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Online Attorney
abuse of children and the elderly.
"(c) Authorization of Appropriations. - There are authorized to
be appropriated in fiscal years 1989, 1990, 1991, and 1992, such
sums as are necessary to carry out the purposes of this section."
PARIMUTUEL LICENSING SIMPLIFICATION
Pub. L. 100-413, Aug. 22, 1988, 102 Stat. 1101, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Parimutuel Licensing
Simplification Act of 1988'.
"SEC. 2. SUBMISSION BY ASSOCIATION OF STATE REGULATORY OFFICIALS.
"(a) In General. - An association of State officials regulating
parimutuel wagering, designated for the purpose of this section by
the Attorney General, may submit fingerprints to the Attorney
General on behalf of any applicant for State license to participate
in parimutuel wagering. In response to such a submission, the
Attorney General may, to the extent provided by law, exchange, for
licensing and employment purposes, identification and criminal
history records with the State governmental bodies to which such
applicant has applied.
"(b) Definition. - As used in this section, the term 'State'
means a State of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or any territory or possession of the
United States.
"SEC. 3. EFFECTIVE DATE.
"This Act shall take effect on July 1, 1989."
FUNDS FOR EXCHANGE OF IDENTIFICATION RECORDS
Pub. L. 92-544, title II, Sec. 201, Oct. 25, 1972, 86 Stat. 1115,
provided that: "The funds provided for Salaries and Expenses,
Federal Bureau of Investigation, may be used hereafter, in addition
to those uses authorized thereunder, for the exchange of
identification records with officials or federally chartered or
insured banking institutions to promote or maintain the security of
those institutions, and, if authorized by State statute and
approved by the Attorney General, to officials of State and local
governments for purposes of employment and licensing, any such
exchange to be made only for the official use of any such official
and subject to the same restriction with respect to dissemination
as that provided for under the aforementioned appropriation."
-End-
-CITE-
28 USC Sec. 535 01/19/04
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION
-HEAD-
Sec. 535. Investigation of crimes involving Government officers and
employees; limitations
-STATUTE-
(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.
-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. 206, Nov. 2, 2002,
116 Stat. 1779.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Derivation U.S. Code Revised Statutes and
Statutes at Large
--------------------------------------------------------------------
5 U.S.C. 311a. Aug. 31, 1954, ch. 1143, Sec. 1,
68 Stat. 998.
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The section is reorganized for clarity and continuity.
In subsection (a), the word "may" is substituted for "shall have
authority". The word "is" is substituted for "may have been or may
hereafter be".
In subsection (c), the words "This section does not limit" are
substituted for "that the provisions of this section shall not
limit, in any way". The words "(chapter 47 of title 10)" are added
after "Uniform Code of Military Justice" to reflect the
codification of that Code in title 10, United States Code.
AMENDMENTS
2002 - Subsec. (a). Pub. L. 107-273 substituted "Federal criminal
law" for "title 18" in introductory provisions.
Subsec. (b). Pub. L. 107-273, in introductory provisions,
substituted "matter, or complaint witnessed, discovered, or" for
"or complaint" and "Federal criminal law" for "title 18" and
inserted "or the witness, discoverer, or recipient, as
appropriate," after "agency,".
-TRANS-
TRANSFER OF FUNCTIONS
Office of Postmaster General of Post Office Department abolished
and all functions, powers, and duties of Postmaster General
transferred to United States Postal Service by Pub. L. 91-375, Sec.
4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section
201 of Title 39, Postal Service.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 50 section 403q.
-End-
-CITE-
28 USC Sec. 536 01/19/04
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION
-HEAD-
Sec. 536. Positions in excepted service
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 617.)
-MISC1-
HISTORICAL AND REVISION NOTES
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Derivation U.S. Code Revised Statutes and
Statutes at Large
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5 U.S.C. 300d. Aug. 31, 1964, Pub. L. 88-527,
Sec. 201 (2nd par. under
"Federal Bureau of
Investigation"), 78 Stat. 718.
5 U.S.C. 341c July 28, 1950, ch. 503, Sec. 5
(last sentence). (last sentence), 4 Stat. 380.
