Laws

AUTHENTICATED
U.S.COVERNMENT
INFORMATIOI

§50.12

28 CFR Ch. I (7-1-13 Edition)

(4) Any information obtained as a re

sult of a subpoena issued for telephone
toll records shall be closely held so as

all facts necessary for determination of
the issues by the Attorney General. A
copy of the request shall be sent to the

to prevent disclosure of the informa

Director of Public Affairs.

tion to unauthorized persons or for im

(1) When an arrest or questioning of a
member of the news media is necessary

proper purposes.

(h) No member of the Department
shall subject a member of the news
media to questioning as to any offense

which he is suspected of having com
mitted in the course of, or arising out
of, the coverage or investigation of a

before prior authorization of the Attor
ney General can be obtained, notifica

tion of the arrest or questioning, the
circumstances demonstrating that an
exception to the requirement of prior

news story, or while engaged in the

authorization existed, and a statement
containing the information that would

performance of his official duties as a

have been given in requesting prior au

member of the news media, without the

express authority of the Attorney Gen
eral: Provided, however, That where exi
gent circumstances preclude prior ap
proval, the requirements of paragraph
(1) of this section shall be observed.

thorization, shall be communicated im

mediately to the Attorney General and
to the Director of Public Affairs.

(m) In light of the intent of this sec

tion to protect freedom of the press,
news gathering functions, and news
media sources, this policy statement

(i) A member of the Department shall
secure the express authority of the At

does not apply to demands for purely

torney General before a warrant for an

commercial

or

financial

information

arrest is sought, and whenever possible
before an arrest not requiring a war

unrelated to the news gathering func

rant, of a member of the news media

(n) Failure to obtain the prior ap
proval of the Attorney General may

tion.

for any offense which he is suspected of
having committed in the course of, or
arising out of, the coverage or inves
tigation of a news story, or while en

constitute grounds for an administra

tive reprimand or other appropriate
disciplinary action. The principles set

gaged in the performance of his official
duties as a member of the news media.

forth in this section are not intended

to create or recognize any legally en
forceable right in any person.

(j) No member of the Department
shall present information to a grand
jury seeking a bill of indictment, or •
file an information, against a member

[Order No. 916-80, 45 FR 76436. Nov. 19. 1980]

of the news media for any offense
which he is suspected of having com
mitted in the course of, or arising out

§50.12

of, the coverage or investigation of a

tion, hereinafter referred to as the FBI.
is authorized to expend funds for the
exchange of identification records with
officials of federally chartered or in

Exchange of FBI identification

records.

(a) The Federal Bureau of Investiga

news story, or while engaged in the
performance of his official duties as a

member of the news media, without the
express authority of the Attorney Gen

sured banking institutions to promote
or maintain the security of those insti
tutions and. if authorized by state stat
ute and approved by the Director of the

eral.

(k) In requesting the Attorney Gen
eral's authorization to question, to ar
rest or to seek an arrest warrant for, or

FBI, acting on behalf of the Attorney

to present information to a grand jury

General,

seeking a bill of indictment or to file

local governments for purposes of em
ployment and licensing, pursuant to
section 201 of Public Law 92-544, 86
Stat. 1115. Also, pursuant to 15 U.S.C.
78q, 7 U.S.C. 21 (b)(4)(E), and 42 U.S.C.
2169, respectively, such records can be
exchanged with certain segments of the
securities industry, with registered fu

an information against, a member of
the news media for an offense which he

is suspected of having committed dur
ing the course of, or arising out of, the
coverage or investigation of a news
story, or committed while engaged in
the performance of his official duties
as

a

member of the

news media,

a

with

officials

tures associations,

member of the Department shall state

of state

and

and with nuclear

power plants. The records also may be
1(i

Department of Justice

§50.14

exchanged in other instances as au
thorized by federal law.

its responsibilities under Federal law

(b) The FBI Director is authorized by
28 CFR 0.85(j) to approve procedures re
lating to the exchange of identification
records. Under this authority, effective

tunity.

