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ntegrated 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." -End- -CITE- 28 USC Sec. 532 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION -HEAD- Sec. 532. Director of the Federal Bureau of Investigation -STATUTE- 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. -SOURCE- (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 616.) -MISC1- 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. 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." -End- -CITE- 28 USC Sec. 533 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART II - DEPARTMENT OF JUSTICE CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION -HEAD- Sec. 533. Investigative and other officials; appointment -STATUTE- 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. -SOURCE- (Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 616; amended Pub. L. 107-273, div. A, title II, Sec. 204(e), Nov. 2, 2002, 116 Stat. 1776.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Derivation U.S. Code Revised Statutes and Statutes at Large -------------------------------------------------------------------- 5 U.S.C. 299, Aug. 31, 1964, Pub. L. 88-527, 300 (less Sec. 201 (1st 105 words of 1st applicability par. under "Federal Bureau of to acquisition Investigation", less etc. of applicability to acquisition identification etc. of identification and other and other records), 78 Stat. 717. records). -------------------------------------------------------------------- The section is from the Department of Justice Appropriation Act, 1965. Similar provisions were contained in each appropriation Act for the Department running back to 1921, which Acts are identified in a note under sections 299 and 300 of title 5, U.S.C. 1964 ed. The section is reorganized for clarity. The authority to appoint officials for the cited purposes is implied. The word "may" is substituted for "is authorized to". The words "who shall be vested with the authority necessary for the execution of such duties" are omitted as unnecessary as the appointment of the officials for the purposes indicated carries with it the authority necessary to perform their duties. In paragraph (2), the words "to assist in" are added for clarity and in recognition of the provisions of 18 U.S.C. 3056 which vest in the United States Secret Service the responsibility for the protection of the person of the President. As so revised, this paragraph will assure that the Secret Service will continue to have primary responsibility for the protection of the President but at the same time will permit the Federal Bureau of Investigation to render assistance in such protection. The last sentence is added because in various areas the authority to investigate certain criminal offenses has been specifically assigned by statute to departments and agencies other than the Federal Bureau of Investigation. For example, the enforcement of the internal revenue laws is specifically a function of the Secretary of the Treasury and he is authorized to employ such number of persons as he deems proper for the enforcement of such laws (26 U.S.C. 7801, 7803). The Secretary of the Treasury is specifically authorized to direct the collection of duties on imports and to appoint such employees for that purpose as he deems necessary (19 U.S.C. 3, 6). The U.S. Coast Guard is specifically authorized to enforce or assist in enforcing the Federal laws upon the high seas and waters subject to the jurisdiction of the United States (14 U.S.C. 2). Subject to the direction of the Secretary of the Treasury, the Secret Service is specifically authorized to detect and arrest persons committing offenses against the laws of the United States relating to coins and obligations and securities of the United States and foreign governments (18 U.S.C. 3056). AMENDMENTS 2002 - Pars. (3), (4). Pub. L. 107-273 added par. (3) and redesignated former par. (3) as (4). FBI INVESTIGATIONS OF ESPIONAGE BY PERSONS EMPLOYED BY OR ASSIGNED TO UNITED STATES DIPLOMATIC MISSIONS ABROAD Pub. L. 101-193, title VI, Sec. 603, Nov. 30, 1989, 103 Stat. 1710, provided that: "Subject to the authority of the Attorney General, the FBI shall supervise the conduct of all investigations of violations of the espionage laws of the United States by persons employed by or assigned to United States diplomatic missions abroad. All departments and agencies shall report immediately to the FBI any information concerning such a violation. All departments and agencies shall provide appropriate assistance to the FBI in the conduct of such investigations. Nothing in this provision shall be construed as establishing a defense to any criminal, civil, or administrative action." UNDERCOVER INVESTIGATIVE OPERATIONS CONDUCTED BY FEDERAL