Subpart Federal Bureau of Investigation

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					                                § 0.79                                                                  28 CFR Ch. I (7–1–11 Edition)

                                the Department of Justice. His duties                     cases in which such responsibility is by
                                shall include the following:                              statute or otherwise exclusively as-
                                  (a) Providing necessary report forms                    signed to another investigative agency.
                                and other information to officers and                     The Director’s authority to investigate
                                employees of the Department;                              violations of and collect evidence in
                                  (b) Developing and maintaining a list                   cases involving the criminal drug laws
                                of positions covered by the public and                    of the United States is concurrent with
                                confidential financial reporting re-                      such authority of the Administrator of
                                quirements;                                               the Drug Enforcement Administration
                                  (c) Monitoring compliance by depart-                    under § 0.100 of this part. In inves-
                                ment officers and employees with ap-                      tigating violations of such laws and in
                                plicable requirements for filing and re-                  collecting evidence in such cases, the
                                view of financial disclosure reports;                     Director may exercise so much of the
                                  (d) Providing for retention of reports                  authority vested in the Attorney Gen-
                                and transmittal, where necessary, of                      eral by sections 1 and 2 of Reorganiza-
                                copies of reports to the Director of the                  tion Plan No. 1 of 1968, section 1 of Re-
                                Office of Government Ethics;                              organization Plan No. 2 of 1973 and the
                                  (e) Establishing procedures for public                  Comprehensive Drug Abuse Prevention
                                access to reports filed under title II of                 and Control Act of 1970, as amended, as
                                the Ethics in Government Act of 1978;
                                                                                          he determines is necessary. He may
                                  (f) Performing such other functions
                                                                                          also release FBI information on the
                                as may be necessary for the effective
                                                                                          same terms and for the same purposes
                                implementation of title II of the Ethics
                                                                                          that the Administrator of the Drug En-
                                in Government Act.
                                                                                          forcement Administration may dis-
                                [Order No. 832–79, 44 FR 29891, May 23, 1979, as          close DEA information under § 0.103 of
                                amended by Order No. 960–81, 46 FR 52347,                 this part. The Director and his author-
                                Oct. 27, 1981]                                            ized delegates may seize, forfeit and
                                § 0.79 Redelegation of authority.                         remit or mitigate the forfeiture of
                                                                                          property in accordance with 21 U.S.C.
                                   The Assistant Attorney General for                     881, 21 CFR 1316.71 through 1316.81, and
                                Administration is authorized to redele-                   28 CFR 9.1 through 9.7.
                                gate to any Department official any of                      (b) Conduct the acquisition, collec-
                                the power or authority vested in him                      tion, exchange, classification and pres-
                                by this subpart O. Existing redelega-
                                                                                          ervation of fingerprints and identifica-
                                tions by the Assistant Attorney Gen-
                                                                                          tion records from criminal justice and
                                eral for Administration shall continue
                                                                                          other governmental agencies, including
                                in force and effect until modified or re-
                                                                                          fingerprints voluntarily submitted by
                                                                                          individuals for personal identification
                                [Order No. 543–73, 38 FR 29585, Oct. 26, 1973.            purposes; provide expert testimony in
                                Redesignated by Order No. 565–74, 39 FR                   Federal, State and local courts as to
                                15876, May 6, 1974, and further redesignated              fingerprint examinations; and provide
                                by Order No. 832–79, 44 FR 29891, May 23, 1979]
                                                                                          fingerprint training and provide identi-
                                                                                          fication assistance in disasters and for
                                    Subpart P—Federal Bureau of                           other humanitarian purposes.
                                            Investigation                                   (c) Conduct personnel investigations
                                                                                          requisite to the work of the Depart-
                                  CROSS REFERENCE: For regulations per-                   ment of Justice and whenever required
                                taining to the Federal Bureau of Investiga-               by statute or otherwise.
                                tion, see part 3 of this chapter.                           (d) Carry out the Presidential direc-
                                                                                          tive of September 6, 1939, as reaffirmed
                                § 0.85 General functions.                                 by Presidential directives of January 8,
                                   The Director of the Federal Bureau                     1943, July 24, 1950, and December 15,
                                of Investigation shall:                                   1953, designating the Federal Bureau of
                                   (a) Investigate violations of the laws,                Investigation to take charge of inves-
                                including the criminal drug laws, of                      tigative work in matters relating to es-
                                the United States and collect evidence                    pionage, sabotage, subversive activi-
                                in cases in which the United States is                    ties, and related matters, including in-
                                or may be a party in interest, except in                  vestigating any potential violations of