--------------------------------------------------------------------
The section is revised and restated to eliminate ambiguity and
give true effect to the prohibition against the use of
appropriations to the Federal Bureau of Investigation. The language
used to define the excepted status of the positions, officers, and
employees is based on revised sections 2102 and 2103 of title 5,
United States Code.
The provisions of this section were made permanent by the Act of
July 28, 1950, 64 Stat. 380. Identical provisions appearing in
former section 300d of title 5 are derived from the Department of
Justice Appropriation Act, 1965, and earlier appropriation Acts for
the Department of Justice running back to 1942, which Acts are
identified in a note under former section 300d of title 5, U.S.C.
1964 ed.
-End-
-CITE-
28 USC Sec. 537 01/19/04
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION
-HEAD-
Sec. 537. Expenses of unforeseen emergencies of a confidential
character
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 617.)
-MISC1-
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
--------------------------------------------------------------------
5 U.S.C. 341c July 28, 1950, ch. 503, Sec. 5
(less last (less last sentence), 64 Stat.
sentence). 380.
--------------------------------------------------------------------
The section is revised and reorganized for clarity. The words
"now or hereafter provided" are omitted as unnecessary. The words
"for expenses of membership in the International Commission of
Criminal Police and" are omitted as obsolete. The Act of Aug. 27,
1958, Pub. L. 85-768, 72 Stat. 921 (22 U.S.C. 263a) authorizes the
Attorney General to accept and maintain, on behalf of the United
States, membership in the International Criminal Police
Organization, and to designate any departments and agencies which
may participate in the United States representation with that
organization; and authorizes each participating department and
agency to pay its pro rata share, as determined by the Attorney
General, of the expenses of such membership. The word "spent" is
substituted for "expended". The words "certify the amount spent
that he considers" are substituted for "make a certificate of the
amount of any such expenditure as he may think it". The words "his
certification is a sufficient voucher" are substituted for "and
every such certificate shall be deemed a sufficient voucher".
-End-
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28 USC Sec. 538 01/19/04
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION
-HEAD-
Sec. 538. Investigation of aircraft piracy and related violations
-STATUTE-
The Federal Bureau of Investigation shall investigate any
violation of section 46314 or chapter 465 of title 49.
-SOURCE-
(Added Pub. L. 103-272, Sec. 4(e)(1), July 5, 1994, 108 Stat.
1361.)
-End-
-CITE-
28 USC Sec. 539 01/19/04
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION
-HEAD-
Sec. 539. Counterintelligence official reception and representation
expenses
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 99-569, title IV, Sec. 401(a), Oct. 27, 1986, 100
Stat. 3195.)
-End-
-CITE-
28 USC Sec. 540 01/19/04
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TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION
-HEAD-
Sec. 540. Investigation of felonious killings of State or local law
enforcement officers
-STATUTE-
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.
-SOURCE-
(Added Pub. L. 100-690, title VII, Sec. 7331(a), Nov. 18, 1988, 102
Stat. 4468.)
-End-
-CITE-
28 USC Sec. 540A 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION
-HEAD-
Sec. 540A. Investigation of violent crimes against travelers
-STATUTE-
(a) In General. - 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) Foreign Travelers. - 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) Definitions. - 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.
-SOURCE-
(Added Pub. L. 103-322, title XXXII, Sec. 320916(a), Sept. 13,
1994, 108 Stat. 2129; amended Pub. L. 104-294, title VI, Sec.
604(b)(21), Oct. 11, 1996, 110 Stat. 3507.)
-MISC1-
AMENDMENTS
1996 - Subsec. (c). Pub. L. 104-294 designated three undesignated
pars. as pars. (1) to (3).
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see
section 604(d) of Pub. L. 104-294, set out as a note under section
13 of Title 18, Crimes and Criminal Procedure.
-End-
-CITE-
28 USC Sec. 540B 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION
-HEAD-
Sec. 540B. Investigation of serial killings
-STATUTE-
(a) In General. - 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) Definitions. - In this section:
(1) Killing. - The term "killing" means conduct that would
constitute an offense under section 1111 of title 18, United
States Code, if Federal jurisdiction existed.
