28 U.S.C. § 531 — Federal Bureau of Investigation

Page 214 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 531 ‘‘(i) all policies of which the Attorney General and applicable official are aware described in subsection (a)(1)(A) of such section that were established or im- plemented before the date of the enactment of this Act and were in effect on such date; and ‘‘(ii) all determinations of which the Attorney Gen- eral and applicable official are aware described in subsection (a)(1)(B) of such section that were made before the date of the enactment of this Act and were in effect on such date. ‘‘(B) If a determination described in subparagraph (A)(ii) relates to any judicial, administrative, or other proceeding that is pending in the 90-day period begin- ning on the date of the enactment of this Act [Nov. 2, 2002], with respect to any such determination, then the report required by this paragraph shall be submitted within such time as will reasonably enable the House of Representatives and the Senate to take action, sepa- rately or jointly, to intervene in timely fashion in the proceeding, but not later than 30 days after the date of the enactment of this Act.’’ CHAPTER 33—FEDERAL BUREAU OF INVESTIGATION Sec. 531. Federal Bureau of Investigation. 532. Director of the Federal Bureau of Investiga- tion. 533. Investigative and other officials; appoint- ment. 534. Acquisition, preservation, and exchange of identification records and information; ap- pointment of officials. 535. Investigation of crimes involving Govern- ment officers and employees; limitations. 536. Positions in excepted service. 537. Expenses of unforeseen emergencies of a con- fidential 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 trav- elers. 540B. Investigation of serial killings. 540C. FBI police. 540D. Multidisciplinary teams. Editorial Notes AMENDMENTS 2023—Pub. L. 117–354, § 2(b), Jan. 5, 2023, 136 Stat. 6274, added item 540D. 2003—Pub. L. 108–177, title III, § 361(m)(2), Dec. 13, 2003, 117 Stat. 2626, which directed amendment of table of sections by striking the item relating to section 540C, was executed by striking out item 540C relating to an- nual report on activities of Federal Bureau of Inves- tigation personnel outside the United States to reflect the probable intent of Congress, because corresponding section was repealed. 2002—Pub. L. 107–306, title VIII, § 824(b), Nov. 27, 2002, 116 Stat. 2429, added item 540C relating to annual report on activities of Federal Bureau of Investigation per- sonnel outside the United States. Pub. L. 107–273, div. B, title IV, § 4003(b)(7), (8), div. C, title I, § 11024(b), Nov. 2, 2002, 116 Stat. 1812, 1831, in- serted ‘‘the’’ after ‘‘of’’ in item 532, substituted ‘‘char- acter’’ for ‘‘nature’’ in item 537, and added item 540C re- lating to FBI police. 1998—Pub. L. 105–314, title VII, § 701(b), Oct. 30, 1998, 112 Stat. 2987, added item 540B. 1994—Pub. L. 103–322, title XXXII, § 320916(b), Sept. 13, 1994, 108 Stat. 2129, added item 540A. Pub. L. 103–272, § 4(e)(2), July 5, 1994, 108 Stat. 1361, added item 538. 1988—Pub. L. 100–690, title VII, § 7331(b), Nov. 18, 1988, 102 Stat. 4468, added item 540. 1986—Pub. L. 99–569, title IV, § 401(b), Oct. 27, 1986, 100 Stat. 3195, added item 539. 1982—Pub. L. 97–292, § 3(b), Oct. 12, 1982, 96 Stat. 1260, inserted ‘‘and information’’ after ‘‘identification records’’ in item 534. 1966—Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 616, substituted ‘‘FEDERAL BUREAU OF INVESTIGA- TION’’ for ‘‘UNITED STATES MARSHALS’’ in chapter heading, added items 531 to 537, and struck out items 541 to 556. § 531. Federal Bureau of Investigation The Federal Bureau of Investigation is in the Department of Justice. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 616.) HISTORICAL AND REVISION NOTES The section is supplied for convenience and clarifica- tion. 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 In- vestigation were first obtained through the Depart- ment of Justice Appropriation Act of May 22, 1908, ch. 186, § 1 (par. beginning ‘‘From the appropriations for the prosecution of crimes’’), 35 Stat. 236, although that statutory provision makes no express mention of the Bureau or of the investigative function. Section 3 of Executive Order No. 6166 of June 10, 1933, specifically recognized the Bureau of Investigation in the Department of Justice and provided that all that Bureau’s functions together with the investigative functions of the Bureau of Prohibition were ‘‘trans- ferred to and consolidated in a Division of Investiga- tion 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. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the Federal Bureau of Investigation, includ- ing the functions of the Attorney General relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(3) and sections 121(g)(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. FORCED LABOR REQUIREMENTS: DEPARTMENT OF JUSTICE Pub. L. 117–347, title IV, § 406(a), Jan. 5, 2023, 136 Stat. 6209, provided that: ‘‘(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act [Jan. 5, 2023], the Attor- ney General shall establish a team of not less than 10 agents within the Federal Bureau of Investigation to be assigned to exclusively investigate labor trafficking. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out paragraph (1) $2,000,000 for each of fiscal years 2022 to 2027, to re- main available until expended.’’ ENTERPRISE ARCHITECTURE Pub. L. 108–458, title VIII, § 8402, Dec. 17, 2004, 118 Stat. 3869, provided that: ‘‘(a) ENTERPRISE ARCHITECTURE DEFINED.—In this sec- tion, the term ‘enterprise architecture’ means a de- Page 215 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 531 tailed outline or blueprint of the information tech- nology of the Federal Bureau of Investigation that will satisfy the ongoing mission and goals of the Federal Bureau of Investigation and that sets forth specific and identifiable benchmarks. ‘‘(b) ENTERPRISE ARCHITECTURE.—The Federal Bureau of Investigation shall— ‘‘(1) continually maintain and update an enterprise architecture; and ‘‘(2) maintain a state of the art and up to date in- formation technology infrastructure that is in com- pliance with the enterprise architecture of the Fed- eral Bureau of Investigation. ‘‘(c) REPORT.—Subject to subsection (d), the Director of the Federal Bureau of Investigation shall, on an an- nual basis, submit to the Committees on the Judiciary of the Senate and House of Representatives a report on whether the major information technology investments of the Federal Bureau of Investigation are in compli- ance with the enterprise architecture of the Federal Bureau of Investigation and identify any inability or expectation of inability to meet the terms set forth in the enterprise architecture. ‘‘(d) FAILURE TO MEET TERMS.—If the Director of the Federal Bureau of Investigation identifies any inability or expectation of inability to meet the terms set forth in the enterprise architecture in a report under sub- section (c), the report under subsection (c) shall— ‘‘(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) ENTERPRISE ARCHITECTURE, AGENCY PLANS AND REPORTS.—This section shall be carried out in compli- ance with the requirements set forth in section 1016(e) and (h) [6 U.S.C. 485(e) and former 6 U.S.C. 485(h)].’’ REPORT TO CONGRESS Pub. L. 108–405, title II, § 203(f), Oct. 30, 2004, 118 Stat. 2271, which required the Department of Justice to no- tify Congress of plans to modify the CODIS system, was editorially reclassified as section 40721 of Title 34, Crime Control and Law Enforcement. MORGAN P. HARDIMAN CHILD ABDUCTION AND SERIAL MURDER INVESTIGATIVE RESOURCES CENTER Pub. L. 105–314, title VII, § 703(a)–(f), Oct. 30, 1998, 112 Stat. 2987–2989, establishing the Morgan P. Hardiman Child Abduction and Serial Murder Investigative Re- sources Center, was editorially reclassified as section 41502 of Title 34, Crime Control and Law Enforcement. FEDERAL BUREAU OF INVESTIGATION FUNDING AUTHORIZATIONS Pub. L. 104–132, title VIII, § 811, Apr. 24, 1996, 110 Stat. 1312, as amended by Pub. L. 106–546, § 6(a), Dec. 19, 2000, 114 Stat. 2733, provided that: ‘‘(a) IN GENERAL.—With funds made available pursu- ant to subsection (c)— ‘‘(1) the Attorney General shall— ‘‘(A) provide support and enhance the technical support center and tactical operations of the Fed- eral Bureau of Investigation; ‘‘(B) create a Federal Bureau of Investigation counterterrorism and counterintelligence fund for costs associated with the investigation of cases in- volving cases of terrorism; ‘‘(C) expand and improve the instructional, oper- ational support, and construction of the Federal Bureau of Investigation Academy; ‘‘(D) construct a Federal Bureau of Investigation laboratory, provide laboratory examination sup- port, and provide for a command center; ‘‘(E) make grants to States to carry out the ac- tivities described in subsection (b); and ‘‘(F) increase personnel to support counterterrorism activities; and ‘‘(2) the Director of the Federal Bureau of Inves- tigation shall expand the combined DNA Identifica- tion 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 [34 U.S.C. 40702(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 [34 U.S.C. 40703(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 con- sultation with the Director of the Federal Bureau of Investigation, may make grants to each State eligi- ble under paragraph (2) to be used by the chief execu- tive 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 es- tablish, develop, update, or upgrade— ‘‘(A) computerized identification systems that are compatible and integrated with the databases of the National Crime Information Center of the Fed- eral 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 Inte- grated Automated Fingerprint Identification Sys- tem (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 offi- cials, as designated by the chief executive officer of the State, a sample of blood, saliva, or other speci- men 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 appro- priated for the activities of the Federal Bureau of In- vestigation, 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 re- main available until expended. ‘‘(3) ALLOCATION.— ‘‘(A) IN GENERAL.