September 6, 1990, the FBI Criminal

Justice

Information

Services

(CJIS)

Division has made all data on identi

fication records available for such pur
poses. Records obtained under this au

thority may be used solely for the pur

relating to equal employment oppor
Uniform Guidelines on Employee

Selection Procedures (1978)
Note: These guidelines are issued jointly
by four agencies. Separate official adoptions
follow the guidelines in this part IV as fol
lows: Civil Service Commission, Department
of Justice, Equal Employment Opportunity

pose requested and cannot be dissemi

Commission, Department of Labor.
For official citation see section 18 of these

nated

guidelines.

outside

the

receiving

depart

ments, related agencies, or other au

Table of Contents

thorized entities. Officials at the gov
ernmental institutions and other enti

g e n e r a l principles

ties authorized to submit fingerprints
and receive FBI identification records

under this authority must notify the
individuals fingerprinted that the fin
gerprints will be used to check the
criminal history records of the FBI.
The officials making the determination

of suitability for licensing or employ
ment shall provide the applicants the
opportunity to complete, or challenge
the accuracy of, the information con

1. Statement of Purpose
A. Need for Uniformity—Issuing Agencies
B. Purpose of Guidelines
C. Relation to Prior Guidelines

2. Scope
A. Application of Guidelines
B. Employment Decisions
C. Selection Procedures
D. Limitations

E. Indian Preference Not Affected

3. Discrimination Defined: Relationship Be
tween Use of Selection Procedures and

tained in the FBI identification record.

Discrimination

These officials also must advise the ap
plicants that procedures for obtaining
a change, correction, or updating of an

A. Procedure Having Adverse Impact Con

FBI identification record are set forth

B. Consideration of Suitable Alternative
Selection Procedures

in 28 CFR 16.34. Officials making such
determinations should not deny the li
mation in the record until the appli
reasonable

C.

time to correct or complete the record,

Evaluation

of

Selection

Rates.

The

"Bottom Line"

or has declined to do so. A statement

D. Adverse Impact And The "Four-Fifths

incorporating these use-and-challenge

Rule"

E. Consideration of User's Equal Employ

requirements will be placed on all
records disseminated under this pro

ment Opportunity Posture
5. General Standards for Validity Studies
A. Acceptable types of Validity Studies
B. Criterion-Related, Content, and Con

gram. This policy is intended to ensure
that all relevant criminal record infor

mation is made available to provide for
the public safety and, further, to pro
tect the interests of the prospective
employee/licensee who may be affected

struct Validity
C. Guidelines Are Consistent with Profes
sional Standards

D. Need For Documentation of Validity
E. Accuracy and Standardization
F. Caution Against Selection on Basis of
Knowledges.
Skills
or
Abilities
Learned in Brief Orientation Period
G. Method of Use of Selection Procedures

by the information or lack of informa
tion in an identification record.

[Order No. 2258-99. 64 FR 52229, Sept. 28. 1999]

S50.14

fied

4. Information on Impact
A. Records Concerning Impact
B. Applicable Race, Sex and Ethnic Groups
For Record Keeping

cense or employment based on infor

cant has been afforded a

stitutes Discrimination Unless Justi

Guidelines on employee selec

H. Cutoff Scores

tion procedures.

I. Use of Selection Procedures for Higher
Level Jobs

The guidelines set forth below are in

J. Interim Use of Selection Procedures

tended as a statement of policy of the

K. Review of Validity Studies for Currency

Department of Justice and will be ap
plied by the Department in exercising

6. Use of Selection Procedures Which Have
Not Been Validated

47

AUTHENTICATED

U.S.COVERNME
INFORMATICS

Department of Justice

§20.33

and any other authorized entities re
questing
fingerprint
identification
records

and

name

checks

for

the FBI prior to the effective date of
this subpart.

non

criminal justice purposes.

§20.33 Dissemination of criminal his
tory record information.

(1) The Director of the FBI shall re

view the amount of the fee periodi
cally, but not less than every four

(a) Criminal history record informa
tion contained in the III System and
the FIRS may be made available:
(1) To criminal justice agencies for
criminal justice purposes, which pur
poses include the screening of employ
ees or applicants for employment hired
by criminal justice agencies;
(2) To federal agencies authorized to

years, to determine the current cost of

processing fingerprint identification
records and name checks for non
criminal justice purposes.

(2) Fee amounts and any revisions
thereto shall be determined by current
costs, using a method of analysis con
sistent with widely accepted account
ing principles and practices, and cal
culated in accordance with the provi

receive it pursuant to federal statute
or Executive order;
(3) For use in connection with licens

sions of 31 U.S.C. 9701 and other Fed
eral law as applicable.

ing or employment, pursuant to Public
Law 92-544, 86 Stat. 1115, or other fed

(3) Fee amounts and any revisions
thereto shall be published as a notice

eral legislation, and for other uses for

which dissemination is authorized by
federal law. Refer to §50.12 of this chap

in the Federal Register.

