2012 US Code
Title 28 - Judiciary and Judicial Procedure
Part II - DEPARTMENT OF JUSTICE (§§ 501 - 599B)
Chapter 33 - FEDERAL BUREAU OF INVESTIGATION (§§ 531 - 540C)
Section 531 - Federal Bureau of Investigation
Publication Title | United States Code, 2012 Edition, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION Sec. 531 - Federal Bureau of Investigation |
Contains | section 531 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 89-554, §4(c), Sept. 6, 1966, 80 Stat. 616. |
Presidential Document Number References | Executive Order 6166 |
Statutes at Large References | 35 Stat. 236 49 Stat. 77 80 Stat. 616 110 Stat. 1312 112 Stat. 2987-2989 114 Stat. 2733 118 Stat. 2271, 3869 |
Public Law References | Public Law 89-554, Public Law 104-132, Public Law 105-314, Public Law 106-546, Public Law 108-405, Public Law 108-458 |
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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 NotesThe section is supplied for convenience and clarification. The Bureau of Investigation in the Department of Justice, the earliest predecessor agency of the Federal Bureau of Investigation, was created administratively in 1908. It appears that funds used for the Bureau of Investigation were first obtained through the Department of Justice Appropriation Act of May 22, 1908, ch. 186, §1 (par. beginning “From the appropriations for the prosecution of crimes”), 35 Stat. 236, although that statutory provision makes no express mention of the Bureau or of the investigative function.
Section 3 of Executive Order No. 6166 of June 10, 1933, specifically recognized the Bureau of Investigation in the Department of Justice and provided that all that Bureau's functions together with the investigative functions of the Bureau of Prohibition were “transferred to and consolidated in a Division of Investigation in the Department of Justice, at the head of which shall be a Director of Investigation.”
The Division of Investigation was first designated as the “Federal Bureau of Investigation” by the Act of Mar. 22, 1935, ch. 39, title II, 49 Stat. 77, and has been so designated in statutes since that date.
Transfer of FunctionsFor transfer of functions, personnel, assets, and liabilities of the Federal Bureau of Investigation, including the functions of the Attorney General relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(3) and sections 121(g)(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Enterprise ArchitecturePub. L. 108–458, title VIII, §8402, Dec. 17, 2004, 118 Stat. 3869, provided that:
“(a)
“(b)
“(1) continually maintain and update an enterprise architecture; and
“(2) maintain a state of the art and up to date information technology infrastructure that is in compliance with the enterprise architecture of the Federal Bureau of Investigation.
“(c)
“(d)
“(1) be twice a year until the inability is corrected;
“(2) include a statement as to whether the inability or expectation of inability to meet the terms set forth in the enterprise architecture is substantially related to resources; and
“(3) if the inability or expectation of inability is substantially related to resources, include a request for additional funding that would resolve the problem or a request to reprogram funds that would resolve the problem.
“(e)
Pub. L. 108–405, title II, §203(f), Oct. 30, 2004, 118 Stat. 2271, provided that: “If the Department of Justice plans to modify or supplement the core genetic markers needed for compatibility with the CODIS system, it shall notify the Judiciary Committee of the Senate and the Judiciary Committee of the House of Representatives in writing not later than 180 days before any change is made and explain the reasons for such change.”
