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THE  ATTORNEY  GENERAL'S  GUIDELINES  ON  GENERAL  CRIMES, 
RACKETEERING  ENTERPRISE  AND 
DOMESTIC  SECURITY/TERRORISM  INVESTIGATIONS 
As  the  primary  criminal  investigative  agency  in  the 
federal  government,  the  FBI  has  the  authority  and  responsibility 
to  investigate  all  criminal  violations  of  federal  law  not 
exclusively  assigned  to  another  federal  agency.   The  FBI  thus 
plays  a  central  role  in  national  law  enforcement  and  in  the 
proper  administration  of  justice  in  the  United  States. 
Investigations  by  the  FBI  are  premised  upon  the  important 
duty  of  government  to  protect  the  public  against  general  crimes, 
against  organized  criminal  activity,  and  against  those  who  would 
engage  in  political  or  racial  terrorism  or  would  destroy  our 
constitutional  system  through  criminal  violence.   At  the  same 
time,  that  duty  must  be  performed  with  care  to  protect  individual 
rights  and  to  insure  that  investigations  are  confined  to  matters 
of  legitimate  law  enforcement  interest.   The  purpose  of  these 
Guidelines,  therefore,  is  to  establish  a  consistent  policy  in 
such  matters.   The  Guidelines  should  encourage  Agents  of  the  FBI 
to  perform  their  duties  with  greater  certainty,  confidence  and 
effectiveness.   They  should  also  give  the  public  a  firm  assurance 
that  the  FBI  is  acting  properly  under  the  law. 
These  Guidelines  provide  guidance  for  all  investigations 
by  the  FBI  of  crimes  and  crime-related  activities.   Investiga- 
tions involving  foreign  intelligence,  foreign  counterintelligence 
and  international  terrorism  matters  are  the  subject  of  separate 
guidelines.   The  standards  and  requirements  set  forth  herein 
govern  the  circumstances  under  which  an  investigation  may  be 
begun,  and  the  permissible  scope,  duration,  subject-matters,  and 
objectives  of  an  investigation.
-  2  - 
All  investigations  of  crime  or  crime-related  activities 
shall  be  undertaken  in  accordance  with  one  or  more  of  these 
Guidelines.   Part  I  sets  forth  general  principles  that  apply  to 
all  investigations  conducted  under  these  Guidelines.   Part  II 
governs  investigations  undertaken  to  detect,  prevent  and 
prosecute  specific  violations  of  federal  law.   Part  III  A  governs 
criminal  intelligence  investigations  undertaken  to  obtain 
information  concerning  enterprises  which  are  engaged  in 
racketeering  activities  involving  violence,  extortion  or  public 
corruption.   Part  III  B  governs  criminal  intelligence  investi- 
gations undertaken  to  obtain  information  concerning  enterprises 
which  seek  to  achieve  political  or  social  change  through 
violence. 
These  Guidelines  are  issued  under  the  authority  of  the 
Attorney  General  as  provided  in  28  U.S.C.  509,  510,  and  533. 
CONTENTS 
I.   General  Principles 
II.   General  Crimes  Investigations 
A.  Definitions 
B.  Preliminary  Inquiries 
C.  Investigations 
III.   Criminal  Intelligence  Investigations 
A.  Racketeering  Enterprise  Investigations 
1.  Definitions 
2.  General  Authority 
3.  Purpose 
4 .  Scope 
5.  Authorization  and  Renewal 
B.  Domestic  Security/Terrorism  Investigations 
1.  General  authority 
2.  Purpose 
3.  Scope 
4.  Authorization  and  Renewal 
IV.  Investigative  Techniques 
V.  Dissemination 
VI.  Cooperation  with  Secret  Service 
VII.  Res  rv  tion
-  3  - 
I .    General  Principles 
Preliminary  inquiries  and  investigations  governed  by 
these  Guidelines  are  conducted  for  the  purpose  of  preventing, 
detecting,  or  prosecuting  violations  of  federal  law.   They  shall 
be  conducted  with  as  little  intrusion  into  the  privacy  of 
individuals  as  the  needs  of  the  situation  permit. 
All  preliminary  inquiries  shall  be  conducted  pursuant  to 
the  General  Crimes  Guidelines.   There  is  no  separate  provision  for 
a  preliminary  inquiry  under  the  Criminal  Intelligence  Guidelines. 
A  preliminary  inquiry  shall  be  promptly  terminated  when  it 
becomes   apparent  that  a  full  investigation  is  not  warranted.  If, 
on  the  basis  of  information  discovered  in  the  course  of  a  pre- 
liminary inquiry,  an  investigation  is  warranted,  it  may  be  con- 
ducted as  a  general  crimes  investigation,  or  a  criminal  intel- 
ligence investigation,  or  both.   All  such  investigations, 
however,  shall  be  based  on  a  reasonable  factual  predicate  and 
shall  have  a  valid  law  enforcement  purpose. 
