Notes on 28 U.S.C. § 531 : US Code - Notes

Search Notes on 28 U.S.C. § 531 : US Code - Notes

(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 616.)
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.
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.
ENTERPRISE ARCHITECTURE
Pub. L. 108-458, title VIII, Sec. 8402, Dec. 17, 2004, 118 Stat.
3869, provided that:
"(a) Enterprise Architecture Defined. - In this section, the term
'enterprise architecture' means a detailed outline or blueprint of
the information technology 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 information
technology infrastructure that is in compliance with the
enterprise architecture of the Federal Bureau of Investigation.
"(c) Report. - Subject to subsection (d), the Director of the
Federal Bureau of Investigation shall, on an annual 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 compliance 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 subsection (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 compliance with the requirements
set forth in section 1016(e) and (h) [6 U.S.C. 485(e), (h)]."
REPORT TO CONGRESS
Pub. L. 108-405, title II, Sec. 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 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."