Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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verified on Title 42's 8,356 sections); make check green. make
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---
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title: "28 U.S.C. § 534"
description: "Acquisition, preservation, and exchange of identification records and information; appointment of officials"
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title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
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chapter_name: "FEDERAL BUREAU OF INVESTIGATION"
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---
# 28 U.S.C. § 534 - Acquisition, preservation, and exchange of identification records and information; appointment of officials
## Text
(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) Indian Law Enforcement Agencies.— (1) In general.— 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) Tribal Access Program.— (A) In general.— 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) Authorization of appropriations.— 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) Information sharing.— 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.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 616; amended Pub. L. 97292, §§ 2, 3(a), Oct. 12, 1982, 96 Stat. 1259; Pub. L. 100690, title VII, § 7333, Nov. 18, 1988, 102 Stat. 4469; Pub. L. 103322, title IV, § 40601(a), Sept. 13, 1994, 108 Stat. 1950; Pub. L. 107273, div. A, title II, § 204(c), div. B, title IV, § 4003(b)(4), div. C, title I, § 11004, Nov. 2, 2002, 116 Stat. 1776, 1811, 1816; Pub. L. 109162, title I, § 118, title IX, § 905(a), Jan. 5, 2006, 119 Stat. 2989, 3079; Pub. L. 109248, title I, § 153(i), July 27, 2006, 120 Stat. 611; Pub. L. 111211, title II, § 233(a), July 29, 2010, 124 Stat. 2279; Pub. L. 111369, § 2, Jan. 4, 2011, 124 Stat. 4068; Pub. L. 117103, div. W, title VIII, § 802(b), Mar. 15, 2022, 136 Stat. 898; Pub. L. 117159, div. A, title II, § 12004(h)(2), June 25, 2022, 136 Stat. 1331.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 300 (as applicable to acquisition etc. of identification and other records).Aug. 31, 1964, Pub. L. 88527, § 201 (1st 105 words of 1st par. under “Federal Bureau of Investigation”, as applicable to acquisition etc. of identification and other records), 78 Stat. 717.  5 U.S.C. 340.June 11, 1930, ch. 455, 46 Stat. 554. The sections are combined and reorganized for clarity. Former section 300 of title 5 was from the Department of Justice Appropriation Act, 1965. Similar provisions were contained in each appropriation Act for the Department of Justice running back to 1921, which Acts are identified in a note under former section 300 of title 5, U.S.C. 1964 ed. In subsection (a), the word “shall” is substituted for “has the duty” as a more direct expression. The function of acquiring, collecting, classifying, etc., referred to in former section 340 of title 5 was transferred to the Attorney General by 1950 Reorg., Plan No. 2, § 1, eff. May 24, 1950, 64 Stat. 1261, which is codified in section 509 of this title. Accordingly, the first 29 words and last 30 words of former section 340 are omitted as unnecessary. In subsection (c), the authority to appoint officials for the cited purposes is implied.
Editorial Notes
Amendments2022—Subsec. (a)(5). Pub. L. 117159, § 12004(h)(2)(A), added par. (5). Subsec. (b). Pub. L. 117159, § 12004(h)(2)(B), inserted “, except for dissemination authorized under subsection (a)(5) of this section” before period at end. Subsec. (d). Pub. L. 117103 designated existing provisions as par. (1), inserted par. (1) heading, redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), realigned margins, and added pars. (2) and (3). 2011—Subsec. (a)(4). Pub. L. 111369 inserted “, including State sentencing commissions” after “, the States”. 2010—Subsec. (a)(4). Pub. L. 111211, § 233(a)(1), inserted “Indian tribes,” after “the States,”. Subsec. (d). Pub. L. 111211, § 233(a)(2), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows: “The Attorney General shall permit Indian law enforcement agencies, in cases of domestic violence, dating violence, sexual assault, and stalking, to enter information into Federal criminal information databases and to obtain information from the databases.” Subsec. (e). Pub. L. 111211, § 233(a)(3), which directed redesignation of “the second subsection (e)” as (f), could not be executed because only one subsec. (e) appeared subsequent to amendment by Pub. L. 109248. See 2006 Amendment note below. Subsec. (f)(2). Pub. L. 111211, § 233(a)(4), which directed amendment of par. (2) of subsec. (f) as redesignated by Pub. L. 111211 by inserting “, tribal,” after “Federal” in introductory provisions, was executed by making the insertion in par. (2) of subsec. (f) as redesignated by Pub. L. 109248, to reflect the probable intent of Congress. 