US (United States) Code. Title 28. Part II: Department of Justice. Chapter 33: FBI (Federal Bureau of Investigation)

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Judiciary and judicial procedure

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-CITE-

28 USC CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION

-HEAD-

CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION

-MISC1-

Sec.

531. Federal Bureau of Investigation.

532. Director of the Federal Bureau of Investigation.

533. Investigative and other officials; appointment.

534. Acquisition, preservation, and exchange of

identification records and information; appointment

of officials.

535. Investigation of crimes involving Government officers

and employees; limitations.

536. Positions in excepted service.

537. Expenses of unforeseen emergencies of a confidential

character.

538. Investigation of aircraft piracy and related

violations.

539. Counterintelligence official reception and

representation expenses.

540. Investigation of felonious killings of State or local

law enforcement officers.

540A. Investigation of violent crimes against travelers.

540B. Investigation of serial killings.

540C.(!1) Annual report on activities of Federal Bureau of

Investigation personnel outside the United States.

540C.(!1) FBI police.

AMENDMENTS

2002 - Pub. L. 107-306, title VIII, Sec. 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, Sec. 4003(b)(7), (8), div. C,

title I, Sec. 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, Sec. 701(b), Oct. 30, 1998,

112 Stat. 2987, added item 540B.

1994 - Pub. L. 103-322, title XXXII, Sec. 320916(b), Sept. 13,

1994, 108 Stat. 2129, added item 540A.

Pub. L. 103-272, Sec. 4(e)(2), July 5, 1994, 108 Stat. 1361,

added item 538.

1988 - Pub. L. 100-690, title VII, Sec. 7331(b), Nov. 18, 1988,

102 Stat. 4468, added item 540.

1986 - Pub. L. 99-569, title IV, Sec. 401(b), Oct. 27, 1986, 100

Stat. 3195, added item 539.

1982 - Pub. L. 97-292, Sec. 3(b), Oct. 12, 1982, 96 Stat. 1260,

inserted "and information" after "identification records" in item

534.

1966 - Pub. L. 89-554, Sec. 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.

-FOOTNOTE-

(!1) So in original. Two sections 540C have been enacted.

-End-

-CITE-

28 USC Sec. 531 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION

-HEAD-

Sec. 531. Federal Bureau of Investigation

-STATUTE-

The Federal Bureau of Investigation is in the Department of

Justice.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 616.)

-MISC1-

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,

Sec. 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.

-TRANS-

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 sections

121(g)(1), 313(3), 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.

-MISC2-

MORGAN P. HARDIMAN CHILD ABDUCTION AND SERIAL MURDER INVESTIGATIVE

RESOURCES CENTER

Pub. L. 105-314, title VII, Sec. 703(a)-(f), Oct. 30, 1998, 112

Stat. 2987-2989, provided that:

"(a) Establishment. - Not later than 90 days after the date of

enactment of this Act [Oct. 30, 1998], the Attorney General shall

establish within the Federal Bureau of Investigation a Child

Abduction and Serial Murder Investigative Resources Center to be

known as the 'Morgan P. Hardiman Child Abduction and Serial Murder

Investigative Resources Center' (in this section referred to as the

'CASMIRC').

"(b) Purpose. - The CASMIRC shall be managed by the National

Center for the Analysis of Violent Crime of the Critical Incident

Response Group of the Federal Bureau of Investigation (in this

section referred to as the 'NCAVC'), and by multidisciplinary

resource teams in Federal Bureau of Investigation field offices, in

order to provide investigative support through the coordination and

provision of Federal law enforcement resources, training, and

application of other multidisciplinary expertise, to assist

Federal, State, and local authorities in matters involving child

abductions, mysterious disappearances of children, child homicide,

and serial murder across the country. The CASMIRC shall be

co-located with the NCAVC.

"(c) Duties of the CASMIRC. - The CASMIRC shall perform such

duties as the Attorney General determines appropriate to carry out

the purposes of the CASMIRC, including -

"(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) Appointment of Personnel to the CASMIRC. -

"(1) Selection of members of the casmirc and participating

state and local law enforcement personnel. - The Director of the

Federal Bureau of Investigation shall appoint the members of the

CASMIRC. The CASMIRC shall be staffed with Federal Bureau of

Investigation personnel and other necessary personnel selected

for their expertise that would enable them to assist in the

research, data collection, and analysis, and provision of

investigative support in child abduction, mysterious

disappearances of children, child homicide and serial murder

investigations. The Director may, with concurrence of the

appropriate State or local agency, also appoint State and local

law enforcement personnel to work with the CASMIRC.

