Where are the FBI's authorities located?
The FBI has a range of legal authorities that enable it to investigate federal crimes and threats to national security, as well as to gather intelligence and assist other law enforcement agencies. These authorities range from presidential executive orders/directives, federal statutes, and federal regulations to attorney general directives/orders.
For example, Title 28, U.S. Code, Section 533, authorizes the attorney general to appoint officials to detect and prosecute crimes against the United States. This authority was delegated to the FBI Director in Title 28, Code of Federal Regulations, Section 0.85. Additionally, Title 18, U.S. Code, Section 3052, authorizes special agents and officials of the FBI to make arrests, carry firearms, and serve warrants, and Title 18, U.S. Code, Section 3107, empowers special agents and officials to make seizures under warrant for violation of federal statutes.
For some federal offenses, the FBI is specifically designated as the primary/lead investigative agency [e.g., the Congressional Assassination, Kidnapping, and Assault Act (Title 18, U.S. Code, Section 351) and Fraud and Related Activity in Connection with Computers (Title 18, U.S. Code, Section 1030(d)(2)]. Notably, the FBI may assist in investigating felony killings of state law enforcement officers (Title 28 U.S.C. § 540), violent crimes against interstate travelers (Title 28 U.S.C. § 540A), and serial killers (Title 28 U.S.C. §540B) if requested by an appropriate state law enforcement official.
In addition, Title 28, Code of Federal Regulations, Section 0.85, outlines the investigative responsibilities of the FBI, including the collection of fingerprint cards and identification records; the training of state and local law enforcement officials at the FBI National Academy; and the operation of the National Crime Information Center and the FBI Laboratory.
The FBI also has authority to investigate threats to national security pursuant to presidential executive orders, attorney general directives/order, and various federal statutes, such as Executive Order 12333; Title 50, U.S.Code, § 3001 et seq.; and Title 50, U.S.Code, § 1801 et seq.