CHAPTER 33 —FEDERAL BUREAU OF INVESTIGATION
Editorial Notes
Amendments
2023—
2003—
2002—
1998—
1994—
1988—
1986—
1982—
1966—
§531. Federal Bureau of Investigation
The Federal Bureau of Investigation is in the Department of Justice.
(Added
Historical and Revision Notes
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"),
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,
Statutory Notes and Related Subsidiaries
Transfer of Functions
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
Forced Labor Requirements: Department of Justice
"(1)
"(2)
Enterprise Architecture
"(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)
Report to Congress
Morgan P. Hardiman Child Abduction and Serial Murder Investigative Resources Center
Federal Bureau of Investigation Funding Authorizations
"(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 [
"(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 [
"(C) members of the Armed Forces convicted of a qualifying military offense, as determined under
"(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)
§532. Director of the Federal Bureau of Investigation
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
Historical and Revision Notes
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,
Statutory Notes and Related Subsidiaries
Limitation on Procurement by Federal Bureau of Investigation of People's Republic of China Products and Services
"(a)
"(1) the Federal Bureau of Investigation conducts a security assessment of such product or service, including with respect to any physical, counterintelligence, or cyber vulnerabilities;
"(2) there is included in the process of conducting such security assessment a formal mechanism through which input shall be submitted by the Counterintelligence Division and Cyber Division of the Federal Bureau of Investigation regarding such security assessment, including with respect to any such vulnerabilities; and
"(3) the Director (or a designee of the Director) approves a recommendation, based on the results of such security assessment, to procure such product or service.
"(b)
"(c)
"(1)
"(A) the congressional intelligence committees; and
"(B) the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the House of Representatives and the Senate.
"(2)
[For definition of "congressional intelligence committees" as used in section 414 of div. X of
Counterintelligence Units at Non-Intelligence Community Federal Departments and Agencies
Findings
"(1) on May 12, 2011, the President requested that Congress extend the term of Robert S. Mueller III as Director of the Federal Bureau of Investigation by 2 years, citing the critical need for continuity and stability at the Federal Bureau of Investigation in the face of ongoing threats to the United States and leadership transitions at the Federal agencies charged with protecting national security;
"(2) in light of the May 1, 2011, successful operation against Osama bin Laden, the continuing threat to national security, and the approaching 10th anniversary of the attacks of September 11, 2001, the President's request for a limited, 1-time exception to the term limit of the Director of the Federal Bureau of Investigation, in these exceptional circumstances, is appropriate; and
"(3) this Act [amending provisions set out as a note under this section] is intended to provide a 1-time exception to the 10-year statutory limit on the term of the Director of the Federal Bureau of Investigation in light of the President's request and existing exceptional circumstances, and is not intended to create a precedent."
Improvement of Intelligence Capabilities; Directorate of Intelligence; Intelligence Career Service
"SEC. 2001. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE FEDERAL BUREAU OF INVESTIGATION.
"(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 Director of National Intelligence in a manner consistent with applicable law.
"(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 on the progress of the Bureau in implementing information-sharing principles.
"SEC. 2002. DIRECTORATE OF INTELLIGENCE OF THE FEDERAL BUREAU OF INVESTIGATION.
"(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 ([former] 50 U.S.C. 403–5b) [now
"(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)
"SEC. 2003. FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE CAREER SERVICE.
"(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
"(B) fix the rate of basic pay for such positions, without regard to subchapter III of
"(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 Accountability], and the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives."
Webster Commission Implementation Report
"(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."
Employment of Translators by the Federal Bureau of Investigation
"(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."
FBI Critical Skills Scholarship Program
"(a)
"(b)
"(c)
Confirmation and Compensation of Director; Term of Service
"(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 [
"(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
"(c)(1) Effective on the date of enactment of this subsection [July 26, 2011], a new term of service for the office of Director of the Federal Bureau of Investigation shall be created, which shall begin on or after August 3, 2011, and continue until September 4, 2013. Notwithstanding the second sentence of subsection (b) of this section, the incumbent Director of the Federal Bureau of Investigation on the date of enactment of this subsection shall be eligible to be appointed to the new term of service provided for by this subsection, by and with the advice and consent of the Senate, and only for that new term of service. Nothing in this subsection shall prevent the President, by and with the advice of the Senate, from appointing an individual, other than the incumbent Director of the Federal Bureau of Investigation, to a 10-year term of service subject to the provisions of subsection (b) after the date of enactment of this subsection.
