28 U.S.C. Chapter 33 — FEDERAL BUREAU OF INVESTIGATION

Contents

Chapter 33 · Federal bureau of investigation

531Federal Bureau of Investigation#

The Federal Bureau of Investigation is in the Department of Justice.

532Director of the Federal Bureau of Investigation#

The Attorney General may appoint a Director of the Federal Bureau of Investigation. The Director of the Federal Bureau of Investigation is the head of the Federal Bureau of Investigation.

533Investigative and other officials; appointment#

The Attorney General may appoint officials—

(1)to detect and prosecute crimes against the United States;

(2)to assist in the protection of the person of the President; and 1

(3)to assist in the protection of the person of the Attorney General.2

(4)to conduct such other investigations regarding official matters under the control of the Department of Justice and the Department of State as may be directed by the Attorney General.

This section does not limit the authority of departments and agencies to investigate crimes against the United States when investigative jurisdiction has been assigned by law to such departments and agencies.

534Acquisition, preservation, and exchange of identification records and information; appointment of officials#

(a)The Attorney General shall—

(1)acquire, collect, classify, and preserve identification, criminal identification, crime, and other records;

(2)acquire, collect, classify, and preserve any information which would assist in the identification of any deceased individual who has not been identified after the discovery of such deceased individual;

(3)acquire, collect, classify, and preserve any information which would assist in the location of any missing person (including an unemancipated person as defined by the laws of the place of residence of such person) and provide confirmation as to any entry for such a person to the parent, legal guardian, or next of kin of that person (and the Attorney General may acquire, collect, classify, and preserve such information from such parent, guardian, or next of kin);

(4)exchange such records and information with, and for the official use of, authorized officials of the Federal Government, including the United States Sentencing Commission, the States, including State sentencing commissions, Indian tribes, cities, and penal and other institutions; and

(5)provide a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18 with information necessary to verify whether firearms offered for sale to such licensees have been stolen.

(b)The exchange of records and information authorized by subsection (a)(4) of this section is subject to cancellation if dissemination is made outside the receiving departments or related agencies, except for dissemination authorized under subsection (a)(5) of this section.

(c)The Attorney General may appoint officials to perform the functions authorized by this section.

(d)

(1)The Attorney General shall permit tribal and Bureau of Indian Affairs law enforcement agencies—

(A)to access and enter information into Federal criminal information databases; and

(B)to obtain information from the databases.

(2)

(A)The Attorney General shall establish a program, to be known as the “Tribal Access Program”, to enhance the ability of tribal governments and their authorized agencies to access, enter information into, and obtain information from national criminal information databases under this section.

(B)There is authorized to be appropriated to carry out the Tribal Access Program under subparagraph (A) $6,000,000 for each of fiscal years 2023 through 2027, to remain available until expended.

(3)To the extent otherwise permitted by law, any report issued as a result of the analysis of information entered into national criminal information databases or obtained from Federal criminal databases shall be shared with each Indian tribe of jurisdiction, including Indian tribes located in the State of Maine.

(e)For purposes of this section, the term “other institutions” includes—

(1)railroad police departments which perform the administration of criminal justice and have arrest powers pursuant to a State statute, which allocate a substantial part of their annual budget to the administration of criminal justice, and which meet training requirements established by law or ordinance for law enforcement officers; and

(2)police departments of private colleges or universities which perform the administration of criminal justice and have arrest powers pursuant to a State statute, which allocate a substantial part of their annual budget to the administration of criminal justice, and which meet training requirements established by law or ordinance for law enforcement officers.

(f)

(1)Information from national crime information databases consisting of identification records, criminal history records, protection orders, and wanted person records may be disseminated to civil or criminal courts for use in domestic violence or stalking cases. Nothing in this subsection shall be construed to permit access to such records for any other purpose.

(2)Federal, tribal, and State criminal justice agencies authorized to enter information into criminal information databases may include—

(A)arrests, convictions, and arrest warrants for stalking or domestic violence or for violations of protection orders for the protection of parties from stalking or domestic violence; and

(B)protection orders for the protection of persons from stalking or domestic violence, provided such orders are subject to periodic verification.

