Notes on 28 U.S.C. § 532 : US Code - Notes

Search Notes on 28 U.S.C. § 532 : 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 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.
IMPROVEMENT OF INTELLIGENCE CAPABILITIES; DIRECTORATE OF
INTELLIGENCE; INTELLIGENCE CAREER SERVICE
Pub. L. 108-458, title II, Secs. 2001-2003, Dec. 17, 2004, 118
Stat. 3700, 3702, provided that:
"SEC. 2001. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE
FEDERAL BUREAU OF INVESTIGATION.
"(a) Findings. - Congress makes the following findings:
"(1) The National Commission on Terrorist Attacks Upon the
United States in its final report stated that, under Director
Robert Mueller, the Federal Bureau of Investigation has made
significant progress in improving its intelligence capabilities.
"(2) In the report, the members of the Commission also urged
that the Federal Bureau of Investigation fully institutionalize
the shift of the Bureau to a preventive counterterrorism posture.
"(b) Improvement of Intelligence Capabilities. - The Director of
the Federal Bureau of Investigation shall continue efforts to
improve the intelligence capabilities of the Federal Bureau of
Investigation and to develop and maintain within the Bureau a
national intelligence workforce.
"(c) National Intelligence Workforce. - (1) In developing and
maintaining a national intelligence workforce under subsection (b),
the Director of the Federal Bureau of Investigation shall, [sic]
develop and maintain a specialized and integrated national
intelligence workforce consisting of agents, analysts, linguists,
and surveillance specialists who are recruited, trained, and
rewarded in a manner which ensures the existence within the Federal
Bureau of Investigation an institutional culture with substantial
expertise in, and commitment to, the intelligence mission of the
Bureau.
"(2) Each agent employed by the Bureau after the date of the
enactment of this Act [Dec. 17, 2004] shall receive basic training
in both criminal justice matters and national intelligence matters.
"(3) Each agent employed by the Bureau after the date of the
enactment of this Act shall, to the maximum extent practicable, be
given the opportunity to undergo, during such agent's early service
with the Bureau, meaningful assignments in criminal justice matters
and in national intelligence matters.
"(4) The Director shall -
"(A) establish career positions in national intelligence
matters for agents, analysts, and related personnel of the
Bureau; and
"(B) in furtherance of the requirement under subparagraph (A)
and to the maximum extent practicable, afford agents, analysts,
and related personnel of the Bureau the opportunity to work in
the career specialty selected by such agents, analysts, and
related personnel over their entire career with the Bureau.
"(5) The Director shall carry out a program to enhance the
capacity of the Bureau to recruit and retain individuals with
backgrounds in intelligence, international relations, language,
technology, and other skills relevant to the intelligence mission
of the Bureau.
"(6) The Director shall, to the maximum extent practicable,
afford the analysts of the Bureau training and career opportunities
commensurate with the training and career opportunities afforded
analysts in other elements of the intelligence community.
"(7) Commencing as soon as practicable after the date of the
enactment of this Act, each direct supervisor of a Field
Intelligence Group, and each Bureau Operational Manager at the
Section Chief and Assistant Special Agent in Charge (ASAC) level
and above, shall be a certified intelligence officer.
"(8) The Director shall, to the maximum extent practicable,
ensure that the successful discharge of advanced training courses,
and of one or more assignments to another element of the
intelligence community, is a precondition to advancement to higher
level intelligence assignments within the Bureau.
"(d) Field Office Matters. - (1) In improving the intelligence
capabilities of the Federal Bureau of Investigation under
subsection (b), the Director of the Federal Bureau of Investigation
shall ensure that each Field Intelligence Group reports directly to
a field office senior manager responsible for intelligence matters.
"(2) The Director shall provide for such expansion of the secure
facilities in the field offices of the Bureau as is necessary to
ensure the discharge by the field offices of the intelligence
mission of the Bureau.
"(3) The Director shall require that each Field Intelligence
Group manager ensures the integration of analysts, agents,
linguists, and surveillance personnel in the field.
"(e) Discharge of Improvements. - (1) The Director of the Federal
Bureau of Investigation shall carry out subsections (b) through (d)
through the head of the Directorate of Intelligence of the Federal
Bureau of Investigation.
"(2) The Director of the Federal Bureau of Investigation shall
carry out subsections (b) through (d) under the joint guidance of
the Attorney General and the National Intelligence Director in a
manner consistent with section 112(e) [Pub. L. 108-458 does not
contain a section 112(e)].