(f) The FBI will collect a fee for pro

ter for dissemination guidelines relat
ing to requests processed under this

viding noncriminal name-based back
ground checks of the FBI Central

paragraph:

Records System through the National
Name Check Program pursuant to the

(4) For issuance of press releases and
publicity designed to effect the appre
hension of wanted persons in connec
tion with serious or significant of

authority in Pub. L. 101-515 and in ac

cordance with paragraphs (e)(1), (2) and
(3) of this section.

fenses;

(5) To criminal justice agencies for
the conduct of background checks

[41 FR 11715, Mar. 19. 1976. as amended at 75

FR 18755, Apr. 13, 2010; 75 FR 24798, May 6,
2010]

§ 20.32

under the

National Instant Criminal

Background Check System (NICS);

Includable offenses.

(6) To noncriminal justice govern
mental agencies performing criminal
justice dispatching functions or data

(a) Criminal history record informa

tion maintained in the III System and
the FIRS shall include serious and/or

processing/

significant adult and juvenile offenses.

criminal justice agencies; and

(b) The FIRS excludes arrests and
court actions concerning nonserious of

(7) To private contractors pursuant
to a specific agreement with an agency
identified in paragraphs (a)(1) or (a)(6)
of this section and for the purpose of

fenses, e.g., drunkenness, vagrancy,
disturbing the peace, curfew violation,
loitering, false fire alarm, non-specific
charges of suspicion or investigation,
and traffic violations (except data will

information

services

for

providing services for the administra

tion of criminal justice pursuant to
that agreement. The agreement must

be included on arrests for vehicular
manslaughter, driving under the influ
ence of drugs or liquor, and hit and
run),
when
unaccompanied
by
a

United States, which shall specifically
authorize access to criminal history

§20.32(a) offense. These exclusions may
not be applicable to criminal history

record information, limit the use of the
information to the purposes for which

incorporate a security addendum ap
proved by the Attorney General of the

records maintained in state criminal

it is provided, ensure the security and

history record repositories, including

confidentiality of the information con

those states participating in the NFF.

sistent with these regulations, provide

(c) The exclusions enumerated above

for sanctions, and contain such other
provisions as the Attorney General
may require. The power and authority
of the Attorney General hereunder

shall not apply
criminal history

to federal manual
record information

collected, maintained, and compiled by

435

§20.34

28 CFR Ch. I (7-1-13 Edition)

shall be exercised by the FBI Director
(or the Director's designee).
(b) The exchange of criminal history
record information authorized by para
graph (a) of this section is subject to

cies participating in the CJIS systems;
and representatives of criminal justice
professional associations.
(c) All members of the Board will be
appointed by the FBI Director.

cancellation if dissemination is made

(d) The Board functions solely as an
advisory body in compliance with the

outside the receiving departments, re
lated agencies, or service providers
identified in paragraphs (a)(6) and (a)(7)

provisions

of

the

Federal

Advisory

Committee Act. Title 5, United States
Code. Appendix 2.

of this section.

(c) Nothing in these regulations pre
vents a criminal justice agency from
disclosing to the public factual infor

§20.36 Participation in the Interstate
Identification Index System.

mation concerning the status of an in

(a) In order to acquire and retain di
rect access to the III System, each
Control Terminal Agency and Federal

vestigation, the apprehension, arrest,
release, or prosecution of an individual,
the adjudication of charges, or the cor
rectional status of an individual, which
is reasonably contemporaneous with

Service

Coordinator

shall

execute

a

CJIS User Agreement (or its functional

the event to which the information re

equivalent) with the Assistant Director

lates.

in Charge of the CJIS Division, FBI, to
abide by all present rules, policies, and
procedures of the NCIC, as well as any
rules, policies, and procedures herein
after recommended by the CJIS Advi
sory Policy Board and adopted by the

(d) Criminal history records received
from the III System or the FIRS shall

be used only for the purpose requested
and

a

current

record

should

be

re

quested when needed for a subsequent
authorized use.

FBI Director.

