigations;
“(4) providing, if requested by a Federal, State, or local law enforcement agency, on site consultation and advice in child abduction, mysterious disappearances of children, child homicide and serial murder investigations;
“(5) coordinating the application of resources of pertinent Federal law enforcement agencies, and other Federal entities including, but not limited to, the United States Customs Service, the Secret Service, the Postal Inspection Service, and the United States Marshals Service, as appropriate, and with the concurrence of the agency head to support Federal, State, and local law enforcement involved in child abduction, mysterious disappearance of a child, child homicide, and serial murder investigations;
“(6) conducting ongoing research related to child abductions, mysterious disappearances of children, child homicides, and serial murder, including identification and investigative application of current and emerging technologies, identification of investigative searching technologies and methods for physically locating abducted children, investigative use of offender behavioral assessment and analysis concepts, gathering statistics and information necessary for case identification, trend analysis, and case linkages to advance the investigative effectiveness of outstanding abducted children cases, develop investigative systems to identify and track serious serial offenders that repeatedly victimize children for comparison to unsolved cases, and other investigative research pertinent to child abduction, mysterious disappearance of a child, child homicide, and serial murder covered in this section;
“(7) working under the NCAVC in coordination with the National Center For Missing and Exploited Children and the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice to provide appropriate training to Federal, State, and local law enforcement in matters regarding child abductions, mysterious disappearances of children, child homicides; and
“(8) establishing a centralized repository based upon case data reflecting child abductions, mysterious disappearances of children, child homicides and serial murder submitted by State and local agencies, and an automated system for the efficient collection, retrieval, analysis, and reporting of information regarding CASMIRC investigative resources, research, and requests for and provision of investigative support services.
“(d)
“(1)
“(2)
“(3)
“(e)
“(1) a description of the goals and activities of the CASMIRC; and
“(2) information regarding—
“(A) the number and qualifications of the members appointed to the CASMIRC;
“(B) the provision of equipment, administrative support, and office space for the CASMIRC; and
“(C) the projected resource needs for the CASMIRC.
“(f)
[For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]
[For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]
Pub. L. 104–132, title VIII, §811, Apr. 24, 1996, 110 Stat. 1312, as amended by Pub. L. 106–546, §6(a), Dec. 19, 2000, 114 Stat. 2733, provided that:
“(a)
“(1) the Attorney General shall—
“(A) provide support and enhance the technical support center and tactical operations of the Federal Bureau of Investigation;
“(B) create a Federal Bureau of Investigation counterterrorism and counterintelligence fund for costs associated with the investigation of cases involving cases of terrorism;
“(C) expand and improve the instructional, operational support, and construction of the Federal Bureau of Investigation Academy;
“(D) construct a Federal Bureau of Investigation laboratory, provide laboratory examination support, and provide for a command center;
“(E) make grants to States to carry out the activities described in subsection (b); and
“(F) increase personnel to support counterterrorism activities; and
“(2) the Director of the Federal Bureau of Investigation shall expand the combined DNA Identification System (CODIS) to include analyses of DNA samples collected from—
“(A) individuals convicted of a qualifying Federal offense, as determined under section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 [42 U.S.C. 14135a(d)];
“(B) individuals convicted of a qualifying District of Columbia offense, as determined under section 4(d) of the DNA Analysis Backlog Elimination Act of 2000 [42 U.S.C. 14135b(d)]; and
“(C) members of the Armed Forces convicted of a qualifying military offense, as determined under section 1565(d) of title 10, United States Code.
“(b)
“(1)
“(A) computerized identification systems that are compatible and integrated with the databases of the National Crime Information Center of the Federal Bureau of Investigation;
“(B) the capability to analyze deoxyribonucleic acid (DNA) in a forensic laboratory in ways that are compatible and integrated with the combined DNA Identification System (CODIS) of the Federal Bureau of Investigation; and
“(C) automated fingerprint identification systems that are compatible and integrated with the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation.
“(2)
“(3)
“(c)
“(1)
“(A) $114,000,000 for fiscal year 1997;
“(B) $166,000,000 for fiscal year 1998;
“(C) $96,000,000 for fiscal year 1999; and
“(D) $92,000,000 for fiscal year 2000.
“(2)
“(3)
“(A)
“(i) the greater of 0.25 percent of such amount or $500,000 shall be allocated to each eligible State; and
“(ii) of the total funds remaining after the allocation under clause (i), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this subparagraph as the population of such State bears to the population of all States.
“(B)
The Attorney General may appoint a Director of the Federal Bureau of Investigation. The Director of the Federal Bureau of Investigation is the head of the Federal Bureau of Investigation.
(Added Pub. L. 89–554, §4(c), Sept. 6, 1966, 80 Stat. 616.)
The section is supplied for convenience and clarification and is based on section 3 of Executive Order No. 6166 of June 10, 1933, which provided for the transfer of the functions of the Bureau of Investigation together with the investigative functions of the Bureau of Prohibition to a “Division of Investigation in the Department of Justice, at the head of which shall be a Director of Investigation”. The Division of Investigation was first designated as the “Federal Bureau of Investigation” by the Act of Mar. 22, 1935, ch. 39, title II, 49 Stat. 77, and has been so designated in statutes since that date. The title of “Director of the Federal Bureau of Investigation” was recognized by statute in the Act of June 5, 1936, ch. 529, 49 Stat. 1484, and has been used in statutes since that date.
Pub. L. 108–458, title II, §§2001–2003, Dec. 17, 2004, 118 Stat. 3700, 3702, provided that:
“(a)
“(1) The National Commission on Terrorist Attacks Upon the United States in its final report stated that, under Director Robert Mueller, the Federal Bureau of Investigation has made significant progress in improving its intelligence capabilities.
“(2) In the report, the members of the Commission also urged that the Federal Bureau of Investigation fully institutionalize the shift of the Bureau to a preventive counterterrorism posture.
“(b)
“(c)
“(2) Each agent employed by the Bureau after the date of the enactment of this Act [Dec. 17, 2004] shall receive basic training in both criminal justice matters and national intelligence matters.
“(3) Each agent employed by the Bureau after the date of the enactment of this Act shall, to the maximum extent practicable, be given the opportunity to undergo, during such agent's early service with the Bureau, meaningful assignments in criminal justice matters and in national intelligence matters.
“(4) The Director shall—
“(A) establish career positions in national intelligence matters for agents, analysts, and related personnel of the Bureau; and
“(B) in furtherance of the requirement under subparagraph (A) and to the maximum extent practicable, afford agents, analysts, and related personnel of the Bureau the opportunity to work in the career specialty selected by such agents, analysts, and related personnel over their entire career with the Bureau.