2006—Subsec. (d). Pub. L. 109162, § 905(a)(2), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 109248 redesignated subsec. (e), relating to information from national crime information databases, as (f). Pub. L. 109162, § 905(a)(1), redesignated subsec. (d), relating to the term “other institutions”, as (e). Subsec. (e)(3)(B). Pub. L. 109162, § 118, added subpar. (B) and struck out former subpar. (B) which read as follows: “the term protection order includes an injunction or any other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil or criminal courts (other than support or child custody orders) 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.” Subsec. (f). Pub. L. 109248 redesignated subsec. (e), relating to information from national crime information databases, as (f). 2002—Subsec. (a)(3). Pub. L. 107273, §§ 204(c) and 4003(b)(4), amended par. (3) identically, inserting “and” at end. Subsec. (a)(4). Pub. L. 107273, § 11004, added par. (4) and struck out former par. (4) which read as follows: “exchange such records and information with, and for the official use of, authorized officials of the Federal Government, the States, cities, and penal and other institutions.” 1994—Subsec. (e). Pub. L. 103322 added subsec. (e). 1988—Subsec. (d). Pub. L. 100690 added subsec. (d). 1982—Pub. L. 97292, § 3(a), inserted “and information” after “identification records” in section catchline. Subsec. (a). Pub. L. 97292, § 2(a), added pars. (2) and (3), redesignated former par. (2) as (4), and substituted “exchange such records and information” for “exchange these records” in par. (4). Subsec. (b). Pub. L. 97292, § 2(b), substituted “exchange of records and information authorized by subsection (a)(4)” for “exchange of records authorized by subsection (a)(2)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentAmendment by Pub. L. 117103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.
RegulationsPub. L. 103322, title IV, § 40601(b), Sept. 13, 1994, 108 Stat. 1951, provided that: “The Attorney General may make rules to carry out the subsection added to section 534 of title 28, United States Code, by subsection (a), after consultation with the officials charged with managing the National Crime Information Center and the Criminal Justice Information Services Advisory Policy Board.”
Statutory Construction; EvidencePub. L. 117159, div. A, title II, § 12004(h)(4), June 25, 2022, 136 Stat. 1331, provided that: “(A) Statutory construction.—Nothing in this subsection [amending this section and section 40901 of Title 34, Crime Control and Law Enforcement, and enacting provisions set out as a note preceding section 41101 of Title 34] or the amendments made by this subsection shall be construed—“(i) to create a cause of action against any person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code, or any other person for any civil liability; or “(ii) to establish any standard of care. “(B) Evidence.—Notwithstanding any other provision of law, evidence regarding the use or non-use by a person licensed as an importer, manufacturer, or dealer of firearms under chapter 44 of title 18, United States Code, of the systems, information, or records made available under this subsection or the amendments made by this subsection shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity.” Nothing in amendment made by Pub. L. 117159 to be construed to allow the establishment of a Federal system of registration of firearms, firearms owners, or firearms transactions or dispositions, see section 12004(k) of Pub. L. 117159, set out as a Rule of Construction note under section 922 of Title 18, Crimes and Criminal Procedure.
Improving Department of Justice Data Collection on Mental Illness Involved in CrimePub. L. 114255, div. B, title XIV, § 14015, Dec. 13, 2016, 130 Stat. 1306, which requires inclusion of data with respect to the involvement of mental illness in incidences of certain crimes in data prepared by or submitted to the Attorney General or the FBI Director, was editorially reclassified as section 41311 of Title 34, Crime Control and Law Enforcement.
Access to National Crime Information DatabasesPub. L. 111211, title II, § 233(b), July 29, 2010, 124 Stat. 2279, which requires the Attorney General to ensure that tribal law enforcement officials that meet applicable Federal or State requirements be permitted access to national crime information databases, was editorially reclassified as section 41107 of Title 34, Crime Control and Law Enforcement.
