20 May 2006
Source: http://www.gpoaccess.gov/cfr/index.html
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[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR0]
[Page 25-26]
TITLE 28--JUDICIAL ADMINISTRATION
CHAPTER I--DEPARTMENT OF JUSTICE
PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE--Table of Contents
Subpart F-1--Office of Intelligence Policy and Review
Sec. 0.33a Organization.
The Office of Intelligence Policy and Review shall be headed by a
Counsel for Intelligence Policy, appointed by the Attorney General.
[Order No. 960-81, 46 FR 52343, Oct. 27, 1981]
Sec. 0.33b Functions.
The Counsel for Intelligence Policy shall:
(a) Advise and assist the Attorney General in carrying out his
responsibilities under Executive Order 12036, ``United States
Intelligence Activities;''
(b) Serve as the Department representative on interdepartmental
boards, committees and other groups dealing with intelligence and
counterintelligence matters;
(c) Oversee the development, coordination and implementation of
Department policy with regard to intelligence, counterintelligence and
national security matters;
(d) Participate in the development, implementation and review of
United States intelligence policies, including procedures for the
conduct of intelligence and counterintelligence activities;
(e) Evaluate Departmental activities and existing and proposed
domestic and foreign intelligence and counterintelligence activities to
determine their consistency with United States intelligence policies and
law;
(f) Formulate policy alternatives and recommend action by the
Department and other executive agencies in achieving lawful United
States intelligence and counterintelligence objectives;
(g) Analyze and interpret current statutes, Executive orders,
guidelines, and other directives pertaining to domestic security,
foreign intelligence and counterintelligence activities; and
(h) Review and comment upon proposed statutes, guidelines, and other
directives with regard to intelligence activities; and, in conjunction
with the Office of Legal Counsel, review and comment upon the form and
legality of proposed Executive Orders that touch upon matters related to
the function of this Office;
(i) Supervise the preparation of certifications and applications for
orders under the Foreign Intelligence Surveillance Act and the
representation of the United States before the United States Foreign
Intelligence Surveillance Court;
(j) Recommend action by the Department of Justice with regard to
applications for foreign intelligence and counterintelligence electronic
surveillances, as well as for other investigative activities by
executive branch agencies;
(k) Monitor intelligence and counterintelligence activities by
executive branch agencies to insure conformity with Department
objectives;
(l) Prepare periodic and special intelligence reports describing and
evaluating domestic and foreign intelligence and counterintelligence
activities and assessing trends or changes in these activities;
(m) Provide a quality control review for all outgoing intelligence
and counterintelligence reports;
(n) Supervise the preparation of the Office's submission for the
annual budget; and
(o) Perform other duties pertaining to intelligence activities as
may be assigned by the Attorney General.
[Order No. 875-80, 45 FR 13729, Mar. 3, 1980, as amended by Order No.
960-81, 46 FR 52343, Oct. 27, 1981]
Sec. 0.33c Relationship to other departmental units.
(a) Internal security functions at Sec. 0.61 shall continue to be
the responsibility of the Assistant Attorney General in charge of the
Criminal Division.
(b) The Assistant Attorney General for Administration shall be
responsible for providing advice relating to basic Department policy for
security and shall direct all Department security programs assigned at
Sec. 0.75(p).
(c) Responsibility for conducting criminal investigations shall
continue to rest with the head of the Departmental investigative or
prosecutive unit having jurisdiction over the subject matter.
(d) Responsibility for conducting intelligence activities shall
continue to
[[Page 26]]
rest with the head of the Departmental unit having jurisdiction over the
subject matter.
(e) In rendering legal opinions, the Counsel for Intelligence Policy
shall consult with the Office of Legal Counsel whenever the Counsel
determines:
(1) That a question raises significant implications for activities
of the government other than intelligence activities, or
(2) That other facts or circumstances make such consultation
appropriate.
[Order No. 875-80, 45 FR 13729, Mar. 3, 1980]