"(2) The individual who is the incumbent in the office of the Director of the Federal Bureau of Investigation on the date of enactment of this subsection may not serve as Director after September 4, 2013.
"(3) With regard to the individual who is the incumbent in the office of the Director of the Federal Bureau of Investigation on the date of enactment of this subsection, the second sentence of subsection (b) shall not apply."
§533. Investigative and other officials; appointment
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
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 31, 1964, |
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
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
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 (
Editorial Notes
Amendments
2002—Pars. (3), (4).
Statutory Notes and Related Subsidiaries
FBI Investigations of Espionage by Persons Employed by or Assigned to United States Diplomatic Missions Abroad
Undercover Investigative Operations Conducted by Federal Bureau of Investigation or Drug Enforcement Administration; Annual Report to Congress; Financial Audit
Similar provisions were contained in the following prior appropriation acts:
"(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
"(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
"(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
"(D) proceeds from such undercover operation may be used to offset necessary and reasonable expenses incurred in such operation, without regard to
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 a designee of the Director who is in a position not lower than Deputy Assistant Director in the National Security Branch or a similar successor position) and the Attorney General (or a designee of the Attorney General who is in the National Security Division in a position not lower than Deputy Assistant Attorney General or a similar successor position). 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
"(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
"(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
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:
"(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 (
1 So in original. The word "and" probably should not appear.
2 So in original. The period probably should be "; and".
§534. Acquisition, preservation, and exchange of identification records and information; appointment of officials
(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);
(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, including State sentencing commissions, Indian tribes, cities, and penal and other institutions; and
(5) provide a person licensed as an importer, manufacturer, or dealer of firearms under
(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, except for dissemination authorized under subsection (a)(5) of this section.
(c) The Attorney General may appoint officials to perform the functions authorized by this section.
(d)
(1)
(A) to access and enter information into Federal criminal information databases; and
(B) to obtain information from the databases.
(2)
(A)
(B)
(3)
(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, tribal, 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
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 31, 1964, |
||
| June 11, 1930, ch. 455, |
The sections are combined and reorganized for clarity. Former
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
In subsection (c), the authority to appoint officials for the cited purposes is implied.
Editorial Notes
Amendments
2022—Subsec. (a)(5).
Subsec. (b).
Subsec. (d).
2011—Subsec. (a)(4).
2010—Subsec. (a)(4).
Subsec. (d).
Subsec. (e).
Subsec. (f)(2).
2006—Subsec. (d).
Subsec. (e).
Subsec. (e)(3)(B).
Subsec. (f).
2002—Subsec. (a)(3).
Subsec. (a)(4).
1994—Subsec. (e).
1988—Subsec. (d).
1982—
Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Amendment by
Regulations
Statutory Construction; Evidence
"(A)
"(i) to create a cause of action against any person licensed as an importer, manufacturer, or dealer of firearms under
"(ii) to establish any standard of care.
"(B)
Nothing in amendment made by
Improving Department of Justice Data Collection on Mental Illness Involved in Crime
Access to National Crime Information Databases
Additional Reporting on Crime
Tribal Registry
National Gang Intelligence Center
Reviews of Criminal Records of Applicants for Private Security Officer Employment
Criminal Background Checks for Applicants for Employment in Nursing Facilities and Home Health Care Agencies
Compilation of Statistics Relating to Intimidation of Government Employees
National Crime Information Center Project 2000
"SEC. 611. SHORT TITLE.
"This section [subtitle] may be cited as the 'National Law Enforcement Cooperation Act of 1990'.
"SEC. 612. FINDINGS.
"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.
"SEC. 613. AUTHORIZATION OF APPROPRIATIONS.
"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.
"SEC. 614. REPORT.
"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."
FBI Fees To Process Fingerprint Identification Records and Name Checks
Hate Crime Statistics
Uniform Federal Crime Reporting Act of 1988
Family and Domestic Violence; Data Collection and Reporting
Parimutuel Licensing Simplification
Funds for Exchange of Identification Records
§535. Investigation of crimes involving Government officers and employees; limitations
(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 (
(2) the primary authority of the Postmaster General to investigate postal offenses.