“(5) The Director shall carry out a program to enhance the capacity of the Bureau to recruit and retain individuals with backgrounds in intelligence, international relations, language, technology, and other skills relevant to the intelligence mission of the Bureau.
“(6) The Director shall, to the maximum extent practicable, afford the analysts of the Bureau training and career opportunities commensurate with the training and career opportunities afforded analysts in other elements of the intelligence community.
“(7) Commencing as soon as practicable after the date of the enactment of this Act, each direct supervisor of a Field Intelligence Group, and each Bureau Operational Manager at the Section Chief and Assistant Special Agent in Charge (ASAC) level and above, shall be a certified intelligence officer.
“(8) The Director shall, to the maximum extent practicable, ensure that the successful discharge of advanced training courses, and of one or more assignments to another element of the intelligence community, is a precondition to advancement to higher level intelligence assignments within the Bureau.
“(d)
“(2) The Director shall provide for such expansion of the secure facilities in the field offices of the Bureau as is necessary to ensure the discharge by the field offices of the intelligence mission of the Bureau.
“(3) The Director shall require that each Field Intelligence Group manager ensures the integration of analysts, agents, linguists, and surveillance personnel in the field.
“(e)
“(2) The Director of the Federal Bureau of Investigation shall carry out subsections (b) through (d) under the joint guidance of the Attorney General and the National Intelligence Director in a manner consistent with section 112(e) [Pub. L. 108–458 does not contain a section 112(e)].
“(f)
“(1) Intelligence.
“(2) Counterterrorism and counterintelligence.
“(3) Criminal Enterprises/Federal Crimes.
“(4) Criminal justice services.
“(g)
“(2) The Director shall include in each annual program review of the Federal Bureau of Investigation that is submitted to Congress a report on the progress made by each field office of the Bureau during the period covered by such review in addressing Bureau and national program priorities.
“(3) Not later than 180 days after the date of the enactment of this Act, and every 12 months thereafter, the Director shall submit to Congress a report assessing the qualifications, status, and roles of analysts at Bureau headquarters and in the field offices of the Bureau.
“(4) Not later than 180 days after the date of the enactment of this Act, and every 12 months thereafter, the Director shall submit to Congress a report on the progress of the Bureau in implementing information-sharing principles.
“(a)
“(b)
“(c)
“(1) Supervision of all national intelligence programs, projects, and activities of the Bureau.
“(2) The discharge by the Bureau of the requirements in section 105B of the National Security Act of 1947 (50 U.S.C. 403–5b).
“(3) The oversight of Bureau field intelligence operations.
“(4) Coordinating human source development and management by the Bureau.
“(5) Coordinating collection by the Bureau against nationally-determined intelligence requirements.
“(6) Strategic analysis.
“(7) Intelligence program and budget management.
“(8) The intelligence workforce.
“(9) Any other responsibilities specified by the Director of the Federal Bureau of Investigation or specified by law.
“(d)
“(a)
“(1) in consultation with the Director of the Office of Personnel Management—
“(A) establish positions for intelligence analysts, and prescribe standards and procedures for establishing and classifying such positions, without regard to chapter 51 of title 5, United States Code; and
“(B) fix the rate of basic pay for such positions, without regard to subchapter III of chapter 53 of title 5, United States Code, if the rate of pay is not greater than the rate of basic pay payable for level IV of the Executive Schedule [5 U.S.C. 5315];
“(2) appoint individuals to such positions; and
“(3) establish a performance management system for such individuals with at least one level of performance above a retention standard.
“(b)
“(c)
“(d)
“(1) the Committees on Appropriations, Homeland Security and Governmental Affairs, and the Judiciary and the Select Committee on Intelligence of the Senate; and
“(2) the Committees on Appropriations, Government Reform [now Committee on Oversight and Government Reform], and the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives.”
Pub. L. 107–273, div. C, title I, §11023, Nov. 2, 2002, 116 Stat. 1830, provided that:
“(a)
“(b)
“(c)
“(1) the Committees on the Judiciary of the Senate and the House of Representatives;
“(2) the Committees on Appropriations of the Senate and the House of Representatives;
“(3) the Select Committee on Intelligence of the Senate; and
“(4) the Permanent Select Committee on Intelligence of the House of Representatives.”
Pub. L. 107–56, title II, §205, Oct. 26, 2001, 115 Stat. 281, provided that:
“(a)
“(b)
“(c)
“(1) the number of translators employed by the FBI and other components of the Department of Justice;
“(2) any legal or practical impediments to using translators employed by other Federal, State, or local agencies, on a full, part-time, or shared basis; and
“(3) the needs of the FBI for specific translation services in certain languages, and recommendations for meeting those needs.”
Pub. L. 102–183, title V, §501, Dec. 4, 1991, 105 Stat. 1268, provided that:
“(a)
“(b)
“(c)
Pub. L. 90–351, title VI, §1101, June 19, 1968, 82 Stat. 236, as amended by Pub. L. 94–503, title II, §203, Oct. 15, 1976, 90 Stat. 2427, provided that:
“(a) Effective as of the day following the date on which the present incumbent in the office of Director ceases to serve as such, the Director of the Federal Bureau of Investigation shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive compensation at the rate prescribed for level II of the Federal Executive Salary Schedule [section 5313 of Title 5, Government Organization and Employees].
“(b) Effective with respect to any individual appointment by the President, by and with the advice and consent of the Senate, after June 1, 1973, the term of service of the Director of the Federal Bureau of Investigation shall be ten years. A Director may not serve more than one ten-year term. The provisions of subsections (a) through (c) of section 8335 of title 5, United States Code, shall apply to any individual appointed under this section.”
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.
(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.)
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| 5 U.S.C. 299, 300 (less applicability to acquisition etc. of identification and other records). | 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. |
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).
2002—Pars. (3), (4). Pub. L. 107–273 added par. (3) and redesignated former par. (3) as (4).
Pub. L. 101–193, title VI, §603, Nov. 30, 1989, 103 Stat. 1710, provided that: “Subject to the authority of the Attorney General, the FBI shall supervise the conduct of all investigations of violations of the espionage laws of the United States by persons employed by or assigned to United States diplomatic missions abroad. All departments and agencies shall report immediately to the FBI any information concerning such a violation. All departments and agencies shall provide appropriate assistance to the FBI in the conduct of such investigations. Nothing in this provision shall be construed as establishing a defense to any criminal, civil, or administrative action.”