"(2) Status. - Each member of the CASMIRC (and each individual

from any State or local law enforcement agency appointed to work

with the CASMIRC) shall remain as an employee of that member's or

individual's respective agency for all purposes (including the

purpose of performance review), and service with the CASMIRC

shall be without interruption or loss of civil service privilege

or status and shall be on a nonreimbursable basis, except if

appropriate to reimburse State and local law enforcement for

overtime costs for an individual appointed to work with the

resource team. Additionally, reimbursement of travel and per diem

expenses will occur for State and local law enforcement

participation in resident fellowship programs at the NCAVC when

offered.

"(3) Training. - CASMIRC personnel, under the guidance of the

Federal Bureau of Investigation's National Center for the

Analysis of Violent Crime and in consultation with the National

Center For Missing and Exploited Children, shall develop a

specialized course of instruction devoted to training members of

the CASMIRC consistent with the purpose of this section. The

CASMIRC shall also work with the National Center For Missing and

Exploited Children and the Office of Juvenile Justice and

Delinquency Prevention of the Department of Justice to develop a

course of instruction for State and local law enforcement

personnel to facilitate the dissemination of the most current

multidisciplinary expertise in the investigation of child

abductions, mysterious disappearances of children, child

homicides, and serial murder of children.

"(e) Report to Congress. - One year after the establishment of

the CASMIRC, the Attorney General shall submit to Congress a

report, which shall include -

"(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) Authorization of Appropriations. - There are authorized to

be appropriated to carry out this section such sums as may be

necessary for each of fiscal years 1999, 2000, and 2001."

[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.]

FEDERAL BUREAU OF INVESTIGATION FUNDING AUTHORIZATIONS

Pub. L. 104-132, title VIII, Sec. 811, Apr. 24, 1996, 110 Stat.

1312, as amended by Pub. L. 106-546, Sec. 6(a), Dec. 19, 2000, 114

Stat. 2733, provided that:

"(a) In General. - With funds made available pursuant to

subsection (c) -

"(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) State Grants. -

"(1) Authorization. - The Attorney General, in consultation

with the Director of the Federal Bureau of Investigation, may

make grants to each State eligible under paragraph (2) to be used

by the chief executive officer of the State, in conjunction with

units of local government, other States, or any combination

thereof, to carry out all or part of a program to establish,

develop, update, or upgrade -

"(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) Eligibility. - To be eligible to receive a grant under

this subsection, a State shall require that each person convicted

of a felony of a sexual nature shall provide to appropriate State

law enforcement officials, as designated by the chief executive

officer of the State, a sample of blood, saliva, or other

specimen necessary to conduct a DNA analysis consistent with the

standards established for DNA testing by the Director of the

Federal Bureau of Investigation.

"(3) Interstate compacts. - A State may enter into a compact or

compacts with another State or States to carry out this

subsection.

"(c) Authorization of Appropriations. -

"(1) In general. - There are authorized to be appropriated for

the activities of the Federal Bureau of Investigation, to help

meet the increased demands for activities to combat terrorism -

"(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) Availability of funds. - Funds made available pursuant to

paragraph (1), in any fiscal year, shall remain available until

expended.

"(3) Allocation. -

"(A) In general. - Of the total amount appropriated to carry

out subsection (b) in a fiscal year -

"(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) Definition. - For purposes of this paragraph, the term

'State' means any State of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,

American Samoa, Guam, and the Commonwealth of the Northern

Mariana Islands, except that for purposes of the allocation

under this subparagraph, American Samoa and the Commonwealth of

the Northern Mariana Islands shall be considered as one State

and that for these purposes, 67 percent of the amounts

allocated shall be allocated to American Samoa, and 33 percent

to the Commonwealth of the Northern Mariana Islands."

-End-

-CITE-

28 USC Sec. 532 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION

-HEAD-

Sec. 532. Director of the Federal Bureau of Investigation

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 616.)

-MISC1-

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, 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.

WEBSTER COMMISSION IMPLEMENTATION REPORT

Pub. L. 107-273, div. C, title I, Sec. 11023, Nov. 2, 2002, 116

Stat. 1830, provided that:

"(a) Implementation Plan. - Not later than 6 months after the

date of enactment of this Act [Nov. 2, 2002], the Director of the

Federal Bureau of Investigation shall submit to the appropriate

Committees of Congress a plan for implementation of the

recommendations of the Commission for Review of FBI Security

Programs, dated March 31, 2002, including the costs of such

implementation.