In  its  efforts  to  anticipate  or  prevent  crime,  the  FBI 
must  at  times  initiate  investigations  in  advance  of  criminal 
conduct.   It  is  important  that  such  investigations  not  be  based 
solely  on  activities  protected  by  the  First  Amendment  or  on  the 
lawful  exercise  of  any  other  rights  secured  by  the  Constitution 
or  laws  of  the  United  States.   When,  however,  statements  advocate 
criminal  activity  or  indicate  an  apparent  intent  to  engage  in 
crime,  particularly  crimes  of  violence,  an  investigation  under 
these  Guidelines  may  be  warranted  unless  it  is  apparent,  from  the 
circumstances  or  the  context  in  which  the  statements  are  made, 
that  there  is  no  prospect  of  harm. 
General  crimes  investigations  and  criminal  intelligence 
investigations  shall  be  terminated  when  all  logical  leads  have 
been  exhausted  and  no  legitimate  law  enforcement  interest 
justifies  their  continuance. 
Nothing  in  these  Guidelines  is  intended  to  prohibit  the 
FBI  from  collecting  and  maintaining  publicly  available  informa- 
tion consistent  with  the  Privacy  Act. 
Nothing  in  these  Guidelines  prohibits  the  FBI  from 
ascertaining  the  general  scope  and  nature  of  criminal  activity  in 
a  particular  location  or  sector  of  the  economy.
-  4  - 
II.    General  Crimes  Investiaations 
A.    Definitions 
(1)  "Exigent  circumstances"  are  circumstances 
requiring  action  before  authorization  otherwise  necessary 
under  these  guidelines  can  reasonably  be  obtained,  in 
order  to  protect  life  or  substantial  property  interests; 
to  apprehend  or  identify  a  fleeing  offender;  to  prevent 
the  hiding,  destruction  or  alteration  of  evidence;  or  to 
avoid  other  serious  impairment  or  hindrance  of  an 
investigation. 
(2)  "Sensitive  criminal  matter"  is  any  alleged 
criminal  conduct  involving  corrupt  action  by  a  public 
official  or  political  candidate,  the  activities  of  a 
foreign  government,  the  activities  of  a  religious  organi- 
zation or  a  primarily  political  organization  or  the 
related  activities  of  any  individual  prominent  in  such  an 
organization,  or  the  activities  of  the  news  media;  and  any 
other  matter  which  in  the  judgment  of  a  Special  Agent  in 
Charge  (SAC)  should  be  brought  to  the  attention  of  the 
United  States  Attorney  or  other  appropriate  official  in  the 
Department  of  Justice,  as  well  as  FBI  Headquarters 
(FBIHQ) . 
B,    Preliminary  Inquiries 
(1)  On  some  occasions  the  FBI  may  receive  information 
or  an  allegation  not  warrranting  a  full  investigation  — 
because  there  is  not  yet  a  "reasonable  indication"  of 
criminal  activities  —  but  whose  responsible  handling 
requires  some  further  scrutiny  beyond  the  prompt  and 
extremely  limited  checking  out  of  initial  leads.   In  such 
circumstances,  though  the  factual  predicate  for  an  inves- 
tigation has  not  been  met,  the  FBI  may  initiate  an 
"inquiry"  involving  some  measured  review,  contact,  or 
observation  activities  in  response  to  the  allegation  or 
information  indicating  the  possibility  of  criminal 
activity. 
This  authority  to  conduct  inquiries  short  of  a  full 
investigation  allows  the  government  to  respond  in  a 
measured  way  to  ambiguous  or  incomplete  information  and  to 
do  so  with  as  little  intrusion  as  the  needs  of  the  situa- 
tion permit.   This  is  especially  important  in  such  areas 
as  white-collar  crime  where  no  complainant  is  involved  or 
when  an  allege  '-ion  or  information  is  received  from  a
-  5  - 
source  of  unknown  reliability.   It  is  contemplated  that 
such  inquiries  would  be  of  short  duration  and  be  confined 
solely  to  obtaining  the  information  necessary  to  make  an 
informed  judgment  as  to  whether  a  full  investigation  is 
warranted. 
A  preliminary  inquiry  is  not  a  required  step  when 
facts  or  circumstances  reasonably  indicating  criminal 
activity  are  already  available;  in  such  cases,  a  full 
investigation  can  be  immediately  opened. 
(2)  The  FBI  supervisor  authorizing  an  inquiry  shall 
assure  that  the  allegation  or  other  information  which 
warranted  the  inquiry  has  been  recorded  in  writing.   In 
sensitive  criminal  matters,  the  United  States  Attorney  or 
an  appropriate  Department  of  Justice  official  shall  be 
notified  of  the  basis  for  an  inquiry  as  soon  as  practi- 
cable after  the  opening  of  the  inquiry,  and  the  fact  of 
notification  shall  be  recorded  in  writing. 
(3)  Inquiries  shall  be  completed  within  90  days  after 
initiation  of  the  first  investigative  step.   The  date  of 
the  first  investigative  step  is  not  necessarily  the  same 
date  on  which  the  first  incoming  information  or  allega- 
tion was  received.  An  extension  of  time  in  an  inquiry  for 
succeeding  30-day  periods  may  be  granted  by  FBI  Head- 
quarters upon  receipt  of  a  written  request  and  statement 
of  reasons  why  furtner  investigative  steps  are  warranted 
when  there  is  no  "reasonable  indication"  of  criminal 
activity. 