Pub. L. 111–117, div. B, title II, §207, Dec. 16, 2009, 123 Stat. 3139, provided that: “Notwithstanding any other provision of law, Public Law 102–395 section 102(b) [set out below] shall extend to the Bureau of Alcohol, Tobacco, Firearms and Explosives in the conduct of undercover investigative operations and shall apply without fiscal year limitation with respect to any undercover investigative operation by the Bureau of Alcohol, Tobacco, Firearms and Explosives that is necessary for the detection and prosecution of crimes against the United States.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 111–8, div. B, title II, §207, Mar. 11, 2009, 123 Stat. 585.
Pub. L. 110–161, div. B, title II, §207, Dec. 26, 2007, 121 Stat. 1913.
Pub. L. 109–108, title I, §107, Nov. 22, 2005, 119 Stat. 2304.
Pub. L. 108–447, div. B, title I, §116, Dec. 8, 2004, 118 Stat. 2870.
Pub. L. 109–162, title XI, §1151(c), Jan. 5, 2006, 119 Stat. 3112, provided that: “Section 102(b) of the Department of Justice and Related Agencies Appropriations Act, 1993 [Pub. L. 102–395, set out below], as in effect pursuant to section 815(d) of the Antiterrorism and Effective Death Penalty Act of 1996 [Pub. L. 104–132, set out below] shall apply with respect to the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the undercover investigative operations of the Bureau on the same basis as such section applies with respect to any other agency and the undercover investigative operations of such agency.”
Pub. L. 104–132, title VIII, §815(d), Apr. 24, 1996, 110 Stat. 1315, provided that: “Notwithstanding any other provision of law, section 102(b) of the Department of Justice and Related Agencies Appropriations Act, 1993 (Public Law 102–395) [Pub. L. 102–395, set out below], shall remain in effect until specifically repealed, subject to any limitation on appropriations contained in any Department of Justice Appropriation Authorization Act.”
Pub. L. 102–395, title I, §102(b), Oct. 6, 1992, 106 Stat. 1838, as amended by section 112 of H.R. 2076, One Hundred Fourth Congress, as passed by the House of Representatives on Dec. 6, 1995, and as enacted into law by Pub. L. 104–91, title I, §101(a), Jan. 6, 1996, 110 Stat. 11, as amended by Pub. L. 104–99, title II, §211, Jan. 26, 1996, 110 Stat. 37; Pub. L. 109–177, title V, §506(a)(10), Mar. 9, 2006, 120 Stat. 248, provided that:
“(b)(1) During fiscal year 1996, with respect to any undercover investigative operation of the Federal Bureau of Investigation or the Drug Enforcement Administration which is necessary for the detection and prosecution of crimes against the United States or for the collection of foreign intelligence or counterintelligence—
“(A) sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Administration may be used for purchasing property, buildings, and other facilities, and for leasing space, within the United States, the District of Columbia, and the territories and possessions of the United States, without regard to section 1341 of title 31 of the United States Code, section 3732(a) of the Revised Statutes (41 U.S.C. 11(a)), section 305 of the Act of June 30, 1949 (63 Stat. 396; 41 U.S.C. 255), the third undesignated paragraph under the heading of ‘Miscellaneous’ of the Act of March 3, 1877 (19 Stat. 370; 40 U.S.C. 34 [now 40 U.S.C. 8141]), section 3324 of title 31 of the United States Code, section 3741 of the Revised Statutes (41 U.S.C. 22), and subsections (a) and (c) of section 304 of the Federal Property and Administrative Service [Services] Act of 1949 (63 Stat. 395; 41 U.S.C. 254(a) and (c)),
“(B) sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Administration may be used to establish or to acquire proprietary corporations or business entities as part of an undercover investigative operation, and to operate such corporations or business entities on a commercial basis, without regard to section 9102 of title 31 of the United States Code,
“(C) sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Administration for fiscal year 1996, and the proceeds from such undercover operation, may be deposited in banks or other financial institutions, without regard to section 648 of title 18 of the United States Code and section 3302 of title 31 of the United States Code, and
“(D) proceeds from such undercover operation may be used to offset necessary and reasonable expenses incurred in such operation, without regard to section 3302 of title 31 of the United States Code,
only, in operations designed to detect and prosecute crimes against the United States, upon the written certification of the Director of the Federal Bureau of Investigation (or, if designated by the Director, a member of the Undercover Operations Review Committee established by the Attorney General in the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations, as in effect on July 1, 1983) or the Administrator of the Drug Enforcement Administration, as the case may be, and the Attorney General (or, with respect to Federal Bureau of Investigation undercover operations, if designated by the Attorney General, a member of such Review Committee), that any action authorized by subparagraph (A), (B), (C), or (D) is necessary for the conduct of such undercover operation. If the undercover operation is designed to collect foreign intelligence or counterintelligence, the certification that any action authorized by subparagraph (A), (B), (C), or (D) is necessary for the conduct of such undercover operation shall be by the Director of the Federal Bureau of Investigation (or, if designated by the Director, the Assistant Director, Intelligence Division) and the Attorney General (or, if designated by the Attorney General, the Assistant Attorney General for National Security). Such certification shall continue in effect for the duration of such undercover operation, without regard to fiscal years.
“(2) Notwithstanding paragraph (1), it shall not be necessary to obtain such certification for an undercover operation in order that proceeds or other money—
“(A) received by an undercover agent from or at the direction of a subject of an investigation, or
“(B) provided to an agent by an individual cooperating with the Government in an investigation, who received the proceeds or money from or at the direction of a subject of the investigation,
may be used as a subject of the investigation directs without regard to section 3302 of title 31 of the United States Code: Provided, That the Director of the Federal Bureau of Investigation or the Administrator of the Drug Enforcement Administration, or their designees, in advance or as soon as practicable thereafter, make a written determination that such a use would further the investigation: And provided further, That the financial audit requirements of paragraphs (5) and (6) shall apply in each investigation where such a determination has been made.
“(3) As soon as the proceeds from an undercover investigative operation with respect to which an action is authorized and carried out under subparagraphs (C) and (D) of paragraph (1), or under paragraph (2) are no longer necessary for the conduct of such operation, such proceeds or the balance of such proceeds remaining at the time shall be deposited in the Treasury of the United States as miscellaneous receipts.