"(b) Annual Reports. - On the date that is 1 year after the

submission of the plan described in subsection (a), and for 2 years

thereafter, the Director of the Federal Bureau of Investigation

shall submit to the appropriate Committees of Congress a report on

the implementation of such plan.

"(c) Appropriate Committees of Congress. - For purposes of this

section, the term 'appropriate Committees of Congress' means -

"(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

Pub. L. 107-56, title II, Sec. 205, Oct. 26, 2001, 115 Stat. 281,

provided that:

"(a) Authority. - The Director of the Federal Bureau of

Investigation is authorized to expedite the employment of personnel

as translators to support counterterrorism investigations and

operations without regard to applicable Federal personnel

requirements and limitations.

"(b) Security Requirements. - The Director of the Federal Bureau

of Investigation shall establish such security requirements as are

necessary for the personnel employed as translators under

subsection (a).

"(c) Report. - The Attorney General shall report to the

Committees on the Judiciary of the House of Representatives and the

Senate on -

"(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

Pub. L. 102-183, title V, Sec. 501, Dec. 4, 1991, 105 Stat. 1268,

provided that:

"(a) Study. - The Director of the Federal Bureau of Investigation

shall conduct a study relative to the establishment of an

undergraduate training program with respect to employees of the

Federal Bureau of Investigation that is similar in purpose,

conditions, content, and administration to undergraduate training

programs administered by the Central Intelligence Agency (under

section 8 of the Central Intelligence Agency Act of 1949 (50 U.S.C.

403j)), the National Security Agency (under section 16 of the

National Security Agency Act of 1959 (50 U.S.C. 402 (note))[)], and

the Defense Intelligence Agency (under section 1608 [now 1623] of

title 10, United States Code).

"(b) Implementation. - Any program proposed under subsection (a)

may be implemented only after the Department of Justice and the

Office of Management and Budget review and approve the

implementation of such program.

"(c) Availability of Funds. - Any payment made by the Director of

the Federal Bureau of Investigation to carry out any program

proposed to be established under subsection (a) may be made in any

fiscal year only to the extent that appropriated funds are

available for that purpose."

CONFIRMATION AND COMPENSATION OF DIRECTOR; TERM OF SERVICE

Pub. L. 90-351, title VI, Sec. 1101, June 19, 1968, 82 Stat. 236,

as amended by Pub. L. 94-503, title II, Sec. 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."

-End-

-CITE-

28 USC Sec. 533 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION

-HEAD-

Sec. 533. Investigative and other officials; appointment

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 616;

amended Pub. L. 107-273, div. A, title II, Sec. 204(e), Nov. 2,

2002, 116 Stat. 1776.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 299, Aug. 31, 1964, Pub. L. 88-527,

300 (less Sec. 201 (1st 105 words of 1st

applicability par. under "Federal Bureau of

to acquisition Investigation", less

etc. of applicability to acquisition

identification etc. of identification and other

and other records), 78 Stat. 717.

records).

--------------------------------------------------------------------

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).

AMENDMENTS

2002 - Pars. (3), (4). Pub. L. 107-273 added par. (3) and

redesignated former par. (3) as (4).

FBI INVESTIGATIONS OF ESPIONAGE BY PERSONS EMPLOYED BY OR ASSIGNED

TO UNITED STATES DIPLOMATIC MISSIONS ABROAD

Pub. L. 101-193, title VI, Sec. 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."

UNDERCOVER INVESTIGATIVE OPERATIONS CONDUCTED BY FEDERAL BUREAU OF

INVESTIGATION OR DRUG ENFORCEMENT ADMINISTRATION; ANNUAL REPORT TO

CONGRESS; FINANCIAL AUDIT

Pub. L. 104-132, title VIII, Sec. 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, Sec. 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, Sec.

101(a), Jan. 6, 1996, 110 Stat. 11, as amended by Pub. L. 104-99,

title II, Sec. 211, Jan. 26, 1996, 110 Stat. 37, 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 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 Counsel for

Intelligence Policy). 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, Sec. 102(b)(4), (5), Oct. 28, 1991, 105

Stat. 793.

Pub. L. 101-515, title II, Sec. 202(b)(4), (5), Nov. 5, 1990, 104

Stat. 2118.

