Cfr

§ 0.78

28 CFR Ch. I (7–1–16 Edition)

(n) Authorizing payment of extraordinary expenses incurred by ministerial officers of the United States in
executing acts of Congress (28 U.S.C.
1929).
(o) Representing the Attorney General with the Secretary of State in arranging for reimbursement by foreign
governments of expenses incurred in
extradition cases, and certifying to the
Secretary the amounts to be paid to
the United States as reimbursement (18
U.S.C. 3195).

§ 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]

[Order No. 565–74, 39 FR 15876, May 6, 1974, as
amended by Order No. 699–77, 42 FR 15315,
Mar. 21, 1977; Order No. 722–77, 42 FR 25499,
May 18, 1977; Order No. 960–81, 46 FR 52347,
Oct. 27, 1981; Order No. 996–83, 48 FR 7171,
Feb. 18, 1983; Order No. 1001–83, 48 FR 9524,
Mar. 7, 1983; Order No. 1977–95, 60 FR 36711,
July 18, 1995]

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

lpowell on DSK54DXVN1OFR with $$_JOB

§ 0.78 Implementation of financial disclosure requirements.

§ 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
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

The Assistant Attorney General for
Administration shall serve as the designated agency ethics official under
title II of the Ethics in Government
Act of 1978, 92 Stat. 1836, for purposes of
administering the public and confidential financial disclosure programs applicable to officers and employees of
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.
[Order No. 832–79, 44 FR 29891, May 23, 1979, as
amended by Order No. 960–81, 46 FR 52347,
Oct. 27, 1981]

50

VerDate Sep<11>2014

16:56 Aug 08, 2016

Jkt 238114

PO 00000

Frm 00060

Fmt 8010

Sfmt 8002

Q:\28\28V1.TXT

31

lpowell on DSK54DXVN1OFR with $$_JOB

Department of Justice

§ 0.85

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
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.

51

VerDate Sep<11>2014

16:56 Aug 08, 2016

Jkt 238114

PO 00000

Frm 00061

Fmt 8010

Sfmt 8002

Q:\28\28V1.TXT

31

§ 0.85a

28 CFR Ch. I (7–1–16 Edition)

(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.

Department of Justice in the development and implementation of plans for
exchanging visits between the Iron
Curtain countries and the United
States and shall have authority to designate an alternate to serve on such
committee.

[Order No. 423–69, 34 FR 20388, Dec. 31, 1969]

The Director of the Federal Bureau
of Investigation is authorized to exercise the authority conferred upon the
Attorney General by section 1 of E.O.
10863 of February 18, 1960 (25 FR 1507),
relating to the seizure of arms and munitions of war, and other articles, pursuant to section 1 of title VI of the act
of June 15, 1917, 40 Stat. 223, as amended by section 1 of the Act of August 13,
1953, 67 Stat. 577 (22 U.S.C. 401).

§ 0.88 Certificates for expenses of unforeseen emergencies.
The Director of the Federal Bureau
of Investigation is authorized to exercise the power and authority vested in
the Attorney General by 28 U.S.C. 537,
to make certificates with respect to expenses of unforeseen emergencies of a
confidential character: Provided, That
each such certificate made by the Director of the Federal Bureau of Investigation shall be approved by the Attorney General.
§ 0.89 Authority to seize arms and munitions of war.

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.

§ 0.85a Criminal justice policy coordination.
The Federal Bureau of Investigation
shall report to the Attorney General on
all its activities.

§ 0.89a Delegations respecting claims
against the FBI.

[Order No. 960–81, 46 FR 52347, Oct. 27, 1981]

§ 0.86 Seizure of gambling devices.
The Director, Associate Director, Assistants to the Director, Executive Assistant Directors, Assistant Directors,
inspectors and agents of the Federal
Bureau of Investigation are authorized
to exercise the power and authority
vested in the Attorney General to
make seizures of gambling devices (18
U.S.C. 1955(d), 15 U.S.C. 1171 et seq.) and
wire or oral communication intercepting devices (18 U.S.C. 2513).

(a) The Director of the Federal Bureau of Investigation is authorized to
exercise the power and authority vested in the Attorney General under the
Act of December 7, 1989, Public Law
101–203, 103 Stat. 1805 (31 U.S.C. 3724),
with regard to claims thereunder not
exceeding $50,000 in any one case.
(b) The Director of the Federal Bureau of Investigation is authorized to
redelegate to the General Counsel of
the FBI or his designee within the Office of the General Counsel or to the
primary legal advisors of the FBI field
offices, any of the authority, functions,
or duties vested in him by paragraph
(a) of this section and by 28 CFR 0.172.

lpowell on DSK54DXVN1OFR with $$_JOB

[Order No. 960–81, 46 FR 52347, Oct. 27, 1981]

§ 0.87 Representation on committee for
visit-exchange.
The Director of the Federal Bureau
of Investigation shall be a member of
the committee which represents the

52

VerDate Sep<11>2014

16:56 Aug 08, 2016

Jkt 238114

PO 00000

Frm 00062

Fmt 8010

Sfmt 8002

Q:\28\28V1.TXT

31