“(4) If a corporation or business entity established or acquired as part of an undercover operation under subparagraph (B) of paragraph (1) with a net value of over $50,000 is to be liquidated, sold, or otherwise disposed of, the Federal Bureau of Investigation or the Drug Enforcement Administration, as much in advance as the Director or the Administrator, or the designee of the Director or the Administrator, determines is practicable, shall report the circumstances to the Attorney General and the Comptroller General. The proceeds of the liquidation, sale, or other disposition, after obligations are met, shall be deposited in the Treasury of the United States as miscellaneous receipts.
“(5)(A) The Federal Bureau of Investigation or the Drug Enforcement Administration, as the case may be, shall conduct a detailed financial audit of each undercover investigative operation which is closed in fiscal year 1996—
“(i) submit the results of such audit in writing to the Attorney General, and
“(ii) not later than 180 days after such undercover operation is closed, submit a report to the Congress concerning such audit.
“(B) The Federal Bureau of Investigation and the Drug Enforcement Administration shall each also submit a report annually to the Congress specifying as to their respective undercover investigative operations—
“(i) the number, by programs, of undercover investigative operations pending as of the end of the one-year period for which such report is submitted,
“(ii) the number, by programs, of undercover investigative operations commenced in the one-year period preceding the period for which such report is submitted, and
“(iii) the number, by programs, of undercover investigative operations closed in the one-year period preceding the period for which such report is submitted and, with respect to each such closed undercover operation, the results obtained. With respect to each such closed undercover operation which involves any of the sensitive circumstances specified in the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations, such report shall contain a detailed description of the operation and related matters, including information pertaining to—
“(I) the results,
“(II) any civil claims, and
“(III) identification of such sensitive circumstances involved, that arose at any time during the course of such undercover operation.
“(6) For purposes of paragraph (5)—
“(A) the term ‘closed’ refers to the earliest point in time at which—
“(i) all criminal proceedings (other than appeals) are concluded, or
“(ii) covert activities are concluded, whichever occurs later,
“(B) the term ‘employees’ means employees, as defined in section 2105 of title 5 of the United States Code, of the Federal Bureau of Investigation, and
“(C) the terms ‘undercover investigative operations’ and ‘undercover operation’ mean any undercover investigative operation of the Federal Bureau of Investigation or the Drug Enforcement Administration (other than a foreign counterintelligence undercover investigative operation)—
“(i) in which—
“(I) the gross receipts (excluding interest earned) exceed $50,000, or
“(II) expenditures (other than expenditures for salaries of employees) exceed $150,000, and
“(ii) which is exempt from section 3302 or 9102 of title 31 of the United States Code,
except that clauses (i) and (ii) shall not apply with respect to the report required under subparagraph (B) of such paragraph.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 102–140, title I, §102(b)(4), (5), Oct. 28, 1991, 105 Stat. 793.
Pub. L. 101–515, title II, §202(b)(4), (5), Nov. 5, 1990, 104 Stat. 2118.
Pub. L. 101–162, title II, §204(b)(4), (5), Nov. 21, 1989, 103 Stat. 1004.
Pub. L. 100–459, title II, §204(b)(4), (5), Oct. 1, 1988, 102 Stat. 2200, 2201, as amended by Pub. L. 101–650, title III, §325(c)(2), Dec. 1, 1990, 104 Stat. 5121.
Pub. L. 100–202, §101(a) [title II, §204(b)(4), (5)], Dec. 22, 1987, 101 Stat. 1329, 1329–16.
Pub. L. 99–500, §101(b) [title II, §204(b)(4), (5)], Oct. 18, 1986, 100 Stat. 1783–39, 1783–52, 1783–53, and Pub. L. 99–591, §101(b) [title II, §204(b)(4), (5)], Oct. 30, 1986, 100 Stat. 3341–39, 3341–52, 3341–53.
Pub. L. 99–180, title II, §204(b)(4), (5), Dec. 13, 1985, 99 Stat. 1148.
Pub. L. 98–411, title II, §203(b)(4), (5), Aug. 30, 1984, 98 Stat. 1560.
Pub. L. 98–166, title II, §205(b)(4), (5), Nov. 28, 1983, 97 Stat. 1087.
Pub. L. 96–132, §7(d), Nov. 30, 1979, 93 Stat. 1046, provided that:
“(1) The Federal Bureau of Investigation shall conduct detailed financial audits of undercover operations closed on or after October 1, 1979, and—
“(A) report the results of each audit in writing to the Department of Justice, and
“(B) report annually to the Congress concerning these audits.
“(2) For the purposes of paragraph (1), ‘undercover operation’ means any undercover operation of the Federal Bureau of Investigation, other than a foreign counterintelligence undercover operation—
“(A) in which the gross receipts exceed $50,000, and
“(B) which is exempted from section 3617 of the Revised Statutes (31 U.S.C. 484) [31 U.S.C. 3302(b)] or section 304(a) of the Government Corporation Control Act (31 U.S.C. 869(a)) [31 U.S.C. 9102].”
1 So in original. The word “and” probably should not appear.
2 So in original. The period probably should be “; and”.
(a) The Attorney General shall—
(1) acquire, collect, classify, and preserve identification, criminal identification, crime, and other records;
(2) acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual;
(3) acquire, collect, classify, and preserve any information which would assist in the location of any missing person (including an unemancipated person as defined by the laws of the place of residence of such person) and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person (and the Attorney General may acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin); and
(4) exchange such records and information with, and for the official use of, authorized officials of the Federal Government, including the United States Sentencing Commission, the States, cities, and penal and other institutions.
(b) The exchange of records and information authorized by subsection (a)(4) of this section is subject to cancellation if dissemination is made outside the receiving departments or related agencies.
(c) The Attorney General may appoint officials to perform the functions authorized by this section.
(d)
(e) For purposes of this section, the term “other institutions” includes—
(1) railroad police departments which perform the administration of criminal justice and have arrest powers pursuant to a State statute, which allocate a substantial part of their annual budget to the administration of criminal justice, and which meet training requirements established by law or ordinance for law enforcement officers; and
(2) police departments of private colleges or universities which perform the administration of criminal justice and have arrest powers pursuant to a State statute, which allocate a substantial part of their annual budget to the administration of criminal justice, and which meet training requirements established by law or ordinance for law enforcement officers.
(f)(1) Information from national crime information databases consisting of identification records, criminal history records, protection orders, and wanted person records may be disseminated to civil or criminal courts for use in domestic violence or stalking cases. Nothing in this subsection shall be construed to permit access to such records for any other purpose.
(2) Federal and State criminal justice agencies authorized to enter information into criminal information databases may include—
(A) arrests, convictions, and arrest warrants for stalking or domestic violence or for violations of protection orders for the protection of parties from stalking or domestic violence; and
(B) protection orders for the protection of persons from stalking or domestic violence, provided such orders are subject to periodic verification.