Pub. L. 101-162, title II, Sec. 204(b)(4), (5), Nov. 21, 1989,

103 Stat. 1004.

Pub. L. 100-459, title II, Sec. 204(b)(4), (5), Oct. 1, 1988, 102

Stat. 2200, 2201, as amended by Pub. L. 101-650, title III, Sec.

325(c)(2), Dec. 1, 1990, 104 Stat. 5121.

Pub. L. 100-202, Sec. 101(a) [title II, Sec. 204(b)(4), (5)],

Dec. 22, 1987, 101 Stat. 1329, 1329-16.

Pub. L. 99-500, Sec. 101(b) [title II, Sec. 204(b)(4), (5)], Oct.

18, 1986, 100 Stat. 1783-39, 1783-52, 1783-53, and Pub. L. 99-591,

Sec. 101(b) [title II, Sec. 204(b)(4), (5)], Oct. 30, 1986, 100

Stat. 3341-39, 3341-52, 3341-53.

Pub. L. 99-180, title II, Sec. 204(b)(4), (5), Dec. 13, 1985, 99

Stat. 1148.

Pub. L. 98-411, title II, Sec. 203(b)(4), (5), Aug. 30, 1984, 98

Stat. 1560.

Pub. L. 98-166, title II, Sec. 205(b)(4), (5), Nov. 28, 1983, 97

Stat. 1087.

Pub. L. 96-132, Sec. 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]."

-FOOTNOTE-

(!1) So in original. The word "and" probably should not appear.

(!2) So in original. The period probably should be "; and".

-End-

-CITE-

28 USC Sec. 534 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION

-HEAD-

Sec. 534. Acquisition, preservation, and exchange of identification

records and information; appointment of officials

-STATUTE-

(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) 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.

(e)(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 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.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 616;

amended Pub. L. 97-292, Secs. 2, 3(a), Oct. 12, 1982, 96 Stat.

1259; Pub. L. 100-690, title VII, Sec. 7333, Nov. 18, 1988, 102

Stat. 4469; Pub. L. 103-322, title IV, Sec. 40601(a), Sept. 13,

1994, 108 Stat. 1950; Pub. L. 107-273, div. A, title II, Sec.

204(c), div. B, title IV, Sec. 4003(b)(4), div. C, title I, Sec.

11004, Nov. 2, 2002, 116 Stat. 1776, 1811, 1816.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 300 Aug. 31, 1964, Pub. L. 88-527,

(as applicable Sec. 201 (1st 105 words of 1st

to acquisition par. under "Federal Bureau of

etc. of Investigation", as applicable to

identification acquisition etc. of

and other identification and other

records). 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, Sec. 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.

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-273, Secs. 204(c) and

4003(b)(4), amended par. (3) identically, inserting "and" at end.

Subsec. (a)(4). Pub. L. 107-273, Sec. 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, Sec. 3(a), inserted "and information"

after "identification records" in section catchline.

Subsec. (a). Pub. L. 97-292, Sec. 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, Sec. 2(b), substituted "exchange of

records and information authorized by subsection (a)(4)" for

"exchange of records authorized by subsection (a)(2)".

CRIMINAL BACKGROUND CHECKS FOR APPLICANTS FOR EMPLOYMENT IN NURSING

FACILITIES AND HOME HEALTH CARE AGENCIES

Pub. L. 105-277, div. A, Sec. 101(b) [title I, Sec. 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."

COMPILATION OF STATISTICS RELATING TO INTIMIDATION OF GOVERNMENT

EMPLOYEES

Pub. L. 104-132, title VIII, Sec. 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, Sec. 311(a), Nov. 2, 2002, 116 Stat. 1786.

RULEMAKING RELATING TO ACCESS TO FEDERAL CRIMINAL INFORMATION

DATABASES

Section 40601(b) of Pub. L. 103-322 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."

NATIONAL CRIME INFORMATION CENTER PROJECT 2000

Pub. L. 101-647, title VI, subtitle B, Nov. 29, 1990, 104 Stat.

4823, provided that:

"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

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, Sec. 101(a), Jan. 6,

1996, 110 Stat. 11, as amended by Pub. L. 104-99, title II, Sec.

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".

HATE CRIME STATISTICS

Pub. L. 101-275, Apr. 23, 1990, 104 Stat. 140, as amended by Pub.