Additional Reporting on CrimePub. L. 110457, title II, § 237(a), (b), Dec. 23, 2008, 122 Stat. 5083, which relates to reporting on human trafficking, was editorially reclassified as section 41309 of Title 34, Crime Control and Law Enforcement.
Tribal RegistryPub. L. 109162, title IX, § 905(b), Jan. 5, 2006, 119 Stat. 3080, as amended by Pub. L. 1134, title IX, § 907(b), Mar. 7, 2013, 127 Stat. 125, which directed the Attorney General to establish and maintain a national tribal sex offender registry along with interested tribal organizations, was editorially reclassified as section 20903 of Title 34, Crime Control and Law Enforcement.
National Gang Intelligence CenterPub. L. 109162, title XI, § 1107, Jan. 5, 2006, 119 Stat. 3093, as amended by Pub. L. 111211, title II, § 251(a), July 29, 2010, 124 Stat. 2297, providing for the establishment of the National Gang Intelligence Center, was editorially reclassified as section 41507 of Title 34, Crime Control and Law Enforcement.
Reviews of Criminal Records of Applicants for Private Security Officer EmploymentPub. L. 108458, title VI, § 6402, Dec. 17, 2004, 118 Stat. 3755, known as the Private Security Officer Employment Authorization Act of 2004, was editorially reclassified as section 41106 of Title 34, Crime Control and Law Enforcement.
Criminal Background Checks for Applicants for Employment in Nursing Facilities and Home Health Care AgenciesPub. L. 105277, div. A, § 101(b) [title I, § 124], Oct. 21, 1998, 112 Stat. 268150, 268173, which authorizes a nursing facility or home health care agency to submit a request to the Attorney General to conduct a search and exchange of criminal history records regarding an applicant for employment if the employment position is involved in direct patient care, was editorially reclassified as section 41105 of Title 34, Crime Control and Law Enforcement.
Compilation of Statistics Relating to Intimidation of Government EmployeesPub. L. 104132, title VIII, § 808, Apr. 24, 1996, 110 Stat. 1310, which required Attorney General to collect data for the calendar year 1990 and each succeeding calendar year, relating to crimes and incidents of threats of violence and acts of violence against Federal, State, and local government employees and their families in the performance of their lawful duties, and to annually publish a summary of the data collected to be used only for research and statistical purposes, was repealed by Pub. L. 107273, div. A, title III, § 311(a), Nov. 2, 2002, 116 Stat. 1786.
National Crime Information Center Project 2000Pub. L. 101647, title VI, subtitle B, Nov. 29, 1990, 104 Stat. 4823, provided that: “SEC. 611. SHORT TITLE.“This section [subtitle] may be cited as the National Law Enforcement Cooperation Act of 1990. “SEC. 612. FINDINGS.“The Congress finds that—“(1) cooperation among Federal, State and local law enforcement agencies is critical to an effective national response to the problems of violent crime and drug trafficking in the United States; “(2) the National Crime Information Center, which links more than 16,000 Federal, State and local law enforcement agencies, is the single most important avenue of cooperation among law enforcement agencies; “(3) major improvements to the National Crime Information Center are needed because the current system is more than twenty years old; carries much greater volumes of enforcement information; and at this time is unable to incorporate technological advances that would significantly improve its performance; and “(4) the Federal Bureau of Investigation, working with State and local law enforcement agencies and private organizations, has developed a promising plan, NCIC 2000, to make the necessary upgrades to the National Crime Information Center that should meet the needs of United States law enforcement agencies into the next century. “SEC. 613. AUTHORIZATION OF APPROPRIATIONS.“There are authorized to be appropriated the following sums to implement the NCIC 2000 project:“(1) $17,000,000 for fiscal year 1991; “(2) $25,000,000 for fiscal year 1992; “(3) $22,000,000 for fiscal year 1993; “(4) $9,000,000 for fiscal year 1994; and “(5) such sums as may be necessary for fiscal year 1995. “SEC. 614. REPORT.“By February 1 of each fiscal year for which funds for NCIC 2000 are requested, the Director of the Federal Bureau of Investigation shall submit a report to the Committees on the Judiciary of the Senate and House of Representatives that details the progress that has been made in implementing NCIC 2000 and a complete justification for the funds requested in the following fiscal year for NCIC 2000.”