(3) As used in this subsection—
(A) the term “national crime information databases” means the National Crime Information Center and its incorporated criminal history databases, including the Interstate Identification Index; and
(B) the term “protection order” includes—
(i) any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence or contact or communication with or physical proximity to, another person, including any temporary or final orders issued by civil or criminal courts whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and
(ii) any support, child custody or visitation provisions, orders, remedies, or relief issued as part of a protection order, restraining order, or stay away injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence, dating violence, sexual assault, or stalking.
(Added Pub. L. 89–554, §4(c), Sept. 6, 1966, 80 Stat. 616; amended Pub. L. 97–292, §§2, 3(a), Oct. 12, 1982, 96 Stat. 1259; Pub. L. 100–690, title VII, §7333, Nov. 18, 1988, 102 Stat. 4469; Pub. L. 103–322, title IV, §40601(a), Sept. 13, 1994, 108 Stat. 1950; Pub. L. 107–273, div. A, title II, §204(c), div. B, title IV, §4003(b)(4), div. C, title I, §11004, Nov. 2, 2002, 116 Stat. 1776, 1811, 1816; Pub. L. 109–162, title I, §118, title IX, §905(a), Jan. 5, 2006, 119 Stat. 2989, 3079; Pub. L. 109–248, title I, §153(i), July 27, 2006, 120 Stat. 611.)
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| 5 U.S.C. 300 (as applicable to acquisition etc. of identification and other records). | Aug. 31, 1964, Pub. L. 88–527, §201 (1st 105 words of 1st par. under “Federal Bureau of Investigation”, as applicable to acquisition etc. of identification and other records), 78 Stat. 717. | |
| 5 U.S.C. 340. | June 11, 1930, ch. 455, 46 Stat. 554. |
The sections are combined and reorganized for clarity. Former section 300 of title 5 was from the Department of Justice Appropriation Act, 1965. Similar provisions were contained in each appropriation Act for the Department of Justice running back to 1921, which Acts are identified in a note under former section 300 of title 5, U.S.C. 1964 ed.
In subsection (a), the word “shall” is substituted for “has the duty” as a more direct expression. The function of acquiring, collecting, classifying, etc., referred to in former section 340 of title 5 was transferred to the Attorney General by 1950 Reorg., Plan No. 2, §1, eff. May 24, 1950, 64 Stat. 1261, which is codified in section 509 of this title. Accordingly, the first 29 words and last 30 words of former section 340 are omitted as unnecessary.
In subsection (c), the authority to appoint officials for the cited purposes is implied.
2006—Subsec. (d). Pub. L. 109–162, §905(a)(2), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 109–248 redesignated subsec. (e), relating to information from national crime information databases, as (f).
Pub. L. 109–162, §905(a)(1), redesignated subsec. (d), relating to the term “other institutions”, as (e).
Subsec. (e)(3)(B). Pub. L. 109–162, §118, added subpar. (B) and struck out former subpar. (B) which read as follows: “the term ‘protection order’ includes an injunction or any other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil or criminal courts (other than support or child custody orders) whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.”
Subsec. (f). Pub. L. 109–248 redesignated subsec. (e), relating to information from national crime information databases, as (f).
2002—Subsec. (a)(3). Pub. L. 107–273, §§204(c) and 4003(b)(4), amended par. (3) identically, inserting “and” at end.
Subsec. (a)(4). Pub. L. 107–273, §11004, added par. (4) and struck out former par. (4) which read as follows: “exchange such records and information with, and for the official use of, authorized officials of the Federal Government, the States, cities, and penal and other institutions.”
1994—Subsec. (e). Pub. L. 103–322 added subsec. (e).
1988—Subsec. (d). Pub. L. 100–690 added subsec. (d).
1982—Pub. L. 97–292, §3(a), inserted “and information” after “identification records” in section catchline.
Subsec. (a). Pub. L. 97–292, §2(a), added pars. (2) and (3), redesignated former par. (2) as (4), and substituted “exchange such records and information” for “exchange these records” in par. (4).
Subsec. (b). Pub. L. 97–292, §2(b), substituted “exchange of records and information authorized by subsection (a)(4)” for “exchange of records authorized by subsection (a)(2)”.
Pub. L. 103–322, title IV, §40601(b), Sept. 13, 1994, 108 Stat. 1951, provided that: “The Attorney General may make rules to carry out the subsection added to section 534 of title 28, United States Code, by subsection (a), after consultation with the officials charged with managing the National Crime Information Center and the Criminal Justice Information Services Advisory Policy Board.”
Pub. L. 110–457, title II, §237(a), (b), Dec. 23, 2008, 122 Stat. 5083, provided that:
“(a)
“(1) classify the offense of human trafficking as a Part I crime in the Uniform Crime Reports;
“(2) to the extent feasible, establish subcategories for State sex crimes that involve—
“(A) a person who is younger than 18 years of age;
“(B) the use of force, fraud or coercion; or
“(C) neither of the elements described in subparagraphs (A) and (B); and
“(3) classify the offense of human trafficking as a Group A offense for purpose of the National Incident-Based Reporting System.
“(b)
“(1) incidents of assisting or promoting prostitution, which shall include crimes committed by persons who—
“(A) do not directly engage in commercial sex acts; and
“(B) direct, manage, or profit from such acts, such as State pimping and pandering crimes;
“(2) incidents of purchasing prostitution, which shall include crimes committed by persons who purchase or attempt to purchase or trade anything of value for commercial sex acts; and
“(3) incidents of prostitution, which shall include crimes committed by persons providing or attempting to provide commercial sex acts.”
Pub. L. 109–162, title IX, §905(b), Jan. 5, 2006, 119 Stat. 3080, provided that:
“(1)
“(A) a national tribal sex offender registry; and
“(B) a tribal protection order registry containing civil and criminal orders of protection issued by Indian tribes and participating jurisdictions.
“(2)
Pub. L. 109–162, title XI, §1107, Jan. 5, 2006, 119 Stat. 3093, provided that:
“(a)
“(1) the Federal Bureau of Investigation;
“(2) the Bureau of Alcohol, Tobacco, Firearms, and Explosives;
“(3) the Drug Enforcement Administration;
“(4) the Bureau of Prisons;
“(5) the United States Marshals Service;
“(6) the Directorate of Border and Transportation Security of the Department of Homeland Security;
“(7) the Department of Housing and Urban Development;
“(8) State and local law enforcement;
“(9) Federal, State, and local prosecutors;
“(10) Federal, State, and local probation and parole offices;
“(11) Federal, State, and local prisons and jails; and
“(12) any other entity as appropriate.