(4)  Before  employing  an  investigative  technique  in  an 
inquiry,  the  FBI  should  consider  whether  the  information 
could  be  obtained  in  a  timely  and  effective  way  by  less 
intrusive  means.   Some  of  the  factors  to  be  considered  in 
judging  intrusiveness  are  adverse  consequences  to  an 
individual's  privacy  interests  and  avoidable  damage  to  his 
reputation.   Whether  an  intrusive  technique  should  be  used 
in  an  inquiry  depends  on  the  seriousness  of  the  possible 
crime  and  the  strength  of  the  information  indicating  the 
possible  existence  of  the  crime.   However,  the  techniques 
used  in  an  inquiry  should  generally  be  less  intrusive  than 
those  employed  in  a  full  investigation.   It  is  recognized 
that  choice  of  technique  is  a  matter  of  judgment.
-  6  - 
(5)  The  following  investigative  techniques  shall  not 
be  used  during  an  inquiry: 
(a)  Mail  covers; 
(b)  Mail  openings; 
(c)  Nonconsensual  electronic  surveillance 
or  any  other  investigative  technique 
covered  by  Title  III  of  the  Omnibus 
Crime  Control  and  Safe  Streets  Act  of 
1968,  18  U.S.C.  2510-2520. 
(6)  The  following  investigative  techniques  may  be 
used  in  an  inquiry  without  any  prior  authorization  from  a 
supervisory  agent: 
(a)  Examination  of  FBI  indices  and  files; 
(b)  Examination  of  records  available  to  the 
public  and  other  public  sources  of 
information; 
(c)  Examination  of  available  federal,  state 
and  local  government  records; 
(d)  Interview  of  the  complainant,  previously 
established  informants,  and  confidential 
sources? 
(e)  Interview  of  the  potential  subject; 
(f)  Interview  of  persons  who  should  readily 
be  able  to  corroborate  or  deny  the  truth 
of  the  allegation,  except 'this  does  not 
include  pretext  interviews  or  interviews 
of  a  potential  subject's  employer  or  co- 
workers unless  the  interviewee  was  the 
complainant; 
(g)  Physical  or  photographic  surveillance  of 
any  person. 
The  use  of  any  other  lawful  investigative  technique  in  an 
inquiry  shall  require  prior  approval  by  a  supervisory 
agent,  except  in  exigent  circumstances.   Where  a  technique 
is  highly  intrusive,  a  supervisory  agent  shall  approve  its 
use  in  the  inauiry  stage  only  i  compelling  circumstances 
and  when  othe<:  investigative  means  are  r-^t  likely  to  be 
successful.
-  7  - 
(7)  Where  a  preliminary  inquiry  fails  to  disclose 
sufficient  information  to  justify  an  investigation,  the 
FBI  shall  terminate  the  inquiry  and  make  a  record  of  the 
closing.   In  a  sensitive  criminal  matter,  the  F3I  shall 
notify  the  United  States  Attorney  of  the  closing  and  record 
the  fact  of  notification  in  writing.   Information  on  an 
inquiry  which  has  been  closed  shall  be  available  on  request 
to  a  United  States  Attorney  or  his  designee  or  an  appro- 
priate Department  of  Justice  official. 
(8)  All  requirements  regarding  inquiries  shall  apply 
to  reopened  inquiries.   In  sensitive  criminal  matters,  the 
United  States  Attorney  or  the  appropriate  Department  of 
Justice  official  shall  be  notified  as  soon  as  practicable 
after  the  reopening  of  an  inquiry. 
C.    Investigations 
(1)  A  general  crimes  investigation  may  be  initiated 
by  the  FBI  when  facts  or  circumstances  reasonably  indicate 
that  a  federal  crime  has  been,  is  being,  or  will  be  com- 
mitted.  The  investigation  may  be  conducted  to  prevent, 
solve,  and  prosecute  such  criminal  activity. 
The  standard  of  "reasonable  indication"  is  substan- 
tially lower  than  probable  cause.   In  determining  whether 
there  is  reasonable  indication  of  a  federal  criminal 
violation,  a  Special  Agent  may  take  into  account  any  facts 
or  circumstances  that  a  prudent'  investigator  would 
consider.  However,  the  standard  does  require  specific 
facts  or  circumstances  indicating  a  past,  current,  or 
impending  violation.   There  must  be  an  objective,  factual 
basis  for  initiating  the  investigation;  a  mere  hunch  is 
insufficient. 
(2)  Where  a  criminal  act  may  be  committed  in  the 
future,  preparation  for  that  act  can,  of  course,  amount  to 
a  current  criminal  violation  under  the  conspiracy  or 
attempt  provisions  of  federal  criminal  law,  if  there  are 
present  the  requisite  agreement  and  overt  act,  or  substan- 
tial step  toward  completion  of  the  criminal  act  and 
intention  to  complete  the  act.  With  respect  to  criminal 
activity  that  may  occur  in  the  future  but  does  not  yet 
involve  a  current  criminal  conspiracy  or  attempt,  par- 
ticular care  is  necessary  to  assure  that  there  exist  facts 
and  circumstances  amounting  to  a  reasonable  indication 
that  a  crime  will  occur.
-  8  - 
(3)  The  FBI  supervisor  authorizing  an  investigation 
shall  assure  that  the  facts  or  circumstances  meeting  the 
standard  of  reasonable  indication  have  been  recorded  in 
writing. 