L. 103-322, title XXXII, Sec. 320926, Sept. 13, 1994, 108 Stat.

2131; Pub. L. 104-155, Sec. 7, July 3, 1996, 110 Stat. 1394,

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, 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.

"(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.

"Sec. 2. (a) Congress finds that -

"(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."

UNIFORM FEDERAL CRIME REPORTING ACT OF 1988

Section 7332 of Pub. L. 100-690 provided that:

"(a) Short Title. - This section may be cited as the 'Uniform

Federal Crime Reporting Act of 1988'.

"(b) Definitions. - For purposes of this section, the term

'Uniform Crime Reports' means the reports authorized under section

534 of title 28, United States Code, and administered by the

Federal Bureau of Investigation which compiles nationwide criminal

statistics for use in law enforcement administration, operation,

and management and to assess the nature and type of crime in the

United States.

"(c) Establishment of System. -

"(1) In general. - The Attorney General shall acquire, collect,

classify, and preserve national data on Federal criminal offenses

as part of the Uniform Crime Reports.

"(2) Reporting by federal agencies. - All departments and

agencies within the Federal government (including the Department

of Defense) which routinely investigate complaints of criminal

activity, shall report details about crime within their

respective jurisdiction to the Attorney General in a uniform

manner and on a form prescribed by the Attorney General. The

reporting required by this subsection shall be limited to the

reporting of those crimes comprising the Uniform Crime Reports.

"(3) Distribution of data. - The Attorney General shall

distribute data received pursuant to paragraph (2), in the form

of annual Uniform Crime Reports for the United States, to the

President, Members of the Congress, State governments, and

officials of localities and penal and other institutions

participating in the Uniform Crime Reports program.

"(d) Role of Federal Bureau of Investigation. - The Attorney

General may designate the Federal Bureau of Investigation as the

lead agency for purposes of performing the functions authorized by

this section and may appoint or establish such advisory and

oversight boards as may be necessary to assist the Bureau in

ensuring uniformity, quality, and maximum use of the data

collected.

"(e) Inclusion of Offenses Involving Illegal Drugs. - The

Director of the Federal Bureau of Investigation is authorized to

classify offenses involving illegal drugs and drug trafficking as a

part I crime in the Uniform Crime Reports.

"(f) Authorization of Appropriations. - There are authorized to

be appropriated $350,000 for fiscal year 1989 and such sums as may

be necessary to carry out the provisions of this section after

fiscal year 1989.

"(g) Effective Date. - The provisions of this section shall be

effective on January 1, 1989."

FAMILY AND DOMESTIC VIOLENCE; DATA COLLECTION AND REPORTING

Section 7609 of Pub. L. 100-690 provided that:

"(a) Family Violence Reporting. - Under the authority of section

534 of title 28, United States Code, the Attorney General shall

require, and include in uniform crime reports, data that indicate -

"(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) National Crime Survey. - The Director of the Bureau of

Justice Statistics, through the annual National Crime Survey, shall

collect and publish data that more accurately measures the extent

of domestic violence in America, especially the physical and sexual

abuse of children and the elderly.

"(c) Authorization of Appropriations. - There are authorized to

be appropriated in fiscal years 1989, 1990, 1991, and 1992, such

sums as are necessary to carry out the purposes of this section."

PARIMUTUEL LICENSING SIMPLIFICATION

Pub. L. 100-413, Aug. 22, 1988, 102 Stat. 1101, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Parimutuel Licensing

Simplification Act of 1988'.

"SEC. 2. SUBMISSION BY ASSOCIATION OF STATE REGULATORY OFFICIALS.

"(a) In General. - An association of State officials regulating

parimutuel wagering, designated for the purpose of this section by

the Attorney General, may submit fingerprints to the Attorney

General on behalf of any applicant for State license to participate

in parimutuel wagering. In response to such a submission, the

Attorney General may, to the extent provided by law, exchange, for

licensing and employment purposes, identification and criminal

history records with the State governmental bodies to which such

applicant has applied.

"(b) Definition. - As used in this section, the term 'State'

means a State of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, or any territory or possession of the

United States.

"SEC. 3. EFFECTIVE DATE.

"This Act shall take effect on July 1, 1989."

FUNDS FOR EXCHANGE OF IDENTIFICATION RECORDS

Pub. L. 92-544, title II, Sec. 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."