BUREAU OF INVESTIGATION OR DRUG ENFORCEMENT ADMINISTRATION; ANNUAL REPORT TO CONGRESS; FINANCIAL AUDIT Pub. L. 104-132, title VIII, Sec. 815(d), Apr. 24, 1996, 110 Stat. 1315, provided that: "Notwithstanding any other provision of law, section 102(b) of the Department of Justice and Related Agencies Appropriations Act, 1993 (Public Law 102-395) [Pub. L. 102-395, set out below], shall remain in effect until specifically repealed, subject to any limitation on appropriations contained in any Department of Justice Appropriation Authorization Act." Pub. L. 102-395, title I, Sec. 102(b), Oct. 6, 1992, 106 Stat. 1838, as amended by section 112 of H.R. 2076, One Hundred Fourth Congress, as passed by the House of Representatives on Dec. 6, 1995, and as enacted into law by Pub. L. 104-91, title I, Sec. 101(a), Jan. 6, 1996, 110 Stat. 11, as amended by Pub. L. 104-99, title II, Sec. 211, Jan. 26, 1996, 110 Stat. 37, provided that: "(b)(1) During fiscal year 1996, with respect to any undercover investigative operation of the Federal Bureau of Investigation or the Drug Enforcement Administration which is necessary for the detection and prosecution of crimes against the United States or for the collection of foreign intelligence or counterintelligence - "(A) sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Administration may be used for purchasing property, buildings, and other facilities, and for leasing space, within the United States, the District of Columbia, and the territories and possessions of the United States, without regard to section 1341 of title 31 of the United States Code, section 3732(a) of the Revised Statutes (41 U.S.C. 11(a)), section 305 of the Act of June 30, 1949 (63 Stat. 396; 41 U.S.C. 255), the third undesignated paragraph under the heading of 'Miscellaneous' of the Act of March 3, 1877 (19 Stat. 370; 40 U.S.C. 34 [now 40 U.S.C. 8141]), section 3324 of title 31 of the United States Code, section 3741 of the Revised Statutes (41 U.S.C. 22), and subsections (a) and (c) of section 304 of the Federal Property and Administrative Service Act of 1949 (63 Stat. 395; 41 U.S.C. 254(a) and (c)), "(B) sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Administration may be used to establish or to acquire proprietary corporations or business entities as part of an undercover investigative operation, and to operate such corporations or business entities on a commercial basis, without regard to section 9102 of title 31 of the United States Code, "(C) sums authorized to be appropriated for the Federal Bureau of Investigation and for the Drug Enforcement Administration for fiscal year 1996, and the proceeds from such undercover operation, may be deposited in banks or other financial institutions, without regard to section 648 of title 18 of the United States Code and section 3302 of title 31 of the United States Code, and "(D) proceeds from such undercover operation may be used to offset necessary and reasonable expenses incurred in such operation, without regard to section 3302 of title 31 of the United States Code, only, in operations designed to detect and prosecute crimes against the United States, upon the written certification of the Director of the Federal Bureau of Investigation (or, if designated by the Director, a member of the Undercover Operations Review Committee established by the Attorney General in the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations, as in effect on July 1, 1983) or the Administrator of the Drug Enforcement Administration, as the case may be, and the Attorney General (or, with respect to Federal Bureau of Investigation undercover operations, if designated by the Attorney General, a member of such Review Committee), that any action authorized by subparagraph (A), (B), (C), or (D) is necessary for the conduct of such undercover operation. If the undercover operation is designed to collect foreign intelligence or counterintelligence, the certification that any action authorized by subparagraph (A), (B), (C), or (D) is necessary for the conduct of such undercover operation shall be by the Director of the Federal Bureau of Investigation (or, if designated by the Director, the Assistant Director, Intelligence Division) and the Attorney General (or, if designated by the Attorney General, the Counsel for Intelligence Policy). Such certification shall continue in effect for the duration of such undercover operation, without regard to fiscal years. "(2) Notwithstanding paragraph (1), it shall not be necessary to obtain such certification for an undercover operation in order that proceeds or other money - "(A) received by an undercover agent from or at the direction of a subject of an investigation, or "(B) provided to an agent by an individual cooperating with the Government in an