Morgan P. Hardiman Child Abduction and Serial Murder Investigative Resources CenterPub. L. 105–314, title VII, §703(a)–(f), Oct. 30, 1998, 112 Stat. 2987–2989, provided that:
“(a)
“(b)
“(c)
“(1) identifying, developing, researching, acquiring, and refining multidisciplinary information and specialities to provide for the most current expertise available to advance investigative knowledge and practices used in child abduction, mysterious disappearances of children, child homicide, and serial murder investigations;
“(2) providing advice and coordinating the application of current and emerging technical, forensic, and other Federal assistance to Federal, State, and local authorities in child abduction, mysterious disappearances of children, child homicide, and serial murder investigations;
“(3) providing investigative support, research findings, and violent crime analysis to Federal, State, and local authorities in child abduction, mysterious disappearances of children, child homicide, and serial murder investigations;
“(4) providing, if requested by a Federal, State, or local law enforcement agency, on site consultation and advice in child abduction, mysterious disappearances of children, child homicide and serial murder investigations;
“(5) coordinating the application of resources of pertinent Federal law enforcement agencies, and other Federal entities including, but not limited to, the United States Customs Service, the Secret Service, the Postal Inspection Service, and the United States Marshals Service, as appropriate, and with the concurrence of the agency head to support Federal, State, and local law enforcement involved in child abduction, mysterious disappearance of a child, child homicide, and serial murder investigations;
“(6) conducting ongoing research related to child abductions, mysterious disappearances of children, child homicides, and serial murder, including identification and investigative application of current and emerging technologies, identification of investigative searching technologies and methods for physically locating abducted children, investigative use of offender behavioral assessment and analysis concepts, gathering statistics and information necessary for case identification, trend analysis, and case linkages to advance the investigative effectiveness of outstanding abducted children cases, develop investigative systems to identify and track serious serial offenders that repeatedly victimize children for comparison to unsolved cases, and other investigative research pertinent to child abduction, mysterious disappearance of a child, child homicide, and serial murder covered in this section;
“(7) working under the NCAVC in coordination with the National Center For Missing and Exploited Children and the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice to provide appropriate training to Federal, State, and local law enforcement in matters regarding child abductions, mysterious disappearances of children, child homicides; and
“(8) establishing a centralized repository based upon case data reflecting child abductions, mysterious disappearances of children, child homicides and serial murder submitted by State and local agencies, and an automated system for the efficient collection, retrieval, analysis, and reporting of information regarding CASMIRC investigative resources, research, and requests for and provision of investigative support services.
“(d)
“(1)
“(2)
“(3)
“(e)
“(1) a description of the goals and activities of the CASMIRC; and
“(2) information regarding—
“(A) the number and qualifications of the members appointed to the CASMIRC;
“(B) the provision of equipment, administrative support, and office space for the CASMIRC; and
“(C) the projected resource needs for the CASMIRC.
“(f)
[For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]
[For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, including the functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.]
Federal Bureau of Investigation Funding AuthorizationsPub. L. 104–132, title VIII, §811, Apr. 24, 1996, 110 Stat. 1312, as amended by Pub. L. 106–546, §6(a), Dec. 19, 2000, 114 Stat. 2733, provided that:
“(a)
“(1) the Attorney General shall—
“(A) provide support and enhance the technical support center and tactical operations of the Federal Bureau of Investigation;
“(B) create a Federal Bureau of Investigation counterterrorism and counterintelligence fund for costs associated with the investigation of cases involving cases of terrorism;
“(C) expand and improve the instructional, operational support, and construction of the Federal Bureau of Investigation Academy;
“(D) construct a Federal Bureau of Investigation laboratory, provide laboratory examination support, and provide for a command center;
“(E) make grants to States to carry out the activities described in subsection (b); and
“(F) increase personnel to support counterterrorism activities; and
“(2) the Director of the Federal Bureau of Investigation shall expand the combined DNA Identification System (CODIS) to include analyses of DNA samples collected from—
“(A) individuals convicted of a qualifying Federal offense, as determined under section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 [42 U.S.C. 14135a(d)];
“(B) individuals convicted of a qualifying District of Columbia offense, as determined under section 4(d) of the DNA Analysis Backlog Elimination Act of 2000 [42 U.S.C. 14135b(d)]; and
“(C) members of the Armed Forces convicted of a qualifying military offense, as determined under section 1565(d) of title 10, United States Code.
“(b)
“(1)
“(A) computerized identification systems that are compatible and integrated with the databases of the National Crime Information Center of the Federal Bureau of Investigation;
“(B) the capability to analyze deoxyribonucleic acid (DNA) in a forensic laboratory in ways that are compatible and integrated with the combined DNA Identification System (CODIS) of the Federal Bureau of Investigation; and
“(C) automated fingerprint identification systems that are compatible and integrated with the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation.
“(2)
“(3)
“(c)
“(1)
“(A) $114,000,000 for fiscal year 1997;
“(B) $166,000,000 for fiscal year 1998;
“(C) $96,000,000 for fiscal year 1999; and
“(D) $92,000,000 for fiscal year 2000.
“(2)
“(3)
“(A)
“(i) the greater of 0.25 percent of such amount or $500,000 shall be allocated to each eligible State; and
“(ii) of the total funds remaining after the allocation under clause (i), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this subparagraph as the population of such State bears to the population of all States.
“(B)
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