-End-

-CITE-

28 USC Sec. 535 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION

-HEAD-

Sec. 535. Investigation of crimes involving Government officers and

employees; limitations

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 616;

amended Pub. L. 107-273, div. A, title II, Sec. 206, Nov. 2, 2002,

116 Stat. 1779.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 311a. Aug. 31, 1954, ch. 1143, Sec. 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.

AMENDMENTS

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,".

-TRANS-

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 Pub. L. 91-375, Sec.

4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section

201 of Title 39, Postal Service.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 section 403q.

-End-

-CITE-

28 USC Sec. 536 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION

-HEAD-

Sec. 536. Positions in excepted service

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 617.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 300d. Aug. 31, 1964, Pub. L. 88-527,

Sec. 201 (2nd par. under

"Federal Bureau of

Investigation"), 78 Stat. 718.

5 U.S.C. 341c July 28, 1950, ch. 503, Sec. 5

(last sentence). (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.

-End-

-CITE-

28 USC Sec. 537 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION

-HEAD-

Sec. 537. Expenses of unforeseen emergencies of a confidential

character

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 617.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

--------------------------------------------------------------------

5 U.S.C. 341c July 28, 1950, ch. 503, Sec. 5

(less last (less last sentence), 64 Stat.

sentence). 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".

-End-

-CITE-

28 USC Sec. 538 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION

-HEAD-

Sec. 538. Investigation of aircraft piracy and related violations

-STATUTE-

The Federal Bureau of Investigation shall investigate any

violation of section 46314 or chapter 465 of title 49.

-SOURCE-

(Added Pub. L. 103-272, Sec. 4(e)(1), July 5, 1994, 108 Stat.

1361.)

-End-

-CITE-

28 USC Sec. 539 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION

-HEAD-

Sec. 539. Counterintelligence official reception and representation

expenses

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 99-569, title IV, Sec. 401(a), Oct. 27, 1986, 100

Stat. 3195.)

-End-

-CITE-

28 USC Sec. 540 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION

-HEAD-

Sec. 540. Investigation of felonious killings of State or local law

enforcement officers

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 100-690, title VII, Sec. 7331(a), Nov. 18, 1988, 102

Stat. 4468.)

-End-

-CITE-

28 USC Sec. 540A 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION

-HEAD-

Sec. 540A. Investigation of violent crimes against travelers

-STATUTE-

(a) In General. - At the request of an appropriate law

enforcement official of a State or political subdivision, the

Attorney General and Director of the Federal Bureau of

Investigation may assist in the investigation of a felony crime of

violence in violation of the law of any State in which the victim

appears to have been selected because he or she is a traveler.

(b) Foreign Travelers. - In a case in which the traveler who is a

victim of a crime described in subsection (a) is from a foreign

nation, the Attorney General and Director of the Federal Bureau of

Investigation, and, when appropriate, the Secretary of State shall

assist the prosecuting and law enforcement officials of a State or

political subdivision to the fullest extent possible in securing

from abroad such evidence or other information as may be needed for

the effective investigation and prosecution of the crime.

(c) Definitions. - In this section -

(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.

-SOURCE-

(Added Pub. L. 103-322, title XXXII, Sec. 320916(a), Sept. 13,

1994, 108 Stat. 2129; amended Pub. L. 104-294, title VI, Sec.

604(b)(21), Oct. 11, 1996, 110 Stat. 3507.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-294 designated three undesignated

pars. as pars. (1) to (3).

EFFECTIVE DATE OF 1996 AMENDMENT

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.

-End-

-CITE-

28 USC Sec. 540B 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION

-HEAD-

Sec. 540B. Investigation of serial killings

-STATUTE-

(a) In General. - The Attorney General and the Director of the

Federal Bureau of Investigation may investigate serial killings in

violation of the laws of a State or political subdivision, if such

investigation is requested by the head of a law enforcement agency

with investigative or prosecutorial jurisdiction over the offense.

(b) Definitions. - In this section:

(1) Killing. - The term "killing" means conduct that would

constitute an offense under section 1111 of title 18, United

States Code, if Federal jurisdiction existed.

(2) Serial killings. - The term "serial killings" means a

series of three or more killings, not less than one of which was

committed within the United States, having common characteristics

such as to suggest the reasonable possibility that the crimes

were committed by the same actor or actors.

(3) State. - The term "State" means a State of the United

States, the District of Columbia, and any commonwealth,

territory, or possession of the United States.

-SOURCE-

(Added Pub. L. 105-314, title VII, Sec. 701(a), Oct. 30, 1998, 112

Stat. 2986.)