(b) Entry or updating of criminal his

§20.34 Individual's right to access
criminal history record informa

tory record information in the III Sys
tem will be accepted only from state or

tion.

federal agencies authorized by the FBI.
Terminal devices in other agencies will

The procedures by which an indi
vidual may obtain a copy of his or her

be limited to inquiries.

identification record from the FBI to

review and request any change, correc

§20.37 Responsibility for accuracy,
completeness, currency, and integ

tion, or update are set forth in §§16.3016.34 of this chapter. The procedures by
which an individual may obtain a copy

rity.

a state or local criminal justice agency
are set forth in §20.34 of the appendix

It shall be the responsibility of each
criminal justice agency contributing
data to the III System and the FIRS to

to this part.

assure that information on individuals

of his or her identification record from

§20.35

Criminal

Justice

is kept complete, accurate, and current

Information

so that all such records shall contain
to the maximum extent feasible dis
positions for all arrest data included

Services Advisory Policy Board.
(a) There is established a CJIS Advi

sory

Policy

Board,

the

purpose

of

which is to recommend to the FBI Di

rector general policy with respect to

the

philosophy,

concept,

and

oper

ational principles of various criminal

justice information systems managed
by the FBI's CJIS Division.

(b) The Board includes representa

tives from state and local criminal jus
tice agencies; members of the judicial,
prosecutorial, and correctional seg
ments of the criminal justice commu
nity; a representative of federal agen-

therein.

Dispositions should be

sub

mitted by criminal justice agencies
within 120 days after the disposition
has occurred.

§20.38

Sanction for noncompliance.

Access to systems managed or main
tained by the FBI is subject to can

cellation in regard to any agency or en
tity that fails to comply with the pro
visions of subpart C of this part.

436

AUTHENTICATED f f *

U.S. COVERNMENT^-4
INFORMATION ^ _J

§0.79

28 CFR Ch. I (7-1-13 Edition)

the Department of Justice. His duties
shall include the following:
(a) Providing necessary report forms

cases in which such responsibility is by
statute or otherwise exclusively as
signed to another investigative agency.
The Director's authority to investigate

and other information to officers and

employees of the Department;
(b) Developing and maintaining a list
of positions covered by the public and
confidential financial reporting re
quirements;
(c) Monitoring compliance by depart
ment officers and employees with ap
plicable requirements for filing and re
view of financial disclosure reports;
(d) Providing for retention of reports
and transmittal, where necessary, of
copies of reports to the Director of the
Office of Government Ethics;
(e) Establishing procedures for public

violations

evidence

in

of the United States is concurrent with

and Control Act of 1970, as amended, as
he determines is necessary. He may

(f) Performing such other functions
as may be necessary for the effective
implementation of title II of the Ethics

also

release

FBI

information

on

the

same terms and for the same purposes
that the Administrator of the Drug En
forcement Administration may dis
close DEA information under §0.103 of
this part. The Director and his author
ized delegates may seize, forfeit and
remit or mitigate the forfeiture of
property in accordance with 21 U.S.C.
881. 21 CFR 1316.71 through 1316.81, and
28 CFR 9.1 through 9.7.
(b) Conduct the acquisition, collec
tion, exchange, classification and pres
ervation of fingerprints and identifica
tion records from criminal justice and
other governmental agencies, including
fingerprints voluntarily submitted by
individuals for personal identification
purposes; provide expert testimony in

in Government Act.
[Order No. 832-79, 44 FR 29891, May 23, 1979. as
amended by Order No. 960-81, 46 FR 52347.
Oct. 27, 1981]

Redelegation of authority.

The Assistant Attorney General for
Administration is authorized to redele-

gate to any Department official any of
the power or authority vested in him
by this subpart 0. Existing redelegations by the Assistant Attorney Gen
eral for Administration shall continue
in force and effect until modified or re
voked.

[Order No. 543-73. 38 FR 29585, Oct. 26, 1973.
Redesignated by Order No. 565-74, 39 FR
15876, May 6. 1974, and further redesignated
by Order No. 832-79, 44 FR 29891, May 23, 1979]

Federal, State and local courts as to

fingerprint examinations; and provide
fingerprint training and provide identi
fication assistance in disasters and for

Subpart P—Federal Bureau of

other humanitarian purposes.
(c) Conduct personnel investigations
requisite to the work of the Depart
ment of Justice and whenever required
by statute or otherwise.
(d) Carry out the Presidential direc
tive of September 6, 1939. as reaffirmed
by Presidential directives of January 8,
1943, July 24, 1950, and December 15,
1953, designating the Federal Bureau of
Investigation to take charge of inves
tigative work in matters relating to es
pionage, sabotage, subversive activi
ties, and related matters, including in
vestigating any potential violations of

Investigation
Cross Reference: For regulations per
taining to the Federal Bureau of Investiga
tion, see part 3 of this chapter.