—Of the total amount appro- priated 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 allo- cation 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 Common- Page 216 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 532 wealth of Puerto Rico, the Virgin Islands, Amer- ican Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, except that for purposes of the allocation under this subparagraph, Amer- ican 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.’’ § 532. Director of the Federal Bureau of Inves- tigation The Attorney General may appoint a Director of the Federal Bureau of Investigation. The Di- rector of the Federal Bureau of Investigation is the head of the Federal Bureau of Investigation. (Added Pub. L. 89–554, § 4(c), Sept. 6, 1966, 80 Stat. 616.) HISTORICAL AND REVISION NOTES The section is supplied for convenience and clarifica- tion 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 Prohi- bition to a ‘‘Division of Investigation in the Depart- ment of Justice, at the head of which shall be a Direc- tor of Investigation’’. The Division of Investigation was first designated as the ‘‘Federal Bureau of Investiga- tion’’ 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 In- vestigation’’ 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. Statutory Notes and Related Subsidiaries LIMITATION ON PROCUREMENT BY FEDERAL BUREAU OF INVESTIGATION OF PEOPLE’S REPUBLIC OF CHINA PRODUCTS AND SERVICES Pub. L. 117–103, div. X, title IV, § 414, Mar. 15, 2022, 136 Stat. 977, provided that: ‘‘(a) SECURITY ASSESSMENT.—The Director of the Fed- eral Bureau of Investigation may not procure a Peo- ple’s Republic of China product or service unless, before such procurement— ‘‘(1) the Federal Bureau of Investigation conducts a security assessment of such product or service, in- cluding with respect to any physical, counterintel- ligence, 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 Coun- terintelligence Division and Cyber Division of the Federal Bureau of Investigation regarding such secu- rity assessment, including with respect to any such vulnerabilities; and ‘‘(3) the Director (or a designee of the Director) ap- proves a recommendation, based on the results of such security assessment, to procure such product or service. ‘‘(b) SUBMISSION.—Not later than 30 days after the date on which the Director (or a designee of the Direc- tor, as applicable) approves a recommendation pursu- ant to subsection (a)(3), the Director shall submit to the appropriate congressional committees the rec- ommendation and a copy of the security assessment upon which the recommendation was based. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(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) PEOPLE’S REPUBLIC OF CHINA PRODUCT OR SERV- ICE.—The term ‘People’s Republic of China product or service’ means an information or communication technology product manufactured in China, Hong Kong, or Macau, or a product or service provided by an entity that is fully or partially owned or con- trolled by, or otherwise connected to, the government of China.’’ [For definition of ‘‘congressional intelligence com- mittees’’ as used in section 414 of div. X of Pub. L. 117–103, set out above, see section 2 of div. X of Pub. L. 117–103, set out as a note under section 3003 of Title 50, War and National Defense.] COUNTERINTELLIGENCE UNITS AT NON-INTELLIGENCE COMMUNITY FEDERAL DEPARTMENTS AND AGENCIES Pub. L. 117–103, div. X, title IV, § 415, Mar. 15, 2022, 136 Stat. 978, which related to the establishment of coun- terintelligence units at non-intelligence community Federal departments and agencies, was repealed by Pub. L. 118–31, div. G, title III, § 7318(b), Dec. 22, 2023, 137 Stat. 1033. FINDINGS Pub. L. 112–24, § 1, July 26, 2011, 125 Stat. 238, provided that: ‘‘Congress finds that— ‘‘(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 sta- bility at the Federal Bureau of Investigation in the face of ongoing threats to the United States and lead- ership 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 anniver- sary of the attacks of September 11, 2001, the Presi- dent’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 ex- ception 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 excep- tional circumstances, and is not intended to create a precedent.’’ IMPROVEMENT OF INTELLIGENCE CAPABILITIES; DIREC- TORATE OF INTELLIGENCE; INTELLIGENCE CAREER SERVICE Pub. L. 108–458, title II, §§ 2001–2003, Dec. 17, 2004, 118 Stat. 3700, 3702, as amended by Pub. L. 111–259, title VIII, § 806(b)(1), Oct. 7, 2010, 124 Stat. 2748; Pub. L. 114–113, div. M, title VII, § 701(b), Dec. 18, 2015, 129 Stat. 2929, provided that: ‘‘SEC. 2001. IMPROVEMENT OF INTELLIGENCE CA- PABILITIES OF THE FEDERAL BUREAU OF IN- VESTIGATION. ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(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 im- proving 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 pre- ventive counterterrorism posture. ‘‘(b) IMPROVEMENT OF INTELLIGENCE CAPABILITIES.— The Director of the Federal Bureau of Investigation shall continue efforts to improve the intelligence capa- bilities of the Federal Bureau of Investigation and to