(3)As used in this subsection—

(A)the term “national crime information databases” means the National Crime Information Center and its incorporated criminal history databases, including the Interstate Identification Index; and

(B)the term “protection order” includes—

(i)any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence or contact or communication with or physical proximity to, another person, including any temporary or final orders issued by civil or criminal courts whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and

(ii)any support, child custody or visitation provisions, orders, remedies, or relief issued as part of a protection order, restraining order, or stay away injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence, dating violence, sexual assault, or stalking.

535Investigation of crimes involving Government officers and employees; limitations#

(a)The Attorney General and the Federal Bureau of Investigation may investigate any violation of Federal criminal law involving Government officers and employees—

(1)notwithstanding any other provision of law; and

(2)without limiting the authority to investigate any matter which is conferred on them or on a department or agency of the Government.

(b)Any information, allegation, matter, or complaint witnessed, discovered, or received in a department or agency of the executive branch of the Government relating to violations of Federal criminal law involving Government officers and employees shall be expeditiously reported to the Attorney General by the head of the department or agency, or the witness, discoverer, or recipient, as appropriate, unless—

(1)the responsibility to perform an investigation with respect thereto is specifically assigned otherwise by another provision of law; or

(2)as to any department or agency of the Government, the Attorney General directs otherwise with respect to a specified class of information, allegation, or complaint.

(c)This section does not limit—

(1)the authority of the military departments to investigate persons or offenses over which the armed forces have jurisdiction under the Uniform Code of Military Justice (chapter 47 of title 10); or

(2)the primary authority of the Postmaster General to investigate postal offenses.

536Positions in excepted service#

All positions in the Federal Bureau of Investigation are excepted from the competitive service, and the incumbents of such positions occupy positions in the excepted service.

537Expenses of unforeseen emergencies of a confidential character#

Appropriations for the Federal Bureau of Investigation are available for expenses of unforeseen emergencies of a confidential character, when so specified in the appropriation concerned, to be spent under the direction of the Attorney General. The Attorney General shall certify the amount spent that he considers advisable not to specify, and his certification is a sufficient voucher for the amount therein expressed to have been spent.

538Investigation of aircraft piracy and related violations#

The Federal Bureau of Investigation shall investigate any violation of section 46314 or chapter 465 of title 49.

539Counterintelligence official reception and representation expenses#

The Director of the Federal Bureau of Investigation may use funds available to the Federal Bureau of Investigation for counterintelligence programs to pay the expenses of hosting foreign officials in the United States under the auspices of the Federal Bureau of Investigation for consultation on counterintelligence matters.

540Investigation of felonious killings of State or local law enforcement officers#

The Attorney General and the Federal Bureau of Investigation may investigate felonious killings of officials and employees of a State or political subdivision thereof while engaged in or on account of the performance of official duties relating to the prevention, detection, investigation, or prosecution of an offense against the criminal laws of a State or political subdivision, when such investigation is requested by the head of the agency employing the official or employee killed, and under such guidelines as the Attorney General or his designee may establish.

540AInvestigation of violent crimes against travelers#

(a)At the request of an appropriate law enforcement official of a State or political subdivision, the Attorney General and Director of the Federal Bureau of Investigation may assist in the investigation of a felony crime of violence in violation of the law of any State in which the victim appears to have been selected because he or she is a traveler.

(b)In a case in which the traveler who is a victim of a crime described in subsection (a) is from a foreign nation, the Attorney General and Director of the Federal Bureau of Investigation, and, when appropriate, the Secretary of State shall assist the prosecuting and law enforcement officials of a State or political subdivision to the fullest extent possible in securing from abroad such evidence or other information as may be needed for the effective investigation and prosecution of the crime.

(c)In this section—

(1)“felony crime of violence” means an offense punishable by more than one year in prison that has as an element the use, attempted use, or threatened use of physical force against the person of another.

(2)“State” means a State, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(3)“traveler” means a victim of a crime of violence who is not a resident of the State in which the crime of violence occurred.

540BInvestigation of serial killings#

(a)The Attorney General and the Director of the Federal Bureau of Investigation may investigate serial killings in violation of the laws of a State or political subdivision, if such investigation is requested by the head of a law enforcement agency with investigative or prosecutorial jurisdiction over the offense.

(b)In this section:

(1)The term “killing” means conduct that would constitute an offense under section 1111 of title 18, United States Code, if Federal jurisdiction existed.

(2)The term “serial killings” means a series of three or more killings, not less than one of which was committed within the United States, having common characteristics such as to suggest the reasonable possibility that the crimes were committed by the same actor or actors.