“(b)
“(1) Federal, State, and local law enforcement agencies;
“(2) Federal, State, and local corrections agencies and penal institutions;
“(3) Federal, State, and local prosecutorial agencies; and
“(4) any other entity as appropriate.
“(c)
“(d)
Pub. L. 108–458, title VI, §6402, Dec. 17, 2004, 118 Stat. 3755, provided that:
“(a)
“(b)
“(1) employment of private security officers in the United States is growing rapidly;
“(2) private security officers function as an adjunct to, but not a replacement for, public law enforcement by helping to reduce and prevent crime;
“(3) such private security officers protect individuals, property, and proprietary information, and provide protection to such diverse operations as banks, hospitals, research and development centers, manufacturing facilities, defense and aerospace contractors, high technology businesses, nuclear power plants, chemical companies, oil and gas refineries, airports, communication facilities and operations, office complexes, schools, residential properties, apartment complexes, gated communities, and others;
“(4) sworn law enforcement officers provide significant services to the citizens of the United States in its public areas, and are supplemented by private security officers;
“(5) the threat of additional terrorist attacks requires cooperation between public and private sectors and demands professional, reliable, and responsible security officers for the protection of people, facilities, and institutions;
“(6) the trend in the Nation toward growth in such security services has accelerated rapidly;
“(7) such growth makes available more public sector law enforcement officers to combat serious and violent crimes, including terrorism;
“(8) the American public deserves the employment of qualified, well-trained private security personnel as an adjunct to sworn law enforcement officers; and
“(9) private security officers and applicants for private security officer positions should be thoroughly screened and trained.
“(c)
“(1)
“(2)
“(A) employs private security officers; and
“(B) is authorized by regulations promulgated by the Attorney General to request a criminal history record information search of an employee through a State identification bureau pursuant to this section.
“(3)
“(A) means an individual other than an employee of a Federal, State, or local government, whose primary duty is to perform security services, full or part time, for consideration, whether armed or unarmed and in uniform or plain clothes (except for services excluded from coverage under this Act [this section] if the Attorney General determines by regulation that such exclusion would serve the public interest); but
“(B) does not include—
“(i) employees whose duties are primarily internal audit or credit functions;
“(ii) employees of electronic security system companies acting as technicians or monitors; or
“(iii) employees whose duties primarily involve the secure movement of prisoners.
“(4)
“(5)
“(d)
“(1)
“(A)
“(B)
“(i)
“(ii)
“(C)
“(i) search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation; and
“(ii) promptly provide any resulting identification and criminal history record information to the submitting State identification bureau requesting the information.
“(D)
“(i)
“(ii)
“(I) a participating State that has no State standards for qualification to be a private security officer, the State shall notify an authorized employer as to the fact of whether an employee has been—
“(aa) convicted of a felony, an offense involving dishonesty or a false statement if the conviction occurred during the previous 10 years, or an offense involving the use or attempted use of physical force against the person of another if the conviction occurred during the previous 10 years; or
“(bb) charged with a criminal felony for which there has been no resolution during the preceding 365 days; or
“(II) a participating State that has State standards for qualification to be a private security officer, the State shall use the information received pursuant to this Act [this section] in applying the State standards and shall only notify the employer of the results of the application of the State standards.
“(E)
“(2)
“(A) measures relating to the security, confidentiality, accuracy, use, submission, dissemination, destruction of information and audits, and record keeping;
“(B) standards for qualification as an authorized employer; and
“(C) the imposition of reasonable fees necessary for conducting the background checks.
“(3)
“(4)
“(A)
“(i) collect fees to process background checks provided for by this Act [this section]; and
“(ii) establish such fees at a level to include an additional amount to defray expenses for the automation of fingerprint identification and criminal justice information services and associated costs.
“(B)
“(i) shall, consistent with Public Law 101–515 [see Tables for classification] and Public Law 104–99 [see Tables for classification], be credited to the appropriation to be used for salaries and other expenses incurred through providing the services described in such Public Laws and in subparagraph (A);
“(ii) shall be available for expenditure only to pay the costs of such activities and services; and
“(iii) shall remain available until expended.
“(C)
“(5)
Pub. L. 105–277, div. A, §101(b) [title I, §124], Oct. 21, 1998, 112 Stat. 2681–50, 2681–73, provided that:
“(a)(1) A nursing facility or home health care agency may submit a request to the Attorney General to conduct a search and exchange of records described in subsection (b) regarding an applicant for employment if the employment position is involved in direct patient care.
“(2) A nursing facility or home health care agency requesting a search and exchange of records under this section shall submit to the Attorney General through the appropriate State agency or agency designated by the Attorney General a copy of an employment applicant's fingerprints, a statement signed by the applicant authorizing the nursing facility or home health care agency to request the search and exchange of records, and any other identification information not more than 7 days (excluding Saturdays, Sundays, and legal public holidays under section 6103(a) of title 5, United States Code) after acquiring the fingerprints, signed statement, and information.
“(b) Pursuant to any submission that complies with the requirements of subsection (a), the Attorney General shall search the records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation for any criminal history records corresponding to the fingerprints or other identification information submitted. The Attorney General shall provide any corresponding information resulting from the search to the appropriate State agency or agency designated by the Attorney General to receive such information.
“(c) Information regarding an applicant for employment in a nursing facility or home health care agency obtained pursuant to this section may be used only by the facility or agency requesting the information and only for the purpose of determining the suitability of the applicant for employment by the facility or agency in a position involved in direct patient care.
“(d) The Attorney General may charge a reasonable fee, not to exceed $50 per request, to any nursing facility or home health care agency requesting a search and exchange of records pursuant to this section.
“(e) Not later than 2 years after the date of enactment of this Act [Oct. 21, 1998], the Attorney General shall submit a report to Congress on the number of requests for searches and exchanges of records made under this section by nursing facilities and home health care agencies and the disposition of such requests.
“(f) Whoever knowingly uses any information obtained pursuant to this section for a purpose other than as authorized under subsection (c) shall be fined in accordance with title 18, United States Code, imprisoned for not more than 2 years, or both.
“(g) A nursing facility or home health care agency that, in denying employment for an applicant, reasonably relies upon information provided by the Attorney General pursuant to this section shall not be liable in any action brought by the applicant based on the employment determination resulting from the incompleteness or inaccuracy of the information.