(2) Serial killings. - 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) State. - The term "State" means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
-SOURCE-
(Added Pub. L. 105-314, title VII, Sec. 701(a), Oct. 30, 1998, 112
Stat. 2986.)
-End-
-CITE-
28 USC Sec. 540C 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 33 - FEDERAL BUREAU OF INVESTIGATION
-HEAD-
Sec. 540C. FBI police
-STATUTE-
(a) Definitions. - In this section:
(1) Director. - The term "Director" means the Director of the
Federal Bureau of Investigation.
(2) FBI buildings and grounds. -
(A) In general. - 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) Inclusion. - The term "FBI buildings and grounds"
includes adjacent streets and sidewalks not to exceed 500 feet
from such property.
(3) FBI police. - The term "FBI police" means the permanent
police force established under subsection (b).
(b) Establishment of FBI Police; Duties. -
(1) In general. - Subject to the supervision of the Attorney
General, the Director may establish a permanent police force, to
be known as the FBI police.
(2) Duties. - 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) Uniformed representative. - 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) Authority. -
(A) In general. - 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) Exception. - The authority and policing powers of FBI
police under this paragraph shall not include the service of
civil process.
(5) Pay and benefits. -
(A) In general. - 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) Application. - 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) Authority of Metropolitan Police Force. - This section does
not affect the authority of the Metropolitan Police Force of the
District of Columbia with respect to FBI buildings and grounds.
-SOURCE-
(Added Pub. L. 107-273, div. C, title I, Sec. 11024(a), Nov. 2,
2002, 116 Stat. 1830.)
-MISC1-
PRIOR PROVISIONS
Another section 540C, added Pub. L. 107-306, title VIII, Sec.
824(a), Nov. 27, 2002, 116 Stat. 2428, related to annual report on
activities of Federal Bureau of Investigation personnel outside the
United States. Pub. L. 108-177, title III, Sec. 361(i), (n), Dec.
13, 2003, 117 Stat. 2625, 2626, which, under the heading "Annual
Report on Activities of FBI Personnel Outside the United States",
directed the repeal of section 540C of title 28, effective Dec. 31,
2003, was executed by repealing the section 540C added by Pub. L.
107-306, to reflect the probable intent of Congress.
-TRANS-
TRANSFER OF FUNCTIONS
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.
-End-
-CITE-
28 USC CHAPTER 35 - UNITED STATES ATTORNEYS 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 35 - UNITED STATES ATTORNEYS
-HEAD-
CHAPTER 35 - UNITED STATES ATTORNEYS
-MISC1-
Sec.
541. United States attorneys.
542. Assistant United States attorneys.
543. Special attorneys.
544. Oath of office.
545. Residence.
546. Vacancies.
547. Duties.
548. Salaries.
549. Expenses.
550. Clerical assistants, messengers, and private process
servers.
AMENDMENTS
1990 - Pub. L. 101-647, title XXXVI, Sec. 3626(b), Nov. 29, 1990,
104 Stat. 4965, substituted "Clerical assistants, messengers, and
private process servers" for "Clerical assistants and messengers"
in item 550.
1966 - Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80 Stat. 617,
added chapter 35 and items 541 to 550.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in title 48 sections 1424b, 1617,
1821.
-End-
-CITE-
28 USC Sec. 541 01/19/04
-EXPCITE-
TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE
PART II - DEPARTMENT OF JUSTICE
CHAPTER 35 - UNITED STATES ATTORNEYS
-HEAD-
Sec. 541. United States attorneys
-STATUTE-
(a) The President shall appoint, by and with the advice and
consent of the Senate, a United States attorney for each judicial
district.
(b) Each United States attorney shall be appointed for a term of
four years. On the expiration of his term, a United States attorney
shall continue to perform the duties of his office until his
successor is appointed and qualifies.
(c) Each United States attorney is subject to removal by the
President.
-SOURCE-
(Added Pub. L. 89-554, Sec. 4(c), Sept. 6, 1966, 80
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