(3)The term “State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

540CFBI police#

(a)In this section:

(1)The term “Director” means the Director of the Federal Bureau of Investigation.

(2)

(A)The term “FBI buildings and grounds” means—

(i)the whole or any part of any building or structure which is occupied under a lease or otherwise by the Federal Bureau of Investigation and is subject to supervision and control by the Federal Bureau of Investigation;

(ii)the land upon which there is situated any building or structure which is occupied wholly by the Federal Bureau of Investigation; and

(iii)any enclosed passageway connecting 2 or more buildings or structures occupied in whole or in part by the Federal Bureau of Investigation.

(B)The term “FBI buildings and grounds” includes adjacent streets and sidewalks not to exceed 500 feet from such property.

(3)The term “FBI police” means the permanent police force established under subsection (b).

(b)

(1)Subject to the supervision of the Attorney General, the Director may establish a permanent police force, to be known as the FBI police.

(2)The FBI police shall perform such duties as the Director may prescribe in connection with the protection of persons and property within FBI buildings and grounds.

(3)The Director, or designated representative duly authorized by the Attorney General, may appoint uniformed representatives of the Federal Bureau of Investigation as FBI police for duty in connection with the policing of all FBI buildings and grounds.

(4)

(A)In accordance with regulations prescribed by the Director and approved by the Attorney General, the FBI police may—

(i)police the FBI buildings and grounds for the purpose of protecting persons and property;

(ii)in the performance of duties necessary for carrying out subparagraph (A), make arrests and otherwise enforce the laws of the United States, including the laws of the District of Columbia;

(iii)carry firearms as may be required for the performance of duties;

(iv)prevent breaches of the peace and suppress affrays and unlawful assemblies; and

(v)hold the same powers as sheriffs and constables when policing FBI buildings and grounds.

(B)The authority and policing powers of FBI police under this paragraph shall not include the service of civil process.

(5)

(A)The rates of basic pay, salary schedule, pay provisions, and benefits for members of the FBI police shall be equivalent to the rates of basic pay, salary schedule, pay provisions, and benefits applicable to members of the United States Secret Service Uniformed Division.

(B)Pay and benefits for the FBI police under subparagraph (A)—

(i)shall be established by regulation;

(ii)shall apply with respect to pay periods beginning after January 1, 2003; and

(iii)shall not result in any decrease in the rates of pay or benefits of any individual.

(c)This section does not affect the authority of the Metropolitan Police Force of the District of Columbia with respect to FBI buildings and grounds.

540DMultidisciplinary teams#

(a)In this section—

(1)the term “child sexual abuse material” means a visual depiction described in section 2256(8)(A) of title 18;

(2)the term “covered investigation” means any investigation of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation;

(3)the term “Director” means the Director of the Federal Bureau of Investigation;

(4)the term “multidisciplinary team” means a multidisciplinary team established or used under subsection (b)(2);

(5)the term “relevant children’s advocacy center personnel” means children’s advocacy center staff that regularly participate in multidisciplinary child support settings, including the director of the children’s advocacy center, the coordinator of a multidisciplinary team, forensic interviewers, victim advocates, forensic medical evaluators, physicians, sexual assault nurse examiners, and mental health clinicians; and

(6)the term “victim advocate” means a person, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of a victim services program.

(b)

(1)To carry out the functions described in subsection (c) in connection with each covered investigation conducted by the Federal Bureau of Investigation, the Director shall, unless unavailable or otherwise inconsistent with applicable Federal law—

(A)use a multidisciplinary team; and

(B)in accordance with paragraph (3), use—

(i)a trained Federal Bureau of Investigation child adolescent forensic interviewer; or

(ii)in the absence of a trained Federal Bureau of Investigation child adolescent forensic interviewer, a trained forensic interviewer at a children’s advocacy center.

(2)The Director shall use and coordinate with children’s advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1).

(3)The Director—

(A)may work with children’s advocacy centers to implement a multidisciplinary team approaches 1 for purposes of covered investigations; and

(B)shall allow, facilitate, and encourage multidisciplinary teams to collaborate with a children’s advocacy center with regard to availability, provision, and use of services to and by victims and families that are participants in or affected by the actions at issue in a covered investigation.

