Federal Bureau of Investigation Message to the Congress Transmitting Proposed Legislation.

To the Congress of the United States:

I am transmitting today the FBI Charter Act of 1979, which will provide the first comprehensive Charter for the functioning of the Federal Bureau of Investigation. This legislative proposal will govern all the investigative and law enforcement functions of the Federal Bureau of Investigation.

The foreign intelligence and counterintelligence functions of the Bureau will be governed by a separate charter for the entire foreign intelligence community.

This proposal was developed by the FBI and the Justice Department and has received close scrutiny and personal approval from Attorney General Griffin Bell, Deputy Attorney General Benjamin Civiletti, and Director William Webster.

The law enforcement Charter would bring together in one statute the authorities and responsibilities that the FBI now exercises as a matter of custom and practice.

Although most departments and agencies operate under detailed statutory schemes, the FBI has lacked a statutory framework, although it is one of the most important and sensitive of all Executive Branch agencies. A one-paragraph 1908 law creating the Bureau is all that presently exists. The controversies in past years regarding particular actions of the Bureau, such as those directed at Dr. Martin Luther King, Jr., and various other persons and organizations, are to some degree attributable to this lack of statutory direction. It was these controversies which led me to call for a clear and binding charter for the FBI when I ran for President. Statutory safeguards would insure that the Bureau exercises its responsibilities in a manner sensitive to the fundamental rights of all Americans. The public must be assured that the FBI is acting properly under the law.

We need to recognize that the FBI serves a vital national function and that it has rendered distinguished service to the Nation. It has set a standard for competence, dedication and professionalism of which we should all be proud. We must be careful to maintain the fundamental capability of an institution which has served us so well. This Charter maintains that capability. Under Director William Webster the conduct of the Bureau has been exemplary and I applaud his leadership.

A clear definition of the authorities and responsibilities of the FBI is essential to its proper functioning and is in the best interest of national law enforcement and the proper administration of justice. Enactment of this Charter will enable FBI agents to carry out their duties with greater certainty, confidence, and effectiveness.

The bill I submit today reflects three fundamental objectives:

• The Charter should be a document of broad principles, not a long detailing of procedures. It should enumerate the FBI's jurisdiction, functions and powers and set forth the limits on its activities, but should leave to the Attorney General the power to issue specific detailed procedures and guidelines.

• With few exceptions, coupled with procedural safeguards, the investigative power of the FBI should be limited to the detection, prevention and prosecution of federal crimes. This will prevent the unrestricted accumulation of information concerning individuals not suspected of criminal conduct.

• The Charter should strike a proper balance between the true needs of law enforcement and the civil liberties guaranteed by our Constitution. The greater the potential for impairment of rights, the stronger the authorization and accountability systems required.

The Charter authorizes the FBI to employ traditional and lawful investigative techniques in carrying out its responsibilities. These include confidential informants, undercover agents, and undercover operations.

Two primary types of criminal investigations are authorized: investigation of criminal acts that violate federal law and investigations into criminal enterprises that involve racketeering or terrorism. No investigation may be commenced unless based on "facts and circumstances that reasonably indicate" a criminal violation.

For the most part, this bill simply codifies current practices. However, FBI authority would be significantly expanded in two areas:

1. The FBI could issue "investigative demands" for financial records. This is a compulsory process enforceable in the courts comparable to the administrative subpoenas issued by agencies such as the Securities and Exchange Commission and the new Inspectors General in each Federal agency. This is essential if the FBI is to be effective in combatting white collar crime, fraud, corruption, and organized crime.

2. The FBI could investigate patterns of terrorist acts that involve violations of state criminal laws even without federal violations, following the model of current racketeering statutes.

The bill continues existing restrictions, procedural controls, and requirements for accountability on FBI activities. It adds, however, several new restrictions providing tighter controls over the use of informants. For example, infiltration of groups under investigation for terrorist activities and participation by an informant in criminal activity must now be approved by a supervisory FBI official.

The Charter requires that the Attorney General promulgate, and periodically review, operational guidelines for each of the Bureau's major activities. These guidelines will be filed with the Congress and made available to the public unless, in a specific case, their release would jeopardize the investigative process. The FBI is also required to report on important and sensitive activities to the Attorney General and the Congress.

This Charter strikes the proper balance between assuring both that the civil rights and liberties guaranteed to Americans by our Constitution are protected and that the FBI can fully pursue its appropriate functions.

I urge the Congress to give this bill the careful and urgent attention it deserves and to pass the first Charter for the FBI.

JIMMY CARVER

The White House,

July 31, 1979.