(Added
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 31, 1954, ch. 1143, §1, |
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 "(
Editorial Notes
Amendments
2002—Subsec. (a).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Transfer of Functions
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
§536. Positions in excepted 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
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 31, 1964, |
||
| July 28, 1950, ch. 503, §5 (last sentence), |
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
The provisions of this section were made permanent by the Act of July 28, 1950,
§537. Expenses of unforeseen emergencies of a confidential character
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
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| July 28, 1950, ch. 503, §5 (less last sentence), |
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,
§538. Investigation of aircraft piracy and related violations
The Federal Bureau of Investigation shall investigate any violation of section 46314 or
(Added
§539. Counterintelligence official reception and representation expenses
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
§540. Investigation of felonious killings of State or local law enforcement officers
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
§540A. Investigation of violent crimes against travelers
(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
Editorial Notes
Amendments
1996—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Amendment by
§540B. Investigation of serial killings
(a)
(b)
(1)
(2)
(3)
(Added
§540C. FBI police
(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
Editorial Notes
Prior Provisions
Another section 540C, added
Statutory Notes and Related Subsidiaries
Transfer of Functions
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
§540D. Multidisciplinary teams
(a)
(1) the term "child sexual abuse material" means a visual depiction described in
(2) the term "covered investigation" means any investigation of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation;
(3) the term "Director" means the Director of the Federal Bureau of Investigation;
(4) the term "multidisciplinary team" means a multidisciplinary team established or used under subsection (b)(2);
(5) the term "relevant children's advocacy center personnel" means children's advocacy center staff that regularly participate in multidisciplinary child support settings, including the director of the children's advocacy center, the coordinator of a multidisciplinary team, forensic interviewers, victim advocates, forensic medical evaluators, physicians, sexual assault nurse examiners, and mental health clinicians; and
(6) the term "victim advocate" means a person, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of a victim services program.
(b)
(1)
(A) use a multidisciplinary team; and
(B) in accordance with paragraph (3), use—
(i) a trained Federal Bureau of Investigation child adolescent forensic interviewer; or
(ii) in the absence of a trained Federal Bureau of Investigation child adolescent forensic interviewer, a trained forensic interviewer at a children's advocacy center.
(2)
(3)
(A) may work with children's advocacy centers to implement a multidisciplinary team approaches 1 for purposes of covered investigations; and
(B) shall allow, facilitate, and encourage multidisciplinary teams to collaborate with a children's advocacy center with regard to availability, provision, and use of services to and by victims and families that are participants in or affected by the actions at issue in a covered investigation.
(4)
(A) without the use of—
(i) a multidisciplinary approach;
(ii) a trained forensic interviewer; or
(iii) either the use of a multidisciplinary approach or a trained forensic interviewer; and
(B) for each interview identified under subparagraph (A), describing the exigent circumstances that existed with respect to the interview, in accordance with paragraph (1).
(5)
(A) under which—
(i) the children's advocacy services of the national organization are made available to field offices of the Federal Bureau of Investigation in the United States; and
(ii) special agents and other employees of the Federal Bureau of Investigation are made aware of the existence of such memoranda and its purposes; and
(B) which shall reflect a trauma-informed, victim-centered approach and provide for case review.
(c)
(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation.
(2) To provide for and enhance collaborative efforts among the members of a multidisciplinary team, when such a team is used, and other appropriate personnel regarding a covered investigation.
(3) To enhance the social services available to victims in connection with a covered investigation, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with a covered investigation.
(4) To carry out other duties regarding the response to investigations of child sexual abuse or trafficking.
(d)
(1)
(A) Appropriate investigative personnel.
(B) Appropriate mental health professionals.
(C) Appropriate medical personnel.
(D) Victim advocates or victim specialists.
(E) Relevant children's advocacy center personnel, with respect to covered investigations in which the children's advocacy center or personnel of the children's advocacy center were used in the course of the covered investigation.
(F) Prosecutors, as appropriate.
(2)
(A)
(B)
(e)
(1)
(A)
(B)
(i) case outcome of forensic interviews;
(ii) medical evaluation outcomes;
(iii) mental health treatment referrals and treatment completion;
(iv) safety planning and child protection issues;
(v) victim service needs and referrals addressed by the victim advocate;
(vi) case disposition;
(vii) case outcomes; and
(viii) any other information required for a children's advocacy centers 1 as a part of the standards of practice of the children's advocacy center; and
(C)
(i) classified information;
(ii) the identity of confidential informants; or
(iii) other investigative information not included as a part of the standards of practice of the children's advocacy center.
(2)
(3)
(A)
(B)
(f)
(g)
(1) share information about case progress;
(2) address any investigative or prosecutorial barriers; and
(3) ensure that victims receive support and needed treatment.
(h)
(i)
(1)
(2)
(Added