(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.

(1) 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 and with officials of state and local governments for purposes of employment and licens

ing, 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.

(b) The Director of the FBI is authorized by 28 CFR 0.85(j) to approve procedures relating to the exchange of identification records with federally chartered or insured banking institutions, officials of state and local governments for purposes of employment and licensing, certain segments of the securities industry, registered futures associations, and nuclear power plants. Under this authority, effective September 6, 1990, the FBI Identification Division will make 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 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. Those officials making such determinations must advise the applicants that procedures for obtaining a change, correcting, or updating of an FBI identification record are set forth in 28 CFR 16.34. 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 informa-
tion or lack of information in an iden-
tification record.

(c) There will be no change in FBI
Identification Division procedures for
dissemination of all criminal record in-
formation for criminal justice purposes
and to agencies of the Federal Govern-
ment as currently authorized by 28
U.S.C. 534.

[Order No. 1438-90, 55 FR 32075, Aug. 7, 1990]

§ 50.14 Guidelines on employee selec-
tion procedures.

The guidelines set forth below are in-
tended as a statement of policy of the
Department of Justice and will be ap-
plied by the Department in exercising
its responsibilities under Federal law
relating to equal employment oppor-
tunity.

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
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 Be-
tween Use of Selection Procedures and
Discrimination

A. Procedure Having Adverse Impact Con-
stitutes Discrimination Unless Justi-
fied

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 Employ-
ment Opportunity Posture

5. General Standards for Validity Studies
A. Acceptable types of Validity Studies
B. Criterion-Related, Content, and Con-
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
H. Cutoff Scores

I. Use of Selection Procedures for Higher
Level Jobs

J. Interim Use of Selection Procedures
K. Review of Validity Studies for Cur-
rency

6. Use of Selection Procedures Which Have
Not Been Validated

A. Use of Alternate Selection Procedures
to Eliminate Adverse Impact

B. Where Validity Studies Cannot or Need
Not Be Performed

(1) Where Informal or Unscored Proce-
dures Are Used

(2) Where Formal And Scored Procedures
Are Used

7. Use of Other Validity Studies

A. Validity Studies not Conducted by the
User

B. Use of Criterion-Related Validity Evi-
dence from Other Sources

$50.14

E. Consideration of User's Equal Employ-
ment Opportunity Posture

5. General Standards for Validity Studies
A. Acceptable types of Validity Studies
B. Criterion-Related, Content, and Con-
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
H. Cutoff Scores

I. Use of Selection Procedures for Higher
Level Jobs

J. Interim Use of Selection Procedures
K. Review of Validity Studies for Cur-
rency

6. Use of Selection Procedures Which Have
Not Been Validated

A. Use of Alternate Selection Procedures
to Eliminate Adverse Impact

B. Where Validity Studies Cannot or Need
Not Be Performed

(1) Where Informal or Unscored Proce-
dures Are Used

(2) Where Formal And Scored Procedures
Are Used

7. Use of Other Validity Studies

A. Validity Studies not Conducted by the
User

B. Use of Criterion-Related Validity Evi-
dence from Other Sources

(1) Validity Evidence

(2) Job Similarity

(3) Fairness Evidence

C. Validity Evidence from Multi-Unit
Study

D. Other Significant Variables

8. Cooperative Studies

A. Encouragement of Cooperative Studies
B. Standards for Use of Cooperative Stud-
ies

9. No Assumption of Validity

A. Unacceptable Substitutes for Evidence
of Validity

B. Encouragement of Professional Super-

vision

10. Employment Agencies and Employment
Services

A. Where Selection Procedures Are Devised
by Agency

B. Where Selection Procedures Are Devised
Elsewhere

11. Disparate Treatment
12. Retesting of Applicants
13. Affirmative Action

A. Affirmative Action Obligations

B. Encouragement of Voluntary Affirma-
tive Action Programs

TECHNICAL STANDARDS

14. Technical Standards for Validity Studies
A. Validity Studies Should be Based on Re-
view of Information about the Job