FBI Fees To Process Fingerprint Identification Records and Name ChecksPub. L. 101515, title II, Nov. 5, 1990, 104 Stat. 2112, as amended by section 113 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. 10491, title I, § 101(a), Jan. 6, 1996, 110 Stat. 11, as amended by Pub. L. 10499, title II, § 211, Jan. 26, 1996, 110 Stat. 37, which authorized the FBI Director to establish and collect fees to process fingerprint identification records and name checks for non-criminal justice, non-law enforcement employment and licensing purposes and for certain employees of private sector contractors with classified Government contracts, was editorially reclassified as section 41104 of Title 34, Crime Control and Law Enforcement.
Hate Crime StatisticsPub. L. 101275, Apr. 23, 1990, 104 Stat. 140, as amended by Pub. L. 103322, title XXXII, § 320926, Sept. 13, 1994, 108 Stat. 2131; Pub. L. 104155, § 7, July 3, 1996, 110 Stat. 1394; Pub. L. 11184, div. E, § 4708, Oct. 28, 2009, 123 Stat. 2841, known as the Hate Crimes Statistics Act, consisting of sections 1 and 2, was editorially reclassified to Title 34, Crime Control and Law Enforcement. Section 1 was editorially reclassified as section 41305 of Title 34. Section 2 was editorially reclassified as a note under section 41305 of Title 34.
Uniform Federal Crime Reporting Act of 1988Pub. L. 100690, title VII, § 7332, Nov. 18, 1988, 102 Stat. 4468, known as the Uniform Federal Crime Reporting Act of 1988, was editorially reclassified as section 41303 of Title 34, Crime Control and Law Enforcement.
Family and Domestic Violence; Data Collection and ReportingPub. L. 100690, title VII, § 7609, Nov. 18, 1988, 102 Stat. 4517, which required inclusion of certain data relating to the victim in uniform crime reports by the Attorney General and publication of domestic violence data by the Director of the Bureau of Justice Statistics, was editorially reclassified as section 41304 of Title 34, Crime Control and Law Enforcement.
Parimutuel Licensing SimplificationPub. L. 100413, Aug. 22, 1988, 102 Stat. 1101, known as the Parimutuel Licensing Simplification Act of 1988, consisting of sections 1 to 3, was editorially reclassified to Title 34, Crime Control and Law Enforcement. Section 1 was editorially reclassified as a Short Title of 1988 Act note under section 10101 of Title 34. Section 2 was editorially reclassified as section 41102 of Title 34. Section 3 was editorially reclassified as an Effective Date note under section 41102 of Title 34.
Funds for Exchange of Identification RecordsPub. L. 92544, title II, Oct. 25, 1972, 86 Stat. 1115, which provided funds for the exchange of identification records, was editorially reclassified as section 41101 of Title 34, Crime Control and Law Enforcement.
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# 28 U.S.C. § 535 - Investigation of crimes involving Government officers and employees; limitations
## Text
(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.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 616; amended Pub. L. 107273, div. A, title II, § 206, Nov. 2, 2002, 116 Stat. 1779.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 311a.Aug. 31, 1954, ch. 1143, § 1, 68 Stat. 998. 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.
Editorial Notes
Amendments2002—Subsec. (a). Pub. L. 107273 substituted “Federal criminal law” for “title 18” in introductory provisions. Subsec. (b). Pub. L. 107273, 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,”.
Statutory Notes and Related Subsidiaries
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. 91375, § 4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section 201 of Title 39, Postal Service.
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# 28 U.S.C. § 536 - Positions in excepted service
## Text
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.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 617.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 300d.Aug. 31, 1964, Pub. L. 88527, § 201 (2nd par. under “Federal Bureau of Investigation”), 78 Stat. 718.  5 U.S.C. 341c (last sentence).July 28, 1950, ch. 503, § 5 (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.
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# 28 U.S.C. § 537 - Expenses of unforeseen emergencies of a confidential character
## Text
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.
(Added Pub. L. 89554, § 4(c), Sept. 6, 1966, 80 Stat. 617.)
## Notes
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large  5 U.S.C. 341c (less last sentence).July 28, 1950, ch. 503, § 5 (less last sentence), 64 Stat. 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. 85768, 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”.
