Law

§ 50.12

28 CFR Ch. I (7–1–13 Edition)

(4) Any information obtained as a result of a subpoena issued for telephone
toll records shall be closely held so as
to prevent disclosure of the information to unauthorized persons or for improper 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 committed in the course of, or arising out
of, the coverage or investigation of a
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 General: Provided, however, That where exigent circumstances preclude prior approval, the requirements of paragraph
(l) of this section shall be observed.
(i) A member of the Department shall
secure the express authority of the Attorney General before a warrant for an
arrest is sought, and whenever possible
before an arrest not requiring a warrant, of a member of the news media
for any offense which he is suspected of
having committed in the course of, or
arising out of, the coverage or investigation of a news story, or while engaged in the performance of his official
duties as a member of the news media.
(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
of the news media for any offense
which he is suspected of having committed in the course of, or arising out
of, the coverage or investigation of a
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 General.
(k) In requesting the Attorney General’s authorization to question, to arrest or to seek an arrest warrant for, or
to present information to a grand jury
seeking a bill of indictment or to file
an information against, a member of
the news media for an offense which he
is suspected of having committed during 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
member of the Department shall state

all facts necessary for determination of
the issues by the Attorney General. A
copy of the request shall be sent to the
Director of Public Affairs.
(l) When an arrest or questioning of a
member of the news media is necessary
before prior authorization of the Attorney General can be obtained, notification of the arrest or questioning, the
circumstances demonstrating that an
exception to the requirement of prior
authorization existed, and a statement
containing the information that would
have been given in requesting prior authorization, shall be communicated immediately to the Attorney General and
to the Director of Public Affairs.
(m) In light of the intent of this section to protect freedom of the press,
news gathering functions, and news
media sources, this policy statement
does not apply to demands for purely
commercial or financial information
unrelated to the news gathering function.
(n) Failure to obtain the prior approval of the Attorney General may
constitute grounds for an administrative reprimand or other appropriate
disciplinary action. The principles set
forth in this section are not intended
to create or recognize any legally enforceable right in any person.
[Order No. 916–80, 45 FR 76436, Nov. 19, 1980]

§ 50.12 Exchange of FBI identification
records.
(a) The Federal Bureau of Investigation, hereinafter referred to as the FBI,
is authorized to expend funds for the
exchange of identification records with
officials of 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 Director of the
FBI, acting on behalf of the Attorney
General, with officials of state and
local governments for purposes of employment 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 futures associations, and with nuclear
power plants. The records also may be

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Department of Justice

§ 50.14

exchanged in other instances as authorized by federal law.
(b) The FBI Director is authorized by
28 CFR 0.85(j) to approve procedures relating to the exchange of identification
records. Under this authority, effective
September 6, 1990, the FBI Criminal
Justice Information Services (CJIS)
Division has made all data on identification records available for such purposes. Records obtained under this authority may be used solely for the purpose requested and cannot be disseminated outside the receiving departments, related agencies, or other authorized entities. Officials at the governmental institutions and other entities authorized to submit fingerprints
and receive FBI identification records
under this authority must notify the
individuals fingerprinted that the fingerprints will be used to check the
criminal history records of the FBI.
The officials making the determination
of suitability for licensing or employment shall provide the applicants the
opportunity to complete, or challenge
the accuracy of, the information contained in the FBI identification record.
These officials also must advise the applicants that procedures for obtaining
a change, correction, or updating of an
FBI identification record are set forth
in 28 CFR 16.34. Officials making such
determinations should not deny the license or employment based on information in the record until the applicant has been afforded a reasonable
time to correct or complete the record,
or has declined to do so. A statement
incorporating these use-and-challenge
requirements will be placed on all
records disseminated under this program. This policy is intended to ensure
that all relevant criminal record information is made available to provide for
the public safety and, further, to protect the interests of the prospective
employee/licensee who may be affected
by the information or lack of information in an identification record.

its responsibilities under Federal law
relating to equal employment opportunity.
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 follows: Civil Service Commission, Department
of Justice, Equal Employment Opportunity
Commission, Department of Labor.
For official citation see section 18 of these
guidelines.
TABLE OF CONTENTS
GENERAL PRINCIPLES

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 Between Use of Selection Procedures and
Discrimination
A. Procedure Having Adverse Impact Constitutes Discrimination Unless Justified
B. Consideration of Suitable Alternative
Selection Procedures
4. Information on Impact
A. Records Concerning Impact
B. Applicable Race, Sex and Ethnic Groups
For Record Keeping
C. Evaluation of Selection Rates. The
‘‘Bottom Line’’
D. Adverse Impact And The ‘‘Four-Fifths
Rule’’
E. Consideration of User’s Equal Employment Opportunity Posture
5. General Standards for Validity Studies
A. Acceptable types of Validity Studies
B. Criterion-Related, Content, and Construct Validity
C. Guidelines Are Consistent with Professional 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
H. Cutoff Scores
I. Use of Selection Procedures for Higher
Level Jobs
J. Interim Use of Selection Procedures
K. Review of Validity Studies for Currency
6. Use of Selection Procedures Which Have
Not Been Validated

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

§ 50.14 Guidelines on employee selection procedures.
The guidelines set forth below are intended as a statement of policy of the
Department of Justice and will be applied by the Department in exercising

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