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  <FDSYS>
    <CFRTITLE>28</CFRTITLE>
    <CFRTITLETEXT>Judicial Administration</CFRTITLETEXT>
    <VOL>1</VOL>
    <DATE>2003-07-01</DATE>
    <ORIGINALDATE>2003-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>1-Office of Intelligence Policy and Review</TITLE>
    <GRANULENUM>F</GRANULENUM>
    <HEADING>Subpart F</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 28" SEQ="2">Judicial Administration</PARENT>
      <PARENT HEADING="CHAPTER I" SEQ="1">DEPARTMENT OF JUSTICE</PARENT>
      <PARENT HEADING="PART 0" SEQ="0">ORGANIZATION OF THE DEPARTMENT OF JUSTICE</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SUBPART>
    <PRTPAGE P="25"/>
    <HD SOURCE="HED">Subpart F-1—Office of Intelligence Policy and Review</HD>
    <SECTION>
      <SECTNO>§ 0.33a</SECTNO>
      <SUBJECT>Organization.</SUBJECT>
      <P>The Office of Intelligence Policy and Review shall be headed by a Counsel for Intelligence Policy, appointed by the Attorney General.</P>
      <CITA>[Order No. 960-81, 46 FR 52343, Oct. 27, 1981]</CITA>
    </SECTION>
    <SECTION>
      <SECTNO>§ 0.33b</SECTNO>
      <SUBJECT>Functions.</SUBJECT>
      <P>The Counsel for Intelligence Policy shall:</P>
      <P>(a) Advise and assist the Attorney General in carrying out his responsibilities under Executive Order 12036, “United States Intelligence Activities;”</P>
      <P>(b) Serve as the Department representative on interdepartmental boards, committees and other groups dealing with intelligence and counterintelligence matters;</P>
      <P>(c) Oversee the development, coordination and implementation of Department policy with regard to intelligence, counterintelligence and national security matters;</P>
      <P>(d) Participate in the development, implementation and review of United States intelligence policies, including procedures for the conduct of intelligence and counterintelligence activities;</P>
      <P>(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;</P>
      <P>(f) Formulate policy alternatives and recommend action by the Department and other executive agencies in achieving lawful United States intelligence and counterintelligence objectives;</P>
      <P>(g) Analyze and interpret current statutes, Executive orders, guidelines, and other directives pertaining to domestic security, foreign intelligence and counterintelligence activities; and</P>
      <P>(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;</P>
      <P>(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;</P>
      <P>(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;</P>
      <P>(k) Monitor intelligence and counterintelligence activities by executive branch agencies to insure conformity with Department objectives;</P>
      <P>(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;</P>
      <P>(m) Provide a quality control review for all outgoing intelligence and counterintelligence reports;</P>
      <P>(n) Supervise the preparation of the Office's submission for the annual budget; and</P>
      <P>(o) Perform other duties pertaining to intelligence activities as may be assigned by the Attorney General.</P>
      <CITA>[Order No. 875-80, 45 FR 13729, Mar. 3, 1980, as amended by Order No. 960-81, 46 FR 52343, Oct. 27, 1981]</CITA>
    </SECTION>
    <SECTION>
      <SECTNO>§ 0.33c</SECTNO>
      <SUBJECT>Relationship to other departmental units.</SUBJECT>
      <P>(a) Internal security functions at § 0.61 shall continue to be the responsibility of the Assistant Attorney General in charge of the Criminal Division.</P>
      <P>(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 § 0.75(p).</P>
      <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.</P>

      <P>(d) Responsibility for conducting intelligence activities shall continue to <PRTPAGE P="26"/>rest with the head of the Departmental unit having jurisdiction over the subject matter.</P>
      <P>(e) In rendering legal opinions, the Counsel for Intelligence Policy shall consult with the Office of Legal Counsel whenever the Counsel determines:</P>
      <P>(1) That a question raises significant implications for activities of the government other than intelligence activities, or</P>
      <P>(2) That other facts or circumstances make such consultation appropriate.</P>
      <CITA>[Order No. 875-80, 45 FR 13729, Mar. 3, 1980]</CITA>
    </SECTION>
  </SUBPART>
</CFRGRANULE>