§ 0.85

collect

such authority of the Administrator of
the Drug Enforcement Administration
under §0.100 of this part. In inves
tigating violations of such laws and in
collecting evidence in such cases, the
Director may exercise so much of the
authority vested in the Attorney Gen
eral by sections 1 and 2 of Reorganiza
tion Plan No. 1 of 1968, section 1 of Re
organization Plan No. 2 of 1973 and the
Comprehensive Drug Abuse Prevention

access to reports filed under title II of
the Ethics in Government Act of 1978;

§ 0.79

of and

cases involving the criminal drug laws

General functions.

The Director of the Federal Bureau

of Investigation shall:
(a) Investigate violations of the laws,
including the criminal drug laws, of
the United States and collect evidence
in cases in which the United States is

or may be a party in interest, except in
50

Department of Justice

§0.85

the Arms Export Control Act, the Ex
port Administration Act, the Trading
with the Enemy Act, or the Inter
national Emergency Economic Powers

Act, relating to any foreign counter
intelligence matter.
(e)

Establish

and

conduct

law

en

(k)
those

Payment of awards (including
over

$10,000)

under

28

U.S.C.

524(c)(2), and purchase of evidence (in
cluding the authority to pay more than
$100,000) under 28 U.S.C. 524(c)(1)(F).
(1) Exercise Lead Agency responsi
bility in investigating all crimes for

forcement training programs to pro

which it has primary or concurrent ju

vide training for State and local law
enforcement personnel; operate the
Federal Bureau of Investigation Na

risdiction and which involve terrorist

tional Academy; develop new ap
proaches, techniques, systems, equip

activities or acts in preparation of ter
rorist activities within the statutory

(f) Operate a central clearinghouse

jurisdiction of the United States. With
in the United States, this would in
clude the collection,
coordination,
analysis, management and dissemina
tion of intelligence and criminal infor
mation as appropriate. If another Fed
eral agency identifies an individual
who is engaged in terrorist activities
or in acts in preparation of terrorist

for police statistics under the Uniform

activities, that agency is requested to

ment,

and

devices

to

improve

and

strengthen law enforcement and assist

in conducting State and local training
programs,

pursuant to section 404

of

the Omnibus Crime Control and Safe
Streets Act of 1968, 82 Stat. 204.

Crime Reporting Program, and a com

promptly notify the FBI. Terrorism in

puterized nationwide index of law en
forcement information under the Na
tional Crime Information Center.

cludes the unlawful use of force and vi

olence against persons or property to
intimidate or coerce a government, the
civilian population, or any segment
thereof, in furtherance of political or

(g) Operate the Federal Bureau of In
vestigation Laboratory to serve not

only the Federal Bureau of Investiga
tion, but also to provide, without cost,
technical and scientific assistance, in
cluding expert testimony in Federal or
local courts, for all duly constituted
law enforcement agencies, other orga
nizational units of the Department of
Justice, and other Federal agencies,

social objectives.

(m) Carry out the Department's re
sponsibilities

under

the

Hate

Crime

Statistics Act.

(n) Exercise the authority vested in
the Attorney General under section

528(a), Public Law 101-509, to accept
from federal departments and agencies

of the service. As provided for in proce

the services of law enforcement per
sonnel to assist the Department of Jus

dures agreed upon between the Sec
retary of State and the Attorney Gen

tion of fraud or other criminal or un

which may desire to avail themselves

tice in the investigation and prosecu

eral, the services of the Federal Bureau

lawful activity in or against any feder

of Investigation Laboratory may also
be made available to foreign law en

ally insured financial institution or the

forcement agencies and courts.

coordinate the activities of such law

Resolution Trust Corporation, and to
enforcement personnel in the conduct

(h) Make recommendations to the Of

fice of Personnel Management in con

of such

nection with applications for retire
ment under 5 U.S.C. 8336(c).
(i) Investigate alleged fraudulent

tions.

(o) Carry out the responsibilities con
ferred upon the Attorney General

conduct in connection with operations
of the Department of Housing and
Urban Development and other alleged
violations of the criminal provisions of
the National Housing Act. including 18

for Law Enforcement Act, Title I of
Pub. L. 103-414 (108 Stat. 4279), subject
to the general supervision and direc
tion of the Attorney General.

U.S.C. 1010.

[Order No. 423-69, 34 FR 20388, Dec. 31, 1969]
Editorial Note: For Federal Register ci

tations affecting §0.85, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume

prove and conduct the exchanges of
records

and prosecu

under the Communications Assistance

(j) Exercise the power and authority
vested in the Attorney General to ap
identification

investigations

enumerated at

§50.12(a) of this chapter.

and at www.fdsys.gov.

51