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Organization of the Department of Justice



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28 CFR Part 0 85 2003 Organization of the Department of Justice TITLE 28 JUDICIAL ADMINISTRATION CHAPTER I DEPARTMENT OF JUSTICE PART 0 ORGANIZATION OF THE DEPARTMENT OF JUSTICE Table of Contents Subpart P Federal Bureau of Investigation Cross Reference For regulations pertaining to the Federal Bureau of Investigation see part 3 of this chapter Sec 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 specifically 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 Sec 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 Sec 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 Page 52 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 1 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 Sec 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 2 Order No 423 69 34 FR 20388 Dec 31 1969 Editorial Note For Federal Register citations


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