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# 28 U.S.C. § 538 - Investigation of aircraft piracy and related violations
## Text
The Federal Bureau of Investigation shall investigate any violation of section 46314 or chapter 465 of title 49.
(Added Pub. L. 103272, § 4(e)(1), July 5, 1994, 108 Stat. 1361.)
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# 28 U.S.C. § 539 - Counterintelligence official reception and representation expenses
## Text
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.
(Added Pub. L. 99569, title IV, § 401(a), Oct. 27, 1986, 100 Stat. 3195.)
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# 28 U.S.C. § 540 - Investigation of felonious killings of State or local law enforcement officers
## Text
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.
(Added Pub. L. 100690, title VII, § 7331(a), Nov. 18, 1988, 102 Stat. 4468.)
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# 28 U.S.C. § 540A - Investigation of violent crimes against travelers
## Text
(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.
(Added Pub. L. 103322, title XXXII, § 320916(a), Sept. 13, 1994, 108 Stat. 2129; amended Pub. L. 104294, title VI, § 604(b)(21), Oct. 11, 1996, 110 Stat. 3507.)
## Notes
Editorial Notes
Amendments1996—Subsec. (c). Pub. L. 104294 designated three undesignated pars. as pars. (1) to (3).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104294, set out as a note under section 13 of Title 18, Crimes and Criminal Procedure.
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# 28 U.S.C. § 540B - Investigation of serial killings
## Text
(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.
(Added Pub. L. 105314, title VII, § 701(a), Oct. 30, 1998, 112 Stat. 2986.)
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# 28 U.S.C. § 540C - FBI police
## Text
(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.
(Added Pub. L. 107273, div. C, title I, § 11024(a), Nov. 2, 2002, 116 Stat. 1830.)
## Notes
Editorial Notes
Prior ProvisionsAnother section 540C, added Pub. L. 107306, title VIII, § 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. 108177, title III, § 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. 107306, to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
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.
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# 28 U.S.C. § 540D - Multidisciplinary teams
## Text
(a) Definitions.— 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 childrens advocacy center personnel” means childrens advocacy center staff that regularly participate in multidisciplinary child support settings, including the director of the childrens 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) FBI Victim Support Requirements.— (1) In general.— 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 childrens advocacy center.
(2) Use and coordination.— The Director shall use and coordinate with childrens advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1).
(3) Childrens advocacy centers.— The Director—
(A) may work with childrens advocacy centers to implement a multidisciplinary team approaches 11 So in original. for purposes of covered investigations; and
(B) shall allow, facilitate, and encourage multidisciplinary teams to collaborate with a childrens 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) Report.— 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) Memoranda of understanding.— The Director shall seek to enter into a memorandum of understanding with a reputable national accrediting organization for childrens advocacy centers—
(A) under which—
(i) the childrens 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) Functions.— 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) Personnel.— (1) In general.— 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 childrens advocacy center personnel, with respect to covered investigations in which the childrens advocacy center or personnel of the childrens advocacy center were used in the course of the covered investigation.
(F) Prosecutors, as appropriate.
(2) Expertise and training.— (A) In general.— 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) Requirement.— The training and expertise required under subparagraph (A) shall include training and expertise on special victims crimes, including child sexual abuse.
(e) Sharing of Information.— (1) Access to information.— (A) In general.— Subject to subparagraphs (B) and (C), relevant childrens 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) Included information.— The case information described in subparagraph (A) to which relevant childrens 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 childrens advocacy centers 1 as a part of the standards of practice of the childrens advocacy center; and
(C) Exempt information.— 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 childrens advocacy center.
(2) Sharing information with fbi.— Childrens 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) Security clearances.— (A) In general.— The Federal Bureau of Investigation may provide security clearances to relevant childrens 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) Authorization of appropriations.— There is authorized to be appropriated such sums as are necessary to carry out subparagraph (A).
(f) Use of Teams.— 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) Case Review by Multidisciplinary Team.— 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) Availability of Advocates.— 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) Rules of Construction.— (1) Investigative authority.— 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) Protecting investigations.— 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.
(Added Pub. L. 117354, § 2(a), Jan. 5, 2023, 136 Stat. 6270.)