Law

§ 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
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 requirements;
(c) Monitoring compliance by department officers and employees with applicable requirements for filing and review 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
access to reports filed under title II of
the Ethics in Government Act of 1978;
(f) Performing such other functions
as may be necessary for the effective
implementation of title II of the Ethics
in Government Act.

cases in which such responsibility is by
statute or otherwise exclusively assigned to another investigative agency.
The Director’s authority to investigate
violations of and collect evidence in
cases involving the criminal drug laws
of the United States is concurrent with
such authority of the Administrator of
the Drug Enforcement Administration
under § 0.100 of this part. In investigating violations of such laws and in
collecting evidence in such cases, the
Director may exercise so much of the
authority vested in the Attorney General by sections 1 and 2 of Reorganization Plan No. 1 of 1968, section 1 of Reorganization Plan No. 2 of 1973 and the
Comprehensive Drug Abuse Prevention
and Control Act of 1970, as amended, as
he determines is necessary. He may
also release FBI information on the
same terms and for the same purposes
that the Administrator of the Drug Enforcement Administration may disclose DEA information under § 0.103 of
this part. The Director and his authorized 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, collection, exchange, classification and preservation of fingerprints and identification records from criminal justice and
other governmental agencies, including
fingerprints voluntarily submitted by
individuals for personal identification
purposes; provide expert testimony in
Federal, State and local courts as to
fingerprint examinations; and provide
fingerprint training and provide identification assistance in disasters and for
other humanitarian purposes.
(c) Conduct personnel investigations
requisite to the work of the Department of Justice and whenever required
by statute or otherwise.
(d) Carry out the Presidential directive 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 investigative work in matters relating to espionage, sabotage, subversive activities, and related matters, including investigating any potential violations of

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

§ 0.79 Redelegation of authority.
The Assistant Attorney General for
Administration is authorized to redelegate to any Department official any of
the power or authority vested in him
by this subpart O. Existing redelegations by the Assistant Attorney General for Administration shall continue
in force and effect until modified or revoked.
[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]

Subpart P—Federal Bureau of
Investigation
CROSS REFERENCE: For regulations pertaining to the Federal Bureau of Investigation, see part 3 of this chapter.

§ 0.85 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

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Department of Justice

§ 0.85

the Arms Export Control Act, the Export Administration Act, the Trading
with the Enemy Act, or the International Emergency Economic Powers
Act, relating to any foreign counterintelligence matter.
(e) Establish and conduct law enforcement training programs to provide training for State and local law
enforcement personnel; operate the
Federal Bureau of Investigation National Academy; develop new approaches, techniques, systems, equipment, 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.
(f) Operate a central clearinghouse
for police statistics under the Uniform
Crime Reporting Program, and a computerized nationwide index of law enforcement information under the National Crime Information Center.
(g) Operate the Federal Bureau of Investigation Laboratory to serve not
only the Federal Bureau of Investigation, but also to provide, without cost,
technical and scientific assistance, including expert testimony in Federal or
local courts, for all duly constituted
law enforcement agencies, other organizational units of the Department of
Justice, and other Federal agencies,
which may desire to avail themselves
of the service. As provided for in procedures agreed upon between the Secretary of State and the Attorney General, the services of the Federal Bureau
of Investigation Laboratory may also
be made available to foreign law enforcement agencies and courts.
(h) Make recommendations to the Office of Personnel Management in connection with applications for retirement under 5 U.S.C. 8336(c).
(i) Investigate alleged fraudulent
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
U.S.C. 1010.
(j) Exercise the power and authority
vested in the Attorney General to approve and conduct the exchanges of
identification records enumerated at
§ 50.12(a) of this chapter.

(k) Payment of awards (including
those over $10,000) under 28 U.S.C.
524(c)(2), and purchase of evidence (including the authority to pay more than
$100,000) under 28 U.S.C. 524(c)(1)(F).
(l) Exercise Lead Agency responsibility in investigating all crimes for
which it has primary or concurrent jurisdiction and which involve terrorist
activities or acts in preparation of terrorist activities within the statutory
jurisdiction of the United States. Within the United States, this would include the collection, coordination,
analysis, management and dissemination of intelligence and criminal information as appropriate. If another Federal agency identifies an individual
who is engaged in terrorist activities
or in acts in preparation of terrorist
activities, that agency is requested to
promptly notify the FBI. Terrorism includes the unlawful use of force and violence against persons or property to
intimidate or coerce a government, the
civilian population, or any segment
thereof, in furtherance of political or
social objectives.
(m) Carry out the Department’s responsibilities 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
the services of law enforcement personnel to assist the Department of Justice in the investigation and prosecution of fraud or other criminal or unlawful activity in or against any federally insured financial institution or the
Resolution Trust Corporation, and to
coordinate the activities of such law
enforcement personnel in the conduct
of such investigations and prosecutions.
(o) Carry out the responsibilities conferred upon the Attorney General
under the Communications Assistance
for Law Enforcement Act, Title I of
Pub. L. 103–414 (108 Stat. 4279), subject
to the general supervision and direction of the Attorney General.
[Order No. 423–69, 34 FR 20388, Dec. 31, 1969]
EDITORIAL NOTE: For FEDERAL REGISTER citations affecting § 0.85, see the List of CFR
Sections Affected, which appears in the
Finding Aids section of the printed volume
and at www.fdsys.gov.

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