“(h) The Attorney General may promulgate such regulations as are necessary to carry out this section, including regulations regarding the security, confidentiality, accuracy, use, destruction, and dissemination of information, audits and recordkeeping, the imposition of fees, and any necessary modifications to the definitions contained in subsection (i).
“(i) In this section:
“(1) The term ‘home health care agency’ means an agency that provides home health care or personal care services on a visiting basis in a place of residence.
“(2) The term ‘nursing facility’ means a facility or institution (or a distinct part of an institution) that is primarily engaged in providing to residents of the facility or institution nursing care, including skilled nursing care, and related services for individuals who require medical or nursing care.
“(j) This section shall apply without fiscal year limitation.”
Pub. L. 104–132, title VIII, §808, Apr. 24, 1996, 110 Stat. 1310, which required Attorney General to collect data for the calendar year 1990 and each succeeding calendar year, relating to crimes and incidents of threats of violence and acts of violence against Federal, State, and local government employees and their families in the performance of their lawful duties, and to annually publish a summary of the data collected to be used only for research and statistical purposes, was repealed by Pub. L. 107–273, div. A, title III, §311(a), Nov. 2, 2002, 116 Stat. 1786.
Pub. L. 101–647, title VI, subtitle B, Nov. 29, 1990, 104 Stat. 4823, provided that:
“This section [subtitle] may be cited as the ‘National Law Enforcement Cooperation Act of 1990’.
“The Congress finds that—
“(1) cooperation among Federal, State and local law enforcement agencies is critical to an effective national response to the problems of violent crime and drug trafficking in the United States;
“(2) the National Crime Information Center, which links more than 16,000 Federal, State and local law enforcement agencies, is the single most important avenue of cooperation among law enforcement agencies;
“(3) major improvements to the National Crime Information Center are needed because the current system is more than twenty years old; carries much greater volumes of enforcement information; and at this time is unable to incorporate technological advances that would significantly improve its performance; and
“(4) the Federal Bureau of Investigation, working with State and local law enforcement agencies and private organizations, has developed a promising plan, ‘NCIC 2000’, to make the necessary upgrades to the National Crime Information Center that should meet the needs of United States law enforcement agencies into the next century.
“There are authorized to be appropriated the following sums to implement the ‘NCIC 2000’ project:
“(1) $17,000,000 for fiscal year 1991;
“(2) $25,000,000 for fiscal year 1992;
“(3) $22,000,000 for fiscal year 1993;
“(4) $9,000,000 for fiscal year 1994; and
“(5) such sums as may be necessary for fiscal year 1995.
“By February 1 of each fiscal year for which funds for NCIC 2000 are requested, the Director of the Federal Bureau of Investigation shall submit a report to the Committees on the Judiciary of the Senate and House of Representatives that details the progress that has been made in implementing NCIC 2000 and a complete justification for the funds requested in the following fiscal year for NCIC 2000.”
Pub. L. 101–515, title II, Nov. 5, 1990, 104 Stat. 2112, as amended by section 113 of H.R. 2076, One Hundred Fourth Congress, as passed by the House of Representatives on Dec. 6, 1995, and as enacted into law by Pub. L. 104–91, title I, §101(a), Jan. 6, 1996, 110 Stat. 11, as amended by Pub. L. 104–99, title II, §211, Jan. 26, 1996, 110 Stat. 37, provided in part that: “for fiscal year 1991 and hereafter the Director of the Federal Bureau of Investigation may establish and collect fees to process fingerprint identification records and name checks for non-criminal justice, non-law enforcement employment and licensing purposes and for certain employees of private sector contractors with classified Government contracts, and notwithstanding the provisions of 31 U.S.C. 3302, credit such fees to this appropriation to be used for salaries and other expenses incurred in providing these services, and that the Director of the Federal Bureau of Investigation may establish such fees at a level to include an additional amount to establish a fund to remain available until expended to defray expenses for the automation of fingerprint identification and criminal justice information services and associated costs”.
Pub. L. 101–275, Apr. 23, 1990, 104 Stat. 140, as amended by Pub. L. 103–322, title XXXII, §320926, Sept. 13, 1994, 108 Stat. 2131; Pub. L. 104–155, §7, July 3, 1996, 110 Stat. 1394; Pub. L. 111–84, div. E, §4708, Oct. 28, 2009, 123 Stat. 2841, provided: “That (a) this Act may be cited as the ‘Hate Crime Statistics Act’.
“(b)(1) Under the authority of section 534 of title 28, United States Code, the Attorney General shall acquire data, for each calendar year, about crimes that manifest evidence of prejudice based on race, gender and gender identity, religion, disability, sexual orientation, or ethnicity, including where appropriate the crimes of murder, non-negligent manslaughter; forcible rape; aggravated assault, simple assault, intimidation; arson; and destruction, damage or vandalism of property.
“(2) The Attorney General shall establish guidelines for the collection of such data including the necessary evidence and criteria that must be present for a finding of manifest prejudice and procedures for carrying out the purposes of this section.
“(3) Nothing in this section creates a cause of action or a right to bring an action, including an action based on discrimination due to sexual orientation. As used in this section, the term ‘sexual orientation’ means consensual homosexuality or heterosexuality. This subsection does not limit any existing cause of action or right to bring an action, including any action under the Administrative Procedure Act [5 U.S.C. 551 et seq., 701 et seq.] or the All Writs Act [see 28 U.S.C. 1651].
“(4) Data acquired under this section shall be used only for research or statistical purposes and may not contain any information that may reveal the identity of an individual victim of a crime.
“(5) The Attorney General shall publish an annual summary of the data acquired under this section, including data about crimes committed by, and crimes directed against, juveniles.
“(c) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section through fiscal year 2002.
“
“(1) the American family life is the foundation of American Society,
“(2) Federal policy should encourage the well-being, financial security, and health of the American family,
“(3) schools should not de-emphasize the critical value of American family life.
“(b) Nothing in this Act shall be construed, nor shall any funds appropriated to carry out the purpose of the Act be used, to promote or encourage homosexuality.”
Section 7332 of Pub. L. 100–690 provided that:
“(a)
“(b)
“(c)
“(1)
“(2)
“(3)
“(d)
“(e)
“(f)
“(g)
Section 7609 of Pub. L. 100–690 provided that:
“(a)
“(1) the age of the victim; and
“(2) the relationship of the victim to the offender, for crimes of murder, aggravated assault, simple assault, rape, sexual offenses, and offenses against children.
“(b)
“(c)
Pub. L. 100–413, Aug. 22, 1988, 102 Stat. 1101, provided that:
“This Act may be cited as the ‘Parimutuel Licensing Simplification Act of 1988’.