(4)The Director shall submit to the Attorney General an annual report identifying any interview of a victim reporting child sexual abuse material or child trafficking that took place—

(A)without the use of—

(i)a multidisciplinary approach;

(ii)a trained forensic interviewer; or

(iii)either the use of a multidisciplinary approach or a trained forensic interviewer; and

(B)for each interview identified under subparagraph (A), describing the exigent circumstances that existed with respect to the interview, in accordance with paragraph (1).

(5)The Director shall seek to enter into a memorandum of understanding with a reputable national accrediting organization for children’s advocacy centers—

(A)under which—

(i)the children’s advocacy services of the national organization are made available to field offices of the Federal Bureau of Investigation in the United States; and

(ii)special agents and other employees of the Federal Bureau of Investigation are made aware of the existence of such memoranda and its purposes; and

(B)which shall reflect a trauma-informed, victim-centered approach and provide for case review.

(c)The functions described in this subsection are the following:

(1)To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation.

(2)To provide for and enhance collaborative efforts among the members of a multidisciplinary team, when such a team is used, and other appropriate personnel regarding a covered investigation.

(3)To enhance the social services available to victims in connection with a covered investigation, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with a covered investigation.

(4)To carry out other duties regarding the response to investigations of child sexual abuse or trafficking.

(d)

(1)Each multidisciplinary team shall be composed of the following:

(A)Appropriate investigative personnel.

(B)Appropriate mental health professionals.

(C)Appropriate medical personnel.

(D)Victim advocates or victim specialists.

(E)Relevant children’s advocacy center personnel, with respect to covered investigations in which the children’s advocacy center or personnel of the children’s advocacy center were used in the course of the covered investigation.

(F)Prosecutors, as appropriate.

(2)

(A)Any individual assigned to a multidisciplinary team shall possess such expertise, and shall undertake such training as is required to maintain such expertise, in order to ensure that members of the team remain appropriately qualified to carry out the functions of the team under this section.

(B)The training and expertise required under subparagraph (A) shall include training and expertise on special victims’ crimes, including child sexual abuse.

(e)

(1)

(A)Subject to subparagraphs (B) and (C), relevant children’s advocacy center personnel who are assigned to work on a covered investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews and providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases.

(B)The case information described in subparagraph (A) to which relevant children’s advocacy center personnel shall be granted access includes—

(i)case outcome of forensic interviews;

(ii)medical evaluation outcomes;

(iii)mental health treatment referrals and treatment completion;

(iv)safety planning and child protection issues;

(v)victim service needs and referrals addressed by the victim advocate;

(vi)case disposition;

(vii)case outcomes; and

(viii)any other information required for a children’s advocacy centers 1 as a part of the standards of practice of the children’s advocacy center; and

(C)The case information described in subparagraph (A) does not include—

(i)classified information;

(ii)the identity of confidential informants; or

(iii)other investigative information not included as a part of the standards of practice of the children’s advocacy center.

(2)Children’s advocacy centers shall provide the Federal Bureau of Investigation with forensic interview recordings and documentation, medical reports, and other case information on Federal Bureau of Investigation-related cases.

(3)

(A)The Federal Bureau of Investigation may provide security clearances to relevant children’s advocacy center personnel for purposes of case review by multidisciplinary teams, if it is determined that those personnel are eligible and possess a need-to-know specific classified information to perform or assist in a lawful and authorized government function.

(B)There is authorized to be appropriated such sums as are necessary to carry out subparagraph (A).

(f)Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report.

(g)Throughout a covered investigation, a multidisciplinary team supporting an investigation under this section shall, at regularly scheduled times, convene to—

(1)share information about case progress;

(2)address any investigative or prosecutorial barriers; and

(3)ensure that victims receive support and needed treatment.

(h)The Director shall make advocates available to each victim who reports child sexual abuse or child trafficking in connection with an investigation by the Federal Bureau of Investigation.

(i)

(1)Nothing in this section shall be construed to augment any existing investigative authority of the Federal Bureau of Investigation or to expand the jurisdiction of any Federal law enforcement agency.

(2)Nothing in this section shall be construed to limit the legal obligations of the Director under any other provision of law, including section 552a of title 5 (commonly known as the “Privacy Act of 1974”), or require the sharing of classified information with unauthorized persons.

United States Government work; public domain under 17 U.S.C. § 105.