In  sensitive  criminal  matters,  as  defined  in  para- 
graph A (2),  the  United  States  Attorney  or  an  appropriate 
Department  of  Justice  official  and  FBIHQ  shall  be  notified 
in  writing  of  the  basis  for  an  investigation  as  soon  as 
practicable  after  commencement  of  the  investigation. 
(4)  The  Special  Agent  conducting  an  investigation 
shall  maintain  periodic  written  or  oral  contact  with  the 
appropriate  federal  prosecutor,  as  circumstances  require 
and  as  requested  by  the  prosecutor. 
When,  during  an  investigation,  a  matter  appears  to 
arguably  warrant  prosecution,  the  Special  Agent  shall 
present  the  relevant  facts  to  the  appropriate  federal 
prosecutor.   In  every  sensitive  criminal  matter,  the  FBI 
shall  notify  the  appropriate  federal  prosecutor  of  the 
termination  of  an  investigation  within  30  days  of  such 
termination/  Information  on  investigations  which  have 
been  closed  shall  be  available  on  request  to  a  United 
States  Attorney  or  his  designee  or  an  appropriate 
Department  of  Justice  official. 
(5)  When  a  serious  matter  investigated  by  the  FBI  is 
referred  to  state  or  local  authorities  for  prosecution, 
the  FBI,  insofar  as  resources  permi-t,  shall  promptly 
advise  the  federal  prosecutor  in  writing  if  the  state  or 
local  authorities  decline  prosecution  or  rail  to  commence 
prosecutive  action  within  120  days.   Where  an  FBI  field 
office  cannot  provide  this  follow-up,  the  SAC  shall  so 
advise  the  federal  prosecutor. 
(6)  When  credible  information  is  received  concerning 
serious  criminal  activity  not  within  the  FBI  investigative 
jurisdiction,  the  FBI  field  office  shall  promptly  transmit 
the  information  or  refer  the  complainant  to  the  law 
enforcement  agencies  having  jurisdiction,  except  where 
disclosure  would  jeopardize  an  ongoing  investigation, 
endanger  the  safety  of  an  individual,  disclose  the  identity 
of  an  informant,  interfere  with  an  informant's  coopera- 
tion, or  reveal  legally  privileged  information.   If  full 
disclosure  is  not  made  for  the  reasons  indicated,  then 
whenever  feasible  the  FBI  field  office  shall  make  at
-  9  - 
least  limited  disclosure  to  the  law  enforcement  agency 
having  jurisdiction,  and  full  disclosure  shall  be  made  as 
soon  as  the  need  for  restricting  dissemination  is  no 
longer  present.   Where  full  disclosure  is  not  made  to  the 
appropriate  law  enforcement  agencies  within  180  days,  the 
FBI  field  office  shall  promptly  notify  FBI  Headquarters  in 
writing  of  the  facts  and  circumstances  concerning  the 
criminal  activity.   The  FBI  shall  make  a  periodic  report 
to  the  Deputy  Attorney  General  on  such  nondisclosure  and 
incomplete  disclosures,  in  a  form  suitable  to  protect  the 
identity  of  informants  and  confidential  sources. 
Whenever  information  is  received  concerning  unautho- 
rized criminal  activity  by  an  informant  or  confidential 
source,  it  shall  be  handled  in  accord  with  paragraph  G  of 
the  Attorney  General's  Guidelines  on  Use  of  Informants  and 
Confidential  Sources. 
(7)  All  requirements  regarding  investigations  shall 
apply  to  reopened  investigations e   In  sensitive  criminal 
matters,  the  United  States  Attorney  or  the  appropriate 
Department  of  Justice  official  shall  be  notified  in 
writing  as  soon  as  practicable  after  the  reopening  of  an 
investigation. 
III.    Criminal  Intelligence  Investigations 
This  section  authorizes  the  FBI  to  conduct  criminal  intel- 
ligence investigations  of  certain  enterprises  who  seek  either  to 
obtain  monetary  or  commercial  gains  or  profits  through  racke- 
teering activities  or  to  further  political  or  social  goals 
through  activities  that  involve  criminal  violence.   These 
investigations  differ  from  general  crimes  investigations, 
authorized  by  Section  II,  in  several  important  respects.  As  a 
general  rule,  an  investigation  of  a  completed  criminal  act  is 
normally  confined  to  determining  who  committed  that  act  and  with 
securing  evidence  to  establish  the  elements  of  the  particular 
offense.   It  is,  in  this  respect,  self-defining.   An  intelligence 
investigation  of  an  ongoing  criminal  enterprise  must  determine 
the  size  and  composition  of  the  group  involved,  its  geographic 
dimensions,  its  past  acts  and  intended  criminal  goals,  and  its 
capacity  for  harm.  While  a  standard  criminal  investigation 
terminates  with  the  decision  to  prosecute  or  not  to  prosecuce, 
the  investigation  of  a  criminal  enterprise  does  not  necessarily 
end,  even  though  one  or  more  of  the  participants  may  have  been 
prosecuted. 
