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Hurricane required the validation of a CHS when the person was opened as a source.[1] Validation included documenting the person’s criminal record and motivation for providing information.”[2] Because a source’s reliability can change, the guidelines directed the FBI to review each CHS’s file “at least annually” and “ensure that all available information that might materially alter a prior validation assessment … is promptly reported” to a supervisor and documented.[3]

The guidelines also required that an FBI agent instruct the CHS.[4] Because the instructions are important, another agent or official was to be present as a witness.[5] The agent was to direct the CHS to provide truthful information and to “abide by the instructions of the FBI.”[6] If the FBI compensated the CHS, the CHS was “liable for any taxes that may be owed.”[7] The guidelines explained that “[t]he content and meaning of each of the … instructions must be clearly conveyed” to the CHS.[8] Immediately afterward, the agent “shall require” the CHS “to acknowledge his or her receipt and understanding of the instructions.”[9]

  1. ↑ The Attorney General’s Guidelines Regarding the Use of FBI Confidential Human Sources § II.A (Dec. 13, 2006), as amended by Attorney General Orders 3019-2008 (Nov. 26, 2008) and 3596-2015 (Nov. 18, 2015) (hereinafter “2006 CHS Guidelines”). In 2020, the Attorney General approved new CHS guidelines. The Attorney General’s Guidelines Regarding the Use of FBI Confidential Human Sources (Dec. 23, 2020) (hereinafter “2020 CHS Guidelines”). The 2020 Guidelines are discussed below in Section III.B.5.b.
  2. ↑ The guidelines required the following information as part of the initial validation:

    whether the person has a criminal history, is reasonably believed to be the subject or target of a pending criminal investigation, is under arrest, or has been charged in a pending prosecution;

    the person’s motivation for providing information or assistance, including any consideration sought from the government for this assistance; [and]

    ….

    any other information that is required to be documented … pursuant to … FBI policies.

    2006 CHS Guidelines § II.A.3.c; A.3.d; A.3.f.

  3. ↑ Id. § II.C. The FBI was to establish procedures to ensure the prompt reporting of information that might alter a prior assessment. See id. § II.C.2.
  4. ↑ Id. § II.B.1.
  5. ↑ Id.
  6. ↑ Id. § II.B.1.a; B.1.d.
  7. ↑ Id. § II.B.2.f.
  8. ↑ Id. § II.B.3.
  9. ↑ Id.

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