-End-

-CITE-

28 USC Sec. 540C 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION

-HEAD-

Sec. 540C.(!1) FBI police

-STATUTE-

-STATUTE-

(a) Definitions. - In this section:

(1) Director. - The term "Director" means the Director of the

Federal Bureau of Investigation.

(2) FBI buildings and grounds. -

(A) In general. - The term "FBI buildings and grounds" means

-

(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) Inclusion. - The term "FBI buildings and grounds"

includes adjacent streets and sidewalks not to exceed 500 feet

from such property.

(3) FBI police. - The term "FBI police" means the permanent

police force established under subsection (b).

(b) Establishment of FBI Police; Duties. -

(1) In general. - Subject to the supervision of the Attorney

General, the Director may establish a permanent police force, to

be known as the FBI police.

(2) Duties. - The FBI police shall perform such duties as the

Director may prescribe in connection with the protection of

persons and property within FBI buildings and grounds.

(3) Uniformed representative. - The Director, or designated

representative duly authorized by the Attorney General, may

appoint uniformed representatives of the Federal Bureau of

Investigation as FBI police for duty in connection with the

policing of all FBI buildings and grounds.

(4) Authority. -

(A) In general. - In accordance with regulations prescribed

by the Director and approved by the Attorney General, the FBI

police may -

(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) Exception. - The authority and policing powers of FBI

police under this paragraph shall not include the service of

civil process.

(5) Pay and benefits. -

(A) In general. - The rates of basic pay, salary schedule,

pay provisions, and benefits for members of the FBI police

shall be equivalent to the rates of basic pay, salary schedule,

pay provisions, and benefits applicable to members of the

United States Secret Service Uniformed Division.

(B) Application. - Pay and benefits for the FBI police under

subparagraph (A) -

(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) Authority of Metropolitan Police Force. - This section does

not affect the authority of the Metropolitan Police Force of the

District of Columbia with respect to FBI buildings and grounds.

-SOURCE-

(Added Pub. L. 107-273, div. C, title I, Sec. 11024(a), Nov. 2,

2002, 116 Stat. 1830.)

-TRANS-

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

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.

-FOOTNOTE-

(!1) Another section 540C is set out after this section.

-End-

-CITE-

28 USC Sec. 540C 01/06/03

-EXPCITE-

TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE

PART II - DEPARTMENT OF JUSTICE

CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION

-HEAD-

Sec. 540C.(!1) Annual report on activities of Federal Bureau of

Investigation personnel outside the United States

-STATUTE-

-STATUTE-

(a) The Director of the Federal Bureau of Investigation shall

submit to the appropriate committees of Congress each year a report

on the activities of personnel of the Federal Bureau of

Investigation outside the United States.

(b) The report under subsection (a) shall include the following:

(1) For the year preceding the year in which the report is

required to be submitted -

(A) the number of personnel of the Bureau posted or detailed

outside the United States during the year;

(B) a description of the coordination of the investigations,

asset handling, liaison, and operational activities of the

Bureau during the year with other elements of the intelligence

community; and

(C) a description of the extent to which information derived

from activities described in subparagraph (B) was shared with

other elements of the intelligence community.

(2) For the year in which the report is required to be

submitted -

(A) a description of the plans, if any, of the Director -

(i) to modify the number of personnel of the Bureau posted

or detailed outside the United States; or

(ii) to modify the scope of the activities of personnel of

the Bureau posted or detailed outside the United States; and

(B) a description of the manner and extent to which

information derived from activities of the Bureau described in

paragraph (1)(B) during the year will be shared with other

elements of the intelligence community.

(c) The date of the submittal each year of the report required by

subsection (a) shall be the date provided in section 507 of the

National Security Act of 1947.

(d) In this section, the term "appropriate committees of

Congress" means -

(1) the Committees on the Judiciary of the Senate and House of

Representatives; and

(2) the congressional intelligence committees (as defined in

section 3 of the National Security Act of 1947 (50 U.S.C. 401a)).

-SOURCE-

(Added Pub. L. 107-306, title VIII, Sec. 824(a), Nov. 27, 2002, 116

Stat. 2428.)

-REFTEXT-

REFERENCES IN TEXT

Section 507 of the National Security Act of 1947, referred to in

subsec. (c), is classified to section 415b of Title 50, War and

National Defense.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 50 section 415b.

-FOOTNOTE-

(!1) Another section 540C is set out preceding this section.

-End-