In  addition,  the  organization  provides  a  life  and  conti  • 
nuity  of  operation  that  are  not  normally  found  in  a  regular 
criminal  activity.   As  a  consequence,  these  investigations  may
-  10  - 
continue  for  several  years.   Furthermore,  as  Justice  Powell 
noted,  the  focus  of  such  investigations  "May  be  less  precise  than 
that  directed  against  more  conventional  types  of  crime."  United 
States  v.  United  States  District  Court,  407  U.S.  297,  322  (1972). 
Unlike  the  usual  criminal  case,  there  may  be  no  completed  offense 
to  provide  a  framework  for  the  investigation.   It  often  requires 
the  fitting  together  of  bits  and  pieces  of  information  many  mean- 
ingless by  themselves  to  determine  whether  a  pattern  of  criminal 
activity  exists.   For  this  reason,  the  investigation  is  broader 
and  less  discriminate  than  usual,  involving  "the  interrelation  of 
various  sources  and  types  of  information."   Id. 
Members  of  groups  or  organizations  acting  in  concert  to 
violate  the  law  present  a  grave  threat  to  society.   An  investi- 
gation of  organizational  activity,  however,  may  present  special 
problems  particularly  where  it  deals  with  politically  motivated 
acts.   "There  is  often  a  convergence  of  First  and  Fourth  Amend- 
ment values,"  in  such  matters  that  is  "not  found  in  cases  of 
•ordinary5  crime."   Id.   Thus  special  care  must  be  exercised  in 
sorting  out  protecteo^activities  from  those  which  may  lead  to 
violence  or  serious  disruption  of  society.   As  a  consequence,  the 
guidelines  establish  safeguards  for  group  investigations  of 
special  sensitivity,  including  tighter  management  controls  and 
higher  levels  of  review. 
A.    Racketeering  Enterprise  Investigations 
This  section  focuses  on  investigations  of  organized 
-rime.   It  is  concerned  with  investigation  of  entire 
enterprises,  rather  than  individual  participants  in 
specific  criminal  acts,  and  authorizes  investigations  to 
determine  the  structure  and  scope  of  the  enterprise  as  well 
as  the  relationship  of  the  members.   Except  as  specified 
below,  this  authority  may  be  exercised  only  when  the 
activity  engaged  in  by  the  racketeering  enterprise  involves 
violence,  extortion,  narcotics,  or  systematic  public 
corruption. 
1.   Definitions 
Racketeering  activity  is  any  offense,  including 
the  violation  of  state  law,  encompassed  by  the 
Racketeer  Influenced  and  Corrupt  Organizations 
Act,  18  U.S.C.  Section  1961(1).
-  11  - 
General  Authority 
a..  The  FBI  has  authority  to  conduct  investiga- 
tions of  racketeering  enterprises  whose 
activities  involve  violence,  extortion,  nar- 
cotics, or  systematic  public  corruption.   A 
racketeering  enterprise  not  engaged  in  such 
activities  may  be  investigated  under  this 
authority  only  upon  a  written  determination  by 
the  Director,  concurred  in  by  the  Attorney 
General,  that  such  investigation  is  justified 
by  exceptional  circumstances. 
b.  A  racketeering  enterprise  investigation  may 
be  initiated  when  facts  or  circumstances 
reasonably  indicate  that  two  or  more  persons 
are  engaged  in  a  continuing  course  of  conduct 
for  the  purpose  of  obtaining  monetary  or  com- 
mercial gains  or  profits  wholly  "or  in  part 
through  racketeering  activity.   The  standard 
of  "reasonable  indication"  is  identical  to 
that  governing  the  initiation  of  a  general 
crimes  investigation  under  Part  II. 
c.  Authority  to  conduct  racketeering  enterprise 
investigations  is  separate  from  and  in 
addition  to  general  crimes  investigative 
authority  under  Part  II  and  domestic 
security/terrorism  investigations  under  Part 
III.   Information  warranting  initiation  of  a 
racketeering  enterprise  investigation  may  be 
obtained  during  the  course  of  a  general  crimes 
inquiry  or  investigation.  Conversely,  a 
racketeering  enterprise  investigation  may 
yield  information  warranting  a  general  crimes 
inquiry  or  investigation  or  a  domestic 
security/terrorism  investigation. 
3.   Purpose 
The  immediate  purpose  of  a  racketeering  enter- 
prise investigation  is  to  obtain  information 
concerning  the  nature  and  structure  of  the  enter- 
prise, as  specifically  delineated  in  paragraph 
II  D  below,  with  a  view  to  the  longer  range 
objective  of  detection,  prevention,  and  prosecu- 
tion of  the  criminal  activities  of  the 
enterprise.
12  - 
4.    Scope 
a.  A  racketeering  enterprise  investigation 
properly  initiated  under  these  guidelines  may 
collect  such  information  as: 
(i)  The  members  of  the  enterprise  and  other 
persons  likely  to  be  knowingly  acting 
in  the  furtherance  of  racketeering 
activity,  provided  that  the  information 
concerns  such  persons'  activities  on 
behalf  of  or  in  furtherance  of  the 
enterprise? 
(ii)  the  finances  of  the  enterprise; 
(iii)  the  geographical  dimensions  of  the 
enterprise;  and 
(iv)  the  past  and  future  activites  and  goals 
of  the  enterprise. 
b.  In  obtaining  the  foregoing  information,  any 
lawful  investigative  technique  may  be  used, 
in  accordance  with  the  requirements  of 
paragraphs  C  4  and  5  of  Part  I. 