“(a)
“(b)
“This Act shall take effect on July 1, 1989.”
Pub. L. 92–544, title II, §201, Oct. 25, 1972, 86 Stat. 1115, provided that: “The funds provided for Salaries and Expenses, Federal Bureau of Investigation, may be used hereafter, in addition to those uses authorized thereunder, for the exchange of identification records with officials or federally chartered or insured banking institutions to promote or maintain the security of those institutions, and, if authorized by State statute and approved by the Attorney General, to officials of State and local governments for purposes of employment and licensing, any such exchange to be made only for the official use of any such official and subject to the same restriction with respect to dissemination as that provided for under the aforementioned appropriation.”
(a) The Attorney General and the Federal Bureau of Investigation may investigate any violation of Federal criminal law involving Government officers and employees—
(1) notwithstanding any other provision of law; and
(2) without limiting the authority to investigate any matter which is conferred on them or on a department or agency of the Government.
(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 Federal criminal law involving Government officers and employees shall be expeditiously reported to the Attorney General by the head of the department or agency, or the witness, discoverer, or recipient, as appropriate, unless—
(1) the responsibility to perform an investigation with respect thereto is specifically assigned 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 departments 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.)
| 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 “(chapter 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.
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 provisions, substituted “matter, or complaint witnessed, discovered, or” for “or complaint” and “Federal criminal law” for “title 18” and inserted “or the witness, discoverer, or recipient, as appropriate,” after “agency,”.
Office of Postmaster General of Post Office Department abolished and all functions, powers, and duties of Postmaster General transferred to United States Postal 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, Postal Service.
All positions in the Federal Bureau of Investigation are excepted from the competitive service, 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.)
| 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 “Federal Bureau of Investigation”), 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 ambiguity and give true effect to the prohibition against the use of appropriations to the Federal Bureau of Investigation. 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 provisions appearing in former section 300d of title 5 are derived from the Department of Justice Appropriation Act, 1965, and earlier appropriation Acts for the Department 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.
Appropriations for the Federal Bureau of Investigation are available for expenses of unforeseen emergencies of a confidential character, when so specified in the appropriation concerned, to be spent under the direction of the Attorney General. The Attorney General shall certify the amount spent that he considers advisable not to specify, and his certification is a sufficient voucher for the amount therein expressed to have been spent.
(Added Pub. L. 89–554, §4(c), Sept. 6, 1966, 80 Stat. 617.)
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| 5 U.S.C. 341c (less last sentence). | 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 Attorney General to accept and maintain, on behalf of the United States, membership in the International Criminal Police Organization, and to designate any departments 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 substituted for “and every such certificate shall be deemed a sufficient voucher”.
The Federal Bureau of Investigation shall investigate any violation of section 46314 or chapter 465 of title 49.
(Added Pub. L. 103–272, §4(e)(1), July 5, 1994, 108 Stat. 1361.)
The Director of the Federal Bureau of Investigation may use funds available to the Federal Bureau of Investigation for counterintelligence programs to pay the expenses of hosting foreign officials in the United States under the auspices of the Federal Bureau of Investigation for consultation on counterintelligence matters.
(Added Pub. L. 99–569, title IV, §401(a), Oct. 27, 1986, 100 Stat. 3195.)
The Attorney General and the Federal Bureau of Investigation may investigate felonious killings of officials and employees of a State or political subdivision thereof while engaged in or on account of the performance of official duties relating to the prevention, detection, investigation, or prosecution of an offense against the criminal laws of a State or political subdivision, when such investigation is requested by the head of the agency employing the official or employee killed, and under such guidelines as the Attorney General or his designee may establish.
(Added Pub. L. 100–690, title VII, §7331(a), Nov. 18, 1988, 102 Stat. 4468.)
(a)
(b)
(c)
(1) “felony crime of violence” means an offense punishable by more than one year in prison that has as an element the use, attempted use, or threatened use of physical force against the person of another.
(2) “State” means a State, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(3) “traveler” means a victim of a crime of violence who is not a resident of the State in which the crime of violence occurred.
(Added Pub. L. 103–322, title XXXII, §320916(a), Sept. 13, 1994, 108 Stat. 2129; amended Pub. L. 104–294, title VI, §604(b)(21), Oct. 11, 1996, 110 Stat. 3507.)
1996—Subsec. (c). Pub. L. 104–294 designated three undesignated pars. as pars. (1) to (3).
Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of Title 18, Crimes and Criminal Procedure.
(a)
(b)
(1)
(2)
(3)
(Added Pub. L. 105–314, title VII, §701(a), Oct. 30, 1998, 112 Stat. 2986.)
(a)
(1)
(2) FBI
(A)
(i) the whole or any part of any building or structure which is occupied under a lease or otherwise by the Federal Bureau of Investigation and is subject to supervision and control by the Federal Bureau of Investigation;
(ii) the land upon which there is situated any building or structure which is occupied wholly by the Federal Bureau of Investigation; and
(iii) any enclosed passageway connecting 2 or more buildings or structures occupied in whole or in part by the Federal Bureau of Investigation.
(B)
(3)
(b)
(1)
(2)
(3)
(4)
(A)
(i) police the FBI buildings and grounds for the purpose of protecting persons and property;
(ii) in the performance of duties necessary for carrying out subparagraph (A), make arrests and otherwise enforce the laws of the United States, including the laws of the District of Columbia;
(iii) carry firearms as may be required for the performance of duties;
(iv) prevent breaches of the peace and suppress affrays and unlawful assemblies; and
(v) hold the same powers as sheriffs and constables when policing FBI buildings and grounds.
(B)
(5)
(A)
(B)
(i) shall be established by regulation;
(ii) shall apply with respect to pay periods beginning after January 1, 2003; and
(iii) shall not result in any decrease in the rates of pay or benefits of any individual.
(c)
(Added Pub. L. 107–273, div. C, title I, §11024(a), Nov. 2, 2002, 116 Stat. 1830.)
Another section 540C, added Pub. L. 107–306, title VIII, §824(a), Nov. 27, 2002, 116 Stat. 2428, related to annual report on activities of Federal Bureau of Investigation personnel outside the United States. Pub. L. 108–177, title III, §361(i), (n), Dec. 13, 2003, 117 Stat. 2625, 2626, which, under the heading “Annual Report on Activities of FBI Personnel Outside the United States”, directed the repeal of section 540C of title 28, effective Dec. 31, 2003, was executed by repealing the section 540C added by Pub. L. 107–306, to reflect the probable intent of Congress.
For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.