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                                Department of Justice                                                                                  § 0.85

                                the Arms Export Control Act, the Ex-                        (k) Payment of awards (including
                                port Administration Act, the Trading                      those over $10,000) under 28 U.S.C.
                                with the Enemy Act, or the Inter-                         524(c)(2), and purchase of evidence (in-
                                national Emergency Economic Powers                        cluding the authority to pay more than
                                Act, relating to any foreign counter-                     $100,000) under 28 U.S.C. 524(c)(1)(F).
                                intelligence matter.                                        (l) Exercise Lead Agency responsi-
                                   (e) Establish and conduct law en-                      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                     risdiction and which involve terrorist
                                enforcement personnel; operate the                        activities or acts in preparation of ter-
                                Federal Bureau of Investigation Na-                       rorist activities within the statutory
                                tional Academy; develop new ap-                           jurisdiction of the United States. With-
                                proaches, techniques, systems, equip-                     in the United States, this would in-
                                ment, and devices to improve and                          clude the collection, coordination,
                                strengthen law enforcement and assist                     analysis, management and dissemina-
                                in conducting State and local training                    tion of intelligence and criminal infor-
                                programs, pursuant to section 404 of                      mation as appropriate. If another Fed-
                                the Omnibus Crime Control and Safe                        eral agency identifies an individual
                                Streets Act of 1968, 82 Stat. 204.                        who is engaged in terrorist activities
                                   (f) Operate a central clearinghouse                    or in acts in preparation of terrorist
                                for police statistics under the Uniform                   activities, that agency is requested to
                                Crime Reporting Program, and a com-                       promptly notify the FBI. Terrorism in-
                                puterized nationwide index of law en-                     cludes the unlawful use of force and vi-
                                forcement information under the Na-                       olence against persons or property to
                                tional Crime Information Center.                          intimidate or coerce a government, the
                                   (g) Operate the Federal Bureau of In-                  civilian population, or any segment
                                vestigation Laboratory to serve not                       thereof, in furtherance of political or
                                only the Federal Bureau of Investiga-                     social objectives.
                                tion, but also to provide, without cost,                    (m) Carry out the Department’s re-
                                technical and scientific assistance, in-                  sponsibilities under the Hate Crime
                                cluding expert testimony in Federal or                    Statistics Act.
                                local courts, for all duly constituted                      (n) Exercise the authority vested in
                                law enforcement agencies, other orga-                     the Attorney General under section
                                nizational units of the Department of                     528(a), Public Law 101–509, to accept
                                Justice, and other Federal agencies,                      from federal departments and agencies
                                which may desire to avail themselves                      the services of law enforcement per-
                                of the service. As provided for in proce-                 sonnel to assist the Department of Jus-
                                dures agreed upon between the Sec-                        tice in the investigation and prosecu-
                                retary of State and the Attorney Gen-                     tion of fraud or other criminal or un-
                                eral, the services of the Federal Bureau                  lawful activity in or against any feder-
                                of Investigation Laboratory may also                      ally insured financial institution or the
                                be made available to foreign law en-                      Resolution Trust Corporation, and to
                                forcement agencies and courts.                            coordinate the activities of such law
                                   (h) Make recommendations to the Of-                    enforcement personnel in the conduct
                                fice of Personnel Management in con-                      of such investigations and prosecu-
                                nection with applications for retire-                     tions.
                                ment under 5 U.S.C. 8336(c).                                (o) Carry out the responsibilities con-
                                   (i) Investigate alleged fraudulent                     ferred upon the Attorney General
                                conduct in connection with operations                     under the Communications Assistance
                                of the Department of Housing and                          for Law Enforcement Act, Title I of
                                Urban Development and other alleged                       Pub. L. 103–414 (108 Stat. 4279), subject
                                violations of the criminal provisions of                  to the general supervision and direc-
                                the National Housing Act, including 18                    tion of the Attorney General.
                                U.S.C. 1010.                                              [Order No. 423–69, 34 FR 20388, Dec. 31, 1969]
                                   (j) Exercise the power and authority                     EDITORIAL NOTE: For FEDERAL REGISTER ci-
                                vested in the Attorney General to ap-                     tations affecting § 0.85, see the List of CFR
                                prove and conduct the exchanges of                        Sections Affected, which appears in the
                                identification records enumerated at                      Finding Aids section of the printed volume
                                § 50.12(a) of this chapter.                               and at


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