investigation, who received the proceeds or money from or at the direction of a subject of the investigation, may be used as a subject of the investigation directs without regard to section 3302 of title 31 of the United States Code: Provided, That the Director of the Federal Bureau of Investigation or the Administrator of the Drug Enforcement Administration, or their designees, in advance or as soon as practicable thereafter, make a written determination that such a use would further the investigation: And provided further, That the financial audit requirements of paragraphs (5) and (6) shall apply in each investigation where such a determination has been made. "(3) As soon as the proceeds from an undercover investigative operation with respect to which an action is authorized and carried out under subparagraphs (C) and (D) of paragraph (1), or under paragraph (2) are no longer necessary for the conduct of such operation, such proceeds or the balance of such proceeds remaining at the time shall be deposited in the Treasury of the United States as miscellaneous receipts. "(4) If a corporation or business entity established or acquired as part of an undercover operation under subparagraph (B) of paragraph (1) with a net value of over $50,000 is to be liquidated, sold, or otherwise disposed of, the Federal Bureau of Investigation or the Drug Enforcement Administration, as much in advance as the Director or the Administrator, or the designee of the Director or the Administrator, determines is practicable, shall report the circumstances to the Attorney General and the Comptroller General. The proceeds of the liquidation, sale, or other disposition, after obligations are met, shall be deposited in the Treasury of the United States as miscellaneous receipts. "(5)(A) The Federal Bureau of Investigation or the Drug Enforcement Administration, as the case may be, shall conduct a detailed financial audit of each undercover investigative operation which is closed in fiscal year 1996 - "(i) submit the results of such audit in writing to the Attorney General, and "(ii) not later than 180 days after such undercover operation is closed, submit a report to the Congress concerning such audit. "(B) The Federal Bureau of Investigation and the Drug Enforcement Administration shall each also submit a report annually to the Congress specifying as to their respective undercover investigative operations - "(i) the number, by programs, of undercover investigative operations pending as of the end of the one-year period for which such report is submitted, "(ii) the number, by programs, of undercover investigative operations commenced in the one-year period preceding the period for which such report is submitted, and "(iii) the number, by programs, of undercover investigative operations closed in the one-year period preceding the period for which such report is submitted and, with respect to each such closed undercover operation, the results obtained. With respect to each such closed undercover operation which involves any of the sensitive circumstances specified in the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations, such report shall contain a detailed description of the operation and related matters, including information pertaining to - "(I) the results, "(II) any civil claims, and "(III) identification of such sensitive circumstances involved, that arose at any time during the course of such undercover operation. "(6) For purposes of paragraph (5) - "(A) the term 'closed' refers to the earliest point in time at which - "(i) all criminal proceedings (other than appeals) are concluded, or "(ii) covert activities are concluded, whichever occurs later, "(B) the term 'employees' means employees, as defined in section 2105 of title 5 of the United States Code, of the Federal Bureau of Investigation, and "(C) the terms 'undercover investigative operations' and 'undercover operation' mean any undercover investigative operation of the Federal Bureau of Investigation or the Drug Enforcement Administration (other than a foreign counterintelligence undercover investigative operation) - "(i) in which - "(I) the gross receipts (excluding interest earned) exceed $50,000, or "(II) expenditures (other than expenditures for salaries of employees) exceed $150,000, and "(ii) which is exempt from section 3302 or 9102 of title 31 of the United States Code, except that clauses (i) and (ii) shall not apply with respect to the report required under subparagraph (B) of such paragraph." Similar provisions were contained in the following prior appropriation acts: Pub. L. 102-140, title I, Sec. 102(b)(4), (5), Oct. 28, 1991, 105 Stat. 793. Pub. L. 101-515, title II, Sec. 202(b)(4), (5), Nov. 5, 1990, 104

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