NCJ Number
46711
Date Published
1978
Length
14 pages
Annotation
THE TESTIMONY DISCUSSED DEFINING CHARTERS FOR THE NONINTELLIGENCE ASPECTS OF THE FEDERAL BUREAU OF INVESTIGATION (FBI) BEFORE THE SENATE COMMITTEE ON THE JUDICIARY RELATIVE TO DRAFTING SPECIFIC LEGISLATION.
Abstract
THE FEDERAL BUREAU OF INVESTIGATION (FBI) HAS JURISDICTION OVER THE OFFENSES IN THE FEDERAL CRIMINAL CODE, BUT SOME SPECIFIC OFFENSES ARE THE RESPONSIBILITY OF OTHER FEDERAL AGENCIES. IN SOME CASES, THE JURISDICTION BETWEEN AGENCIES IS IMPRECISE. IN MANY INSTANCES, CONDUCT PROHIBITED BY FEDERAL LAW IS ALSO PROSCRIBED BY THE STATES. THE FBI HAS INCREASINGLY BEEN ASKED TO DETERMINE THE EXISTENCE OF FEDERAL LAW VIOLATIONS, IN ADDITION TO IDENTIFYING THOSE RESPONSIBLE FOR CRIMINAL ACTS. THIS PRESENTS UNIQUE PROBLEMS FOR THE FBI, SINCE IT INVOLVES COLLECTING INFORMATION ON A LARGE NUMBER OF CITIZENS AND STARTING INVESTIGATIONS WITHOUT NECESSARILY HAVING PROBABLE CAUSE TO BELIEVE SPECIFIC CRIMES HAVE BEEN COMMITTED. SIMILAR PROBLEMS ARISE IN THE INVESTIGATION OF TERRORIST GROUPS SINCE SOME OF THEIR CONDUCT IS LEGAL: OTHER FUNCTIONS PERFORMED BY THE FBI HAVE EVEN LESS SPECIFIC STATUTORY GUIDANCE. FOR THE MOST PART, BACKGROUND INVESTIGATIONS FOR PERSONS UNDER CONSIDERATION FOR A VARIETY OF GOVERNMENT OFFICES IS A MATTER OF TRADITION OR CUSTOM. IT IS NOTED THAT STATUTES DO NOT SPECIFY THE MANNER IN WHICH CRIME INFORMATION MAY BE EXCHANGED WITH THE STATES OR MAY COVER SUCH OTHER MATTERS AS MISSING PERSON INFORMATON. THE UNDERLYING ISSUE IN ANY CHARTER IS WHETHER THE FBI SHOULD CONTINUE TO PERFORM SOME OR ALL OF THE FUNCTIONS IT NOW UNDERTAKES. QUESTIONS TO BE RESOLVED IN CHARTER LEGISLATION ARE WHETHER THE FBI SHOULD BE RESPONSIBLE FOR ALL FEDERAL CRIMES OR SHOULD CONTINUE TO SHARE RESPONSBILITY WITH OTHER FEDERAL AGENCIES; WHETHER THE FBI SHOULD CONFINE ITSELF TO APPREHENDING CRIMINALS, OR ALSO TO DETECT CRIMINAL ACTIVITY AN PREVENT IT (INDIVIDUAL OR ORGANIZED CRIME); WHAT ITS ROLE IS IN DOMESTIC SECURITY CASES; WHETHER IT SHOULD INVESTIGATE CRIMINAL CASES ONLY, OR ALSO HANDLE CIVIL FRAUD AND CIVIL RIGHTS CASES FOR THE DEPARTMENT OF JUSTICE; WHETHER IT SHOULD CONTINUE TO CONDUCT BACKGROUND INVESTIGATIONS; AND WHETHER IT SHOULD FURNISH SUPPORT SERVICES TO STATE AND LOCAL LAW ENFORCEMENT, INCLUDING THE RESOURCES OF THE NATIONAL CRIME INFORMATION CENTER. THE ATTORNEY GENERAL HOLDS THE VIEW THAT LEGISLATION SHOULD ESTABLISH LIMITATIONS TO BE APPLIED, PROVIDE OVERSIGHT, AND FIX EXECUTIVE RESPONSIBILITY, BUT SHOULD NOT ATTEMPT TO DICTATE THE DAY-TO-DAY OPERATIONS OF AN EXECUTIVE AGENCY WITH DIVERSE RESPONSIBILITIES. (DJM)