5.   Authorization  and  Renewal 
a.  A  racketeering  enterprise  investigation  may 
be  authorized  by  the  Director  or  designated 
Assistant  Director  upon  a  written  recommenda- 
tion setting  forth  the  facts  and  circum- 
stances reasonably  indicating  the  existence 
of  a  racketeering  enterprise  whose  activities 
involve  violence,  extortion,  narcotics,  or 
systematic  public  corruption.   In  such  cases 
the  FBI  shall  notify  the  Attorney  General  or 
his  designee  of  the  opening  of  the  investi- 
gation.  An  investigation  of  a  racketeering 
enterprise  not  involved  in  these  activities 
may  be  authorized  only  by  the  Director  upon 
his  written  determination,  concurred  in  by 
the  Attorney  General,  that  such  investigation 
is  warranted  by  exceptional  circumstances. 
In  all  investigations,  the  Attorney  General 
may,  as  he  deems  necessary,  request  the  FBI 
to  provide  a  report  on  the  status  of  the 
investigation.
-  13  - 
b.  A  racketeering  enterprise  investigation  may  be 
initially  authorized  for  a  period  of  up  to  180 
days.   An  investigation  may  be  continued  upon 
renewed  authorization  for  additional  periods  each 
not  to  exceed  180  days.   Renewal  authorization 
shall  be  obtained  from  the  Director  or  desig- 
nated Assistant  Director.   The  concurrence  of  the 
Attorney  General  must  also  be  obtained  if  his 
concurrence  was  initially  required  to  authorize 
the  investigation. 
c.  Investigations  shall  be  reviewed  by  the  Director 
or  designated  senior  Headquarters  official  on  or 
before  the  expiration  of  the  period  for  which  the 
investigation  and  each  renewal  thereof  is 
authorized. 
d.  An  investigation  which  has  been  terminated  may  be 
reopened  upon  a  showing  of  the  same  standard  and 
pursuant  to  the  same  procedures  as  required  for 
initiation  of  an  investigation. 
B,    Domestic  Security/Terrorism  Investigations 
This  section  focuses  on  investigations  of  enterprises, 
other  than  those  involved  in  international  terrorism,  whose 
goals  are  to  achieve  political  or  social  change  through  activ- 
ities that  involve  force  or  violence.   Like  racketeering 
enterprise  investigations,  it  is  concerned  with  the  investi- 
gation of  entire  enterprises,  rather  than  individual 
participants  and  specific  criminal  acts,  and  authorizes 
investigations  to  determine  the  structure  and  scope  of  the 
enterprise  as  well  as  the  relationship  of  the  members. 
1.    General  Authority 
a.  A  domestic  security/terrorism  investigation  may 
be  initiated  when  the  facts  or  circumstances 
reasonably  indicate  that  two  or  more  persons  are 
engaged  in  an  enterprise  for  the  purpose  of 
furthering  political  or  social  goals  wholly  or  in 
part  through  activities  that  involve  force  or 
violence  and  a  violation  of  the  criminal  laws  of 
the  United  States.  The  standard  of  "reasonable 
indication"  is  identical  to  that  governing  the 
initiation  of  a  general  crimes  investigation  under 
Part  II.   In  determining  whether  an  investigation 
should  be  conducted,  the  FBI  shall  consider  all  of
-  14  - 
the  circumstances  including:   (1)  the  magni- 
tude of  the  threatened  harm?  (2)  the  likeli- 
hood it  will  occur;  (3)  the  immediacy  of  the 
threat;  and  (4)  the  danger  to.  privacy  and  free 
expression  posed  by  an  investigation. 
b.  Authority  to  conduct  domestic  security/terrorism 
investigations  is  separate  from  and  in  addition  to 
general  crimes  investigative  authority  under  Part 
II,  racketeering  enterprise  investigations  under 
Part  III  A  and  international  terrorism  investi- 
gations under  the  Attorney  General's  Guidelines 
for  Foreign  Intelligence  Collection  and  Foreign 
Counterintelligence  Investigations.   Information 
warranting  initiation  of  an  investigation  under 
this  section  may  be  obtained  through  the  course  of 
a  general  crimes  inquiry  or  investigation,  a 
racketeering  enterprise  investigation,  or  an 
investigation  of  international  terrorism.   Con- 
versely, a  domestic  security/terrorism  investi- 
gation may  yield  information  warranting  a  general 
crimes  inquiry  or  investigation,  a  racketeering 
enterprise  investigation,  or  an  investigation  of 
international  terrorism, 
c.  In  the  absence  of  any  information  indicating 
planned  violence  by  a  group  or  enterprise,  mere 
speculation  that  force  or  violence  might  occur 
during  the  course  of  an  otherwise  peaceable 
demonstration  is  not  sufficient  grounds  for 
initiation  of  an  investigation  under  this  section. 
For  alternative  authorities  see  Part  II  relating 
to  General  Crimes  Investigations  and  the  Attorney 
General's  Guidelines  on  "Reporting  on  Civil 
Disorders. and  Demonstrations  Involving  a  Federal 
Interest."  This  does  not  preclude  the  collection 
of  information  about  public  demonstrations  by 
enterprises  that  are  under  active  investigation 
pursuant  to  paragraph  B  1(a)  above. 