"(f) Budget Matters. - The Director of the Federal Bureau of
Investigation shall, [sic] establish a budget structure of the
Federal Bureau of Investigation to reflect the four principal
missions of the Bureau as follows:
"(1) Intelligence.
"(2) Counterterrorism and counterintelligence.
"(3) Criminal Enterprises/Federal Crimes.
"(4) Criminal justice services.
"(g) Reports. - (1) Not later than 180 days after the date of the
enactment of this Act [Dec. 17, 2004], the Director of the Federal
Bureau of Investigation shall submit to Congress a report on the
progress made as of the date of such report in carrying out the
requirements of this section.
"(2) The Director shall include in each annual program review of
the Federal Bureau of Investigation that is submitted to Congress a
report on the progress made by each field office of the Bureau
during the period covered by such review in addressing Bureau and
national program priorities.
"(3) Not later than 180 days after the date of the enactment of
this Act, and every 12 months thereafter, the Director shall submit
to Congress a report assessing the qualifications, status, and
roles of analysts at Bureau headquarters and in the field offices
of the Bureau.
"(4) Not later than 180 days after the date of the enactment of
this Act, and every 12 months thereafter, the Director shall submit
to Congress a report on the progress of the Bureau in implementing
information-sharing principles.
"SEC. 2002. DIRECTORATE OF INTELLIGENCE OF THE FEDERAL BUREAU OF
INVESTIGATION.
"(a) Directorate of Intelligence of Federal Bureau of
Investigation. - The element of the Federal Bureau of Investigation
known as of the date of the enactment of this Act [Dec. 17, 2004]
as the Office of Intelligence is hereby redesignated as the
Directorate of Intelligence of the Federal Bureau of Investigation.
"(b) Head of Directorate. - The head of the Directorate of
Intelligence shall be the Executive Assistant Director for
Intelligence of the Federal Bureau of Investigation.
"(c) Responsibilities. - The Directorate of Intelligence shall be
responsible for the following:
"(1) Supervision of all national intelligence programs,
projects, and activities of the Bureau.
"(2) The discharge by the Bureau of the requirements in section
105B of the National Security Act of 1947 (50 U.S.C. 403-5b).
"(3) The oversight of Bureau field intelligence operations.
"(4) Coordinating human source development and management by
the Bureau.
"(5) Coordinating collection by the Bureau against nationally-
determined intelligence requirements.
"(6) Strategic analysis.
"(7) Intelligence program and budget management.
"(8) The intelligence workforce.
"(9) Any other responsibilities specified by the Director of
the Federal Bureau of Investigation or specified by law.
"(d) Staff. - The Directorate of Intelligence shall consist of
such staff as the Director of the Federal Bureau of Investigation
considers appropriate for the activities of the Directorate.
"SEC. 2003. FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE CAREER
SERVICE.
"(a) Establishment of Federal Bureau of Investigation
Intelligence Career Service. - The Director of the Federal Bureau
of Investigation may -
"(1) in consultation with the Director of the Office of
Personnel Management -
"(A) establish positions for intelligence analysts, and
prescribe standards and procedures for establishing and
classifying such positions, without regard to chapter 51 of
title 5, United States Code; and
"(B) fix the rate of basic pay for such positions, without
regard to subchapter III of chapter 53 of title 5, United
States Code, if the rate of pay is not greater than the rate of
basic pay payable for level IV of the Executive Schedule [5
U.S.C. 5315];
"(2) appoint individuals to such positions; and
"(3) establish a performance management system for such
individuals with at least one level of performance above a
retention standard.
"(b) Reporting Requirement. - Not less than 60 days before the
date of the implementation of authorities authorized under this
section, the Director of the Federal Bureau of Investigation shall
submit an operating plan describing the Director's intended use of
the authorities under this section to the appropriate committees of
Congress.
"(c) Annual Report. - Not later than December 31, 2005, and
annually thereafter for 4 years, the Director of the Federal Bureau
of Investigation shall submit an annual report of the use of the
permanent authorities provided under this section during the
preceding fiscal year to the appropriate committees of Congress.
"(d) Appropriate Committees of Congress Defined. - In this
section, the term 'appropriate committees of Congress['] means'
[sic] -
"(1) the Committees on Appropriations, Homeland Security and
Governmental Affairs, and the Judiciary and the Select Committee
on Intelligence of the Senate; and
"(2) the Committees on Appropriations, Government Reform, and
the Judiciary and the Permanent Select Committee on Intelligence
of the House of Representatives."
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."