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, §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.

Statutory Notes and Related Subsidiaries

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 former section 313(3) and sections 121(g)(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.

Enterprise Architecture

Pub. L. 108–458, title VIII, §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, §203(f), Oct. 30, 2004, 118 Stat. 2271, which required the Department of Justice to notify Congress of plans to modify the CODIS system, was editorially reclassified as section 40721 of Title 34, Crime Control and Law Enforcement.

Morgan P. Hardiman Child Abduction and Serial Murder Investigative Resources Center

Pub. L. 105–314, title VII, §703(a)–(f), Oct. 30, 1998, 112 Stat. 2987–2989, establishing the Morgan P. Hardiman Child Abduction and Serial Murder Investigative Resources Center, was editorially reclassified as section 41502 of Title 34, Crime Control and Law Enforcement.

Federal Bureau of Investigation Funding Authorizations

Pub. L. 104–132, title VIII, §811, Apr. 24, 1996, 110 Stat. 1312, as amended by Pub. L. 106–546, §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 [34 U.S.C. 40702(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 [34 U.S.C. 40703(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."