Federal Bureau of Investigation - Legal Authority

Legal Authority

The FBI's mandate is established in Title 28 of the United States Code (U.S. Code), Section 533, which authorizes the Attorney General to "appoint officials to detect and prosecute crimes against the United States." Other federal statutes give the FBI the authority and responsibility to investigate specific crimes.

The FBI's chief tool against organized crime is the Racketeer Influenced and Corrupt Organizations (RICO) Act. The FBI is also charged with the responsibility of enforcing compliance of the United States Civil Rights Act of 1964 and investigating violations of the act in addition to prosecuting such violations with the United States Department of Justice (DOJ). The FBI also shares concurrent jurisdiction with the Drug Enforcement Administration (DEA) in the enforcement of the Controlled Substances Act of 1970.

The USA PATRIOT Act increased the powers allotted to the FBI, especially in wiretapping and monitoring of Internet activity. One of the most controversial provisions of the act is the so-called sneak and peek provision, granting the FBI powers to search a house while the residents are away, and not requiring them to notify the residents for several weeks afterwards. Under the PATRIOT Act's provisions, the FBI also resumed inquiring into the library records of those who are suspected of terrorism (something it had supposedly not done since the 1970s).

In the early 1980s, Senate hearings were held to examine FBI undercover operations in the wake of the Abscam controversy, which had allegations of entrapment of elected officials. As a result, in following years a number of guidelines were issued to constrain FBI activities.

A March 2007 report by the inspector general of the Justice Department described the FBI's "widespread and serious misuse" of national security letters, a form of administrative subpoena used to demand records and data pertaining to individuals. The report said that between 2003 and 2005, the FBI had issued more than 140,000 national security letters, many involving people with no obvious connections to terrorism.

Information obtained through an FBI investigation is presented to the appropriate U.S. Attorney or Department of Justice official, who decides if prosecution or other action is warranted.

The FBI often works in conjunction with other Federal agencies, including the U.S. Coast Guard (USCG) and U.S. Customs and Border Protection (CBP) in seaport and airport security, and the National Transportation Safety Board in investigating airplane crashes and other critical incidents. Immigration and Customs Enforcement Homeland Security Investigations (ICE-HSI) has nearly the same amount of investigative man power as the FBI, and investigates the largest range of crimes. In the wake of the September 11 attacks, AG Ashcroft assigned the FBI as the designated lead organization in terrorism investigations after the creation of the U.S. Department of Homeland Security. ICE-HSI and the FBI are both integral members of the Joint Terrorism Task Force.