28 U.S.C. § 532 Director of the Federal Bureau of Investigation

• Library: United States Statutes
• Edition: 2023 Edition
• Currency: Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023)

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.

Cite as 28 U.S.C. § 532

Source: Added Pub. L. 89-554, §4(c), Sept. 6, 1966, 80 Stat. 616.

current through 5/22/2023

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.

STATUTORY NOTES AND RELATED SUBSIDIARIES

LIMITATION ON PROCUREMENT BY FEDERAL BUREAU OF INVESTIGATION OF PEOPLE'S REPUBLIC OF CHINA PRODUCTS AND SERVICES

Pub. L. 117-103, div. X, title IV, §414, Mar. 15, 2022, 136 Stat. 977, provided that:

"(a) SECURITY ASSESSMENT.-The Director of the Federal Bureau of Investigation may not procure a People's Republic of China product or service unless, before such procurement-

"(1) the Federal Bureau of Investigation conducts a security assessment of such product or service, including with respect to any physical, counterintelligence, or cyber vulnerabilities;

"(2) there is included in the process of conducting such security assessment a formal mechanism through which input shall be submitted by the Counterintelligence Division and Cyber Division of the Federal Bureau of Investigation regarding such security assessment, including with respect to any such vulnerabilities; and

"(3) the Director (or a designee of the Director) approves a recommendation, based on the results of such security assessment, to procure such product or service.

"(b) SUBMISSION.-Not later than 30 days after the date on which the Director (or a designee of the Director, as applicable) approves a recommendation pursuant to subsection (a)(3), the Director shall submit to the appropriate congressional committees the recommendation and a copy of the security assessment upon which the recommendation was based.

"(c) DEFINITIONS.-In this section:

"(1) APPROPRIATE CONGRESSIONAL COMMITTEES.-The term 'appropriate congressional committees' means-

"(A) the congressional intelligence committees; and

"(B) the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the House of Representatives and the Senate.

"(2) PEOPLE'S REPUBLIC OF CHINA PRODUCT OR SERVICE.-The term 'People's Republic of China product or service' means an information or communication technology product manufactured in China, Hong Kong, or Macau, or a product or service provided by an entity that is fully or partially owned or controlled by, or otherwise connected to, the government of China."

[For definition of "congressional intelligence committees" as used in section 414 of div. X of Pub. L. 117-103 set out above, see section 2 of div. X of Pub. L. 117-103 set out as a note under section 3003 of Title 50, War and National Defense.]

COUNTERINTELLIGENCE UNITS AT NON-INTELLIGENCE COMMUNITY FEDERAL DEPARTMENTS AND AGENCIES

Pub. L. 117-103, div. X, title IV, §415, Mar. 15, 2022, 136 Stat. 978, provided that:

"(a) ESTABLISHMENT.-The Director of the Federal Bureau of Investigation shall establish counterintelligence units in the departments and agencies described in subsection (b). Such units shall be composed of officers of the Counterintelligence Division of the Federal Bureau of Investigation.

"(b) DEPARTMENTS AND AGENCIES DESCRIBED.-The departments and agencies described in this subsection are the following departments and agencies of the United States Government:

"(1) The Department of Agriculture.

"(2) Any other department or agency that the Director, in coordination with the Director of National Intelligence, determines appropriate.

"(c) DUTIES.-The Director of the Federal Bureau of Investigation shall ensure that each counterintelligence unit established under subsection (a) in a department or agency described in subsection (b) carries out the following duties:

"(1) Conducts assessments, in coordination with the leadership of the department or agency, to determine the counterintelligence posture of the department or agency, including any components thereof.

"(2) Informs and consults with the leadership of the department or agency, including any components thereof, and provides recommendations with respect to any counterintelligence threats identified by the intelligence community.