§ 531. — Federal Bureau of Investigation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC531]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART II--DEPARTMENT OF JUSTICE
CHAPTER 33--FEDERAL BUREAU OF INVESTIGATION
Sec. 531. Federal Bureau of Investigation
The Federal Bureau of Investigation is in the Department of Justice.
(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.
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.''