2.    Purpose 
The  immediate  purpose  of  a  domestic  security/ 
terrorism  investigation  is  to  obtain  information 
concerning  the  nature  and  structure  of  the  enter- 
prise as  specifically  delineated  in  paragraph  (3) 
below,  with  a  view  to  the  longer  range  objectives  of 
detection,  prevention,  and  prosecution  of  the  criminal 
activities  of  the  enterprise.
15  - 
Scope 
A  domestic  security/terrorism  investigation 
initiated  under  these  guidelines  may  collect 
such  information  as: 
(i)  the  members  of  the  enterprise  and  other 
persons  likely  to  be  knowingly  acting  in 
furtherance  of  its  criminal  objectives, 
provided  that  the  information  concerns  such 
persons'  activities  on  behalf  or  in  further 
ance  of  the  enterprise; 
(ii)  the  finances  of  the  enterprise? 
(iii)  the  geographical  dimensions  of  the  enter- 
prise; and 
(iv)  past  and  future  activities  and  goals  of 
the  enterprise. 
b.  In  obtaining  the  foregoing  information,  any  lawful 
investigative  technique  may  be  used  in  accordance 
with  requirements  of  Part  IV. 
Authorization  and  Renewal 
a.  A  domestic  security/terrorism  investigation  may 
be  authorized  by  the  Director  or  designated 
Assistant  Director  upon  a  written  recommendation 
setting  forth  the  facts  or  circumstances  reason- 
ably indicating  the  existence  of  an  enterprise  as 
described  in  this  subsection.   In  such  cases,  the 
FBI  shall  notify  the  Office  of  Intelligence  Policy 
and  Review  of  the  opening  of  the  investigation. 
In  all  investigations  the  Attorney  General  may,  as 
he  deems  necessary,  request  the  FBI  to  provide  a 
report  on  the  status  of  the  investigation. 
b.  A  domestic  security/terrorism  investigation  may 
be  initially  authorized  for  a  period  of  up  to  180 
days.   An  investigation  may  be  continued  upon 
renewed  authorization  for  additional  periods  each 
not  to  exceed  180  days.   Renewal  authorization 
shall  be  obtained  from  the  Director  or  designated 
Assistant  Director.
-  16  - 
c.  Investigations  shall  be  reviewed  by  the  Director 
or  designated  Senior  Headquarters  official  on  or 
before  the  expiration  period  for  which  the 
investigation  and  each  renewal  thereof  is 
authorized. 
d.  Each  investigation  should  be  reviewed  at  least 
annually  to  insure  that  the  threshold  standard 
is  satisfied  and  that  continued  allocation  of 
investigative  resources  is  warranted.   In  some 
cases,  the  enterprise  may  meet  the  threshold 
standard  but  be  temporarily  inactive  in  the  sense 
that  it  has  not  engaged  in  recent  acts  of 
violence,  nor  is  there  any  immediate  threat  of 
harm  —  yet  the  composition,  goals  and  prior 
history  of  the  group  suggests  the  need  for  con- 
tinuing federal  interest.   Under  those  circum- 
stances, the  investigation  may  be  continued  but 
reasonable  efforts  should  be  made  to  limit  the 
coverage  to  information  which  might  indicate  a 
change  in  the  status  or  ciminal  objectives  of  the 
enterprise. 
e.  An  investigation  which  has  been  terminated  may 
be  reopened  upon  a  showing  of  the  same  standard 
and  pursuant  to  the  same  procedures  as  required 
for  initiation  of  an  investigation. 
f.  The  FBI  shall  report  the  progress  of  a  domestic 
security/terrorism  investigation  to  the  Office  of 
Intelligence  Policy  and  Review  not  later  than 
180  days  after  the  initiation  thereof,  and  the 
results  at  the  end  of  each  year  the  investigation 
continues.   The  Office  of  Intelligence  Policy  and 
Review  shall  review  the  results  of  each  inves- 
tigation at  least  annually. 
IV .    Investigative  Techniques 
A.   When  conducting  investigations  under  these  guidelines 
the  FBI  may  use  any  lawful  investigative  technique. 
Before  employing  a  technique,  the  FBI  should  consider 
whether  the  information  could  be  obtained  in  a  timely 
and  effective  way  by  less  intrusive  means.   Some  of  the 
factors  to  be  considered  in  judging  intrusiveness  are 
adverse  consequences  to  an  individual's  privacy  interests 
and  avoidable  damage  to  his  reputation.   Whether  a  highly 
intrur " re   technique  should  be  used  depends  on  the 
seriousness  of  '  !<e  crime  and  the  strength  of  the  infor- 
mation indicating  the  existence  of  .he  crime.   It  is 
recognized  that  choice  of  technique  is  a  matter  of 
judgment.
-  17  - 
B.   All  requirements  for  use  of  a  technique  set  by  statute, 
Department  regulations  and  policies,  and  Attorney  General 
Guidelines  must  be  complied  with.   The  investigative 
techniques  listed  below  are  subject  to  the  noted 
restrictions: 
1.  Informants  and  confidential  sources  must  be  used 
in  compliance  with  the  Attorney  General's  Guide- 
lines on  the  Use  of  Informants  and  Confidential 
Sources; 
2.  Undercover  operations  must  be  conducted  in  com- 
pliance with  the  Attorney  General's  Guidelines 
on  FBI  Undercover  Operations; 
3.  Undisclosed  participation  in  the  activities  of 
an  organization  by  an  undercover  employee  or 
cooperating  private  individual  in  a  manner  that 
may  influence  the  exercise  of  rights  protected 
by  the  First  Amendment  must  be  approved  by  FBIHQ, 
with  notification  to  Department  of  Justice; 
4.  Nonconsensual  electronic  surveillance  must  be 
conducted  pursuant  to  the  warrant  procedures  and 
requirements  of  Title  III  of  the  Omnibus  Crime 
Control  and  Safe  Streets  Act  of  1968,  18  U.S.C. 
2510-2520; 
5.  Pen  registers  must  be  authorized  pursuant  to 
Department  policy.   This  requires  an  order  from 
a  federal  district  court  and  an  extension  every 
30  days,  under  the  December  18,  1979,  memorandum 
from  the  Assistant  Attorney  General  in  charge  of 
the  Criminal  Division  to  all  United  States  Attorneys; 
6.  Consensual  electronic  monitoring  must  be  autho- 
rized pursuant  to  Department  policy.   For  con- 
sensual monitoring  of  conversations  other  than 
telephone  conversations,  advance  authorization 
must  be  obtained  in  accordance  with  established 
guidelines.   This  applies  both  to  devices  carried 
by  the  cooperating  participant  and  to  devices 
installed  on  premises  under  the  control  of  the 
participant.   See  USAM  9-7.013.   For  consensual 
monitoring  of  telephone  conversations,  advance 
authorization  must  be  obtained  from  the  SAC  and 
the  appropriate  U.  S.  Attorney,  except  in  exigent 
circumstar  *s;
-  18  - 
7.  Searches  and  seizures  must  be  conducted  under 
the  authority  of  a  valid  warrant  unless  the 
search  or  seizure  comes  within  a  judicially  rec- 
ognized exception  to  the  warrant  requirement.  See 
also,  Attorney  General's  Guidelines  on  Methods  of 
Obtaining  Documentary  Materials  Held  by  Third 
Parties; 
8.  Whenever  an  individual  is  known  to  be   repre- 
sented by  counsel  in  a  particular  matter,  the 
FBI  shall  follow  applicable  law  and  Department 
procedure  concerning  contact  with  represented 
individuals  in  the  absence  of  prior  notice  to 
their  counsel.   The  SAC  or  his  designee  and  the 
United  States  Attorney  shall  consult  periodically 
on  applicable  law  and  Department  procedure. 
V.    Dissemination  of  Information 
The  FBI  may  disseminate  information  during  investigations 
conducted  pursuant  to  these  guidelines  to  another  Federal  agency  or 
to  a  State  or  local  criminal  justice  agency  when  such  information: 
A.  falls  within  the  investigative  or  protective 
jurisdiction  or  litigative  responsibility  of  the 
agency; 
B.  may  assist  in  preventing  a  crime  or  the  use  of 
violence  or  any  other  conduct  dangerous  to  human 
life; 
C.  is  required  to  be  furnished  to  another  Federal 
agency  by  Executive  Order  10450,  as  amended,  dated 
April  27,  1953,  or  a  successor  Order; 
D.  is  required  to  be  disseminated  by  statute,  inter- 
agency agreement  approved  by  the  Attorney  General, 
or  Presidential  Directive; 
and  to  other  persons  and  agencies  as  permitted  by  Sections  552  and 
552a  of  Title  V,  U.S.C. 
VI.   Cooperation  with  Secret  Service 
The  FBI  is  authorized  to  provide  investigative  assistance  in 
support  of  the  protective  responsibilities  of  the  Secret  Service, 
provided  that  all  preliminary  inquiries  or  investigations  are  con- 
ducted in  accordance  with  the  pro**'  >ions  of  these  guidelines
-  19  - 
VII.   Reservation 
A.  Nothing  in  these  guidelines  shall  limit  the  general 
reviews  or  audits  of  papers,  files,  contracts,  or  other 
records  in  the  government's  possession,  or  the  perfor- 
mance of  similar  services  at  the  specific  request  of  a 
Department  or  agency  of  the  United  States.   Such  reviews, 
audits  or  similar  services  must  be  for  the  purpose  of 
detecting  or  preventing  violations  of  federal  law  which 
are  within  the  investigative  responsibility  of  the  FBI. 
B.  Nothing  in  these  guidelines  is  intended  to  limit  the 
FBI's  responsibilities  to  investigate  certain  applicants 
and  employees  under  the  federal  personnel  security 
program. 
C.  These  guidelines  are  set  forth  solely  for  the  purpose  of 
internal  Department  of  Justice  guidance.   They  are  not 
intended  to,  do  not,  and  may  not  be  relied  upon  to  create 
any  rights,  substantive  or  procedural,  enforceable  at  law 
by  any  party  in  any  manner,  civil  or  criminal,  nor  do 
they  place  any  limitation  on  otherwise  lawful  investiga- 
tive and  litigative  prerogatives  of  the  Department  of 
Justice. 
William  French  Smi 
Attorney  General 
Date 
& 
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